Website Terms of Service
LEGAL BASIS
This Agreement is built on the relevant Vietnamese legal instruments and international treaties, including but not limited to:
- The Civil Code 2015 (Bộ luật Dân sự 2015) — Articles 20, 117, 357, 360–364, 385–429 and 468 on legal capacity, contract formation and performance, liability for damages, and interest;
- the Commercial Law 2005 (Luật Thương mại 2005), Articles 14 and 317 on standard trading conditions and commercial dispute resolution;
- Law on Electronic Transactions 2023 (Articles 35–38 on electronic contracts);
- Telecommunications Law 2023 (Law No. 24/2023/QH15) and its implementing documents;
- Circular 28/2026/TT-BKHCN on the list of telecommunications services subject to mandatory quality management (effective 15 July 2026);
- The Cybersecurity Law 2025 (Luật An ninh mạng 2025, Law No. 116/2025/QH15, effective 1 July 2026 — consolidating and replacing the Cybersecurity Law 2018 and the Law on Network Information Security 2015);
- the Personal Data Protection Law 2025 (Luật Bảo vệ dữ liệu cá nhân 2025, Law No. 91/2025/QH15, effective 1 January 2026) and Decree 356/2025/NĐ-CP;
- Data Law 2024 (Law No. 60/2024/QH15, effective 01/7/2025);
- The E-Commerce Law 2025 (Luật Thương mại điện tử 2025, Law No. 122/2025/QH15, effective 1 July 2026 — replacing Decree 52/2013/NĐ-CP and Decree 85/2021/NĐ-CP);
- The Law on Digital Technology Industry 2025 (Luật Công nghiệp công nghệ số 2025, Law No. 71/2025/QH15, effective 1 January 2026) covering digital technology, digital assets, artificial intelligence and semiconductors;
- Artificial Intelligence Law 2025 (Law No. 134/2025/QH15, effective 01/3/2026);
- the Digital Transformation Law 2025 (Luật Chuyển đổi số 2025 — Law No. 148/2025/QH15, effective 1 July 2026, replacing the Law on Information Technology 2006) and the High Technology Law 2025 (Luật Công nghệ cao 2025 — Law No. 133/2025/QH15, effective 1 July 2026);
- The Law on Tax Administration 2025 (Luật Quản lý thuế 2025, Law No. 108/2025/QH15, effective 01/7/2026 — replacing the Law on Tax Administration 2019); Decree 252/2026/ND-CP and Circular 89/2026/TT-BTC providing implementation guidance;
- the Law on Personal Income Tax 2025 (Law No. 109/2025/QH15) and the Law on Value-Added Tax; Decree 254/2026/ND-CP and Circular 91/2026/TT-BTC on electronic invoices and documents;
- Decree 174/2026/ND-CP on administrative penalties in the fields of post, telecommunications, radio frequencies, electronic transactions, and information technology (effective 01/7/2026);
- Circular 56/2026/TT-BTC on telecommunications operating rights fees and telecommunications business license fees;
- Circular 34/2026/TT-BKHCN on the planning of telecommunications numbering and internet resources;
- The national technical regulations on trust services applicable to SSL/digital signature services include Circular 50/2025/TT-BKHCN (public digital signatures), Circular 51/2025/TT-BKHCN (timestamp issuance), Circular 53/2025/TT-BKHCN (authentication of data messages); and Circular 47/2026/TT-BCA (QCVN on cybersecurity for electronic document storage systems);
- Law on Anti-Money Laundering 2022;
- Law on Intellectual Property (amended and supplemented 2022);
- Law on Protection of Consumer Rights 2023;
- Accounting Law 2015 (Articles 16–19 on vouchers and accounting data retention);
- Civil Procedure Code 2015 (Bộ luật Tố tụng Dân sự 2015);
- The Penal Code 2015 (Bộ luật Hình sự 2015), as amended in 2017
- Law on Commercial Arbitration 2010;
- Decree 91/2020/NĐ-CP;
- Decree 147/2024/NĐ-CP;
- GDPR (Articles 5, 24, 33, 34) — applied by reference to Customers and data subjects within its scope.
