Preamble
VinFast Auto Canada Inc., and its affiliates (hereinafter referred to as “VinFast”), are engaged in the declared principal activity of the sale of sustainable electric vehicles. As an accessory to the vehicles VinFast markets and through different usage channels, VinFast allows its customers to benefit from some connected services ( “Connected Services”) as described in greater detail in the Terms and Conditions of VinFast Connected Services (“Connected Services Terms”) which can be found here. The customer can operate the Connected Services through the VinFast App, which is the application software for mobile electronic devices, such as a smartphone in order to allow VinFast vehicle users to connect and control VinFast vehicles remotely and to access the Connected Services.
1. Purpose
1.1 The purpose of these License and General Terms and Conditions of VinFast App (" Terms" and/or “License”) is to provide a legal framework for using the VinFast mobile application ("VinFast App") and related services by and to define the conditions of access to and use of the services by the user (“User”, together with Owner, may be referred to as “you” or “your”).
1.2 Any VinFast customer with full legal capacity is authorized to use the VinFast App in accordance with these Terms as well as the general terms and conditions of the Connected Services and the general terms and conditions of the VinFast digital personal account (“VinFast Account Terms”). If you or a person using the vehicle is a minor, the minor should review these terms with their guardian.
1.3 These Terms are accessible on the VinFast App under the heading "Terms and Conditions" and govern the use and access to the VinFast App.
1.4 Any registration or use of the VinFast App implies acceptance of these Terms by the User without reservation or restriction. When connecting to the VinFast App, each user expressly accepts these Terms by ticking the box preceding the following text: "I acknowledge that I have read and understood the Terms and Conditions and I accept them".
1.5 These Terms constitute an agreement between you and VinFast setting forth the terms and conditions governing your use of the VinFast App.
1.6 In the event of non-acceptance of the Terms stipulated in this contract, the User must not access the services offered by the VinFast App.
1.7 VinFast reserves the right to modify these Terms unilaterally and at any time without notice. Users will be informed of the changes by publishing the updated Terms on the VinFast App. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. The modification of the Terms will take effect from their publication. It is your responsibility to periodically check these Terms for changes. Use after such publication shall constitute acceptance of the new version of the Terms. Upon such a change, User may accept the updated terms to continue using the Connected Services, or cease using the Connected Services.
2. Prerequisites for Service Delivery
2.1 VinFast has developed the VinFast App to allow the User to connect and control VinFast Vehicles remotely and to access the Connected Services.
2.2 Connected Services are digital services offered from the moment you receive VinFast vehicle ("Vehicle"), by the screen of the Vehicle's infotainment system (also referred to as the multimedia head unit or "MHU") or the VinFast App.
2.3 Depending on its user profile (“User Profile”), the owner of the Vehicle (“Owner”) and each user of the Connected Services will be offered different categories of rights and access to Connected Services. The different categories of User Profiles are outlined in the Connected Services Terms [link].
2.4 The VinFast App is available by free download via the Apple App Store® and or the Google Play Store®.
2.5 The VinFast App is accessible anywhere the User has 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.
2.6 The VinFast Account is the User’s VinFast personal and digital account and serves as the primary access point. This means that the User requires a VinFast Account to access the VinFast App. By agreeing to register VinFast Account, the User undertakes to provide truthful and accurate information concerning their personal and professional details, in particular their email address.
2.7 To access the VinFast App, the User must identify themselves using their VinFast Account login and password.
2.8 In order to use the VinFast App, the User must review and accept the VinFast Account Terms [link].
3. Scope of the VinFast App
3.1 VinFast offers Users the VinFast App free of charge.
3.2 You can register for a VinFast Account and use the VinFast App even without owning a Vehicle. However, only Users can receive the benefits certain functions in the VinFast App, e.g. managing Vehicle functions. As discussed in Article 3.3, your level of functionality will depend on the type of User Profile you have. Details regarding User Profiles are found in the Connected Services Terms.
3.3 Below are some of the features that Users can use with the VinFast App:
- View the battery state of charge and charging status
- Allow remote features such as climate control and remote locking
- Conveniently book a service, charge station or roadside assistance request
- Plan a journey and send it directly to the Vehicle
- View the current health status of the Vehicle
- View an interactive Owner’s Manual
3.4 Some Connected Services made available through the VinFast App and VinFast Account use to log into different services provided to you by VinFast or by third parties unrelated to VinFast (“Third Party Providers”). In order to use the Connected Services, you may be required to provide your personal data. For more information regarding personal data and the Connected Services please review the Connect Services Agreement and the Connected Services Privacy Policy. 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 use of Connected Services provided by a Third Party Provider may be subject to a separate agreement between you and the Third Party Provider offering such services. Third Party Providers providing Connected Services are solely responsible for the delivery these Connected Services and VinFast does not accept any responsibility or liability with regard to availability, functionality, content, terms of use, data processing, quality or damages caused by such services or the Third Party Providers.
4. Use of VinFast App
4.1 VinFast grants you non-exclusive, non-transferable and non-sub-licensable right to use your VinFast App until the termination of the usage agreement based on these Terms.
4.2 The VinFast App is provided for your personal, non-commercial use only – you may not license, lease, sell, resell, have licensed, have leased, have sold or resold, or otherwise transfer or convey any of the same for any purpose. When using the VinFast App, you agree to comply with all applicable federal, provincial, territorial, and local laws including, without limitation, copyright law. Unless expressly permitted in these Terms, or as VinFast or an applicable Third Party Provider may expressly permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Services or Service Content for any purpose whatsoever without obtaining prior written consent from VinFast or the applicable Third Party Provider.
