Using Virkware services
Your Virkware Account
Our services require that you have a Virkware Account in order to work.You’re responsible for what you do with your Virkware Account, including taking reasonable steps to keep your Virkware Account secure.To use our services on behalf of an organization, you will need to follow any additional rules your organization requires you to.
Service-related communications
To provide you with our services, we sometimes send you service announcements and other information.If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.
Content in Virkware services
Virkware content - Some of our services include content that belongs to Virkware — for example, templates that can be used to launch new virks. You may use Virkware’s content as allowed by these terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices.
Other content - Finally, some of our services give you access to content that belongs to other people or organizations. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and don’t necessarily reflect Virkware’s views.
In case of problems or disagreements
Warranty - We provide our services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.
Disclaimers - The only commitments we make about our services (including the content in the services, the specific functions of our services, or their reliability, availability, or ability to meet your needs) are (1) described in the Warranty section, or (2) provided under applicable laws. We don’t make any other commitments about our services.And unless required by law, we don’t provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Liabilities: For all users - These terms only limit our responsibilities as allowed by applicable law. Specifically, these terms don’t limit Virkware’s liability for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct. Other than the rights and responsibilities described in this section (In case of problems or disagreements), Virkware won’t be responsible for any other losses, unless they’re caused by our breach of these terms.
Liabilities: For business users and organizations only - If you’re a business user or organization, then to the extent allowed by applicable law:
1) You’ll indemnify Virkware and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
2) Virkware won’t be responsible for the following liabilities:
2a) loss of profits, revenues, business opportunities, goodwill, or anticipated savings
2b) indirect or consequential loss
2c) punitive damages
3) Vrikware’s total liability arising out of or relating to these terms is limited to the greater of (1) US$500 or (2) 100% of the fees that you paid to use the relevant services in the 12 months before the breach
if you’re legally exempt from certain responsibilities, including indemnification, then those responsibilities don’t apply to you under these terms. For example, the United Nations enjoys certain immunities from legal obligations and these terms don’t override those immunities.
Taking action in case of problems - Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:
- cause harm or liability to a user, third party, or Virkware
- violate the law or a legal enforcement authority’s order
- compromise an investigation
- compromise the operation, integrity, or security of our services
Removing your content - If we reasonably believe that any of your content (1) breaches these terms, (2) violates applicable law, or (3) could harm our users, third parties, or Virkware, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, and content that infringes someone else’s intellectual property rights.
Suspending or terminating your access to Virkware services - Virkware reserves the right to suspend or terminate your access to the services or delete your Virkware Account if any of these things happen:
- you materially or repeatedly breach these terms
- we’re required to do so to comply with a legal requirement or a court order
- we reasonably believe that your conduct causes harm or liability to a user, third party, or Virkware — for example, by hacking, phishing, harassing, spamming, misleading others, or scraping content that doesn’t belong to you
If you believe your Virkware Account has been suspended or terminated in error, you can appeal.Of course, you’re always free to stop using our services at any time. If you do stop using a service, we’d appreciate knowing why so that we can continue improving our services.
Settling disputes, governing law, and courts- For information about how to contact Virkware, please visit our contact page. Singapore law will govern all disputes arising out of or relating to these terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Singapore, and you and Virkware consent to personal jurisdiction in those courts.
About these terms
By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights. These terms describe the relationship between you and Virkware. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.We want to make these terms easy to understand, so we’ve used examples from our services. But not all services mentioned may be available in your country.If it turns out that a particular term is not valid or enforceable, this will not affect any other terms. If you don’t follow these terms, and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future. We may update these terms (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. If we materially change these terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove your content and stop using the services. You can also end your relationship with us at any time by closing your Virkware Account. You represent and warrant that you have the full right and power to enter into and fully perform this agreement in accordance with these Terms of Service regardless whether you are a paying or non-paying user. If you are using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and in such event, ‘You’ will refer and apply to that company or other legal entity.
Definitions.
Certain terms are defined in this section, and others are defined contextually in these Terms.
“Affiliate” An entity that belongs to the Virkware group of companies, which means Virkware Pte Ltd and its subsidiaries.
“Business user” An individual or entity who is not a consumer (see consumer).
“Consumer” An individual who uses Virkware services for personal, non-commercial purposes outside of their trade, business, craft, or profession.
“Feedback” means comments, questions, ideas, suggestions or other feedback relating to the services.
“Indemnify” or “Indemnity” An individual or organization’s contractual obligation to compensate the losses suffered by another individual or organization from legal proceedings such as lawsuits.
“Intellectual Property Rights” Rights over the creations of a person’s mind, such as inventions (patent rights); literary and artistic works (copyright); designs (design rights); and symbols, names, and images used in commerce (trademarks). IP rights may belong to you, another individual, or an organization.
“Liability” Losses from any type of legal claim, whether the claim is based on a contract, tort (including negligence), or other reason, and whether or not those losses could have been reasonably anticipated or foreseen.
“Organization” A legal entity (such as a corporation, non-profit, or school) and not an individual person.
“Services” means our hosted or cloud-based solutions, including any client software we provide.
“Virkware Account” means an account established by you to use or access our services.
“Warranty” An assurance that a product or service will perform to a certain standard.
“Your Content” means any data, content, code, video, images or other materials of any type that you submit to our services. In this context, “submit” (and any similar term) includes submitting, uploading, transmitting or otherwise making your content available to the services.
