Terms of use

“Terms of Use” is a legal agreement between Users, who may be individuals or legal entities, Customers in general and FPT Software Company Limited and other legal entities, affiliated or affiliated units. of FPT Software Company Limited (collectively referred to as “FSOFT”). Note that by activating, accepting, accessing or using the software and related websites (hereinafter collectively referred to as “Software”) provided by FSOFT, the user acknowledges that he or she has read, understood, agree to these terms of use, including those additional terms, conditions and policies referenced herein and/or related thereto. If the user is a representative of another individual or a company or other legal entity, the user must ensure that he or she has been legally authorized by that individual or legal entity. If the user does not agree with our terms of use, please do not access and use this software.
These Terms of Use govern the User’s right to access and use the Software provided by FSOFT.
FSOFT reserves the right to supplement, amend, modify or restate these Terms of Use at any time, and the Terms of Use in effect may be published on FSOFT’s official website. If the User continues to use the Software after we have changed or modified the Terms of Use, this means that the User has agreed to such changed or modified Terms of Use.


Affiliate is any legal entity in which FSOFT directly or indirectly, holds at least 50% of the shares, capital contribution or voting rights. Any legal entity will be considered an affiliated party when FSOFT’s control over that legal entity is maintained.
User account: Is the user account on the customer’s software system.
Content means all materials in the form of text, information, data, images, audio or video, in any medium or input form, used by the User for the purpose of using the Website and /or Software.
Software supply contract is a detailed agreement on License provision signed by the User and FSOFT.
Intellectual property rights are any kind of inventions, industrial designs, utility models and similar invention rights, copyrights, rights to integrated circuit layout works, rights to secrets trade names, trademarks, trade names and service marks and any other intangible property rights, registered or being registered in any country, or arising by operation of law or common law or under the contract whether or not the product is completed, or is intended to be registered, patented or acquired.
Security events are:
(i) access by any third party to the Website and/or Software; or.
(ii) Any use of the Software by the User is likely to seriously affect the Website and/or the Software.
Software: Software licensed by FSOFT to Users under these Terms of Use, described more specifically in the Software Supply Contract, including:
(i) License tiktakPOS;
(ii) Other services that FSOFT has the right to decide to integrate into the Website at any time. Websites are the websites and infrastructure platforms of FSOFT on which the Software is built and provided.
Usage fees are fees that Users must pay to FSOFT when using the Software and are specifically specified in the Software Supply Contract.
Term of use is the initial or extended period during which the User may use the Software as specified in the Software Supply Contract.


  1. When entering into a software supply contract, the User must register an Account by setting an account name that does not overlap with another registered account name and password, and at the same time the User must provide a number certain information. By registering for an Account, the User agrees:
    (i) keep your password confidential and only use your Account and password when logging in;
    (ii) ensure that the User logs out of his/her Account after each login session on the Website;
    (iii) immediately notify FSOFT of any unauthorized use of the User’s Account; and.
    (iv) ensure that the User’s Account information is accurate and updated if there are any changes.
  2. The User shall be fully responsible for all activities and Content performed under the User’s Account even if such actions are not performed by the User himself. FSOFT will not be responsible for any loss or damage arising from unauthorized use of the User’s password or failure to comply with these Terms of Use.
  3. If a Security Event occurs, FSOFT may remove the relevant Content and lock the User’s Account until the relevant Security Event is resolved without prior notice to the User. Use. When there is a security event leading to data loss, FSOFT will notify the incident to the authorities for timely investigation and handling without taking any responsibility or any damage caused to the User. FSOFT will also notify Users as soon as reasonably practicable about the nature of the problem related to the Security Event.


  1. Pursuant to the Software Supply Contract, during the term of use, FSOFT will provide a License for Users to access and use the tiktakPOS sales management software.
  2. FSOFT reserves the right to develop additional products, utilities and services or functionality of the Website or to terminate the maintenance of the Website and/or provision of any License. In the event FSOFT adds additional products, utilities and services or provides additional functionality through the Website, these Terms of Use will continue to apply to those additional products, utilities and services. Website additions.


