Terms of Use
1. Commitments from myXRM
The full terms and conditions are outlined in this document (hereinafter referred to as the "Terms"). Below are some key points you should know before becoming a user:
- Currently, myXRM provides the Platform and its servicescompletely free of charge to users.
- In the future, we may consider introducing paid membership plans with enhanced features. If so, the relevant Terms will be updated and notified to you.
- We reserve the right to modify these Terms, and add or remove features or functionalities of the Platform or your Membership Plan at any time.
- All personal data you provide will be processed in accordance with the terms specified in our Privacy Policy.
- Our legal responsibility under these Terms is limited to providing this Platform at our sole discretion. We are not liable for any losses arising from third-party services or for any loss or damage to your data.
- We reserve the right to terminate your access to the Platform at any time if we detect any violation of the Terms, the myXRM Privacy Policy, or any misuse of the system.
2. Introduction
- These Terms are entered into between MYCELEB.VN Joint Stock Company (the operator of myXRM, hereinafter referred to as "we," "us," or "our") and you, along with any related parties.
- We provide a platform that includes software and cloud utility services, allowing individuals and businesses to manage and share their identity profiles, as well as receive and manage contact information (hereinafter referred to as the "Platform").
- In these Terms, “you” refers to any individual or organization registered with us as an Account Owner or any individual or organization using the Platform, whether or not they have an account.
- If you are using the Platform on behalf of your employer or a business organization, you must ensure that you are authorized to represent your employer or the organization and bind the organization and its employees to these Terms.
3. Acceptance and Platform License
- By registering on or using the Platform, you confirm that you have read, understood, and agreed to be bound by these Terms.
- You must be 18 years of age or older to use the Platform.
- We may modify these Terms at any time by providing written notice to you. By continuing to use the Platform after receiving the notice or 30 days after the notice is provided (the period may be adjusted), you agree to the revised Terms. If you do not agree to the changes, you may stop using the Platform by requesting to delete your account via email atsupport@myxrm.me" or through the account deletion function on the Platform (if available).
- If you access or download our application, you also agree to comply with the Terms of Use and Terms of Service of the platform from which you downloaded our app.
- Subject to your compliance with these Terms, we grant you apersonal, non-exclusive, royalty-free, revocable, and non-transferable license worldwide to use the Platform in accordance with these Terms. Any other use is prohibited without our prior written consent.
- While using the Platform, you must not engage in or attempt to engage in any illegal or inappropriate activities, including but not limited to:
- Violating the privacy rights of any individual (including uploading personal or private information without their consent) or infringing upon the legal rights of others.
- Defaming, harassing, threatening, intimidating, or abusing any individual, including sending unsolicited messages via the Platform.
- Tampering with or modifying the Platform, including transmitting viruses, malware, trojan horses, or any other malicious code.
- Data mining, using robots, scraping, or employing similar data gathering and extraction tools on the Platform.
- Assisting or enabling any third party to engage in any of the above activities.
4. myXRM Services
- Currently, myXRM provides you with free access to the Platform and the support services described in these Terms.
- We will make reasonable efforts to maintain the Platform's continuous operation. However, the Platform may be temporarily unavailable due to scheduled or emergency maintenance.
- If you experience issues accessing the Platform or have any questions or concerns while using it, please contact our support team via email at support@myxrm.me". We will try to respond to you within a reasonable time.
- You acknowledge and agree that the Platform may connect to or integrate with third-party systems (Third-Party Services). To the fullest extent permitted by law, we shall not be liable for any issues or interruptions caused by such Third-Party Services.
- You understand that data loss is an inherent risk of using any software. You agree that you are solely responsible forbacking up your data when using the Platform.
- TTo the maximum extent permitted by law, we shall not be liable to you for any loss or damage to data or for any scheduled or emergency maintenance that makes the Platform unavailable.
5. Registration
- Currently, registering an account on the myXRM Platform is completely free of charge.
- Upon registration, you will be granted access to the basic features of the Platform.
- In the future, if we introduce paid membership plans, all information regarding registration fees, associated benefits, and applicable conditions will be clearly communicated, allowing you the freedom to choose whether to participate.
- If you do not agree to switch to a paid plan, you may request to delete your account and data from the Platform or continue using the free features (if they remain available).
6. Account
- You are required to register on the Platform and create anAccount to access its features.
- When registering an Account, you must provide basic information, including a valid phone number and/or email address.
- All personal information you provide will be processed in accordance with our Privacy Policy.
- You agree to provide and maintain accurate, complete, and up-to-date information about your Account throughout your use of the Platform.
- You are responsible for keeping your username and password confidential. Any activity that occurs under your Account will be your responsibility, including any illegal actions or violations of these Terms.
- You may not transfer, share, or allow any other person to use your Account under any circumstances.
- You agree to notify us immediately at support@myxrm.me if you discover any unauthorized access or use of your Account.
- Upon creating an Account, you will have access to myXRM’s basic free service package. If myXRM offers premium service packages in the future, we will provide clear notification, allowing you to choose whether to subscribe.
