DISCLAIMER

Last Updated: January 1, 2025

1. PURPOSE OF THIS DISCLAIMER

This Disclaimer supplements the Wellys Pharma Terms of Service and Privacy Policy. By accessing or using the Wellys Pharma software platform ("Service" or "Software"), you acknowledge and agree to all disclaimers set forth below.

2. NOT A MEDICAL DEVICE

2.1 No Medical Purpose

THE SERVICE IS NOT A MEDICAL DEVICE AND IS NOT INTENDED FOR ANY MEDICAL OR CLINICAL PURPOSE.

Wellys Pharma is strictly a business operations and inventory management tool. The Software:

• Does NOT provide medical advice, diagnosis, or treatment
• Does NOT handle medical prescriptions or prescription processing
• Does NOT track controlled substances or provide regulatory compliance tools
• Does NOT offer dosage recommendations or clinical guidance
• Is NOT intended for use in patient care or clinical decision-making
• Is NOT a substitute for professional medical judgment or expertise

2.2 No Medical Advice

No content, feature, or output of the Service should be construed as medical advice. The Company does not employ medical professionals, and the Software is not designed, tested, or certified for medical use.

2.3 Prohibited Medical Use

YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICE FOR ANY MEDICAL PURPOSE, INCLUDING BUT NOT LIMITED TO:

• Making clinical decisions affecting patient health
• Determining drug dosages or treatment plans
• Diagnosing medical conditions
• Prescribing medications
• Providing pharmaceutical care or counseling

Any medical use of the Service is undertaken entirely at your own risk and in violation of these terms.

2.4 Professional Responsibility

Pharmacists and healthcare professionals using the Service remain fully and solely responsible for:

• Compliance with all applicable pharmacy laws and regulations
• Verification of all medication information and inventory data
• Exercise of independent professional judgment
• Patient safety and pharmaceutical care
• Dispensing accuracy and regulatory compliance

The Service does not relieve users of any professional, ethical, or legal obligations.

3. "AS IS" AND "AS AVAILABLE" DISCLAIMER

3.1 No Warranties

THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY MOROCCAN LAW, WELLYS PHARMA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Warranties of fitness for a particular purpose
• Warranties of non-infringement
• Warranties of accuracy, reliability, or correctness
• Warranties of title or quiet enjoyment
• Warranties arising from course of dealing or usage of trade

3.2 No Guarantee of Results

We make no representations or warranties that:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained from the Service will be accurate, complete, or reliable
• Defects, bugs, or errors will be corrected
• The Service is suitable for your particular business needs
• Data stored in the Service will be preserved or accessible

3.3 Use at Your Own Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. You assume full responsibility for evaluating the suitability, accuracy, and reliability of the Service.

4. LIMITATION OF LIABILITY

4.1 Maximum Liability

TO THE FULLEST EXTENT PERMITTED BY MOROCCAN LAW, THE TOTAL LIABILITY OF WELLYS PHARMA FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

4.2 Exclusion of Consequential Damages

WELLYS PHARMA SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, punitive, or consequential damages
• Loss of profits, revenue, sales, or business opportunities
• Loss of data, information, or business records
• Business interruption or operational delays
• Loss of goodwill or reputation
• Inventory errors, stock discrepancies, or supply chain failures
• Over-ordering, under-ordering, or stock-outs
• Expired or damaged inventory
• Pricing errors or financial miscalculations
• Regulatory fines, penalties, or sanctions
• Professional liability or malpractice claims
• Third-party claims or liabilities
• Damages arising from reliance on the Service

This exclusion applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if Wellys Pharma has been advised of the possibility of such damages.

4.3 No Liability for Data Loss

THE COMPANY SHALL BEAR ABSOLUTELY NO LIABILITY FOR ANY LOSS, CORRUPTION, DELETION, OR UNAVAILABILITY OF CUSTOMER DATA, REGARDLESS OF CAUSE.

This includes but is not limited to:

• Hardware or software failures
• Cyberattacks, hacking, or security breaches
• Human error or accidental deletion
• Service termination or account suspension
• Force majeure events
• Technical errors or system malfunctions

4.4 No Liability for Business Decisions

The Company is not liable for any business decisions, actions, or strategies based on data, reports, analytics, or information provided by the Service.

You are solely responsible for:

• Verifying all data and information
• Making independent business judgments
• Conducting due diligence before relying on Service outputs
• Implementing appropriate business controls and safeguards

4.5 No Liability for Regulatory Compliance

THE COMPANY PROVIDES NO GUARANTEES THAT USE OF THE SERVICE ENSURES COMPLIANCE WITH ANY LAWS, REGULATIONS, OR INDUSTRY STANDARDS.

You are solely responsible for:

• Understanding and complying with all applicable pharmacy laws and regulations
• Obtaining necessary licenses, permits, and authorizations
• Maintaining regulatory compliance
• Responding to regulatory audits or inquiries
• Ensuring that your use of the Service complies with professional standards

The Company shall not be liable for any regulatory violations, fines, penalties, or enforcement actions arising from your use of the Service.

5. ACCURACY AND RELIABILITY DISCLAIMER

5.1 No Guarantee of Accuracy

The Company makes no representations or warranties regarding the accuracy, completeness, or reliability of:

• Inventory data or stock levels
• Product information or descriptions
• Pricing information
• Sales reports or analytics
• Financial calculations or summaries
• System-generated recommendations or alerts

5.2 User Verification Responsibility

YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ALL DATA, CALCULATIONS, AND INFORMATION BEFORE RELYING ON IT FOR BUSINESS DECISIONS.

Do not rely solely on the Service for critical business operations without implementing independent verification procedures.