PART I – GENERAL INFORMATION AND DEFINITIONS
Full legal name: Công ty Cổ phần Giải pháp Công nghệ và Phần mềm Phổ Tuệ
English name: Pho Tue SoftWare And Technology Solutions Joint Stock Company
Registered office: 128 Đường Bình Mỹ, xã Bình Mỹ, Thành phố Hồ Chí Minh
Phone: 0865.920041 Email: info@photuesoftware.com
Support email: support@photuesoftware.comComplaints email: report@photuesoftware.com
Service website: hitechcloud.vnCompany website: photuesoftware.com
Tax code / business registration: 0318222203, registered on 20 December 2023 with the Ho Chi Minh City Department of Planning and Investment, amended for the second time on 20 January 2026 with the Ho Chi Minh City Department of Finance.
Telecommunications service provision registration certificate: No. 18/GCN-SKHCN, issued on 10/03/2026 by the Ho Chi Minh City Department of Science and Technology.
Article 1. Introduction and scope
1.1. This Terms of Service Agreement ("Agreement") is a legally binding document between the Customer (any individual or organization that registers, logs in, uses, or pays for any service) and Công ty Cổ phần Giải pháp Công nghệ và Phần mềm Phổ Tuệ (Pho Tue SoftWare And Technology Solutions Joint Stock Company), referred to as "HiTechCloud" or "we."
1.2. By: (a) clicking "Agree," "Create Account," or an equivalent button; (b) using any service; (c) paying any fee; or (d) providing personal information to register — the Customer confirms having read, understood, and agreed to be bound by the entire content of this Agreement.
1.3. If the Customer does not agree with any provision, the Customer may not use the service. Continuing to use the service after HiTechCloud has given notice of a change to the Terms constitutes the Customer's acceptance of that change.
1.4. This Agreement applies to all services provided by HiTechCloud, including but not limited to: hosting, domains, Cloud Server, email hosting, SSL Certificates, AI/MaaS services, and other information technology services. Specific service terms form appendices to this Agreement and carry equal legal effect.
Article 2. Definitions
2.1. “Services” means all of the products, platforms, applications, APIs, tools and digital infrastructure that HiTechCloud operates and provides to the Customer, including the customer management portals at hitechcloud.vn and photuesoftware.com.
2.2. “Customer” means any individual (aged 18 or over, or with full civil legal capacity) or duly established legal entity that has registered for and uses the Service.
2.3. “Account” is the registration record of an individual or organization in the HiTechCloud system, comprising the username, password, identification details and all linked services.
2.4. “Customer Content” means any data, text, image, audio, video, software, source code, database or document that the Customer uploads, stores, transmits or processes through the Service.
2.5. “Personal data” means digital data, or information in another form, that identifies or helps to identify a specific individual, comprising basic personal data and sensitive personal data as defined in the Personal Data Protection Law 2025 (Luật Bảo vệ dữ liệu cá nhân 2025).
2.6. “Personal data controller / processor” are understood as defined in the Personal Data Protection Law 2025 (Luật Bảo vệ dữ liệu cá nhân 2025): the Controller determines the purposes and means of Processing; the Processor carries out Processing on the Controller's behalf under a contract or authorization.
2.7. “Sub-account” is an account created by the primary Customer to grant limited access to employees, resellers or third parties.
2.8. “Force majeure event” means an event beyond a party's reasonable control, including natural disaster, war, epidemic, a decision of a state authority, a large-scale external cyber attack, or failure of a third party's telecommunications infrastructure.
2.9. “eKYC” is the electronic identity verification process, which may be carried out through the VNeID national identity portal in accordance with applicable law.
