Connected Services Agreement

PREAMBLE

VinFast Auto, LLC (“VinFast”) is engaged in the activity of selling sustainable electric vehicles. Driven by a constant concern to ensure the best possible customer satisfaction, VinFast is committed to designing high-quality products with high technological content. Accordingly, VinFast makes available to its customers certain digital services (the 'Connected Services') related to VinFast brand vehicles (each, a 'Vehicle'). Use of the Connected Services is subject to these VinFast Connected Services Terms and Conditions, which constitute a legal agreement between you and VinFast. If you do not agree to such terms and conditions, do not use the Connected Services.

1. Purpose

1.1 The purpose of these VinFast Connected Services Terms and Conditions (the “Terms”) is to define the terms and conditions of access to and use of the Connected Services by the user (the “User” or “you”).

1.2 These Terms govern the rights and obligations of the User and VinFast with regard to the Connected Services and service packages ordered by the customer. Connected Services and services provided by third parties (“Third Party Services”) may vary depending on the model, the year of manufacture and equipment of the Vehicle, the version of the Connected Services software installed in the Vehicle, the country of use of the Vehicle, and the Connected Services ordered for the Vehicle. You are solely responsible for selecting Connected Services from VinFast and from any third parties (“Third Party Providers”).

1.3 When a User connects its online account (their “VinFast Account”) to the Vehicle either through VinFast’s software application (the “VinFast App”) or the Vehicle's infotainment system (the 'MHU'), the User must expressly accept these Terms. Such acceptance indicates acceptance of these Terms without reservation or restriction.

1.4 Any person with legal capacity may use the Connected Services in accordance with these Terms and, to the extent applicable, in accordance with the VinFast Account Terms and Conditions (the “VinFast Account Terms”) and the VinFast App Terms and Condition (the “VinFast App Terms”) which are subject to separate agreement.

1.5 These Terms apply exclusively to the Connected Services made available by VinFast. Some Connected Services may be subject to additional or different terms and conditions. These Terms do not apply to any other digital content or service provided separately by VinFast (such as In-Car Apps), or Third Party Services, which are subject to separate agreement.

1.6 VinFast may change these Terms from time to time with immediate effect. Upon such a change, the User may accept the updated terms to continue using the Connected Services, or cease using the Connected Services.

2. Use of the Connected Services

2.1 The User must have a VinFast Account in order to use the Connected Services. The VinFast Account will also allow the User to use the Connected Services through virtual assistance while inside the Vehicle cabin. 

2.2 The Connected Services may be operated through the VinFast App as the User interface. VinFast makes the VinFast App available to the User by free download via the Apple App Store® or the Google® Play Store.

2.3 The Connected Services require a data connection between the Vehicle and the VinFast data server. This connection is established by mobile networks or Wi-Fi. The availability and performance (speed) of the connection depend on several factors that are not under VinFast’s control or responsibility. These factors include availability of mobile reception in the geographic area of the Vehicle and possible disruption, and alteration or interruption of mobile reception caused by tunnels, garages, underpasses, or other disruptive influences (weather conditions such as thunderstorms, jamming, buildings, bridges or mountains, high levels of use in the mobile network for the cell concerned, etc.).

2.4 The provision of Connected Services depends on the suitability of the Vehicle to the service; the relevant information can be found on the VinFast Website and in the owner manual of the Vehicle. The Vehicle is equipped with an integrated SIM card (eSIM). For certain Connected Services, the required data connection between the Vehicle and VinFast’s data server is established using this eSIM card, free of charge for the User and without any obligation for the User to conclude a separate contract to that effect by a telecommunication operator commissioned by VinFast.

2.5 For certain Connected Services, the User is required to enter into a separate contract with a telecommunication operator to establish the data connection between the Vehicle and/or the User and VinFast’s data server. Such data connection is governed exclusively by the telecommunications operator’s terms and conditions and is subject to additional costs which are the User’s sole responsibility. This includes connection and roaming charges.

