Service legal standards — eKYC – IDP – Electronic identification
PART I - PURPOSE AND SCOPE
1.1. These legal standards (“Documentation”) set forth the standard terms and conditions applicable to the provision and use of the eKYC, intelligent document processing (IDP), and electronic identification service group (“Service”) provided by Pho Tue SoftWare Solutions Joint Stock Company (“HiTechCloud”) to customers (“Customer”).
1.2. The Documentation applies to all Contracts, Orders, Appendices, or electronic service order confirmations referencing this Documentation. In case of conflict, separate commercial Terms signed between the two Parties shall take precedence, followed by this Documentation, and the policies published at https://hitechcloud.vn/tai-lieu-ho-tro/.
1.3. The scope of the Service includes APIs and solutions: optical character recognition (OCR) for identity documents, liveness detection (Liveness), face matching (FaceMatch), NFC chip reading on citizen identity cards, and intelligent document processing (IDP).
Part II – Definitions
2.1. “eKYC” is an electronic Customer identification process based on identity documents and biometric characteristics.
2.2. “Liveness” is a technology that detects whether an authentication subject is a physically present human to mitigate the risk of spoofing via photos, videos, or masks.
2.3. “FaceMatch” is a facial matching technology between a portrait photo and an ID document photo, returning a similarity score.
2.4. “IDP” (Intelligent Document Processing) is a service that extracts and classifies data from unstructured Documentation.
2.5. “Data controller” and “Data processor” are construed in accordance 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/ND-CP (Nghị định số 356/2025/NĐ-CP).
Part III – Service description and configuration
3.1. The Service is provided via API or SDK integrated into the Customer's application; each eKYC transaction returns extracted data, biometric scores, and risk alerts for the Customer to incorporate into its approval process.
3.2. The acceptance threshold (threshold) for Liveness and FaceMatch Points is configured by the Customer according to its risk appetite; HiTechCloud provides recommended values but does not make decisions on behalf of the Customer.
3.3. Transaction Quota, processing speed, and extracted fields are defined according to the Service plan in the Order.
Part IV – SLA and compensation
4.1. HiTechCloud commits to a minimum API availability of 99.5% per month; recognition accuracy is a reference statistical metric, not an absolute commitment for each individual transaction.
4.2. eKYC results are for decision-support purposes only; the decision to accept or reject an end customer is under the Customer's sole discretion and responsibility. HiTechCloud is not responsible for sophisticated spoofed documents that exceed technological detection capabilities at the time of the transaction.
4.3. The sole remedy when HiTechCloud violates the SLA is a fee deduction in the subsequent billing cycle according to the published deduction schedule; the Customer has no right to request a cash refund or any other form of compensation for SLA violations.
4.4. HiTechCloud's total indemnity arising from or related to the Service shall under no circumstances exceed the total fees paid by the Customer for the most recent service cycle; HiTechCloud is not liable for indirect, consequential damages, lost profits, business opportunities, lost data, or reputational damage.
4.5. Planned maintenance is notified at least 48 (forty-eight) hours in advance via Email or the management portal; planned maintenance duration, force majeure events, and interruptions due to Customer fault are not counted as SLA violation time.
PART V - FEES AND PAYMENT
5.1. The Customer shall make advance Payment of 100% of the service cycle value within 03 (three) working days from the date HiTechCloud Releases the fee notice or Invoice, unless otherwise stipulated by a separate Contract.
5.2. Overdue payment amounts are subject to a late payment interest rate of 0.05%/day calculated on the overdue amount, from the overdue date until the actual payment date.
5.3. HiTechCloud reserves the right to suspend the Service after 07 (seven) days of late payment and execute Service termination after 15 (fifteen) days of late payment without compensation; the Customer remains under obligation to pay all fees incurred up to the termination date.
5.4. Fees are calculated based on the number of successful API transactions; executed transactions are non-refundable even if the Customer rejects the end customer based on the returned results.
