Smartos

The following terms of use are effective from July 8, 2021.

(Updated on 30/03/2023)

1. Introduction

Welcome to the integrated digital transformation solution Smartos. Thank you for using our products and services. The service is provided by Smartos Joint Stock Company. During your use of the Smartos system, these terms will automatically apply to you.

Please ensure that you have read them carefully before using. You are not allowed to copy or modify the application, any part of the application, or our trademarks in any way. You are not allowed to extract the source code of the application and you are not allowed to translate the application into other languages or create derivative versions. The application itself and all trademarks, copyrights, database rights, and other intellectual property rights related to Smartos, belong to Smartos Joint Stock Company.

Smartos is committed to making our application as useful and efficient as possible. Therefore, we reserve the right to make changes to the application or charge for the services of the application, at any time and for any reason. We will not charge you for the application or the services of the application without clearly informing you of exactly what you are paying for.

Smartos stores and processes the personal data that you have provided to us to provide the appropriate Service. You are responsible for securing your phone and access to the application, software. Therefore, we advise you not to jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by your device's official operating system. It may make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features, and it may mean that the Smartos application will not work properly or at all.

2. Definitions

Software/Website/Application: The platform/application that supports customers in managing space efficiently. Hereafter referred to as "Smartos PMS", "Smartos Booking App" and "Bespoke Solution".
Customer: The buyer and user of services on the Smartos platform.
Customer Information: Information sufficient to accurately identify the customer's identity including: Full name, contact address, email address, phone number, etc.
Customer Data: Data entered by the customer or Smartos (authorized by the customer) for the purpose of using the Smartos platform or facilitating customer use.
System: Includes servers located at Smartos's data center, installed with system software and Smartos software.
Software Usage Fee: The fee that customers pay to Smartos to maintain the use of the software, calculated according to the term agreed between Smartos and the customer. The software usage fee includes the subscription fee for storage capacity to use the software.
Trial Period: A 15-day period of free use of the Smartos platform for Customers before signing a contract.
Support Service: is the maintenance support service provided by Smartos for customers.

3. Privacy Protection

Smartos secures all Customer information and the contents of Customer accounts exchanged, stored on the Smartos platform as well as applications operated and developed by Smartos. Smartos will implement and maintain all necessary internal protection measures within our capability; administrative, physical, and technical to protect the confidentiality and integrity of Customer data. Smartos commits:

Not to proactively change the data created by the Customer. This does not include the system software automatically modifying the size, data format to suit display purposes and usage functions.
Not to access Customer data except in cases of technical error correction or at the request of the Customer or in cases required by law.
Not to disclose Customer data except in one of the following cases:
- With the Customer's consent;
- Must comply with legal regulations;
- Belongs to the case specified in these Terms of Use;
However, Smartos has the right to proactively or automatically access Customer information (including Full name, Email, Phone number) for certain purposes, including
- Email notification to Customers about new features.
- Direct contact with Customers for technical support or other support to enhance user experience.
Smartos may use Customer name and logo for reference purposes or in promotional campaigns, product introductions, or in conversations, exchanges with other Customers or other potential Customers of Smartos. For example, Smartos may display the Customer's name on the website showing the names of all Smartos Customers unless the Customer requests otherwise in writing

4. Customer Data and Responsibilities of the Parties

Customer Data is any information that the Customer submits, uploads, transmits, or by any means displays that information on the Customer's Smartos System. Customer Data includes: messages, notifications, files, images, opinions, comments, links, work-related content, and all information displayed on the Customer's Smartos System; Customer Data includes all information, links, text that the Customer and Customer's user accounts enter into Smartos from a computer or through cloud storage platforms like Google Drive, OneDrive, DropBox, etc.

The Customer has the right to use and control the data posted on the Customer's Smartos system. Smartos provides available features, as-is, and applies generally to all Smartos Customers for the Customer to delete or extract data outside the Smartos software system. The Customer is fully responsible for all data that the Customer or Customer's user accounts send to and/or send from the Smartos platform.

The Customer understands that Smartos does not own any data that the Customer uploads to Smartos; except for documents and/or interface guides that Smartos proactively provides publicly to the Customer. The decision to upload any data to the Smartos platform is entirely up to the Customer. However, the following content is NOT ALLOWED to be posted or performed on the Smartos platform:

Harming, disturbing others, or causing harm to people and property.
Involving the publication of fraudulent, defamatory, harassing, or pornographic information or materials.
Infringing on privacy rights or discriminating against race, religion, gender, disability, etc.
Infringing on intellectual property rights or other proprietary rights.
Interfering with or damaging Smartos (not limited to unauthorized access to Smartos through any mechanical or software means).
Providing your password to anyone or using someone else's personal account and password.

Smartos has full authority to disable access to Customer Data content if we determine the data accessed violates these Terms, or we receive a complaint from a user account, or an intellectual property violation notice and/or a notice of content with signs of legal violation from competent authorities.

The Customer is solely responsible before the law if using the software contrary to legal regulations.

5. Location Data

We may store and use information about your location if you allow us to do so ("Location Data"). We use location data to support and provide features on the Smartos system to ensure user-related experiences when searching for space services. Customers can allow or deny access when using the Smartos platform at any time in the device settings.

6. User-Generated Content

Smartos users can post, upload, or contribute content to the service (which may include images, writings, messages, information, and other types of content) ("User Content"). For clarity, "User-Generated Content" includes content posted on the Smartos system as well as related Smartos services.

The Customer confirms that any content the customer posts on Smartos, (1) the Customer owns and has the right to post this information, and (2) this content does not violate any terms or regulations regarding the law, intellectual property rights, publicity, dignity, or other rights or content that has not received clear written consent from Smartos or the individual/organization.

Smartos may, but is not obligated to, monitor, review, or edit user content. The Customer is fully responsible for all user content that the customer posts. Smartos is not responsible for User Content and does not endorse any opinions contained in any user content.

7. Consultation and Support

Smartos is responsible for providing consultation and support to Customers throughout the usage process through the customer consultation and support department. In case the Customer needs other consultation support services beyond the scope of the agreement such as direct support, software usage retraining services, Smartos and the Customer will jointly agree on costs and implementation methods in a supplementary written document.

8. Maintenance and New Version Updates

8.1. Smartos is responsible for ensuring technical conditions for Customers to use the software 24 hours/day and 07 days/week except for maintenance, system troubleshooting time. The Smartos system will always be maintained daily, except when AWS (Amazon Web Services) is under maintenance.

8.2. Smartos is responsible for resolving system issues no later than 08 working hours from the time of receiving the request from the Customer's user.

8.3. Smartos encourages customers to provide feedback on desired new features on the system. Smartos will consider and develop these requested features to improve the platform smarter.

9. Support for Lost Data Recovery

Currently, Smartos supports automatic data backup for user accounts on the Smartos platform. In case the Customer's data is lost due to Smartos's fault, Smartos is responsible for assisting the Customer in recovering data to the nearest time that Smartos's automatic data backup system saved.

10. Refund Policy

No fees are refunded when the Smartos service has been provided and in the process of execution. However, within 15 days of using and experiencing the Smartos product for free, if the customer sends a notice of no need to use the product and terminates the contract in writing, Smartos is obliged to refund the customer within 5 working days.

11. Suspension and Termination Policy

The Customer needs to notify the suspension or termination of the contract at least 24 hours in advance. This information needs to be reported directly, via email, phone, or message or by communication means with written confirmation. The Customer is considered to terminate the use of Smartos PMS software and/or Bespoke Solution in the following cases:

The service provider (Smartos) unilaterally terminates the contract due to the customer's failure to fulfill the payment obligation to Smartos as stipulated in the contract.
Smartos unilaterally terminates the contract at the request of the competent state authority.
The Customer sends a notice requesting termination of the service contract to Smartos in writing during the contract period of Smartos has not expired.
The Customer unilaterally terminates the contract when there is no need to continue cooperating with Smartos after the contract term expires.
Smartos is not obliged to refund any costs that the Customer has paid in case of termination of the agreement for the reasons stated above. Smartos is only responsible for ensuring the maintenance of customer data on the system for a maximum of 30 days from the date of contract termination.

However, you must commit to always accepting updates for the application/software when provided. We may also stop providing the application and/or terminate use at any time without notifying you of the termination. Unless we inform you otherwise, upon any termination:

(a) The rights and licenses granted to you in these terms will terminate;

(b) You must stop using the application and (if necessary) delete it from your device.

11.1. Duration of the agreement

The agreement between Smartos and the customer is executed from the date the Customer agrees and/or terminates when all accounts granted under this agreement expire. For trial customers, if the Customer does not switch to purchasing under a prepaid service package when the trial period expires, this agreement will terminate when the trial period ends.

11.2. Suspension

Smartos Joint Stock Company has the right to suspend the Customer's use when the Customer does not fulfill the obligation to pay usage fees after Smartos has sent a payment request notice for 30 days.

11.3. Terms and agreements are considered terminated in the following cases:

Smartos unilaterally terminates the agreement due to the Customer's failure to fulfill the payment obligation to Smartos as stipulated.
At the request of the court and competent state authority.
When agreed upon by the Customer and Smartos regarding the termination of the agreement.

12. Force Majeure

A force majeure event is an event that occurs objectively and is beyond the control of Smartos and the customer. In the event of force majeure, the parties are not obligated to perform their responsibilities under these Terms of Service. The parties agree to consider the following cases as force majeure:

Natural disasters, enemy disasters causing obstruction or destruction or congestion or disconnection to the data center of the service provider.
Widespread power outages, telecommunications cable failures causing congestion or disconnection of telecommunications, Internet to the service provider's data center.
Hackers, computer viruses attacking the data center of Party B causing interruption, congestion, or damage to software and data.

Other force majeure incidents as prescribed by law.
The failure of one Party to fulfill its obligations due to a force majeure event will not be grounds for the other party to terminate the contract and claim damages. However, the Party affected by the force majeure event is obliged to:

Take reasonable preventive measures and necessary alternative measures to minimize the impact caused by the force majeure event.
Notify in writing to the other party about the case of exemption from liability and the possible consequences due to the force majeure event within 03 days immediately after having grounds to determine the occurrence of the force majeure event directly affecting the ability to perform contractual obligations.

13. Disclaimer

Smartos will not be responsible for the issues stated here. Certain functions of the application will require the application to have an active Internet connection. The connection may be Wi-fi or provided by your mobile network provider, but Smartos cannot be responsible for the application not working with full functionality if you do not have access to Wi-fi and/or you do not have your data volume remaining. At some point, we may want to update the application and system and will require you to update on the Android & iOS version or automatically update the new version on the Smartos PMS system. Smartos does not commit to always updating the application to suit you and/or work with the Android & iOS version you have installed on your device.

14. Dispute Resolution

All disputes or disagreements arising between the two parties will be resolved in a spirit of cooperation to jointly resolve. In case the two parties cannot reach a result through negotiation, it will be resolved according to the litigation procedure at the competent court. The court's decision is final, binding both parties to comply.

15. Changes to Terms and Conditions

These terms and agreements may be amended or supplemented by Smartos on this page at any time without prior notice to the Customer (or User). In case one or some of these terms conflict with legal regulations and are declared invalid by a competent court of Vietnam according to Vietnamese law, the invalid term will be adjusted to comply with Vietnamese law, and the remaining terms of these Terms and Services will remain in effect.

16. User Guide Documents

You can access and refer to the User Guide page (HDSD) or at the Video guide. Smartos will not provide you with any printed HDSD documents. The HDSD document is sent by Smartos along with the account confirmation email immediately after you successfully register an account.

17. Trademark Copyright

The Smartos brand, Smartos Logo, etc., have been exclusively registered trademarks at Smartos. Smartos has the legal right to supplement, adjust the list of these brands, trademarks at any time. You are not allowed to register, whether intentionally or unintentionally, any trademark or logo that may cause confusion or duplicate the trademarks and logos that have been exclusively registered. You must comply with all standards set forth for the Smartos brand, Smartos logo, and must use them in accordance with Smartos regulations.

18. Contact

If you have any questions or suggestions about the above Terms and Conditions, please contact us at support@smartos.space.