Service legal standards — Database as a Service – Kafka – OpenSearch
PART I - PURPOSE AND SCOPE
1.1. This Documentation specifies the legal standards, conditions of provision, and conditions of use for the Database as a Service (DBaaS), Managed Kafka, and Managed OpenSearch service group (hereinafter referred to as the “Service”) provided by Pho Tue SoftWare Solutions JSC (HiTechCloud Brand, hereinafter referred to as “HiTechCloud”) to Organizations and individuals registering to use the service (hereinafter referred to as the “Customer”).
1.2. The scope of application includes managed Database services (MySQL, PostgreSQL, MongoDB, Redis, and other announced engines), the Kafka event streaming platform, and the OpenSearch Search – analytics platform operated by HiTechCloud under a managed service model.
1.3. This Documentation is an integral part of the Service Agreement between HiTechCloud and the Customer, along with the policy system published at https://hitechcloud.vn/tai-lieu-ho-tro/. In the event of a conflict, the terms of any separate written agreement between the two Parties shall take precedence, followed by this Documentation, and finally the general published policies.
Part II – Definitions
2.1. “DBaaS”: a pre-operated database provisioning service in which HiTechCloud manages the infrastructure, engine, and background operations; Customers access the service via a provided connection endpoint.
2.2. “Engine”: the core Database or platform Software (MySQL, PostgreSQL, Kafka, OpenSearch...) with a specific Version announced as supported by HiTechCloud.
2.3. “PITR (Point-in-Time Recovery)”: the ability to restore the database to any point in time within the transaction log retention period.
2.4. “Maintenance Window”: the pre-notified timeframe to perform Patching, engine Upgrades, or infrastructure upgrades.
2.5. “HA (High Availability)”: a multi-Node redundancy configuration with an automatic failover mechanism when the primary Node encounters an incident, applicable to service plans that announce this feature.
Part III – Service description and configuration
3.1. Operational division of responsibility: HiTechCloud manages and is responsible for infrastructure, engine installation, engine security patching, HA configuration, automatic backup, and PITR capability according to the service plan; the Customer manages and is responsible for schemas, data, application accounts, queries, and the performance of queries written by the Customer.
3.2. Automatic backup is performed daily, and transaction Logs are retained for PITR during the plan period (minimum 07 days); the Customer may request to Restore to any Point in time within the retention window to a new Instance.
3.3. Patching and engine version upgrades are performed during the Maintenance Window and announced at least 48 (forty-eight) hours in advance; for HA service plans, a rolling upgrade procedure is applied to minimize disruption. Critical severity security patches may be applied earlier with notice provided as promptly as possible.
Part IV – SLA and compensation
4.1. HiTechCloud commits to a minimum service endpoint availability of 99.9% (ninety-nine point nine percent) per month for single-Node configurations and at least 99.95% for HA configurations, excluding notified Maintenance Window periods.
4.2. The SLA does not apply to performance degradation or interruptions caused by: queries, indexes, or schemas designed by the Customer; data growth exceeding package capacity after being alerted; or the Customer's application abnormally maintaining connections or generating load exceeding package specifications.
4.3. The sole form of compensation when HiTechCloud commits an SLA commitment Violation is a fee credit in the subsequent Billing cycle according to the credit rate table published at https://hitechcloud.vn/tai-lieu-ho-tro/. The Customer must submit a credit request within 30 (thirty) days from the time the Incident occurred accompanied by supporting data; SLA does not apply to Maintenance time notified at least 48 (forty-eight) hours in advance, Force majeure events, errors arising from the Customer's systems, applications, configurations, or actions, or errors from third-party Providers beyond the reasonable control of HiTechCloud.
4.4. The total Indemnity of HiTechCloud arising out of or related to the Service shall under no circumstances exceed the total Service fee actually paid by the Customer for the most recent Billing cycle. HiTechCloud is not liable for indirect damages, consequential damages, lost profits, lost business opportunities, business interruption, data loss caused by Customer fault, or damage to commercial reputation, even if advised in advance of the possibility of such damages.
