Terms of Service

NarcCount is a reconciliation and recordkeeping tool for controlled substances. It calculates expected on-hand quantities from the purchase, dispensing, destruction, and physical-count records you provide, flags variances for you to investigate, and produces reports and reminders to keep your reconciliation process organized and on schedule. It can also count tablets from a photo and offer AI-written notes about a variance. TabCount AI is the photo counter on its own.

NarcCount complements the systems and professional judgment you already rely on — it does not replace them. Your dispensing software remains your system of record for dispensing and is what reports to any prescription monitoring program (in Ontario, the Narcotics Monitoring System, or NMS, in real time); NarcCount does not report to one, and you and your team still perform the physical counts and decide how to act on a variance.

You remain responsible for the accuracy of the data you enter and for meeting your own professional and regulatory obligations. In Ontario, those include reconciling your narcotics and controlled substances at least every six months as the Ontario College of Pharmacists (OCP) expects, and reporting any loss or theft of a controlled substance to Health Canada’s Office of Controlled Substances within the required timeline (generally 10 days of discovery) under the Controlled Drugs and Substances Act (CDSA). Elsewhere, your own regulator’s rules apply: in Florida, for example, those of the Board of Pharmacy and the DEA. NarcCount gives you a clear, auditable picture to work from; it does not by itself achieve regulatory compliance or any particular inspection outcome, and nothing in the Service is legal or professional advice.

Reminders are a convenience. A reminder that is late or does not arrive does not change your duty to count and report on time.

The photo counter, AI notes and other automated suggestions in the Service are a guide, not a fact. They can be wrong, including when they look certain. You must check every count yourself before you save, dispense or record it. You are responsible for every quantity you count, dispense or record, and any number, cause or record you save is yours.

To the maximum extent permitted by law, we accept no responsibility for a count or suggestion from the photo counter or our AI, for the result of any count or reconciliation, for adjustments you make to inventory levels, or for data you or your team change.

You can connect the Service to other systems you use, such as your dispensing software or a previous reconciliation tool, by installing our read-only agent or by authorizing us to bring your own records over from that system. When you do, you confirm that you are authorized to give us that access and that doing so is allowed under your agreement with that vendor, and you authorize us to connect and read your records on your behalf for that purpose.

Your agreement with that vendor stays between you and them. We do not control those systems, and we are not responsible if a vendor changes, limits or stops access, or if what it gives us is incomplete. Our Privacy Policy explains how we handle that access.

• You are responsible for safeguarding your credentials and for all activity under your account, whether or not you authorized it. If a login is lost or stolen, or you think someone else got in, tell us right away.
• Invite only people authorized to access your pharmacy’s controlled-substance records.
• NarcCount tracks inventory, not patients — please do not upload patient names or other patient health information, including on labels in photos. See our Privacy Policy for what we hold.
• Do not resell the Service, or use one subscription for locations you have not paid for.
• Do not use the Service unlawfully, infringe others’ rights, or attempt to disrupt, reverse-engineer, scrape, or gain unauthorized access to it or its underlying systems.

Paid plans are billed monthly or annually as shown on our Pricing page or on the sign-up page for your product. Prices are in the currency shown when you sign up: Canadian dollars (CAD) for Canadian pharmacies and US dollars (USD) for US pharmacies. Unless your invoice says otherwise, prices exclude tax; applicable GST/HST (and any other sales tax) is added at your location’s rate and shown on your invoice. There are no setup fees and no long-term contracts.

Subscriptions renew automatically — monthly plans each month, annual plans on the anniversary of your start date — and the then-current fee plus tax is charged to your payment method on file until you cancel. If your card is replaced or updated, we may charge the new one. Annual plans are charged once at the start of each 12-month term. For each charge we email an itemized receipt showing the tax charged, which you can keep for your records.

You may cancel at any time with no cancellation penalty; your plan simply will not renew, and you keep access through the end of the period you have already paid for. Fees already paid are non-refundable, and annual plans are not prorated on early cancellation, except where these Terms say otherwise or applicable law requires it.

