Service Suspension and Termination Policy
LEGAL BASIS
- Civil Code 2015 (Bộ luật Dân sự 2015) (Articles 351–360 on liability for breach of obligations; Articles 422–427 on termination and cancellation of contracts);
- Commercial Law 2005; Law on Protection of Consumer Rights 2023;
- The Cybersecurity Law 2025 (Luật An ninh mạng 2025, Law No. 116/2025/QH15) on blocking and removing infringing information and suspending services upon lawful request;
- The Personal Data Protection Law 2025 (Luật Bảo vệ dữ liệu cá nhân 2025, Law No. 91/2025/QH15) and Decree 356/2025/ND-CP (Nghị định 356/2025/NĐ-CP) (processing and deletion of data after termination);
- Accounting Law 2015 and Tax Administration Law 2025 (document retention);
- Penal Code 2015 (amended and supplemented 2017);
- Decision No. 4567/QD-VBPL dated 01/06/2026 issuing the company's Legal Compliance Framework.
This policy elaborates on Articles 9, 25, and 26 of the Terms of Service, and applies alongside the Refund Policy, the AUP, the Abuse Reporting Policy, and the PDPD.
PART I – PRINCIPLES AND CLASSIFICATION
Article 1. General principles
1.1. HiTechCloud applies suspension and termination of service on a principle of proportionality to the severity of the violation or its cause, giving priority to a warning and an opportunity to remedy, except in cases of serious violation or where immediate action is required by a competent authority.
Article 2. Suspension versus termination
2.1. “Suspension”: suspension of part or all of the service for a defined period; data and the account are retained; the service can be restored once the cause has been resolved.
2.2. “Termination”: ends the service relationship entirely; the account is closed; data is deleted according to the retention periods in Article 9, except data that must be retained by law.
PART II – SERVICE SUSPENSION
Article 3. Grounds for suspension
3.1. HiTechCloud may suspend the service when: (a) late payment under the schedule in Article 9 of the Terms of Service; (b) breach of the AUP / abuse reporting policy not serious enough to warrant termination; (c) suspected fraud, security breaches or an account is compromised; (d) resource overload/abuse affects other users; (e) verification requests identity verification (eKYC/KYC) is incomplete; (f) a lawful request from a competent authority.
Article 4. Suspension timeline for late payment
4.1. Applied consistently with Article 9 of the Terms of Service:
| Post-expiry timeline | Measures |
|---|---|
| Days 1–3 | Payment reminder email (automatic) |
| Days 4–7 | Suspension alerts via email and SMS |
| Days 8–14 | Service suspended; data retained |
| Days 15–30 | Full service lock; a restoration fee applies on reactivation |
| After day 30 | Service termination; data is deleted under Article 9 of this policy |
Article 5. Suspension process and notice
5.1. Except in an emergency (a serious breach, an attack in progress, or a request from a competent authority), HiTechCloud gives the Customer advance notice by email to their registered address, stating the reason, the measures being taken and the deadline for remediation.
5.2. During suspension, Customer data is retained; the Customer must resolve the underlying cause in order to request restoration under Article 10.
5.3. For lawful requests from a competent authority to remove or suspend content or services, HiTechCloud shall act within a maximum of 24 hours (standard cases) or 6 hours (national-security emergencies) under the Cybersecurity Law 2025 (Luật An ninh mạng 2025); such action does not constitute a breach of contract by HiTechCloud.
PART III – SERVICE TERMINATION
Article 6. Termination by the Customer
6.1. The Customer may terminate at any time under Article 25 of the Terms of Service by sending a request by email support@photuesoftware.com with verification details; cancel the service through the management portal; or send a signed letter.
6.2. Termination does not release the obligation to pay fees already incurred; prepaid fees are non-refundable unless the conditions in the Refund Policy are met.
Article 7. Termination by HiTechCloud with prior notice (30 days)
7.1. HiTechCloud may terminate the Service with at least 30 days' prior notice where: (a) the Customer's payment is more than 30 days overdue; (b) the Customer commits continuous or repeated breaches of the Terms; (c) HiTechCloud discontinues a specific service type for business reasons (in which case a pro-rata refund is issued for the unused period).
Article 8. Immediate termination (without prior notice)
8.1. HiTechCloud may terminate immediately under Clause 26 of the Agreement where the Customer: (a) seriously breaches Clause 7 of the Agreement or the AUP (in particular CSAM, terrorism, large-scale fraud or attacks on infrastructure); (b) is the subject of a request from a competent state authority; (c) commits fraud or identity falsification; or (d) uses the service to attack HiTechCloud or third-party infrastructure.
8.2. Services terminated for serious violations non-refundable under Article 5 of the Refund Policy; the Customer is liable to compensate for damage arising under Article 23 of the Terms of Service and may be prosecuted under the Penal Code 2015, as amended and supplemented in 2017 (Bộ luật Hình sự 2015, sửa đổi, bổ sung 2017), for conduct showing signs of a criminal offense.
PART IV – DATA HANDLING AFTER TERMINATION
Article 9. Data export and deletion
9.1. Grace period and data export: after termination (except where termination follows a serious breach), the Customer may 15 days to extract data; HiTechCloud supports exporting a copy in common formats while the Customer holds a valid, active service.
9.2. Data deletion: personal data and Customer content is deleted or destroyed within 30 days from termination, in line with Article 10 of the Terms of Service and the PDPD, except:
- Data that must be retained by law (vouchers and invoices: 10 years under the Accounting Law 2015 (Luật Kế toán 2015) and the Tax Administration Law 2025 (Luật Quản lý thuế 2025));
- Data that must be retained at the request of a competent authority or to support an ongoing legal matter;
- System logs are retained per the Policy on System Monitoring and Logging.
9.3. Where termination follows a serious violation involving illegal content, HiTechCloud may delete the infringing content immediately and retain the necessary evidence in order to cooperate with the competent authorities.
9.4. Data is destroyed securely (secure deletion/crypto-shredding) in accordance with the Backup and Disaster Recovery Policy and the PDPD.
PART V – FINANCIAL CONSEQUENCES AND REINSTATEMENT
Article 10. Service reinstatement
10.1. A suspended service is restored once the Customer resolves the underlying cause (full payment, completed verification, or cessation of the violation). HiTechCloud may apply a reactivation fee under the Payment Policy; for domain services, the registrar's rules apply instead.
10.2. A terminated service and deleted data cannot be recovered. HiTechCloud is not liable for data lost because the Customer did not export it during the grace period.
Article 11. Obligations that survive termination
11.1. Termination does not discharge obligations that arose beforehand, and the provisions that by their nature survive remain in force (confidentiality/NDA, limitation of liability, intellectual property, dispute resolution and indemnity).
Article 12. Complaints
12.1. The Customer has the right to appeal a suspension/termination decision under the Complaint and Dispute Resolution Procedure. If the Customer proves the suspension/termination was unfounded, HiTechCloud will restore the service/data within a reasonable time (where still feasible), unless a competent authority requires otherwise.
Article 13. Effect
13.1. This Policy takes effect on 1 July 2026, forms an integral part of the Terms of Service and supersedes all previous versions. The Vietnamese version is the legally authoritative text.
