Term of Service

 

Welcome to enKomm!

The team at NTQ Solution.,JSC. (“NTQ Solution”, “ENKOMM”, “we”, “us”, and/or “our”) has developed these terms of service (“Terms of Service”) so that you could easily understand your rights and responsibilities when using ENKOMM and its Service (“Service”). If you purchase or use the Service, you agree to these Terms of Service and Privacy Policy.


The definition and interpretation of the terms used herein are as follows.

“Service” refers to ENKOMM and ENKOMM related service that can be used on any device, including computers, mobile devices, and other portable devices.

“Account” refers to a log-in account created based on an email address and password, which are required to use the Service.

“Posting” refers to any message, photo, video, file, or link composed of signs, characters, sounds, pictures, and movies that are posted on the Service.

“Data” refers to any Posting, personal information, or other content or information provided on the Service.

“Outgoing Webhook” refers to the feature that allows you to send ENKOMM chat messages to external URL(s) in real-time.

Any terms not defined in the Terms of Service shall be listed in the Privacy Policy.


The Terms of Service is posted for your easy reference, and we will notify you in advance of any changes.

We will post the Terms of Service within the Service or on the ENKOMM website so that you can easily access to it. We may amend the Terms of Service within the scope of applicable laws. If we do so, we shall provide you with reasonable prior notice of the date of implementation and the reason for the amendment. Notwithstanding the aforementioned notification, if you do not agree with the amended Terms of Service, you may cease using the Service and terminate the Terms of Service. If you continue to use the Service after the date of implementation, you will be deemed to have agreed to the amended Terms of Service.


You may sign up for a ENKOMM Account.

If you want to use the Service, you must first sign up for an Account. By signing up for an Account, you agree to be bound by the Terms of Service, provide your email address, and register your password.

We may not approve your sign-up request if (i) we have blocked your Account in the past, (ii) you have attempted to create an Account using a third party’s name, email address, or other personal information, (iii) you fail to provide the required information or provide false information during the sign-up process, or (iv) if we are compelled by other legal or proper reasons. If you are under the age of 14, your legal guardian’s consent must be obtained in order to sign up for an Account. If it is found that you have created your Account in breach of the foregoing terms and conditions, we may suspend your use of the Service or delete your Account immediately with no prior notice.

Your Account is personal to you and non-transferable, and you may not permit any third party to use your Account. You are responsible for protecting the password that you created to access the Service to prevent any improper use of your Account without your consent. If you become aware that your Account is being used by a third party without your consent, please contact our customer support team and we will provide you with the guidance to protect your Account.


You may use ENKOMM as intended.

We grant you a personal and non-exclusive license that cannot be sublicensed to use the Service in accordance with the Terms of Service and our policies. We reserve the right to modify or discontinue the Service, any Service plan, any feature, or functionality thereof at any time without notice to you. In addition, we may charge you based on the Service plan you we sign up for. We also may segment the Service into parts, and provide part or all of the Service differently to each user depending on Service plans, user status, registered information, or other conditions set forth by us. All rights, title, and interest in and to the Service and its components (including without limitation all intellectual property rights) will remain with and belong exclusively to us.

You may access and use the Service only for lawful, authorized purposes, and you shall not misuse or abuse the Service in any manner (as determined by us in its sole discretion). For example, you may not interfere with the provision of the Service or access the Service using a method other than the ones provided and approved by us. Furthermore, you may not collect, use, or provide to others the information of other Service users, post or transfer any Data that is offensive or pornographic, infringe on any third party’s rights and interests (including without limitation copyright), or otherwise violate third party’s rights and interests, public order, laws, or good morals. You may not copy, modify, distribute, sell, transfer, lease, provide as security, or permit others to use any part of the Service or software included in the Service without our prior consent. In addition, you may not reverse engineer, attempt to extract the software source code included in the Service, or copy, disassemble, reproduce, or otherwise modify the Service.

If you use Outgoing Webhook to send your chat messages to external URL(s), you accept full responsibilities for your Data transferred outside of the Service and exposure of its contents. You may use Outgoing Webhook to the extent permitted by law. However, your messages sent externally may not be likely to confuse users as being a NTQ Solution or Service message. You may not use NTQ Solution or the Service’s logo, name, any content created by NTQ Solution or the Service, or contact information (including phone numbers and email addresses).

If you fail to comply with the applicable laws, the Terms of Service, and/or other policies of NTQ Solution, we may conduct an investigation into the matter and/or suspend your use of the Service either temporarily or permanently with no prior notice.


NTQ Solution may use your Data to provide the Service.

In order for us to provide the Service to you, we require that you grant us certain rights with respect to your Data. For example, we need to be able to transfer, store, and copy your Postings in order to display it to you and your team members, to index it so you can search it, and so on. Similarly, we will display your personal information on the Service (e.g. profile page) accordingly with the preferences you set in your Account. If you provide any Data on the Service, you will be deemed to have granted to us and its service providers a worldwide and permanent license to freely use, store, copy, modify, transfer, disclose, demonstrate, or display in public, distribute, create any derivative works from, or permit other users to use such Data, subject to the terms and conditions provided in the Privacy Policy. This license will remain active permanently even after you cease to use the Service or deactivate your Account. The rights granted to us and its service providers under such license will be used only for the purposes of the operation, improvement, and promotion of the Service and the development of new Service.

