Last Updated on January 02, 2023
PT DesktopIP Teknologi Indonesia, including PT DesktopIP Teknologi Indonesia’s subsidiaries, affiliates, divisions, contractors and all data sources and suppliers, (collectively “IfVirty”, “we”, “us” or “our”) welcomes you to www.ifvirty.com(the “Website”). These terms and conditions of service (collectively, with IfVirty’s Privacy Policy, located at www.ifvirty.com/legal/privacy-policy/ and Acceptable Use Policy located at www.ifvirty.com/legal/acceptable-use-policy/ the “Terms of Service” or “Agreement”) govern your use of the Website and the services, features, content or applications operated by IfVirty (together with the Website, the “Services”), and provided to the Subscriber (the “Subscriber”, “user”, “sub-user”, “you” or “your”).
Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organization. Agreeing to use the Services by clicking “Sign up” constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you. You acknowledge receipt of our Privacy Policy. If you ordered the Services on the Website, use the Website, or otherwise engage in any electronic transaction with respect to the Services, then you agree to receive any updates to our Privacy Policy by accessing the Website. By using our Website or purchasing our products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy.
IfVirty reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, IfVirty will notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
1.1
Before you use our Websites and Services, you must ensure that such use is in compliance with all laws, rules and regulations applicable to you. Your right to access the Websites and Services is revoked to the extent your use thereof is prohibited or to the extent our provision thereof conflicts with any applicable law, rule or regulation. You are responsible for making these determinations before using the Websites and Services.
1.2
The Websites and Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Websites and Services, you represent and warrant to us that: (a) you are 18 years of age or older; or (b) you otherwise have sufficient legal consent, permission and capacity to use the Websites and Services in applicable jurisdiction(s) as determined by you.
1.3
To access the Services and some features of the Websites, you must register for an account (“Account”). When you register for your Account, you may be required to provide us with some information about yourself, such as your name, email address, and a valid form of payment, and you may also provide optional information about yourself on a voluntary basis. Account information, and our use and disclosure thereof, is subject to the Privacy Policy.
1.4
We may, in our sole discretion, refuse to provide or continue providing the Websites and Services to any person or entity and change eligibility criteria at any time, including if you fail to comply with the Terms of Service. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion.
2.1
As between you and IfVirty, the Websites and Services are owned and/or provided by IfVirty. The names, logos, trademarks, trade dress, arrangements, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Websites and Services (“Materials”) that we provide are protected by intellectual property and other laws. All Materials included in the Websites and Services are the property of IfVirty or its third party licensors. You may only use the Websites and Services as expressly authorized by us and as set forth in this Terms of Service. You shall abide by and maintain all intellectual property notices, information, and restrictions contained in the Websites and Services. We reserve all rights to the Websites and Services not granted expressly in this Terms of Service.
2.2
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Websites and Services (“Feedback”) then you hereby grant to us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Websites and Services and create other products and services.
2.3
You grant us permission to include your name, logos, and trademarks in our promotional and marketing materials and communications.
2.4
Subject to your complete and ongoing compliance with this Terms of Service and our rights therein, IfVirty grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Websites and/or Services as described in and subject to this Terms of Service.
3.1
By providing your User Content to or via the Websites, you grant IfVirty a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels.
3.2
By providing your User Content via the Websites, you grant to our other users a non-exclusive license to access and use your User Content as permitted by this Terms of Service and the functionality of the Websites.
3.3
You are solely responsible for your User Content, and you agree is not and will not be in any way liable for your User Content. By providing your User Content via the Websites, you affirm, represent, and warrant that:
a.
you are the creator and owner of your User Content, or have the necessary licenses, rights, consents, and permissions to authorize IfVirty and users of the Websites to use and distribute your User Content as necessary to exercise the licenses granted by you in this Terms of Service or otherwise required of you under this Terms of Service;
b.
your User Content, and use of your User Content as contemplated by this Terms of Service, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade a right of privacy, publicity or other property right of any other person; or (iii) cause us to violate any law or regulation; and
c.
you will indemnify us for any third party claims arising from your User Content.
3.4
We are under no obligation to edit or control your User Content or the User Content of others, and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any of your User Content at our discretion.
3.4
By submitting or uploading your User Content, you also agree to abide by the terms of any Open Source Licenses that may apply to your User Content.
