Terms of Service
The terms governing your use of Vyrobek's website, platform, and services.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Vyrobek Ltd ("Vyrobek", "we", "us", or "our"), a company registered in England and Wales. By accessing or using our website at vyrobek.com, our enterprise platform, or any of our consulting services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.
1. Acceptance of Terms
By accessing or using the Services, you confirm that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
2. Description of Services
Vyrobek provides product management consultancy, managed product management services, and an enterprise product management platform (the "Platform"). The specific scope, deliverables, and terms of any consultancy or managed service engagement will be set out in a separate Statement of Work or service agreement between you and Vyrobek.
3. User Accounts
3.1 Registration
To access the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
3.2 Account Security
You must notify us immediately at [email protected] if you become aware of any unauthorised access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or if your account has been inactive for an extended period. We will provide reasonable notice where practicable.
4. Acceptable Use
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party right.
- Upload or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.
- Attempt to gain unauthorised access to the Platform, other user accounts, or any systems or networks connected to the Services.
- Introduce viruses, malware, or any other harmful code.
- Use automated tools (bots, scrapers, crawlers) to access or collect data from the Services without our prior written consent.
- Reverse engineer, decompile, or disassemble any aspect of the Platform.
- Resell, sublicense, or redistribute access to the Platform without our written authorisation.
5. Intellectual Property
5.1 Our Intellectual Property
The Services, including the Platform, website, documentation, branding, design, code, and all related content, are owned by Vyrobek or its licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Services as permitted herein.
5.2 Your Content
You retain ownership of any data, content, or materials you upload to or create within the Platform ("Your Content"). By using the Services, you grant Vyrobek a limited, non-exclusive licence to host, process, and display Your Content solely for the purpose of providing the Services to you. We will not use Your Content for any other purpose without your consent.
5.3 Consultancy Deliverables
Unless otherwise agreed in a separate Statement of Work, all deliverables created during a consultancy engagement (including reports, frameworks, playbooks, and recommendations) are owned by Vyrobek and licensed to you for internal use. Custom work-for-hire arrangements may be agreed upon in writing.
6. Fees and Payment
6.1 Platform Fees
Access to the Platform may be subject to subscription fees as set out in your service agreement. All fees are quoted in GBP unless otherwise stated and are exclusive of VAT and other applicable taxes.
6.2 Consultancy Fees
Fees for consultancy and managed product management services will be agreed upon in a separate Statement of Work. Payment terms are net 30 days from invoice date unless otherwise agreed.
6.3 Late Payment
We reserve the right to charge interest on overdue invoices at a rate of 4% above the Bank of England base rate, calculated daily from the due date until the date of actual payment. We may also suspend access to the Services if payment is significantly overdue.
7. Confidentiality
Each party agrees to keep confidential all non-public information received from the other party ("Confidential Information") and to use such information only for the purpose of performing its obligations under these Terms or the applicable service agreement. This obligation does not apply to information that is publicly available, independently developed, or rightfully received from a third party without restriction.
8. Data Protection
We process personal data in accordance with our Privacy Policy and applicable data protection law, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Where we process personal data on your behalf through the Platform, we will enter into a Data Processing Agreement with you upon request.
9. Disclaimers
9.1 Service Availability
We strive to maintain high availability of the Platform but do not guarantee uninterrupted or error-free service. We may perform scheduled maintenance with reasonable advance notice. We are not liable for any downtime, data loss, or disruption resulting from maintenance, technical failures, or events beyond our reasonable control.
9.2 Consultancy Advice
Our consultancy services provide professional advice and recommendations based on our experience and expertise. However, all business decisions remain your responsibility. We do not guarantee specific business outcomes, revenue increases, or market results from our advice or services.
9.3 No Warranty
To the maximum extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
- Vyrobek's total aggregate liability for any claims arising from or relating to these Terms or the Services shall not exceed the total fees paid by you to Vyrobek in the twelve (12) months preceding the event giving rise to the claim.
- In no event shall Vyrobek be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunity, or goodwill, regardless of the cause of action or theory of liability.
- Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
11. Indemnification
You agree to indemnify, defend, and hold harmless Vyrobek and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to your use of the Services, your breach of these Terms, or your violation of any law or third-party right.
12. Term and Termination
These Terms are effective from the date you first access the Services and continue until terminated. Either party may terminate these Terms by providing 30 days' written notice. Upon termination, your access to the Platform will be revoked and you must cease using the Services. Sections relating to intellectual property, confidentiality, limitation of liability, and governing law shall survive termination.
13. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such changes constitutes acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Services.
14. General Provisions
- Governing Law: These Terms are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any disputes arising from these Terms.
- Entire Agreement: These Terms, together with any applicable Statement of Work and the Privacy Policy, constitute the entire agreement between you and Vyrobek regarding the Services.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Vyrobek Ltd
London, United Kingdom
Email: [email protected]