Terms of service

Virgl Terms Of Service BETA

1. Introduction

Welcome to Virgl! We are an innovative platform designed to facilitate interaction and business among local stakeholders, makers, and businesses within the tourism and hospitality industry. Our services, accessible via our mobile applications, aim to enhance local experiences by enabling users to explore, connect, and engage with services and professionals in a dynamic ecosystem.

Acceptance of Terms

By accessing or using any part of the Virgl platform, whether as a user, maker, or business, you agree to be bound by these Terms of Service ("Terms"), which form a legally binding contract between you and Virgl Technologies SL ("Virgl", "we", "us", or "our"). These Terms govern your access to and use of our applications, services, and technologies, unless we have executed a separate written agreement with you for that purpose.
If you do not agree to these Terms, you must not access or use our services.

Scope of the Terms

These Terms apply to all visitors, users, and others who access or use the Service ("Users"). Additional terms or requirements may apply to certain services or features related to the Virgl platform and will be communicated to you at the time of such services or features, which are incorporated by reference into these Terms.

Changes to the Terms

We reserve the right, at our discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
Please review these Terms periodically for changes, and feel free to contact us at any time if you have questions or concerns about these Terms.

2. Definitions

In these Terms of Service ("Terms"), the following definitions apply for clarity and ease of use throughout the document. These definitions are intended to ensure that key terms are understood by all parties involved:
• "Virgl", "we", "us", or "our" refers to Virgl Technologies SL, the legal entity that operates the Virgl platform, its mobile applications, services, and functionalities as specified under these Terms.
• "User" refers to any individual or entity who accesses or uses our platform. This term encompasses both registered and unregistered users, including but not limited to "Makers" and "Businesses" as defined below.
• "Maker" refers to a professional, whether autonomous or an employee of a business, who utilizes the Virgl platform to offer and manage tourism and hospitality services, engage in activities, sell products, or provide recommendations. Makers may enter into digital contracts within the platform and are key participants in the service delivery process. • "Business" refers to an entity that uses the Virgl platform to list services, employ Makers, manage bookings, and interact with Users. Businesses may offer their own services or products directly or through Makers, and are involved in setting the terms of engagements and transactions within the platform.
• "Services" refers to the functionalities, tools, and features provided by the Virgl platform, including but not limited to booking services, managing listings, communication tools, and any other service offered through the platform.
• "Content" refers to any text, images, video, audio, or other multimedia content, as well as software or other information or material submitted to, served on, or accessed through the Virgl platform.
• "Platform" refers to any text, images, video, audio, or other multimedia content, as well as software or other information or material submitted to, served on, or accessed through the Virgl platform.
These definitions are intended to apply uniformly throughout these Terms and any accompanying documents or communications issued by Virgl Technologies SL.

3. Eligibility and Access

3.1 Age Requirement

To register for an account and use the Virgl platform, you must be at least 13 years of age. By agreeing to these Terms, you represent and warrant that you are at least 13 years old. If you are under the age of 18, you declare that you have obtained consent from your parent or legal guardian to use our services.

3.2 Legal Capacity

You must have the legal capacity to enter into a binding contract to use the Virgl platform. By accepting these Terms, you confirm that you possess the legal authority and capacity to enter into agreements and to adhere to these Terms while using the platform.

3.3 Geographical Limitations

The initial use of the Virgl platform is intended for users within Spain. However, our plans include expanding the availability of our services to additional jurisdictions. Users are responsible for ensuring that their use of the platform complies with all local, national, and international laws applicable to them.

3.4 Access Requirements

Access to certain features of the Virgl platform requires creating an account and agreeing to additional terms and conditions that may apply to such features. You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account.

3.5 Compliance with Local Laws

It is your responsibility to ensure that you can legally access and use the Virgl platform and its services in your jurisdiction. You must comply with all applicable laws, regulations, and rules regarding online conduct and acceptable content.

