Terms and Conditions of Service for UpBase SMEs

I. Definitions

1.1. By using our Services, you agree to abide by and comply with all the terms and conditions in this document.

1.2. Definitions

• Customer content" means all information and data (including text, customer chats, agent chats, images, pictures, videos, audio, and documents) or any other content in any medium or format that you provide or cause to be provided related to your use of the Services, including information and data.
• Your UpBase SMEs user account may include information or data from the Supported Platform installed on your UpBase SMEs account.
• Your provided definition is grammatically correct and clear. It defines an "Employee" as one or more staff accounts that the "Store Owner" (as defined in the UpBase SMEs Terms of Service) can create to allow others access to the UpBase SMEs Account.
• Internet Protocol (IP) address, type of web browser, transmission speed.
• Supported Platform(s) means the third-party software, application, product, or service currently supported by the Service.

II. UpBase SMEs User Account

To access and use the Service, you need to create an account, log in using your account credentials. You are responsible for browsing and securing your account. You agree to maintain accurate, complete, and up-to-date information for your UpBase SMEs Account.

Failure to maintain accurate, complete, and up-to-date information for your UpBase SMEs Account, including having an invalid or expired payment method on file with UpBase, may result in the termination of your UpBase SMEs Account and/or your inability to access and use the Service.

We reserve the right to suspend or terminate your account if we suspect non-compliant usage or if it is detrimental to the Service.

2.1. The information you provide to us.

You may provide Personal Information to us through the Service - for example: when you register for an UpBase SMEs user account to access the Service, seek advice from our support/customer success team, email us, or contact us through any other means as disclosed and agreed upon.

We will generally let you know before collecting whether providing the Personal Information we are collecting is required or may be provided on a voluntary basis, and the consequences, if any, of not providing the information.

The information you provide to us may include:

• Registration information: You need an account to use the Service as a User. When you register for an account, we ask you to provide contact information such as name, phone number, email address.
• Payment information: If you purchase our Service, you may also need to provide us with billing address and payment information. We will also retain records of your purchase transactions, transaction details, history, and usage of the Service, as well as any contact and feedback information.
• User surveys: We may offer you the opportunity to participate in user surveys. These surveys will collect your feedback on the effectiveness of features provided to users, future feature functionalities, and the direction of our product offerings.

2.2. Automatically Collected Information.

When you use the Service, we may automatically collect certain information about your device and your use of the Service.

We may use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies will be discussed in more detail below and in our Cookie Notice here.

• Device Information: We collect information from your device and the apps you use to access our Services, such as IP address, device attributes (e.g., hardware model, operating system, web browser version, as well as device identifiers and unique device characteristics), connection information (e.g., mobile service provider or Internet service provider name, browser type, language, and mobile phone number), and device location (e.g., IP address and Wi-Fi information).
• Log Data: Our website serves log files that record data each time a device accesses those servers, and those log files contain data about the nature of each access, including the originating IP address. We may also access metadata and other information related to files that you upload to our Services, such as images.
• Information about your use of the service: We collect usage data whenever you interact with our Service, which may include the date and time of your access to the Service, page views, activities and features used within our Service, error logs, customer storage configuration settings, and technical data related to the devices accessing and using the Service as well as the performance of the Service when carrying out such actions.

We may obtain information from third-party sources.

We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine/connect this data with information we already have about you. This helps us update, expand, and analyze your profile and provide services that you may be interested in.

III. General Terms

1. Technical support is available through (the source/address for UpBase support consultation will be provided).
2. The service is currently only provided in English and Vietnamese.
3. You acknowledge and agree that we may modify these Terms of Service at any time by posting the modified and relevant amended Terms of Service at [Link to the terms page on the official website], and such amendments to the Terms of Service are effective upon posting.
4. Your continued use of the Service after the modified Terms of Service are posted constitutes your agreement to and acceptance of the amended Terms of Service. If you do not agree to any changes to the Terms of Service, please discontinue the use of the Service.
5. You may not use the Service for any illegal or unauthorized purpose, and when using the Service, you agree not to violate any laws in the legal jurisdiction where you operate.
6. You shall not use the Service while violating the terms and conditions applicable to any Supported Platforms you may use in connection with the Service. If we are notified of your violation of the terms of the Supported Platform, we may, at our sole and absolute discretion, terminate your access to the Service. For the avoidance of doubt, UpBase is not responsible for monitoring, enforcing, or ensuring your compliance with the terms and conditions applicable to the Supported Platforms or other Third-Party Services, as further detailed in Sections 7 and 8 below.
7. You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
8. You shall not purchase search engine or pay-per-click keywords using UpBase trademarks or variations or misspellings thereof for use in any search engine or advertising platform (such as Google Ads).

IV. Our Rights and Authority

1. We reserve the right to modify, including but not limited to adding or removing features, suspending or terminating the Service or any part thereof, or terminating your UpBase SMEs Account or your access to the Service, for any reason without prior notice at any time. We shall not be liable to you or any third party for any modifications, suspension, or termination of the Service or any part thereof, or for terminating your UpBase SMEs Account or your access to the Service.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. We may, but have no obligation to, remove without notice any Content or Comments from any Customer that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene, vulgar, pornographic, profane, or violates any party's intellectual property or these Terms of Service.
4. Violation of any term of the Terms of Service, as determined in our sole discretion, may result in immediate termination of your access to the Service. Without limiting any other remedies we have, we may suspend or terminate your access to the Service if we suspect that you have engaged in fraudulent activity related to the Service.
5. Abuse verbally or in writing in any form (including any abusive or retaliatory threats) towards any UpBase staff member, member will result in immediate termination of service.
6. We reserve the right, but are not obligated, to limit the availability of the Service, or any products, services provided through the Service, to any person, geographic area, or legal jurisdiction. We may exercise this right on a case-by-case basis.
7. "We reserve the right to provide our services to your competitors and make no promise of exclusivity in any specific market segment. You acknowledge and agree that UpBase's employees and contractors may also use the Service and may compete with you, although they may not use your confidential information in doing so.

V. Fees and Payment

We charge fees for using our services. Information about fees and payment methods will be provided before you sign up or make a purchase.

• You can pay the service fees to UpBase when using the service with cash, bank account/debit card, or payment gateway (if supported). After payment, the system will send an online invoice to your email (which you provided during registration). The system will send a payment deadline notification to your email 3 days (or more) in advance. If you fail to pay the fee on time, you will have 15 days of grace period, and after 15 days, your account will be restricted in functionality. After 6 months, your account may be automatically canceled.
• If there are any issues arising during the payment process, contract, or invoice, you can contact UpBase's support/customer success team for resolution.
• If you are not in Vietnam, you must comply with the laws and taxes of your region or country.
• We may change our fees at any time by posting a new pricing table on our website at [https://upbase.vn/phan-mem-quan-ly-ban-hang/] and/or by sending you a notification via email. We do not provide refunds.

VI. Intellectual Property Rights

We retain all intellectual property rights to the Service, including source code and content.

• You grant UpBase a limited, worldwide, non-exclusive, non-sublicensable license to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, and index Customer Content for the purpose of supporting your use of the Service and providing the Service to you.
• UpBase may also use Customer Content for the purpose of supporting and developing the UpBase SMEs website or software, provided that when doing so, UpBase shall only use Customer Content in an anonymous and aggregated manner. Subject only to the limited license expressly granted herein, you shall retain all rights, ownership, and interest in and to the Customer Content and all intellectual property rights therein. Nothing in this Agreement shall grant UpBase any ownership right or interest in Customer Content.
• You are solely responsible for the Customer Content you upload, publish, display, link to, or provide through the Service, and you agree that UpBase only allows the distribution and online publication of Customer Content. UpBase will not review, share, distribute, or reference any Customer Content except as provided herein, as stated in UpBase's Privacy Policy [Link to the terms page on the official website], or as required by law. Notwithstanding the foregoing, UpBase reserves the right to remove any Customer Content uploaded that we believe violates these Terms of Service, at our sole discretion.

VII. Security and Data Protection

We are committed to securing your information and implementing measures to protect personal data.

By using the Service, you accept and agree that UpBase's collection, use, and disclosure of this personal information are subject to our Privacy Policy. Additionally, if you are not in Vietnam, you must comply with the laws of your region or country.

VIII. Cancellation and Termination of Service

You have the right to cancel the Service at any time. Information about the cancellation process will be provided on our website.

• These Terms of Service shall remain in effect unless and until terminated by you or by us. If you no longer wish to use the Service, you may terminate your UpBase SMEs User Account in accordance with the current terms.
• If, at our sole discretion, you fail to comply with, or we suspect that you have not complied with any terms or provisions of these Terms of Service, we may also terminate these Terms of Service at any time without notice and thereby may refuse to allow you access to the Service, your UpBase SMEs Account, or any part thereof. Obligations (including payment obligations, if any) and liabilities incurred prior to the date of termination of the service will continue to exist after the termination of these Terms of Service for all purposes.

IX. Amendment of Terms and Conditions

We may change or amend these Terms and Conditions of Service. Changes will become effective after we notify you, or post a notice on UpBase's official channels.

X. Liên Hệ

CÔNG TY CỔ PHẦN CÔNG NGHỆ UPBASE

• UPBASE TECHNOLOGY JOINT STOCK COMPANY
• Head Office: 3rd Floor, Diamond Flower Building, 48 Le Van Luong Street, Nhan Chinh Ward, Thanh Xuan District, Hanoi City
• Ho Chi Minh City Office: 98 Nguyen Cong Tru Street, Nguyen Thai Binh Ward, District 1, Ho Chi Minh City
• Ho Chi Minh City Warehouse: Tan Phu Trung Industrial Park, 05 National Highway 22, Tram Bom Hamlet, Tan Phu Trung Commune, Cu Chi District, Ho Chi Minh City, Vietnam
• Số điện thoại: (+84) 868 747 247