Unless otherwise explained, the following terms are understood and used consistently in the Agreements:
1.1. Viindoo or We: Viindoo Technology Joint Stock Company (international trading name: Viindoo Technology JSC.), legally established and operating under Business Registration Certificate No. 0201994665 issued by the Department of Planning and Investment of Hai Phong City; Head office: 6th Floor, Taiyo Building, 97 Bach Dang Street, Ha Ly Ward, Hong Bang District, Hai Phong City; is the owner and operator of Viindoo Enterprise Management Software.
1.2. Viindoo Enterprise Management Software: Also known as "Viindoo Software"; is an enterprise management software operated and developed by Viindoo based on the open-source software platform Odoo Community Edition (owned by Odoo S.A) using cloud computing technology. Viindoo Software is a collection of applications that meet business management solution needs.
1.3. Customer (s) or You: Any individual, organization, or entity that registers to use the services on the Website.
1.4. Viindoo Services: The products and services provided on this Website by Viindoo, including
- Viindoo SaaS Subscription;
- Viindoo Software Implementation and Consultancy Service;
- Training on using Viindoo Software Solution Service.
Customizing and Developing features of Viindoo Software on demand Service is provided based on survey results, analysis, and workload for specific Customer groups. Therefore, the terms and regulations for this service will be complied with under the service contract (in writing) concluded by Viindoo and the Customer.
1.5. Viindoo System: Viindoo System is the Software that Customers register to use according to our plans listed on the Pricing on the Website.
1.6. User Account: The account is granted access rights to use the Viindoo System.
1.7. Administrator Account: The Administrator Account is the only User Account with all access rights on the Viindoo System.
1.8. Invoice(s): The electronic valid value-added tax invoice issued by Viindoo, with a value corresponding to the Viindoo Service charge that You register to use.
1.9. Content: All types of text, content, images, graphics, videos, software, and other related content available on the Website and/or related to the Viindoo Service.
1.10. Module: Is one or more computer software capable of extending the features and is installed and worked compatibly with the Viindoo Software, including
a) Standard Module: The module that is integrated into the Viindoo Software and can be installed on the Viindoo Software by the Customer; and
b) Customization Module: The module that is not integrated into the Viindoo Software, will be developed by Viindoo to adjust and supplement the existing features as required by the Customer.
1.11. General Terms: The entire content of this Terms of Service is on the Viindoo website.
2. WEBSITE CONTENT
2.1. Intellectual property
a) The Contents on the Website, including all or part of the brand, trademark, logo, image, symbol, icon, software, text, and other contents are the property of Viindoo and/or the information content controlled or legally licensed to us by Viindoo. The Viindoo brand includes the logo, name, color, icon, Viindoo Service trademark, and other intellectual property rights as prescribed by law displayed on the Website.
b) Any act of changing, deleting, canceling, falsifying, copying, disclosing, displaying, unlawfully moving, or using any part or all of this material for commercial or public purposes without our prior written consent is illegal. This use is considered legal if it meets the following criteria:
(i) For the sole purpose of transacting with Viindoo;
(ii) When used, the source must be cited, the original link to Website and materials must be maintained, the integrity of the information must be preserved, and Viindoo's intellectual property rights to these intellectual property assets on the website must be ensured.
c) The applications, software, drivers, or other computer programs and/or all other design details, technical manuals or guides, drawings, or other data (collectively referred to as "User Documentation") provided by Viindoo during the use of the Website and/or Viindoo Services, the use, and storage of the User Documentation must comply with the terms and conditions of the license or usage (such as end-user license, restrictions, or usage conditions) as prescribed by Viindoo or the licensor and must not be used for purposes that are inconsistent with those terms and conditions.
d) You may use files, images, software, and programs created by Viindoo that are available for download within the permitted limits and not for commercial purposes, but this permission does not mean that Viindoo has granted you the right to exploit the copyright. You are not allowed to download files for reproduction, publication, notification, transfer, or distribution. Additionally, You must comply with other instructions that we establish when you want to use these files.
2.2. Posting content on the Website
You may post Content in certain areas of the Website (for example forums, Q&A, etc.) and are solely responsible for the legality of what you have posted. You agree not to post:
a) Content that is illegal, harmful, threatening, abusive, harassing, alarming, deceptive, defamatory, obscene, vulgar, invasive of another's privacy or discriminatory based on race, ethnicity, religion;
b) Content that involves minors or uses the Website and/or Viindoo Services to harm minors in any way;
c) Content that impersonates any individual or organization, or in any way distorts individuals or organizations;
d) Content that falsifies headings or uses other means to conceal the origin of any Content transmitted through the Viindoo Services.
3.1. Viindoo respects the privacy and strictly complies with regulations on consumer information security. We only use your information provided to serve the process of using Viindoo Services. Please refer to the
3.2. If you found that personal information is being used for the wrong purpose or in violation of the scope of use, You have the right to send a complaint Email through our support channels along with evidence related to the issue. We commit to responding promptly within 24 hours to discuss a solution with You.
