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GENERAL TERMS

Apply to Partners operating on the Apix.vn system

These General Terms (hereinafter referred to as "General Terms") issued by Apix.vn (hereinafter referred to as "Apix") regulate the rights and obligations of partners operating on the Apix.vn system (hereinafter referred to as "Partner").

SECTION I. PARTNERSHIP​

Partners operating on the Apix.vn system include but are not limited to: Individuals/organizations wishing to access and use APIs on Apix.vn.

SECTION II. FORM OF COOPERATION​

Partners can choose from the following types of cooperation with Apix:

  • Buy according to the API package listed on Apix.vn
  • Renew packages that have been used on the system
  • Buy according to the recommended packages directly through Apix.vn

SECTION III. TERMS OF COOPERATION​

ARTICLE 1. SCOPE OF COOPERATION​

  1. By signing these General Terms, the Partner agrees to become an active member on the Apix.vn system, using APIs in the forms in accordance with the provisions of Vietnamese law.
  2. Apix is acknowledged as the owner or licensed to use the services/products posted on the Apix.vn website including trademarks, domain names, logos and all specifications & features of that service/product.
  3. The Parties agree that all ownership rights in the brand identity, website’s domain name are the sole property of Apix and Apix does not allow the Partner or any third party to have the right to reproduce copy, interfere with, or damage part or all of the features or the nature of the service in any way without Apix's written consent.
  4. These general terms shall not establish any agency, association, or other binding relationship between the Parties outside the scope of cooperation stated above

ARTICLE 2. TERM OF COOPERATION​

The term of cooperation between the Parties is established from the date the Partner confirms agreement to the provisions of these General Terms and is approved to become a member on the Apix.vn system to the date:

  • Partner's account on Apix.vn system is locked or temporarily not allowed to operate; or
  • Apix system no longer works

ARTICLE 3. ACCOUNT REGISTRATION​

  1. To operate on the Apix.vn system, the Partner must register to create an online account with a username and password (hereinafter referred to as "Account").

  2. The Partner commits to use the most recent, accurate and complete information for the Registered Account and promptly update the information when there is any change. Apix is exempt from liability arising from incorrect and/or not updated information on the Partner's account. Information required for account registration:

    • Email
    • Log-in ID
    • Full name
    • Phone number
    • Password

  3. The Partner's successful account registration also means the Partner has read and accepted these General Terms.

  4. The Partner is obligated to keep the Account safe and confidential, any login to the website through the Account is considered an action of the Partner.

  5. The account will not be widely disseminated, transferred or transferred in any way. In case of suspicion of a third party using the Account, the Partner must notify Apix for assistance in handling.

  6. Information about the Partner will be kept confidential by Apix, and considered as Confidential Information of Apix

ARTICLE 4. PARTNER'S RESPONSIBILITIES​

  1. Partners by accessing, paying and using APIs on Apix.vn are obliged to comply with the security policies and agreed scope of cooperation.
  2. The partner shall coordinate in verifying and verifying data and making payments in accordance with these General Terms on the basis of data exported from Apix's system.
  3. The Partner shall not use prohibited forms of advertising, advertising materials that violate the Intellectual Property Law or illegally use images, sounds or promotional materials of any other third parties.
  4. Partner implements confidentiality of information related to the Account created.
  5. The Partner understands and agrees that during the operation, there are times when the Apix.vn system may not be accessible, or not function properly due to reasons, including but not limited to: (i) system error; or (ii) routine maintenance; or (iii) events beyond Apix's control that cannot be foreseen such as widespread network failures, hackers.... Then the Partner agrees not to have any claims or pursue litigation against Apix.
  6. The Partner commits that the Partner's media, such as Website, Fanpage, Blog… (i) do not violate or contain content that violates the law, customs, fine traditions, violence, or make a bad impression on users; (ii) stable operation, meeting technical requirements; (iii) be able to connect to the Apix.vn system; (iv) does not contain directly or indirectly harmful sources such as viruses, spam, etc. that affect Apix's system and users.
  7. Partners do not arbitrarily post advertising materials related to Apix without Apix's consent. Apix is exempt from related obligations when there is any claim, claim, or dispute from a third party due to the Partner's violation of the content of this article.
  8. Partner commits not to commit any fraudulent acts during operation. Apix reserves the right to store the entire history of the Partner's activities and perform periodic inspection and review. In case of detecting violations, Apix has the right to apply fraud handling measures as prescribed in Article 5 below.