4. Account Registration and Responsibilities

4.1 Account Creation

To access and utilize the full features of the Virgl platform, users must create an account. You must provide accurate, current, and complete information during the registration process and keep your account information updated. You are required to register using a valid phone number, which will be verified through an SMS confirmation to enhance account security. Businesses and makers may be required to provide additional documentation for verification purposes, such as identity verification through KYC (Know Your Customer) processes.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to:
• Use strong passwords and update them regularly.
• Secure the device through which you access our services.
• Notify us immediately of any unauthorized use of your account or any other breaches of security. Virgl cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4.3 Account Responsibilities

You agree not to use your account for any unlawful or unauthorized purposes. Your account should only be used in compliance with all applicable laws, rules, and regulations, and in a manner that does not infringe or violate the rights of any third party. You are responsible for all content you upload, post, email, transmit, or otherwise make available via the Virgl platform.

4.4 Prohibition on Account Sharing

Sharing account credentials is strictly prohibited. You must maintain sole control of your account's login information and may not disclose such information to any third party. Virgl reserves the right to terminate or suspend your account if unauthorized account activity is detected.

4.5 Account Suspension and Termination

Virgl reserves the right to suspend or terminate your account if any information provided during registration is found to be inaccurate, false, or misleading, or if you are found to be involved in activities that breach our Terms of Service, including but not limited to fraud, abuse of the services, or any activity that poses a risk to other users or the Virgl platform.

4.6 Consequences of Account Termination

Upon termination, you will lose all access to the platform and any data associated with your account. Virgl is not responsible for any loss or damage following the termination of your account. You may terminate your account voluntarily via the platform's user interface or by contacting our customer support directly.

4.7 Data Retention and Deletion

Upon account termination, whether by you or by Virgl, your personal data will be handled in accordance with our Privacy Policy regarding retention and deletion of data. Data may be retained by Virgl in compliance with legal obligations, to resolve disputes, and enforce our agreements.

5. User Content

5.1 Ownership and Rights

You retain ownership of any content you submit, post, display, or otherwise make available on the Virgl platform ("User Content"). This includes but is not limited to text, photos, videos, images, and comments. By posting User Content on Virgl, you grant Virgl a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media. You grant Virgl and our sublicensees the right to use the name that you submit in connection with such content if they choose.

5.2 Permissible Content

You agree not to post, upload, publish, submit or transmit any User Content that:
• Is unlawful, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
• Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
• Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains personal information of any third party, such as addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
• Contains viruses, corrupted data or other harmful, disruptive or destructive files; or
• Is unrelated to the page's topic or misleading to users (such as submitting unrelated content under specific requests).
Virgl takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Virgl liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

5.3 Content moderation

Virgl reserves the right, but is not obligated, to monitor and edit or remove any activity or content. We may remove or refuse to display any User Content that, in our sole judgment, violates these Terms or may harm the reputation of the Service or Virgl. However, we do not undertake to review all material before it is posted on the Virgl platform and cannot ensure prompt removal of objectionable material after it has been posted.

5.4 Reporting User Content

If you believe that any content on Virgl violates these Terms, please contact us immediately so we can consider its removal. For claims of intellectual property infringement, please follow our DMCA policy as detailed in the relevant section of these Terms.

5.5 Consequences of Violation

Violation of this User Content policy may result in a range of actions, including, but not limited to, removal of content, account suspension, and account termination. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

6. Privacy Policy

6.1 Data Collection and Use

Virgl Technologies SL ("Virgl," "we," "us," or "our") collects personal data when you register on our platform, use our services, or communicate with us. This data may include your name, contact information, payment details, and other information necessary to provide our services. We use this data to:
• Facilitate the creation and security of your account on the Virgl platform.
• Provide, operate, and improve our services.
• Process transactions and send related information such as confirmations and invoices.
• Communicate with you about products, services, offers, promotions, and events offered by Virgl and others, and provide news and information we think will be of interest to you.
• Monitor and analyze trends, usage, and activities in connection with our services.
• • Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Virgl and others.

