Terms of Service | Konfirmity

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.

Definitions

“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.
“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.
“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.
“Us”, capitalized or otherwise, means Konfirmity. “We” and “Our” 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” 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. 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.

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.

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.

Terms and Termination

Term

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 of any Subscription Fee paid in advance.

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. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms.

Your Obligations

Service Access

You must:

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;
not attempt to undermine the security or integrity of Our computing systems or networks;
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;
not transmit or upload into the Service any files containing malicious computer codes; and
warrant at all times that any information or data provided by you to Us is true and correct.

Usage Limitations

You may only use the Service in accordance with and within the limitations of your subscription. You must only use the Service strictly for your 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.

Ownership and Rights

Your Data

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.

Konfirmity Intellectual Property

The technology and contents of the Service, including, but not limited to, the “look and feel” of Our Websites, Applications and all other material, are the property of Konfirmity (and/or its licensors), which is protected by copyright law of Singapore and international treaties.

Indemnity

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 are responsible for reviewing and verifying all reports and/or analysis and promptly informing Us of any errors noted.

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. Any claim by you against Us will 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. We have no control over and are not responsible for any such third-party websites or content, and you agree to bear all risks associated with your access to and/or use of any such third-party content.

General

Entire Agreement

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 and constitutes the entire agreement between you and Us relating to the Service.

Governing Law and Jurisdiction

This agreement shall be governed and construed in accordance with the laws of Singapore.

Notices

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. Notices to Us must be sent by e-mail to support@konfirmity.com.

Changes

We may revise this Agreement from time to time and will always present the most up-to-date version on Our Website. It is your responsibility to periodically review and keep yourself apprised of the latest terms. Please inform Us of any changes to your e-mail address and other communication preferences at support@konfirmity.com.