1. INTRODUCTION AND ACCEPTANCE OF TERMS
These Terms of Service (“Terms”) constitute an agreement between Luklak Joint Stock Company (“Luklak”, “we”, “our”, “us”) and the user (“User”, “you”, “your”) of the Luklak software platform.
Company Information:
- Legal Name: Luklak Joint Stock Company
- Vietnamese Name: Công ty Cổ phần Luklak
- Tax Code: 0109908914
- Contact Email: [email protected]
- Governing Law: Socialist Republic of Vietnam
By accessing, registering for, or using the Luklak platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to any of these Terms, please do not use our Services.
2. DEFINITIONS
“Platform”: The Luklak software system provided as Software as a Service (SaaS), including all features, modules, and related services.
“Services”: Software services, technical support, and other related services that Luklak provides through the Platform.
“Account”: The User’s registered account for accessing and using the Platform.
“User Data”: All data, information, and content that the User enters, uploads, or creates on the Platform.
“Personal Data”: Information about a specific individual or that helps identify a specific individual as defined by Vietnamese law on personal data protection.
“Service Agreement”: A separate agreement between Luklak and enterprise customers specifying terms of use, service fees, and commercial conditions.
3. SCOPE OF APPLICATION
3.1. These Terms apply to:
- Individual users who register accounts
- Organizations and enterprises using the Services
- End users granted access by organizations/enterprises
3.2. For enterprise customers with separate Service Agreements, the terms of the Service Agreement will take precedence in case of differences with these Terms.
3.3. Users must be at least 18 years old or have consent from a legal guardian.
4. ACCOUNT REGISTRATION AND SECURITY
4.1. Registration: Users must provide accurate and complete information when registering an Account. False information may result in Account rejection or suspension.
4.2. Security: Users are responsible for:
- Securing login credentials (username, password)
- Notifying Luklak immediately upon discovering unauthorized access
- All activities conducted through their Account
4.3. Organizational Rights: For enterprise accounts, organizational administrators have the right to grant and revoke access for users within their organization.
5. USER RIGHTS AND OBLIGATIONS
5.1. User Rights:
- Use the Platform for lawful business purposes
- Access and manage their User Data
- Receive technical support according to service package terms
- Request data backup and export as specified
- Receive advance notice of significant Service changes
5.2. User Obligations:
- Comply with Vietnamese law and these Terms
- Provide accurate and updated information
- Pay service fees in full and on time
- Protect login information and use responsibly
- Not infringe third-party intellectual property rights
- Be responsible for their content and data
6. PROHIBITED USES
Users are strictly prohibited from:
6.1. Using the Services for illegal purposes or in violation of Vietnamese law
6.2. Infringing on others’ rights, including intellectual property rights and privacy rights
6.3. Uploading or distributing content that:
- Violates laws
- Contains viruses, malware, or harmful software
- Is offensive, defamatory, or discriminatory
- Violates national security
6.4. Interfering with, disrupting, or interrupting the Services
6.5. Attempting unauthorized access to systems or other users’ accounts
6.6. Using the Services to send spam or unauthorized advertising
6.7. Copying, reverse engineering, or reproducing any part of the Platform
6.8. Selling, renting, or transferring the Account without Luklak’s consent
7. SERVICE AVAILABILITY AND MODIFICATIONS
7.1. Commitment: Luklak strives to maintain stable and continuous Services. However, Services are provided “as is” and may be interrupted due to:
- Scheduled maintenance (with reasonable advance notice)
- Force majeure technical incidents
- Requirements from competent state authorities
7.2. Service Changes: Luklak reserves the right to:
- Improve and upgrade features
- Change or discontinue certain features
- Provide at least 15 days’ notice for significant changes affecting core usability
7.3. Emergency Maintenance: In emergencies related to security or system stability, Luklak may perform maintenance without advance notice.
8. SERVICE FEES, PAYMENT, AND INVOICING
8.1. Service Fees: Specified according to the service package chosen by the User or according to the signed Service Agreement.
8.2. Payment:
- Users pay in full and on time according to the agreed payment cycle
- Payment is made in Vietnamese Dong (VND) or as separately agreed
- Payment methods: bank transfer or other methods accepted by Luklak
8.3. Invoices: Luklak will issue VAT invoices in accordance with Vietnamese law for all payments.
8.4. Late Payment: If Users are late in payment:
- Luklak may suspend Services after notification
- Late payment interest may apply as prescribed by law
- Luklak may terminate Services after 30 days from the payment due date
8.5. No Refund Policy:
- Paid fees are non-refundable
- Exceptions: Luklak will refund according to Vietnamese law in cases where:
- Luklak seriously breaches its Service provision obligations
- Competent state authorities require it
- Specifically stipulated in the Service Agreement (if any)
8.6. Price Adjustments: Luklak may adjust service prices with at least 30 days’ notice. Users may terminate use if they disagree with the new pricing.
