These Backup Service Terms are a legal agreement between Công ty Cổ phần Giải Pháp Công Nghệ và Phần Mềm Phổ Tuệ (‘HiTechCloud’, ‘Pho Tue SoftWare Solutions JSC’, ‘we’) and each of our customers (‘you’, ‘Customer’) when usingwebsite backup serviceoremail backup service(collectively referred to as: Backup Service).

If you sign up to useBackup servicesof our services for personal purposes, you are bound by these terms of service when you register. If you register on behalf of a business or organization, the legal entity of that business or organization (which, for convenience, we will also refer to as ‘you’) is bound by these terms of service when you register.

We may amend these Terms of Service at any time; except in urgent cases, we will notify you by email at least 10 business days in advance of any amendment.

1. Our data backup service

1.1Any other data or personal information you store in the storage space of our Backup service is stored entirely through your own actions. We only handle it at the system level and do not interfere with your data.

1.2We will store any data or other information you back up. All data is held on servers in a data center in Singapore, using cloud storage services owned by Amazon Web Services, Google Cloud Platform and Microsoft Azure, or by a partner provider. By using our backup service, you agree that all data you back up will be moved to servers in Singapore or Vietnam, depending on the product and service.

2. Accounts and security

2.1You must agree that neither we nor you retain the login password for the backup service account. To use our backup service, you must first log in to theService management(https://my.photuesoftware.vn) to log in automatically to the console for managing and monitoring your data backups.

2.2You have full control over managing and monitoring your backup data through the tool Pho Tue Software Solutions JSC provides. You understand and agree that Pho Tue Software Solutions JSC does not access or manage any of your data stored on the backup service servers. Accordingly, Pho Tue Software Solutions JSC is not responsible for any issue concerning the integrity of your backed-up data, or for errors, loss, or gaps in it.

2.3You are fully responsible for the use of your account. You must notify us immediately of any use that you believe involves, or has involved, unauthorized access to your account — for example because you forgot to log out of the browser after use, accessed the account from another device's browser without logging out, or through cookies.

2.4We will take every measure required by applicable laws and regulations to protect the data and other information, including personal data, that you store on our backup service.

3. Payment

3.1You must pay us to use our backup service, excluding any free trial period.

3.2By registering for the service, you agree to comply with our payment rules and instructions.

3.3Pho Tue SoftWare Solutions JSC cannot and will not be liable, and has no obligation to compensate, for any consequence or damage arising from your failure to fully comply with these payment provisions.

4. Content stored by the user

You are solely responsible for all information, data, text, images, graphics, video and other material you choose to back up using our service. However, by using our backup service you agree that we may disclose or delete any backed-up data if we become aware that any of the content breaches, or may breach, Vietnamese law, infringes copyright, or breaches any other law or regulation we are required to follow.

5. Service use and restrictions

5.1You acknowledge and agree that you will not copy, sublicense, rent, lend, transfer, modify, adapt, distribute or create derivative works from, reverse-engineer or disassemble any of our data backup services, nor attempt to extract their source code.

5.2You agree that the internet, or the systems, servers and equipment through which we provide your data backup service, may at times be wholly or partly unavailable because of factors such as unexpected equipment failure, maintenance (emergency, scheduled or otherwise), hardware or software upgrades, telecommunications faults, or other factors outside our control — and you agree that we are in no way liable to you for any such issue affecting us.

6. Termination

6.1You may stop using our data backup service once the service term has expired, without giving any reason and without any form of compensation or penalty.

6.2We may intervene to terminate your use of the backup service, with no refund of any fee, if any of the following occurs while you are using it:

  • Conduct that violates Vietnamese law, infringes copyright, or breaches any other law or regulation we are bound by.
  • Failure to pay the registration or renewal fee on time.
  • does not comply with any of theGeneral termsand these Backup Service Terms.

7. Limitation of liability

You have full control over managing and monitoring your backup data through the tool Pho Tue Software Solutions JSC provides. You understand and agree that Pho Tue Software Solutions JSC does not access or manage any of your data stored on the backup service servers. Accordingly, Pho Tue Software Solutions JSC is not responsible for any issue concerning the integrity of your backed-up data, or for errors, loss, or gaps in it.

You agree that neither we nor any of our employees is responsible for any special, indirect or consequential damages, including but not limited to loss of data or other intangible losses, even where we have been advised of the possibility of such damages arising from the use of, or inability to use, any of our data backup services. We also accept no responsibility in connection with any unauthorized access to your account or any alteration of data you have backed up using our data backup service.

