PathLIMS Terms of Services

Welcome to PathLIMS! These Terms of Service (the “Terms”) govern your access to and use of the PathLIMS website, applications, and services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms. If you do not agree, you may not access or use the Service.

PathLIMS provides secure, online solutions for managing laboratory operations, including storage of medical data and other related records. We prioritize the privacy and security of your information, employing advanced security technologies to safeguard your data. However, your records are only as secure as your efforts to protect your password. We encourage you to keep your credentials safe and update your password regularly.

For any questions or concerns, please feel free to contact us at [email protected]. 

By accessing the PathLIMS website, web application and mobile apps, you acknowledge and agree to these Terms.

Definitions

The following terms are used throughout these Terms of Service and shall have the meanings ascribed to them below:

1. “PathLIMS”, “We”, “Us”, “Our”: Refers to PathLIMS, including its website, web application, mobile application, and services provided.
2. “Subscriber”: An individual or entity who enters into an agreement with PathLIMS to access, use, and store health-related or operational data via the PathLIMS platform. Subscribers may manage their own data as well as data related to their organization or team.
3. “User”: Refers to any individual who accesses or uses the PathLIMS platform, either directly or with permission from a Subscriber.
4. “Platform”: The collective suite of services, including the website, web application, and mobile application provided by PathLIMS for desktop and mobile use.
5. “Services”: Refers to the SaaS-based cloud solutions offered by PathLIMS to Subscribers, such as laboratory management, data storage, and workflow optimization.
6. “Account”: The secure repository where Subscribers’ data and related information are stored, accessed, or updated by the Subscriber or their designated representatives.
7. “Subscription”: Refers to the payment plan selected by a Subscriber that defines the scope and duration and level of access to PathLIMS’ Services.
8. “Patients/End Users”: Refers to the customers or clients of the Subscribers who indirectly use the Services provided by the PathLIMS platform.
9. “Third Parties”: Any entity, individual, or application outside of PathLIMS and its Subscribers or Users that interacts with the Platform.
10. “Disclosing Party”: Any party that provides health-related or operational information to be stored or processed within a Subscriber’s account.
11. “Parties/Party”: Refers collectively to both PathLIMS and its Users, or individually to either entity.
12. “Policy/Terms”: Refers collectively to these Terms of Service and the Privacy Policy governing the use of PathLIMS services.

Proprietary Rights

Intellectual Property Ownership, Copyright and Trademark Protections

1. Definition of Content: 

• The term “Content” refers to any data, text, figures, images, illustrations, videos, resources, software, code, scripts, graphics, or interactive features made available through the Service. References to the “Service” in these Terms include the Content where applicable.

1. Ownership and Protection:
   • All intellectual property rights related to the PathLIMS software, including but not limited to, software code, design, trademarks, service marks, logos, and content available on the Platform, are the sole and exclusive property of PathLIMS. Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for its intended purposes, as outlined in these Terms.
   • All Content, including graphs, graphics, photographs, text, sounds, data, and audio or video clips, is the exclusive property of PathLIMS, its licensors, or its content suppliers and is protected by copyright laws. The Service and its Content are owned by or licensed to PathLIMS and/or its affiliates.
   • The compilation, arrangement, and coordination of all Content are proprietary to PathLIMS.
2. Proprietary Markings: 
   • All elements of the Service are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights under Indian and international laws and treaties.
   • Nothing in this Agreement transfers Proprietary Rights or implies any rights to the Service, its Content, or any associated elements.
   • You agree not to remove, suppress, or modify proprietary markings, including trademarks or copyright notices, found within the Service or on any output generated through its use.
3. Usage Restrictions:

• Content and information on the Platform may be displayed, reformatted, or printed for personal, non-commercial use only.
• Content may not be reproduced, retransmitted, distributed, sold, published, or otherwise circulated without prior written consent from PathLIMS.
• Any copies made must include the original copyright notice.

1. Trademarks:
   • The PathLIMS name, logo, and any other trademarks appearing on the Platform are the property of PathLIMS and are protected by trademark laws.
   • Unauthorized use of these trademarks may result in legal consequences, including civil and criminal penalties.

