Acceptance of terms
By visiting the website, sending an enquiry, registering an account or using any service of Windify Co., Ltd. (“Windify”, “we”), you confirm that you have read, understood and agree to these terms and the Privacy Policy. If you do not agree, please stop using the services.
If you use the services on behalf of an organisation, you confirm that you have the authority to bind that organisation to these terms.
Definitions
- Website
- windify.com.vn and the member sites solutions.windify.dev, ecom.windify.com.vn, windify.edu.vn and agency.windify.com.vn.
- Services
- The Website and all products and services Windify provides: software and AI solutions, the e-commerce platform, Future Academy courses and digital marketing services.
- User, you
- Any individual or organisation that visits, registers for or uses the Services.
- Accounts
- An account issued to you to sign in to and use a specific Service.
- User content
- Text, images, data, products and other information you upload or send through the Services.
Scope and order of precedence
These terms apply to all Services. Each line of business also has its own documents:
- Software and AI solutions: the implementation contract, statement of work and data processing agreement.
- Windify E-commerce: the seller terms, payment and reconciliation policy on ecom.windify.com.vn.
- Future Academy: the enrolment form, class rules and tuition policy.
- Windify Agency: the advertising services contract and confirmed quotation.
In case of conflict, the order of precedence is: the contract signed between the parties, then the service’s own terms, then these terms.
Conditions of use
- You are at least 18 years old and have full legal capacity. Minors may use the Services only with the consent and supervision of a parent or guardian; for Future Academy, the parent registers and takes responsibility on the student’s behalf.
- The information you provide must be accurate, complete and kept up to date.
- Some services have their own requirements; for example, sellers on Windify E-commerce must be registered businesses or meet the legal requirements for e-commerce.
Accounts
- You are responsible for keeping your password secret and for all activity in your account.
- Tell Windify immediately if you discover unauthorised access to your account. We may temporarily lock the account to protect you while we verify.
- Do not share, rent or transfer your account without Windify’s written consent.
Prohibited conduct
When using the Services, you must not:
- Trade in prohibited or restricted goods and services, counterfeits or goods that infringe intellectual property rights.
- Post content that is fraudulent, false, offensive, incites violence or violates Vietnamese law and public morals.
- Collect other people’s data unlawfully, send spam or run ads that breach platform policies.
- Spread malware, scan for vulnerabilities, attack or overload Windify’s systems.
- Copy, reverse-engineer or automatically scrape the Services without permission.
- Impersonate Windify, its staff or any other person or organisation.
Content you provide
You keep ownership of your User content. You grant Windify a non-exclusive right, to the extent and for the time necessary, to store, display and process that content in order to provide the Services to you.
You confirm that you have the legal right to the content you upload. Windify may remove content that breaks the law or these terms and will tell you why where possible.
Windify only uses a client’s name, logo or project results as a showcase with the client’s consent.
Intellectual property
The Windify brand, logo, interface, source code, course materials, images and content on the Website belong to Windify or its licensors and are protected by intellectual property law.
You may view the content and share links to it for personal, non-commercial purposes. Any copying, modification or distribution for other purposes requires Windify’s written consent. Ownership of software built specifically for a client is set out in the contract.
Fees and payment
- Prices are stated in the quotation, contract or sign-up page of each service, including or excluding tax as indicated.
- Windify issues invoices in accordance with tax law.
- For Windify E-commerce, reconciliation and payouts to sellers follow the payment policy published on ecom.windify.com.vn.
- Advertising budgets paid to platforms such as Meta, Google and TikTok are separate from Windify Agency’s service fees unless the contract says otherwise.
- Refund conditions, if any, are set out in each service’s own terms.
Third-party services and platforms
The Services may connect to third-party payment gateways, delivery providers, advertising platforms, cloud services or websites. Those services are governed by their own terms and policies. Windify is not responsible for third parties’ content or practices, but will help you work with them when an issue relates to the Services.
Information on the website
Content on the Website presents Windify’s capabilities and services. Figures and project or campaign results are actual results at the time of publication, not a promise for every case; real outcomes depend on each client’s situation. Website content is not an offer; the scope and price of a service are confirmed in a quotation or contract.
Limitation of liability
- Windify works to keep the Services stable, accurate and secure, but does not guarantee they will always be uninterrupted or error-free. Maintenance is announced in advance where possible.
- To the extent permitted by law, Windify is not liable for indirect losses such as lost profits or lost business opportunities arising from use of the Website.
- Windify’s liability for a paid Service does not exceed the total fees you paid for that Service in the previous 12 months, unless the contract or law provides otherwise.
- These limits do not exclude liability that cannot be excluded by law, including consumer rights under the Law on Consumer Rights Protection.
You are responsible for, and will compensate Windify for, losses arising directly from your breach of these terms or the law.
Suspension and termination
- You can stop using the Services at any time; termination of paid Services follows the contract.
- Windify may suspend or terminate your access if you breach these terms, at the request of a competent authority, or to prevent security risks. Except in serious or urgent cases, we will give you notice and time to remedy the issue.
- On termination, you can ask to export your data within the period set out in the Privacy Policy or the contract.
Force majeure
Windify is not in breach if it cannot perform its obligations because of events beyond its reasonable control, such as natural disasters, epidemics, war, widespread telecommunications outages or decisions of public authorities. We will notify you and work to restore service as soon as possible.
Changes to these terms
Windify may amend these terms. For significant changes, we will give notice on the Website or by email at least 30 days before they take effect. Continuing to use the Services after that date means you accept the new terms.
Governing law and dispute resolution
These terms are governed by Vietnamese law. If a dispute arises, both parties will first try to negotiate in good faith for 30 days. If that fails, the dispute will be settled by the competent People’s Court in Da Nang, unless the contract provides otherwise or consumer protection law allows you another choice.
If any provision is held invalid, the remaining provisions remain in full effect.
These terms are available in English and Japanese for reference. If the versions differ, the Vietnamese version prevails.
Contact
If you have questions about these terms, please contact:
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CompanyWindify Co., Ltd.
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Phone0796 943 555
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AddressLot 345 Hoang Thi Loan, Da Nang, Vietnam