This Terms and Conditions is issued by FPT IS Co., Ltd. (FIS).,This Policy governs the use of the akaMES software (as defined below) and related documents and products. By creating an account to use the software, the Customer accepts the terms and conditions stipulated in this Policy and agrees to comply with it throughout their use of the akaMES software.
1. Definitions and Interpretations
1.1. “Services” means the services we provide or make available, including: (a) the akaMES software; (b) the services and features available on akaMES; (c) all information, links, features, data, text, images, charts, music, sounds, videos (including real-time streamed videos), messages, tags, content, programs, software, service applications (including any mobile service applications, if applicable), or other materials available on akaMES or related services. Any new Service features added or expanded are also within the scope of this Policy.
1.2. “akaMES” or “Software” refers to the Manufacturing Execution System software, which provides a comprehensive digitalization solution aimed at optimizing production processes, from planning, resource management, production progress tracking, quality control, to real-time production data management. The software helps businesses improve efficiency, increase transparency, and minimize errors in production compared to traditional management methods. akaMES is owned and developed by FPT IS Co., Ltd. The software is designed flexibly to meet diverse customer needs, allowing deployment on cloud platforms or on-premises servers.
1.3. “Account Package” refers to the set of software features and standard services provided, tailored to maximize customer needs. The specific contents of the account package will be discussed and agreed upon between the two parties.
1.4. “Customer Data” refers to all information and data (including text, documents uploaded by the Customer when using akaMES, or any other content in any medium or format provided by or on behalf of the Customer in connection with their use of the Services, including information and data available in the Customer’s Account (which may include information or data from supported platforms installed on the Customer’s Account), and any information we collect about the Customer when they contact us for support regarding the Software.
1.5. “Intellectual Property Rights” means any and all copyrights, moral rights, rights related to trademarks, patents, and all other rights, titles, and interests in intellectual property established worldwide, whether now existing or arising in the future, including but not limited to economic rights and the exclusive rights to copy, modify, adapt, edit, translate, create derivative works, cite or reuse data, produce, distribute, publish, sell, license, sublicense, transfer, lease, broadcast, electronically access, display, store in a computer memory, or use any portion or copy, in whole or in part, directly or indirectly, or authorize or designate others to do so.
1.6. “akaMES Account” or “Account” means the Customer’s account used to access and use akaMES. The creation of the Account will be discussed and agreed upon between the two parties.
2. Scope of Software Access and Use
2.1. Under the terms and conditions of this Policy, during the Term (as defined in Clause 6.1 of this Policy), we grant the Customer a non-exclusive right to access and use the Software. The use of the Software is limited to the scope of the registered Account Package. All content, trademarks, service marks, trade names, logos, and other intellectual property (“Intellectual Property Assets”) displayed and associated with akaMES are owned by FIS or legitimate third-party owners, if applicable. No party accessing akaMES is granted any rights or licenses, directly or indirectly, to use or copy any Intellectual Property Assets, nor does any party gain any rights, ownership, or interests related to the Intellectual Property Assets.
2.2. The Customer agrees to:
(a) only use the Software within the scope of the registered Account Package;
(b) not share passwords, grant others access to use the Software, or share or transfer the Software Account without our consent;
(c) not copy, distribute, reproduce, transfer, publicly disclose, publicly perform, modify, adapt, lease, sell, or create derivative products from any part of the Services and/or akaMES;
(d) respect and refrain from any actions that violate our intellectual property rights related to or arising from the Software and derivative products of the Software.
3. Accounts
3.1. When creating an Account, the Customer may be required to provide certain information. The registration information and account details must be accurate, complete, and regularly updated. The registered Software Account cannot be shared or transferred.
3.2. The Customer agrees to: (a) keep all login information and passwords confidential; (b) ensure that they log out of the Account after each session; (c) notify us immediately if they discover any unauthorized use of their account or login information.
3.3. The Customer is responsible for all activities under their Account. We cannot and will not be liable for any loss or damage caused by the Customer’s failure to maintain the confidentiality of their Account and/or password.