If a payment fails, we will try to notify you and re-charge over a short grace period, during which your account may become read-only — you can always export your records. Except for a chargeback (see below), we will give advance notice before suspending or closing an account for non-payment, and a final opportunity to export your data first. Overdue amounts bear interest at 1.5% per month, not compounded (18% per year), and you pay our reasonable costs of collecting them, including legal fees.

If you think a charge is wrong, please contact us first and we will look into it. A chargeback or card dispute that we did not agree to counts as non-payment: we may suspend or limit your account right away, and you owe the disputed amount, the fee our payment processor charges us, a $100 administration fee in your billing currency, and our reasonable collection costs. This does not apply to a charge that was genuinely unauthorized or that we got wrong.

We may change subscription fees, but never during a term you have already paid for; changes take effect at your next renewal, and we will give at least 30 days’ notice by email so you can cancel beforehand.

Switching from another tool? You can bring your history with you — see how migration works.

The records you upload remain yours (“Customer Data”), and you confirm that you have the right to give them to us. You grant us a licence to host and process Customer Data to provide and support the Service, and to improve our products and help where we can, including training our own models (among them our own pill counter, trained on tray photos), as described in our Privacy Policy, which also says how to opt out of your tray photos being used for that. We may also create and share statistics that do not identify you, your pharmacy or any patient. What we have already learned this way, such as a trained model or those statistics, may stay after you leave. We do not sell Customer Data or use it for advertising, and you can export it at any time, including if you decide to leave.

We (and our licensors) retain all rights in the Service itself — the NarcCount and TabCount AI software, design, interfaces, documentation, and trademarks. Nothing in these Terms transfers ownership of the Service to you; you receive only a non-exclusive, non-transferable right to use it for your pharmacy during your subscription. If you send us ideas or feedback, we may use them without owing you anything.

You agree to indemnify and hold harmless us, our affiliates, and our and their owners, directors, officers, employees and contractors from third-party claims, and from losses and reasonable costs (including legal fees), arising out of your Customer Data, your connecting another system to the Service, your use of the Service in breach of these Terms or applicable law, or your upload of patient health information in breach of the acceptable-use terms above. We will give you prompt notice of any such claim and reasonable cooperation in its defence.

You may stop using the Service and cancel at any time. We may suspend or terminate access for non-payment or for a material breach of these Terms (including the acceptable-use terms), where practicable after notice and an opportunity to cure. We may suspend a user or an account right away, with or without notice, if we reasonably believe it has been compromised or puts the Service, other users or anyone’s legal rights at risk.

When your account ends, you can export your Customer Data for 90 days after your paid or trial access ends. After that we may delete it, subject to any retention required by law, and we have no duty to keep it for you. You are responsible for keeping your own copy for as long as the law requires you to keep your records; the Service is not your legal archive.

We work hard to keep NarcCount accurate and dependable, and the calculations are only ever as good as the records you provide. To the fullest extent permitted by applicable law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied conditions or warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the Service will be uninterrupted or error-free, or that any count, note, reminder or report will be correct or delivered.

If something in the Service is not working, tell us within 30 days and we will try to fix it; if we cannot within a reasonable time, we will credit the fees for the affected period. To the maximum extent permitted by law, that is your only remedy for a problem with how the Service performs.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service — whether in contract, tort (including negligence), or otherwise — is limited to the greater of the fees for three months of your subscription at the rate in effect when the event giving rise to the claim happened, or $100 in your billing currency. We are not liable for indirect, incidental, special, consequential, or punitive damages, for lost profits, data, or goodwill, or for regulatory fines, penalties, inspection outcomes or professional discipline, even if caused by our negligence and even if we were told they were possible.

