TERMS OF USE 
FOR VIINDOO ENTERPRISE MANAGEMENT SOFTWARE

1. DEFINITIONS AND EXPLANATIONS​

1.1. Start Date: The date when the Viindoo System is created and activated after the Customer successfully pays for the plan.

1.2. End Date: The last day of use of the Viindoo System according to the plan cycle that you have paid for.

2. INTELLECTUAL PROPERTY​

2.1. Viindoo commits to having full rights and authority in owning and distributing Viindoo Software according to international and Vietnamese intellectual property laws

2.2. Customers have the right to access and use Viindoo Software to create data for their own activities and work, and have the right to download the data entered into the Viindoo System during the registration period.

2.3. Viindoo Software includes but is not limited to records, documents, features, improvements, modifications, additions, translations, compilations, or other platforms that we provide to You.

3. REGULATIONS ON INFORMATION SECURITY​

3.1. Viindoo respects privacy and strictly complies with regulations on consumer information security. Viindoo only uses information provided by Customers to serve the process of using Viindoo Software. Please refer to the Privacy Policy to understand how We protect your information provided.

3.2. Viindoo may use part or all of the information and data generated by the Customer from the process of using the Viindoo Software to serve the purposes of research and improvement of products - services, markets, consumption habits. We commit that the information, this data does not contain any specific information about contact information (full name, address, phone number), specific transactions or secrets, know-how. manufacturing business.

4. USER ASSESSMENT​

4.1. Viindoo Software includes but is not limited to records, documents, features, improvements, modifications, additions, translations, compilations, or other platforms that we provide to You.Viindoo preserves the right to use your name and/or trademark for marketing purposes or in promotional campaigns, introducing products/services or in discussions, exchanges with other Customers or potential Customers of Viindoo. For example, We may include your name and/or trademark on the Website to display the names of all customers.

4.2. The Customer agrees to indemnify, reimburse, and hold Viindoo harmless from any legal obligations, lawsuits, losses, expenses including but not limited to fines, attorney fees, consulting fees related to resolving or arising from its violation of Viindoo System as used over time.

5. TERMS OF USE​

5.1. Fee for service

5.1.1. Viindoo Subscription Plans

Viindoo Software is provided to you as a prepaid monthly or yearly service (“Recurrence”) with plans listed in the Pricing on the Website: https://viindoo.com/pricing 

5.1.2. Fee for using Viindoo Software

Fee for using Viindoo software (referred to as "Service Charges") includes:

(i) User Fee: The fee paid by the Customer to Viindoo

• to register, maintain the use of Viindoo software under our Viindoo Subscription plans which are computed on the number of User Accounts selected by the Customer;
• to generate new User Accounts during the use. The fee of each User Account is calculated for the remaining time of the previously registered Recurrence. 

(ii) Upgrade Plan Fee: The differential fee paid by the Customer to Viindoo to use a higher Viindoo Subscription Plan and is calculated for the remaining time of the previously registered Recurrence.

5.1.3. Adjusting Service Fees

Viindoo may adjust (increase/decrease) the Service Charges no matter what the timing is. These Service Charges will not change during the validity period of the Viindoo System if You have prepaid for multiple years.

5.1.4. Payment methods

Customers are recommended to pay 100% of the Service Charges through the approved methods listed in the Payment and Refund Policy.

5.1.5. Payment notification

Viindoo will attempt to perform actions related to reminding, and notifying the renewal Customers through one (1) or more of the following forms: Email, text message (SMS), direct phone call or Interactive Voice Response (IVR).

5.1.6. Payment term

(i) During the effective period of the Viindoo System, You can create additional User Accounts and/or upgrade your Subscription plan to use expanded features.

(ii) To ensure continuous operation of the Viindoo System, You must make FULL payment of the Service Charges within 15 days from the date the invoice is issued.

5.1.7. Invoices

(i) When upgrading the Viindoo Subscription Plan, the Viindoo System will immediately generate the Subscription Orders and issue an invoice corresponding to the Upgrade Plan Fee that the Customer needs to pay.

(ii) For User Accounts created during the Recurrence, the Viindoo System will automatically aggregate the quantity and issue a corresponding invoice on the first day of the following month as a basis for payment by the Customer.

(iii) Customers can access and track the Purchase Orders and Invoices directly on the Viindoo System to fulfill payment obligations under these Terms of Use.

5.2. Active the Viindoo System

5.2.1. Within 72 hours of the Customer's full payment of the User Fee, Viindoo will send an Email notification of successful activation, including:

• • Domain name (URL);
  • Username and Password;
  • Creation Date of your Viindoo System. 