6.2 Data Sharing and Disclosure

Virgl does not share or disclose your personal data to third parties except:
• To service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.
• If required by law, such as to comply with a subpoena or other legal process, or to comply with government reporting obligations.
• When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

6.3 Data Security

Virgl takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. We implement security measures designed to protect your data, including HTTPS. We also use secure socket layer technology (SSL) to encrypt the transmission of sensitive information.

6.4 International Data Transfers

Your information, including personal data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction. If you are located outside Spain and choose to provide information to us, please note that we transfer the data, including personal data, to Spain and process it there.

6.5 Your Rights

You have the right to request access to the personal information we hold about you, to request that we correct or update any personal information that is inaccurate, and to request the deletion of your personal data under certain circumstances. You also have the right to object to the processing of your personal data in some situations and, where we have asked for your consent to process your data, to withdraw this consent. These rights can be exercised using the contact information provided below.

6.6 Changes to Our Privacy Policy

We may update this privacy policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the privacy policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.

6.7 Contact Information

If you have any questions about this Privacy Policy, please contact us at [email protected].

7. Prohibited Activities

To maintain a safe and positive experience for all users of the Virgl platform, the following activities are strictly prohibited. Engaging in these activities may result in the immediate suspension or termination of your account, legal action, and notification to law enforcement authorities as appropriate.

7.1 Illegal Activities

Users are prohibited from using Virgl for any illegal purposes, including but not limited to:
• Conducting or promoting illegal gambling.
• Selling or distributing illegal substances or goods.
• Participating in or promoting human trafficking or exploitation.
• Engaging in fraudulent activities, including impersonating others or providing misleading information to deceive other users or Virgl.

7.2 Infringement of Intellectual Property

Users must not upload, post, or otherwise distribute content that infringes on the intellectual property rights of others, including copyrights, trademarks, patents, or trade secrets without express permission from the rights holder.

7.3 Harassment and Abuse

Virgl does not tolerate harassment, bullying, or abuse of any kind. This includes, but is not limited to:
• Sending unsolicited or harassing messages.
• Making threats of physical harm or destruction of property.
• Sharing private or confidential information without consent (doxxing).
• Creating or disseminating explicit or offensive content aimed at humiliating or harming others.

7.4 Hate Speech and Discriminatory Behavior

Virgl is committed to maintaining a community that is free from hate speech and discriminatory actions. Prohibited behaviors include:
• Advocating for or encouraging violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic.
• Posting content that promotes supremacist ideologies or groups known for advocating such views.

7.5 Manipulation and Interference

Users must not engage in activities that manipulate or interfere with the Virgl platform, including:
• Using bots, scrapers, or other automated methods to access the platform for any purpose without Virgl's express written permission.
• Introducing malicious software or exploiting platform vulnerabilities to disrupt service, access unauthorized data, or otherwise harm Virgl and its users.
• • Performing actions that impose an unreasonable or disproportionately large load on Virgl's infrastructure, or that disrupt or undermine the integrity of our systems.

7.6 Advertising and Solicitation

Without express permission from Virgl, users may not use the platform for commercial solicitation or advertising unrelated to the services offered by Virgl, including:
• Posting advertisements for non-Virgl services or products.
• Soliciting other users to join third-party services or websites that are competitors to Virgl without prior approval from Virgl.

7.7 Reporting Violations

We encourage users to report any suspected violations of these prohibited activities by contacting our support team at [email protected] or through the reporting tools available on the platform. Virgl will investigate all reports and take appropriate action to enforce these terms.

8. Fees and Payments

8.1 Fee Structure

Virgl provides a platform where users can purchase services offered by makers and businesses. The following outlines the fee structure and payment obligations associated with using the Virgl platform:
• Service Fees: Users are required to pay for the services they purchase through the Virgl platform. Prices are determined by the makers or businesses offering the services and are listed on the platform.
• Virgl Fees: In addition to service fees, Virgl charges a commission of 6% on all transactions processed through the platform. This fee covers administrative costs and the use of the Virgl platform.
• Payment Processing Fees: Payments are processed through Stripe, and processing fees may apply according to Stripe's terms and conditions.

