“FIDEC TECHNOLOGY & SERVICE JOINT STOCK COMPANY.” or “we” or “us” refers to the FIDEC TECHNOLOGY & SERVICE JOINT STOCK COMPANY, Id. No. 0110111520, with its registered office at No. 35A, Alley 24, Dang Tien Dong Street, Trung Liet Ward, Dong Da District, Hanoi city, Vietnam.

“User” or “you” refers to anyone using our Fidec Smart Card.

“Fidec App” refers to our software interface of both Mobile and Desktop, through which you can set up and access your Fidec Smart Card and manage, receive, and send your cryptocurrencies, exchange your cryptocurrencies, etc. In some specific cases, we will specify Fidec Mobile App for mobile software interface and Fidec Desktop App for desktop software interface.

“wallet” refers to a cryptocurrency wallet created within your Fidec Smart Card upon the initialization thereof. We use an account structure to organize transactions within your wallet.

“Fidec Smart Card” refers to any Fidec cryptocurrency hardware wallet based on smart card technology.

“Website” refers to the official Fidec website https://fidec.io/ and any subdomains

“Fidec User Manual” refers to a user manual explaining how to use the Fidec Smart Card and Fidec App.

“Fidec Product Terms of Use” or “Terms” refers to these Fidec Product terms of use that govern your use of Fidec Smart Card.

Any capitalized terms used herein shall have the meaning given to them either in the “Definitions” section or below in the following sections of these Terms, unless explicitly stated otherwise.

The section headings in these Terms are for your convenience only, and shall not govern the meaning or interpretation of any terms and clauses herein.

We issue these Terms to set out certain basic rules you should follow when using your Fidec Smart Card

Besides these Terms you should always follow the detailed Fidec User Manual available on our Website. Please be aware that in the package with your Fidec Smart Card we may include only an abbreviated version of the Fidec User Manual to navigate you to our Website and to help you with the initial steps of your Fidec Smart Card initialization.

These Terms and the Fidec User Manual constitute the main source of information and rules you should follow when using the Fidec Smart Card. In case of any discrepancies between these Terms and the Fidec User Manual, these Terms shall always prevail.

If you do not agree with or understand any rules set out herein or in the Fidec User Manual and/or if you do not have a legal capacity to use Fidec Smart Card (and by extension to manage cryptocurrency funds) you should not use Fidec Smart Card.

If you choose to use your Fidec Smart Card in a manner that is not compliant with the above-mentioned rules, you shall be solely responsible for any damage or harm incurred as a consequence thereof.

These Terms as well as the Fidec User Manual are subject to change and/or amendments. We therefore strongly recommend downloading their current version and keeping it for future reference.

Fidec Smart Cards are primarily intended to be used with our applets, software, and services developed by our company. Therefore, you shall initialize Fidec Smart Cards following the procedures in the Fidec User Manual. To manage your cryptocurrency units and or manage Fidec Smart Card you have to use our Fidec App.

Before using your Fidec Smart Card with the Fidec App, you should make yourself familiar with the Fidec App Terms of Use that are available in the “Legal” section of our Website.

Fidec Smart Card is intended to be used “as is” at the time of purchase. We understand some users may want to dismantle, modify, rebuild, re-manufacture or otherwise manually tamper with Fidec Smart Card, but we do not and may not encourage and endorse such behavior. Therefore, if you choose to do so, you acknowledge that it is not allowed by us and you are solely responsible for any damage and harm incurred afterwards in relation to the use of Fidec Smart Card.

When using Fidec Smart Card, you should always follow the Fidec User Manual. Besides other rules and recommendations set out in the Fidec User Manual, adhere to the following rules:
- Keep Fidec Smart Card and smart card reader (if any) dry. If Fidec Smart Card gets wet for any reason, never attempt to dry it with any external heat source such as a hair dryer or an oven.
- Do not expose Fidec Smart Card to any source of extreme heat and/or extreme cold.
- Keep the Fidec Smart Card intact “as is” in order to protect the chip and its wire coiled card antenna.
- To clean Fidec Smart Card use a dry cloth only. Do not use any water, chemical detergent, alcohol, powder or any other substances to clean the Fidec Smart Card and smart card reader (if any). Unplug the Fidec Smart Card from a smart card reader before attempting to clean it.
- If the Fidec Smart Card is broken, stop using it immediately. You should always contact our support staff or a certified retailer of Fidec Smart Card from which you have purchased the product. Do not attempt to take apart, open, service or otherwise repair Fidec Smart Card alone
- Do not attempt to permanently connect the Fidec Smart Card with other hardware or a smart card reader (if any).
- Keep Fidec Smart Card away from children as it might be damaged or lost by them.
- You can use smart card reader that available in the market or one provided by us so that Fidec Smart Card can interact with Fidec Desktop App.
- Your phone must support NFC so that Fidec Smart Card can interact with Fidec Mobile App.

