Terms of Use &
Privacy Policy

1.1. These terms of use and privacy (hereinafter the Terms of Use) regulate the conditions of use of the Services located on the website www.oplacrm.com and its subdomains (hereinafter the Services).

1.2. User can use the Services only after agreeing with the Terms of Use.

1.3. By accepting these Terms of Use, it forms a legally binding contract between the User and Operator. These Terms of Use are applied for regulating the relations between the User and Operator, except in cases where special terms have been concluded between the User and Operator. In such instances, the Terms of Use are applied for cases the special terms do not cover.

2.1.Content — data, texts, files, etc. added by the User.

2.2.Operator — OPLA CRM., JSC, registry code 0316915797, address Sarina A-00.11 B2 Hoang The Thien Street, An Khanh Ward, HCMC, Viet Nam.

2.3.Services — SaaS services based on the Website.

2.4.Special Terms — the agreement between Operator and User by which Terms of Use are specified, amended, or supplemented.

2.5.Terms of Use — standard terms of use for using Service and Website.

2.6.User — the natural or legal person who is a registered user of the Service.

2.7.Website — www.oplacrm.com and its subdomains with their content.

3.1. Operator may amend the Terms of Use unilaterally at any time by publishing the amendments on the Website. The operator will inform the registered users of the amendments via email or in-app notification before the amendments enter into force. If a User continues to use the Services after the amendments have entered into force, it is considered that he/she has accepted the respective amendments.

3.2. The user represents by creating a user account that all information provided is correct: it is a private person with full legal capacity (at least 18 years of age) or has all rights and authorizations for procuring the Services on behalf of the user.

3.3. The User is obliged to ensure that the Services are in accordance with its needs.

3.4. Services may only be used to the extent and purposes for which the Services are created. The user is obliged to use Services in accordance with the Terms of Use and the tutorials of the Services.

3.5. User is obliged to immediately notify Operator of abuse of its account, the loss of its password or its falling into possession of third parties. The Operator shall do anything reasonably expected in order to renew the password, limit access to the account, or delete the account.

4.1. User ensures that all Content added to the Website is in accordance with the Terms of Use and legal acts and that the User has all necessary permissions. User is prohibited from adding Content that contains viruses or anything that damages the regular functioning of the Website or Services.

4.2. User is aware of and agrees that the Content is stored in the Operator’s or its service provider’s server and the User gives to the Operator all necessary rights for that.

4.3. Operator takes all reasonable security measures in order to protect Content from unauthorized persons and malware and to ensure the preservation and confidentiality of the Content.

4.4. Operator will protect the confidentiality of the Content with at least reasonable care, will not use Content for any purpose outside the scope of this Terms of Use, and will not disclose Content to any third party except third party service providers.

5.1. User can communicate with client support through:

• E-mail
• Website chat

5.2. The Operator will strive to reply to all requests within a reasonable time, but will not guarantee that the requests are replied to within a certain time or that the requests receive answers satisfactory to the inquirer.

6.1. The Operator reserves the right to optimize and develop the Services further. In case of significant changes, the Operator will send Users a timely notification.

6.2. If using the Website or Services is disturbed due to a malfunction, the Operator will do anything reasonably possible to eliminate the disturbance as soon as possible, but no later than 4 hours after finding out the error.

6.3. The Operator maintains the right to temporarily restrict access to the Website and Services if it is needed for maintenance, development, or updates.

7.1. The prices of Services on the Website are provided in USD. All fees are exclusive of taxes, which the Operator will charge if applicable.

7.2. It is possible to pay for the Services with:

• Credit card
• PayPal
• Bank transfer

7.3. User can subscribe to the Services based on either a monthly or yearly prepayment subscription, which provides access to the Services for the duration of the subscription period covered by the prepayment.

7.4. The subscription is renewed automatically at the end of the subscription period unless the User has canceled the subscription before the end of the current subscription period.

7.5. User is aware that Operator may use third-party service providers to process payments and agrees to disclose their payment information to such third party.

7.6. Operator is not obliged to refund already made prepayments.

7.7. If the User violates the obligation of payment for at least 14 days, the Operator has the right to limit access to the Services.

7.8. Operator maintains the right to change the prices of Services. Prices change at the beginning of the next subscription period. The operator will inform the subscribing Users of the changes a reasonable time ahead.

8.1. User has the right to use Services in accordance with the Terms of Use for the purposes for which the Service is intended. User does not have and will not obtain any intellectual property rights to the Service or the Website.

8.2. The Website, Services, and its content shall remain the property of the Operator or its co-operation partners and protected by copyright law and international copyright agreements as well as other legislation on intellectual property rights.

8.3. All intellectual property rights to the Website, Services, and content (such as copyright, trademarks, domain names, patents, database rights, and trade secrets) shall remain the property of the Operator or its cooperation partners. The Operator does not grant the User any direct or indirect rights to any intellectual property rights.

8.4. The User may not change, copy, process, make extracts of, transmit, add to other databases or make available to the public the Services or the Website or its parts without the prior written consent from the Operator.

8.5. The works published on the Website and protected with copyright may be used by the User publicly without the consent of the Operator only by referring to the Operator as the source of the works.

8.6. Website may contain references or links to third-party websites. The Operator is not liable for the contents, correctness, reliability, or data security of the linked sites.

