Terms of Service Agreement for VirtuoSpark
This Agreement ("Agreement") establishes the terms between you or the represented entity (referred to as "you" or "your") and VirtuoSpark, governing your comprehensive use of the VirtuoSpark suite of online business productivity and collaboration software.
Sections of this Agreement:
This Agreement comprises the "General Terms" and, if applicable, the "Service Specific Terms". In case of a conflict, the Service Specific Terms take precedence.
Acceptance of the Agreement:
To accept this Agreement, you must be of legal age. By using our Services, you signify your agreement to the General Terms. If you disagree with the General Terms or any Service Specific Terms, refrain from using the corresponding Service.
Description of Service:
VirtuoSpark offers an extensive array of cloud software and applications for businesses, including offline and mobile applications ("Services"). These can be used for personal or business purposes, subject to the terms herein. Our commitment is to provide versatile tools that cater to your diverse needs in the realm of business productivity and collaboration.
Beta Service:
As part of our commitment to innovation, we may introduce certain Services as closed or open beta services for testing. Users are not obligated to subscribe to paid Services based on their use of Beta Services. This ensures that you have the opportunity to explore and evaluate cutting-edge features before they become commercially available.
Free Trial:
Upon registering for a free trial, VirtuoSpark provides Services without charge for a limited period. Data entered during the trial may be lost unless a paid subscription is initiated or data is exported before the trial ends. This trial period allows you to experience the full spectrum of our Services with no upfront financial commitment.
User Sign-up Obligations
To ensure a seamless and secure user experience, VirtuoSpark places importance on the accuracy of user information during sign-up. For organizational users, utilizing corporate contact details is recommended. This not only enhances the authenticity of user accounts but also facilitates efficient communication. We encourage organizations to designate competent individuals as administrators, responsible for configuring services according to specific requirements. The role of administrators is pivotal in managing end-users within the organizational account. Vigilance in maintaining confidentiality and promptly updating information demonstrates a commitment to the integrity and security of user accounts, fostering a trustworthy digital environment for collaborative endeavors.
Restrictions on Use:
In addition to the overarching terms of this Agreement, users shall refrain from transferring, sharing licenses, disassembling the Services, or engaging in activities harmful to VirtuoSpark's systems. This is to ensure the integrity and security of our Services.
Spamming and Illegal Activities:
Users are solely responsible for the content transmitted. Services should not be used for illegal, defamatory, or spam purposes. VirtuoSpark reserves the right to terminate accounts engaging in unauthorized or illegal activities. By maintaining a secure environment, we strive to foster responsible and ethical use of our Services.
Third-Party Applications:
Integration with third-party applications is subject to their terms. VirtuoSpark may suspend, restrict, or remove access to Third Party Applications at its discretion. This allows us to uphold the quality and compatibility of our Services with external applications.
Fees and Payments:
Subscription fees apply to various plans, providing flexibility based on your business needs. Users are responsible for Taxes, and refunds are subject to VirtuoSpark's Refund Policy. This transparent fee structure ensures clarity and fairness in our billing practices.
Organization Accounts and Administrators:
Organizations must appoint administrators for account management. Loss of control of administrator accounts should be promptly addressed by users. Ensuring secure and competent account administration is crucial to maintaining the privacy and integrity of organizational data.
Personal Information and Privacy:
User-provided personal information is governed by VirtuoSpark's Privacy Policy. We prioritize the confidentiality and privacy of your data. Users are urged to review our Privacy Policy to understand how their information is collected, used, and protected.
Communications from VirtuoSpark:
Users may receive service announcements and newsletters. Opting out from newsletters is available, but not for service announcements. This ensures that users stay informed about important updates and improvements to our Services.
Complaints:
Complaints about user activities will be forwarded, and users must respond within 10 days. Failure to respond may lead to disclosure of user information. This process ensures a fair and accountable resolution to any complaints received.
Inactive User Accounts Policy:
Inactive accounts may be terminated after 120 days. Users will receive prior notice and an option to back up data. This policy aims to maintain a streamlined user base, ensuring active participation and engagement within our Services.
Data Ownership:
Users own their created content. VirtuoSpark is granted permission to access, store, and transmit content for service provision. This approach reinforces our commitment to respecting the rights and ownership of user-generated content.
Hosting Location:
Accounts may be migrated based on region/country mapping. Users must not mask their IP address at sign-up. This ensures accurate mapping of user accounts to the appropriate cloud facility, maintaining data integrity and regulatory compliance.
User Generated Content:
Users are responsible for publicly shared content. VirtuoSpark may block or remove content violating third-party rights. This proactive approach safeguards against potential legal issues and promotes responsible content sharing.
Trademark:
VirtuoSpark trademarks may not be displayed or used without permission. This protects the integrity and exclusivity of our brand, ensuring that our trademarks are used appropriately and with our explicit consent.
Disclaimer of Warranties:
Services are provided "as-is." VirtuoSpark disclaims all warranties, and users accept associated risks. This disclaimer sets clear expectations about the nature of our Services and encourages users to make informed decisions based on their specific needs.
Limitation of Liability:
VirtuoSpark's liability is limited to a specified amount or fees paid in the past 12 months. This limitation establishes a fair and reasonable framework for addressing potential liabilities, emphasizing a balanced and measured approach.
Indemnification:
Users agree to indemnify VirtuoSpark against losses arising from unauthorized use or violation of the Agreement. This mutual commitment to indemnification ensures shared responsibility in upholding the terms and conditions of the Agreement.
Governing Law and Jurisdiction:
Disputes are governed by applicable law based on the user's billing address or domicile. This provision clarifies the jurisdictional framework for dispute resolution, promoting clarity and predictability.
Suspension and Termination:
VirtuoSpark may suspend or terminate accounts for suspected illegal activity or prolonged inactivity. Users can request termination. This proactive measure allows us to address potential risks promptly and enables users to exercise control over their account status.
Modification of Terms of Service:
VirtuoSpark may modify the Agreement with notice. Users may terminate if changes substantially affect their rights. This commitment to providing advance notice allows users to make informed decisions and maintain control over their continued use of our Services.
End Of Terms Of Service:
For inquiries about this Agreement, contact legal@virtuospark.com. We value open communication and encourage users to reach out with any questions or concerns related to our Terms of Service.
By using VirtuoSpark's Services, you acknowledge and agree to the terms outlined in this Agreement. We are dedicated to fostering a transparent, secure, and collaborative environment for our users.