It is important to follow the above-mentioned rules as well as any other rules set out herein and/or in the Fidec User Manual. In the event of any violation, we cannot assume any liability for damage and harm incurred by you thereafter; in particular, when the damage or harm is incurred by you as a consequence of such violation.

If you violate any rules of Fidec Smart Card use, you may lose your warranty, or your warranty may be limited. Full version of the warranty terms and conditions is available to you in the “Legal” section of our website (fidec.io). We recommend you read the warranty terms and conditions carefully before you start using your Fidec Smart Card.

Fidec Smart Card is not compatible with any third-party app that is developed to interact with smart card in general.

You might try to interact or adjust or reset applets in Fidec Smart Card by third-party software or services. Nevertheless, nothing contained herein or in the User Manual shall constitute any solicitation recommendation or endorsement to encourage you using Fidec Smart Card in such manner. If you try to do so, you might not be able to interact with Fidec App and we do not and may not assume a liability for any damage or harm that you incur when using Fidec Smart Card therewith.

If you, at your sole responsibility and risk, decide to use Fidec Smart Card therewith, you acknowledge that using the third-party software or services may be subject to terms and conditions issued by such third-party and you undertake to make yourself familiar with them before attempting to use Fidec Smart Card in this manner.

Furthermore, you acknowledge that third-party services may be interrupted or terminated at any time and we do not guarantee availability of any third-party content or service and may not be liable for any lack thereof. We are furthermore not responsible for legality, quality or any other aspect of the services provided by the third party. Finally, you are solely liable for any damage or harm incurred as a consequence of any incompatibility between Fidec Smart Card and the third-party service.

This section of the Terms applies also in the event you decide to create and use your own custom-built applet, software or service.

Fidec Smart Card applet is pre-installed before reaching user. During the initialization procedure, only cryptographic key pairs are generated and PIN is set up by user for the first time. For the guidelines on Fidec Smart Card initialization procedure, please, refer to Fidec User Manual located on the Website.

Before you perform any Fidec Smart Card’s applet reset or adjustment by using third-party software after the initialization procedure, you should have your recovery seed on you. Nevertheless, we do not and may not assume a liability for any damage or harm that you incur when using Fidec Smart Card therewith.

Any unsuccessful applet reset or adjustment by using third-party software will wipe Fidec Smart Card. Please be aware that when Fidec Smart Card is wiped, it cannot be recovered using only recovery seed.

Your recovery seed serves as a base for derivation of your public and private keys.

Your private key is the most important asset protected by Fidec Smart Card, since it is used as your only unique identifier when accessing and using the service compatible with your Fidec Smart Card, i.e the cryptocurrency wallet accessible via Fidec App.

Without your private key (or with a new private key) you will not be able to access any cryptocurrency wallets and other data tied to the original private key.

In the event that you lose or damage your Fidec Smart Card storing your private key, you may use your recovery seed to generate the identical pair of public and private keys at a new Fidec Smart Card that can then be used to access any relevant services and any information tied to the original private key therein.

Your recovery seed is generated at random by Fidec Smart Card (its integrated hardware calculator). Your seed may contain between 12 to 24 words depending on the model of Fidec Smart Card and on your own personal settings. For the detail on the recovery seed generation, please, refer to the respective sections of the Fidec User Manual.

If you forget your recovery seed and your Fidec Smart Card is lost or permanently damaged, you may not be able to recover the pair of public and private keys stored on your Fidec Smart Card and you may not be able to access your unique information within compatible services (e.g. your cryptocurrency wallets and funds may be lost).

When you purchase your Fidec Smart Card, in the package you may find a recovery seed card to write down your generated recovery seed. We strongly recommend writing your recovery seed down in this card or any other materials that are suitable for you.

The recovery seed card contains 12 or 24 words depending on the model of Fidec Smart Card. If you choose any other than the pre-selected number of words to create your recovery seed, please, write down the appropriate number of words regardless of the number of spaces on the provided recovery seed card.

