1. Unit Information

KINGCONTENT is an effective business platform (software as a service) developed and operated by KINGCONTENT Digital Transformation Company Ltd. In addition to providing online technology tools, we do not engage directly in the business usage process.

1. a) Name and address of the trader, organization, or the name and address of the individual’s permanent residence:

Name: KINGCONTENT CO., LTD.

Office: Hai Chau, Da Nang, Viet Nam

1. b) Phone number, email address, or another online contact method:

Phone number: 0704.499.995

Support: kingcontent.pro@gmail.com

2. Definitions

Kingcontent: It is a platform (software service) that supports effective business operations, commercially available at https://kingcontent.pro/. Kingcontent platform includes many superior features to help customers operate and run their businesses efficiently:

Social Hub: A set of tools that help businesses develop their brand on popular social media platforms.

Customer: Entities or individuals who need to use the KINGCONTENT business management platform or any features developed by KINGCONTENT.

User Account:

• Trial Status: After signing the contract, the KINGCONTENT user link in the system will be in the Trial status and will not incur any fees.
• Active Status: After the trial period ends according to the terms published on the website, the KINGCONTENT user link will switch to the Active status. In this state, the system begins to record user numbers for billing purposes.
• Paused Status: In case the KINGCONTENT user cannot use the software for any reason, they can request KINGCONTENT (in writing or via email specified in this contract) to switch the system to the Paused status. During this status, KINGCONTENT will not charge a maintenance fee for 3 months. From the 4th month onwards, KINGCONTENT will charge a minimum maintenance fee of 500,000 VND per month.

3. Customer’s KINGCONTENT Account

KINGCONTENT is responsible for providing the user with the right to use the KINGCONTENT business management software on a subscription basis. Data is stored in data centers controlled according to international security standards ISO 27001.

During registration, the customer will create an account and password:

• The customer is responsible for securing their account and password and is fully responsible for all activities related to their account.
• For each account, the customer can invite company employees to join. The number of employees depends on the subscription fee.
• The customer must notify KINGCONTENT immediately if anyone uses their account or password without permission, or if there are any security issues, and ensure that they log out after each session. KINGCONTENT is not responsible for any loss, damage, or other liability if the customer does not comply with this policy or if unauthorized access occurs.
• In case of a dispute between two or more parties regarding account ownership, the customer agrees that KINGCONTENT will be the sole arbitrator of the dispute, and KINGCONTENT’s decision (which may include termination or suspension of the disputed account) is final and binding on all parties.

4. Information Security

All information provided by the KINGCONTENT user or entered into the KINGCONTENT business management software is the exclusive property of the KINGCONTENT user and is considered Confidential Information under this contract. KINGCONTENT is committed to keeping this information confidential and not using, distributing, or disclosing any Confidential Information to any person, company, or business, unless agreed by the KINGCONTENT user or required by law, in which case KINGCONTENT must consult with the user before providing it.

For any security breach caused by KINGCONTENT’s fault, KINGCONTENT will be obligated to pay the KINGCONTENT user a penalty equal to 100% of the total contract value (from the time of signing to the violation date) and refund any remaining balance in the user’s account. KINGCONTENT will also be liable for compensating any damages as per legal and commercial values affected by the breach, and this responsibility is not limited until KINGCONTENT rectifies the situation.

If KINGCONTENT staff discloses Confidential Information, the KINGCONTENT user has the right to file a civil lawsuit or request intervention from the relevant authorities if the breach involves criminal elements.

After both parties agree to terminate the agreement, or if no further agreement is reached for continued business cooperation, the confidentiality agreements and KINGCONTENT’s obligation to protect the information remain in force until KINGCONTENT ensures all data has been handed over to the KINGCONTENT user, and KINGCONTENT does not retain or store any data previously entered by the KINGCONTENT user on the platform.

5. Customer Data and the Responsibilities of the Parties

Customer data includes any information that the customer sends, uploads, or transmits through any means to display on the customer’s KINGCONTENT account. This includes messages, notifications, files, images, videos, comments, links, and any content related to business.

The customer has the right to use and control the access to data uploaded to their KINGCONTENT account. The customer is fully responsible for all data sent to or from KINGCONTENT by their account or associated users.

The customer has full control over which data is uploaded to the KINGCONTENT account. However, the following content is NOT ALLOWED to be uploaded on KINGCONTENT:

• Harmful to people or property.
• Related to fraud, defamation, harassment, or obscene materials.
• Violates privacy rights or discriminates based on race, religion, gender, or disability.
• Violates intellectual property or other ownership rights.
• Interferes with or damages KINGCONTENT (including but not limited to unauthorized access to KINGCONTENT through any device or software).

KINGCONTENT reserves the right to disable access to any customer data if it is found to violate these terms, if a complaint is received from a user account, or if intellectual property violations or legal violations are reported by authorities.

6. Third-party Platforms Collect User Data

KINGCONTENT uses third-party platforms such as Facebook, Google, TikTok, and Instagram to assist in collecting and analyzing user behavior. These platforms collect information on how users access KINGCONTENT (through which browser, device, location) and user behavior on KINGCONTENT, based on each platform’s privacy policy. KINGCONTENT uses this data to understand and analyze customer behavior and needs to improve products, services, and develop new features.

