1.1. This term is depend on the fact that the customer is registered as a person or representative of an organization. If you are a representative of an organization, you must ensure and undertake that you have the legal authority to act on behalf of the organization you represent in agreeing to these terms.
1.2. The use of the service at https://cystack.net is subject to update and adjust at any time based on these terms.
1.3. In order to use the service, you must agree to these terms of the CyStack.
1.4. You may not use the service if you are prohibited from using the service under the laws of Vietnam or other countries including your country of residence and your place of service.
2. Account and Service
2.1. You must provide accurate and complete information when registering. It is your responsibility to keep your password confidential and take responsibility for the activities performed by your account.
2.2. You agree not to access the administration interface of the service through any means other than the interface provided by CyStack, unless you are authorized under a separate agreement with CyStack. Do not engage in disruptions of service or servers and networks connected to the service.
3. Service policy and Privacy
3.1. The service allows you to perform monitoring and security features for real-time web applications.
4. Cost of using service
4.1. Depending on the terms, services are provided free of charge with a certain limit.
4.2. The cost of using the service depends on the fee that you have to pay to purchase service packages, reducing when using CyStack discounts.
4.3. CyStack may change service limits, fees and payment policies, new policies will be applied in 90 days after the notice.
5. Terms of Payment
5.1. CyStack shall pay You the Total Net Revenue (as defined in Section 5.5 below) generated by the sale of goods, virtual goods, intangible services, subscriptions, and virtual currency as a result of Your use of the CyStack Service.
5.2 You shall be responsible for the costs CyStack incurs to remit the Total Net Revenue to You under this Agreement, including but not limited to wire transfer fees and any third party processing fees ("Remittance Costs") as defined in the fee schedule.
5.3. If for any reason CyStack is required or resolves to issue a refund to any end user for a transaction, including where the original third party payment option used does not allow refunds, You shall be responsible for total amount of the refund, including the costs of issuing a refund and any third party payment processor fees (collectively, "Refund Costs"), as defined in the fee schedule, if CyStack issues a refund via a different payment method.
5.4. Within the CyStack Admin Area, CyStack will provide You with access to a reporting tool that will display the suggested value added tax ("VAT") that You may be required to remit to various tax authorities for end user transactions in select territories. The reporting tool is provided for Your convenience and CyStack is not responsible for and shall not be involved in any tax preparation or remittance on behalf of You.
5.5. "Total Net Revenue" means gross revenues paid by end-users to You via the CyStack Service less CyStack’s Revenue Share (as detailed in the Merchant Area via Your CyStack Admin account), third party payment processor fees, Remittance Costs, Refund Costs, Tax Calculation Costs, deductions for fraud, chargebacks, chargeback fees, currency exchange rate fluctuation differences, currency exchange fees, and uncollected amounts.
5.6. You shall be solely responsible for determining which taxes, if any, apply to the payments received, and to report and remit the correct tax to the appropriate tax authority. CyStack is not obligated to determine whether taxes apply, and is not responsible to collect, report, or remit any taxes arising from any transaction. You shall be solely responsible for the timely payment of all applicable federal, state or local taxes, including any VAT, sales, use, excise or transfer taxes, and other taxes associated with payments to You under this Agreement, except for taxes assessed on CyStack’s net income and local taxes that are already paid by CyStack or by third party processors. You shall indemnify CyStack against any losses, costs, liabilities, expenses, including attorneys’ fees arising out of Your failure to fully comply with this section.
6.1. CyStack may issue refunds on Your behalf in its sole discretion in response to end-user inquiries or if CyStack determines that the payment is fraudulent, was submitted by a non-verified user, or if it is an otherwise illegal transaction. If CyStack fails to receive the appropriate confirmation from You or if an end user inquires about any transaction, CyStack will contact You for more information and/or to confirm whether the goods or services were actually delivered to the end user. All notifications will be sent to the email address that You provide to CyStack. If You do not adequately respond to CyStack within three (3) days of CyStack’s request, CyStack may issue a refund to the end user without further notice. For all refunds processed, You shall be responsible to reimburse CyStack for all Refund Costs as detailed in Section 5.3 of this Agreement.
7. Responsibilities and obligations
7.1. You, the person authorized by you or the last user must be responsible for the ownership of the website (target) that have added to CyStack Platform.
7.2. CyStack has right to refine, review, modify, refuse or remove any content from the Service. You must agree to remove any content that violates our Terms of Service or as required by CyStack. In case you do not perform the removal, CyStack has the right to disable your service.
7.3. You agree to take responsibility for your application and any of its content during the use of the service.
8.1. You agree that CyStack has all rights, including intellectual property rights and legal benefits to the services provided by CyStack Platform.
8.2. You are not permitted to use any of CyStack’s brand names, logos, trademarks, or domain names unless have agreement in writing by CyStack.
9. License from you
9.1. CyStack does not have right to own or control any of your content or websites. You keep the copyright and have the right to own your content, the website and the responsibility to protect those rights.
9.2. You agree that CyStack may use your trade name, trademark, logo, domain names in presentations, marketing document, customer lists, financial reports, website listings (including links to the website) for the purpose of advertising or making public your using of the service.
10. Update and termination of service
10.1. Updates are designed to improve, enhance, and develop the service, which may be in the form of patches, advanced functions, new modules, and new versions. Our developers will automatically update these updates, in the event that they affect your system and services, we will notify you 12 hours in advance.
10.2. You may stop using the service at any time. CyStack may terminate your using of the service at any time if you breach any of the Terms; or CyStack is required by law; or service provision may pose a security risk or technical material burden.
11. Other terms
11.1. Services may include links to other websites, content, resources, or emails. CyStack does not have right to control over any websites or resources provided by companies or persons other than CyStack Platform.
11.2. You agree that CyStack is not responsible for any external sites or resources and does not endorse any advertisement, products or other document from such sites or resources.
11.3. You agree that CyStack shall not be responsible for any loss or damage that may occur as a result of your performance that may affect your website (deletion of malicious files, additional blocking rules).
12. Change of terms
12.1. CyStack may change the terms, if these changes are made, CyStack will update the change time on this clause.
12.2. You agree that if you use the service after the date on which the Terms have changed, it means that you use the service with acceptance of the updated terms.
13. General legal policy
13.1. This agreement constitutes the entire legal agreement between you and CyStack, adjusting your use of the Service and completely supersedes any prior agreements between you and CyStack related to the Service.
13.2. Each party in term is independent.
13.3. If CyStack provides you with translations of this agreement from the Vietnamese, the Vietnamese version shall become effective if there are any conflict.
13.4. You agree that if CyStack does not exercise any legal rights contained in the Terms, that does not constitute a waiver of CyStack’s rights and these rights will remain with CyStack.
13.5. CyStack is not responsible for failing to perform or postponing the performance of our obligations under any conditions beyond our control, such as government action, acts of terrorism, earthquake, fire, floods, power outages and Internet disturbances.
13.6. If any provision of this Clause is invalid, illegal or unenforceable, it will be amended at the minimum to be legal and enforceable. If this is not possible, the terms will be deleted. Any modification or deletion of a term will not affect the validity of the remaining terms.
13.7. The terms and relationship between you and CyStack under the terms will be governed by the laws of Vietnam in order not to violate any applicable law. You and CyStack agree to submit to the exclusive jurisdiction of the courts located in Vietnam for the settlement of any legal matter arising from the Terms. However, you agree that CyStack is permitted to apply interventions in any jurisdictional area.