You acknowledge that our data backup service may be subject to errors, omissions, technical delays, hardware maintenance, software upgrades, service unavailability, or replacement of your information. In such cases, you specifically agree that we shall not be held liable for any resulting damages.

We make no guarantee as to how quickly data will be moved during a backup, because this depends on other factors such as connection bandwidth, data size and server performance…

We do not guarantee the removal of files infected with malware during the backup process.

We accept no legal liability where a backup or restore fails, since we cannot guarantee that operations are free of oversights or carelessness, that data is not overwritten, or that backup data is not corrupted or faulty.

We are not liable for any errors, loss of information, or loss of data arising after a restore or as a result of data being overwritten.

We do not guarantee to remedy errors after a restore, because backup and restore are performed by the user; we cannot intervene in, and do not manage, your backup data.

We do not log in to the Customer's account to schedule jobs, run backups, restore data, or set up and customize configurations on the Customer's behalf. The Customer can perform all of these actions directly in the backup service's own console.

We do not migrate data or download compressed archives on the customer's behalf. Customers can do this themselves directly in the backup service's own tools.

You understand and agree that all backup data you are storing will be deleted immediately once the service expires. If you fail to renew in time, we do not guarantee to retain your data, and we bear no legal responsibility whatsoever for any related issues.

In addition, we will not be liable to you for any fraud, negligence or breach of obligation that may cause you indirect or non-material loss, so far as the law permits. Our liability for any such act will in all cases be limited to the total fees we received from you in the preceding year, before the incident giving rise to liability.

8. Compensation and warranty

You agree to indemnify, defend, and hold us, our affiliated companies, and our employees and related personnel harmless against any third-party claim arising from your use of our data backup service in violation of these Terms of Service, and/or from the data you back up using our data backup service.

We provide our data backup service on an “as is” basis and make no warranty of any kind, express or implied, including but not limited to warranties of merchantability, operation, fitness for a particular purpose, non-infringement or accuracy of information. We further do not warrant that our data backup services will meet your requirements, will be error-free or uninterrupted, will produce any particular result, or that any given fault will be corrected.

You warrant that any data you back up using our data backup service is backed up at your own risk, and that you bear full responsibility for any claim or damage to any person or property arising from your backing up that data.

9. SLA

9.1 Planned maintenance and emergency maintenance

The system is designed so that the service keeps running smoothly even while patches, upgrades or hardware expansion are in progress. Scheduled maintenance windows to limit downtime are therefore not usually necessary. Where one is required, we will notify you at least 03 days in advance with details of the work and its expected impact on the service. Emergency maintenance is rare, but where it is required to keep the service running safely, we cannot guarantee that we will be able to notify you in time.

9.2 Service refund policy

Pho Tue SoftWare Solutions JSC commits to 99.9% uptime over a defined calendar month. If system downtime exceeds that threshold, we will refund the service fee for that month, based on the agreement between the Two Parties.

Definitions:

“Backup” is the process of copying customer data to the backup system.

“Deployment Minutes” is the total number of minutes a data unit is backed up to the Backup service.

“Failure” means a backup or restore operation does not succeed because the Backup service is unavailable.

“Maximum Available Minutes” is the total Deployment Minutes across all data units in a given month.

“Data Unit” means a set of data — such as a data volume, website files, a database or email — that has been scheduled for backup with us and is treated as one Data Unit in our management system.

“Restore” or “Recovery” is the process of restoring your data from our systems back to you.

“Downtime” means the total number of Deployment Minutes, across all Data Units you have scheduled for backup, during which our Backup service was unable to perform. Downtime is calculated from the moment our system becomes unable to provide the Backup service for a Data Unit — starting from the first Failure — until it is able to successfully back up another Data Unit.

The monthly uptime percentage is calculated with the following formula:

Maximum available minutes – Downtime X 100

Maximum available minutes

Pho Tue SoftWare Solutions JSC will issue refunds as follows:

LimitMonthly uptime percentageRefund based on the monthly fee
199.89% – 99.50%25%
299.49% – 99%50%
398.99% – 97.0%75%
496.99 –0%100%

We refund the service fee for the month in which the downtime occurred.

Non-refundable cases:

  • Planned and emergency maintenance do not count as downtime.
  • Pho Tue SoftWare Solutions JSC refunds only the services that were affected.
  • To obtain a refund, send us a request so we can verify and reconcile the details.
  • No refunds are given in force majeure events, including but not limited to war, civil unrest, natural disasters, and the like.

10. Final provisions

If any provision of these Terms of Service is found to be unenforceable, the remaining provisions will remain in effect and enforceable in line with your intent and ours.

Updated: 23/01/2025