Terms of Use

1. Agreement to these terms

These terms are a binding agreement between you and VirtuaTech governing your access to and use of virtuatech.co and its subdomains (the "Site"). By accessing the Site you accept these terms. If you do not accept them, do not use the Site. If you use the Site on behalf of an organisation, you confirm you have authority to bind that organisation.

2. These terms cover the Site, not our services

Nothing on the Site creates a services relationship. Any work we perform for a client is governed exclusively by a separate written agreement signed by both parties. Where that agreement and this page conflict, the signed agreement prevails for everything concerning the services, including scope, fees, timelines, ownership of deliverables, warranties, confidentiality and liability.

3. No offer and no acceptance

Descriptions of what we build, examples of past work, and any indication of approach on the Site are information, not an offer capable of acceptance. No contract is formed by submitting an enquiry, and we may decline any enquiry for any lawful reason.

4. Language

The Site and our services are available in French and in English. Where a translated version of these terms is provided for convenience and differs from the English version, the English version governs, except where applicable consumer or language law requires otherwise, in which case the version in the language required by that law governs.

5. Results, testimonials and forward-looking statements

We make no representation, warranty or guarantee about results. Client quotes and outcomes shown on the Site are genuine, are published with permission, and describe what occurred in a specific practice, in a specific market, with that client's own effort and circumstances. They are illustrative and are not a promise, projection, or statement of typical results. Your results will differ, and may be materially worse.

Any figure on the Site describes a past event. It is not a forecast. No revenue, close rate, lead volume, ranking or timeline is promised anywhere on the Site, and no employee, contractor or representative has authority to promise one on our behalf outside a signed agreement.

6. Intellectual property

The Site, including its design, layout, code, copy, structure, animations, sound and the VirtuaTech name and marks, is owned by VirtuaTech and protected by copyright and other laws. Client names, logos and product screenshots remain the property of those clients and appear to identify work performed.

You may view the Site, link to it, and quote short extracts with clear attribution and a link. You may not copy, reproduce, republish, reverse-engineer, or create derivative works from the Site or its code; present our work as your own; use our marks in a way that suggests endorsement or partnership that does not exist; or remove any proprietary notice.

7. No professional advice

VirtuaTech is an engineering practice. It is not a financial adviser, investment adviser, securities dealer, mortgage broker, real estate broker, accountant, tax adviser or law firm, and it is not regulated as any of those. Nothing on the Site is financial, investment, tax, legal or regulatory advice, and nothing on it should be relied on as such. You remain solely responsible for your own regulatory and compliance obligations, and for obtaining advice from a qualified professional before acting.

8. Acceptable use

You agree not to:

• Probe, scan, overload, disrupt or attempt to gain unauthorised access to the Site or any system connected to it.
• Scrape, crawl or harvest the Site by automated means beyond ordinary search-engine indexing, or use its content to train a machine learning model, without our prior written permission.
• Use the Site to send unsolicited commercial messages, to impersonate anyone, or to misrepresent your identity or affiliation when contacting us.
• Use the Site in breach of any applicable law, or in any way that infringes the rights of others.

We may restrict or terminate your access to the Site at any time, without notice, if we reasonably believe you have breached these terms.

9. Site provided as is

The Site is provided "as is" and "as available", without warranty of any kind, whether express, implied or statutory. To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy and uninterrupted availability. We do not warrant that the Site will be error free, secure, or free of harmful components, and we may change, suspend or withdraw any part of it at any time without notice or liability.

10. Limitation of liability

To the fullest extent permitted by law, VirtuaTech, its founder, personnel and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of profit, revenue, business, goodwill, opportunity, data or anticipated savings, arising out of or in connection with your use of the Site, whether in contract, tort (including negligence), statute or otherwise, and whether or not we were advised of the possibility.

Our total aggregate liability arising out of or in connection with the Site is limited to one hundred United States dollars (USD $100), which you accept as a reasonable allocation of risk given that access to the Site is provided free of charge.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, for fraudulent misrepresentation, or for death or personal injury caused by negligence. If you are a consumer, these terms do not affect your mandatory statutory rights.

11. Indemnity

You agree to indemnify and hold harmless VirtuaTech, its founder, personnel and contractors from any claim, demand, loss, liability, cost or expense, including reasonable legal fees, arising from your breach of these terms, your misuse of the Site, or your infringement of any third-party right through your use of the Site.

12. Governing law and disputes

These terms are governed by the laws of the State of New Mexico and applicable federal laws of the United States, without regard to conflict-of-laws rules. The state and federal courts located in Bernalillo County, New Mexico have exclusive jurisdiction, and you consent to that jurisdiction and venue.

If you are a consumer resident in the European Union, the United Kingdom, Switzerland or another jurisdiction whose law gives you the right to bring proceedings in your place of residence or to rely on your local mandatory consumer protections, that right is not affected by this clause.

Before starting proceedings, you agree to contact us at infos@virtuatech.co and allow thirty days for a good-faith attempt to resolve the matter.

13. Third-party sites and services

The Site links to third-party destinations, including client websites, LinkedIn, and a client login hosted at app.virtuatech.co. We do not control those destinations, do not endorse their content, and are not responsible for their availability, their content, or their privacy and security practices. Your use of them is governed by their own terms.

14. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these terms.

15. Changes to these terms

We may update these terms. The date at the top of this page shows the current version, and continued use of the Site after a change means you accept the updated terms. Material changes will be reflected in that date, and we recommend reviewing this page before relying on it.

16. General

If any provision of these terms is found unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions stay in full force. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them as part of a reorganisation or sale of the business. These terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Site, and supersede any prior understanding about it.

17. Contact

Questions about these terms: infos@virtuatech.co.