8.2 Payment Processing

All financial transactions related to service purchases on the Virgl platform are conducted securely through Stripe. Virgl is not a party to the payment transactions and is not responsible for handling user payment information directly. The specific details of payment processing are:
• Stripe Connect: Stripe handles all aspects of payment processing, including card authorization, settlement, and storage of payment data.
• Security: Payment data is encrypted and securely processed without being stored on Virgl's servers to comply with PCI DSS standards.
• Currency: All payments on the Virgl platform are processed in Euros (EUR).

8.3 Refunds and Cancellations

Virgl's refund and cancellation policies are designed to protect both users and service providers:
• Cancellation by User: Users can cancel their bookings within the cancellation policy window set by the service provider. If a user cancels within the allowable time, a full refund will be issued, minus the Virgl commission.
• Cancellation by Service Provider: If a service provider cancels a booking, users will receive a full refund, including the Virgl commission. Additionally, service providers may be subject to penalties for cancellations, which are detailed in their service agreement with Virgl.
• No-Show Policy: Users failing to show up for a booked service without cancellation will not receive a refund.
• Dispute Resolution: In the event of a dispute regarding services, users and service providers are encouraged to resolve the issue amicably. If a resolution cannot be reached, Virgl will facilitate mediation based on the terms outlined in Section 15 (Dispute Resolution).

8.4 Modifications to Fees

Virgl reserves the right to modify any fees charged for the use of the platform at any time. Such changes will be communicated to users and service providers in accordance with the procedures outlined in Section 14 (Amendments to Terms).
• Notification: Users will be notified of any changes in fees or payment policies through the platform's notification system or via email.
• • Effective Date: Changes to fees will take effect immediately unless otherwise stated in the notification. Continued use of the platform after any fee changes constitutes acceptance of the new fees.

8.5 Payment Responsibilities

Users are responsible for ensuring that all payment information is accurate and that sufficient funds are available to complete transactions. Failure to complete payment may result in cancellation of the purchased services, and users may be subject to additional fees or penalties as outlined in the service agreement.

9. Intellectual Property

9.1 Ownership of Platform Content

All content and technology provided on the Virgl platform, including but not limited to text, graphics, logos, images, and software, are the exclusive property of Virgl Technologies SL and are protected by copyright and other intellectual property laws. Unauthorized use, reproduction, modification, or distribution of any content from the Virgl platform is strictly prohibited and may result in civil and criminal penalties.

9.2 User-Generated Content

Users may upload, share, or create content on the Virgl platform including but not limited to photos, videos, reviews, and comments. By posting content on Virgl, users grant Virgl Technologies SL a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such content in any form, media, or technology, whether now known or hereafter developed. This license includes the right to use your content for promotional purposes of Virgl or in connection with the service offered on the platform.

9.3 Intellectual Property of Others

Users must ensure that any content they post does not and will not violate the rights of any third party, including copyright, trademarks, privacy, or other personal or proprietary rights. Users agree to indemnify and hold harmless Virgl Technologies SL from any claims resulting from content they supply.

9.4 Copyright Policy

Virgl Technologies SL respects the intellectual property rights of others and expects users to do the same. We have a policy of removing content that violates the copyright of others, providing a process for submitting formal complaints of copyright violations which can be accessed via [email protected].

9.5 Third-Party Links and Content

The Virgl platform may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Virgl Technologies SL. Virgl does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Virgl platform, you do so at your own risk, and you understand that this Agreement and Virgl's Privacy Policy do not apply to your use of such sites.

9.6 Content Accuracy

Virgl Technologies SL does not guarantee the accuracy, completeness, or usefulness of any information on the platform and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will Virgl Technologies SL be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Virgl platform or transmitted to users.