PART V - FEES AND PAYMENT
5.1. The Customer shall pay 100% (one hundred percent) of the service fee for each cycle in advance within 03 (three) working days from the date HiTechCloud releases a fee notification, payment request, or invoice. The Service is only initialized or renewed after HiTechCloud receives full payment; paid fees are non-refundable except as expressly provided in this documentation or in the refund policy published at https://hitechcloud.vn/tai-lieu-ho-tro/.
5.2. Late payments incur late interest of 0.05%/day (zero point zero five percent per day) calculated on the overdue amount and the actual number of overdue days. HiTechCloud reserves the right to execute Service suspension after 07 (seven) days from the due date if payment is not received and Service termination after 15 (fifteen) days; all risks and damages arising from service suspension or termination due to late payment are the Customer's responsibility.
5.3. The service fee is calculated based on the subscription billing cycle (monthly, quarterly, or annually) according to the configuration and price schedule published at the time of registration or renewal. Mid-cycle configuration upgrades are charged for the difference pro-rated to the remaining time; downgrades only apply from the subsequent cycle and do not create any obligation to refund the difference.
5.4. Service fees do not include value-added tax and other taxes, fees, and charges under legal regulations (if any). HiTechCloud issues a valid e-invoice for each payment period; pricing schedules may be adjusted for the next cycle with at least 30 (thirty) days' prior notice and shall not apply retroactively to already paid cycles.
PART VI – RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. HiTechCloud has the obligation to: maintain engines at supported versions, perform timely security patching; operate HA mechanisms and automated failover according to the package; execute automatic backups and maintain PITR capability; monitor resources and send threshold alerts to the Customer; notify Maintenance Windows at least 48 (forty-eight) hours in advance.
6.2. HiTechCloud reserves the right to: (i) require the Customer to provide accurate and complete identification information upon registration and upon request by a competent State authority; (ii) suspend part or all of the Services upon detecting signs of a Law Violation or Violation of this Documentation; (iii) perform infrastructure Maintenance and Upgrade with at least 48 (forty-eight) hours of prior notice, except in Critical cases to prevent an Information security Incident; (iv) modify the infrastructure architecture provided that it does not reduce the committed service quality.
6.3. The Customer has the obligation to: design appropriate schemas, indexes, and queries; manage the security of connection accounts and access IP ranges; perform application testing with new engine versions upon upgrade notification; perform monitoring of usage levels and upgrade plans upon receiving an alert; and independently export additional data copies for particularly critical data.
6.4. The Customer has the right to: (i) use the Service according to registered and published configurations and specifications; (ii) request technical support through HiTechCloud's official channels; (iii) request fee credits when HiTechCloud is in Violation of the SLA pursuant to Part IV; and (iv) receive notifications regarding Maintenance, policy changes, and price schedule adjustments within the timelines specified in this document.
Part VII – Acceptable use and prohibited conduct
7.1. The Customer must not use the Service to store, transmit, or disseminate information in Violation of Vietnamese law, including, but not limited to: content infringing on national security or opposing the State; pornographic, depraved, gambling, or superstitious content; fraudulent information or impersonation of Organizations or individuals; content infringing upon Intellectual property rights, Trade secrets, or personal data of a Third party; and malware, vulnerability exploit code, or cyberattack tools under the Regulations of the Cybersecurity Law (Luật An ninh mạng) 2018, the Law on Cyberinformation Security (Luật An toàn thông tin mạng) 2015, and Decree 53/2022/ND-CP (Nghị định 53/2022/NĐ-CP).
7.2. Storage or processing on the Services of illegally collected data or data in Violation of Vietnamese law is strictly prohibited; exploiting the services as an intermediary attack Point or conducting destructive load testing (stress tests) targeting shared infrastructure without prior written approval is strictly prohibited.
7.3. Intervening in the operating system layer, engine processes, or background backup mechanisms managed by HiTechCloud is strictly prohibited; special configuration needs must be submitted via support requests for HiTechCloud to consider and implement.
7.4. Upon detecting prohibited acts, HiTechCloud reserves the right to immediately suspend the relevant Service without prior notice, preserve evidence, notify, and coordinate with competent state authorities in accordance with legal regulations. The Customer assumes full legal liability and shall indemnify all damages caused to HiTechCloud or third parties arising from violations committed by itself or by end users under the Customer's management.
