Agreement to use the software / service

Please read this user agreement before accessing the App.

The user agreement was last updated on November 19, 2018.

    1. This is a legal agreement between the Customer and MISA Joint Stock Company, which stipulates the terms of the client’s use of the Personal Finance Management Software service. This agreement is an electronic contract between the two parties. By clicking on the “Agree” button when registering to use, the customer agrees that these terms will apply if the customer chooses to access or use the service and the click operation is equivalent to the two parties have signed contracts.
    2. Article 1: Terms used in the agreement

      So Thu Chi: is the personal finance management software, which is supplied by MISA, including: website version, installed version on computers, phones and other supporting applications. Thu Chi’s book provides customers with tools to support personal financial management and monitoring, developed completely free of charge by MISA.

      MISA: As MISA Joint Stock Company, the supplier of So Thu Chi.

      Customer: An organization or individual using the So Thu Chi.

      Derivative information: is the information summarized, deduced from the original information created by customers in MISA software. For example: Information derived from Personal Financial Management software may be the Report on average income of Vietnamese people, average monthly expenditure …

    3. Article 2: Right to use software

      Customers have the right to use the full features of the software during the time the account is registered for valid service.

      Customers are not allowed to use software services to perform data updates, send emails, write articles, transmit data and other acts with the following purposes:

      • Harming or disturbing others or causing injury to people and property;
      • Concerning the publication of fraudulent information or documents, discreditation of honor, harassment or obscenity;
      • Infringement of privacy or racism, religion, gender, and disability;
      • Infringement of intellectual property rights or other property rights;
      • Interfering with or disrupting the Service (including but not limited to access to the Service through any means of machinery or software);
      • Violation of the law.

      When performing the suspension of service provision / suspension of software use account, MISA will notify via email in the following cases:

      • Customers request to suspend the account using the software;
      • Customers violating the purpose of using the software stated in this agreement;
      • Customers violate the law and the competent authority requires MISA to stop providing services to customers.
    4. Article 3: Advice and customer support

      MISA is responsible for providing advisory services to customers throughout the process of using the Software So Thu Chi through consulting and customer support switchboard 1900 – 8677, email support@.misa.com.vn, forum (forum.misa.com.vn) and other forms of support are published at the website https://www.sothuchi.vn.

      Customers actively view and exploit software manuals and documents at https://www.sothuchi.vn and other support pages published at website https://www.sothuchi.vn.

      When using consulting services through call center and customer support 1900-8677, customers accept to pay telephone fees in accordance with the provisions of telecommunications service providers.

    5. Article 4: Update, warranty and maintenance

      MISA is responsible for ensuring technical conditions so that customers can use the software 24 hours a day and 7 days a week except for maintenance, upgrading and troubleshooting time for the system. The system downtime for maintenance or upgrade or backup will be informed by the MISA of the schedule for customers in the form of direct notification on the software. Maintenance or upgrade schedules or backups will be done daily or weekly or monthly or annually and preferably at night when the system is least used.

      MISA is responsible for troubleshooting the system when receiving requests from customers.

      MISA is responsible for updating the latest version of the free software for customers to use.

      Customer agrees to accept all necessary corrections, bug fixes, upgrades and maintenance so that the features of the service operate correctly and ensure the security of the service. Except for emergencies, MISA will notify customers in advance of the schedule of these bug fixes and upgrades.

    6. Article 5: Information security

      MISA is responsible for implementing and maintaining all administrative, physical and technical safeguards to ensure the confidentiality and integrity of customer data. MISA commits:

      • Do not modify customer data without the customer’s consent or not for the purpose of overcoming errors or incidents;
      • Do not disclose customer data unless it is required by law or authorized by customers;
      • Do not access data and / or alter customer data except when correcting technical errors or customer requests when using support services.

      MISA is responsible for securing all information about customers’ data and is not allowed to disclose to any other third party except as required by the competent authorities of the state.

      MISA is not responsible for the data loss, the confidentiality of customer information caused by customers unintentionally or intentionally.

