TERMS OF SERVICEPublished as of 08 June 2021
- GENERAL TERMS AND DEFINITIONS
This Konfirmity Terms of Service constitutes an agreement between you (Subscriber, User, or Customer) and Us (Konfirmity Pte. Ltd.) and sets forth the terms and conditions that apply to your access and use of Our Konfirmity Service, Website and Applications.
"Agreement" means the latest version of the Konfirmity Terms of Service and Subscription Agreement.
"Application", "Platform" or "App", singular or plural, refers to any of Our computer programs, smartphone, tablet or browser based applications and all other software programs made available to Konfirmity Users directly by Us or via Designated Partners.
"Konfirmity" is the brand name of the Service offered by Konfirmity Pte Ltd. Konfirmity Pte. Ltd. is incorporated in Singapore.
"Confidential Information" means all information exchanged between the Parties connected to the Service, whether in writing, electronically or verbally, but does not include information that is, or becomes, publicly available other than through unauthorized disclosure by the other Party. Confidential Information will also include Information submitted to the receiving Party by a third party under instruction from, and under confidential obligation with, the disclosing Party.
"Designated Partner" means a party that We license and authorize to distribute, provide and use the Service for the Party's users and customers.
"MetaData" means collective statistical data amongst Konfirmity Users produced by Konfirmity as part of the Service.
"Party" refers individually to each of you and Konfirmity.
"Parties" refer to both you and Konfirmity collectively.
"Personally Identifiable Information" or "PII" means your name, address, identification number, phone number, and/or other information by which you may be personally identified.
"Privacy Statement" refers to the latest version of the document with the aforementioned title published on our website (currently on https://konfirmity.com/privacy-policy).
"Service" means the platform, advisory, consulting, auditing, penetration testing services made available by Konfirmity.
"Subscriber", "User", or "Customer", capitalized or otherwise, means the person who accesses, uses or subscribes to the Service, and, if authorized and applicable, the entity on whose behalf any person accesses, uses or subscribes to the Service.
"Subscription" means the arrangement and agreement between you and Us for Us to provide you the Service.
"Subscription Fee" means the fees (excluding any taxes and duties) for using the Konfirmity platform and receiving all associated services, including continuous support and all ad-hoc fees payable by you to Us in accordance with your subscription.
"Us", capitalized or otherwise, means Konfirmity. "We" and "Our", capitalized or otherwise, have corresponding meanings.
"Website", singular or plural, means all Websites and Web pages operated by Us in relation to the Service and hosted under the konfirmity.com and other domains owned by Us and Designated Partners.
"You", capitalized or otherwise, means the subscriber, User or Customer. "Your", capitalized or otherwise, has a corresponding meaning.
- ACCEPTANCE OF TERMS
Your use of Our Websites and/or Service is subject to Our Privacy Statement, which addresses how We handle and protect your data and Information. Please read this Agreement and Our Privacy Statement carefully. By accessing, using and/or subscribing to Our Service, Websites and/or Applications, you understand and agree to be bound by the terms and conditions of this Agreement and Our Privacy Statement. If you do not agree to this agreement or the terms of Our Privacy Statement, you are not authorized to use Our Service, Websites and/or Applications. By accepting this agreement, you represent that you have the capacity to enter or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity into a legally binding contract, and you agree that this agreement legally binds you in the same manner as a signed, written, paper contract.
- DESCRIPTION OF THE SERVICES
Konfirmity is a cloud-based platform to create, implement, audit and manage the system for information security and other compliance work. We simplify the complex and challenging information security processes to satisfy your regulatory and customer requirements. We aggregate information that you provide to us, or otherwise authorize Us to have access to, process the information which is made available to a User only restricted access area on Our Website and/or Applications.
- REGISTRATION AND SUBSCRIPTION
Konfirmity is a paid service, and a Subscription Fee is charged, which is payable, in advance, on a pre-agreed periodical basis.
You authorize Us to store and continue billing your Subscription Fee to your preferred method of payment, such as credit card or a bank transfer unless you otherwise notify Us of any change to such preferred payment method.
Our credit card payment processor is Stripe, and only requires the input of your credit card number, expiry date and card security code and is subject to change as desired by Stripe the payment processor.
In addition to the Subscription Fee, you are responsible for payment of all other ad-hoc fees that you may incur, and we may invoice you from time to time and all taxes, and bank charges and other transaction costs related to your payment. If you subscribe to the Service directly with Us, you can receive a copy of your invoice to your e-mail address registered with the Service.
- TERMS AND TERMINATION
This agreement will remain in effect until you cancel, or We terminate your subscription. At the end of each Subscription Fee billing cycle, the subscription will automatically continue for another billing cycle, provided you continue to pay the Subscription Fee when due.
Termination for Breach
We may forthwith suspend or terminate, at Our sole discretion, your subscription and your use of the Service, Website and/or Applications, if you:
- breach any of the terms of this agreement and such breach, where rectifiable, remains unrectified for seven (7) days or more after the breach;
- breach any of the terms of this agreement and such breach is not capable of being remedied; or
- use the Service in a manner that may expose Us to legal liability, disrupt the Service and/or disrupt other Users' use of the Service.
Discontinuation of Service
Notwithstanding any other provision of the agreement, we reserve the right to suspend or discontinue the Service, either temporarily or permanently and either wholly or in part, for maintenance purposes or otherwise, without prior notice. In the event the Service is discontinued or suspended for more than fourteen (14) days, we will issue a proportionate refund (directly by Us, or if applicable, through the Designated Partner) of any Subscription Fee paid in advance in respect of the unutilized portion of the applicable Subscription period or otherwise apply such amount to the credit of future Subscription Fee payments, where applicable.
Modification of Terms
We may revise the terms of this agreement from time to time, and the most current version will be posted on the website. If a revision, at Our sole discretion, is material, we will notify you by e-mail or in other means of communication. Other revisions may be updated on the website, and you are responsible for checking such postings regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the revised terms, you may cancel your subscription via the message function in the Konfirmity Application User area by e-mail to email@example.com or any other designated e-mail address provided to you, or through communication with the Designated Partner (if applicable).
- YOUR OBLIGATIONS
- ensure that your username, password, and, if applicable, two-factor authentication device required to access the Service is kept secure and confidential at all times and agree to make every reasonable effort to prevent unauthorized third parties from accessing the Service using your user ID, password, and if applicable, two-factor authentication device. In the event of any unauthorized use of your user ID, password, two-factor authentication device or any other security breach, you must notify Us and the Designated Partner (if applicable) immediately and take all other actions necessary for Us and the Designated Partner (if applicable) to maintain the security of the Service;
- not attempt to undermine the security or integrity of Our computing systems or networks where the Service is hosted, or take or permit any action which may impair the functionality of the Service or the Website;
- not attempt to copy, reproduce, reverse engineer or decompile any computer program, design, functionality and any other component of the Service and/or Applications;
- not attempt to gain unauthorized access to any materials other than those contained in your ''User only'' area or to which you are otherwise expressly permitted to access;
- not transmit or upload into the Service and/or website any files containing malicious computer codes or any software that may damage Our computing systems or networks or any other person's computing device or any content that may be offensive or any material or data in violation of any law; and
- warrant at all times that any information or data provided by you to Us in connection with this agreement is your own is true and correct, does not infringe any rights, including intellectual property rights or confidentiality rights, of any person and that you are fully entitled to furnish such information or data to Us for purposes of this agreement and, for so long as your subscription remains in force.
You may only use the Service in accordance with and within the limitations of your subscription as set out in this clause. You must only use the Service strictly for your or if you are using Our Service for and on behalf of an organization, your organization's own lawful purposes. You may not purport to license, sell, lease,copy, outsource or otherwise share or permit the use of the Service to or with any third party, whether or not such actions are undertaken for financial gain. Usage beyond this limitation will result in a suspension or cancellation of your subscription, and you may also be liable for payment of any costs, losses and/or damages that may be suffered by Us as a result.
- OWNERSHIP AND RIGHTS
- The policy statement, controls and risk management data you provide to Us or otherwise authorize Us to have access to is your property.
- For so long as your subscription remains valid, you grant Us a license to use, copy, transmit, store and back up your Data for purposes of the Service and/or for any other purpose(s) as contemplated by this agreement.
- You acknowledge that, for your privacy, security and other operational reasons, your data in the original form received by Us may be deleted without being backed up by Us after such data has been processed for purposes of the Service.
- If you decide to stop the Service and cancel your Subscription, we will delete your Data, both in its original form (if it has not been deleted yet) and in its processed form as it appears in your Konfirmity User area, from the Service, within a reasonable time. Kindly note that (a) there may be some latency in removing this Information from Our servers and backup storage, and (b) We may retain your data and Information, and in certain cases, may disclose the same to third parties if necessary, to comply with applicable laws and legal obligations, resolving disputes, enforcing this agreement and protect Our intellectual property rights.
Konfirmity Intellectual Property
- The technology and contents of the Service, including, but not limited to, the "look and feel" (such as text, graphics, images, illustrations, logos, button icons) of Our Websites, Applications and all other material, Meta Data, photographs, videos, tutorials, editorial content, notices, software and other content, are the property of Konfirmity (and/or its licensors), which is protected by copyright law of Singapore and international treaties, trademark, patent laws and/or all other intellectual property laws, as may be applicable.