Part VIII – Security and personal data
8.1. Both Parties commit to Compliance with the Law on Personal Data Protection No. 91/2025/QH15 (Luật Bảo vệ dữ liệu cá nhân số 91/2025/QH15) and Decree No. 356/2025/NĐ-CP detailing a number of Articles of the Law on Personal Data Protection (Nghị định số 356/2025/NĐ-CP quy định chi tiết một số điều của Luật Bảo vệ dữ liệu cá nhân). For Personal data that the Customer collects, stores, and processes on the Service infrastructure, the Customer is the Personal Data controller and is responsible for the legal basis of processing and the Consent of the Data subject; HiTechCloud is the Personal Data processor, processing only to the extent necessary to provide the Service per lawful instructions of the Customer.
8.2. Data content within the Database is under the Customer's control; HiTechCloud only accesses operational metadata (size, Performance, Error logs) and does not Query data content unless authorized by the Customer for support or upon lawful request by a State authority. Connections to the endpoint are TLS-encrypted; Backup data is encrypted in Storage.
8.3. Each Party has the obligation to maintain the confidentiality of contract information, configuration information, technical information, data, and trade secrets of the other Party obtained during the provision and use of the Service; and not disclose them to third parties without prior written consent, except when provided pursuant to a lawful request from a competent state authority. The confidentiality obligation remains valid for 02 (two) years after Service termination.
PART IX – SUSPENSION AND TERMINATION
9.1. HiTechCloud reserves the right to suspend part or all of the Service in the following cases: (i) Customer is overdue on Payment by more than 07 (seven) days from the due date; (ii) Customer commits a Violation of the acceptable use Regulation in Part VII; (iii) at the request of a competent State authority; (iv) when there is a Critical need to prevent Information security risks to the shared system or to other customers. Suspension time due to Customer Error is not counted toward the SLA and does not give rise to a refund Obligation.
9.2. The Service terminates when: (i) the Customer delays Payment by more than 15 (fifteen) days from the due date; (ii) a Party commits a serious Violation and fails to remedy it within 15 (fifteen) days from the date of receiving written Notification from the other Party; (iii) the term of use expires and the Customer does not perform a Renewal; (iv) both Parties reach a written Agreement on termination; or (v) under a decision of a competent State authority.
9.3. Within 07 (seven) days from the Service termination date, the Customer has the right to request the export of its data in standard formats supported by the system; data export support costs (if any) shall follow the published fee schedule. After the aforementioned period, all Customer data will be permanently deleted from the system, cannot be Restored, and HiTechCloud shall have no further retention Obligation unless otherwise provided by law.
PART X – VALIDITY AND APPLICABLE LAW
10.1. This Documentation takes effect from the date of issuance and applies to all service cycles initiated or renewed after the Effective date. Contracts, Appendices, minutes, and service confirmation slips signed with a valid Digital signature in accordance with the Law on Electronic Transactions No. 20/2023/QH15 (Luật Giao dịch điện tử số 20/2023/QH15) and Decree No. 23/2025/NĐ-CP on electronic signatures and trust services (Nghị định số 23/2025/NĐ-CP về chữ ký điện tử và dịch vụ tin cậy) have legal validity equivalent to physically signed and stamped documents.
10.2. This Documentation is governed by and construed in accordance with Vietnamese law. Any arising dispute shall first be resolved through negotiation and mediation within 30 (thirty) days; if an agreement is not reached, the dispute shall be submitted to the competent People's Court in Ho Chi Minh City for resolution.
10.3. In the event that any Terms of this Documentation are declared invalid or unenforceable, the remaining Terms shall remain in full force and Validity. This Documentation, together with the Service Agreement and policies published at https://hitechcloud.vn/tai-lieu-ho-tro/, constitutes the entire Agreement between the Parties regarding the Service.
Documentation issued by HiTechCloud and subject to amendment with 30-day prior notification on https://hitechcloud.vn/tai-lieu-ho-tro/.