5.3 Third-Party Data

The Service may integrate with or display data from third-party sources. The Company makes no representations regarding the accuracy or reliability of such third-party data and bears no liability for errors or omissions.

6. SERVICE AVAILABILITY DISCLAIMER

6.1 No Uptime Guarantee

THE COMPANY PROVIDES NO SERVICE LEVEL AGREEMENT (SLA) AND MAKES NO GUARANTEES REGARDING SERVICE AVAILABILITY OR UPTIME.

The Service may be unavailable due to:

• Scheduled maintenance
• Unscheduled technical issues
• Server failures or outages
• Network connectivity problems
• Cyberattacks or security incidents
• Force majeure events

6.2 Right to Modify or Discontinue

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice or liability.

6.3 No Compensation for Downtime

The Company shall not provide refunds, credits, or compensation for Service downtime, interruptions, or unavailability.

7. SECURITY DISCLAIMER

7.1 No Absolute Security

Despite implementing industry-standard security measures, the Company cannot guarantee absolute security of data or systems.

YOU ACKNOWLEDGE THAT:

• No transmission method or storage system is completely secure
• Cyberattacks and security breaches are an inherent risk of internet-based services
• Unauthorized access to data may occur despite security measures
• The Company cannot prevent all security threats or vulnerabilities

7.2 No Liability for Security Incidents

The Company shall not be liable for:

• Data breaches or unauthorized access
• Cyberattacks, hacking, or malware infections
• Loss or theft of data
• Identity theft or fraud
• Security vulnerabilities or exploits

8. THIRD-PARTY DEVELOPER DISCLAIMER

8.1 Independent Development

The Software was developed by an independent freelance developer who is not a party to your agreement with Wellys Pharma.

8.2 Zero Developer Liability

THE FREELANCE DEVELOPER BEARS ABSOLUTELY NO LIABILITY FOR:

• Software operation, performance, or availability
• Bugs, errors, defects, or vulnerabilities
• Data loss, corruption, or security breaches
• Business losses or damages
• Regulatory compliance failures
• Any claims arising from use of the Software

8.3 Termination of Developer Obligations

All developer obligations definitively ended on January 1, 2025. After this date, the developer has no duties, responsibilities, or exposure to liability of any kind.

8.4 No Developer Support or Maintenance

The developer provides no support, maintenance, updates, or services related to the Software. All inquiries must be directed to Wellys Pharma.

9. CUSTOMER RESPONSIBILITIES DISCLAIMER

9.1 Independent Data Collection

The Company is not responsible for:

• How Customers collect, use, or process personal data
• Customer compliance with data protection laws (including Moroccan Law 09-08)
• Consents and legal bases obtained by Customers for data processing
• Customer relationships with their employees or clients

9.2 No Legal or Compliance Advice

THE COMPANY DOES NOT PROVIDE LEGAL, REGULATORY, OR COMPLIANCE ADVICE.

Content in the Service, documentation, or communications from Company representatives should not be construed as legal advice. You should consult qualified legal counsel regarding compliance obligations.

10. CROSS-BORDER DATA TRANSFER DISCLAIMER

10.1 Data Hosting Location

Customer Data is hosted on servers located in Germany (European Union), outside of Morocco.

By using the Service, you consent to cross-border data transfer and acknowledge that:

• Data protection laws in the EU may differ from Moroccan law
• The Company makes no warranties regarding the adequacy of EU data protection
• Cross-border transfers involve inherent legal and security risks
• You are solely responsible for ensuring lawfulness of such transfers

11. LINKS AND INTEGRATIONS DISCLAIMER

11.1 Third-Party Links

The Service may contain links to third-party websites or services. The Company:

• Does not endorse or control third-party sites
• Is not responsible for third-party content, privacy practices, or terms
• Shall not be liable for any damages arising from use of third-party sites

11.2 Third-Party Integrations

If the Service integrates with third-party platforms:

• The Company makes no warranties regarding such integrations
• Integration functionality may change or cease without notice
• The Company is not liable for third-party service failures or changes

12. FORCE MAJEURE DISCLAIMER

The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, or weather events
• War, terrorism, civil unrest, or political instability
• Epidemics, pandemics, or public health emergencies
• Labor disputes or strikes
• Telecommunications or internet failures
• Cyberattacks or distributed denial-of-service attacks
• Governmental actions, regulations, or restrictions
• Power outages or infrastructure failures

13. NO RELIANCE

You acknowledge that you are not relying on any representations, warranties, or statements not expressly set forth in the written Terms of Service and related policies. Any oral or informal communications from Company representatives do not constitute binding commitments.

14. INDEMNIFICATION REMINDER

You agree to indemnify and hold harmless Wellys Pharma from all claims, damages, and expenses arising from your use of the Service. See the Terms of Service for full indemnification provisions.

15. GOVERNING LAW

This Disclaimer is governed by the laws of Morocco. Disputes shall be resolved pursuant to the dispute resolution provisions in the Terms of Service.

16. CHANGES TO THIS DISCLAIMER

The Company reserves the right to modify this Disclaimer at any time. Changes become effective upon posting or notification. Continued use constitutes acceptance of modifications.

17. SEVERABILITY

If any provision of this Disclaimer is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. CONTACT INFORMATION

For questions regarding this Disclaimer, contact:

Wellys Pharma
Email: contact@wellys.ma

ACKNOWLEDGMENT

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT:

1. You have read and understood this Disclaimer
2. You accept all risks associated with using the Service
3. You agree to all limitations of liability set forth herein
4. You will not use the Service for medical or clinical purposes
5. You are solely responsible for verifying all data and ensuring regulatory compliance
6. The Company bears no liability for data loss, business losses, or regulatory consequences

IF YOU DO NOT AGREE TO THESE DISCLAIMERS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE.