VinFast Auto, LLC (“VinFast”) makes available to users of a VinFast brand vehicle (a “Vehicle”) an online account (the “VinFast Account”) that can be used to access personalized information, to remotely manage certain aspects of the user’s commercial and contractual relationship with VinFast, and to access the connected services installed on the Vehicle (the “Connected Services”). Use of the VinFast Account is subject to these VinFast Account Terms and Conditions (the “Terms”), which constitute a legal agreement between you and VinFast. If you do not agree to the Terms, do not use the VinFast Account.
1. Purpose
1.1 The purpose of these Terms is to define the conditions of access to and use of the VinFast Account by the registered user (the “User” or “you”).
1.2 Any person with legal capacity may use the VinFast Account in accordance with these Terms and, to the extent applicable, in accordance with the VinFast Connected Services Terms and Conditions (the “Connected Services Terms”) and the VinFast App Terms and Condition (the “VinFast App Terms”).
1.3 VinFast reserves the right to modify these Terms unilaterally and at any time without notice. The updated Terms will take effect upon their publication on the VinFast App. If a revision is material, VinFast will make reasonable efforts to provide at least 30 days’ notice prior to the terms taking effect. What constitutes a material change will be determined at VinFast’s sole discretion. It is your responsibility to periodically check these Terms for changes. Use of the VinFast Account after publication of updated Terms shall constitute acceptance of such Terms.
1.4 These Terms apply exclusively to the VinFast Account platform. Some Connected Services may be subject to additional or different terms and conditions. You are solely responsible for selecting Connected Services from VinFast and any third parties (“Third Party Providers”). Connected Services will be subject to constant development, and VinFast reserves the right to introduce new Connected Services or stop offering existing Connected Services.
1.5 The use of Connected Services provided by a Third Party Provider may be subject to a separate agreement between you and the Third Party Provider. VinFast does not accept any responsibility or liability with regard to availability, functionality, content, terms of use, data processing, quality or damages caused by Connected Services provided by Third Party Providers or any actions of Third Party Providers.
1.6 The development of web-based services, legal requirements and jurisprudence occasionally requires the services to be developed further and adapted to new technical possibilities or changes in user behavior. Accordingly, VinFast reserves the right to adapt the functionality of the VinFast Account at any time.
2. VinFast Account Description
2.1 The VinFast Account is a free service available to you for use in accordance with these Terms.
2.2 The VinFast Account is a virtual platform service that you can use to log into Connected Services provided to you by VinFast or by Third Party Providers. It acts as the central point for owning, using, and maximizing the User’s Vehicle experience. Using your VinFast Account, you can manage your data and the Connected Services’ access to this data, and certain other aspects of the Connected Services, such as preferences and consent (e.g., subscriptions). The VinFast Account may also allow you to store additional data in your VinFast Account, including a profile picture. The platform enables Users to:
- Manage contact with VinFast
- Manage Vehicle reservations
- Keep track of test drive appointments and car configurations
- Manage VinFast orders and deliveries
- Manage payments and invoices
- Manage Trade-in offers
- Manage the Vehicle on a day-to-day basis
- Manage charging services
3. Registering Your VinFast Account
3.1 To register for a VinFast Account, you must provide the required information and a password (‘login details’). All details provided must be verifiable in order for VinFast to provide Connected Services.
3.2 Your VinFast Account password should be long and not easy for third parties to guess. First names, surnames, birthdays or names of family members are particularly unsuitable as a password. The same applies to simple combinations of digits (e.g., 12345). Avoid frequently used or repeating words.
3.3 You are responsible for protecting your VinFast Account from unauthorized access and you should keep your password strictly confidential. VinFast shall not be liable for any loss or damage incurred related to the User’s password selection or usage or for damages caused by a third party who gains access to the password. If your password becomes known to third parties, you should change it immediately. If you are no longer able to log into your VinFast Account, please contact VinFast’s customer service without delay.
4. Customer Care
In the event of technical issues or other problems, you can contact VinFast’s customer service via the following Link.
5. Usage of the VinFast Account
5.1 VinFast grants you a non-exclusive, non-transferable and non-sub-licensable right to use the VinFast Account in accordance with these Terms. It is prohibited to use the VinFast Account in violation of these Terms or applicable law. You undertake to indemnify VinFast without limitation for all damage, costs and expenses, including reasonable legal costs, that result from your negligent or intentional violation of these Terms.