  1. The User commits to use the Website and/or the Software in accordance with the purposes and functions in the User interface provided by FSOFT. Users may not misuse the Website to cause any damage, loss or hindrance to FSOFT, and third parties, as well as the operation of the Website and/or the provision of the License. Under no circumstances will the User use the Website or the Software to:
    (i) upload, post, create, transmit or otherwise make available any unlawful, harmful, slanderous, immoral, defamatory, harassing, threatening or infringing content intellectual property of others, rights of privacy or publicity, incitement, racial, ethnic, sexual, religious or social discrimination or insult to any individual, group and/or organization any;
    (ii) attempt to access the Website or Software by any means other than through the interface and instructions provided by FSOFT;
    (iii) impersonate any individual, legal representative and/or organization without authorization and misrepresent the origin of the information;
    (iv) provide material that contains viruses, worms, trojan horses, routings, trap doors, time bombs or any other harmful code, instructions, programs or components designed to interfere directly or indirectly , manipulate, interrupt, destroy or limit the functionality or integrity of any software or hardware or data or telecommunications equipment;
    (v) take actions or any conduct that could directly or indirectly damage, disable, overburden or impair the Website, the Software or the network connected to the Software;
    (vi) post content for fraudulent, false, misleading or misleading and/or false purposes;
    (vii) collect and store personal data and confidential information of individuals without the consent and authorization of the individual who owns that data and information;
    (viii) post content that violates these Terms of Use or applicable laws; and.
    (ix) assist others to perform the acts mentioned in this Article.
  2. The User will pay the Usage Fee to FSOFT to use the Software according to the Software Supply Contract.
  3. All fees and charges stated or mentioned in the Software Supply Contract are irrevocable and non-refundable unless otherwise agreed, even if the License is suspended or terminated before at the end of the Shelf Life.


  1. All User Content posted, created, imported, or added to the Website is owned by the User. The User shall bear full responsibility for the legality, reliability, integrity, accuracy and quality of such Content.
  2. FSOFT will keep all Content confidential, complying with privacy regulations governed by information protection laws.
  3. By accepting these Terms of Use, Users acknowledge and agree that to ensure the functionality of the Website and Software, FSOFT has the right to store, manage, process and transmit such Content.
  4. By using the Website or Software, Users acknowledge and agree that the collection, use, disclosure and/or processing of FSOFT Content for the following purposes:
    (i) meet legal regulations or comply with current legal requirements, requests and decisions of competent authorities;
    (ii) conduct research, analysis and development (including, but not limited to, data analysis, surveys, service development and/or service profiling), analyzing how Users use Use the Software to improve the Software or products to improve User experience;
    (iii) to process and/or facilitate an asset transaction (including, without limitation, purchase, sale, lease, merger, consolidation or any acquisition, disposal other), in which the transaction involves FSOFT and/or legal entities and affiliates of FSOFT as a participating party.


  1. The User clearly understands and acknowledges that accessing the Website and using the Software will not confer any rights or interests in such intellectual property and other rights related to the content. Can be accessed at Website or through Software provided by FS
  1. The User undertakes not to use, sell, distribute, resell, decompile, disassemble, attempt to access any source code, apply reverse engineering, modify, remake, reproduce publish, display, publicly announce, broadcast, rent, secure, pledge, mortgage, guarantee, license, create derivative works from content accessible at the Website or through Software owned by FSOFT.
  2. User agrees to grant FSOFT the right to use trademarks, including but not limited to names, logos, images and other appropriate information for Software marketing purposes.