9. DATA OWNERSHIP
9.1. Ownership: Users retain full ownership of their User Data.
9.2. License to Luklak: Users grant Luklak limited rights to:
- Process, store, and back up User Data to provide Services
- Use aggregated, anonymized data to improve Services
- Disclose when required by competent state authorities
9.3. Data Responsibility: Users are responsible for:
- Ensuring they have legal rights to uploaded data
- Backing up their important data
- Content and accuracy of User Data
9.4. Data Export: During the term of Service and within 30 days after termination, Users may request export of User Data in standard formats.
9.5. Data Deletion: After Service termination, Luklak will delete User Data within 90 days, unless:
- Law requires longer retention
- Necessary to resolve ongoing disputes
- Otherwise agreed in the Service Agreement
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Luklak’s Rights: Luklak and its licensors retain all intellectual property rights to:
- The Luklak Platform
- Source code, design, interface
- Trademarks, logos, documentation
- All materials related to the Services
10.2. License to Use: Luklak grants Users the right to use the Platform:
- Non-exclusively
- Non-transferably
- Revocably
- Limited to the duration of Service use
- Only for lawful internal business purposes
10.3. Restrictions: Users may not:
- Copy, modify, or create derivative works from the Platform
- Reverse engineer, disassemble, or attempt to extract source code
- Rent, sell, or sublicense the Services
- Remove or obscure proprietary rights notices
11. SERVICE SUSPENSION AND TERMINATION
11.1. Suspension by Luklak: Luklak may immediately suspend an Account in cases of:
- Violation of these Terms
- Activities harmful to the system or other users
- Overdue payment
- Requirements from competent state authorities
- Signs of fraud or unauthorized use
11.2. Termination by User: Users may terminate Services at any time by:
- Providing written notice to Luklak
- Fulfilling outstanding payment obligations
- Exporting necessary data before termination
11.3. Termination by Luklak: Luklak may terminate Services with 30 days’ notice in cases of:
- Serious or repeated violations
- Non-payment after 30 days overdue
- Other justified reasons
11.4. Consequences of Termination:
- Users lose access to their Account and User Data
- Accrued payment obligations must still be fulfilled
- Terms regarding intellectual property rights and liability limitations remain in effect
12. LIMITATION OF LIABILITY
12.1. General Limitation: To the maximum extent permitted by Vietnamese law, Luklak’s total liability for all claims arising from or related to the Services shall not exceed the total amount paid by the User to Luklak in the 12 consecutive months preceding the claim.
12.2. Exclusion of Liability: Luklak is not liable for:
- Data loss due to User error
- Indirect, incidental, special, or consequential damages
- Lost profits, lost revenue, lost data
- Service interruptions due to force majeure
- Acts of third parties (except service providers selected by Luklak)
12.3. Mandatory Liability: The above limitations do not apply to:
- Liability that cannot be excluded under Vietnamese law
- Damages caused by intentional acts or gross negligence by Luklak
- Damages to life or health
13. DISCLAIMER OF WARRANTIES
13.1. Services are provided “as is” and “as available”.
13.2. Luklak does not warrant that:
- Services will operate uninterrupted or error-free
- All errors will be corrected
- Services will meet all specific User requirements
13.3. Luklak commits to reasonable efforts to:
- Provide Services with good quality
- Fix errors within a reasonable time
- Protect User data
14. CONFIDENTIALITY
14.1. The collection, processing, and protection of personal data are specifically governed by Luklak’s Privacy Policy, which is an integral part of these Terms.
14.2. Users commit to complying with personal data protection laws when using the Services to process others’ personal information.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1. Governing Law: These Terms are governed by and construed in accordance with the laws of the Socialist Republic of Vietnam.
15.2. Dispute Resolution:
- The parties prioritize resolving disputes through negotiation and mediation
- If negotiation fails within 30 days, disputes will be submitted to the competent People’s Court in Vietnam for resolution
- Court decisions are final and binding on the parties
15.3. Court Jurisdiction: Disputes arising from these Terms fall under the jurisdiction of the People’s Court where Luklak has its head office or the competent court as prescribed by law.
16. AMENDMENT OF TERMS
16.1. Luklak reserves the right to modify these Terms over time.
16.2. Significant changes will be notified to Users via:
- Registered email
- Notice on the Platform
- Publication on the official website
16.3. Notice will be sent at least 15 days before changes take effect.
16.4. Continued use of Services after changes take effect is considered acceptance of the new Terms.
16.5. If Users disagree with changes, they may terminate use before changes take effect.
17. SEVERABILITY
If any provision of these Terms is determined by competent authority to be unlawful, invalid, or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.
18. CONTACT INFORMATION
For any questions about these Terms, please contact:
Luklak Joint Stock Company
Tax Code: 0109908914
Email: [email protected]