3. Description of the Services

3.1 Connected Services are made available through the interface of the screen of the Vehicle's infotainment system or via the VinFast App. Connected Services fall into several categories as detailed below. Depending upon the Vehicle, some of the features listed below may be generally available, may not be standard,  may be optional features and subject to additional costs, or may not be available. It is recommended that the User refer to the Vehicle order form to review the scope of the Connected Services available on the User’s Vehicle.

3.1.1. Car Control

Car Control services allow the User to interact with and activate certain Vehicle functions remotely using the VinFast App or by voice command while inside the cabin and connected to the User’s VinFast Account. A non-exhaustive list of features that may be available includes:

  • Turn on/off Automatic High Beam
  • Control car window
  • Close/open rear trunk
  • Unlock front trunk
  • Unlock battery charging port
  • Control rearview mirror
  • Control AC
  • Control Sunroof
  • Control fog lamp
  • Control driving modes
  • Adjust speaker volume (balance, focus, volume)
  • Control Seat Heater/Ventilation/Massage (Front/rear)
  • Control regenerative braking
  • Select time format
  • Change vehicle name
  • Use horn
  • Lock/unlock car door
  • Send notifications to VinFast App if car trunk, fuel lid or any door are opened for more than 5 minutes
  • Valet mode
  • Pet mode
  • Camp mode
  • Reduce chimes volume
  • Car wash mode

3.1.2 User Profile/ Account Management and Synchronization

User Profile / Account management and synchronization services facilitate access to each User's profile and customized options. A non-exhaustive list of features that may be available includes:

  • Remember User’s settings by profile
  • Authorize second user/driver to use the car and set up an independent account

3.1.3 Navigation

Navigation services facilitate the user experience of navigation while driving. A non-exhaustive list of features that may be available includes:

3.1.3.1 Basic Navigation

  • Search locations on map, guide, and plan the journey for User
  • Search charging stations (by area, availability, the maximum charging speed, CPO name)
  • Find parking area (based on distances, available slots, prices)
  • Warn and suggest directions to the nearest charging stations when the battery is low

3.1.3.2 Advanced Trip Planner

  • EV Routing: automatically suggest routes through charging stations when battery level is not sufficient for the journey
  • Route synchronisation from VinFast App onto main screen
  • Live traffic (show real time traffic on the map)
  • Satellite view (show satellite view on the map)
  • Locate vehicle location remotely (vehicle location is located on VinFast App)

3.1.4 Vehicle Security and Maintenance

Vehicle Security and Maintenance services make available to the User information about the vehicle and its maintenance. A non-exhaustive list of features that may be available includes:

            3.1.4.1 Security

  • E-call/Auto e-call when accident is detected (automatically make phone call in emergency). In case the call is made, the information is sent to the rescue center including location, vehicle type, VIN number, time of incident, vehicle direction, number of people in car)
  • Roadside assistance
  • Intrusion alert

3.1.4.2 Maintenance

  • Self-diagnosis
  • Suggest maintenance schedule
  • Basic technical indices of car: car tire’s pressure, car temperature, environment temperature
  • Basic operational information of car: the purchase data, the number of traveled kilometers, the traveled time, transaction history, maintenance history)
  • Journey history of car (driving trend)
  • Track journey indices (trip history)

3.1.5 In-Car Home and Office

In-Car Home and Office services relate to multimedia and User experiences. A non-exhaustive list of features that may be available includes:

  • Q&A with virtual assistant
    • Q&A about information (weather, sports, prices, stock, etc.)
    • Q&A about news
  • Virtual assistant personalization
  • Allow to connect with Android Auto and Apple CarPlay
  • Audio entertainment
    • Listen to music
    • Listen to radio
    • Listen to audio book
    • Karaoke
  • Video streaming
  • Games
  • Web browser
  • Smart home control
  • Personalization schedule and phone book synchronization
    • Daily task reminder
    • Call by phone book
  • Text-to-speech & speech-to-text
    • Receive message/email with text to speech
    • Send message/email with speech to text

3.1.6 In-Car Shopping

The In-Car Shopping services allowing the User to engage in online shopping.

3.1.7 Over the Air Updates

The over the air update services allowing Users to receive updated features, fixes, and other software or firmware updates which may be made available by VinFast for wireless delivery to the Vehicle.