9.7 Reporting Intellectual Property Infringements

If you believe that your intellectual property rights have been violated in any way by any content on the Virgl platform, please provide a notification of alleged copyright infringement containing the following details:
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Virgl Technologies SL is committed to respecting the intellectual property rights of others and expects its users to do the same. Any user found to be repeatedly infringing or violating the intellectual property rights of others will have their rights to use the Virgl platform terminated

10. Termination and Suspension

10.1 Right to Terminate or Suspend

Virgl Technologies SL reserves the right to suspend or terminate your account and access to the Virgl platform at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users, to Virgl's business, or to other information providers.

10.3 Process for Termination or Suspension

• Notification: Where feasible, Virgl will notify you of the suspension or termination of your account, along with the reasons for the action, unless notifying you would violate the law or compromise an investigation.
• Appeal Process: After suspension or termination, you may contact Virgl at [email protected] to discuss the reasons for the action and, where appropriate, how to restore access to your account.

10.4 Effects of Termination or Suspension

Upon termination or suspension, you lose access to your account and all associated data. Virgl Technologies SL reserves the right to delete all your information and account data stored on our servers if your account is terminated. Here are the specifics:
• Data Retention: Virgl may retain your data for a certain period post-termination as required by law or for legitimate business purposes.
• Access to Data: You may request access to your personal data or transfer of data as per applicable laws by contacting [email protected].

10.5 Legal and Regulatory Compliance

Virgl may suspend or terminate your account immediately if required by legal or regulatory demands that Virgl must comply with.

10.6 Modification or Discontinuation of Services

Virgl reserves the right at any time to modify or discontinue, temporarily or permanently, the platform (or any part thereof) with or without notice. You agree that Virgl shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the platform.

11. Disclaimers and Limitations of Liability

11.1 No Warranties

Virgl Technologies SL ("Virgl," "we," "us," or "our") provides the Virgl platform and its related services "AS IS" and without any warranty or condition, express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee continuous, uninterrupted, or secure access to our services, and operation of the Virgl platform may be interfered with by numerous factors outside of our control.

11.2 Accuracy of Information

While Virgl endeavors to provide accurate and timely information, the content on our platform may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein. Virgl may make changes in the products, services, and/or the programs described in this information at any time without notice. We make no commitment to update the information contained on the Virgl platform.

11.3 Liability Limits

To the extent permitted by law, Virgl, its affiliates, officers, directors, employees, agents, or suppliers shall not be liable for any indirect, special, incidental, or consequential damages (including but not limited to damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Virgl platform, any information provided on the platform, or any claim attributable to errors, omissions, or other inaccuracies in the platform.

11.4 Content Provided by Users

Virgl does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made through the platform by any party other than Virgl. Under no circumstances will Virgl be liable for any loss or damage caused by a user's reliance on information obtained through the platform. It is the responsibility of each user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the platform.

11.5 Third-Party Services

The Virgl platform may provide links to websites or resources outside of our platform. Because Virgl has no control over such sites and resources, you acknowledge and agree that Virgl is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Virgl 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 content, goods, or services available on or through any such site or resource.

11.6 Force Majeure

Virgl shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Virgl's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

11.7 Cap on Liability

To the maximum extent permitted by applicable law, Virgl's aggregate liability shall not exceed the amount you paid to us for the services in question.

11.8 Indemnification

You agree to indemnify and hold Virgl, its parents, subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Virgl platform, your violation of these Terms, or your violation of any rights of another.
These disclaimers and limitations do not affect your statutory rights as a consumer and are intended to be only as broad and inclusive as is permitted by the laws of your place of residence.

12. Indemnification

12.1 User Obligations

You agree to indemnify, defend, and hold harmless Virgl Technologies SL ("Virgl"), its affiliates, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.

12.2 Scope of Indemnification

This indemnification obligation will survive the termination of your account or use of Virgl's services and applies to claims arising from:
• Any breach of these Terms of Service by you or anyone utilizing your account;
• Your use or misuse of the platform;
• The posting or transmission of content or your conduct on the platform;
• Any intellectual property infringement by you or your account;
• Any violation of laws or rights of any third party by you.