      Customers need to take the initiative in securing their account information.

    7. Article 6: Collection and use of information

      When customers access Book Thu Chi, MISA can collect, use or process customer information for purposes such as analysis to improve applications, manage customer data, support and exchange information with customers when necessary.
      Examples of MISA information that can be collected include:

      • Information used to register, access and use the service
      • Name of device, type of device used to use the service
      • Country from which customers access the application.
      • Date and time customers access the application
      • The name and email address the customer provides are used to provide online technical support and troubleshooting.
    8. Article 7: Software and data copyright

      MISA is the owner and has copyright for So Thu Chi.

      Customers have the right to use So Thu Chi to create data for work and have the right to download the data entered by the customer into the system during the period of use.

      Customer agrees that the product / service, including and not limited to the following: user interface, audio clip, video, manual content and software used for real show products / services owned by MISA exclusively and protected by intellectual property and copyright laws. Customer agrees not to use such proprietary information or materials in any manner except for the purpose of using the product / service under this Agreement. No part of the product / service may be reproduced in any form or by any means, unless expressly permitted under these terms.

      Customer agrees not to modify, rent, lease, lend, sell, distribute, or create derivative products based on the product / service in any way, and not exploit the product / services in any unauthorized manner, including and not limited to infringement or burden on network capacity.

      The use of software or any part of the product / service, unless the use of the product / service authorized under this agreement, is strictly prohibited and infringes upon the intellectual property rights of others, and customers may be subject to remedies in accordance with administrative, criminal and civil law including compensation for monetary damages for copyright infringement.

      In order for MISA to provide software use services to customers, the customer agrees to let MISA to handle and transmit customers’ data.

    9. Article 8: Scope of limitation of MISA’s responsibility in using software

      MISA has the right but has no obligation to take corrective actions if there is any content that customers violate the things listed in this agreement. MISA does not have any liability for customers in situations where MISA takes corrective action. Customer is the only person responsible for accuracy, quality, integrity, legality, reliability and suitability for all of his data.

      MISA may suggest and customers may choose to agree to use features that are not yet widely released and have not been fully censored in terms of quality according to MISA procedures (Beta functions). The purpose of this is for customers to censor and provide feedback to MISA. Customer is solely responsible for the risks when using these functions. MISA does not guarantee the correctness and completeness of Beta functions nor is it responsible for errors or damages caused by the use of Beta functions.

    10. Article 9: Information / notice

      In the process of using the software, customers agree to receive information / notices sent by MISA with the following content and methods:

      • The contents of notices include and are not limited to the following types of information:
        • Information about new features of the product
        • Information about new versions of the product
        • Information about related products
        • Information about the content of articles or newsletters that MISA thinks may be useful to customers during the operation.
      • The method of sending notifications includes and is not limited to the following forms:
        • Notice directly on the product screen
        • Email notification
        • Notifications via mobile phone messages
        • Phone notification
        • Notice via text
        • Notice by meeting direct exchange
        • Other forms of notification
    11. Article 10: Terms of payment

      The So Thu Chi application is a free download application. Users can purchase the Premium version of the Collection book for different time periods (monthly or yearly) at the rate announced at the time of purchase. Users can purchase Premium version with iTunes or Google Play account [hereinafter referred to as Store Account]. Then, the service fee will be paid through the Store account after confirming the service registration. Service subscription will be automatically renewed unless auto-renewal is turned off within 24 hours before the service term ends. The account will be charged for renewal within 24 hours before the service term ends. Users can turn off renewal mode in the Settings section after successful purchase.

      The company that owns the Checkbook application has the right to change the price and price structure of the Bookkeeping application at any time.