ARTICLE 5. HANDLING OF FRAUD​

  1. Types of fraud The intentional use of unauthorized tools, or the violation of Apix's rules for the purpose of using APIs, or unauthorized interference with Apix's systems, is considered fraud. Except as expressly permitted by these Terms, you may not:

    • Modify, disclose, alter, translate or create derivative works of the Service (or any component of the Service);
    • License, sublicense, resell, distribute, lease, rent, lend, assign, transfer or otherwise dispose of the Service (or any component thereof);
    • Disassemble, decompile or reverse engineer software components of the Service;
    • Use the Service to store or transmit infringing, libelous or illegal or misleading material, or to store or transmit material that violates the privacy of a third party;
    • Use the Service to host or transmit any virus, software process, or other code designed to allow unauthorized access, disable, delete, or harm software, hardware, or data or to perform any other harmful action;
    • Copy, frame or reproduce any part or content of the Service;
    • Build a competing product or service or copy any feature or functionality of the Service;
    • Interferes with or disrupts the integrity or performance of the Services;
    • Attempts to gain unauthorized access to the Service or their related systems or networks;
    • Remove, change or obscure any proprietary rights notices in or on the Service, including copyright notices;
    • Cause or allow any third party to do any of the above; or interfere in any way with any other user's use of the Service.

  2. Fraud handling In the event that Apix detects fraud from a Partner, Apix is entitled to:

  • Stop cooperating;
  • Lock account.
  • Claim compensation when damage to the system occurs

ARTICLE 6. RECONCILIATION AND PAYMENT​

  1. Reconciliation Apix provides an online reporting system for partners on Apix.vn. Through the Registered Account, the Partner directly monitors the purchased packages and the usable quota in the packages Partners can track account balance as well as the amount deposited on Apix's system.
  2. Reconciliation time Apix will reconcile for Partners and issue invoices on every last day of the month.
  3. Tax Regulations Apix makes a deduction of 10% from the Partner's total paid revenue in accordance with the Law.

ARTICLE 7. CANCELLATION AND REFUND POLICY​

Buyer’s account balance on Apix can only be used to pay for the orders on Apix, and cannot be refunded by money transfer or in cash under any circumstances.

Unless otherwise expressly stated in the subscription plan chosen by Buyer, subscriptions will automatically renew for a period equivalent to the initial subscription period selected by such Buyer. Each Buyer may change the selected subscription plan or terminate the subscription in accordance with its terms and conditions.

Buyer may terminate his/her subscription at any time by selecting Cancel Subscription from the applicable API plan page. APIX will not issue refunds for canceled but unexpired packages.

ARTICLE 8. SECURITY, NON-COMPETITION AND OTHER REGULATIONS​

  1. During the cooperation, the Partner recognizes that the Partner has access to Apix's Confidential Information, so the Partner is obliged to respect and use the information properly.
  2. Partner agrees and acknowledges that Partner will not use Apix Confidential Information for personal gain and will always keep these information confidential. The Partner will not use, disclose, publish, transfer or provide information to any third party in any way other than for the purpose of serving the content of cooperation between the Parties.
  3. The provisions of this article also apply to all individuals who have rights and obligations related to the implementation of the scope of cooperation including managers, advisors, relevant Partner departments and human resources who do the work directly.

ARTICLE 9. DISCLAIMER OF US LIABILITY​

In any event, Apix is not responsible for any claims or claims of any third party related to the Partner's activities during the implementation of the API usage. Obligations arising to third parties in connection with the Partner's activities are the sole responsibility of the Partner.

ARTICLE 10. TERMINATION OF COOPERATION​

Cooperation between the Parties will terminate in the following cases:

  1. The Parties agree to terminate cooperation;
  2. A Party is dissolved or bankrupt;
  3. Force majeure circumstances occur resulting in a Party unable to continue to perform its obligations for a period of 03 consecutive months despite having tried as best as possible to remedy it;
  4. If the Partner violates the provisions of the General Terms and does not complete the repair and remedy the violation within the time limit that Apix notices to the Partner. In this case, the Partner must indemnify Apix for all actual and direct damages.

ARTICLE 11. OTHER TERMS​

  1. The provisions of these General Terms are governed by the laws of Vietnam.
  2. Any dispute arising in the course of cooperation will first be resolved through negotiation between the Parties. If the settlement cannot be reached by negotiation or conciliation, a Party has the right to bring the dispute to a competent court in Vietnam.
  3. This general provision is still valid in case one of the Parties has a change in personnel or management structure (dividing, splitting, merging, merging, transforming).
  4. Apix has the full right, at its own discretion, to amend and supplement these General Terms to suit the business situation and current regulations of law.