These platforms are widely used globally and comply with standards for personal data security. KINGCONTENT does not control how third-party platforms store or use collected data according to their policies. Customers are encouraged to read the privacy policies of these third-party platforms. Using KINGCONTENT’s system also means complying with their terms of service.

7. New Feature Updates

KINGCONTENT has 3 cases:

7.1. New Feature Updates

New features refer to entirely new features or old features with significant changes that may alter the user experience or scope of application.

User status: Minimal downtime or no impact during the upgrade. Users may be asked to log in again depending on the upgrade.

KINGCONTENT will notify users 3-7 working days before the upgrade.

7.2. Bug Fix and Small Feature Updates

Bug fixes or minor changes to the interface or functionality without affecting the logic of usage.

User status: Minimal downtime or users can continue during the upgrade.

KINGCONTENT will notify users through the support team if it is a specific bug fix. For major changes, users will be notified about the update content.

7.3. Server Update

Moving or updating users to another server or hardware upgrades that require server downtime for maintenance or emergencies.

User status: Paused, depending on the notified duration. Average downtime is between 20 minutes and 1 hour.

KINGCONTENT will notify users 24 hours before or as soon as possible when a server update is scheduled.

8. Data Loss

KINGCONTENT chịu trách nhiệm về các thiệt hại do thất thoát dữ liệu của người dùng KINGCONTENT nếu lỗi do nhân viên của KINGCONTENT hoặc lỗi do chất lượng phần mềm gây ra hoặc có lỗi gây ra sự đình trệ, gián đoạn khi sử dụng dữ liệu.

Kingcontent chịu trách nhiệm đảm bảo điều kiện kỹ thuật để Người dùng KINGCONTENT có thể sử dụng được phần mềm 24h/ngày và 07 ngày/tuần ngoại trừ thời gian bảo trì, nâng cấp, khắc phục sự cố cho hệ thống. Thời gian ngưng hệ thống để bảo trì hoặc nâng cấp hoặc sao lưu sẽ được KINGCONTENT báo trước lịch thực hiện cho Người dùng KINGCONTENT theo hình thức thông báo trực tiếp trên phần mềm. Lịch bảo trì, nâng cấp hoặc sao lưu sẽ thực hiện theo định kỳ hàng ngày, hàng tuần, hàng tháng hoặc hàng năm và ưu tiên vào buổi đêm khi hệ thống ít sử dụng nhất.

9. Payment and Reconciliation

KINGCONTENT users need to make payments according to the payment cycle defined in the sales policy.

All subscription fees paid by KINGCONTENT users, including any promotional amounts if applicable, will be added to the user’s account balance. On the last day of the month, the system will automatically reconcile the actual number of users based on the account type, and calculate the actual amount used by the customer that month. After reconciliation, the system will automatically deduct the amount from the user’s account balance and send an email notification to the customer. KINGCONTENT users can view the entire payment and reconciliation history in the admin page.

10. Termination of Contract

The contract will terminate in the following cases:

• Both parties mutually agree to terminate the contract.
• KINGCONTENT has the right to unilaterally terminate the contract due to the user’s failure to fulfill payment obligations according to Article 8 (above).
• The KINGCONTENT user has the right to unilaterally terminate the contract if the KINGCONTENT platform does not ensure security, or if data is unlawfully accessed by third parties.
• KINGCONTENT unilaterally terminates the contract at the request of a competent state authority.

11. Warranty Terms and Limitation of Liability

KINGCONTENT does not guarantee, represent, or warrant that the use of the KINGCONTENT platform by the customer will be uninterrupted or error-free, or that the KINGCONTENT platform will meet the customer’s requirements, or that any errors in the software and/or documentation will be corrected, or that the overall system will ensure the platform’s operation (including but not limited to: Internet networks, other transmission networks, internal networks, and customer devices). KINGCONTENT does not provide any guarantees, whether explicit or implied, regarding conditions such as quality satisfaction, suitability for specific use cases, or non-infringement of third-party rights.

The customer will bear full responsibility for determining whether the KINGCONTENT platform or the information generated from the KINGCONTENT platform is accurate and meets their specific needs.

Limitation of Liability

In no event will KINGCONTENT be liable for any direct, indirect, incidental, or punitive damages, including but not limited to damages for loss of revenue, loss of profits, or loss of business advantage:

• Use of or inability to use the KINGCONTENT platform
• Any changes made to the KINGCONTENT platform
• Deletion, corruption, or failure to store data on or through the KINGCONTENT platform
• Any statements or actions by any third parties concerning the KINGCONTENT platform
• Any other issues related to the KINGCONTENT platform.

12. Force Majeure

In the case of force majeure, neither party is obligated to fulfill their responsibilities under this contract. Both parties agree to consider the following cases as force majeure:

• Natural disasters, epidemics causing disruption, destruction, blockage, or stoppage of connections to KINGCONTENT’s data center.
• Wide-scale power outages; Telecommunications cable failures causing blockage or disruption of telecommunication or internet connections to KINGCONTENT’s data center.
• Other force majeure events as defined by law.

13. Dispute Resolution

All disputes or disagreements arising between the two parties will be resolved with a spirit of cooperation to find a solution.

In case the two parties cannot resolve the dispute on their own, the dispute will be brought to the People’s Court of Da Nang City for resolution. The judgment of the People’s Court of Da Nang City is final, and KINGCONTENT is required to comply.