You must always keep your recovery seed safe, otherwise anybody who possesses it, may recover the pair of your private and public keys stored on your Fidec Smart Card. You should not show your recovery seed to anyone. You should never enter your recovery seed anywhere unless Fidec Smart Card instructs you to do so and you confirm your choice on your Fidec Smart Card. Be aware that a digital copy of your recovery seed stored online or at a drive accessible by multiple people may be easily stolen, so it is recommended not to upload the recovery seed online or to any shared drives.

You acknowledge that a entropy and any private keys are generated locally on your Fidec Smart Card and are never transmitted to anywhere else outside Fidec Smart Card. Entropy is then transmitted to Fidec App, following SCP03 encryption standard, to generate recovery seed during initialization process for one time only so that you can write down recovery seed and keep it in safe place.

If you, for any reason, feel that your recovery seed may have been compromised, you should get another Fidec Smart Card, activate it and then transfer your crypto currency from the account that you think your recovery seed may have been compromised to the new one.

Some third-party services allow you to recover the pair of public and private keys as well. You acknowledge that we guarantee the possibility of recovery only when you use Fidec Smart Card and the recovery seed to generate the pair of keys to be recovered. We, however, do not and may not assume any liability for your failure to recover the pair of private and public keys using third-party services.

You may attempt to use your recovery seed created by a third-party service provider to recover your pair of public and private keys to Fidec Smart Card. You acknowledge that Fidec Smart Card may not be compatible with some of the third-party created recovery seeds. Without prejudice to the above mentioned we do not and may not assume any liability for the recovery based on the recovery seed generated by any third-party even if such third-party service is designated as compatible in the Fidec User Manual.

Please be aware that only the pair of public and private keys may be recovered. Other information that are not derived from the recovery seed, such as PIN, account name etc. may not be recovered when your Fidec Smart Card is stolen, permanently damaged or wiped.

You may at any time after your Fidec Smart Card initialization set up a PIN to protect your Fidec Smart Card. Please, be aware that if anyone takes possession of your Fidec Smart Card, they may freely use any compatible services under your unique identity without any difficulties unless you set up a PIN. We therefore recommend that you set up a PIN.

The chosen PIN shall never be transmitted to your computer or mobile phone. You are therefore solely responsible for writing down the chosen PIN and for keeping it safe from third parties.

Be aware, that if you fail to provide the correct PIN more than five (5) times, your Fidec Smart Card shall be wiped automatically for your protection.

For details on the PIN, and recovery seed creation, please, refer to the Fidec User Manual available on the Website.

Notwithstanding any other provision of these Terms, we hereby, to the maximum extent permitted by applicable law, disclaim any liability for any direct, indirect, special, incidental, consequential, punitive or any other damages and costs including but not limited to loss of profit, revenue, savings, anticipated savings, business opportunity, data or goodwill regardless of whether such losses are foreseeable or not, incurred by you when using Fidec Smart Card.

Without prejudice to the last sentence the maximum liability from the use of Fidec Smart Card shall be limited to the amount paid by you as a Fidec Smart Card purchase price.

Under some circumstances, the applicable law does not allow the exclusion or limitation of damages, so this limitation and exclusion may not apply to you.

In case of any questions regarding the Fidec Smart Card, please, refer to the Fidec User Manual. If you cannot find an answer therein or in case of emergency, please contact our support staff at support@fidec.io.

You agree that the laws of the Socialist Republic of Vietnam, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Fidec technology & service joint stock company as a product producer in connection therewith. This choice of law clause does not deprive the consumer of their rights under mandatory provisions of the law of their country of habitual residence in the event that such law would otherwise be applicable.

Any dispute relating in any way to the use of Fidec Smart Card and any dispute of any sort that might arise between you and Fidec technology & service joint stock company as a product producer in connection therewith shall be decided with final effect before the courts of the Socialist Republic of Vietnam, in particular before the Dong Da District People's Court and (in the event that the regional court decides as a first instance court) before the Hanoi People's Court. Should you have violated or threatened to violate our intellectual property rights in any manner, we may seek injunctive or other appropriate relief in any court of our choice. You consent to exclusive jurisdiction and venue in such courts.

You agree to notify us of any disputes arising out of or in connection with these Terms without undue delay. You furthermore undertake to attempt out-of-court resolution of any disputes before you bring your claims to the above-mentioned courts.