3.4. The Customer has the right to request account deletion by notifying FIS via akames@fpt.com. However, the Customer remains responsible for the Data they have uploaded to akaMES. The Customer assumes responsibility for their account deletion request.
4. Customer Data
4.1. Data Security:
We will manage the use of reasonable technical, organizational, and commercial security measures designed to protect Customer Data against unauthorized access, alteration, disclosure, or destruction.
4.2. Customer Commitments:
The Customer understands that:
(a) They are fully responsible for the accuracy and content of Customer Data;
(b) They have obtained all necessary rights and consents under the law from Users and any third parties to permit the collection and use of data (including any personal data, if applicable) on the Software as outlined in this Policy;
(c) Customer Data must not violate any applicable laws or third-party rights, including intellectual property rights, privacy rights, or publicity rights. If any Customer Data submitted or used violates this clause, the Customer agrees to promptly delete it from the Software. The Customer is entirely responsible for decisions to share Customer Data among Users or with third parties using the Software, and we are not responsible for any access, use, modification, distribution, or deletion of Customer Data by the Customer or Users.
(d) They will defend, indemnify, and hold us (and our representatives, directors, officers, employees, and agents) harmless from all claims, damages, liabilities, and costs related to litigation or dispute resolution (including reasonable attorney fees) arising from or related to their violation of this clause or related to Customer Data, internal management policies related to the Customer’s use of the Software within the scope of this Policy.
4.3. Prohibited Data:
The Customer agrees not to use any restricted, controlled, or prohibited information or data under current laws (“Prohibited Information”). We bear no responsibility for the Customer’s use of Prohibited Information on the Software, regardless of any contrary agreements between the two Parties.
4.4. Disclosure Upon Government Request and Legal Compliance:
The Customer understands that Customer Data may be disclosed as required by law, court order, or competent government authority. To the extent permitted, we will notify the Customer before disclosure to allow them to seek protective measures and will disclose only the portions of Customer Data required by the request.
5. Privacy
5.1. Personal Data of Customers:
For Customer Data containing personal data, Customers are requested to refer to the Personal Data Privacy Policy for details on how we collect and process information related to their Account and/or use of the Software/Services.
5.2. Log Data:
Our servers may automatically record certain information about how the Customer uses akaMES. Log Data may include information such as IP addresses, device types and browsers, operating systems, pages or features of akaMES used, the time spent on those pages or features, usage frequency, search terms, and other metrics (“Log Data”). We may use various technologies to collect and store information during the Customer’s use of the Services, including cookies and similar technologies on akaMES.
5.3. Aggregated Data:
Statistical, analytical, trend, and other aggregated data may be collected from the Customer’s use of the Software (“Aggregated Data”). For clarity, Aggregated Data will not include information that identifies the Customer and will not hold the Customer accountable for any Aggregated Data without their consent.
5.4. Purpose of data use:
By using the Services, the Customer agrees and understands that their Customer Data, Log Data, and Aggregated Data may be collected, used, and processed by us for the following purposes:
(a) Responding to service requests and support needs;
(b) Verifying identity and ensuring information security for Customers, assisting them in updating information when purchasing or using products and services provided by FIS;
(c) Improving, supporting, and operating the Software, updating, enhancing, and developing products, services, and applications provided by FIS;
(d) Informing Customers about changes to policies, promotions for products, and services provided by FIS;
(e) Measuring, analyzing internal data, and performing other processes to develop, improve, and enhance the quality of FIS’s services/products and executing marketing communication activities;|
(f) Preventing fraud, identity theft, and other illegal activities;
(g) Establishing or enforcing legal rights or protecting legal claims of FIS, Customers, or any individual. This may include data exchange with other companies and organizations to prevent and detect fraud and mitigate credit risks;
(h) Complying with applicable laws, industry standards, and FIS’s current policies;
(i) Any other purposes specific to FIS’s operational activities.