4.1
Our Services allow you to provide us with source code, files, software, processes, interfaces, data, text, settings, media, or other information for storage, hosting, or processing by the Services (your “Services Content”).
4.2
Subject to this Terms of Service, by providing your Services Content to or via the Services, you grant IfVirty a license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Services Content solely for the purpose of providing the Services to you.
4.3
As between you and IfVirty, you retain any copyright and other ownership rights that you may hold in your Services Content.
4.4
Some of our Services allow third parties to access, use, or contribute to your Services Content, including via resale, your own products and services, or public-facing websites, applications, interfaces, and other manifestations of your Services Content. Such other users are collectively defined as your “End Users” for purposes of this Terms of Service. For clarity, “End Users” in this context includes all such other users, regardless of whether they are intermediary parties, End Users of other End Users, or the like. You are responsible for your End Users’ compliance with this Terms of Service.
4.5
You are solely responsible for your Services Content, End Users and any activity by your End Users, and you agree IfVirty is not and will not be in any way liable for your Services Content, End Users and/or activity by your End Users. By providing your Services Content via the Services, you affirm, represent, and warrant that:
a.
your Services Content, and your or your End Users’ use of your Services Content, will not violate this Terms of Service (including the Acceptable Use Policy) or any applicable law, regulation, rule, or third party rights;
b.
you are solely responsible for the development, moderation, operation, maintenance, support and use of your Services Content, including when your Services Content is contributed by your End Users;
c.
your Services Content, and your or your End Users’ use of your Services Content, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade a right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law, regulation, rule, or rights of third parties; and
d.
except for the specific Services provided to you under this Terms of Service or other express contract, you are solely responsible for the technical operation of your Services Content, including on behalf of your End Users.
4.6
You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection and backup of your Services Content, which may include the use of encryption technology to protect your Services Content from unauthorized access and routine archiving your Services Content. IfVirty does not promise to retain any preservations or backups of your Services Content. You are solely responsible for the integrity, preservation and backup of your Services Content, regardless of whether your use of Services includes a IfVirty backup feature or functionality, and to the fullest extent permitted by law, IfVirty shall have no liability for any data loss, unavailability, or other consequences related to the foregoing.
4.7
When purchasing Services, you may specify the geographic region and jurisdiction in which your Services Content will be stored. You consent to the storage of your Services Content in, and transfer of your Services Content into, the geographic region and jurisdiction you select. Unless otherwise agreed in writing between you and IfVirty, you agree that IfVirty may transfer and store your Services Content in other geographic regions or jurisdictions at its sole discretion. You represent and warrant that such storage and transfer are adequately consented to by you and permissible pursuant to applicable laws, regulations, rules, and third party rights.
5.1
You must use the Websites and Services in accordance with our Acceptable Use Policy , which is incorporated by reference. Accordingly, any use of the Websites and Services in violation of the Acceptable Use Policy shall constitute a breach of this Terms of Service.
5.2
You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees, any third party (including your contractors or agents), your End Users, your licensees, or your customers.
5.3
You are responsible for notifying your employees, agents, and others related to your use of the Websites and Services of the provisions of this Terms of Service, including where the terms of the Terms of Service are binding on them.
5.4
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Websites or Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Websites or Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. To the extent any portions of the Websites or Services are subject to Open Source Licenses, such Open Source Licenses apply regardless of this section.
5.5
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) respond to any applicable law, regulation, legal process or governmental request; (ii) enforce this Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
5.6
You agree to comply with all applicable export and import control laws and regulations in your use of the Services, and, in particular, you will not utilize the Services to export or re-export data or software without all required Indonesia and foreign government licenses. You assume full legal responsibility for any access and use of the Services from outside the Republic of Indonesia, with full understanding that such access or use may constitute export of technology and technical data that may implicate export regulations and/or require export license.
5.7
You shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information. You are solely responsible for any unauthorized access to your Account, and must notify IfVirty immediately of any such unauthorized access upon becoming aware of it.
5.8
You shall notify IfVirty if and when you learn of any security incidents or breaches affecting the Websites or Services, including unauthorized access to your Account or Account credentials, and shall aid in any investigation or legal action that is taken by authorities and/or IfVirty to investigate and cure the security incident or breach to the extent caused by your Account or your use of the Websites and Services.
6.1
We use third-party payment processors (the “Payment Processors”) to bill you through the payment account(s) linked to your Account (your “Billing Information”). The processing of payments may be subject to the terms, conditions and policies of the Payment Processors in addition to this Terms of Service. We are not responsible for acts or omissions of the Payment Processors. You agree to pay us, through the Payment Processors or as otherwise agreed to by IfVirty, all sums for Services you select or use at applicable prices in accordance with our pricing and billing policies (IfVirty Cloud Dashboard (https://console.ifvirty.com/) when logged into your IfVirty account) and you hereby authorize us and applicable Payment Processors to charge all such sums (including all applicable taxes) to the payment method(s) specified in or linked to your Account (your “Payment Method”).
6.2
You must provide current, complete and accurate information for your Account and Billing Information, and must promptly update all such information in the event of changes (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us or our Payment Processors if your payment method is canceled (e.g., for loss or theft) or otherwise inoperable. Changes to such information can be made in your account settings.
6.3
By entering into this Terms of Service and using the Services, you agree to be billed on a recurring basis and to be automatically charged by us or our Payment Processors using your Payment Methods upon invoicing. If your Payment Method or payment of fees is subject to other terms and conditions, as set forth in order forms, invoices or otherwise, then those other terms and conditions apply in addition to this Terms of Service. You may also be billed an amount up to your current balance at any time to verify the accuracy of your account information. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any Accounts or access to the Websites and Services at any time at our sole discretion, including for nonpayment, late payment, or failure to charge your Payment Methods upon invoicing.
6.4
You are responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to your purchase of the Services, including but not limited to national, state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, “Taxes”). Unless otherwise stated, our pricing policies do not include and are not discounted or enhanced for any such Taxes. If we become obligated to collect or pay Taxes in connection with your purchase of the Services, those Taxes will be invoiced to you as part of a billing process or collected at the time of purchase. In certain states, countries and territories, we may determine if your purchase of Services is subject to certain Taxes, and if so, may collect such Taxes and remit them to the appropriate taxing authority. If you believe that a given Tax does not apply or that some amount must be withheld from payments to us, you must promptly provide us with a tax certificate, withholding receipt, tax identifier (e.g., VAT ID) or other adequate proof, provided such information is valid and sufficiently authorized by all appropriate taxing authorities. You must also provide us with any tax identification information that is necessary for us to comply with our tax obligations, as we determine from time to time. You will be solely responsible for any misrepresentations made or non-compliance caused by you regarding Taxes, whether with respect to us or other parties, including any penalties, fines, audits, interest, back-payments or further taxes associated with such misrepresentations or non-compliance.
6.5
We may offer Service credits from time to time, and any provision of such credits is governed by the disclosures, terms and policies concerning the credits. You acknowledge and agree that all credits, whether previously offered or otherwise, are revocable or subject to early expiration at any time and for any reason or no reason by us, including for abuse, misrepresentation of Account information, unauthorized transfer, or illegal conduct by you.
The Websites and Services may include links to third party websites, services or other resources on the Internet, and third party websites, services or other resources may include links to our Websites and Services as well. When you access third party resources on the Internet, you do so at your own risk. These third party resources are not under our control, and, to the fullest extent permitted by law, we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such resources. The inclusion of any such link does not imply our endorsement or any association between us and any third party. To the fullest extent permitted by law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party resource.
8.1
To the extent you receive or possess any nonpublic information from us that is designated confidential or, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential, such information is our “Confidential Information” and must be handled according to this Terms of Service. Confidential Information includes but is not limited to: (a) nonpublic information about our technology, customers, business plans, marketing and sales activities, finances, operations and other business information; and (b) the existence and content of our discussions or negotiations with you regarding your Account and/or use of the Services. Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Terms of Service; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the information by a wrongful or tortious act or by violating the rights of us or third parties; or (iv) can be shown by documentation to have been independently developed by you without reference to the Confidential Information.
8.2
You may not use Confidential Information except in connection with your use of the Service as permitted under this Terms of Service or as separately authorized in a signed writing by us. You agree to not disclose Confidential Information during the term of this Terms of Service, after you cease using the Services and after this Terms of Service otherwise no longer applies. You will take all reasonable measures to avoid disclosure or unauthorized use of Confidential Information, including at least the measures you take to protect your own confidential information of a similar nature.
9.1
The Websites and Services, including without limitation any content delivered as a part thereof, are provided “as is” and on an “as available” basis. IfVirty disclaims all warranties of any kind, whether express or implied, relating to the Websites and Services and all content delivered in connection thereto, including but not limited to: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; (b) any warranty arising out of course of dealing, usage, or trade; or any warranty or guaranty relating to availability, accuracy, error rate, system integrity, or uninterrupted access. We do not warrant that: (i) the Websites or Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Websites or Services is free of viruses or other harmful components; or (iv) the results of using the Websites or Services will meet your requirements. Your use of the Websites and Services is solely at your own risk.
9.2
IfVirty is not responsible for the content that you access through your use of the Websites, Services, or content of other users of IfVirty or other third parties. To the extent permitted by applicable law, you release us from all liability relating to such content. You acknowledge and agree that we make no representations concerning any content contained in or accessed through the Websites or content of other users of IfVirty or other third parties, and that we are not responsible or liable for the accuracy, quality, legality, or other attributes of such content.
9.3
The limitations, exclusions, and disclaimers in this Section 9 apply to the fullest extent permitted by law. IfVirty does not disclaim any warranty or other right that IfVirty is prohibited from disclaiming under applicable law.
10.1
To the fullest extent permitted by law, in no event will we be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Websites and Services or any materials or content on the Websites and Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage. To the fullest extent permitted by law, you agree we will have no liability for any data that may be destroyed, lost or otherwise rendered inaccessible, whether because you failed to backup your data or for any other reason.
10.2
Except as provided in Section 13 and to the fullest extent permitted by law, our aggregate liability to you for all claims arising out of or relating to this Terms of Service or the Websites and Services, whether in contract, tort, or otherwise, is limited to the amount you have paid to us for the Services at issue in the month prior to the event or circumstance giving rise to claim.
10.3
Each provision of this Terms of Service that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under this Terms of Service. This allocation is an essential element of the basis of the bargain between you and us. Each of these provisions is severable and independent of all other provisions of this Terms of Service. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
To the fullest extent permitted by law, you are responsible for your use of the Websites and Services, and you shall defend, indemnify, and hold harmless us and our employees, officers, directors, agents, contractors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and costs, that arise from or relate to your Services Content, User Content, your End Users, or your access to or use of the Websites and Services, including your breach of this Terms of Service or applicable law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third party’s right, including any intellectual property, confidentiality, property or privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense.
While we prefer to give advance notice of termination, we reserve the right, in our sole discretion, to terminate your access to all or any part of the Websites and/or Services at any time, with or without notice, effective immediately. Any such termination may result in the immediate forfeiture and destruction of data associated with your Account. Except as otherwise set forth herein or expressly agreed between the parties, any and all fees paid to us are non-refundable and any and all fees still owed to us at the time of such termination shall be immediately due and payable. Upon termination, any and all rights granted to you by this Terms of Service will immediately be terminated, and you must also promptly discontinue all use of the Websites and/or Services. All provisions of this Terms of Service which by their nature should reasonably be expected to survive termination shall survive termination.
13.1
In the interest of resolving disputes between you and IfVirty in the most expedient and cost-effective manner, and except as described in Section 13.2, you and IfVirty agree that every dispute arising in connection with this Terms of Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Terms of Service, if applicable. You understand and agree that, by entering into this Terms of Service, you and IfVirty are each waiving the right to a trial by jury or to participate in a class action.
13.2
Any arbitration between you and IfVirty will be resolved under the Indonesian Arbitration Act. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, application or enforceability of this binding arbitration agreement.
13.3
You and IfVirty agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and IfVirty agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
13.4
If any portion of this Section 13 is found to be unenforceable, then that portion will be null and void and the remainder of this Section 13 will reasonably remain in effect. In such event, if Section 13 cannot reasonably remain in effect as a whole, you and IfVirty agree that the exclusive jurisdiction and venue described in Section 14.4 will govern any action arising out of or related to this Terms of Service.