9.1. Operator shall process the following personal data of the User (hereinafter the Personal Data):

• Name
• E-mail
• Credit card information
• Phone number
• Company information
• Image
• Contact List

9.2. Operator processes Personal Data in order to register User for the Services, contact User, verify User’s right to access Website and Services, improve Website and Services, and provide User with information about the Services.

9.3. The User may inspect its Personal Data at any time and make corrections or request their deletion unless the law provides otherwise.

9.4. The Operator processes the User’s Personal Data in accordance with the requirements of the Personal Data Protection Act.

9.5. Controller of the Personal Data is OPLA CRM., JSC, registry code 0316915797, address Van Phuc City, 14 Bis Street No.36, Hiep Binh Phuoc Ward, Thu Duc, HCMC, Vietnam.

9.6. Operator collects and records personal data in electronic format and makes extracts also in other formats if necessary.

9.7. Operator shall not forward, sell, or disclose the data of the User to third parties without the prior written consent from the User, except in instances provided in the Terms of Use.

9.8. The operator is entitled to forward the personal data to Operator group companies and cooperation partners.

9.9. The Operator is not obliged to preserve the Personal Data of the Users.

9.10. The User is entitled, at any time, to withdraw his/her consent for the processing of Personal Data, to request termination of processing and deletion of the collected Personal Data, and to closing of the User account. Withdrawal of consent shall not have retroactive effect.

9.11. Operator shall promptly notify User of any accidental or unauthorized disclosure, loss, damage, or destruction of Personal Data and shall cooperate fully with User to limit unauthorized disclosure and seek return of any Personal Data.

10.1. Cookies are small text files that can be conveyed to the User’s device via the Website to collect information on the User’s use of the Website and Services, including from what page the User entered, the browser being used, or the sections of the Website browsed.

10.2. Cookies enable the processing of information related to Websites and Services. The information obtained enables the functioning of the Website and Services to be analyzed and improved to provide the User with a better and more individualized experience.

10.3. The User may prevent the use of cookies by changing the User’s browser settings. The removal of cookies or blocking their use may have a detrimental effect on the use of the Website and Services.

10.4. While using the Website and Services the Operator may use various technologies which collect information regarding access and use, including IP address, connection devices, operation system, and other similar information.

10.5. User consents that Operator has the right to generate anonymized data de-identified in a way impossible to tie to a specific User. The operator shall use the anonymized data for the development and improvement of the Website and the Services.

11.1. Operator is not obligated to check the Contents uploaded by Users onto the Website, nor User activities on the Website. At the same time, the Operator is obligated under the Information Society Services Act to inform competent supervisory agencies of possible illegal activity.

11.2. If a User breaches the obligations in these Terms of Use, the Operator shall have the right to: eliminate the violation or unlawful Contents; temporarily restrict the User’s access to the Services or Website; restrict the rights of use of the User.

11.3. If the violation by the User is repeated or material, the Operator has the right to permanently forbid the User from using the Services, including deleting the User’s account and terminating the contract without notice.

11.4. The Operator may restore Contents that were removed from the Website if presented with convincing evidence of compliance with the Terms of Use, good practice, or legal acts.

12.1. User is entitled to unilaterally terminate the contract without cause at any moment:

• By informing by e-mail
• By deleting the account

12.2. Operator is entitled to terminate the contract with the User without cause by informing the User by e-mail or via the Website or Service 30 days before the termination of the contract.

12.3. Operator is entitled to terminate the contract immediately without prior notice if:

• User has submitted false information about it;
• User has not used Services continuously for at least a year or specific timelines depending on the campaign;
• User is in any other way in violation of the Terms of Use.

13.1. Operator and its agents make no representations or warranties about the suitability, reliability, availability, timeliness, security, or accuracy of the Services. All Services and content are provided “as is” without warranty or condition of any kind. Operator disclaims all warranties and conditions, whether expressed, implied, or statutory.

13.2. To the extent permitted by law, in no event shall either party be liable for any indirect, incidental, punitive, or consequential damages, or loss of profits, revenue, data, or business opportunity. The aggregate liability of the party will be limited to the total amounts User has actually paid for the Services in the twelve (12) month period preceding the event giving rise to a claim.

13.3. Operator shall not be liable for the management of the User’s account, including any offenses committed using the Website or Services.

13.4. While the Operator takes all reasonable steps to ensure fast and reliable service, it does not guarantee that the use of this Website and Services will be interruption or error-free.

13.5. The Operator may assign or transfer any of its rights or subcontract any of its obligations under these Terms of Use to any third party. The User may not assign or transfer any rights without specific written permission from the Operator.

13.6.Force Majeure — neither party will be responsible for failure or delay of performance if caused by an act of war, hostility, sabotage, natural disaster, electrical, internet, or telecommunication outage not caused by the obligated party.

14.1. The present Terms of Use are governed by the laws of Vietnam.

14.2. Any complaints must first be registered with the Operator’s client support. The User should first contact the Operator to obtain an amicable solution.

14.3. Any disputes shall be settled under the laws of Vietnam by the courts of Vietnam, which have sole jurisdiction unless there is a mandatory statutory provision to the contrary.

14.4. Whilst the Operator is happy to consider requests for Products from other countries, the Operator gives no warranty, express or implied, that the use of the Website and Services from other countries complies with any applicable laws or regulations of such other country.