Virkware Terms of Service

Effective February 1, 2021​

We have covered the following in these terms:
- what you can expect from us as you use our services, and 
- what we expect from you 

Firstly, we want to thank you for being our customer and for using our services! These Terms of Service help define our relationship with you as you interact with our services. We have organised these terms in sections to make it easy for you to understand them. 

By using our services, you are agreeing to these terms.

Virkware services are provided by, and you’re contracting with: 

Virkware Pte Ltd

organized under the laws of Singapore, and operating under the laws of Singapore

16 Siglap Link #01-24. Singapore 448872

These terms help define the relationship between you and Virkware. Broadly speaking, we give you permission to use our services if you agree to follow these terms. When we speak of “Virkware,” “we,” “us,” and “our,” we mean Virkware Pte Ltd and its affiliates.

We are committed to ensure that our Service is always available but we do not guarantee that the use of our Service would be uninterrupted. There could be interruption due to maintenance, repairs, upgrades, network or equipment failure. You understand this.We’re constantly developing new features and updating existing features to improve our services. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones.If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice and an opportunity to export your content from your Virkware Account, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.We integrate with third party APIs and software so that our customers would have a seamless experience. Any issues or loss arising from the use of these third party APIs or software is governed by the terms of service and privacy policy of that software. We would not be responsible for such issues or losses.

Follow these terms and service-specific additional terms

You must be 13 years or older to use this Platform. If you are between the ages of 13 and 18 then you must have parent assist in registering for an account in the Service. 

You must be a human. Accounts registered by ‘bots’ or other automated methods are not permitted. 

You must provide truthful, accurate and up to date information on your legal name, the legal name of your business, photo of business logo, a valid email address, photo of yourself, mobile number, documents, business address and any other information that is required to complete the sign up process or the use of the Service. 

You are responsible for maintaining the security of your password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You will be solely responsible and liable for any activity that occurs within your account. In the event of any dispute between two or more parties about account ownership, you agree that we will be the sole arbiter of such dispute and our decision is final. 

You must not use the Platform for any abusive or illegal purposes. You must not violate any applicable federal, state, or international law while using the Service. 

You agree not to share your account with others or have a single login shared by multiple people. If we detect this, we may treat this as a security breach and suspend or terminate your account. 

The permission we give you to use our services continues as long as you meet your responsibilities in these terms. Although we give you permission to use our services, we retain any intellectual property rights we have in the services.You will not: (a) reproduce, modify, adapt or create derivative works of our services; (b) rent, lease, distribute, sell, sublicense, transfer or provide access to the services to a third party; (c) use the services for the benefit of any third party; (d) incorporate our services into a product or service you provide to a third party; (e) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any services, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (f) use our services for competitive analysis or to build competitive products; (g) publicly disseminate information regarding the performance of the services; or (j) encourage or assist any third party to do any of the foregoing. 

Respect others
Our services allow you to interact with others. We want to maintain a respectful environment for everyone, which means you must follow these basic rules of conduct:
- comply with applicable laws, including export control, sanctions, and human trafficking laws
- respect the rights of others, including privacy and intellectual property rights
- don’t abuse or harm others or yourself (or threaten or encourage such abuse or harm) — for example, by misleading, defrauding, defaming, bullying, harassing, or stalking othersdon’t abuse, harm, interfere with, or disrupt the services

If you find that others aren’t following these rules, our services allow you to report abuse.

​Permission to use your content
Our services are designed to let you upload, submit, store, send, receive, or share your content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.

Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission.We need your permission if your intellectual property rights restrict our use of your content. You provide Virkware with that permission through this license. 

What’s covered
This license covers your content if that content is protected by intellectual property rights. 

What’s not covered
This license doesn’t affect your privacy rights — it’s only about your intellectual property rights
This license doesn’t cover these types of content:
- publicly-available factual information that you provide. That information doesn’t require a license because it’s considered common knowledge that everyone’s free to use.
- feedback that you offer, such as suggestions to improve our services. 

This license is:
- worldwide, which means it’s valid anywhere in the world
- non-exclusive, which means you can license your content to others 

This license allows Virkware to:
1) host, reproduce, distribute, communicate, and use your content — for example, to save your content on our systems and make it accessible from anywhere you go
2) publish, publicly perform, or publicly display your content within your organization, if you’ve made it visible to others
3) modify and create derivative works based on your content, such as reformatting or translating it
4) sublicense these rights to:
4a) other users to allow the services to work as designed, such as enabling you to share documents photos with people you choose
4b) our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the purpose section below 

This license is for the limited purpose of:
1) operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content:
1a) for spam, malware, and illegal content
1b) to recognize patterns in data, such as determining when to suggest a new virk
1c) to customize our services for you, such as providing recommendations of virks, candidates
2) this analysis occurs as the content is sent, received, and when it is stored.
3) developing new technologies and services for Virkware consistent with these terms 

This license lasts for as long as your content is protected by intellectual property rights.
If you remove from our services any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions:
- If you already shared your content with others before removing it. For example, if you shared a document with a colleague who then made a copy of it, or shared it again, then that document may continue to appear in your firm’s Virkware space even after you remove it from your Virkware Account. 

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.​

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.