PART II – CONDITIONS OF USE AND ACCOUNTS
Article 3. Eligibility to order and use the service
3.1. To use the Service, the Customer must meet all of the following conditions:
- (a) Individuals: be at least 18 years old and have full civil act capacity under Article 20 of the Civil Code 2015 (Bộ luật Dân sự 2015); reside lawfully in Vietnam or in a country where HiTechCloud provides services;
- (b) Persons under 18 years of age: the consent or written approval of a legal guardian is required; the guardian acts as representative and bears legal responsibility for every action of that individual throughout their use of the service;
- (c) Organization/business: registered and lawfully operating; the representative is authorized to sign the contract;
- (d) Not on any blacklist or sanctions list maintained by a competent Vietnamese or international authority (OFAC, EU, UN);
- (e) Provide accurate, complete and up-to-date registration details;
- (f) Complete the identity verification (eKYC) process required by HiTechCloud, mandatory from 1 July 2026.
By registering for the service, the Customer confirms that the information provided is accurate and truthful and fully complies with the conditions set out above.
3.2. HiTechCloud has the right to refuse to provide the Services to any individual or organization without giving a reason, provided that all fees already paid (if any) are refunded in full within 7 working days.
3.3. The Customer undertakes not to use the Service to carry out any activity that breaches Vietnamese law, international law, or HiTechCloud's Acceptable Use Policy (AUP).
Article 4. Account management
4.1. The Customer is fully responsible for all activity that takes place under its Account, including the actions of employees, agents, sub-accounts or any third party granted access.
4.2. The Customer is obliged to: (a) keep passwords and login details secure; (b) enable two-factor authentication (2FA); (c) notify HiTechCloud within 24 hours of detecting or suspecting unauthorized access; (d) keep account information complete and up to date; and (e) not transfer the account to a third party without HiTechCloud's written or emailed consent.
4.3. HiTechCloud is not liable for loss arising from the Customer's failure to fully perform the account security obligations set out above.
4.4. Where identity verification is required by law or for fraud prevention, HiTechCloud has the right to restrict access to the account temporarily until the Customer completes the verification process.
PART III – RIGHTS AND OBLIGATIONS OF THE PARTIES
Article 5. HiTechCloud's rights and obligations
5.1. HiTechCloud may: (a) adjust, upgrade, maintain or temporarily suspend the Service with at least 24 hours' notice (except in a security emergency); (b) refuse, suspend or terminate the Service where the Customer breaches the Agreement; (c) change service pricing with at least 30 days' notice to the registered email address; (d) inspect and monitor the service for security, legal compliance and quality assurance purposes; (e) provide information to competent authorities as required by law; and (f) apply technical and legal measures to prevent breaches.
5.2. HiTechCloud is obliged to: (a) provide the Service in line with its SLA commitments; (b) protect personal data under the Personal Data Protection Law 2025, Decree 356/2025/NĐ-CP and the Privacy Policy; (c) give timely notice of technical incidents affecting the Service; (d) provide technical support at the level of the plan the customer has registered; (e) refund fees under the Refund Policy where the conditions are met; and (f) retain records, invoices and transaction logs under the Accounting Law 2015 (for at least 10 years).
Article 6. Customer rights and obligations
6.1. The Customer has the right to: (a) use the Service under the registered plan; (b) receive technical support and have inquiries answered; (c) access, correct, or delete personal data under the Personal Data Protection Policy (PDPD); (d) file a complaint under the Complaint Procedure; (e) receive advance notice of material changes affecting the Service.
6.2. The Customer is obliged to: (a) pay in full and on time under the Payment Policy; (b) comply with the AUP and all terms of use; (c) not use the Services for any purpose prohibited under Clause 7; (d) bear sole responsibility for the legality of Customer Content; (e) cooperate with HiTechCloud in investigating incidents or breaches; and (f) maintain independent backups of its own data — HiTechCloud is not to be relied on as the sole backup service.