5.2 You must refrain from any activities that impair the functionality of VinFast Account (e.g., through the implementation of other software or scripts).
5.2 You must have full authorization to use all content you create in your VinFast Account and/or upload to your VinFast Account (e.g., text, images, graphics, audio files, video files, links) (“User Content”). You may not create any User Content in your VinFast Account and/or upload any User Content to your VinFast Account that:
(a) violates applicable law or is associated with or promotes money laundering or gambling;
(b) is harmful, harassing, blasphemous, defamatory, obscene, defamatory, libelous, offensive, pornographic, pedophilic, scurrilous, in violation of another person’s privacy, hateful, racist, ethically reprehensible or degrading;
(c) belongs to another person and to which you have no right of use;
(d) causes harm to minors in any way;
(e) infringes a patent, trademark, design, name right, copyright, property right or general personal rights;
(f) misleads or deceives the recipient with regard to the source of the communications contained therein or transmits information which is offensive or threatening;
(g) impersonates another person;
(h) contains software viruses or other computer codes, files or programs designed to interrupt, destroy or restrict the functionality of computer resources;
(i) threatens the unity, integrity, defense, security or sovereignty of a state, friendly relationships between states or public order or incites an identifiable crime or misdemeanor or impedes the investigation of a crime or misdemeanor or defames another state; or
(j) glorifies, promotes or trivializes violence, war or a terrorist or extremist political organization.
5.3 VinFast does not claim any right of ownership in any User Content, and nothing in these Terms restricts any rights that a User may have to use such User Content. However, by accepting these Terms, downloading, installing or using the Connected Services, or otherwise providing or making User Content available to VinFast through the VinFast Account, User hereby grants VinFast a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, and distribute such User Content for the purposes defined by VinFast from time to time, including for (i) the purposes of operating and providing the VinFast Account, (ii) VinFast’s business development purposes, (iii) statistical purposes, (iv) compliance with law, court order, or similar process, (iv) the purposes set forth in the Privacy Policy; and (v) other purposes set forth in disclosures that may be presented to the User.
5.4 VinFast does not endorse, control or direct anything contained in User Content, and is not responsible for any User Content (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
5.5 The User must comply with all applicable provisions of local and foreign laws when using a VinFast Account and the Connected Services, including but not limited to trade laws, and laws governing the import, export or re-export of the associated software and technology. You expressly confirm that you are not prohibited from using the VinFast Account or obtaining or using digital services and associated products, software or technologies under any applicable export control or sanction regulations. If this is not the case, VinFast may terminate these Terms and any related agreements and may block your access to the VinFast Account and all associated Connected Services.
6. Cybersecurity
6.1 The User is responsible for taking all reasonable measures (e.g., device password, graphic pattern recognition, etc.) to protect its devices, the VinFast Account, and its Vehicle against misuse or unauthorized access by third parties. Under no circumstances may the User disclose their VinFast Account access data or PIN code to anyone or grant or permit (either intentionally or negligently) access to the VinFast App, the Vehicle and/or to VinFast servers, except as explicitly provided for in these Terms. You must immediately notify VinFast if there has been unauthorized access to the Connected Services, the Vehicle, the VinFast App, or the VinFast Account. You will be liable for any fees, losses or claims relating to any unauthorized access arising from your failure to take reasonable precautions.
6.2 VinFast will take industry standard measures to protect itself against unauthorized access and/or risk of cyber-attacks or other threat affecting the Vehicle, traffic and road safety, life, health, privacy, property and other legal property of the owner or holder of the Vehicle, third parties, and/or VinFast. Depending on the severity of the threat and/or the importance of the assets threatened, it may be necessary to implement temporary accessibility restrictions, limit features, or completely block the Connected Services.
6.3 VinFast may provide the User with updates, including updates to security, at no additional cost, in order to apply the above measures or to restore accessibility and Connected Services or data connection features. Restoration of accessibility and functionality of the Connected Services or the data connection may require the User to install the update or additionally cooperate with VinFast (e.g., change password).
7. Service Restrictions
VinFast shall make every reasonable effort to ensure full availability of the VinFast Account and to restore its functionality without undue delay in the event of an interruption. Cases of force majeure (e.g., military conflicts, epidemics and pandemics, natural disasters, industrial disputes) or necessary maintenance, repairs or other work on technical equipment belonging to either VinFast or a third party involved or used to provide data, content, information or transmission capacities may result in unavoidable, temporary disruptions or interruptions.