Subscriber Data

1. Disclosing Party Ownership:
   • All information is deemed the property of the Disclosing Party before it is uploaded to or entered into a Subscriber’s Account.
   • Submitting information to PathLIMS does not transfer ownership of the data to PathLIMS.
2. Limited Possession Rights:
   • PathLIMS holds non-exclusive possession of the data entered into a Subscriber’s Account during the term of this Agreement.
   • Upon termination of this Agreement, PathLIMS will cease possession unless:
     • Otherwise agreed in writing
     • Return or destruction of the data is infeasible due to legal or practical constraints, in which case possession will be limited to the purpose that makes return or destruction infeasible.

Use of Software

Eligibility

• The PathLIMS software and services are available only to individuals and entities legally permitted to enter into binding contracts.
• The Platform is intended exclusively for professional laboratory management and related purposes. It must not be used for unauthorized, illegal, or unethical activities.

Encouraged Activities and Responsibilities 

1. Access and use the software for lawful, professional laboratory management purposes in compliance with these Terms.
2. Download or print data for personal or professional use within their organization.
3. Users are responsible for providing accurate, updated and truthful information during account registration and for updating their information as necessary.
4. Comply with all applicable laws, including privacy, intellectual property, anti-spam, tax, and regulatory requirements.
5. Use the software in a lawful, professional manner aligned with its intended functionality.
6. Promptly notify PathLIMS of any unauthorized access or use of their accounts.
7. Use the Platform responsibly to avoid introducing viruses, worms, Trojan horses, or other harmful components.
8. Upload, store, and manage data and files within the scope of the services offered.
9. Users must maintain the confidentiality of their login credentials, including User IDs and passwords.
10. Ensure their login credentials are not shared with unauthorized individuals.

Prohibited Activities

Users are strictly prohibited from:

1. Account and Credential Misuse
   • Sharing login credentials with unauthorized users.
   • Impersonating another individual or entity.
2. Unauthorized Use:
   • Copying, distributing, or modifying any part of the software or services without prior written consent.
   • Creating false identities, misrepresenting themselves, or impersonating another person.
   • Using another User’s account without authorization.
3. Circumventing Security:
   • Overriding security features, bypassing access controls, or exploiting vulnerabilities in the system.
   • Reverse engineering, decompiling, or disassembling the software.
4. Unethical or Harmful Actions:
   • Posting or transmitting harmful code, such as viruses, worms, or malware.
   • Using the Platform for fraudulent activities, spamming, or sending unauthorized communications.
5. Scraping and Automation:
   • Using bots, scripts, or automated tools to access, monitor, or scrape data from the Platform.
   • Engaging in “framing,” “mirroring,” or modifying the Platform’s appearance.
6. Violations of Intellectual Property:
   • Copying, reproducing, or distributing proprietary content, trademarks, or technology without authorization.
   • Using the name, logos, or trademarks of PathLIMS without express permission.
7. Interference and Overuse:
   • Interfering with the Platform’s operations or imposing unreasonable loads on the system (e.g., denial-of-service attacks).
8. Improper Content Handling:
   • Disclosing or distributing confidential information without authorization.
   • Posting content that violates privacy laws or infringes on intellectual property rights.
   • Uploading or posting offensive, harmful, or defamatory content.

Content Disclaimer

1. The content provided on the Platform is for informational purposes only and should not be considered medical or health advice.
2. The Platform does not offer medical diagnosis, treatment recommendations, or comprehensive health information.
3. Users should consult qualified healthcare professionals for any medical advice or treatment.

Registration

1. Users must register to access the software by providing basic information, such as name, email address, and mobile number.
2. Registered information may be used for service updates or new feature announcements. Users can opt out of promotional communications by contacting [email protected].

Additional Terms

Certain parts of the PathLIMS Services may have specific Additional Terms and Conditions (“Additional Terms”) that apply. These Additional Terms are an integral part of these Terms of Service and govern the use of those specific parts of the Service.

