Draft notice. This page is a first-draft legal template prepared for Valkern OS. It is not a substitute for advice from qualified legal counsel in Rwanda and the United States, and every [TODO: placeholder] below must be completed before this document is published as final. The authoritative version of this document is the English version; any translation is provided for convenience.
1. Parties and acceptance
These Terms of Service (“Terms”) are an agreement between you (and, if applicable, the organization you represent) and whichever of the following operates Valkern OS in your region:
- Urugero & Family Ltd, registered in Rwanda (registration number [TODO: Urugero & Family Ltd RDB registration number], registered address [TODO: registered address, Rwanda]), for customers located in Rwanda and the rest of East Africa.
- Fivorana LLC, a Wyoming, USA limited liability company (registration number [TODO: Fivorana LLC Wyoming registration number], registered address [TODO: registered address, Wyoming, USA]), for international customers (customers outside Rwanda and East Africa).
By creating an account, accessing, or using Valkern OS, you agree to be bound by these Terms. If you are agreeing on behalf of an organization, you represent that you have authority to bind that organization.
2. The service
Valkern OS is a composable business software platform (operations, integrations, analytics, and related tools) offered as a subscription service. We may add, change, or remove features, and the service will continue to evolve; we will use reasonable efforts to give notice of changes that materially reduce functionality you rely on.
3. Accounts and eligibility
You must provide accurate registration information and keep your account credentials secure. You are responsible for activity that occurs under your account and for the users your organization invites. You must have authority to enter into these Terms and be old enough to do so under the law that applies to you.
4. Acceptable use
You agree not to:
- use the service for any unlawful purpose or in violation of any applicable law or regulation;
- attempt to gain unauthorized access to the service, other accounts, or underlying infrastructure;
- interfere with or disrupt the integrity or performance of the service;
- reverse-engineer, decompile, or attempt to extract source code except as permitted by applicable open-source licenses;
- upload malicious code or use the service to store or transmit content that infringes another party’s rights; or
- resell or provide the service to third parties outside your organization without our written consent.
5. Fees, billing, taxes, and refunds
Valkern OS is billed as a monthly (or otherwise agreed periodic) subscription, at the rates described on our pricing page or in your order form. Fees are exclusive of applicable taxes unless stated otherwise; you are responsible for any taxes associated with your purchase, other than taxes on our net income. Except where required by law or expressly stated otherwise, fees already paid are non-refundable; unused prepaid periods on cancellation are handled as described at the point of purchase or in your order form.
6. Customer data ownership
As between you and us, you (or your organization) own the business data you enter into Valkern OS — including inventory, sales, financial, customer, and, where applicable, patient records. We process this data solely to provide, maintain, and support the service, as described in our Privacy Policy. On termination, we will make your data available for export for a reasonable period as described in your order form or on reasonable request.
7. Intellectual property
Valkern OS, including its software, design, trademarks, and documentation, is owned by Urugero & Family Ltd and/or Fivorana LLC (as applicable) and our licensors. Except for the limited right to use the service under these Terms, no rights are granted to you in our intellectual property. Where portions of Valkern OS are distributed under an open-source license, that license governs those portions to the extent it conflicts with these Terms.
8. Third-party services
Valkern OSintegrates with third-party services you may choose to enable — including payment providers (e.g. MTN Mobile Money, Flutterwave, Paystack, Stripe) and fiscal/tax integrations (e.g. Rwanda Revenue Authority EBM/VSDC fiscalization). Those services are provided by independent third parties under their own terms, and we are not responsible for their acts, omissions, availability, or performance. Your use of a third-party service is at your own risk and subject to that provider’s terms.
9. Warranties and limitation of liability
The service is provided “as is” and “as available,” without warranties of any kind, express or implied, except as expressly stated in these Terms or required by applicable law. To the maximum extent permitted by law, neither Urugero & Family Ltd nor Fivorana LLC will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising out of or related to your use of the service, even if advised of the possibility of such damages. Our aggregate liability for any claim arising out of these Terms will not exceed the amount you paid us for the service in the twelve (12) months preceding the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.
10. Suspension and termination
We may suspend or terminate access to the service if you materially breach these Terms and do not cure the breach within a reasonable period after notice, if required by law, or to prevent harm to the service, other customers, or third parties. You may cancel your subscription at any time as described in your order form or account settings. On termination, your right to access the service ends, subject to the data-export provisions in Section 6.
11. Governing law and disputes
If you contract with Urugero & Family Ltd (customers in Rwanda and the rest of East Africa), these Terms are governed by the laws of Rwanda, and disputes will be submitted to the competent courts of [TODO: governing-law city, Rwanda].
If you contract with Fivorana LLC (international customers), these Terms are governed by the laws of the State of Wyoming, USA, without regard to its conflict-of-laws principles, and disputes will be submitted to the competent courts of Wyoming, USA.
12. Changes to these Terms
We may update these Terms from time to time. We will post the updated version here with a new effective date, and where changes are material, we will provide additional notice (e.g. by email or in-product notice) before they take effect. These Terms were last updated on [TODO: effective date].
13. Contact
Questions about these Terms can be sent to [email protected].