4. BEHAVIORS NOT PERMITTED
The Customer agrees, when using the Website and/or Viindoo Services, not to engage in the following actions:
4.1. Engage in fraudulent activities or actions that violate these General Terms or any relevant laws applicable to the Website and/or Viindoo Service provider;
4.2. Misuse Viindoo Services beyond the allotted resources or violate regulations for each specific type of Viindoo Services;
4.3. Use the Content on Website to send unsolicited emails or advertisements without the recipient's consent;
4.4. Unauthorized use of Content or intellectual property on the Website, or providing information or images owned by another subject protected by Vietnamese and international laws;
4.5. Post, email, transmit, distribute, or otherwise disseminate any material containing software viruses or other computer codes, files, or programs designed to interfere with, destroy, or limit the functions of computer hardware or software or telecommunications equipment;
4.6. Impersonate any person or entity, including any Viindoo officer or employee, or spread slander, falsehoods, or misrepresent your identity as another person or entity;
4.7. Fail to comply with requirements, regulations, policies, or conduct that interferes with the use or enjoyment of others;
4.8. If We discover that you have gained unauthorized access to and use of the Website and/or Viindoo Services, We may immediately terminate these General Terms and/or your access to the Website and/or Viindoo Services without prior notice, accompanied by claims for damages (if any) arising from the breach.
5. CUSTOMERS' RIGHTS AND OBLIGATIONS
5.1. The Customer is entitled to full benefits and is responsible for fulfilling all obligations of the service user in accordance with the laws and our Agreements.
5.2. The Customer confirms and warrants that:
a) You have full civil act capacity (for minors, valid consent from parents or legal guardians is required), legal rights, and ability to enter into this General Terms and Viindoo Agreements;
b) You only use Viindoo Services for lawful purposes and in accordance with the provisions of these General Terms as well as all applicable laws, regulations, standards, instructions, policies, and regulations.
5.3. The Customer is the direct manager, maintaining the right to use their services and commits to taking responsibility for any consequences that may arise in case of violation of Viindoo Services usage regulations by the Customer and/or User Accounts, or due to irresponsible management.
5.4. The Customer is fully responsible for implementing measures to prevent any damage or destruction to data or resources of Viindoo Services provided to them.
5.5. The Customer is responsible for providing information and must take legal responsibility for use and accuracy of the information they provide while using Viindoo services. In case of any changes in information that directly affect their rights (such as information displayed on invoices), the Customer must notify within 7 (seven) days from the date of change to ensure accurate and complete information. Viindoo is not legally liable, responsible for compensation, or jointly responsible for any consequences or damages arising from the Customer's failure to comply with this regulation.
5.6. The Customer is responsible for maintaining the security of the password and account when using Viindoo Services and is liable for all activities that occur through the use of the password or account.
5.7. The Customer is responsible for complying with policies regarding software copyright, authorship rights, invention rights, patents, etc. when using the Website and/or Viindoo Services.
5.8. The Customer takes full legal responsibility for any actions that violate legal regulations while using the Website and/or Viindoo Services.
5.9. Other rights and obligations as stated in this General Terms.
6. VIINDOO'S RIGHTS AND RESPONSIBILITIES
6.1. As a provider of the Viindoo Services, We have all the rights and obligations of a service provider according to the law.
6.2. Viindoo commits to supporting and guiding Customers in using the Viindoo Services during the registration period. Your rights and obligations will be based on the registered Viindoo Services.
6.3. We will receive and handle your complaints related to Viindoo Services' quality during use, provided that You have provided complete, honest, and accurate information as required in this General Term.
6.4. Viindoo is responsible for implementing preventive measures to secure data from loss, misuse, unauthorized access, or destruction. We have the right to request Customers' cooperation to verify information if there is suspicion of inaccurate information or falsification of information.
6.5. Depending on the severity and nature of your violation, Viindoo has the right to unilaterally suspend, cancel, or terminate the provision of services under Section 8 of this General Terms, and/or transfer the case to competent authorities to request resolution as provided for by laws.
6.6. Viindoo may send information about your account, transactions, services information, promotional and privilege programs, product introductions, important notifications, and other information to the registered Email.
7. TERMS OF PAYMENT
Customers are requested to pay 100% of the Viindoo Services fee in advance through the approved methods stated in the Payment and Refund Policy . Other payment regulations will also be carried out in accordance with the Payment and Refund Policy.
8. TEMPORARY SUSPENSION AND TERMINATION OF SERVICE
8.1. Viindoo Services shall be terminated/suspended according to the agreement of both parties or upon the expiration date of the contract.
