Terms of Service

1. Definitions

« Platform »

means the FieldOrchestrator software-as-a-service application and all associated APIs, mobile apps, and documentation.

« SaaS Deployment »

means the multi-tenant hosted version of the Platform operated by SymbioWave on Vercel and Supabase infrastructure (EU region).

« On-Premises Deployment »

means the single-tenant sovereign installation of the Platform running on Customer infrastructure under a separate license agreement.

« Customer Data »

means all data, content, and information submitted to the Platform by Customer, its Users, or its integrated systems, including HCP records, visit logs, and sales data.

« HCP »

means Healthcare Professional — a physician, pharmacist, or other licensed medical practitioner whose data may be stored in the Platform for commercial engagement purposes.

« Users »

means employees or agents of Customer authorised to access the Platform under Customer's account, including Reps, Managers, and Administrators.

2. Service Description & Deployment Models

FieldOrchestrator is an enterprise SFE platform providing territory planning, route optimisation (via OSRM/VROOM), HCP engagement tracking, visit management, sales analytics, and AI-assisted performance tools for pharmaceutical field forces.

2.1 SaaS (Cloud by SymbioWave)

SymbioWave hosts and operates the Platform. Customer Data is stored in a logically isolated tenant within SymbioWave's Supabase PostgreSQL instance (EU Central 1, Germany). SymbioWave acts as Data Processor under GDPR Article 28 and is responsible for platform availability, security patching, and sub-processor management.

2.2 On-Premises (Sovereign Deployment)

Customer installs the Platform on its own infrastructure via Docker Compose. All Customer Data remains exclusively within Customer's datacenter. SymbioWave does not access or process Customer Data directly. AI and routing capabilities are proxied through SymbioWave's Engine API using a per-deployment credential, transmitting only minimal function-call context. Customer is the Data Controller and sole data processor for all locally stored data. On-Premises deployments require a separate license agreement and are subject to additional terms provided at contract signature.

3. Account Registration & Access

To use the Platform, Customer must register an organisational workspace by providing an accurate company name, a unique workspace slug, and a valid corporate email address. Customer is responsible for all activities under its account and must: (a) maintain the confidentiality of account credentials; (b) immediately notify SymbioWave of any unauthorised access at security@symbiowave.com; (c) ensure Users comply with these Terms.

Each User account is personal and non-transferable. Role-based access controls (REP, MANAGER, ADMIN, READONLY) govern data visibility within the Platform. Customer administrators are responsible for provisioning and deprovisioning user accounts promptly upon personnel changes.

4. Acceptable Use

Customer shall not, and shall ensure Users do not:

• Store patient-identifiable health records (PHI) or Protected Health Information in the Platform, which is designed exclusively for commercial HCP engagement data;
• Use the Platform to conduct or facilitate any activity that violates applicable pharmaceutical marketing regulations (including ANSM, LEEM, EFPIA codes, and Sunshine Act reporting requirements);
• Attempt to reverse-engineer, decompile, or extract SymbioWave's proprietary algorithms (Priority Score scoring, Visit Impact Score indexing, OSRM routing configurations);
• Circumvent, disable, or interfere with any security, rate-limiting, or access control features;
• Upload malicious code or conduct any automated scraping, crawling, or load testing without prior written consent;
• Resell, sublicense, or provide Platform access to third parties not employed by Customer.

5. Data Processing & Privacy

The processing of personal data through the Platform is governed by SymbioWave's Privacy Policy, incorporated herein by reference. Where GDPR or other applicable data protection law applies, the parties agree to enter into a Data Processing Agreement (DPA) upon Customer's written request.

Customer is responsible for obtaining all necessary consents and legal bases for processing HCP personal data within the Platform, including names, contact details, geographic coordinates, and engagement records. Customer warrants that its use of the Platform complies with all applicable pharmaceutical data regulations in its jurisdiction.

6. Artificial Intelligence Features

FieldOrchestrator integrates AI capabilities powered by Anthropic Claude (haiku model by default). AI-generated outputs — including pre-call briefs, analytics summaries, and performance recommendations — are advisory only and do not constitute medical, legal, or commercial advice.