14.1
Updates and Modifications. IfVirty reserves the right to update, change or otherwise modify this Terms of Service on a going-forward basis at any time and in IfVirty’s sole discretion. If IfVirty updates this Terms of Service, IfVirty may provide notice of such updates, such as by sending an email notification to the email address listed in your Account and/or updating the “Last Updated” date at the beginning of this Terms of Service. Updates will be effective on the date specified in the notice. By continuing to access or use the Websites or Services after the date specified in the notice or updated Terms of Service, you are agreeing to accept and be bound by the updated Terms of Service and all of the terms incorporated therein. If you do not agree to the updated Terms of Service, then you may not continue to use the Websites or Services and your sole and exclusive remedy is to deactivate your Account and otherwise discontinue use of the Websites and/or Services.
14.2
General. This Terms of Service, including all documents expressly incorporated by reference herein, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Use of section headers in this Terms of Service is for convenience only and will not have any impact on the interpretation of any provision. Any use of the singular shall be reasonably construed as if it also includes the plural, and vice versa. If not already specified, any use of “including” or “such as” shall be construed to mean “including but not limited to.” If any part of this Terms of Service is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of this Terms of Service, or any provision of this Terms of Service, be a waiver of any subsequent breach or default or a waiver of the provision itself.
14.3
Assignment. You may not assign, transfer or delegate this Terms of Service or any of your rights and obligations under the Terms of Service, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign, transfer or delegate this Terms of Service or our rights and obligations under this Terms of Service without notice or consent. Subject to this section, this Terms of Service will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns, and any assignment or transfer in violation of this section will be void.
14.4
Governing Law. This Terms of Service and any dispute related thereto (including under Section 13) is governed by the laws of the Republic of Indonesia without regard to conflict of law principles. Subject to Section 13, you and IfVirty submit to the personal and exclusive jurisdiction of the state courts located within South Jakarta, Jakarta for resolution of any lawsuit or court proceeding permitted under this Terms of Service .
14.5
Consent to Electronic Communications. By using the Websites and/or Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
14.6
Relationship of the Parties. The parties are independent contractors. This Terms of Services does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
14.7
Force Majeure. IfVirty shall not be liable for nonperformance of the terms herein to the extent that IfVirty is prevented from performing as a result of any act or event which occurs and is beyond IfVirty’s reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, epidemic, pandemic or any unforeseen change in circumstances, or any other causes beyond our reasonable control.
14.8
No Third-Party Beneficiaries. This Terms of Service does not create any third party beneficiary rights in any individual or entity that is not a party to this Terms of Service.
Copyright 2023 - PT DesktopIP Teknologi Indonesia. All rights reserved. No part of IfVirty’s Website may be reproduced, modified, or distributed in any form or manner without the prior written permission of IfVirty.
Last Updated on January 02, 2023
This Privacy Policy describes how PT DesktopIP Teknologi Indonesia and its affiliates (“IfVirty,” “we,” “our” or “us”) collect, use, and share information in connection with your use of our websites (including www.ifvirty.com), services, and applications (collectively, the “Services”). This Privacy Policy (the “Privacy Policy”) does not apply to information our customers may process when using our Services.
We may collect and receive information about users of our Services (“users,” “you,” or “your”) from various sources, including: (i) information you provide through your user account on the Services (your “Account”) if you register for the Services; (ii) your use of the Services; and (iii) from third-party websites, services, and partners.
We recommend that you read this Privacy Policy in full, including the Additional Disclosures referenced at the bottom of this document, to ensure you are fully informed. If you have any questions about this Privacy Policy or IfVirty’s data collection, use, and disclosure practices, please contact us at support@ifvirty.com.
I.
Information You Provide
a.
Account Registration. When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number. If you choose to refer a friend to our Services, we may also collect your friend’s email address so that we may send them a referral or promotional code to sign up for our Services.
b.
Payment Information. When you add your financial account information to your Account, that information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, subscriber information through our third-party payment processor.
c.
Personal Data. This means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a Data Subject in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
d.
Communications. If you contact us, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us.
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
II.
Information We Collect When You Use Our Services.
a.
