PERSONAL FINANCIAL MANAGEMENT SOFTWARE – MISA MoneyKeeper
Article 1: Definition
1.1 MISA MoneyKeeper – Personal Financial Management Software (thereafter referred as MoneyKeeper software or MoneyKeeper): is a software developed by MISA responding personal financial anagement requirements as described at the website https://sothuchi.misa.vn.
1.2 Authorization of use: is the right to access and make use of the functions of the software.
1.3 Software subscription (thereafter referred as subscription): is the special type of goods that allows you the authorization of use within the specified amount of months or years.
1.4 MoneyKeeper software subscription (thereafter referred as MoneyKeeper subscription): is the software subscription named MoneyKeeper developed by MISA to ultilize the MoneyKeeper software functions.
1.5 Software subscription service: is the trading service of software subscriptions.
1.6 Customer: is any individual registerring to use MoneyKeeper subscription and agreeing to the terms of this agreement.
1.7 Account: is account to access subscription and has the highest authority to fully use the features of MoneyKeeper software.
1.8 Subscription activation: is the time of completing in creating an account and accessing subscription to use.
1.9 Subscription time: is the timeframe since subscription activation till the point you request to cancel subscription or MISA unilaterally cancels subscription as specified in article 6 of this agreement.
1.10 Free version: is the version that you can use the MoneyKeeper Subscription with the features as described on the website https://sothuchi.misa.vn and allow advertising in MoneyKeeper without fee.
1.11 Premium version: is the version that you have to pay the subscription fee to use the full features of the MoneyKeeper software as described at the website https://sothuchi.misa.vn without advertising.
1.12 Subscription fee: is the amount of money that you have to pay for premium version to use full features of Moneykeepr for a period of time, usually charged monthly or yearly.
1.13 Calculated subscription fee: is the calculation of total amount you have to pay MISA after registration of a premium version regardless whether to use the subscription.
1.14 Subscription suspension: is a temporary restriction of the right to partially or fully use the subscription. This restriction may not allow you to access subscription or allow to access subscription but not to use certain features.
1.15 Subscription cancellation: is the complete deletion of subscription and related data without abilities to access subscription to use or restore any data.
1.16 Intellectual property rights: is the rights to own the inventions, brands, services description, logo, brand name, internet domain, copyrights (for computer software) and source code, database, design of chips and boards, solution, exterior form and shape, invention, trade secret, and other intellectual properties whether they are patented or not, and all rights and protection forms having similar effect at any place in the world, regardless of registering location.
1.17 MoneyKeeper software copyright: is the intellectual property rights of the MoneyKeeper software.
1.18 System: is the server system located in the central database of MISA, equipped with operating system and MoneyKeeper software.
1.19 Third party: is organizations/individuals in cooperation with MISA to provide services and utilities for MoneyKeeper Software such as payment services, COD services.
1.20 Advertising partner: is the third party or organizations/individuals using advertising services of Google, … to post advertising about their products/services on MoneyKeeper software during the free version using.
1.21 Derivative Information: is the data gathered, deducted from raw data generated during your MoneyKeeper software using. For example: Information derivative from MoneyKeeper software can be reports of spending on a service, report of average income of Vietnamese people.
Article 2: MoneyKeeper subscription service and activation
2.1. MoneyKeeper subscription service
- MISA is responsible for commercializing/providing MoneyKeeper subscription service for personal financial management with the available features as described on the website https://sothuchi.misa.vn.
Right to use MoneyKeeper software:
- You are entitled to use free version when you complete registering the MoneyKeeper accounts.
- Or the you are entitled to use premium version when you have paid in full the subscription fee and subscription activation cost in accordance with this agreement.
2.2. Subscription Activation
- The subscription activation time is based on the moment of your completion for creating an account used to access MoneyKeeper.
- You are fully responsible for securing your account.
- Subscription activation time is the time when MISA has fulfilled handing over MoneyKeeper Software.
- Moneykeeper account will be verified via your email or phone number.
- You are responsible for providing sufficient and accurate information.
- You are responsible for keeping account information and password confidentially. You have to bear all damage accidentally or intentionally caused by your users resulting in data loss occured to all involved parties in case that the account’s information is disclosed.