Compliance with Additional Terms

1. Scope: Additional Terms may be referenced on specific parts of the Service, included in posted notices, affixed to Content, or otherwise provided to you.
2. Obligation: You agree to comply with all applicable Additional Terms associated with the parts of the Service you use.

Conflict of Terms

• In the event of a conflict between these Terms of Service and any Additional Terms, the Additional Terms will take precedence for the relevant part of the Service.

Use of User Submissions

Users may upload or post content to the Platform, provided that:

1. The content does not violate intellectual property or proprietary rights.
2. The content is lawful, non-defamatory, and does not contain harmful code or malware.
3. Users have the necessary rights and permissions to upload the content.

Subscriber-Specific Responsibilities

• Financial Responsibility: Subscribers are financially responsible for all charges and usage of their accounts, including unauthorized use.
• Secure Management: Subscribers must ensure that only authorized individuals have access to their accounts.

Representations and Warranties

Users represent and warrant that they:

1. Are at least 18 years old.
2. Have the legal right to enter into this agreement and use the Platform in compliance with these Terms.
3. Own or have the necessary rights to any content they upload to the Platform.

Compliance with Additional Obligations

Users agree to:

1. Follow all applicable laws and regulations.
2. Refrain from engaging in activities that harm PathLIMS, other users, or the integrity of the Platform.
3. Take full responsibility for their actions on the Platform, including those of minors or family members under their accounts.

Failure to comply with these responsibilities may result in:

• Suspension or termination of access to the Platform.
• Legal liability, including civil or criminal penalties.

Data Ownership and Privacy

1. Data Ownership

• User Ownership: Users retain full ownership of the data they enter into the PathLIMS system.
• Company Rights: PathLIMS reserves the right to use anonymized and aggregated data for internal analytics, product improvement, and service enhancement purposes.
• Third-Party Data: Users are responsible for ensuring that any third-party data entered into the Platform complies with applicable privacy laws and regulations.

2. Data Processing

• By using PathLIMS, you agree to the collection, processing, and use of your personal information as described in the Privacy Policy.
• The Privacy Policy provides a detailed explanation of how PathLIMS collects, processes, and safeguards personal and organizational data.

3. Data Backup

• Company Responsibility: PathLIMS ensures regular backups of all data stored on the Platform to prevent data loss due to unforeseen circumstances.
• User Responsibility: Users are encouraged to maintain their own backups of critical data for added security and redundancy.

4. Privacy Commitment

PathLIMS prioritizes the privacy of its Subscribers and Users. The company implements robust security measures to protect user data, including:

1. Compliance with data protection regulations.
2. Encryption technologies to safeguard sensitive information.
3. Restricted access to data, ensuring only authorized personnel can view or process it.

For more details, refer to the comprehensive Privacy Policy available on the PathLIMS website.

Payment Terms

1. Fees

• Pricing Model: PathLIMS operates on a subscription-based model with tiered plans tailored to the specific needs of laboratories.
• Free Registration: Registration on the Platform is currently free. Subscription fees apply for accessing premium services.
• Subscription Options: Users may select from monthly, annual, or multi-year subscription plans.

2. Payment Terms

• Billing Frequency: Subscription fees will be billed based on the selected plan (e.g., monthly, annually, or multi-year).
• Accepted Payment Methods:
  • Debit Card
  • Credit Card
  • Amex Card
  • Net Banking
  • UPI
  • E-Wallets
  • Online Payment Gateways (e.g., Razorpay)
• Payment Processing: Payments are processed through third-party payment gateways, and Users are bound by the terms and conditions of the payment provider.

3. Refund Policy

PathLIMS currently does not offer any Refund of paid subscriptions amount. It is advised to use the Free plan before purchasing a paid subscription. 

4. Late Payments

Late payments of subscription amount may draw penalties such as: 

1. Access to services being restricted for overdue accounts until payment is received.
2. Late payments may incur additional charges as specified in the subscription agreement.
3. Account being suspended 

5. User Responsibilities

• Users are responsible for providing accurate payment credentials. The Platform is not liable for issues arising from incorrect or false payment information.
• Users must comply with all third-party payment gateway terms when processing payments.