Cookies and Other Tracking Technologies. As is true of most websites, we gather certain information automatically and store it in log files. In addition, when you use our Services, we may collect certain information automatically from your device. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL. To collect this information, a cookie may be set on your computer or device when you visit our Services. Cookies contain a small amount of information that allows our web servers to recognize you. We store information that we collect through cookies, log files, and/or clear gifs to record your preferences. We may also automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits, and other information related to your interactions with the Services. We may track your use across different websites and services.
b.
Usage of our Services. When you use our Services, we may collect information about your engagement with and utilization of our Services, such as processor and memory usage, storage capacity, navigation of our Services, and system-level metrics. We use this data to operate the Services, maintain and improve the performance and utilization of the Services, develop new features, protect the security and safety of our Services and our customers, and provide customer support. We also use this data to develop aggregate analysis and business intelligence that enable us to operate, protect, make informed decisions, and report on the performance of our business.
III.
Information We Receive from Third Parties.
Third-Party Accounts. If you choose to link our Services to a third-party account, we will receive information about that account, such as your authentication token from the third-party account, to authorize linking. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options.
We use the information we collect in various ways, including to:
We may share the information we collect in various ways, including the following:
a.
Vendors and Service Providers. We may share information with third-party vendors and service providers that provide services on our behalf, such as helping to provide our Services, for promotional and/or marketing purposes, and to provide you with information relevant to you such as product announcements, software updates, special offers, or other information.
b.
Aggregate Information. Where legally permissible, we may use and share information about users with our partners in aggregated or de-identified form that can’t reasonably be used to identify you.
c.
Advertising. We work with third-party advertising partners to show you ads that we think may interest you. These advertising partners may set and access their own cookies, pixel tags, and similar technologies on our Services, and they may otherwise collect or have access to information about you which they may collect over time and across different online services. Some of our advertising partners are members of the Network Advertising Initiative or the Digital Advertising Alliance. To learn more about these programs, or opt-out of personalized ads, visit the Digital Advertising Alliance’s Self-Regulatory program for Online Behavioral Advertising at www.aboutads.info, or the Network Advertising Initiative at www.networkadvertising.org.
d.
Third-Party Partners. We also share information about users with third-party partners in order to receive additional publicly available information about you.
e.
Information We Share When You Sign Up Through a Referral. If you sign up for our Services through a referral from a friend, we may share information with your referrer to let them know that you used their referral to sign up for our Services.
f.
Analytics. We use analytics providers such as Google Analytics. Google Analytics uses cookies to collect non-identifying information. Google provides some additional privacy options regarding its Analytics cookies at http://www.google.com/
g.
Business Transfers. Information may be disclosed and otherwise transferred to any potential acquirer, successor, or assignee as part of any proposed merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
h.
As Required By Law and Similar Disclosures. We may also share information to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to your requests; or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
Information may be disclosed and otherwise transferred to any potential acquirer, successor, or assignee as part of any proposed merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
i.
With Your Consent. We may share information with your consent.
Our legal basis for collecting and using the personal data described above will depend on the personal data concerned and the specific context in which we collect it.
However, we will normally collect personal data from you only (i) where we need the personal data to perform a contract with you; (ii) where the processing is in our legitimate interests and not overridden by your rights; or (iii) where we have your consent to do so. We have a legitimate interest in operating our Services and communicating with you as necessary to provide these Services, for example when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities.
In some cases, we may also have a legal obligation to collect personal data from you or may otherwise need the personal data to protect your vital interests or those of another person.
If we ask you to provide personal data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal data is mandatory or not (as well as of the possible consequences if you do not provide your personal data).
You may access other third-party offerings through the Services, for example by clicking on links to those third-party offerings from within the Services. IfVirty is not responsible for the privacy policies and/or practices of these third-party offerings, and we encourage you to carefully review their privacy policies.
IfVirty is committed to protecting your information. To do so, we employ a variety of security technologies and measures designed to protect information from unauthorized access, use, or disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal data. Please note that no service is completely secure. While we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.
We retain personal data we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements).
When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.
If you are a registered user, you may access certain information associated with your Account by logging into our Services or emailing support@ifvirty.com. If you terminate your Account, any public activity on your Account prior to deletion may remain stored on our servers and may remain accessible to the public.