8.2. Viindoo has the right to suspend or unilaterally terminate the provision of Viindoo Services in the following cases:
a) Customers violate the provisions in the General Terms, violate other terms in Viindoo's Agreements during the use of the Website and/or Viindoo Services;
b) Customers violate payment obligations according to the regulations of each Viindoo Services registered for use;
c) The operation of using the Website and/or Viindoo Services or Customer data has potential security risks or affects Viindoo Software;
d) The Website and/or Viindoo Services are used by Customers to participate in attacks, send spam, illegal activities, or use the Website and/or Viindoo Services of Customers that harm Viindoo and other parties.
e) Upon the request of the competent authority.
9. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
9.1. Viindoo Website and/or Viindoo Services may experience incidents beyond our control that affect the supply of services to Customers. We will try to rectify errors to ensure your satisfaction. However, We are not responsible for providing support or compensation to Customers for any risks and damages (if any), except in cases where Viindoo Services specifically provide compensation commitments.
9.2. Viindoo is not legally responsible, liable, or jointly responsible for any consequences or damages arising from the Customer's failure to comply with the provisions of this General Terms.
9.3. Viindoo does not guarantee the restoration of data in the event of virus infection or deletion of viruses and other harmful factors when issues occur. We are also not responsible for any loss of data or any damage related to Customer data that is not caused by Viindoo.
9.4. You agree to protect, indemnify and hold Viindoo harmless from any legal obligations, lawsuits, losses, and expenses, including but not limited to fees, lawyer fees, and consulting fees related to the resolution of or arising from your violation while using the Website and/or Viindoo Services.
9.5. You understand and agree that We shall not be liable for any damages and consequences arising (including but not limited to damages to profits, reputation, data use, or other consequential damages, even if we have advised you of the possibility of such damages) from:
a) Viindoo Website and/or Viindoo Services, Viindoo materials;
b) Your ability to use or not use the Website and/or Viindoo Services;
c) Unauthorized access or modification of data or information that you transmit;
d) Actions of any third party on the Viindoo Services;
e) Services or messages sent or received through the use of the Website and/or Viindoo Services; or
f) Any other issues related to the Website and/or Viindoo Services, Viindoo materials.
10. FORCE MAJEURE
10.1. "Force Majeure Event" means events including but not limited to acts of God, fire, accidents, earthquakes, floods, strikes, riots, civil unrest, uprisings, embargoes, wars, changes or additions, the termination of laws, regulations or actions of competent state agencies, or any other objectively unforeseeable event that cannot be overcome despite the application of all necessary measures and within the capabilities of the Parties to affect the performance of this General Terms. However, in any case, the financial shortage of any Party shall not be considered a Force Majeure Event.
10.2. Within 10 (ten) working days from the date of the Force Majeure Event, the affected Party must notify the other Party in writing/email about the details of the entire Force Majeure Event. In case of no notification or neither Party receiving notification of the Force Majeure Event of the other Party, it shall be understood that no Force Majeure Event has occurred.
10.3. The termination of this General Terms by a Party due to a Force Majeure Event does not exempt that Party's obligations that have arisen before the occurrence.
10.4. The failure of a Party to fulfill its obligations due to a Force Majeure Event shall not be the basis for the other Party to terminate this General Terms, except where otherwise provided by Vietnamese law. In the event of a Force Majeure Event, the time for performing this General Terms shall be extended by the duration of the Force Majeure Event.
11. DISPUTE RESOLUTION
11.1. We are ready to explain and support you during your use of Viindoo Services at any time, in accordance with the terms set out in the Warranty and Technical Support.
11.3. If negotiation and reconciliation fail to produce a result, either Party has the right to initiate legal proceedings and request that the competent People's Court in Hai Phong resolve the dispute in accordance with the law. Any costs arising from or related to the dispute resolution process in the winning party's court (including but not limited to court fees, other administrative fees; transportation and accommodation expenses; fees for consulting lawyers, litigating lawyers; enforcement costs...) will be borne by the losing party.
12.1. Applicable law
This General Term is regulated and interpreted under Vietnamese laws.
12.2. Individuality of each provision
The fact that one of the provisions of this General Terms is considered invalid or unenforceable does not affect the validity and enforceability of the remaining provisions in this General Provision.
12.3. Modification and supplementation
a) Viindoo reserves the right to amend, supplement, or entirely modify the content of the General Terms and/or Agreements. We will inform your content changes via the Website and/or Email at least 10 days in advance from the effective date of the changes. Viindoo will notify you at least 3 days before the implementation of changes that may affect the service you are using via Email or registered phone number. The notification content includes but is not limited to the following information:
(i) The list of types of changes;
(ii) Technical descriptions of changes to the service;
(iii) The estimated time of impact of the changes;
(iv) Notification of completion of changes;
b) If You continue to use the Website and/or Viindoo Services after We have made adjustments, it means that you have agreed to our new Agreements.
12.4. General Terms
a) We undertake that all the provisions and terms on the Website are issued to protect the benefits of users following the correctness, leading to service quality and long-term stability at the same time. The provisions and terms on the Website are also to intended to prevent abuses and violations of the laws.
b) When registering to use Viindoo Services, You agree to comply with the following Agreements:
(iv) Payment & Refund Policy;