7. Membership
- Your membership may begin with the Basic Plan. The Basic Plan is free of charge and grants you access to the core features included in the Basic Plan.
- We reserve the right to determine user eligibility for the Basic Plan at our sole discretion and may limit or terminate your access if any abuse or violation of these Terms is detected.
- In the future, if the Platform introduces paid premium membership plans, you will beclearly informed about the benefits, fees, and applicable conditions, allowing you to choose whether to upgrade or continue using the free Basic Plan.
- If there are any major changes to features or policies that may affect your rights or benefits, we will notify you in advance so you can decide whether to continue using the Platform or request to terminate your account.
8. Our Intellectual Property Rights
- You acknowledge and agree that the Platform, including all assets or content related to intellectual property rights (including but not limited to copyrights, trademarks, algorithms, and machine learning models), is solely and entirely owned by myXRM.
- We grant you a limited, non-exclusive, non-transferable license to use our Intellectual Property solely for the purpose of using the Platform in accordance with these Terms.You may not exploit any Intellectual Property for any other purpose.
- Unless you have our prior written consent, you are not permitted, directly or indirectly, to do any of the following:
- Allow any individual or organization other than yourself (the authorized user) to access or use the Platform;
- Attempt to gain unauthorized access to systems, servers, or networks related to the Platform;
- Use or access our Intellectual Property except as permitted under these Terms;
- Modify, copy, or create any derivative works based on the Platform or our Intellectual Property, or any component, feature, or functionality thereof;
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover or recreate the source code of the Platform or any Intellectual Property, or use or access them to:
- Copy ideas, features, functions, or graphics;
- Develop competing products/services or perform competitive analysis;
- Remove, obscure, or alter any proprietary notices relating to the Platform or our Intellectual Property;
- Upload or store any malicious code;
- Use or allow others to use the Platform or Intellectual Property to violate applicable laws;
- Transmit or store malicious code, or use/allow others to use the Platform for any illegal purpose;
- Use or allow others to use the Platform or our Intellectual Property in any manner other than as described in these Terms.
- Without our prior written consent, you may not:
- Copy, in whole or in part, any of our Intellectual Property;
- Reproduce, transmit, distribute, publish, broadcast, sell, or circulate any of our Intellectual Property to any third party;
- Infringe any intellectual property rights related to the Platform, including (but not limited to) altering or modifying any of our Intellectual Property.
- Exception: You are permitted to share or post content related to the myXRM Platform on social media or your personal blog provided that:
- You do not imply or claim ownership of our Intellectual Property;
- You do not imply or claim that you are endorsed, authorized, or sponsored by myXRM (unless you have written consent);
- You do not harm or exploit our reputation in any unlawful, unfair, misleading, or deceptive manner;
- You comply with all other terms outlined in these Terms.
- This clause will survive even if you stop using the Platform or terminate your account.
9. Your Data
- You are the sole and exclusive owner of all data, information, or content you upload to the Platform (“Your Data”), as well as any data or information generated by the Platform based on Your Data (“Output Data”). Please note that Output Data does not include Analytics (as defined below).
- You grant us a worldwide, unrestricted, royalty-free, and transferable license to store, back up, process, access, and use Your Data and Output Data for the following purposes:
- Communicating with you (including sending you information we believe may be of interest);
- Operating and providing the Platform to you;
- Diagnosing and resolving issues with the Platform;
- Optimizing and developing the Platform;
- Performing data analysis to improve service quality;
- Developing other services and enabling us to identify Your Data;
- Fulfilling our obligations under these Terms in a reasonable manner.
- You are fully responsible for the accuracy, completeness, and legality of all Your Data provided on or through the Platform. You represent and warrant that:
- You are the sole and exclusive owner of Your Data or have all necessary rights, licenses, consents, and permissions to grant us the rights to Your Data as outlined in these Terms;
- Neither Your Data, nor your submission, uploading, publishing, sending, or transmission of Your Data, nor our use of Your Data on, through, or by means of the Platform will infringe, misappropriate, or violate any third party intellectual property rights, publicity or privacy rights, or result in a violation of any applicable laws or regulations.
- You agree that we have the right to collect, analyze, and aggregate Platform usage information in an anonymous, non-personally identifiable form (“Analytics”). We exclusively own and may use such Analytics for service improvement and business operations.
- We do not moderate, endorse, or assume responsibility for the content of Your Data.
- You understand that the quality and accuracy of the Output Data depend entirely on the data you input into the Platform. Any inaccuracies or incompleteness inYour Data may directly affect your results and experience when using the Platform.
- This clause will survive even if you stop using the Platform or terminate your account.
10. Warranties
You represent, warrant, and agree that:
- You will not use the Platform or any intellectual property of myXRM for any purpose that competes with or harms our business operations;
- You have full legal capacity to agree to and perform your obligations under these Terms;
- All information and materials you provide to myXRM are true, accurate, complete, and lawful;
- You do not rely on any statements, representations, or warranties made by myXRM other than those expressly set forth in these Terms. You understand that the Platform is provided“as is”, and we do not warrant that the Platform will fully meet your specific purposes or expectations.