PathLIMS Rights 

PathLIMS reserves the right to:

1. Delete user data, including images and health records, in cases of non-payment or violation of these Terms, with or without prior notice. 
2. Block or remove content that violates intellectual property rights, contains malicious code, or is otherwise deemed harmful, with or without prior notice.
3. Suspend or discontinue any functionality or feature of the Platform without prior notice.
4. Access, transmit, or process user data only to ensure the proper functioning of the Platform and compliance with legal obligations.

Users acknowledge and agree that:

1. Any content, materials, or communications uploaded to the Platform are subject to review or removal if deemed inappropriate, fraudulent, or harmful.
2. Clicking on external links shared on the Platform is at their own risk. PathLIMS is not responsible for the content, accuracy, or legality of third-party websites.

Using third-party content and links: 

• PathLIMS may provide links to external websites or content for user convenience. These links do not imply endorsement or responsibility for the content, accuracy, or services offered by such third-party sites.
• Users browsing linked external sites are subject to the terms and conditions of those sites and do so at their own risk.

Limitation of Liability

1. General Disclaimer

To the fullest extent permitted by law, PathLIMS, its affiliates, suppliers, partners, licensors, integrators, or content providers, including their respective officers, directors, employees, or agents, shall not be liable for any damages or losses arising out of or in connection with:

1. The use, inability to use, or performance of the software or services.
2. Any bugs, viruses, trojan horses, or malicious elements originating from third-party sources.
3. Errors caused by user actions, third-party integrations, or misuse of the Platform.
4. Indirect, incidental, punitive, or consequential damages of any kind, including but not limited to loss of profits, revenue, business, savings, or goodwill.

2. Limitation of Financial Liability

• The maximum liability of PathLIMS for any claim, whether arising from contract, tort, strict liability, negligence, or any other legal or equitable theory, shall not exceed the greater of:
  • $50 (in aggregate), or
  • The total fees paid by the user for the services during the 3 months preceding the claim.

3. No Liability for Data Loss or Downtime

PathLIMS is not responsible for:

1. Loss or corruption of data.
2. Downtime or unavailability of the software.
3. Costs incurred for procuring substitute goods or services.

4. User-Induced Issues

PathLIMS shall not be liable for:

1. Damages resulting from user negligence, misuse, or breach of the Terms.
2. Errors or disruptions caused by third-party integrations or unauthorized modifications to the software.

5. Exclusion of Specific Damages

PathLIMS explicitly excludes liability for:

1. Lost profits, revenue, or business opportunities.
2. Special, incidental, or punitive damages.
3. Any interruption to business operations arising from the use or inability to use the Platform.

6. Force Majeure

PathLIMS shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to 

• Acts of God (e.g., earthquakes, floods, storms, or other natural disasters)
• Acts of war, terrorism, or civil unrest
• Fires, explosions, or sabotage
• Labor disputes, strikes, or shortages
• Government actions such as prohibitive orders, regulations, or restrictions
• Cyberattacks such as hacking, piracy, or other malicious activities
• Internet service disruptions or outages
• Technical failures, including breakage of submarine cables or other critical infrastructure

Mitigation

The Company shall make reasonable efforts to mitigate the effects of such Force Majeure events and resume normal operations as soon as possible.

Notification

The Company shall notify affected Users promptly of the occurrence of any Force Majeure event, outlining the expected duration and the measures being taken to address the situation.

Impact on Obligations

During the period of the Force Majeure event:

• The affected obligations shall be suspended to the extent of the delay or failure caused by the event.
• The Company’s liability for non-performance or delay shall be waived.

No Liability

The Company shall not be liable for any damages, losses, or claims arising out of the inability to fulfill obligations due to Force Majeure events.

7. User Waiver

• By using the Platform, users waive any claims against PathLIMS, its affiliates, and their representatives for losses or damages, except as explicitly stated in these Terms.