3.1.8 Car Service

The car service features relate to services for the Vehicle. A non-exhaustive list of features that may be available includes:

  • Aftersales service schedule notification
    • Receive maintenance schedule reminder
    • Schedule car maintenance, car maintenance inspection and repair at the workshop
  • Battery management
    • Actively adjust the battery temperature to save charging time and prolong battery life
  • Charge scheduling
  • Charging management
    • Set charging limitation based on the percentage of battery
    • Follow charging status
    • Postpaid fee payment
  • eSIM multi profile

3.2 Descriptions of services and further information on Connected Services can be found in the product brochures, description of the digital service on the VinFast Website and/or can be obtained on request from the VinFast FAQ or by contacting VinFast here.

3.3 The Connected Services may include certain information, services and features that are provided by Third Party Providers. For all Third Party Services, a pop-up will appear on your VinFast App or on the MHU of your Vehicle before you can access these Connected Services. VinFast has no control over such Third Party Services or the information, services or features that they provide, and accepts no responsibility for them or for any loss or damage that may arise from your use of or reliance on them, including but not limited to liability with regard to availability, functionality, content, terms of use, data processing, quality, or damages caused by the Third Party Services. If you decide to use such information, services and features, you do so entirely at your own risk and subject to any terms and conditions that the applicable Third Party Providers require.

3.4 As an indication and without this list being limitative, Third Party Providers may include the following, which may change over time at VinFast’s discretion:

  • Amazon Alexa®
  • Amazon AWS®
  • Android Auto®
  • Apple CarPlay®
  • Calmcar®
  • Gameloft®
  • Here®
  • Hubject/Bosch®
  • iHeartRadio®
  • Okta®
  • Securiti.ai®
  • Sentry®
  • Sony®
  • Spotify®
  • TuneIn®
  • Upstream C4-VSOC®

3.5 Plug&Charge Third Party Services, if available and activated by the Admin Profile, enable every User of the Vehicle (including a Secondary Driver) to charge the Vehicle at public charging stations equipped for the Plug&Charge service at the expense and on behalf of the Admin Profile by plugging in the charging cable.

4. User Profile, PIN Code

4.1 Different categories of rights and access to the Connected Services will be offered to a User depending upon that User’s User Profile. The available User Profile may vary, for example, depending on the model, year of manufacture, equipment of the Vehicle, and version of the Connected Services software installed in the Vehicle.

4.2 The User may either be:

- The owner of the Vehicle (“Owner”)

- The primary User (“Primary Driver”)

- A secondary User ('Secondary Driver')

- A guest (“Guest ” or “ Guest Profile”)

- A Valet mode driver (“Valet”)

4.2.1 The Vehicle Owner is the person who legally owns and administers by default the vehicle. When the Owner's User Profile is linked using the VinFast App, the Vehicle Owner is automatically set as the Primary Driver but the Vehicle Owner can delegate the Primary Driver role to another person that has a VinFast Account.

4.2.2 The Primary Driver is the person, generally the owner of the car, who chooses to create a main User Profile (“Admin Profile”) to use the Connected Services and connect the Vehicle to Connected Services. The Primary Driver status allows access to the full scope of the Connected Services. The Primary Driver profile can be cancelled at any time through the VinFast App and/or the MHU, including for example during  the transfer of ownership process. The Admin Profile can only be created with Owner approval.

4.2.3 The Secondary Driver is the one who is connected to the Vehicle with the Connected Services and who is approved as a Secondary Driver of the Vehicle by the Primary Driver through the Admin Profile, to use an additional Profile “Linked Profile”. The Secondary Driver may not have access to the Connected Services which are exclusively provided to the Primary Driver. The Secondary Driver can also cancel its own Secondary Driver role. The role of Secondary Driver is intended for a person who regularly uses the Vehicle for a long period (e.g., family member or friend of the Primary Driver). Several Secondary Drivers may be assigned to the Vehicle at the same time. The Secondary Driver must accept these Terms when first connecting to the Vehicle connected to Connected Services. The Secondary Driver will not be subject to the rights and obligations that are assigned solely to the Primary Driver under these Terms.

