Preamble
VinFast Auto, LLC (“VinFast”) makes available a certain software application (the “VinFast App”) for mobile electronic devices such as smartphones in order to allow users of a VinFast brand vehicle (a “Vehicle”) to connect and control the Vehicle remotely and to access certain digital services related to the Vehicle (the “Connected Services”). Use of the VinFast App is subject to these VinFast App Terms and Conditions (the “Terms”), which constitute a legal agreement between you and VinFast. If you do not agree to these Terms, do not use the VinFast App.
1. Purpose
1.1 The purpose of these Terms is to define the conditions of access to and use of the VinFast App by the user (the “User” or “you”).
1.2 Any person with legal capacity may use the VinFast App in accordance with these Terms and in accordance and, to the extent applicable, with the VinFast Connected Services Terms and Conditions (the “Connected Services Terms”), and the VinFast Account Terms and Conditions (the “VinFast Account 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 App after publication of updated Terms shall constitute acceptance of such Terms.
1.4 When connecting to the VinFast App, each User must expressly accept these Terms. Such acceptance by the User indicates acceptance of these Terms without reservation or restriction.
2. Access to the Connected Services
2.1 The Connected Services are made available through the screen of the Vehicle infotainment system (the “MHU”) and through the VinFast App.
2.2 Each User will be offered different categories of rights and access to the Connected Services depending on the User’s profiler (the “User Profile”). The rights associated with each User Profile are defined in the Connected Services Terms.
2.3 VinFast makes the VinFast App available to the User by free download via the Apple Store® and or the Google® Play Store.
2.4 The VinFast App is accessible anywhere to any User with Internet access. All costs incurred by the User to access the Internet service (smartphone hardware, software, Internet connection, etc.) are at the User's expense.
2.5 A User must have a personal digital account associated with the Vehicle (a “VinFast Account”) to access the VinFast App. The registration process for a VinFast Account requires the User to provide truthful and accurate information, including their email address. Separate terms and conditions applicable to the VinFast Account must be accepted separately by the User.
2.6 To access the VinFast App, the User must identify themselves using their VinFast Account login and password.
3. Scope of the VinFast App
3.1 VinFast does not charge Users a fee to use the VinFast App.
3.2 Users can register for a VinFast Account and use the VinFast App even without owning a Vehicle. However, a User can only use certain functions in the VinFast App (e.g., managing your vehicle functions) if the User owns the Vehicle and is registered as a primary user or secondary user under the Connected Services Terms. The procedure of this verification process can vary from country to country.
3.3 With the VinFast App, a User can centrally access information about the Vehicle, activate and administer Vehicle functions worldwide, and access the Connected Services. The administration options depend on the Vehicle equipment and the country in which the VinFast App is registered.
3.4 Some of the Connected Services may be operated by third parties (“Third Parties”). Any agreement for the use of services provided by a Third Party must be concluded directly between the User and the Third Party. In case of contradiction between the Third Party terms, these Terms, and the Connected Services Terms, the Connected Services Terms shall take precedence.
4. Use of the VinFast App
4.1 VinFast grants the User a non-exclusive and non-transferable right to use the VinFast App in accordance with these Terms. It is prohibited to use the VinFast App 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.
4.2 The User must refrain from doing anything that impairs or could impair the functionality of the VinFast App (e.g., by modifying the software or executing other scripts). The User is prohibited from using the VinFast App on devices on which the device manufacturer’s protections have been bypassed or removed (e.g., “jailbreaking” or “rooting”). The User is not allowed to make any changes or additions to the VinFast App or to act in any other way that would impair or endanger the proper operation of the VinFast App.
4.3 VinFast can further develop the VinFast App at any time and add, change or remove functions. There is no right to retain a certain range of functions. However, a complete discontinuation of the VinFast App will only take place after prior notice.