12.3 Defense and Control of Claims

Virgl reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Virgl in asserting any available defenses. You agree not to settle any matter without the prior written consent of Virgl.

12.4 Notification and Cooperation

You agree to promptly notify Virgl of any third-party claims, cooperate with Virgl in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys' fees). You agree that the provisions in this section will survive any termination of your account, the Terms of Service, or your access to Virgl services.

13. Governing Law

13.1 Applicable Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles.

13.2 Jurisdiction

By using the Virgl platform, you agree that the courts of Granada, Spain, will have exclusive jurisdiction to resolve any disputes that may arise under these Terms of Service or your use of the platform. This includes any claims involving Virgl Technologies SL or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

13.3 Legal Compliance

You are responsible for complying with all local laws applicable to your use of the Virgl platform, regardless of the jurisdiction in which you reside or from where you access the platform.

13.4 Binding Nature of Arbitration

As further detailed in the Dispute Resolution section of these Terms, you are agreeing to submit to the final and binding arbitration the resolution of any disputes arising under these Terms of Service, renouncing specifically to any other jurisdiction that may correspond due to your present or future domicile or for any other reason.

14. Amendments to the Terms

14.1 Right to Modify Terms

Virgl Technologies SL ("Virgl") reserves the right, at its sole discretion, to modify, alter, or otherwise update these Terms of Service ("Terms") at any time. Such amendments will be effective immediately upon the posting of the updated Terms on the platform. We will provide advance notice of these changes when it is required by law or deemed necessary by us.

14.2 Notification Process

Changes to the Terms will be communicated through one or more of the following methods:
• A posting on the platform, visible upon login.
• An in-app notification.
• An email to the address associated with your account.
• Through the platform's chat feature, for immediate changes.

14.3 Responsibility to Review Changes

It is your responsibility to periodically review the most current version of the Terms as posted on the platform. Continued access or use of the platform after any such changes shall constitute your consent to such changes and satisfaction with the amended Terms.

14.4 Effective Date of Changes

Unless otherwise stated in our notice, the amended Terms will automatically be effective seven (7) days after they are initially posted on the platform. During this period, you are encouraged to review the revised Terms.

14.5 Acceptance of Amended Terms

By continuing to use the Virgl platform after the effective date of any amendments to these Terms, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the platform and deactivate your account.

14.6 Archiving Previous Versions

Previous versions of our Terms of Service will be archived and available upon request. This ensures transparency and allows users to access historical versions for review.

15. Dispute Resolution

15.1 Overview

Virgl Technologies SL ("Virgl") is committed to resolving disputes arising under these Terms of Service ("Terms") or related to your use of the Virgl platform in a fair and timely manner. We encourage users to contact our customer support team initially to seek a resolution for any issues.

15.2 Initial Dispute Resolution

Before pursuing any formal dispute resolution procedures, users should contact Virgl's customer support at [email protected]. We aim to resolve disputes informally at this stage within thirty (30) days of notification.

15.3 Mediation

If the dispute cannot be resolved through initial customer support efforts, both parties agree to participate in good faith in the mediation process, which shall be a prerequisite to initiating any arbitration or lawsuit. Mediation will be conducted by a mutually agreed upon mediator or through a mediation service identified by Virgl. The costs of any mediation shall be shared equally by the parties, unless agreed upon differently during the mediation process.

15.4 Binding Arbitration

Should mediation fail to resolve the dispute, both parties agree that any unresolved disputes will be submitted to binding arbitration under the rules of the Cámara de Comercio de Granada. The arbitration will be conducted:
• By a single arbitrator appointed in accordance with the said rules.
• In Granada, Spain, unless both parties agree to a different location.
• In the Spanish language.

15.5 Arbitration Procedure

• The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these binding arbitration terms.
• No arbitration shall be combined with another without the prior written consent of all parties.
• All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential.
• The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms.

15.6 Enforcement of Arbitration Award

The award rendered by the arbitrator shall be final and binding on both parties, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

15.7 Exceptions to Arbitration

The parties agree that the following disputes are not subject to the above provisions concerning binding arbitration:
• Any disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use.
• Any claim for injunctive relief.