4.3 VinFast can further develop the VinFast App at any time and add, change or remove individual 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 of termination.
5. Services
The VinFast App is the application software that enables the User to use the Connected Services and the VinFast App serves as a user interface. The Connected Services offered to the user through the VinFast App but are subject to their own terms and conditions. VinFast recommends that the User reviews the Connected Services Terms to fully understand Connected Services features and legal obligations.
6. Cybersecurity, protection and other legal interests
6.1 The User is solely responsible for taking any and all reasonable measures available (including device password, graphic pattern recognition, etc.) to protect its devices 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 and any Users 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 threats affecting the VinFast App. The User is resopnsible for taking all appropriate measures to protect itself against unauthorized access and/or risk of cyber-attacks or other threats affecting the User’s use of the VinFast App, the Vehicle, traffic and road safety, life, health, freedom of each control information about him (privacy), property and other legal property of the Used, 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 legal assets threatened, VinFast reserves the right to apply necessary security measures including, without limitation (and as determined by VinFast) temporary accessibility restrictions and/or features or total blocking of Connected Services. To avoid any confusion, the right defined in this paragraph does not limit the legal obligations of compliance or liability of VinFast.
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 to the VinFast App or data connection features. Restoration of the (full) accessibility and functionality of the VinFast App or the data connection may require the User to install the update or an additional cooperation (e.g. change password for VinFast Account).
7. Intellectual Property
7.1 This License is granted to Users who have a legitimate need for the VinFast App in connection with the use of a VinFast vehicle., 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.
7.2 Subject to the express rights and licences granted by VinFast in these Terms:
- VinFast and its licensors reserve and retain their entire right, title, and interest in and to all intellectual property rights (including but patent, copyright, trademark, trade secret, database protection, or other intellectual property) arising out of or relating to the VinFast App and Connected Services
- No User acquires any ownership of intellectual property rights (including but patent, copyright, trademark, trade secret, database protection, or other intellectual property) in or to the VinFast App as a result of these Terms
7.3 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 other 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 and any attempt to do so is a violation of the rights of VinFast and its licensors. If you violate these Terms, you may be subject you may be liable for damages and subject to prosecution.
8. Term
8.1 Each Party is entitled to terminate these Terms without giving reasons. The User can do this at any time using the “delete account” function. Please note that when the account is deleted, all personal data, including the data stored on the Vehicle, will be deleted.
8.2 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, our 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 may terminate all of some of the VinFast App features without prior notice to you if it 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 App for illegal or improper purposes. VinFast may, in our sole discretion, reactivate some of all of the features of the VinFast App.
9. VinFast's Liability
9.1 If you are a Quebec consumer as the term is defined under the Consumer Protection Act (CQLR c P-40.1), THE LIMITATIONS OF LIABILITY and EXCLUSION OF WARRANTIES CONTAINED IN THIS SECTION DO NOT RELEASE VINFAST FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES, nor do they LIMIT YOUR RIGHTS AND REMEDIES UNDER SUCH ACT, INCLUDING THE RIGHT TO MAKE A CLAIM UNDER ANY OF THE STATUTORY WARRANTIES PROVIDED UNDER SECTIONS 34 TO 54 OF SUCH ACT.
9.2 THE VINFAST APP IS 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 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 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.
9.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT OTHERWISE SPECIFIED IN SECTION [11.1], VINFAST SHALL NOT BE HELD LIABLE IF THE VINFAST APP 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 FROM TIME TO TIME ON THE SERVICES.
9.4 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.
10. Links to external websites/applications
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 and 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 and that the contents of the external websites and applications can be downloaded safely and VinFast is not liable for any losses suffered in connection with any such external websites and/or applications including any damage arising from their products, services, content, privacy practices or any third parties named therein.
11. Change of the Terms
VinFast reserves the right to modify these Terms unilaterally and at any time without notice. Users will be informed of the changes by publishing the updated Terms on the VinFast App. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. The modification of the Terms will take effect from their publication. It is your responsibility to periodically check these Terms for changes. Use after such publication shall constitute acceptance of the new version of the Terms. Upon such a change, User may accept the updated terms to continue using the Connected Services, or cease using the Connected Services.
12. Privacy
VinFast as data controller, process your personal data to enable you to use the services developed by the VinFast App under the performance of the following Terms. Your personal data are processed in accordance with the Gereral 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.
13. Place of Jurisdiction, Applicable Law
13.1 If you are a Quebec consumer as the term is defined under the Consumer Protection Act (CQLR c P-40.1, THE IMMEDIATELY FOLLOWING GOVERNING LAW AND JURISDICTION PROVISION DO NOT APPLY.
13.2 These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
13.3 Any legal suit, action, litigation, or proceeding of any kind whatsoever in any way arising out of, from or relating to these Terms, including all statements of work, exhibits, schedules, attachments, and appendices attached to these Terms, the services provided hereunder, and all contemplated transactions, shall be instituted in the courts of the Province of Ontario, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, litigation or proceeding. Service of process, summons, notice, or other document by mail to such Party's address set forth herein shall be effective service of process for any suit, action, litigation or other proceeding brought in any such court. Each Party agrees that a final judgment in any such suit, action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. The Parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
14. General
14.1 No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
14.2 If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