4.2.4 The Guest Profile is the default Profile of the Vehicle. It can be chosen by an occasional User without activated data transmission between the Vehicle and VinFast IT systems or third-party systems. Guest Profile does not have de facto access to Connected Services that are exclusively provided to the Primary Driver and Secondary Driver apart from Universal Emergency Call Service (e-Call).

4.2.5 Valet mode is a mode that the Primary Driver and or the Secondary Driver can activate through the Admin Profile or Linked Profile to allow a third party to use the Vehicle with very limited functions. The Valet mode will include speed limit and ADAS functionalities deactivation.

4.3 These Terms do not apply to persons other than the Primary Driver and Secondary Driver who chose a non-connected Profile.

5. Cybersecurity

5.1 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.

5.2 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.

5.3 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).

6. Updates

VinFast may provide the User with updates to the Connected Services at no additional costs that include:

6.1 IMPROVEMENTS: The evolution of Internet services occasionally requires the improvement of services and their adaptation to new technical functions or changes in the behavior and needs of the User or changes in the technical development of the environment/infrastructure. VinFast may provide the User with updates, new software versions and versions including technical adaptations or additional services, functions, links, integrate services (modules) or redesign and recompile services, as well as change the name and appearance of the Connected Services (“Improvements”). VinFast will use commercially reasonable efforts to ensure that Improvements do not diminish the compliance of the Connected Services with legal, regulatory and judicial requirements (“Compliance”) or diminish the User’s overall access to or ability to use the Connected Services. VinFast is not obliged to supply Improvements.

6.2 DEBUGGING: VinFast will provide the User with updates, including security updates that contain Debugs that intend to preserve the Compliance of Connected Services. VinFast will inform the User of the availability of updates containing Debugs, the consequences of not installing the updates, and how to install.

6.3 VinFast may provide the User with updates containing changes to the Connected Services beyond what is necessary to maintain the Compliance of the Connected Services.  VinFast may inform the User of the changes.

7. Customer Service

In the event of difficulties regarding the purchase or activation of Connected Services, technical challenges, or other problems relating to the use of the Connected Services, the User can contact VinFast customer service. The customer service details are available on VinFast’s Website or under the following link.

8. Rights of use

8.1 The User has a non-exclusive, non-transferable, non-sublicensable right to use the Connected Services and any content and information obtained through them. Except for the permission expressly granted from the Admin Profile to Secondary Drivers, the User is not authorized to grant third parties’ access to the Connected Services or content and information obtained through the Connected Services. The User is not authorized to disclose the credentials (VinFast Account password, S-PIN) to third parties.

8.2 The modification of the software or any transformation of object code into source code (decompilation) are prohibited, except to the extent that a right of decompilation cannot be excluded under applicable law.

9. Responsibilities of the User

9.1 The User must ensure that its specific use of the Connected Services does not violate these Terms, applicable law, in particular the highway code, the rights of the Owner of the Vehicle as well as other people. The User remains responsible for the use of the Connected Services by third parties, even if it inadvertently grants such third parties access to the Connected Services by not disconnecting after using the Vehicle. By using any Connected Services, all warnings and information in the description of  corresponding services must be observed by the User. The Owner and/or Primary Driver retains full responsibility for the precautions to be taken to ensure road safety and maintenance of the Vehicle. Any warning and error messages provided by the Connected Services are informational only. At all times, it is the sole responsibility of the driver of the Vehicle to respect the local traffic regulations such as highway codes and related legislation.

9.2 If the User is not the Owner of the Vehicle, before making updates to the software, the User is obliged to ensure that it is authorized to do so by directly contacting the Owner. If applicable, the User can find information about permission to perform software updates in contracts concluded between the User and the Owner with regards to the Vehicle (e.g., in the leasing contract or – for a company car – in the employer's regulation on company cars or in the employment contract). The User must obtain consent of the Owner of the Vehicle to update the software.

9.3 The Primary Driver must inform the Secondary Drivers of these Terms, the Privacy Policy where data access is described, and the privacy settings, and inform the Secondary Drivers about the ability to place the Vehicle in “No data transmission” mode in the Privacy settings of the MHU.

9.4 The Primary Driver must disable Plug&Charge before handing over the Vehicle to any other person, otherwise, the Primary Driver will be liable for all Plug&Charge expenses incurred.