Article 3: MoneyKeeper subscription service and activation fee
3.1 Activation fee of MoneyKeeper subscription is published on the Google/Apple application store. This fee is only charged once at the time of official activating.
3.2 MoneyKeeper subscription fee is calculated monthly or yearly and is published on the Google/Apple application store. The billing will start from the moment you successfully registers a premium version.
3.3 In accordance with the applicable law, MoneyKeeper Software Subscription Service is not subject to VAT and/or special consumption tax and/or other taxes/fees/charges, so you you do not have to pay any additional charge for these taxes / fees / charges. In case of changes in law, you will have to pay for additional taxes/fees/charges when paying the subscription fee at the effective time of the law.
3.4 MISA is not responsible for refunding subscription and activation fee that you have paid to MISA under any circumstances.
3.5 MISA reserves the right to adjust the subscription activation fee and/or the MoneyKeeper subscription fee annually according to market price and publish it directly on Google/Apple application stores. If you have prepaid the MoneyKeeper subscription fee for months/years, this fee will not be changed during the prepaid period.
Article 4: Methods and timeline of payment
4.1 Payment method: You are responsible for paying to MISA by bank transferring or online payment through a bank or third party. When making payment for MoneyKeeper software on Google/Apple application store, you have to comply with the regulations of the application store.
4.2 Payment timeline:
- You are responsible for monthly/yearly paying 100% the value of activation and subscription fee to MISA after registering to use MoneyKeeper with premium version.
- MISA might be implement auto-renewable subscriptions according to the current price for month or year which is published on the Google/Apple application store, etc. In case you wish to discontinue an auto-renewable subscription, please cancel recurring billing on these application store.
Article 5: Methods and timeline of payment
5.1 If case that you wish to suspend subscription, you have to proactively remove MoneyKeeper software and/or delete its data entered on MoneyKeeper software with Delete Data feature developed in MoneyKeeper software.
5.2 MISA has the right to suspend subscription in the following cases:
- MISA is requested by the government’s tax authorities or related departments.
- Or you violate the obligations of this Agreement.
- Or suspend for maintenance, upgrade, bug fix or correct and prevent information security problems.
Article 6: Subscription cancellation
6.1 In case that you wish to unilaterally cancel the MoneyKeeper subscription, you have to proactively remove MoneyKeeper software and/or delete its data entered on MoneyKeeper software with Delete Data feature developed in MoneyKeeper software.
6.2 MISA has the right to unilaterally cancel the subscription in the following cases:
- MISA is requested by the government’s tax authorities or related departments.
- Or you violate the obligations of this agreement.
Article 7: The rights and obligations of MISA
7.1 The rights of MISA:
- Collect activation and subscription fee in accordance with this agreement.
- Unilaterally suspend or cancel subscription or terminate this agreement if you violates the obligations of this agreement.
- Not responsible for maintaining customer data on MISA’s Data Center and not responsible for any errors or losses of customer data when using free version or from the time of subscription cancellation.
- Be entitled to process and transmit customer data during the MoneyKeeper software using.
- Be entitled to use derivative information from a part or all of the information generated by yourself when using MISA products for the purposes of research and development, market and consumer behaviors and other purposes that can be profitable or not profitable. MISA undertakes that this derivative information does not contain any of your specific personal data (name, phone number), specific transactions or business secrets.Be entitled to use derivative information from a part or all of the information generated by yourself when using MISA products for the purposes of research and development, market and consumer behaviors and other purposes that can be profitable or not profitable. MISA undertakes that this derivative information does not contain any of your specific personal data (name, phone number), specific transactions or business secrets.
- Have the right to enable partners’ advertising on MoneyKeeper software with free version.
7.2 MISA’s obligations:
- Provide MoneyKeeper software subscription service to ensure that you can perform personal financial management operations as described in the user guide on MoneyKeeper software.
- Automatically do converting of premium to free version in case of overdue payment.
- Neither responsible for the quality of the partners’ products/services nor related to any of your rights and obligations when using the advertising of partners’ products/services.
- Implement other rights and obligations in accordance with this agreement.
Article 8: Your rights and obligations
8.1 Your rights
- Use Moneykeeper software to create data for your work.