Warranties and Disclaimers

PathLIMS provides its software and services “as is” and “as available” with no warranty for uninterrupted or error-free operations.

1. General Disclaimer
   PathLIMS disclaims all warranties, express or implied, including but not limited to:
   • Warranties of merchantability or fitness for a particular purpose.
   • Non-infringement of intellectual property rights.
   • Accuracy, reliability, or completeness of information provided.
2. No Guarantee of Performance: PathLIMS does not guarantee, 
   • Continuous, uninterrupted, or error-free operation of the software or services.
   • That defects or issues will always be corrected promptly.
   • That the software or services are free from harmful elements such as viruses or malware.
   • That the results from using the software will meet user expectations or requirements.

Specific Limitations

1. Data Responsibility
   • PathLIMS assumes no responsibility for the accuracy or completeness of data input by users or third-party integrations.
   • Users are responsible for maintaining external backups and verifying the accuracy of their records.
2. Connectivity and Network Risks
   • PathLIMS cannot be held liable for delays, failures, or interruptions in service caused by third-party internet providers, carriers, or infrastructure beyond its control.
   • Communication over the internet and external networks is inherently insecure and may result in data corruption or interception.
3. File Safety
   • PathLIMS cannot guarantee that downloadable files or software updates are free from viruses, worms, or other harmful components.
4. Content Liability
   • PathLIMS does not warrant the accuracy or suitability of content displayed or accessed through the platform. Reliance on such information is at the user’s sole risk.

User Responsibility

1. Users must implement appropriate safeguards, including antivirus software and data validation mechanisms, to ensure secure usage of the software.
2. Users are responsible for maintaining the confidentiality of their login credentials and ensuring authorized access only.

Changes to Service

PathLIMS reserves the right to modify, suspend, or discontinue any features or functionalities of the platform at its sole discretion and without prior notice.

Termination

Termination by User

1. Account Termination:
   • Users may terminate their account or subscription by providing written notice at least 45 days prior to the end of the current subscription term.
   • If a user is linked to the platform through a diagnostic laboratory, delisting from the platform will require approval from the associated diagnostic laboratory.
2. Data Access Post-Termination:
   • Upon termination, users will lose access to their account and associated services.
   • User data will be retained for a minimum of 30 days in accordance with the company’s data retention policy, after which it will be permanently deleted unless required otherwise by legal or regulatory obligations.

Termination by PathLIMS

1. Grounds for Termination: PathLIMS reserves the right to suspend or terminate a user’s account immediately under the following circumstances:
   • Breach of terms, including misuse of the platform or failure to adhere to acceptable use policies.
   • Non-payment of subscription fees or failure to maintain timely payments.
   • Actions deemed detrimental to the integrity or security of the platform, including the introduction of harmful elements like viruses or malware.
   • Fraudulent, illegal, or unauthorized use of the platform.
2. Notice of Termination:
   • PathLIMS will provide written notice of termination for non-material breaches or other discretionary cases.
   • Immediate termination may occur without notice for material violations or threats to the platform.
3. Changes in Ownership:
   • In the event of a merger, acquisition, or other ownership changes, the platform’s terms and policies under the new management will apply, with or without prior notice to users.

Post-Termination Provisions

1. Data Retention:
   • PathLIMS will retain user data for at least 30 days following termination to allow for retrieval if required.
   • After the retention period, all data will be securely deleted unless otherwise mandated by law or legal proceedings.
2. Survival of Obligations:
   • Provisions related to ownership, liability, indemnification, confidentiality, and dispute resolution will survive termination.
3. No Refunds:
   • Subscription fees are non-refundable unless explicitly stated in the refund policy.

General Termination Rights

1. PathLIMS reserves the universal right to:
   • Suspend or terminate any user account at its sole discretion without notice.
   • Deny access to specific users to protect the platform or its users.
   • Alter or discontinue any services or features without prior notice.
2. Impact of Termination:
   • Users are expected to cease all use of the platform upon termination.
   • Any data, files, or outputs generated through the platform may become inaccessible post-termination.