8. Term and Termination
8.1 The term of use of your VinFast Account (the “Account Term”) will commence with your registration and acceptance of these Terms and continue until the Account Term is terminated.
8.2 You may terminate the Account Term at any time with immediate effect by deleting your VinFast Account. Termination of the Account Term may result in your inability to use the Connected Services.
8.3 VinFast may terminate the Account Term and its obligations in these Terms for any reason, including the elimination of the type of features of the VinFast Account you have, VinFast’s inability to maintain any of the features of the VinFast Account, or the termination of an agreement for Third Party service. VinFast will give you notice at least 30 days prior to the effective date of the termination of the VinFast Account. In addition to the preceding, VinFast may terminate all of some of the VinFast Account features without prior notice if VinFast has good cause to do so. VinFast may terminate some of all of your VinFast Account features and its obligations in these Terms immediately if you breach any part of these Terms or the applicable laws and regulations, fail to pay amounts due to us or to a Third Party Provider, or if you use the VinFast Account for illegal or improper purposes. VinFast may, in its sole discretion, reactivate some or all of the features of the VinFast Account.
8.4 In the event of cybersecurity issues, VinFast may, instead of terminating the Account Term, block your access to the VinFast Account and all associated products, services, software features and technologies for the duration of the issue.
9. Disclaimer of Warranty
THE VINFAST ACCOUNT IS PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. VINFAST DISCLAIMS (ON BEHALF OF ITSELF AND ANY OF ITS SERVICE PROVIDERS) ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, ACCESSIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITATION TO THE FOREGOING, VINFAST PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE VINFAST ACCOUNT WILL MEET THE USER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, or that it will BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR that the SERVICES will OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
10. Limitation of Liability
10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VINFAST SHALL NOT BE HELD LIABLE IF THE VINFAST ACCOUNT SHOULD BE UNAVAILABLE, INACCESSIBLE OR INTERRUPTED FOR ANY REASON, AND THE USER WILL NOT BE ENTITLED TO ANY KIND OF COMPENSATION FOR ANY UNAVAILABILITY OF THE ACCOUNT OR ANY SECURITY VIOLATIONS OR BREACHES THAT MAY OCCUR.
10.2 USE OF THE VINFAST ACCOUNT IS AT THE USER’S SOLE RISK, AND THE AVAILABILITY OF THE ACcount IS EXPRESSLY CONTINGENT ON THE LIMITATIONS AND DISCLAIMERS CONTAINED HEREIN. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VINFAST, OR ANY OF ITS AFFILIATES (OR ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS) (COLLECTIVELY, “VINFAST PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, PERSONAL INJURY, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE vinfast account OR OUT OF OR IN CONNECTION WITH THESE TERMS. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL ANY VINFAST PARTIES BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS ON THE vinfast account. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND SHALL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR VINFAST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 VinFast is not liable for Connected Services provided by Third Party Providers.
10.4 The fact that the VinFast Account can be used as a login for Connected Services provided by Third Party Providers does not make VinFast liable for the availability, functionality or lawfulness of the content of such services.
11. Privacy
11.1 Providing the VinFast Account requires data transmission between the Vehicle and VinFast IT systems and/or the Third Party Provider IT systems. You acknowledge that in order for you to be able to fully use the VinFast Account, VinFast may need to use automatic means to collect information about you or your use of the VinFast Account, and you may be required to provide certain information about yourself as a condition of downloading, installing, or using the VinFast Account.
11.2 Connected Services provided by Third Party Providers through the VinFast Account are subject to separate terms and conditions of the Third Party Providers. If you decide to use Third Party Provider services or features, you do so entirely at your own risk and subject to the applicable Third Party Provider terms and condition.
12. Place of Jurisdiction, Applicable Law
12.1 These Terms shall be construed, interpreted and governed by the substantive laws of the State of California other than those relating to conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
12.2 EACH PARTY HERETO VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS. In the event a dispute cannot be resolved informally, the dispute will be submitted to binding arbitration to be conducted in Los Angeles, California. Judgment upon the arbitrator’s award shall be final and binding and may be entered in any court of competent jurisdiction. The arbitration proceeding and all allegations and matters discussed therein shall remain strictly confidential.