PART IV – PROHIBITED CONDUCT (AUP)
Article 7. Strictly prohibited conduct
7.1. All criminal activity is strictly prohibited, including: (a) distributing, storing or transmitting child sexual abuse material (CSAM) or child exploitation content (Articles 326 and 147 of the Penal Code 2015, as amended in 2017 — Bộ luật Hình sự 2015); (b) organizing, participating in, or providing infrastructure for terrorism or terrorist financing; (c) money laundering and financing the proliferation of weapons of mass destruction (Law on Anti-Money Laundering 2022 — Luật Phòng, chống rửa tiền 2022); (d) cyberattacks, unauthorized system intrusion, and damage to critical information infrastructure (Cybersecurity Law 2025 — Luật An ninh mạng 2025); (e) online fraud and misappropriation of property (Article 174 of the Penal Code 2015, as amended in 2017).
7.2. Activities that breach cybersecurity or the rights of other users are prohibited: (a) distributing viruses, malware, ransomware or spyware; (b) DDoS/DoS attacks, unauthorized port scanning and network sniffing; (c) exploiting security vulnerabilities in HiTechCloud or third-party systems; (d) spoofing identities, IP addresses or email headers; and (e) unlawfully collecting personal data (scraping, phishing, social engineering).
7.3. Activities that infringe intellectual property rights are prohibited: (a) storing or distributing unauthorized copyrighted software, films, music, or documents; (b) counterfeiting trademarks or trade names (Intellectual Property Law); (c) creating or operating phishing websites that impersonate financial institutions, government bodies, or businesses.
7.4. Activities that harm shared infrastructure are prohibited: (a) cryptocurrency mining on shared resources without a dedicated package; (b) email spam and bulk email sent without consent (Decree 91/2020/NĐ-CP); (c) excessive resource consumption (resource abuse); (d) operating botnets or anonymizing proxies for unlawful purposes; and (e) distributing content that incites hatred or racial or religious discrimination.
7.5. (Additional) It is prohibited to misuse artificial intelligence or Deepfake technology to falsify information, manipulate public perception, create or spread false or fraudulent content, or infringe the rights of third parties, consistent with the Law on Cybersecurity 2025 (Luật An ninh mạng 2025) and the Law on Artificial Intelligence 2025 (Luật Trí tuệ nhân tạo 2025).
7.6. (Penalties) Violations may be handled under Decree 174/2026/NĐ-CP on administrative sanctions in the fields of posts, telecommunications, radio frequencies, electronic transactions, and information technology; the decree on administrative sanctions in cybersecurity and personal data protection; and other applicable regulations. Serious violations may result in criminal prosecution.
PART V – SERVICE FEES AND PAYMENT
Article 8. Service fees and billing cycle
8.1. Service fees are listed at hitechcloud.vn and my.hitechcloud.vn and are subject to change. HiTechCloud gives at least 15 to 30 days' advance notice of any price increase affecting a service already in use.
8.2. The billing cycle may be monthly, quarterly, annual or per an agreed package. Services do not renew automatically unless the Customer enables auto-renewal.
8.3. All listed prices exclude VAT. Electronic invoices and records are issued after successful payment, in accordance with the Law on Tax Administration 2025 (Luật Quản lý thuế 2025), Decree 254/2026/NĐ-CP (Nghị định 254/2026/NĐ-CP) and Circular 91/2026/TT-BTC (Thông tư 91/2026/TT-BTC) on electronic invoices and records.
8.4. For contracts valued at VND 5,000,000,000 (five billion dong) or more, the parties may agree separate payment terms in a signed written contract.
8.5. Details of payment methods, the invoicing process and refund conditions are set out in the Payment Policy and the Refund Policy.
8.6. HiTechCloud fully performs its tax declaration, payment, and invoice management obligations under the Tax Administration Law 2025 (Luật Quản lý thuế 2025) and its implementing regulations. The Customer is responsible for providing accurate invoicing information; Customers doing business on digital platforms/e-commerce are solely responsible for fulfilling their own tax obligations under applicable law.
Article 9. Consequences of late payment
9.1. Where the Customer pays late, HiTechCloud applies the following process in order:
- Days 1–3 after the due date: automated payment reminder email;
- Days 4–7 past due: notice of service suspension by email and SMS;
- Days 8–14 past due: the service is suspended and data is preserved;
- Days 15–30 after the due date: the service is fully locked and a restoration fee of VND 200,000 – 500,000 applies depending on each service's policy (except Domain services, which follow the Registrar's rules);
- After day 30: the service is terminated; the Customer has 15 days from termination to export data, after which the data is permanently deleted and cannot be recovered.
9.2. Late payment interest applies under Articles 357 and 468 of the Civil Code 2015 (Bộ luật Dân sự 2015), equal to 0.5% per month on the outstanding amount.
9.3. The Customer bears all reasonable debt recovery costs, including legal fees, legal advisory fees and court costs (if any).
PART VI - DATA, SECURITY, AND PRIVACY
Article 10. Data ownership and processing
10.1. Customer Content belongs to the Customer. HiTechCloud claims no ownership of Customer Content beyond the technical processing rights necessary to provide the Service.
10.2. The Customer grants HiTechCloud a limited, non-exclusive right of use in order to: (a) store and back up; (b) distribute via CDN; (c) analyze in order to improve the service (aggregated, anonymized data); (d) comply with legal requirements.
10.3. Data processing role. For personal data that the Customer collects and uploads to the system, the Customer is the Data Controller and HiTechCloud is the Data Processor, processing the data on the Customer's instructions and under its contract with the Customer. For personal data that HiTechCloud collects directly from the Customer in order to provide the service, HiTechCloud is the Data Controller under the Personal Data Protection Law 2025 (Luật Bảo vệ dữ liệu cá nhân 2025).
10.4. After a service is terminated, HiTechCloud will: (a) delete or destroy the Customer's personal data within 30 days, except data that must be retained by law or at the request of a state authority; (b) help export a copy of the data in a common format within 15 business days, provided the Customer has a valid and current backup service; and (c) retain financial transaction records for at least 10 years under the Accounting Law 2015.
Article 11. Consent, cookies and the “do not track” mechanism
11.1. Personal data (dữ liệu cá nhân) may only be processed with the consent of the data subject, except in cases where the law permits processing without consent. Consent may be given in writing, by voice, by checking a consent box, by message or email syntax, or through an action on the system, and may be withdrawn at any time.
11.2. On its service portals and websites, HiTechCloud provides an option allowing users to refuse the collection and sharing of tracking files (cookies) and to select “do-not-track”. Tracking is carried out only with consent.
11.3. HiTechCloud does not require users to supply images or video containing all or part of an identity document as an account verification factor, except where the law requires it (for example eKYC) and with appropriate safeguards in place.
Article 12. Cross-border transfer and processing of personal data
12.1. The transfer of Vietnamese citizens' personal data overseas (storage, backup, distribution via CDN, or processing by foreign infrastructure providers) complies with the Personal Data Protection Law 2025 (Luật Bảo vệ dữ liệu cá nhân 2025) and the Data Law 2024 (Luật Dữ liệu 2024) on cross-border data transfer and processing, including preparing a cross-border data transfer impact assessment record where mandatory.
12.2. Where the Customer selects an infrastructure region or configuration that results in data being stored or processed outside the territory of Vietnam, the Customer is responsible for ensuring a valid legal basis for the data transfer and for cooperating with HiTechCloud in preparing an impact assessment file when requested.
Article 13. Impact assessment and the burden of demonstrating compliance
13.1. HiTechCloud prepares and retains a Data Protection Impact Assessment (DPIA) record for processing activities in which it acts as the Data Controller, and submits one original copy to the competent personal data protection authority within the statutory deadline. For activities in which HiTechCloud acts as the Data Processor, the DPIA is prepared and retained as agreed with the Customer (as Data Controller).
13.2. HiTechCloud maintains a dedicated personal data protection function/officer (DPO) and a contact point for requests at report@photuesoftware.com, in accordance with Decree 356/2025/ND-CP.
Article 14. Information security and data breach notification
14.1. HiTechCloud applies appropriate technical and organizational measures in line with ISO/IEC 27001, including: encryption of data at rest and in transit (AES-256, TLS 1.3), access control (RBAC), intrusion detection (IDS/IPS) and periodic security testing.
14.2. In the event of a personal data breach, HiTechCloud will: (a) notify the competent authority (the Department of Cybersecurity and High-Tech Crime Prevention – A05, Ministry of Public Security) within the statutory deadline; (b) notify affected Customers and data subjects at their registered email address; (c) provide information on the scope of the breach, the categories of data affected and the remedial measures taken; and (d) implement containment and remediation measures immediately.
14.3. The Customer is obliged to notify HiTechCloud as soon as possible on discovering an information security incident or a data breach relating to Customer Content, so that the two parties can coordinate a response within the statutory deadline.
PART VII - CYBERSECURITY, E-COMMERCE, AI, AND TELECOMMUNICATIONS
Article 15. Cybersecurity obligations under the Law on Cybersecurity 2025
15.1. As an enterprise providing services over telecommunications networks, the Internet and value-added services in cyberspace, HiTechCloud cooperates in blocking and removing information that breaches cybersecurity law at the lawful request of a competent authority:
- Up to 24 hours from receipt of a valid request concerning ordinary unlawful content;
- Up to 6 hours in an emergency directly affecting national security.
15.2. The Customer undertakes to cooperate and to ensure that Customer Content does not fall within the category of infringing information. HiTechCloud's removal, suspension or restriction of content or services in order to comply with a requirement of a competent authority does not constitute a breach of the Agreement by HiTechCloud.
15.3. Information systems are classified and protected according to cybersecurity levels (5 levels). HiTechCloud applies data security measures, encryption, access-permission controls, backup and monitoring appropriate to the corresponding level.
Article 16. E-commerce under the Law on E-Commerce 2025
16.1. For services with an e-commerce component (sales websites, online service booking/purchase portals, intermediary digital platforms), HiTechCloud and the Customer shall comply with the E-commerce Law 2025, including obligations regarding information transparency, consumer protection, and tax.
16.2. Customers that use HiTechCloud infrastructure to run e-commerce operations are solely responsible for completing registration/notification obligations, tax declaration and payment, and for complying with the regulations on goods and services permitted for trade.
Article 17. Artificial intelligence, digital assets, and AI/MaaS services
17.1. HiTechCloud's AI/MaaS and digital technology services comply with the Law on Digital Technology Industry 2025 (Luật Công nghiệp công nghệ số 2025) and the Law on Artificial Intelligence 2025 (Luật Trí tuệ nhân tạo 2025), including the principles of transparency, safety, risk management and the labeling of AI-generated content where required by law.
17.2. The Customer shall not use AI services to create or disseminate deepfake content, manipulate perception, commit fraud or infringe the rights of third parties. The Customer is responsible for the input data and the output generated from its use of the AI services.
Article 18. Telecommunications service quality
18.1. HiTechCloud provides services under the telecommunications service provision registration certificate issued to it, and complies with the Law on Telecommunications 2023 (Luật Viễn thông 2023) together with the technical standards and rules in force on telecommunications service quality management, including Circular 28/2026/TT-BKHCN (Thông tư 28/2026/TT-BKHCN), effective 15 July 2026.
18.2. For domain and Internet resource services, HiTechCloud complies with the regulations on management of the telecommunications numbering plan and Internet resources (Circular 34/2026/TT-BKHCN) and with the Registrar's rules. For SSL Certificate and digital signature services, the Service is provided in accordance with the current national technical regulations (QCVN) on trust services.
18.3. Service level, uptime, and compensation commitments are set out in the Service Level Agreement (SLA) Appendix.
PART VIII – INTELLECTUAL PROPERTY
Article 19. HiTechCloud's intellectual property rights
19.1. All intellectual property of HiTechCloud (software, source code, interfaces, designs, documentation, the “HiTechCloud” brand, logos and registered trademarks) is the exclusive property of HiTechCloud and is protected under the Law on Intellectual Property (Luật SHTT) and the international treaties to which Vietnam is a party.
19.2. This Agreement grants the Customer no ownership rights in HiTechCloud's intellectual property, only a limited right of use for the purpose of consuming the Services.
