Terms & Conditions

These terms of conditions have been valid since 8th of July 2021.

(Updated: 22 July 2021)

1. Introduction

Welcome to SMARTOS platform!Thanks for using the products and services from SMARTOS. These services are provided by Enouvo IT Solutions LTD.

The given below terms are automatically applicable to you in the process of using SMARTOS system. Make sure you have read them carefully before using. You are not allowed to copy, duplicate or change the software, any part of the software or our brand name in any means. You are not allowed to extract the source code of our software. You are not also allowed to translate the software into other languages or create any derivative version. The software itself and all of its trademarks, licenses, database rights and intellectual property rights related to SMARTOS, belong to Enouvo IT Solutions Company.

Enouvo IT Solutions ensure that our product is as most useful and efficient as possible. Therefore, we have the right to make changes to the software or to the payment of our software services, any time and by any reason. We will not charge you of any service or software’s service without noticing you about the exact reason and amount you have to pay for.

SMARTOS Software stores and processes all the personal information that you have granted us to provide our services. You are responsible to secure your phone and access to the software. Therefore, it is advisable that you not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by your device’s official operating system. It can make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and that could mean the SMARTOS app won’t work. normal or not working at all.

2. Definitions

Software/Website/Application: Platform/Application supporting customers in managing spaces smartly and efficiently. They will be called in short as “SMARTOS CRM”, “Whitelable App” and “Booking App”.

Customers: Buyers who purchase our services or users whom use services belong to SMARTOS Platform.Customer data: The data inputted by the customer or Smartos on the customer’s behalf for the purpose of using Smartos platform or facilitating the customer’s use of the Smartos platform.

Customer Information: Sufficient information to identify exactly the identity of customers, including: Name, Contact information, Postcode address, Phone number

System: Includes all the host machines placed at the SMARTOS data center, installed system software and SMARTOS software.

Fee of software usage: is the fee that customers pay for SMARTOS to continue using the software, calculated by the agreed usage duration between two parties. Usage fee covers data storage subscription fee to use the software

Free trial duration: means the duration fixed at 15 days in which the free usage on the platform is allowed.

Support Services: means support and maintenance services provided or to be provided by Smartos to the customer.

3. Privacy Right Protection

Smartos secures all customer information and the contents of customer’s user accounts exchanged and stored on the Smartos Platform as well as applications operated and developed by Smartos. Smartos will implement and maintain all necessary internal safeguards and to the best of our ability; administrative, physical and technical to protect the confidentiality and integrity of customer data.Smartos is committed to:

• Do not actively change the data created by the customer. This does not imply that the software system can automatically modify the size and format of the data to accommodate the display purpose and function of use.
• Do not access Customer’s data except the case of technical error correction or customer’s request or when it is required by law.
• Do not disclose Customer’s data except in one of the following cases:
• With the consent of the Client;
• Must comply with the provisions of the law;
• In the cases specified in these Terms of Use;

However, Smartos has the right to proactively or automatically access information about customers’ account (including Full Name, Email, Phone number) for certain purposes, including:

• Notify customers by email about new features.
• Contact customer directly for technical support or other support to enhance user experience.

Smartos reserves the right to use Customer’s name for marketing purposes or in promotional campaigns, product introduction or in conversations, exchanges with other customers or other potential customers of SMARTOS. For example, SMARTOS may include a Customer name on a web page that displays the names of all Smartos Customers.

4. Customer Data and Each Party Responsibility

Customer Data is any information that customer submits, uploads, transmits or by any means makes them visible on Smartos’s Customer System. Customer Data includes: messages, notifications, files, images, opinions, comments, links, work-related content and all information displayed on the Smartos’s Customer System; Customer Data includes all information, links, documents that customer and customer’s user accounts enter into Smartos or through cloud storage platforms such as Google Drive, OneDrive, DropBox, etc.Customer reserves the right to use and control the data stored on Smartos’s Customer System. Smartos provides features that are universally applicable to all Smartos Customers, and available for customer to delete or extract data outside of the Smartos Software System. Customer is only responsible for all data submitted by Customer or Customer’s user accounst to and/or sent from the Smartos platform.Customers understand that Smartos does not own any data that Customer posts to Smartos; excluding documents and/or instruction interfaces that are actively made publicly available to Customer by Smartos.Deciding what data to include on the Smartos platform is at the sole discretion of the customer. However, the following content will NOT be ALLOWED to be posted or used on the Smartos platform:

• Harming, disturbing others or causing injury to people and property.
• Involves the publication of information or material that is deceptive, disparaging, harassing or obscene.
• Invasion of privacy rights or discrimination based on race, religion, gender, disability, etc.
• Infringement of intellectual property or other property rights.
• providing your password to any other person or using any other person’s username and password;
• Obstructing or damaging Smartos (not limited to unauthorized access to Smartos through any mechanical means, or software).
• Providing your password to any other person or using any other person’s username and password;

Smartos reserves the right, in its sole discretion, to disable access to Customer Data content if we determine that the data accessed violates these Terms, or we receive a complaint from a user account, or notice infringing intellectual property and/or reporting content that shows signs of violating the law by competent authorities.Customers are solely responsible before the law if using the software outlawing the provisions of the law.

5. Location Data

We may capture, store and use information about your location if you give us permission to do so (“Location Data”). We use Location Data to support and provide features on the Smartos Platform to ensure a contextually relevant experience for users including when undertaking searches for space services.The customer can enable or disable location services when you use the Smartos Platform at any time by way of your device settings.

6. User-generated Content

Smartos users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, descriptions and compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Smartos Platform as well as any other part of the Smartos Service.You promise that, with respect to any User Content you post on Smartos, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Smartos as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Smartos or individual/entity without express written consent from Smartos or such individual or entity.Smartos may, but has no obligation to, monitor, review, or edit User Content. You are solely responsible for all User Content that you post. Smartos is not responsible for User Content nor does it endorse any opinion contained in any User Content.

7. Consultation and Usage Support

Smartos is responsible for consulting and supporting customers throughout the use process of using by customer support and consultation.In case customers need other consultation and support services outside the scope of the agreement, such as direct support, retraining services, software manuals, two parties will agree on the cost. and supplemental written papers.

8. Maintain and Updates

8.1. Smartos is responsible for ensuring technical conditions for customers to use the software 24 hours a day and 07 days a week, except for the occasion of maintenance and troubleshooting for the system. Smartos will keep working daily, except AWS (Amazon Web Services) needs to be maintained8.2. Smartos is responsible for troubleshooting the system within 08 working hours after receiving the requests from the customers and customer’s users.8.3. Smartos encourages customers to send feedback and suggestions about new features wishlist in the Smartos platform. Smartos will consider all of them and eventually will develop those ones which may improve our services and platform smarter and better.

9. Support to recover data recovery

Smartos supports automatic data backup for active accounts using Smartos platform at the moment. In case of the customer’s data is lost due to Smartos’ fault, Smartos is responsible for assisting customers in recovering data to the nearest time that our system records the data

10. Refund Policy

No refund will be offered when a service is deemed to have commenced and is in progress for all intents and purposes. However, during 15-day trial using Smartos, if customer send notification that customer does not have any need to use the service and terminate the contract with written documents, Smartos will have responsibility to refund the amount of money via customer’s bank account in 5 working days.

11. Suspension and termination of contract

11.1. Term of the agreement

Agreement between Smartos and customer is activated from the date of customer’s consent and/or terminates when all accounts issued with the expiration of this agreement. In the case of a trial customer, if customer does not switch to a paid subscription plan before the trial expires, this agreement will be terminated at the end of the trial period.

11.2. Suspension

Enouvo IT Solution reserves the right to suspend customer’s access to the system when customer fails to fulfill the obligation to pay usage fees after Smartos has sent 30-day notice of payment.

11.3. Terms and Agreement are deemed to be terminated in the following cases:

1. Enouvo IT Solution unilaterally terminates the agreement because the customer fails to fulfill the payment obligation to Enouvo as prescribed.
2. At the request of the court and valid state agency.
3. Upon agreement of the Customer and Smartos on termination of the agreement.

Customers are regarded to have terminated using Smartos CRM software and/or Whitelabel App in the following cases:

1. The service provider (Smartos) unilaterally terminates the contract because the customer fails to fulfill the payment obligation to Smartos according to the contract provisions.
2. Smartos unilaterally terminates the contract upon the request of a competent state agency.
3. Customer sends notice requesting termination of service contract to Smartos in writing while Smartos contract has not expired.
4. The customer unilaterally terminates the contract when there is no need to continue cooperating with Smartos after the contract terms expire.

Smartos has no obligation to refund any costs paid by the customer in the event of termination of the agreement for the reasons mentioned above. Smartos is only responsible for maintaining 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 to the app when offered. We may also discontinue the application and/or terminate its use at any time without giving you notice of termination. Unless we tell 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) uninstall it from your device.

12. Force majeure events

Force majeure events are events that occur objectively and beyond the control of Smartos and users. In the event of force majeure, the parties are not obliged to perform their responsibilities in the given Terms of Service. Two sides agree to consider the following cases as force majeure:

1. Natural disasters, enemy sabotage obstructing or destroying or blocking or stopping the connection to the data center of the service provider.
2. Large-scale power failure, telecommunications cable break causing congestion or stopping telecommunications and Internet connection to the data center of the service provider.
3. Hackers, computer viruses (viruses) attack Party B’s data centers, causing disruption, congestion or damage to software and data.
4. Other force majeure events as stated by law.

The failure of a Party to fulfill its obligations due to a force majeure event shall not be the reason for the other party to terminate the contract and pay 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 could possibly be caused by force majeure events.
• Notify in writing to the other party about the case of exemption from liability and possible consequences due to the force majeure event within 03 days immediately after having evidences to determine the occurrence of the force majeure event directly affect the ability to perform contractual obligations.

13. Disclaimers and Limitations of Liability

Smartos will not be responsible for the problems stated hereby. Certain app functions will require the app to have an active Internet connection. The connection can be Wi-fi or provided by your mobile network provider, but Enouvo IT Solutions cannot be held responsible for the application not working with full functionality if you do not have access to Wi-fi and/or you don’t or don’t have enough mobile data.At some point we may update the mobile application and software platform and will require you to update Android & iOS version or automatically update new versions in Smartos CRM platform. Enouvo IT Solutions does not commit to always updating the application to suit you and/or work with the Android & iOS versions you have installed on your device.

14. Resolving dispute

All disputes or disagreements rising between Smartos and the customer will be resolved in the spirit of cooperation to resolve together.In the event that the Smartos and the customer cannot negotiate, the settlement will be performed according to the procedure order at a valid court. The decision of the Court is final, bringing the final decision to force the parties to comply.

15. Changes to Terms and Conditions

These terms and agreements will be changed and supplemented by Smartos on this page at any time without prior notice to Customer (or User).We may change and update these Terms from time to time to better reflect:(a) changes to the law,(b) new regulatory requirements, or(c) improvements or upgrades made to our Services.In the event that one or more of these provisions conflict with the provisions of law and are declared invalid by a valid Vietnamese court in accordance with the laws of Vietnam, such provision shall be declared invalid and will be changed to be consistent with the laws of Vietnam, and the remaining provisions of these Terms and Services remain in full force and effect.If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

16. User manuals

You can access and look up at the page User Manuals or at the Instruction Video. Smartos will not provide you with any printed instruction. User manual documents are sent by Smartos with your account confirmation email right after you successfully register for a either free or paid account.

17. Copyrights

Brand Smartos, Logo Smartos… have been registered exclusively at Enouvo IT Solutions. Enouvo has the legal right to supplement and adjust this list of brands and trademarks occasionally. You may not register, intentionally or unintentionally, any similar trademark or logo that may be misleading or duplicating of registered trademarks and logos. You must comply with all standards set forth by the Smartos brand, the Smartos logo and must use it in accordance with Enouvo IT Solutions regulations.

18. Contact

If you should have any question or suggestion about the given below Terms and Conditions , please contact us at [email protected]