“FIDEC TECHNOLOGY & SERVICE JOINT STOCK COMPANY.” or “we” or “us” refers to the FIDEC TECHNOLOGY & SERVICE JOINT STOCK COMPANY, Id. No. 0110111520, with its registered office at No. 35A, Alley 24, Dang Tien Dong Street, Trung Liet Ward, Dong Da District, Hanoi city, Vietnam.

“User” or “you” refers to anyone using our Fidec Smart Card.

“Fidec App” refers to our software interface of both Mobile and Desktop, through which you can set up and access your Fidec Smart Card and manage, receive, and send your cryptocurrencies, exchange your cryptocurrencies, etc. In some specific cases, we will specify Fidec Mobile App for mobile software interface and Fidec Desktop App for desktop software interface.

“wallet” refers to a cryptocurrency wallet created within your Fidec Smart Card upon the initialization thereof. We use an account structure to organize transactions within your wallet.

“Fidec Smart Card” refers to any Fidec cryptocurrency hardware wallet based on smart card technology.

“Website” refers to the official Fidec website https://fidec.io/ and any subdomains

“Fidec User Manual” refers to a user manual explaining how to use the Fidec Smart Card and Fidec App.

“Fidec App Terms of Use” or “Terms” refers to these Fidec App terms of use that govern your access to and use of the Fidec App.

“account” means a collection of transactions sent to the addresses belonging to that respective account. The number of accounts per cryptocurrency that you may create within your wallet is limited to ten (10) and number of accounts per cryptocurrency that you may import from other devices or services into your wallet is limited to five (5).

“address” means a unique alphanumeric identifier used to receive cryptocurrency payments. The addresses are organized into separate accounts and can be given a custom label.

“fiat currency” means a currency that has been declared by a government authority to be legal tender, but that is not backed by a physical commodity.

“Transaction Fee” means a payment to the miners or validators for adding a transaction into the cryptocurrency public transaction ledger (blockchain). The size of the Transaction Fee sent with the transaction usually determines the confirmation time as transactions with higher fee are more likely to be confirmed first.

“Dapp” or “Web3” means websites that are developped on blockchain and support smart contract and/or crypto currency transaction.

Any capitalized terms used herein shall have the meaning given to them either in the “Definitions” section or below in the following sections of these Terms, unless explicitly stated otherwise.

The section headings in these Terms are for your convenience only, and shall not govern the meaning or interpretation of any terms and clauses herein.

You acknowledge that you have full legal capacity and that your legal capacity has not been previously limited to an extent that could prevent you from accepting these Terms, accessing and using Fidec App and managing your cryptocurrency coins.

If you access and use Fidec App on behalf of a legal entity, you represent that it has been duly established and that it exists in accordance with the laws that govern its establishment and existence respectively, and you represent that you are authorized to act on behalf of the legal entity.

You may only use Fidec App with your original Fidec Smart Card as Fidec App provides you solely with a software interface to use your Fidec Smart Card. If you do not own any Fidec Smart Card, you must obtain one before you can start using Fidec App.

Fidec App may be accessed only via a downloadable software application for desktop and mobile. To use Fidec App via a desktop app, your Fidec Smart Card must be connected to your computer via smart card reader. To use Fidec App via a mobile app, your Fidec Smart Card must be connected to your smart phone via NFC technology.

You may download Fidec Desktop App by visiting the `App` section of our Website. By accessing and using our Website you agree with the Website Terms of Use published thereon.

You may download Fidec Mobile App by visiting the “App Store” if you are using IOS phone or “Google Play” if you are using Android phone.

You acknowledge that we do not assume any liability for any damages caused by third-party developed software and/or hardware you use to facilitate the connection between your Fidec Smart Card and your computer and mobile phone, or to access any data stored on your Fidec Smart Card or to manage your wallet within your Fidec Smart Card or for any other reason.

You acknowledge that the Fidec App services may be accessed only directly through the downloadable Fidec App software application for both desktop and mobile. We advise you to always connect to the Fidec App directly and never to use any third-party intermediaries and we do not assume any liability for any damages incurred as a consequence of your failure to follow the advice.

During the initialization procedure, recovery seed – a chain of randomly selected words will be generated. Recovery seed enables you to recover the information stored on your Fidec Smart Card. Without a recovery seed, you may not recover information stored in your Fidec Smart Card and your wallet and your cryptocurrency coins stored in the wallet may be lost forever. Please do not disconnect your Fidec Smart Card before the wallet generation is complete otherwise you risk corrupting your Fidec Smart Card.