These protections also cover our affiliates and our and their owners, directors, officers, employees and contractors, and we agree to them on those people’s behalf. Any claim against us must be started within one year after you knew or should have known about it, which shortens the limitation period that would otherwise apply; where the law that applies does not allow that period to be shortened by agreement (for example, article 2884 of the Civil Code of Québec), the period that law sets applies instead. Nothing in these Terms limits liability that cannot be excluded or limited under applicable law (for example, liability for fraud or for death or personal injury caused by negligence and, where the Civil Code of Québec applies, liability for bodily or moral injury or for material injury caused by an intentional or gross fault, as its article 1474 provides), and these limits do not apply to your payment obligations or to your indemnity above.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. Please contact us first, at support@narccount.ca or by mail at 1001544035 Ontario Incorporated, c/o Canadian Website Designs Inc., 2967 Dundas St W #718, Toronto, ON M6P 1Z2, Canada, so that you and we can try in good faith to resolve any dispute informally.

If you and we cannot resolve a dispute arising out of or relating to these Terms or the Service within 30 days, it will be finally decided by confidential, binding arbitration in Ontario, under Ontario’s Arbitration Act, 1991, before one neutral arbitrator. The arbitration is conducted in English or, if the Customer is located in Quebec and asks for it, in French. You and we will choose the arbitrator together; if you and we cannot agree within 30 days, either party may ask an Ontario court to appoint one. Each party pays its own costs and half of the arbitrator’s fees, unless the arbitrator decides otherwise.

To the extent the law allows, you and we may each bring claims only on our own behalf, not as a member of a class or any other group proceeding, and you give up any right to start or join one.

Either party may still bring a claim that is within its limit in Ontario’s Small Claims Court or in the small claims court where the other party is located, including a claim for unpaid fees, or ask a court for urgent orders to protect confidential information or intellectual property. Except for a claim in the small claims court where the other party is located, for those, and for anything to do with an arbitration, you and we submit to the exclusive jurisdiction of the courts located in Ontario.

• Whole agreement. These Terms, our Privacy Policy, your invoices and any written offer we made you are our whole agreement, and they replace earlier proposals, emails and conversations. You confirm you did not rely on any statement that is not in them, including one made in a sales email, in a demo, or by our support staff or AI support agent.
• Events beyond our control. Neither of us is responsible for a delay or failure caused by something beyond reasonable control, such as an outage at a hosting or internet provider, a change or shutdown by a vendor we rely on, a cyberattack, a natural disaster, a labour dispute or a government order. This does not excuse paying fees that are due.
• Transfers. You may not transfer your account or these Terms without our written consent, which we will not unreasonably refuse if you sell your pharmacy. We may transfer them to an affiliate, or as part of a sale, merger or reorganization of our business.
• Email. We send service email, such as billing, security, renewal and downtime notices and the reminders you set up, and you cannot opt out of it while you have an account. You can unsubscribe from marketing email at any time.
• If part of these Terms fails. If a court or arbitrator finds any part (including a fee, a rate or a time limit) unenforceable, that part is limited as far as needed to make it enforceable and the rest stays in force. To the extent the law allows, no part is read against us because we wrote it, and not enforcing a term once does not waive it.
• Language. These Terms and our Privacy Policy are published in English and in French (version française). Both versions are equally authoritative; if they differ, the version you accepted governs, to the extent the law allows. If you accept the English version, you confirm that it is your express wish that these Terms and all related documents, including invoices, receipts and notices, be drawn up in English only. Si vous acceptez la version anglaise, vous confirmez votre volonté expresse que les présentes Conditions et tous les documents qui s’y rattachent, y compris les factures, les reçus et les avis, soient rédigés en anglais seulement.
• Our relationship. We are independent businesses. Nothing here creates a partnership, employment or agency between us.

We may update these Terms. If a change is material, we will give you at least 30 days’ notice by email or in the app before it takes effect, so you can cancel first if you do not accept it. Other changes are shown by the “last updated” date. Your continued use of the Service after a change takes effect means you accept the updated Terms.

Questions about these Terms? Email support@narccount.ca. Our AI support agent may answer first, and a person on our team follows up on anything it cannot answer. You may also want to read our Privacy Policy and Security page.