  1. These Terms of Use will begin on the Effective Date and will continue until the Term ends. The initial term of use together with any subsequent renewal periods shall be referred to collectively as the Term of Use.
  2. FSOFT may immediately terminate these Terms of Use with the User by written notice to the User if:
    i) The User fails to fulfill any payment obligation when due under the provisions of the Final Agreement and continues to fail to pay within 10 days after being notified in writing. or electronic correspondence (email) regarding the making of such payment;
    ii) User materially violates any provision of these Terms of Use or fails to cure them within ten (10) days after being notified in writing in the event that such breach can be cured. dress;
    iii) The competent authority requires termination of service if the User’s use of the Software violates the laws of another country or jurisdiction;
    iv) FSOFT suspends or intends to suspend, terminate or intends to terminate all or a significant part of its business or other activities;
    v) FSOFT dissolves, goes bankrupt or terminates operations.
  3. When these Terms of Use terminate:
    i) all licenses granted under these Terms of Use terminate immediately;
    ii) no later than 10 days after termination of these Terms of Use, FSOFT will cancel or delete the User’s account regardless of whether it contains Content or not. In case the User has a written request to backup the Content, FSOFT will use reasonable efforts to send the backup Content to the User within 30 days of receiving the written request. writing, provided that the User shall pay all outstanding fees and charges and charges arising from termination (due or not due at the time of termination). The User will have to pay all costs incurred by FSOFT in the process of returning or processing the User’s backup content;
    iii) any rights, remedies, obligations or liabilities of the parties arising up to the date of termination of the Terms of Use, including the right to claim damages for any breach in the Contract which occurs at the time of termination or before the date of termination of the agreement shall not be affected;
    iv) any outstanding payments must be made immediately.


  1. The License is provided “AS IS”, and FSOFT makes no guarantees, representations or warranties of any kind with respect to the software, including, without limitation, warranties of quality, performance, performance, non-infringement or fitness for a particular purpose, nor any warranty whatsoever created by course of dealing, course of performance or usage of trade.
  2. Without limiting the foregoing and to the maximum extent permitted by applicable law, FSOFT makes no representation that the Software, the Website or the functions contained therein will be available, accessible, uninterrupted, timely, secure, completely accurate or error-free; Errors, if any, will be corrected or a similar Website will be provided without viruses, worms, Trojans, routings, trap doors, time bombs or any malicious code, instructions, programs or harmful components. any other harm.


  1. The User will indemnify, defend and hold harmless FSOFT, as well as its owners, directors, officers, employees, representatives, agents, successors and assigns by all losses, damages, costs and expenses, including reasonable legal fees, arising out of any suit, claim, action, proceeding and all liabilities related thereto based on: i) your violation of the provisions of these Terms of Use or of any instructions; (ii) use or misuse of the Software or Website; (iii) User’s violation of the law or any third party’s rights; or (iv) any content uploaded by Users.
  1. In no event shall FSOFT be liable whether under contract, warranty, damages (including, but not limited to, negligence (whether active, passive or tort). ), contractual, legal or other liability), or other cause of action at law, equity, policy or otherwise for: loss of use, loss of loss, loss of revenue, loss of data, loss of goodwill, or failure to achieve expected savings depending on the circumstances directly or indirectly; or any indirect, incidental, special or consequential damages, arising out of or in connection with the use or inability to use the Website or the Software.
  2. All liabilities in contract, and damages (including negligence or breach of statutory duty), false statements, compensation or otherwise arising in connection with the performance or expected to perform under these Terms of Use by FSOFT will be limited to (i) the User’s total Usage Fees paid during the three (03) month period immediately preceding the date on which the claim arises, or ( ii) the amount specified in the Software Supply Contract, whichever is lower.


  1. FSOFT shall not be liable for any failure or delay in performing any obligation hereunder if such failure or failure is due to circumstances occurring objectively not foreseeable, including but not limited to, government regulations or orders, outbreaks of emergencies, natural disasters, war, hostile acts inciting war, riots, riots, epidemics disease, fire, strike, factory closing, or any other similar cause. The User will be required to accept any delayed shipments, lack of service or deliveries made at another reasonable time.
  2. If any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable under the laws of any jurisdiction, then that provision shall may be severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions, nor the validity and enforceability of such provisions under law. the laws of any other jurisdiction.
  3. These Terms of Use are governed by the laws of Vietnam. Except as otherwise provided by applicable law, all disputes, controversies, claims or other conflicts of any kind arising out of or in connection with these Terms of Use shall be brought forward and resolved. final decision by a competent Vietnamese court.
  4. Users may not transfer, sublicense, or subcontract to third parties their rights and obligations as set forth in these Terms of Use.
  5. These Terms of Use constitute the entire agreement between the parties relating to the subject matter hereof and supersede any prior versions of the agreement, as well as any other agreements, correspondence, conditions and any other Other similar Terms of Use and conditions related thereto. These Terms of Use apply only to the relationship between the User and FSOFT and do not constitute any third party rights.
  6. If Users have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Website, please contact our support team. FSOFT.
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