    12. Article 11: Derivative information

      MISA is entitled to use derivative information from a part or all of the information created by customers when using MISA products to serve the purposes of researching product improvement, markets, consumer habits. and other purposes that can be profitable or not profitable. MISA commits that this derivative information does not contain any specific data regarding customer personal information (name, phone number), specific transactions or business secrets. (described in item 1)

    13. Article 12: Limitation of liability and service implementation

      MISA does not guarantee, declare, or guarantee that customers will use MISA products / services without interruption or error, or products / services will meet customer or all requirements. errors on the software and / or documents will be fixed or the overall system ensures the operation of software products / services (including but not limited to: internet, other transmission networks, intranets and customer devices) there will be no virus or no harmful ingredients.

      MISA does not guarantee in any way, whether explicitly or implicitly on conditions such as quality satisfaction, suitable for specific use needs or non-infringement of third party rights. MISA services are provided to customers in the form of “by status – as is” and “available – as available” for customers to use. The customer will take full responsibility in determining whether the product / service or information generated from the product / service is correct and adequate for the intended use of the customer.

      In no case shall MISA be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to damages due to loss of revenue, profits, business advantages, work stoppage, loss of data as a result of:

      • The use or failure to use products / services;
      • Any changes made to the product / service;
      • Unauthorized access or data conversion;
      • Delete, corrupt, or not store data on or through products / services;
      • Statement or behavior of any third party for products / services;
      • Any other issues related to products / services.

      In case MISA products use third party services such as weather forecast, securities, exchange rate, etc., MISA commits to not charge but does not guarantee the correctness and error of the information in applications / services or if a third party has system updates that lead to loss of stability or service outages. Therefore, users must consider themselves when using these services.

      MISA is exempt from the obligation to fulfill the obligations set forth in this agreement for unforeseen circumstances stated in this agreement.

    14. Article 13: Terms of amendment and supplement of agreement

      At any time, MISA reserves the right to modify, change, or update the terms and conditions of this agreement without prior notice. All changes will take effect immediately after being posted in the Thu Chi app or website.

      The fact that the customer continues to use the service after modification is understood that the customer has accepted its terms of use and modifications.

    15. Article 14: Responsibility to handle security incidents

      In case customers discover security problems of MISA software, customers are responsible for notifying MISA immediately by pressing Feedback button right on the product interface or calling the switchboard 1900 – 8677. Software security incidents include but are not limited to the following:

      • Lost or changed data on the software without knowing the cause.
      • Product discontinuity is interrupted.
      • Suspected of being attacked by hackers.

      When security incidents occur, information related to MISA products provided to customers, MISA will be responsible for conducting surveys to troubleshoot and restore operations to customers. During the investigation and troubleshooting process, the customer is responsible for participating if MISA may request.

    16. Article 15: Force Majeure

      In case of force majeure, the two parties are not obliged to perform their responsibilities in this agreement. The two parties agreed to consider the following cases as force majeure:

      • Natural disasters and enemy sabotages cause a way to turn or destroy or block or stop connecting to MISA’s data center.
      • Extensive power outages; Breakdown of telecommunication cables causes congestion or stops telecommunications and Internet connection to MISA data center.
      • Hackers (viruses), computer viruses (viruses) attack MISA’s data center, stalling, blocking, or destroying software and data.
      • Other force majeure incidents as prescribed by law.
    17. Article 16: Suspension and termination of the agreement

      MISA has the right to suspend the use of customers for services in the following cases:

      • MISA believes that the service is being used by customers to engage in denial of service, spamming, illegal activities or the use of customers’ products / services that jeopardize MISA and others.

      The agreement is considered terminated in the following cases:

      • MISA unilaterally terminates the agreement at the request of the court and the competent authority of the state;
      • The customer sends a notice requesting the termination of the subscription agreement for MISA in writing.
    18. Article 17: Terms of amendment and supplement to the agreement

      MISA has the right to amend and supplement the terms of the service use agreement and is published on the website www.sothuchi.vn and on the software.

      In case the customer does not agree to such amendment and supplement terms, the Customer may stop using the software.

    19. Article 18: General provisions

      In the process of implementing the agreement, if any problems arise, the two parties will discuss and agree and find solutions to overcome.

      In the event of a dispute that the two sides cannot negotiate together, the two parties agree to bring to a competent court in Hanoi City for settlement.