During the initialization procedure, entroy created by your Fidec Smart Card is then transmitted to Fidec App according to SCP03 encryption standard to generate recovery seed. The recovery seed shall therefore be displayed on Fidec App once time only. You are solely responsible for remembering the recovery seed. You may write the recovery seed down, but you must always keep it safe from any third parties.

Anyone possessing your recovery seed may recover data stored on your Fidec Smart Card including your wallet and dispose of your cryptocurrency coins associated with the wallet. You acknowledge that if your cryptocurrency coins are stolen, there is no possible recovery. You are therefore solely responsible for keeping your recovery seed safe from any third parties.

Furthermore you may at any time after generating recovery seed set up a PIN to protect your Fidec Smart Card. Please note that setting up a PIN code is mandatory in order to make crypto currency transaction and interact with Dapp/ Web3 via Fidec App. Please be aware that if anyone takes possession of your Fidec Smart Card, they may freely dispose of any cryptocurrency coins associated with your wallet unless you set up a PIN.

The chosen PIN will be transmitted from Fidec App to Fidec Smart Card according to SCP03 encryption standard. You are solely responsible for remembering the chosen PIN and for keeping it safe from third parties.

You may change some of the settings such as the PIN, account name etc. within the Fidec App interface even after the initialization procedure. The recovery seed, however, cannot be changed.

You may subsequently create your cryptocurrency wallet to manage your cryptocurrency coins. The wallet can only be used to manage coins of supported cryptocurrencies.

It is in our sole discretion to decide whether a cryptocurrency will be supported. The current list of supported cryptocurrencies may be found on our Website. This list of supported cryptocurrencies may change from time to time; in that case we shall always update the list accordingly in advance. Before we change the list of supported cryptocurrencies, any unlisted cryptocurrencies are considered as unsupported and you may not use your Fidec Smart Card to manage (send and/or receive) any funds in such cryptocurrencies.

You acknowledge that any private keys associated with your wallet are generated locally on your Fidec Smart Card (they are derived from your recovery seed) and are never transmitted to Fidec App or anywhere else outside Fidec Smart Card. You are solely responsible for keeping your Fidec Smart Card safe from any third parties.

Transactions

Within the Fidec App you are able to view the total of the (supported) cryptocurrency coins/ token associated with your wallet and you are able to manage them.

Therefore, you may among other things submit transactions to send cryptocurrency coins/ token to other users of the respective cryptocurrency network.

You shall not under any circumstances attempt to send or receive any other cryptocurrency coins that are not supported by Fidec App within a meaning of the Article 3.8. hereof.

You shall under no circumstances attempt to send your cryptocurrency coins to a receive address created within a different cryptocurrency network. If you attempt to do so, you may lose your cryptocurrency coins without any possibility of recovery.

The transactions shall be processed pursuant to the submitted instructions. You hereby acknowledge that we do not carry out the transactions ourselves; the transaction must be verified by the respective cryptocurrency network and the speed of the transaction depends solely on the processes within the respective cryptocurrency network as described below in these Terms.

You are solely responsible for ensuring that all the submitted transaction information is correct. You shall always verify all the transaction information before you submit it.

We do not assume, under any circumstances, any liability for any obligations of the third party receiving the transaction. We are not in any way a part of such a legal relationship and any subsequent claims and disputes shall always be settled solely between you and the respective third party.

When submitting a transaction, Fidec App shall calculate for your information an approximate amount of fiat currency equal to the amount of cryptocurrency you endeavor to send. This calculation is only for your information and it is based on the exchange rates provided by a third-party provider. Information about the third-party provider may be found on our Website. The exchange rate is updated approximately every five (5) minutes, so it may not be completely accurate at all times.

You may provide third parties with your address generated by the wallet within the respective cryptocurrency network to receive cryptocurrency coins. You shall under no circumstances attempt to receive cryptocurrency coins sent to your address created within a different cryptocurrency network. If you attempt to do so, you may lose your cryptocurrency coins without any possibility of recovery.

If you attempt to carry out a forbidden transaction pursuant to the Article 4.3. and/or Article 4.9. hereof, you hereby agree to waive any and all rights to the affected cryptocurrency coins and agree you shall have no access, entitlement or claim to such cryptocurrency coins.