6. Intellectual Property
6.1. Ownership Rights: We only grant the Customer access and use of the Software under the service usage agreements (“Service Usage Agreement”) and/or this Policy. No ownership rights are transferred to the Customer. We retain all ownership rights and other interests (including all intellectual property rights) in and to the Software, Aggregated Data, any and all technologies, and all derivatives, modifications, or improvements related to the Software, trade names, trademarks, logos, and other identifiers owned by us.
7. Termination
7.1. Term: This Policy is binding and enforceable against the Customer throughout their use of the Software until their right to access and use the Software is terminated (“Term”).
7.2. Termination or Suspension of Software Access and Use: The Customer agrees that we have the right to disable, delete, or remove their Account and/or Customer Data with reasonable notice via written or electronic form without liability to the Customer or third parties upon the occurrence of one or more of the following events:
(a) The Customer violates the provisions of this Policy;
(b) The Customer uses the Account for illegal, fraudulent, harassing, infringing, threatening, or abusive purposes, or violates the law;
(c) The Customer’s actions harm other users, third parties, or FIS;
(d) If we deem such actions necessary to prevent harm to the security, stability, availability, or integrity of the Software.
7.3. Consequences of Termination: Upon termination or expiration of this Policy: (a) The Customer must immediately cease using the Software; and (b) the following clauses will remain in effect even after the termination of this Policy: Clause 4 (Customer Data), Clause 5 (Privacy), Clause 6 (Intellectual Property), Clause 8 (Limitation of Liability), Clause 11 (Governing Law and Dispute Resolution). Unless otherwise stated in this Policy, any measures taken by either Party, including termination, will not affect any other remedies available under this Policy, the Service Usage Agreement, or applicable laws.
8. Limitation of Liability
8.1. Our Software is provided “as is.” We make no representations or warranties, explicit or implied, that the software will always be error-free or operate without interruptions or delays. To the fullest extent permitted by law, we disclaim all warranties, explicit or implied, whether written or verbal, including implied warranties of fitness for a particular purpose, ownership, and non-infringement.
8.2. Except for claims related to liabilities specifically outlined in Clause 4 (Customer Data) and Clause 6 (Intellectual Property), our liability is limited to the maximum extent permitted by applicable law. In no event shall we be liable to the Customer for indirect or consequential damages (including but not limited to loss of profits, revenue, or business interruption) arising out of or related to the terms of this Policy or the Software, even if we have been advised of the possibility of such damages.
9. Auditing
9.1. During the Term, by appropriate and necessary measures, we may, at our sole discretion, conduct audits of activities and transactions on the Software to ensure compliance with this Policy and the Service Usage Agreement. Audits (if any) will be notified in advance within a reasonable timeframe and conducted to ensure minimal disruption to the Customer’s daily operations.
9.2. If an audit reveals that the Customer has violated any obligations under the Service Usage Agreement and/or this Policy, we have the right, at our discretion, to:
(i) terminate the Customer’s use of the Software under Clause 7.2 of this Policy,
(ii) request the Customer to pay all costs incurred from usage exceeding the registered Account Package’s limits, including term, geographic limits, and Account Package features.
10. Governing Law and Dispute Resolution
10.1. Governing Law: The relationship between the Customer and us regarding the terms of this Policy and the Software is governed by the laws of the Socialist Republic of Vietnam.
10.2. Dispute Resolution: Any claims or disputes between the Customer and us arising out of or related to this Policy or the Software shall be adjudicated by the competent People’s Court where we are headquartered.
11. General Terms
11.1. Amendments: From time to time, we may make changes to the services and features of the Software to provide a better Software for the Customer, which may require updating the terms of this Policy. We will notify the Customer through our website or other communication channels at least 30 days before such changes take effect. The Customer’s continued use of the Services/Software constitutes acceptance of these amendments and updates.
11.2. Assignment: The Customer may not transfer any rights, benefits, or obligations related to this Policy or the Software to any third party without our prior consent.
11.3. Severability: If any provision of this Policy is prohibited, deemed invalid, or unenforceable, such prohibition, invalidity, or unenforceability shall not affect the validity or enforceability of any other provisions of this Policy.