You shall have or have acquired all legal rights necessary for you to be able to grant a license to us to use the Data you provide on the Service. If we determine that the Data you have provided violates applicable laws or our policies, we may delete or refuse to post such Data; provided, however, that, we are not obliged to review all of your or other users’ Data. If you believe that your right has been infringed, you may contact our customer support team.

The Service may include Data that is not owned by us. In such case, the user who has provided such Data will solely be liable for such Data. Your use of the Service does not grant you any right to the Data provided by other users. To use other users’ Data made available through the Service, you must separately obtain the permission from the owner thereof.


We may collect and use information to provide better Service to you.

We collect, use, and analyze Data and other information relating to the use and performance of the Service and related technologies and may use it in our business or disclose it in non- identifiable forms in connection with our business. That means, for example, that we can obtain and calculate the number of people connected to the Service on a given day, the number of messages sent during a period of time, or any other measures or analyses, and share such outcome. You can find more information about how we collect and use your Information in our Privacy Policy.


You are responsible for any payment owed (under paid plans).

If you sign up for paid plans of the Service, you will be billed in advance for the amount set accordingly with the plans you have chosen. If any fees owed to us are thirty (30) days or more overdue, we may downgrade the Service to free plan until those amounts are paid in full. Any fee owed cannot be cancelled or waived. You will also be responsible for all taxes associated with your purchase of the Service except for taxes based on our net income.


You can cancel your Account at any time.

If you do not want to use the Service anymore, you may, at any time, deactivate your Account and terminate the Terms of Service. However, if there is a contract term specified on a separate agreement or an order form, we will continue to provide you with the Service even if you deactivate your Account. Your contract will be automatically renewed unless you provide a written prior notice to us. In addition, any Postings that you have not deleted will remain in the Service.


We aim to provide a reliable service.

We are striving to make the Service 24 hours a day, 365 days a year available without any interruption excluding scheduled downtime. Neither you nor we will be responsible for any issue or delay due to the unavoidable causes such as shortages, natural disasters, war, terrorism, a failure by a third party or internet service provider, and governmental action. In such cases, we will use our best efforts to notify you in advance.

NOTWITHSTANDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NTQ Solution EXPRESSLY DISCLAIMS ANY AND ALL PROMISES OR WARRANTIES OF ANY KIND REGARDING MATTERS NOT SET FORTH IN THE TERMS OF SERVICE. FOR EXAMPLE, NTQ Solution DISCLAIMS ALL PROMISES OR WARRANTIES RELATING TO THE PARTICULAR FUNCTION OR AVAILABILITY OF CONTENT OR SERVICE INCLUDED IN THE SERVICE, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NTQ Solution SHALL NOT BE HELD LIABLE FOR ANY (I) PERSONAL INJURY RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, (II) DAMAGE RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR THE NTQ Solution SERVERS BY A THIRD PARTY, (III) DAMAGE RESULTING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE CAUSED BY A THIRD PARTY, (IV) DAMAGE RESULTING FROM TRANSMISSION OF BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE BY ANY THIRD PARTY, (V) DAMAGE RESULTING FROM THE OMISSION OR DESTRUCTION OF DATA, OR (VI) DAMAGE INCURRED BY YOU DURING THE COURSE OF THE USE OF THE SERVICE BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, DEFAMATORY INJURY. MOREOVER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NTQ Solution AND NTQ Solution’S AFFILIATES’ OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS AND ADVISORS (TOGETHER, “NTQ Solution PARTIES”) SHALL NOT IN ANY WAY BE HELD LIABLE FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, OR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN RELATION TO THE USE OF THE SERVICE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSTS OR DAMAGES. YOU EXPRESSLY AGREE THAT NTQ Solution PARTIES’ TOTAL AGGREGATE LIABILITY FOR ANY LOSTS AND DAMAGES HEREUNDER SHALL NOT EXCEED THE TOTAL FEE AMOUNT NTQ Solution ACTUALLY RECEIVED FROM YOU.


Contact Information

Your comments and suggestions are always welcome! You may, at any time, visit the ENKOMM website and leave your feedback on the Service, or contact our customer support team enkomm.service@ntq-solution.com.vn. NTQ Solution will send you various news, announcements, and other information via email or electronic message through the Service. Announcements applicable to all users of the Service will become effective after being posted for at least 7 days.

The Terms of Service apply to the relationship between you and NTQ Solution only, and no third party will be entitled to any benefits under the Terms of Service.

If you fail to comply with the Terms of Service, and NTQ Solution does not take any action right away, it does not mean that NTQ Solution waives its rights. If any section of the Terms of Service becomes unenforceable due to certain applicable laws, such unenforceable sections will be no longer effective.


Governing Law and Jurisdiction

The Service, Terms of Service, and any actions related thereto will be governed by the laws of Japan, without regard to its conflicts of law provisions. The exclusive jurisdiction and venue of any dispute with respect to the subject matter of the Terms of Service will be at the Kanakawa District Court, and each party hereto waive any objection to jurisdiction and venue in such courts.

Notwithstanding the foregoing, by choosing to access and use the Service from any location other than Japan, you accept full responsibility for compliance with all local laws.

Date of Announcement: March 01, 2021
Date of Implementation: March 19, 2021