- Download customer data entered by yourself into the software from the subscription activation time to suspension or cancellation.
8.2 Your Obligations:
- Pay to MISA 100% the value of subscription fee with advanced time in accordance with this Agreement.
- Agree to be limited to some features of the software and receive advertising when using free version of MoneyKeeper software.
Not allowed to use the MoneyKeeper software subscription including but are not limited to updating data, sending emails, writing articles or transmitting data for the following purposes:
- Harm, disturb others or cause injury to people and property;
- Publish fraudulent information or documents which is involved in discreditation, harassment or obscenity;
- Infringe on privacy or religion, gender and the disabled discrimination;
- Infringe on intellectual property or other proprietary rights;
- Interfere or disrupt the service (including but are not limited to accessing the service through any means of machinery or software);
- Serve for Vietnamese or international terrorist organizations or for organizations in the countries embargoed by the United States;
- Violate the legal regulation.
- Be responsible for logging into MoneyKeeper software to check the validity according to the access information sent by MISA via email and/or phone.
- Be responsible for receiving and using the software in accordance with MISA’s instructions and recommendations published on the software.
- Implement other rights and obligations in accordance with this agreement
Article 9: Consultancy and support
9.1 MISA provides online instruction documents which are directly published on MoneyKeeper softwarefor active look up.
9.2 When arising any feedbacks, you can press the button “Feedback” right on the MoneyKeeper software or comment on the Google/Apple application store.
Article 10: Warranty and maintenance
10.1 MISA is responsible for ensuring technical conditions so that you can use the software 24 hours a day and 7 days a week excluding maintenance, upgrading or troubleshooting time. System downtime for maintenance or upgrading or backup will be notified in advance by MISA directly on the software. Maintenance, upgrade or backup will be conducted daily, weekly, monthly or yearly and prioritized at night when the system is used the least.
10.2 MISA is responsible for troubleshooting the system at least 8 working hours after receiving your request, unless the problem is not caused by MISA’s fault.
10.3 You accept all patches, fixes, upgrades, and maintenance which are necessary for the software to run properly and ensure security of the service. Except for an emergency, MISA will inform you in advance of these fixes or upgrades schedule.
Article 11: Responsibility to handle security incidents
11.1 Security incidents include but are not limited to the following cases:
- Loss or change of data on the software without obviouscauses.
- Bị gián đoạn không sử dụng được sản phẩm.Software interrupted.
- Suspicion of being hacked.
11.2 In the event that you detect any security incident as stated in Clause 11.1of this article, you are responsible for immediate notifying MISA via contacts on https://www.misa.vn/lien-he and to ensure that the information has been confirmed by the charged staffs of MISA.
11.2 Trường hợp Khách hàng phát hiện ra các sự cố an ninh được nêu tại Khoản 11.1 Điều này, bằng mọi cách Khách hàng có trách nhiệm thông báo ngay lập tức với MISA theo thông tin liên hệ được đặt tại website https://www.misa.vn/lien-he và đảm bảo thông tin đã được người có trách nhiệm của MISA xác nhận là đã nhận được thông tin.
11.3 In the event of a security incident related to the MISA products, MISA will be responsible for investigating and troubleshooting. During this investigation and troubleshooting process, you should get involved as requested by MISA.
Article 12: Limitation of legal liability and providing service
12.1 MISA does not warrant, represent, or guarantee that your use of Moneykeeper Software will not be interrupted or error-free, or Moneykeeper Software will meet your specific requirements, or any errors in Moneykeeper Software and/or documents will be corrected; or the system ensures the operation of the software (including but are not limited to internet connection, other transmission networks, internal network and your devices) will be free of viruses or harmful components.
12.2 MISA do not guarantee of any forms, whether expressed or implied regarding conditions like quality satisfaction or non-infringement of third parties’ rights. MoneyKeeper Software is provided in the form of “by status – as is” and “available – as available” basis. You will be solely responsible for determining whether the MoneyKeeper software or information generated from the MoneyKeeper software is lawful and fully responsive for your using purpose. In case, for any reasons, the information generated from the MoneyKeeper Software that leadvertising you to the subject to administrative or criminal penalties, you shall be solely responsible for the violation.