PART VI – RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. In the personal data processing relationship arising from the Service, the Customer is the Data controller and HiTechCloud is the Data processor, processing solely under recorded instructions from the Customer; the two Parties shall execute a Personal Data Processing Agreement (DPA) as an integral Appendix to this Document.
6.2. The Customer has the Obligation to: collect valid Consent from the Data subject, Submit only data necessary for identification purposes, and maintain Compliance with specialized Regulations applicable to its sector (banking, finance, telecommunications…).
6.3. HiTechCloud has the obligation to apply security measures to biometric data, not retain transaction data beyond the configured retention period, and assist the Customer in exercising the rights of the Data subject.
Part VII – Acceptable use and prohibited conduct
7.1. Using the Service for unauthorized identification, unauthorized Monitoring, collecting biometric data without the Consent of the Data subject, or serving unlawful discriminatory purposes is prohibited.
7.2. Submitting data to the system that the Customer does not have the legal right to process is prohibited; the Customer shall indemnify HiTechCloud for all damages arising from this Violation.
7.3. The Customer shall not use the Service to violate Vietnamese law, infringe upon national security, distribute malware, attack third-party systems, or infringe upon the intellectual property rights or personal data of any organization or individual; HiTechCloud reserves the right to immediately suspend services upon detecting a violation.
Part VIII – Security and personal data
8.1. Each Party undertakes to maintain the Information security of the other Party's non-public information obtained during the provision and use of the Service, and to use it solely for the purpose of Service performance; the confidentiality Obligation shall survive for 03 (three) years after Service termination, unless otherwise required by Law or a competent State authority.
8.2. Personal data processing complies 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 (Nghị định số 356/2025/NĐ-CP) detailing a number of Articles of the Law on Personal Data Protection; HiTechCloud only processes Personal data pursuant to lawful instructions from the Customer, applies appropriate technical and organizational measures, and notifies the Customer upon detecting an Incident of Personal data disclosure or loss in accordance with legal regulations.
8.3. Biometric data is considered sensitive Personal data under 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 (Nghị định số 356/2025/NĐ-CP); retention period, retention scope, and deletion mechanisms are detailed in the DPA and Service plan configuration.
PART IX – SUSPENSION AND TERMINATION
9.1. HiTechCloud reserves the right to suspend part or all of the Service when: (i) the Customer is overdue on Payment by more than 07 (seven) days; (ii) the Customer violates the acceptable use Regulation; (iii) requested by a competent State authority; or (iv) necessary to prevent system security risks.
9.2. Each Party has the right to effect Service termination if the other Party commits a Violation of a fundamental Obligation and fails to remedy it within 15 (fifteen) days from the date of receiving written Notification; HiTechCloud has the right to terminate after 15 (fifteen) days from the date the Customer is suspended due to late Payment without making full Payment.
9.3. Within 07 (seven) days from the date of Service termination, the Customer will be supported in exporting data in common formats; upon expiration of this period, all Customer data will be permanently Deleted from the system and cannot be Restored, and HiTechCloud has no Obligation for further retention.
PART X – VALIDITY AND APPLICABLE LAW
10.1. This Documentation is an integral part of the Service Agreement and the policies published at https://hitechcloud.vn/tai-lieu-ho-tro/; the Customer registering, making payment, or continuing to use the Service constitutes acceptance of the entire Documentation.
10.2. This Documentation and related contracts, appendices, and electronic confirmations may be signed using digital signatures pursuant to 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), holding legal validity equivalent to paper documents with direct signatures and seals.
10.3. The Documentation is governed by Vietnamese law. All disputes shall first be resolved through negotiation and mediation within 30 (thirty) days; if unsuccessful, the dispute shall be submitted to the competent People's Court in Ho Chi Minh City for resolution.
Documentation issued by HiTechCloud and subject to amendment with 30-day prior notification on https://hitechcloud.vn/tai-lieu-ho-tro/.