19.3. The following are strictly prohibited: copying, reverse engineering, decrypting, modifying or creating derivative works from HiTechCloud software; and using the HiTechCloud name, logo or brand for advertising purposes without written consent.
Article 20. The customer's intellectual property rights
20.1. The Customer warrants that it lawfully owns, or is fully licensed for, all Customer Content it uploads.
20.2. The Customer indemnifies HiTechCloud in full against any third-party intellectual property claim relating to Customer Content.
20.3. The DMCA/IP complaint handling process is set out in the IP Terms and the Copyright Complaint Procedure.
PART IX - LIMITATION OF LIABILITY AND WARRANTY
Article 21. Disclaimer of warranties
21.1. The Service is provided on an "AS-IS" and "AS-AVAILABLE" basis. HiTechCloud makes no representations or warranties of any kind, whether express or implied, including as to merchantability, fitness for a particular purpose, or non-infringement of third-party rights, except as otherwise agreed in writing.
21.2. HiTechCloud does not warrant that the Services will: (a) be entirely free of errors or interruptions; (b) meet every specific requirement of the Customer; (c) be compatible with all of the Customer’s devices and software.
21.3. Uptime commitments are set out separately in the Service Level Agreement (SLA) and are binding contractual obligations.
Article 22. Limitation of liability
22.1. In all cases, HiTechCloud's total maximum liability to the Customer in a calendar year shall not exceed the total service fees the Customer actually paid in the 12 months immediately preceding the date the damage arose, or VND 50,000,000 (fifty million VND), whichever is lower.
22.2. HiTechCloud is not liable for indirect damages or damages outside its reasonable control, including: (a) loss of revenue, profit or business opportunity; (b) loss of or damage to data, except where it arises directly from HiTechCloud's willful misconduct or gross negligence; (c) special, incidental or punitive damages; and (d) damages caused by a force majeure event.
22.3. This limitation of liability does not apply to: (a) breach of data confidentiality obligations resulting from HiTechCloud’s wilful misconduct or gross negligence; (b) loss of life or personal injury caused by HiTechCloud’s fault; (c) fraud and violations of the law of Vietnam or of the host country.
Article 23. Indemnity and exclusion of liability
23.1. The Customer agrees to indemnify, defend and hold harmless HiTechCloud, its affiliates, directors, employees, agents and licensors against all claims, losses, damages, court costs and legal fees arising from or relating to: (a) the Customer's breach of the Agreement; (b) infringement of third-party rights (including intellectual property and privacy rights); (c) unlawful Customer Content; and (d) unauthorized use of the Service or use beyond the scope licensed.
PART X – TERM AND TERMINATION
Article 24. Contract term
24.1. This Agreement takes effect on the date the Customer first registers and remains in force until terminated under the clauses below.
24.2. Each individual service has its own term, matching its billing cycle. Once the term ends without renewal, the service moves to expired status with a 30-day grace period for the Customer to act.
Article 25. Termination by the Customer
25.1. The Customer may terminate the Agreement at any time by: (a) sending a request by email to support@photuesoftware.com together with account verification information; (b) canceling the service through the customer management portal (if available); (c) sending a signed written termination request to HiTechCloud's head office.
25.2. Termination does not release the Customer from the obligation to pay fees incurred before the termination date. Prepaid fees are non-refundable unless the conditions in the Refund Policy are met.
Article 26. Termination by HiTechCloud
26.1. HiTechCloud may terminate or suspend the Service immediately without prior notice if: (a) the Customer materially breaches Article 7; (b) a request is received from the competent state authority; (c) fraudulent activity or identity impersonation is detected; (d) the Service is used to attack HiTechCloud's infrastructure or that of a third party.
26.2. HiTechCloud may terminate the Service on 30 days' notice where: (a) payment is more than 30 days overdue; (b) the terms are breached continuously or repeatedly; or (c) HiTechCloud discontinues that particular service type.