To protect your privacy and security, we may also take reasonable steps to verify your identity before updating or removing your information. The information you provide us may be archived or stored periodically by us according to backup processes conducted in the ordinary course of business for disaster recovery purposes. Your ability to access and correct your information may be temporarily limited where access and correction could: inhibit IfVirty’s ability to comply with a legal obligation; inhibit IfVirty’s ability to investigate, make or defend legal claims; result in disclosure of personal data about a third party; or result in breach of a contract or disclosure of trade secrets or other proprietary business information belonging to IfVirty or a third party.
You can use some of the features of the Services without registering, thereby limiting the type of information that we collect.
You may unsubscribe from receiving certain promotional emails from us. If you wish to do so, simply follow the instructions found at the end of the email. Even if you unsubscribe, we may still contact you for informational, transactional, account-related, or similar purposes.
Many browsers have an option for disabling cookies, which may prevent your browser from accepting new cookies or enable selective use of cookies. Please note that, if you choose not to accept cookies, some features and the personalization of our Services may no longer work for you. You will continue to receive advertising material but it will not be tailored to your interests.
IfVirty does not knowingly collect information from children under the age of 13, and children under 13 are prohibited from using our Services. If you learn that a child has provided us with personal data in violation of this Privacy Policy, you can alert us at support@ifvirty.com.
This Privacy Policy may be modified from time to time, so please review it frequently. Changes to this Privacy Policy will be posted on our websites. If we materially change the ways in which we use or share personal data previously collected from you through our Services, we will notify you through our Services, on this page, by email, or other communication.
If you have any questions or concerns about this Privacy Policy, please email us at support@ifvirty.com.
Last Updated on January 02, 2023
This Acceptable Use Policy (“AUP”) describes material and activities that are not allowed in connection with the Services offered by IfVirty. This AUP is not exhaustive, and IfVirty reserves the right to take remedial action in connection with content or uses that are not specifically described below.You are responsible for violations of this AUP by anyone using your account with your permission or on an unauthorized basis.
You are also responsible for violations of this AUP by Your Users. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP. We may modify this AUP at any time by posting a revised version on the IfVirty Websites and/or Services.
All capitalized and formally defined terms in this AUP have the same meaning as in the Terms of Service.
You may not use the Services for any unlawful or abusive purpose. Prohibited activities include:
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider.
You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. You will not take any action which directly or indirectly results in any of our IP addresses being listed on any abuse database (e.g., Spamhaus).You must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. In addition, your bulk or commercial email must meet the following requirements:
You may not attempt to probe, scan, penetrate, or test the vulnerability of a IfVirty system or network, or to breach the IfVirty security or authentication measures, whether by passive or intrusive techniques, or conduct any security or malware research on or using the Services, without IfVirty’s prior written consent.
You may not use any shared System provided by IfVirty in a way that unnecessarily interferes with the normal operation of the shared System, or that consumes a disproportionate share of the resources of the System. For example, we may require you to repair coding abnormalities in your cloud-hosted code if it unnecessarily conflicts with other customers’ use of the Services. You agree that we may quarantine or delete any data stored on a shared System if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the System or other customers’ data that is stored on the same system.
You must have valid and current information on file with your domain name registrar for any domain hosted on the IfVirty network. You may only use IP addresses assigned to you by IfVirty in connection with your IfVirty Service. You agree that if you register a DNS record or zone on IfVirty-managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars’ WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, IfVirty may modify, transfer, or delete such records or zones.
We reserve the right, but have no obligation, to investigate any suspected violation of this AUP or misuse of the Services about which we have actual knowledge. In connection with such investigations, we may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing, reviewing and preserving appropriate customer information consistent with applicable law. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.
If we determine, in our discretion, that you have violated this AUP, we may remove, disable access to, or modify any content or resource and/or to suspend or terminate your use of the Services. We also may intercept or block any content or traffic belonging to you or to users where the Services are being used unlawfully or not in accordance with this AUP. Our right to suspend or terminate your use of the Services applies even if a violation is committed unintentionally or without your authorization. Such right is not an obligation on us to act at any given time or with respect to any given Subscriber, and we may exercise such right at any time within our sole discretion.
If you become aware of any suspected violation of this AUP, please notify us by providing a full explanation of the bases for the violation. We may request your assistance to help stop or remedy the violation. To report any violation of this AUP or make related inquiries, please contact us at support@ifvirty.com.
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