5.2.2. The Customer is obliged to change the User Account’s password after receiving the Email.

5.3. Suspense the Vindoo System

5.3.1. During this temporary suspension period, your data will still be backed up and stored, but you will not be able to access Viindoo System.

5.3.2. In case You want to temporarily suspend the use of Viindoo System, the Customer is required to send a notification to us through the support channels stated in the Warranty and Technical Support Policy. Upon receiving the notification, Viindoo will proceed with the necessary procedures to suspend the service.

5.3.3. Viindoo has the right to unilaterally suspend Viindoo System in the event of one of the following cases:

(i) The Customer fails to pay or fails to pay in full or on time as specified in Section 5.1.6 of these Terms of Use;

(ii) The use of Viindoo System or Your data on Viindoo System has a potential security risk or affects Viindoo Software;

(iii) Temporary suspension for maintenance, upgrade, error correction, or to prevent and mitigate information security incidents or as required by technical requirements;

(iv) At the request of the competent state agency.

5.4. Revoke the Viindoo System

5.4.1. “Revoke” is understood as the Viindoo System and any data generated from or related to your Viindoo System will be canceled completely and Customers will not be able to access the Viindoo System to perform any operations or backup any previously created or stored data.

5.4.1. The Viindoo System may be revoked in the following cases:

• • You send a request to Viindoo;
  • You fail to pay the User Fee within 15 days from the suspension date according to Section 5.3 of these Terms of Use;
  • As requested by a competent state agency.

5.5. Reactive the Viindoo System

5.5.1. We will support You in reactivating the Viindoo System that has been revoked due to failure to pay on time if You request. However, the Customer will have to pay the following fees:

• • Unpaid Service Charges within 30 days according to the package that you had registered before; and
  • Subscription Fee according to the chosen new plan and Recurrence.

5.5.2. The reactivated Viindoo System will be the latest backup with data entered by the Customer before the revocation.

6. RIGHTS TO USE VIINDOO SOFTWARE 

6.1. Within the validity of Viindoo System, Customers have the right to:

(i) Fully use the features of Viindoo Software according to the registered plan;

(ii) Generate data on the Viindoo System to serve the work and download data entered on the Viindoo System;

(iii) Add or change plans with a fee. However, Viindoo does not support downgrading the plan;

(iv) Install additional subsystems that are suitable for the usage needs and within the plan limits allowed. However, You are responsible for any problems that arise when installing subsystems developed by the Customer or third parties without our approval;

(v) Request Viindoo to change registered information on the use of the Viindoo System when there are changes to the transaction subject within 7 working days from the date of change;

(vi) Request Viindoo to perform maintenance and technical support responsibilities as specified in the Warranty and Technical Support Policy.

6.2. In addition to the obligations stipulated in these Terms of Use, Customers are responsible for:

(i) Maintaining the security of the accounts created during the use of the Viindoo System and taking responsibility for all activities related to these accounts;

(ii) Providing the required information during use and taking legal responsibility for the purpose and accuracy of the information provided during the use of Viindoo Software;

(iii) Actively monitoring information about the status of operations and the validity period of Your Subscription Plan;

(iv) Fulfilling payment obligations for any incurred and/or outstanding Service Charges, even if the Viindoo System is temporarily suspended or revoked ineffective as stipulated in Sections 5.3 and 5.4 of these Terms of Use;

(v) Taking legal responsibility for any actions that violate legal regulations when using Viindoo Software.

6.3. Customers are not allowed to use the Viindoo System, including but not limited to updating, transmitting data, sending emails, etc., for the following purposes:

(i) Participating in attacks, sending spam, illegal activities, or using the Viindoo software platform to harm Viindoo and/or other parties;

(ii) Damaging or violating the privacy, human rights, intellectual property rights, property rights, etc. of any individual or organization;

(iii) Obstructing or damaging the Viindoo Software, including but not limited to accessing the Viindoo Software illegally through any device, machine, or software;

(iv) Engaging in other illegal activities violating laws and regulations.

6.4. If there are any unauthorized use of the accounts or any security breaches encountered by the Viindoo System, Customers need to contact Viindoo immediately to receive timely support.

6.5. Customers can use the Viindoo Software for free under the Viindoo Subscription Freemium. However, Viindoo is not responsible for any errors, data loss, or any other losses or issues that may arise in any case related to the Viindoo Subscription Freemium.