4.4 The User must comply with all applicable provisions of local and foreign laws when using the VinFast App, including but not limited to trade laws, and laws governing the import, export or re-export of the VinFast App as well as the associated software and technology. You expressly confirm that you are not prohibited from receiving or using the VinFast App, including the associated 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.
4.5 The VinFast App links directly or indirectly to external websites and applications operated by third parties. The availability or the content of these external websites and applications are not under the control of VinFast and VinFast has no influence on these external websites and applications and assumes no responsibility. VinFast does not adopt the content of these external websites and applications as its own and does not warrant the accuracy, completeness or timeliness of the content of the external websites and applications. In addition, VinFast does not warrant that the external websites and applications are continuously accessible, error-free, virus-free and secure or that the contents of the external websites and applications can be downloaded safely. VinFast is not liable for any losses suffered in connection with any external websites and/or applications including any damage arising from their products, services, content, privacy practices or any third parties named therein.
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 to the VinFast App or data connection features. Restoration of accessibility and functionality of the VinFast App or the data connection may require the User to install the update or additionally cooperate (e.g., change password).
6. Intellectual Property
6.1 These Terms do not allow you to use the VinFast App on any smartphone that you do not own or control, and you may not distribute or disseminate the VinFast App over a network where it could be used simultaneously by multiple devices. You may not rent, lease, loan, sell, redistribute or sublicense the VinFast App.
6.2 Except to the extent rights are expressly granted hereunder, VinFast and its licensors retain the entire right, title, and interest to all intellectual property rights, including but not limited to all copyrights, patents, trademarks, and trade secrets arising from or relating to the VinFast App and its contents, including texts, illustrations, designs, graphics, layouts, images, tools, audio and video content, and the selection and arrangement thereof as well as all other information in the VinFast App.
6.3 The contents of VinFast App may not be reproduced, copied, reproduced, distributed, rented, lent, presented, shown to the public, made publicly available, edited, adapted, redesigned or used in any way without the prior written consent of VinFast except and only to the extent that any of the foregoing restrictions are prohibited by applicable law. Any use of the VinFast App other than as expressly permitted under these Terms is a violation of the rights of VinFast and its licensors for which the violator may be subject to prosecution and damages.
7. Term and Termination
7.1 The term of use of the VinFast App will commence upon your acceptance of these Terms and continue until terminated.
7.2 The User may terminate its VinFast App at any time using the “delete account” function in the VinFast App. When the account is deleted, all personal data, including the data on the associated Vehicle, will be deleted.
7.3 VinFast may terminate the VinFast App and its obligations in these Terms for any reason, including the elimination of the type of feature of the VinFast Account you have, VinFast’s inability to maintain any of the features of the VinFast App, or the termination of an agreement for any Third Party service. VinFast will give you notice at least 30 days prior to the effective date of the termination of the VinFast App. In addition to the preceding, VinFast reserves the right to, at any time, modify, update, upgrade and/or shut down, temporarily or permanently, the VinFast App (or any part thereof) without prior notice to you if it has good cause to do so. VinFast may terminate some or 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 service provider, or if you use the VinFast App for illegal or improper purposes. VinFast may, in our sole discretion, reactivate some or all of the features of the VinFast App.
8. Disclaimer of Warranty
THE VINFAST APP and services are 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 APP 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.
9. Limitation of Liability
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VINFAST SHALL NOT BE HELD LIABLE IF THE VINFAST APP 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 APP OR ANY SECURITY VIOLATIONS OR BREACHES THAT MAY OCCUR.
9.2 USER’S USE OF THE VINFAST App 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 app 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 app. 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. Privacy
VinFast as data controller may process your personal data to enable you to use the VinFast App. Your personal data is processed in accordance VinFast’s Privacy Policy. You can at any time exercise your rights of access, rectification, erasure, oppose the processing of your personal data, obtain its limitation or portability to the extent applicable. These rights can be exercised at any time using the DSR Form.
11. Place of Jurisdiction, Applicable Law
11.1 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.
11.2 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.