11. Liability
- To the maximum extent permitted by law, you agree to indemnify us against any legal liabilities, losses or damages arising from your violation of these Terms of Use, including but not limited to breaches of the Platform Access and License terms or Intellectual Property rights.
- Neither party shall be liable for anyconsequential, indirect, or loss of profits arising from the use or inability to use the Platform.
- Each party’s liability shall be reduced proportionally to the extent that the loss or damage was caused or contributed to by the act or omission of the other party.
- Our total aggregate liability (if any) to you arising under these Terms will be limited to a reasonable level, including:
- Re-providing the Platform services; or
- Taking other reasonable remedial actions at our sole discretion
- Since the Platform is currently provided free of charge, we have no obligation to refund any fees.
- This clause will remain in effect even after you stop using or terminate your account on the Platform.
12. Termination
- You may request to terminate your use of the Platform and delete your account at any time by sending an email to support@myxrm.meor using the account deletion feature on the Platform (if available). Termination will take effect after we confirm that your request has been processed.
- We have the right to terminate or suspend your account at any time if:
- You seriously violate these Terms of Use and do not remedy within 10 business days after receiving notice.
- You commit fraudulent acts, abuse, or causenegative impact on the operation of the Platform.
- We need to handle system issues, such asduplicate accounts or misuse of the Platform.
- In case of suspected violations, we may suspendyour account for review and investigation before making a termination decision.
- Upon termination of your account:
- You will lose access to the Platform andall related data (unless otherwise specified or required by law).
- All rights and obligations arising before termination will remain valid.
- As the Platform is currently free of charge, there will be no refund or compensation obligations between the parties upon termination, unless otherwise required by law.
- This clause will remain in effect even after you stop using or terminate your account on the Platform.
13. General Provisions
- Assignment: Neither Party may assign or transfer all or any part of its rights or obligations under these Terms without the prior written consent of the other Party (which shall not be unreasonably withheld).
- Dispute Resolution: Before initiating litigation or taking the matter to court, both Parties agree to engage in good faith discussions to resolve the dispute. If no agreement is reached, the Parties may jointly select a mediator. Mediation costs shall be shared equally by the Parties. However, each Party reserves the right to request the Court to apply emergency measures or protect legitimate rights when necessary.
- Entire Agreement: Subject to your Consumer Rights, these Terms constitute the entire understanding between the Parties. Both Parties agree that no statements or representations have been made or relied upon by either Party unless explicitly stated in these Terms. These Terms supersede all prior discussions, communications, negotiations, understandings, representations, warranties, undertakings, and agreements relating to the subject matter.
- Force Majeure: To the maximum extent permitted by law, we are not legally liable for failure to perform obligations due to events beyond our reasonable control (natural disasters, war, pandemics, internet disruptions, etc.).
- Governing Law: This Agreement is governed byVietnamese law. Each Party irrevocably submits to the jurisdiction of courts operating in Vietnam, and any court that has authority to hear appeals of those courts, waiving any right to object to proceedings brought in such courts.
- Notice: Any notice under these Terms must be in writing and sent to us via the contact details below or to you via the details provided in your Account. Notices may be sent by post or standard email, and will be deemed delivered 48 hours after posting or at the time of sending if sent via email.
- Privacy: Each Party agrees to comply with myXRM’s Privacy Policy and any applicable privacy laws or regulations.
- Publicity: With your prior consent, you agree that we may advertise or publicly disclose the fact that you are a user of our Platform, including on our website or in our marketing materials.
- Severability: If any part of these Terms is found to be invalid or unenforceable, the remainder of these Terms shall remain in full force and effect.
- Third-Party Links: The Platform may containlinks to third-party websites. We are not responsible for the content, products, or services provided by those third parties. Users shouldevaluate and take full responsibility for their transactions on such websites.
14. Definitions
- Consequential Loss means any indirect or consequential damages or losses, including but not limited to: actual or anticipated loss of profits, loss of economic benefits, reduction in revenue, business losses, loss of commercial advantage, loss of opportunity, loss of savings, damage to reputation, loss of use and/or loss or corruption of data, whether arising under statute, contract, equity, tort (including negligence), indemnity, or any other form.
- Intellectual Property means all rights related to: domain names, technical know-how, patents, technological processes, trade secrets or confidential information; integrated circuit layouts, software, computer programs, databases, source code, or any applications, including rights of registration, protection, as well as any improvements, modifications, or extensions of such assets.
- Liability means any costs, fees, damages, losses, claims, complaints, investigations, proceedings, or judgments (arising under statutory law, contract, equity, tort (including negligence), indemnity, or any other form), whether present, future, contingent, or unascertained, and whether involving third parties or not, that arise directly or indirectly from or in connection with these Terms.
Last updated: March 20, 2025.