6.6. Customers are not allowed to transfer the rights and obligations under these Terms of Use to any third party without Viindoo's consent.

6.7. Customers agree to comply with the regulations and policies regarding software copyright, authorship rights, and other related intellectual property rights when using the Viindoo Software.

7. FORCE MAJEURE 

7.1. Force majeure events are objective events that are beyond the control of the Parties, including but not limited to:

a) Natural disasters, calamities, war, riots, protests, epidemics, pollution, acts or threats of terrorism, or violent acts that obstruct, damage, or interrupt the connection to the Viindoo Software;

b) Wide-scale power outages, telecommunications cable breaks, Internet transmission disruptions;

c) Hacking, computer viruses attacking the Viindoo Software/System, blocking or destroying software or data;

d) Policy change or prohibition under the decision of a competent state agency.
(hereinafter referred to as "Force Majeure”)

7.2. The failure of one Party to fulfill its obligations due to the occurrence of Force Majeure shall not be a basis for the other Party to request termination of this Terms of Use and compensation for damages.

7.3. The Party affected by Force Majeure shall have an obligation to notify the other Party of the situation and the expected consequences affecting the ability to perform obligations under this Terms of Use within 10 (ten) days from the date of the occurrence of Force Majeure. At the same time, reasonable preventive and remedial measures shall be applied to limit the impact of the consequences of Force Majeure.

7.4. In case the two Parties agree to terminate this Terms of Use due to Force Majeure, the obligation of each Party arising before the occurrence of Force Majeure is not exempted.

8. LIMITATION OF US LIABILITY 

8.1. Disclaimer of Warranty
Viindoo does not guarantee, declare, or ensure that the use of Viindoo Software will not be interrupted or error-free, or that the Viindoo Software will meet the requirements of the Customer, or that all errors in the software and/or documentation will be corrected or that the overall operation of the Viindoo System (including but not limited to: the Internet, other transmission networks, internal networks, and Customer's equipment) will be ensured. Viindoo does not provide any form of warranty, whether express or implied, about conditions such as quality satisfaction, suitability for specific use or non-infringement of third party rights. Viindoo Software is provided to the Customer "as is" and "as available" for use. You are solely responsible for determining whether the Viindoo System or the information generated from the Viindoo System is accurate and complete for their use. The Customer is solely responsible for legal liability for any information/data generated from the Viindoo System.

8.2. Limitation of Legal Liability

8.2.1. Viindoo shall not be responsible, indemnified, or jointly responsible for any consequences or damages arising from your failure to comply with these Terms of Use.

8.2.2. Under no circumstances shall We be liable for any direct, indirect, incidental or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business advantage, loss of work, or loss of data as a result of:

(i) the use or inability to use the Viindoo System;

(ii) any changes made to the Viindoo System;

(iii) deny access to or change the data;

(iv) delete, corrupt, or fail to store data contained on or through the Viindoo System;

(v) statements or conduct of any third party with respect to the Viindoo System; and 

(vi) any other problems related to the Viindoo System.

9. DISPUTE RESOLUTION 

9.1. Any dispute, controversy, complaint, or disagreement arising from or relating to these Terms of Use against or involving Viindoo or any Indemnified Party under these Terms of Use shall be given priority for resolution through negotiation, reconciliation, equality, and mutual benefit.

9.2. In case the negotiation and reconciliation do not result in a settlement, either Party has the right to initiate legal proceedings and request a competent People's Court in Hai Phong to settle the dispute in accordance with the law. All costs arising from or related to the dispute resolution process in the court of the losing Party (including but not limited to: court fees, other administrative costs, travel and accommodation expenses, attorney consultation fees, attorney litigation fees, enforcement costs, etc.) shall be borne by the losing Party.

10. GENERAL TERMS 

10.1. Applicable law

These Terms of Use are governed and interpreted under the Vietnamese laws.

10.2. Individuality of each clause

The invalidity or unenforceability of any provision of these Terms of Use does not affect the validity or enforceability of any other provision of these Terms of Use.

10.3. Modification and supplementation

(i) Viindoo will continuously modify and improve the Viindoo Software. Therefore, we reserve the right to modify and supplement the content of these Terms of Use at any time. The modified content will be notified and updated to you at least 10 days before the official implementation date on the Website and via the your Email.

(ii) In case of disagreement with the modified content, you may perform the procedures to temporarily suspend or invalidate the Viindoo System as prescribed in these Terms of Use.

10.4. Effect

These Terms of Use for the Viindoo Enterprise Management Software are effective from 8th April, 2023.