For SaaS deployments, minimal HCP context (last name only, specialty, engagement score) is transmitted to Anthropic's API to generate responses. Full HCP PII (address, phone, email, full name) is never sent to Anthropic. For On-Premises deployments, AI calls are proxied through SymbioWave's Engine API and Customer data never leaves Customer's infrastructure except for this minimal context.

Customer acknowledges that AI outputs may contain inaccuracies. Customer remains solely responsible for decisions made based on AI-generated content.

7. Intellectual Property

SymbioWave retains all intellectual property rights in the Platform, including its source code, algorithms (Priority Score, Visit Impact Score), routing configurations, design systems, and documentation. These Terms grant Customer a limited, non-exclusive, non-transferable right to access and use the Platform for its internal business purposes during the subscription term.

Customer retains all intellectual property rights in Customer Data. SymbioWave receives only the limited licence necessary to provide the Platform services. SymbioWave will not use Customer Data to train AI models or for any purpose other than service delivery.

8. Service Availability

SymbioWave targets 99.9% monthly uptime for SaaS deployments, excluding scheduled maintenance windows (communicated with minimum 48 hours' notice) and force majeure events. SLA credits, where applicable, are governed by the subscription agreement.

On-Premises deployments are installed on Customer infrastructure. SymbioWave provides software updates and Engine API availability but does not guarantee uptime for Customer-managed infrastructure.

9. Fees & Payment

New workspaces include a 14-day free trial with full platform access (3 field representatives + 1 manager). No credit card is required for the trial. Upon trial expiry, continued access requires a subscription or enterprise agreement.

Enterprise and On-Premises pricing is negotiated separately. All fees are exclusive of applicable taxes. Invoices are payable within 30 days of issuance unless otherwise agreed in writing. SymbioWave reserves the right to suspend access for overdue accounts after 15 days' written notice.

10. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidentiality obligations survive termination for a period of 5 years. This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known prior to disclosure; (c) is independently developed without use of confidential information; or (d) must be disclosed by law or regulatory order, provided that the disclosing party gives prompt written notice where legally permitted.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SYMBIOWAVE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE FEES PAID BY CUSTOMER TO SYMBIOWAVE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE THOUSAND EUROS (€1,000). THESE LIMITATIONS DO NOT APPLY TO EITHER PARTY'S GROSS NEGLIGENCE, WILFUL MISCONDUCT, OR FRAUD.

12. Indemnification

Customer shall indemnify, defend, and hold harmless SymbioWave and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) Customer's breach of these Terms; (b) Customer's violation of applicable law, including pharmaceutical marketing regulations; (c) Customer Data, including any claim that Customer Data infringes a third party's intellectual property rights or violates privacy law; or (d) Customer's use of the Platform in a manner not authorised by these Terms.

13. Term & Termination

These Terms commence on the date Customer creates a workspace and continue until terminated. Either party may terminate for convenience with 30 days' written notice. Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 15 days of written notice.

Upon termination: (a) Customer's access to the Platform is immediately revoked; (b) SymbioWave will make Customer Data available for export for 30 days post-termination upon written request; (c) after 30 days, SymbioWave will securely delete Customer Data from its systems, except where retention is required by law. On-Premises deployments retain data independently; Customer is responsible for data management post-contract.

14. Governing Law & Disputes

These Terms are governed by the laws of the Republic of Tunisia, without regard to its conflict of law provisions. The parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days before initiating formal proceedings. Any unresolved dispute shall be submitted to the exclusive jurisdiction of the courts of Tunis, Tunisia, unless mandatory consumer protection law in Customer's jurisdiction requires otherwise.

15. Changes to These Terms

SymbioWave may update these Terms from time to time. We will notify Customers of material changes by email to the registered admin address at least 30 days before the changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms. Customers who do not agree with updated Terms should terminate their workspace before the effective date.

16. Contact

For questions about these Terms, data processing agreements, or enterprise licensing: