Terms of Service / Điều khoản Dịch vụ
Version / Phiên bản: {{tos_version}} Effective / Hiệu lực: {{effective_date}}
⚠️ Starting template. Have Vietnamese counsel review before publishing.
1. Acceptance / Chấp nhận
By signing up for or using License Tracker (the "Service"), you ("Customer") agree to these Terms of Service ("Terms"). If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation.
Bằng việc đăng ký hoặc sử dụng License Tracker ("Dịch vụ"), bạn ("Khách hàng") đồng ý với Điều khoản Dịch vụ này. Nếu chấp nhận thay mặt tổ chức, bạn xác nhận có quyền ràng buộc tổ chức đó.
2. Service description / Mô tả dịch vụ
License Tracker is a software-asset-management SaaS that:
- Inventories software installed on Customer's devices via an agent the Customer chooses to deploy
- Classifies the inventory (licensed / free / needs attention / unknown)
- Generates compliance reports and dashboards for Customer's internal use
The Service does not report Customer data to software vendors, copyright enforcement organisations, or government agencies — see §7 of the Privacy Policy.
3. Acceptable use / Sử dụng hợp lệ
Customer shall not, and shall not permit any third party to:
(a) reverse-engineer, decompile, or attempt to derive source code of the Service (except where permitted by mandatory Vietnamese law, e.g. for interoperability); (b) use the Service to infringe any third party's rights; (c) interfere with the Service's operation (e.g. flood telemetry, attempt to bypass rate limits, probe for vulnerabilities outside our coordinated-disclosure programme); (d) deploy agents on devices outside Customer's legitimate operational scope (e.g. an employee's personal device without explicit consent); (e) resell the Service or expose the Service's API to third parties without our prior written consent.
Violation may result in suspension or termination per §10.
4. Subscription terms / Điều khoản thuê bao
4.1 Plans
The current plans, prices, and feature sets are at licensetracker.vn/pricing. We may change pricing for new sign-ups at any time; existing customers receive 60 days' notice of any increase, after which they may cancel without penalty.
4.2 Billing
Subscriptions are billed in advance — monthly or annually — in Vietnamese Dong (VND) or US Dollars (USD), depending on the Customer's country. VAT-registered Vietnamese customers receive electronic VAT invoices (Hóa đơn GTGT điện tử) compliant with the General Department of Taxation regulations.
4.3 Usage-based billing
Per-device pricing tiers have soft caps (warning at 90%) and hard caps (new agents not enrolled at 100% until upgrade). Overages auto-renew at the same per-seat rate unless the Customer changes plan.
4.4 Renewals
Subscriptions auto-renew at the end of each billing period unless cancelled. Annual subscriptions renew 14 days before the period end at the then-current price.
4.5 Cancellation + refunds
- Monthly: cancel anytime; access continues until period end; no refund.
- Annual: cancel for any reason within 14 days of original purchase for full refund; thereafter pro-rata refund of unused months minus an early-termination fee equal to 1 month's fee.
- Refund processing: within 14 business days via the original payment method.
5. Free trial / Dùng thử miễn phí
We offer a 14-day free trial with no credit card required. At trial end, the account is paused (read-only) for 30 days; without conversion the account is cancelled and data deleted per §8.
6. Data ownership / Sở hữu dữ liệu
Customer Data (the software-inventory data the agents report, plus Customer's account + billing data) is and remains the property of Customer. By using the Service, Customer grants License Tracker a limited, non-exclusive, royalty-free licence to process Customer Data solely to provide the Service. The processing relationship is governed by the Data Processing Agreement.
License Tracker IP: All rights, title, and interest in the Service, including the agent source code, dashboard, and documentation, remain with License Tracker. The agent source is published on GitHub under the AGPLv3 licence — customer use of the agent within the Service is also governed by the AGPLv3 grant for the agent component.
7. Warranties and disclaimers / Bảo đảm và miễn trừ
The Service is provided "as is" and "as available". To the maximum extent permitted by Vietnamese law, License Tracker disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
License Tracker does warrant that:
- The Service materially conforms to the documentation
- We will use commercially reasonable efforts to maintain 99.5% monthly uptime (Enterprise customers may negotiate higher SLAs)
- We will not knowingly introduce malware
Customer's sole remedy for warranty breach is service credit per the SLA, plus termination for material breach per §10.
8. Data return + deletion / Trả + xóa dữ liệu
On cancellation:
- Customer retains read-only access for 30 days to export data
- After 30 days, all Customer Data is permanently deleted from production systems
- Backup copies are deleted within an additional 90 days
- License Tracker provides written confirmation of deletion on request
Vietnamese tax law requires us to retain billing records (including invoices and payment confirmations) for 10 years.
9. Limitation of liability / Giới hạn trách nhiệm
To the maximum extent permitted by law:
- Each Party's aggregate liability under these Terms is capped at the fees paid by Customer in the 12 months preceding the event giving rise to liability.
- Neither Party is liable for indirect, incidental, consequential, or punitive damages (loss of profits, data, goodwill).
These limits do not apply to: (a) Customer's payment obligations; (b) breach of confidentiality; (c) gross negligence or wilful misconduct; (d) any liability that cannot be limited under mandatory Vietnamese law.
10. Indemnification / Bồi thường
By License Tracker: We will defend Customer against any third-party claim that the Service, as provided by us, infringes Vietnamese intellectual property rights, and will pay damages finally awarded, subject to (a) Customer notifying us promptly, (b) granting us sole control of the defence, and (c) reasonable cooperation. We may, at our option, modify the Service or procure rights to avoid infringement.
By Customer: Customer will defend License Tracker against claims arising from Customer Data, Customer's use of the Service in breach of §3, or Customer's failure to obtain employee consent per Article 28 of the Labor Code 2019 before deploying the agent.
11. Term and termination / Thời hạn và chấm dứt
These Terms remain in force as long as Customer has an account. Either Party may terminate for material breach with 30 days' written notice and a 15-day cure period. Either Party may terminate immediately on (a) the other's insolvency or (b) discovery of a security breach by the other that materially threatens the other Party's systems.
Sections 4 (outstanding fees), 6 (data ownership), 8 (deletion), 9 (liability), 10 (indemnity), 12 (governing law), and 13 (general) survive termination.
12. Governing law + disputes / Luật áp dụng + giải quyết tranh chấp
These Terms are governed by the laws of the Socialist Republic of Vietnam, without regard to conflict-of-laws principles.
Disputes shall be finally resolved by arbitration administered by the Vietnam International Arbitration Centre (VIAC) under its rules in force at the time of the dispute. The seat shall be Ho Chi Minh City; proceedings shall be conducted in Vietnamese, with simultaneous English interpretation if requested by either Party. The number of arbitrators shall be one for disputes under USD 100,000 in amount, otherwise three. The arbitral award is final and binding.
13. General / Quy định chung
- Notices: to License Tracker at [email protected]; to Customer at the email on file in the dashboard.
- Assignment: neither Party may assign without the other's consent, except as part of a merger or sale of substantially all assets.
- Force majeure: neither Party is liable for delays caused by events beyond reasonable control (natural disasters, government action, internet outages affecting major upstream providers).
- Severability: if any clause is unenforceable, the remainder remains in force.
- No waiver: failure to enforce a right does not waive it.
- Entire agreement: these Terms + the DPA + any signed Order Form form the entire agreement.
14. Contact / Liên hệ
- General: [email protected]
- Legal: [email protected]
- Billing: [email protected]
- Security: [email protected]
- DPO: [email protected]