If you have any reason to suspect or you know that you have received cryptocurrency coins from a third party to any of your addresses in error, you are obliged to notify our support center and you must handle such cryptocurrency coins only in accordance with our instructions. You are not entitled and you do not have any claim to such cryptocurrency coins.

You acknowledge that submitted transactions must always be confirmed by the respective cryptocurrency network and recorded in its public transaction ledger. We are therefore not responsible for processing the transaction and cannot control it in any way. In particular, we cannot cancel, reverse, recover or otherwise control a transaction once it has been submitted to the network. We may only facilitate a submission of your transaction to the respective cryptocurrency network and check whether the transaction has been confirmed by the network.

Once submitted the transaction shall be listed as pending before it is sufficiently confirmed in the cryptocurrency network. Until it is confirmed, the transaction may or may not be completed; therefore the sent cryptocurrency coins shall not be available to the sender to use in other transactions unless the transaction is rejected by the network and it shall also not be available to the receiver unless the transaction is confirmed by the network.

You acknowledge that the cryptocurrency networks are decentralized and are operated by an undisclosed number of independent third parties always working on finding a consensus on the transaction confirmation or rejection.

You acknowledge therefore that if the transaction is delayed or not completed at all, there might not be a real recourse possibility for you to claim your lost cryptocurrency coins or incurred damage recovery as any possible errors and mistakes might not be easily accountable to any individual party.

When you submit cryptocurrency transaction information you may choose the size of the Transaction Fee (in respective cryptocurrency units) to be sent with the transaction. You acknowledge that the size of the Transaction Fee might determine the time of the transaction confirmation. If you send a transaction with low or no Transaction Fee, the transaction might never be confirmed.

For your convenience we pre-calculate three possible Transaction Fee sizes (low, normal and fast).. The pre-calculated Transaction Fee sizes are based on each blockchain network instruction; however, we do not and may not under any circumstances guarantee that any of the pre-selected Transaction Fees will be sufficient to ensure transaction confirmation.

We seek to provide continuous uninterrupted Fidec App operation, so you can access and use it at any time. However, you acknowledge that due to maintenance, repairs or exceptional outages we cannot guarantee uninterrupted (100 %) Fidec App availability.

In the event that Fidec App is unavailable due a planned temporary maintenance shutdown, we shall make an effort to inform you thereof in advance. However, under no circumstances, irrespective whether you have been notified in advance or not, are we liable for any damage incurred by you as a consequence of Fidec App unavailability.

Without prejudice to the above we are not obliged to maintain Fidec App availability and operation, if temporarily or permanently prevented by vis maior - an event or circumstance that is extraordinary, unforeseeable and unpreventable by usual means and with proper care, and that occurred independently of our will; such vis maior event is, among other things, a serious hacking attack.

Fidec App is offered on “as is” and “where-available” basis and therefore we expressly disclaim any warranties, express or implied, relating to the Fidec App including but not limited to merchantability and suitability for any particular purpose.

We shall not under any circumstances be held liable to you for any direct, indirect, special, incidental, consequential, punitive or any other damages and costs including but not limited to loss of profit, revenue, savings, anticipated savings, business opportunity, data or goodwill regardless of whether such losses are foreseeable or not, arising out of or in connection with your access and use or inability to access and use of Fidec App.

Without prejudice to the liability limitation set out above, our collective liability to you, arising out of or in connection with your access and use or inability to access and use of Fidec App, shall not exceed in aggregate the fees you have paid us for using our Fidec App services.

Pursuant to certain laws it may not be possible to disclaim our liability and warranties completely. In such cases we hereby disclaim our liability and warranties to the fullest extent permissible by such law. You acknowledge that if you are a consumer some of the liability and warranty limitations may not apply to you depending on your country of residence.

You agree to indemnify and hold harmless Fidec Company, its officers and directors, employees and agents, members and its affiliates against any loss, liability, claim, damage and expense including but not limited to any and all expenses reasonably incurred in defending against any litigation commenced or threatened or any claim arising out of or in connection with these Terms.

You are solely responsible for your decisions regarding storing, buying, selling, exchanging, sending and receiving cryptocurrency coins and you shall always consider your financial circumstances and associated risks before obtaining coins of any cryptocurrency.

You represent that you understand all the risks involved in purchasing, selling and exchanging cryptocurrency coins. You represent in particular that you understand that the value of cryptocurrency coins may be extremely volatile and that its exchange rate in respect to other cryptocurrencies or to fiat currencies may fluctuate significantly, which could lead to significant and sudden decreases in the value of your cryptocurrency assets.