26.3. After termination, the Customer has 15 days to export its data, except where termination follows a material breach. After that period the data is permanently deleted.
PART XI – DISPUTE RESOLUTION
Article 27. Negotiation and mediation
27.1. The parties shall first seek to resolve disputes through good-faith negotiation. The Customer submits a complaint under the Complaints Procedure; HiTechCloud responds within 5 working days.
27.2. If negotiation produces no result within 30 days, the parties may request mediation at the Vietnam Mediation Centre (VMC) or at another mediation body agreed by both parties.
Article 28. Governing law and jurisdiction
28.1. This Agreement is governed by the laws of the Socialist Republic of Vietnam.
28.2. Any dispute that cannot be settled by negotiation or mediation will be referred to the competent People's Court in Ho Chi Minh City under Articles 35 and 39 of the Civil Procedure Code 2015 (Bộ luật Tố tụng Dân sự 2015).
28.3. Where the Customer is a foreign organization, the parties may agree to arbitration at the Vietnam International Arbitration Centre (VIAC) under the VIAC Arbitration Rules in force.
PART XII – GENERAL PROVISIONS
Article 29. Amendments and updates to the Agreement
29.1. HiTechCloud may amend these Terms at any time. Notice of an amendment is sent to the registered email address and published on the website at least 15 days before it takes effect (except where the amendment is made to comply with an urgent legal requirement).
29.2. Continued use of the Services after the effective date of an amendment constitutes the Customer's acceptance of that amendment.
29.3. If the Customer does not agree with an amendment, the Customer may terminate the Service within 15 days of receiving notice without penalty, provided that prepaid fees are refunded on a pro-rata basis.
Article 30. Notices
30.1. All legal notices are given in writing via: (a) email to legal@photuesoftware.com (from the Customer to HiTechCloud); (b) the account registration email (from HiTechCloud to the Customer); (c) registered post or DHL to the head office (for important legal notices).
30.2. Notices sent by email are deemed received 24 hours after they are sent. Notices sent by post are deemed received after 5 business days.
Article 31. Severability
31.1. If any provision is held invalid or unenforceable, that provision is severed to the minimum extent necessary and the remaining provisions stay in full force.
Article 32. Entire agreement
32.1. These Terms, together with all annexes, policies and service-specific terms referenced in them, constitute the entire agreement between the parties and supersede all prior agreements and undertakings, whether oral or written.
32.2. There are no implied terms, representations or undertakings beyond those expressly stated. Any amendment must be in writing and signed by an authorized representative of HiTechCloud.
Article 33. Language versions and related documents
33.1. This Agreement is drafted in Vietnamese. Where it is translated into another language, the Vietnamese version prevails.
33.2. Related documents with equal legal force (appendices to this Agreement):
- Personal Data Protection Policy (PDPD)
- Refund policy
- Payment policy
- Service Level Agreement (SLA) commitment
- Service-specific terms (hosting, domain, cloud, AI)
- Intellectual Property Terms
- Non-disclosure agreement (NDA)
- Anti-Money Laundering Policy
- Complaint and dispute resolution process
- Related documents that reference this agreement
COMPANY INFORMATION
CÔNG TY CỔ PHẦN GIẢI PHÁP CÔNG NGHỆ VÀ PHẦN MỀM PHỔ TUỆ
Head office: 128 Đường Bình Mỹ, xã Bình Mỹ, Thành phố Hồ Chí Minh.
Office: Căn hộ OT03, Tòa nhà The Landmark 81, 720A Đ. Điện Biên Phủ, Vinhomes Central Park Tân Cảng, Phường Thạnh Mỹ Tây, TP. Hồ Chí Minh.
Phone: 0865.920041 | Email: info@photuesoftware.com | Website: hitechcloud.vn — photuesoftware.com
Business registration certificate no. 0318222203, registered on 20/12/2023, 2nd amendment on 20/01/2026.
Certificate of registration for the provision of telecommunications services No. 18/GCN-SKHCN, issued on 10 March 2026 by the Ho Chi Minh City Department of Science and Technology.
