Terms of Service

These Terms of Service (“Terms”) govern access to and use of the StibaOS software platform, related documentation, and professional services. By signing up, signing in, or executing a Master Services Agreement (MSA), you agree to these Terms.

1. Definitions

• “Platform” — the StibaOS web application, API, and related modules (Quality, Manufacturing, Lab, Regulatory, etc.).
• “Tenant” — the legal entity that has signed up for or executed an MSA for StibaOS.
• “Authorized Users” — individuals the Tenant authorizes to access the Platform under its subscription.
• “Customer Data” — all data the Tenant and its Authorized Users create, upload, or generate via the Platform.
• “Audit Trail” — the immutable, cryptographically signed record of electronic actions required under 21 CFR Part 11 and Schedule M.

2. Eligibility & Account

StibaOS is intended for pharmaceutical manufacturers, contract manufacturing organizations (CMOs), and related regulated entities. The Tenant represents that it is a validly constituted legal entity under Indian law and that its Authorized Users are authorized to act on the Tenant’s behalf.

The Tenant is responsible for: (a) maintaining accurate account information, (b) assigning and revoking Authorized User access, (c) securing credentials and MFA, and (d) all activity conducted under its account.

3. License Grant

Subject to these Terms and active payment of subscription fees, StibaOS grants the Tenant a non-exclusive, non-transferable, revocable right to access and use the Platform for its internal business operations during the subscription term.

Reverse engineering, reselling, white-labeling, training competing products on Customer Data, or using the Platform to provide a competing service is prohibited.

4. Customer Data & Obligations

The Tenant retains all rights, title, and interest in Customer Data. StibaOS processes Customer Data as a processor.

• The Tenant warrants that it has lawful basis to process personal data it uploads.
• The Tenant is responsible for input accuracy, classification, and approval workflows within the Platform.
• StibaOS does not review Customer Data content and is not liable for the Regulatory implications of data entered by Authorized Users.
• The Tenant must not upload data unrelated to its pharmaceutical operations.

5. Electronic Signatures & Audit Trail

The Platform supports 21 CFR Part 11 compliant electronic signatures and audit trail features. The Tenant acknowledges that:

• Electronic signatures applied within the Platform carry the same intent as handwritten signatures to the extent permitted under the Information Technology Act, 2000.
• The Tenant is responsible for identity verification, role assignment, and signature meaning configuration within the Platform.
• The Audit Trail cannot be edited or deleted by Tenant users or by StibaOS administrative staff; integrity is cryptographically verified.
• Where local regulation requires wet-ink signatures (e.g., certain CDSCO filings), the Tenant must not rely solely on the Platform’s electronic signatures.

6. Service Availability

Production deployments target 99.5% uptimeper calendar month, excluding: (a) scheduled maintenance notified at least 72 hours in advance, (b) force majeure events, (c) internet or power issues on the Tenant’s side, and (d) issues caused by Tenant configuration or third-party services the Tenant integrates.

Service credits for breach of the uptime SLA are calculated per the executed MSA (typically 10% of monthly fee per 1% of qualifying downtime, capped at 50% in a billing period).

7. Fees, Taxes & Payment

• Fees, billing cycle, and currency are specified in the executed MSA or order form.
• All fees are exclusive of applicable taxes. Goods and Services Tax (GST) is charged per the applicable rate and is paid by the Tenant.
• Invoices are due within 30 days of issuance unless otherwise agreed. Late payment may suspend access after 15 days’ written notice.
• Refunds, if any, are governed by the executed MSA.

8. Confidentiality

Each party agrees to keep the other’s Confidential Information (including Customer Data, pricing, roadmap, security controls) confidential for the term of the agreement plus 3 years. Disclosure is restricted to employees, sub-processors, and regulators with a need-to-know.

9. Warranties & Disclaimers

StibaOS warrants that the Platform will materially conform to its documentation and that it will use industry-standard security practices. The Tenant’s exclusive remedy for breach of these warranties is service credit or, at StibaOS’s option, refund of fees for the affected period.

Except as expressly stated, the Platform is provided “as is”. StibaOS does not warrant that the Platform will achieve any specific Regulatory outcome (e.g., Schedule M certification, CDSCO approval, audit pass). Regulatory compliance is the Tenant’s responsibility.

10. Limitation of Liability

To the maximum extent permitted by law, StibaOS’s aggregate liability for any claim arising out of these Terms is limited to the fees paid by the Tenant in the 12 months preceding the event giving rise to the claim. Neither party is liable for indirect, incidental, or consequential damages (including lost profits, regulatory penalties, or product recall costs).

11. Term & Termination

The subscription term is as specified in the executed MSA. Either party may terminate for material breach that is not cured within 30 days of written notice. StibaOS may suspend access immediately for: (a) non-payment beyond the notice period, (b) unlawful use, (c) security threat to other tenants, or (d) regulatory directive to the Tenant that requires StibaOS to freeze data.

Upon termination, the Tenant may export Customer Data for 60 days. Thereafter Customer Data is deleted from production systems within 30 days, with audit trail records retained per Regulatory requirements.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of India. The courts at Hyderabad have exclusive jurisdiction over disputes, subject to interim relief being sought in any competent court. Disputes are first referred to good-faith negotiation, then to arbitration under the Arbitration and Conciliation Act, 1996, with seat at Hyderabad and language English.

13. Changes to Terms

We may update these Terms with at least 30 days’ notice to Tenant administrators for material changes. Continued use after the effective date constitutes acceptance.

14. Contact

Legal inquiries: legal@stibaos.com. Commercial inquiries: contact page.