Indemnification

1. General Indemnity: 

You agree to indemnify, defend, and hold harmless PathLIMS, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all losses, liabilities, damages, claims, costs, or expenses, including reasonable legal fees, arising out of or related to:

• Your misuse of or access to the platform and services.
• Your violation of these Terms and Conditions.
• Your breach of any applicable laws or regulations.
• Claims by third parties relating to your data, actions, or use of the services.

2. Third-Party Claims:

PathLIMS shall be indemnified against all claims arising from:

• Alleged or actual infringement of intellectual property rights by your actions or content.
• Violations caused by unauthorized use or access to your account.
• Misrepresentation or inaccuracies in the data or content provided by you.

3. Company’s Right to Defense:

PathLIMS reserves the right to assume exclusive control of its defense in any matter subject to indemnification by you.

• You agree to provide full cooperation and assistance in such cases as reasonably requested by PathLIMS, including asserting any available defenses.

4. Exclusions from Indemnity:

This indemnification does not apply where:

• The claims arise solely from PathLIMS’s gross negligence or willful misconduct.
• PathLIMS fails to meet its stated responsibilities in accordance with applicable laws.

5. Scope of Liability:

You acknowledge that the indemnity obligation includes, but is not limited to:

• Claims of copyright, trademark, or other intellectual property infringement.
• Penalties, judgments, court costs, and legal fees incurred in defending such claims.
• Damages related to personal injury, property damage, or financial loss caused by your actions or content.

Governing Law and Dispute Resolution

Governing Law 

These Terms and Conditions shall be governed by and construed in accordance with the laws of India, excluding its conflict of law provisions. All matters arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Jalpaiguri, West Bengal, India.

Dispute Resolution Process

1. Mediation
   • In the event of any dispute or disagreement between the Parties, both Parties shall attempt to resolve the matter amicably through mutual discussions.
   • If an amicable solution is not reached within thirty (90) days from the date one Party notifies the other Party of the dispute, the matter shall proceed to arbitration as outlined below.
2. Arbitration
   • Any dispute that remains unresolved through mediation shall be referred to arbitration.
   • The arbitration will be conducted by a sole arbitrator appointed by the Firm.
   • The arbitrator’s decision will be final and binding on all Parties.
   • Seat of Arbitration: Jalpaiguri, West Bengal, India.
   • Language: The proceedings will be conducted in either Bengali, or Hindi or English. 
   • Costs: Each Party shall bear its own costs, unless otherwise directed by the arbitrator.

Third-Party Services

Integration with Third-Party Tools

The software may integrate with third-party tools, applications, or services to enhance functionality and user experience. These integrations are provided for your convenience and may include, but are not limited to: 

• Analytics tools
• Payment gateways
• Communication platforms
• Other external services

Limitation of Liability

While we strive to partner with reputable third-party providers, the Company:

• Does not endorse or guarantee the performance, reliability, or availability of these third-party tools and services.
• Shall not be held liable for any errors, data breaches, losses, or damages arising from the use or malfunction of these third-party services.

Data Handling Practices

The handling of your data by third-party tools is governed by their respective privacy policies and terms of service. The Company does not assume responsibility for:

• How third-party services collect, process, or store your data.
• Any disputes arising from your interaction with these services.

User Responsibility

By using third-party integrations within the software, you:

• Agree to abide by their terms and conditions.
• Acknowledge that your use of these services is at your own risk.

Changes or Discontinuation

The Company reserves the right to modify, replace, or discontinue any integration with third-party tools without prior notice.

This limitation applies to all third-party services accessible via links, embedded features, or any part of the software.

Updates and Maintenance

Software Updates

• The Company reserves the right to update, enhance, or modify the software periodically to improve functionality, introduce new features, or resolve issues.
• Updates may include, but are not limited to, bug fixes, security patches, performance enhancements, and feature additions.
• These updates may be applied automatically or require user intervention, depending on the nature of the update.

Scheduled Maintenance

• The Company may conduct scheduled maintenance to ensure optimal performance and reliability of the software.
• Users will be notified in advance of any planned downtime, including the expected duration of the maintenance period.

Unscheduled Maintenance

• In rare cases, the software may require unscheduled maintenance due to unforeseen technical issues or emergencies.
• During such instances, the Company will make reasonable efforts to notify users and restore services as quickly as possible.

Downtime and Service Availability

• While the Company strives to minimize downtime, it does not guarantee uninterrupted availability of the software.
• The Company is not liable for any damages or losses resulting from scheduled or unscheduled downtime.

User Responsibility During Maintenance

• Users are advised to save their work and log out of the system during scheduled maintenance periods to prevent data loss.

Acceptance of Updates

• By using the software, you acknowledge and agree that periodic updates and maintenance are essential for service enhancement and operational stability.
• Your continued use of the software constitutes acceptance of any modifications made during updates or maintenance.

Right to Modify or Discontinue Services

• The Company reserves the right to modify, suspend, or discontinue any part of the software or its features at any time, with or without notice, as part of updates or maintenance efforts.

Severability

If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable by a court or other authority of competent jurisdiction:

1. Remaining Provisions Remain Effective 
   • The validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
   • Each remaining provision shall continue to be valid and enforceable to the fullest extent permitted by law.
2. Modification may be Done to Preserve Intent
   • The invalid or unenforceable provision shall be deemed modified to the extent necessary to render it valid and enforceable.
   • Such modification will preserve the original intent, rights, and commercial expectations of the parties involved.
3. Reformation may be Done 
   • If modification is not possible, the parties agree that the unenforceable provision will be replaced by a valid and enforceable clause that comes as close as possible to the original intent and purpose of the provision.

Miscellaneous

1. Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of Jalpaiguri, West Bengal, India without regard to its conflict of law principles.

1. Third-Party Rights

The provisions of Indemnification) and Limitation of Liability are intended to benefit PathLIMS, its officers, directors, employees, agents, affiliates, Information Providers, and Suppliers. Each of these parties shall have the right to enforce such provisions directly against the user.

1. Non-Waiver

The failure of PathLIMS to insist upon strict performance of any provision of this Agreement or to exercise any rights shall not constitute a waiver of such provision or rights. The company retains the ability to assert or enforce such provisions or rights on any future occasion.

1. Assignment

PathLIMS reserves the right to assign its rights and obligations under this Agreement to any party at any time without prior notice. Upon such assignment, PathLIMS will no longer be held accountable for any obligations under this Agreement.

1. Notices

Any notice required or permitted under this Agreement shall be in writing and may be sent via:

• Post,
• Fax,
• Courier, or
• Email (including an electronic record attached to the email or sent to the user’s site message box).
  Notices shall be effective upon receipt at the addresses provided by the parties.

1. Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the services, responsibilities, and obligations described herein. It supersedes any prior oral or written agreements or understandings between the parties regarding these matters. Amendments to this Agreement may be made from time to time and will be binding upon both parties.

Support

1. Support Channels: PathLIMS provides customer support through the following channels:
   • Email: For assistance, you can contact us at [email protected]. 
   • Chat: Real-time assistance is available through our chat support platform, accessible via the Platform.
2. Response Time
   • Email Support: All email queries will be acknowledged within 48 business hours and resolved as earliest as possible in regards to availability of resources. 
   • Chat Support: Response times may vary, but most queries are addressed within 15 minutes during operational hours.
3. Hours of Operation
   • Support services are available from Monday to Friday, between 9:00 AM and 6:00 PM (IST).
   • Limited support is available on Saturdays and public holidays, depending on the nature of the query.
4. Contact Details
   • Address:
     Haria More, Malbazar, Jalpaiguri, 735221
   • Attention: Chief Executive Officer
   • Email: [email protected] 
5. Scope of Support: The support team is equipped to assist with, 
   • Technical issues related to the software.
   • Account-related inquiries.
   • Clarifications on features and functionalities.
6. Limitations: Support services are limited to resolving issues directly related to the software. For integration-related issues with third-party services or systems, users are encouraged to contact the respective third-party service provider.