9.5 In the event of a sale or other permanent transfer of the Vehicle to a third party, the Owner/Primary Driver is required to (a) complete the “Ownership transfer” process, and (b) delete its personal data in the MHU of the Vehicle and reset the system.

9.6 In case of the User’s failure to comply with the obligations of this Article 9, the User will be held liable for compensation for all damages suffered by VinFast and agrees to indemnify VinFast against any third-party claims against VinFast resulting from User’s non-compliance.

10. Term and Termination

10.1 The duration of these Terms begins upon the Owner’s acceptance of the Terms and ends when the Connected Services are terminated.

10.2 The Owner may terminate the Connected Services at any time. Even after Connected Services are terminated, VinFast may continue to deliver certain mandatory, cybersecurity, safety, and emergency services updates.

10.3 To the extent permitted by law and unless prohibited by law, VinFast reserves the right to terminate a User’s participation in or access to the Connected Services if, in VinFast’s sole judgment, a User violates these Terms or otherwise does not meet the eligibility criteria set forth herein. VinFast reserves the right to temporarily deactivate or suspend the Connected Services in its sole discretion. VinFast may terminate the Connected Services for good cause such as a material uncured breach of these Terms by the User. VinFast will give the Admin Profile notice prior to termination unless VinFast determines that an immediate termination is advisable for security, safety, or other reasons.

10.4 In the event of termination of these Terms, the Connected Services will be deactivated in the affected Vehicle. The VinFast Account associated with the Vehicle will continue to exist until it is deleted by the VinFast Account owner.

10.5 All provisions of these Terms which by their nature survive termination or expiration shall survive termination or expiration of these Terms, including the provisions on dispute resolution and governing law.

10.6 In the event of material breach of these Terms by the User, VinFast is entitled to block the User's access to the Connected Services until cessation of violation.

11. Disclaimer of Warranty

THE CONNECTED SERVICES ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. VINFAST HEREBY DISCLAIMS (ON BEHALF OF ITSELF AND ANY OF ITS THIRD PARTY 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 SERVICES WILL MEET THE USER’S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

12. Limitation of Liability

12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VINFAST SHALL NOT BE HELD LIABLE IF THE CONNECTED SERVICES SHOULD BE UNAVAILABLE, INACCESSIBLE OR INTERRUPTED, AND THE USER WILL NOT BE ENTITLED TO ANY KIND OF COMPENSATION FOR ANY UNAVAILABILITY OF THE SERVICES OR ANY SECURITY VIOLATIONS OR BREACHES THAT MAY OCCUR. Without limiting the foregoing:

12.1.1 VinFast shall not be liable for any unavailability of Connected Services to the extent such unavailability results from User’s failure to install an update within a reasonable time from when VinFast makes such update available.

12.1.2 VinFast shall not be responsible nor deemed to be in default on account of delays or interruptions in the Connected Services to the extent affected by an event which is beyond VinFast’s reasonable control and not occasioned by VinFast’s fault or negligence, including (but not limited to) acts of God or public enemy, war, civil war, warlike operations, terrorism, insurrections or riots, fires, floods, explosions, epidemic or quarantine restrictions, pandemics, natural disasters, labor disputes, embargoes, any act of government, governmental priorities or allocation, repairs or other measures on technical installations of VinFast or a third party that provides data, content, information or transmission capabilities that may cause disruption, and unavoidable interruptions or reduced performance (speed) of the Connected Services.

12.1.3 VinFast shall not be liable for any loss or damage arising as a result of any use of the Connected Services by the User that does not comply with these Terms and/or applicable law. This applies in particular if the driver of the Vehicle is distracted while driving due to the use of Connected Services and this distraction leads to an accident.

12.1.4 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 to whom the User has granted access to the Connected Services.

12.1.5 VinFast is not responsible for the accuracy, timeliness, precision, completeness and/or quality of the data, or for the content and information made available via the Connected Services provided by Third Party Providers. Data, information, and content is neither checked nor modified by VinFast.

12.2 VinFast has no knowledge of the legal and actual relationships of the Users with the Vehicle. VinFast is not responsible for the correct assignment of User Profiles between Users, the control of the assignment of User Profiles or, in the event of a change in legal and/or actual relationships between the User and the Vehicle or the Users themselves, the adaptation of roles from Users to new relationships.

12.3 USER’S USE OF THE CONNECTED SERVICES IS AT THE USER’S SOLE RISK, AND THE AVAILABILITY OF THE CONNECTED SERVICES 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 CONNECTED SERVICES 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 CONNECTED SERVICES. 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 WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.4 These limitations of liability apply not only to the User, but to anyone using the Connected Services through the User’s account (whether or not authorized). THE FOREGOING LIMITATIONS DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Privacy

13.1 On the legal basis of the contract performance, providing Connected Services to the Primary and/or Secondary Driver requires data transmission between the Vehicle and VinFast IT systems and/or the Third Party Provider IT systems according to their respective terms and conditions. User acknowledges that in order for User to be able to fully use the Connected Services, VinFast may need to use automatic means to collect information about User or User’s use of the Connected Services, and User may be required to provide certain information about itself (collectively, “User Data”) as a condition of downloading, installing, or using the Connected Services.

13.2 The User can configure in real time its consent to data transmission in the “Privacy Settings”. Where applicable, the User can submit data access requests in accordance with the Privacy Policy.

13.3 If the User chooses to deactivate the connectivity of the Vehicle and related Connected Services, the User will only have a very limited experience of Connected Services and User Data will not be transferred from the Vehicle to the VinFast offboard system, except in case of use of regulatory and essential services like E-Call (911 or equivalent) and will not be linked to the corresponding VinFast Account.

13.4 All User Data that VinFast collects through or in connection with the Connected Services is subject to the Privacy Policy, to the extent it includes personal data or personal information. By providing User Data through the Connected Services, the User consents to all actions taken by VinFast with respect to the User’s information in compliance with the Privacy Policy, including the use of User Data, in whole or in part, for the purposes described in these Terms or in other disclosures that may be consented to by the User.

13.5 The Connected Services provided by Third Party Providers are subject to their own terms and conditions and privacy policy. If the User decides to use such information, services and features, the User does so entirely at its own risk and subject to any terms and conditions that the applicable Third Party Provider requires.

13.6 Subject to the Privacy Policy, VinFast does not claim any right of ownership in any User Data, and nothing in these Terms restricts any rights that a User may have to use such User Data. However, by accepting these Terms,  downloading, installing or using the Connected Services, or otherwise providing or making User Data available to VinFast through the Connected Services, User hereby grants VinFast a non-exclusive, transferable, perpetual, sub-licensable, worldwide, royalty-free license to use, copy, modify, and distribute such User Data for the purposes defined by VinFast from time to time, including for (i) the purposes of operating and providing the Connected Services, (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.

13.7 User agrees that VinFast may install over-the-air software updates, including automatic firmware and software updates, to the vehicle and the Connected Services. User also agrees that VinFast may automatically retrieve information from the Vehicle, as described in its Privacy Policy. The User is not entitled to receive any software updates and some Connected Services may not be available during software updates.

13.8 If User is a natural or legal person acting in its commercial or professional capacities (a “Business User”), User hereby consent on behalf of itself, and on behalf all of its business’ employees, agents, contractors and other persons accessing or using the Connected Services, to VinFast’s use of any data collected pursuant to or in association with the Connected Services to: send electronic communications, fulfill customer requests, make the customer experience more customer friendly and personalized, contact the customer if necessary, improve the Connected Services, market to the customer where permitted by law, comply with legal requirements, and achieve the purposes disclosed in the Privacy Policy. The Business User agrees to provide any notice and obtain, record, and maintain any consents or authorizations that may be required by law to authorize VinFast’s collection, use, disclosure, and other processing of personal information. Business Users are solely responsible for informing all drivers of their vehicles and all users of Connected Services of the full nature and scope of the Connected Services, including, but not limited to, any Connected Services that collect data, track the location of the vehicle or monitor the vehicle status or operation or the driver’s activities while operating the vehicle.

14. Place of Jurisdiction, Applicable Law

14.1 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.

14.2 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