Welcome to Virkware
Thank you for using Virkware. By accessing or using our websites, products or services, you agree to these Terms & Conditions (“Terms”). If you do not agree, do not use the relevant website or service.
When we refer to “Virkware”, “we”, “us” or “our”, we mean Virkware (Private Limited) and its affiliates. “You” means the individual using the services and, where applicable, the organisation on whose behalf that individual acts.
1. Service provider
Virkware products and services are provided by Virkware (Private Limited), organised and operating under the laws of Singapore.
2. Scope and customer agreements
These Terms apply to our public websites and to the use of Virkware products and services unless a separate agreement applies. If your organisation has entered into a written customer, subscription, order, data-processing or other agreement with Virkware, that agreement governs the relevant services and prevails to the extent of any conflict with these Terms.
If you use Virkware through an employer or another organisation, you must also follow that organisation’s policies and instructions. You confirm that you have authority to accept these Terms on behalf of any organisation you represent.
3. Accounts and access
Some services require an authorised Virkware account. You agree to:
- Provide accurate, current and complete information required for access.
- Keep your credentials confidential and take reasonable steps to secure your account and devices.
- Use only the account assigned to you and not allow credentials to be shared.
- Notify Virkware or your organisation promptly if you suspect unauthorised access.
- Meet any minimum-age, consent and eligibility requirements imposed by applicable law and your organisation.
You are responsible for activity conducted through your account except to the extent caused by Virkware’s breach of its obligations.
4. Acceptable use
You may use the services only for lawful, authorised purposes. You must not:
- Violate applicable law, another person’s rights or your organisation’s policies.
- Upload unlawful, harmful, misleading, discriminatory, abusive or infringing content.
- Harass, defame, impersonate, exploit or harm another person.
- Attempt to gain unauthorised access to accounts, systems, data or non-public parts of the services.
- Interfere with security, integrity, availability or normal operation of the services.
- Introduce malware, conduct phishing or spam, or use automated methods to scrape or overload the services.
- Reverse engineer, decompile, disassemble or seek to derive source code, algorithms or non-public interfaces, except where applicable law expressly permits this.
- Use the services to build or benchmark a competing product, or publicly disclose non-public performance information, without written permission.
- Rent, resell, sublicense, transfer or provide access to the services except as authorised in writing.
5. Your content
You retain ownership of intellectual property rights in information and materials you or your organisation submit to the services (“Your Content”). You are responsible for ensuring that you have the rights and permissions required to provide and use Your Content.
You grant Virkware a worldwide, non-exclusive licence to host, reproduce, transmit, format, display and otherwise process Your Content only as reasonably necessary to:
- Operate, secure, support and improve the services.
- Make content available to authorised users as configured by you or your organisation.
- Provide recommendations and other functionality described in the services.
- Comply with lawful instructions, contractual obligations and applicable law.
This licence continues for as long as needed to provide the services and meet permitted retention obligations. Removing content may not immediately remove it from backups, records required by law or copies already shared with authorised users.
6. Virkware content and intellectual property
Virkware and its licensors retain all rights in the services, software, designs, documentation, branding, templates and other materials supplied by Virkware. Subject to these Terms and any customer agreement, Virkware grants authorised users a limited, non-exclusive, non-transferable and revocable right to access and use the services for their intended internal purpose.
You must not remove or obscure proprietary notices, logos or legal notices. Content belonging to other users or organisations may be used only with their permission or as otherwise allowed by law.
7. Third-party services
Virkware may connect with third-party applications, APIs, content or services. Those third-party services may be governed by separate terms and privacy policies. Virkware is not responsible for third-party products or for issues arising from their independent operation, except where responsibility cannot lawfully be excluded or is expressly accepted in a written agreement.
8. Service availability and changes
We aim to provide reliable services but do not guarantee uninterrupted or error-free availability. Maintenance, upgrades, security events, network failures and circumstances outside reasonable control may affect access.
We may add, modify or remove features, introduce limits or discontinue services as our products evolve. Where a material change negatively affects a contracted service, notice and transition arrangements will be handled in accordance with the applicable customer agreement. In urgent legal, security or operational circumstances, advance notice may not be possible.
9. Communications and feedback
We may send service announcements, security notices and administrative communications needed to provide the services. Marketing communications are sent only where permitted and may be opted out of independently of essential service communications.
If you provide ideas, suggestions or other feedback, you allow Virkware to use that feedback without restriction or obligation, provided we do not identify you publicly without permission.
10. Suspension and termination
We may restrict, suspend or terminate access where reasonably necessary because of a material or repeated breach, unlawful conduct, security risk, harm to users or third parties, non-payment under an applicable agreement, or a legal or regulatory requirement.
Where reasonably possible, we will provide notice and an opportunity to address the issue unless doing so could cause harm, compromise security or an investigation, or conflict with law. Customer agreements may provide additional rights concerning suspension, termination and data export.
11. Warranties and disclaimers
Virkware provides its services using reasonable skill and care. Specific service commitments are limited to those expressly stated in these Terms, an applicable customer agreement or mandatory law.
To the fullest extent permitted by law, the services and website content are otherwise provided “as is” and “as available”. We disclaim implied warranties, including merchantability, fitness for a particular purpose and non-infringement, where such warranties may lawfully be excluded. Website content is general information and is not professional, legal, financial or employment advice.
12. Liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, gross negligence or wilful misconduct where applicable.
For business users and organisations, to the fullest extent permitted by law:
- Virkware is not liable for indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, business opportunities, goodwill, anticipated savings or data.
- Virkware’s aggregate liability arising out of or relating to these Terms is limited to the greater of US$500 or 100% of the fees paid for the relevant services during the 12 months preceding the event giving rise to the claim.
- You will indemnify Virkware and its directors, officers, employees and contractors against third-party claims, losses and reasonable costs arising from your unlawful use of the services, Your Content or a material breach of these Terms.
Any different liability allocation in an applicable customer agreement will prevail for that customer relationship.
13. Governing law and disputes
These Terms and disputes arising from them are governed by the laws of Singapore, without regard to conflict-of-laws principles. The courts of Singapore have exclusive jurisdiction, except where mandatory law requires otherwise or an applicable customer agreement specifies a different dispute process.
14. General terms
If any provision is held invalid or unenforceable, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver. These Terms do not create rights for any third party. You may not transfer your rights or obligations under these Terms without Virkware’s written permission; Virkware may transfer them as part of a reorganisation, financing, merger, acquisition or sale of business, subject to applicable law.
15. Changes to these Terms
We may update these Terms to reflect changes in our services, business, technology, legal obligations or security practices. We will publish the updated Terms and revise the effective date. Where required, we will provide additional notice of material changes. Continued use after the effective date constitutes acceptance to the extent permitted by law.
16. Contact us
For questions about these Terms, contact [email protected].
For privacy questions or requests, contact [email protected].
Virkware (Private Limited)
Singapore