- As part of the Service, We grant you a non-exclusive, limited, royalty-free, revocable license during the term of this agreement to use Our Websites and Applications to facilitate your commercial use of the Service.
- You acknowledge and agree that Konfirmity, the Konfirmity logo, Konfirmity and the Konfirmity logo are Our trademarks and/or service marks and may not be used by you without Our prior written consent.
- Any distribution, reprint or electronic reproduction of any content from the Service, in whole or in part, is strictly prohibited without Our prior written consent.
You indemnify Us against all costs, losses and damages arising from your breach of any of the agreement and any other obligation you may have to Us.
- SERVICE "AS IS"
Our Service is provided to you on an "as is" basis and, to the fullest extent permissible by law, We make no express or implied warranty as to the accuracy, timeliness, availability or uninterrupted use of the Service. You hereby acknowledge that your use of the services is at your sole risk.
Whilst We will use reasonable commercial efforts to ensure that all information from your Data is accurately captured, extracted and/or entered into Our system, We do not warrant that this process or that any reports and/or analysis generated by Konfirmity will be 100% error-free. You are responsible for reviewing and verifying all such reports and/or analysis and promptly informing Us of any errors noted. Subject to that, We will take steps to investigate and rectify any confirmed errors as soon as reasonably practicable following receipt of your notification.
- LIMITATION OF LIABILITY
- To the maximum extent permitted by law, We will not be liable to you for any loss (including loss of Information, data, revenues, profits or savings) or damage resulting, directly or indirectly, from any use of or reliance on the Service. You assume sole responsibility for results obtained from the use of the Service and the conclusions drawn from such use.
- Without limiting clause 10(a), if you suffer loss or damage as a result of Our negligence or failure to comply with Our obligations under this agreement, any claim by you against Us will, in any event, be limited to the aggregate Subscription Fee paid by you to Us over the two months period preceding the date the claim first accrued.
- THIRD-PARTY WEBSITES, PRODUCTS AND/OR SERVICES
The Services may enable you to link to the websites and to access the content, products and/or services of third parties, including Users, advertisers, affiliates and sponsors of such third parties. We have no control over and are not responsible for any such third-party websites or content, products or services, and you agree to bear all risks associated with your access to and/or use of any such third-party websites, content, products and services.
This agreement, together with Our Privacy Statement, your Subscription and any other notices or instructions given to you under this agreement, supersedes and replaces all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Us relating to the Service and the use of Our Websites and Applications.
No waiver of any claim, right or entitlement will be effective unless made in writing. If either Party waives any breach of this agreement, this will not constitute a waiver of any other or continuing breach.
Neither Party will be liable for any delay or failure in the performance of its obligations under this agreement if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money. If the event leading to such delay continues for more than one month, either Party will be entitled to terminate this agreement, upon written notice to the other, whereupon this Agreement shall forthwith terminate with no further claims on the part of either Party but without prejudice to any previously accrued claims.
You may not assign or transfer any rights under this agreement to any other person without Our prior written consent. Subject to that, this agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
Governing Law and Jurisdiction
This agreement shall be governed and construed in accordance with the laws of Singapore.
If any part or provision of this agreement is invalid, unenforceable or in conflict with the law, that part or provision shall be deemed replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision or if such replacement is not practicable shall be deemed deleted, in either case without affecting the legality and binding nature of the remainder of this agreement.
Any notice given under this agreement by either Party to the other must be in writing, by email, or by electronic communication via the website and will be deemed to have been given on transmission, unless the recipient can satisfactorily establish that the e-mail or electronic communication was not received by the recipient's email or web server. Notices to Us must be sent by e-mail to firstname.lastname@example.org or, by electronic communication via the website, or through communication with the Designated Partner (if applicable), from time to time for such purpose. Notices to you will be sent to the e-mail address which you provided when registering for setting up your access to the Service (or to such updated e-mail address as may be notified to Us from time to time), by electronic communication via the website, or through the Designated Partner (if applicable).
Rights of Third Parties
A person who is not a party to this agreement has no right to benefit under or entitlement to enforce any term of this agreement.
Relationship of Parties
You acknowledge and agree that We are merely a service provider in connection with the Service and that nothing in this agreement shall cause or constitute the Parties to be partners, agents, or fiduciaries of, or joint ventures with, each other.
We may revise this Agreement from time to time and will always present the most up-to-date version on Our Website. For the avoidance of doubt, by accessing, using and/or subscribing to Our Service, Websites and/or Applications, you are bound by the terms and conditions of the latest version of this Agreement and Privacy Statement as published on Our Website. It is your responsibility to periodically review and keep yourself apprised of the latest terms but, if any revision meaningfully affects your rights, We will take reasonable steps to notify you of such changes.
Please inform Us of any changes to your e-mail address and other communication preferences, and We will take steps to update Our records after receiving such notification.