15.8 Changes to Dispute Resolution Terms

If Virgl makes any future changes to the arbitration agreement stated in this section (other than a change to Virgl's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Virgl's address for Notice. It is important that you notify Virgl in writing of your decision to opt-out of any changes to the arbitration agreement, as failure to do so will mean that you have consented to any such changes.

15.9 Severability

If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the section shall continue in full force and effect.

16. Miscellaneous Provisions

16.1 Force Majeure

Virgl Technologies SL ("Virgl") shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Virgl's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference). Such force majeure events may include natural disasters, wars, terrorism, government actions, pandemics, or any other conditions beyond the control of Virgl.

16.2 Severability

If any provision of these Terms of Service is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Service unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

16.3 Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Virgl without restriction. Any attempted transfer or assignment in violation hereof shall be considered null and void.

16.4 No Waiver

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Virgl's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

16.5 Entire Agreement

These Terms of Service, together with any amendments and any additional agreements you may enter into with Virgl in connection with the Service, shall constitute the entire agreement between you and Virgl concerning the Service. These Terms supersede and replace any prior agreements between you and Virgl regarding the Service.

16.6 Amendments

Virgl reserves the right to amend or replace these Terms of Service at any time. If we make changes that are material, we will let you know by posting on our platform or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using Virgl within the designated notice period. Your continued use of Virgl will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

16.7 Headings

The headings in these Terms of Service are for convenience only and shall not be used to limit or construe the contents of any provision of this Agreement.

16.8 Governing Language

If there is any inconsistency between the English version of the Terms of Service and any translation, the English version shall always prevail.

16.9 Third Party Rights

These Terms of Service do not give rise to any third party beneficiary rights. Third parties do not have any rights to enforce any terms of these Terms of Service against either the platform or its users.

17. End User License Agreement (EULA)

By downloading, installing, or using the Virgl application, you agree to be bound by the terms of this End User License Agreement (EULA). Virgl Technologies SL grants you a limited, non-exclusive, non-transferable, and revocable license to use the Virgl application solely for your personal, non-commercial use. You may not modify, distribute, sell, or lease any part of our services, nor may you reverse engineer or attempt to extract the source code of the software, unless laws prohibit those restrictions or you have our written permission. This license is granted subject to your compliance with these Terms and all other policies.
Virgl maintains a zero-tolerance policy for objectionable content and abusive behavior. Users are strictly prohibited from posting, transmitting, or sharing content that is illegal, offensive, threatening, defamatory, obscene, or otherwise objectionable. Any form of harassment, abuse, or harm towards other users will result in immediate termination of your account and license to use the application. Virgl reserves the right to terminate your license to use the application at any time, for any reason, and without notice.

18. Contact Information

For any questions, concerns, or comments about these Terms of Service or the services provided by Virgl Technologies SL, users can contact us through the following means: Email: You can reach our support team by sending an email to [email protected]. We aim to respond to all inquiries within 48 hours.
Postal Address: Virgl Technologies SL. Puerta Real, 1,Granada, Spain Please send any formal notices or legal correspondence to this address.
Online Support Form: Users can also contact us via our online support form available on our website viral.app/support. Please fill out the form with your details and query, and our support team will get back to you as promptly as possible.
Social Media: You can also reach out to us through our official social media channels: • Instagram: https://www.instagram.com/virglapp/ We encourage users to use these channels for quick queries and updates about our services. For more detailed support or formal communications, please use email or the online support form. DMCA Contact Information: For copyright infringement claims under the Digital Millennium Copyright Act
(DMCA), please contact: Email: [email protected] Address: Puerta Real, 1 - Granada - Spain. This contact information is intended for copyright notifications only.
Technical Support: For technical issues with our app or services, please contact our technical support directly at [email protected].
Feedback and Suggestions: We value your feedback and are always looking for ways to improve our services. Please share your suggestions with us via [email protected].