You consider that not all the associated risks of using cryptocurrencies are identified in these Terms.

You hereby acknowledge, that you are solely responsible for obtaining the necessary information about tax or similar obligations arising in relation to any submitted transactions and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities. We are not responsible either for obtaining the above-mentioned information or for the fulfillment of such tax (or similar) obligations.

You must not use Fidec App to violate any applicable laws or regulations and you must specifically not undertake, facilitate or support criminal activities including money laundering, illegal gambling, malicious hacking or any other criminal activities.

You must not abuse Fidec App by imposing unreasonable or large loads of tasks, attempting to gain unauthorized access to parts of Fidec App that are not publicly available, or uploading any materials containing viruses or any other harmful programs.

You must not endeavor to abuse any respective cryptocurrency network including but not limited to sending the cryptocurrency coins to multiple addresses at once (double spending).

The collection of your personal data in connection to Suite access and use shall be as limited as possible. Any collection, storage and handling of your personal data shall be governed by a separate set of terms on handling the personal data of Users (Privacy Policy), which shall be published on the Website.

We may make available to you our Early Access Program services, under which you may use new features before they are available in the regular Fidec App. Please note that as the Early Access Program represents a testing environment, some features of the Early Access Program may contain errors or bugs, may not be available from time to time and may not work as intended.

By enabling the Early Access Program, you agree that we might be collecting anonymized usage data, especially error logs, for development purposes. You also agree that we may change or terminate the Early Access Program services at any time without any prior notification.

If you decide to use the Early Access Program, you do so on your own risk and you understand that we shall not under any circumstances be held liable to you for any direct, indirect, special, consequential, punitive or any other damages and costs including but not limited to loss of profit, loss of revenue, loss of business opportunity arising out of or in connection with your access and use or inability to access and use of Early Access Program services.

You understand that the Early Access Program is not a finalized product and there might be errors and bugs.

You agree that any communication relating to your access to and use of Fidec App will be addressed to you electronically via notifications available upon accessing Fidec App or via email (if provided by you in the Fidec App interface). You agree to visit Fidec App and update your email address regularly to receive any communication we have addressed to you.

If you provide us with an email address that is incorrect or inaccessible to you we shall assume no liability for your failure to receive any communications addressed to you via such email address.

You can contact us electronically via the tools available on our Website or via the email address support@fidec.io. Any electronic communication is considered as delivered when we confirm its delivery to you.

You agree that the laws of the Socialist Republic of Vietnam, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Fidec technology & service joint stock company as a product producer in connection therewith. This choice of law clause does not deprive the consumer of their rights under mandatory provisions of the law of their country of habitual residence in the event that such law would otherwise be applicable.

Any dispute relating in any way to the use of Fidec Smart Card and any dispute of any sort that might arise between you and Fidec technology & service joint stock company as a product producer in connection therewith shall be decided with final effect before the courts of the Socialist Republic of Vietnam, in particular before the Dong Da District People Court and (in the event that the regional court decides as a first instance court) before the Hanoi People Court. Should you have violated or threatened to violate our intellectual property rights in any manner, we may seek injunctive or other appropriate relief in any court of our choice. You consent to exclusive jurisdiction and venue in such courts

You agree to notify us of any disputes arising out of or in connection with these Terms without undue delay. You furthermore undertake to attempt out-of-court resolution of any disputes before you bring your claims to the above-mentioned courts.

Fidec is an ecosystem operated by our company mainly on the https://www.fidec.io/ website and its subdomains (the “Website”) on which we sell Fidec Smart Card and its Fidec App which is software interfaces that allow you, amongst other things, to access the Fidec Smart Card and manage, receive and send cryptocurrencies, purchase, sell and exchange cryptocurrencies.

Our collection of customers personal information complies with the provisions of the Law on Network Information Security 86/2015/QH13 dated November 19, 2015 and Decree 85/2021/ND-CP Decree amending and supplementing a number of articles of Decree No. 52/2013/ND-CP dated May 16, 2013 of the Vietnamese Government on e-commerce.

Therefore, in this Privacy Policy you may learn more about these topics regarding the personal data that we collect when you access the Website and/or access and use Fidec App and other Services.

We are a commercial company called FIDEC TECHNOLOGY & SERVICE JOINT STOCK COMPANY, incorporated and existing under the laws of the Socialist Republic of Vietnam, Id. No. 0110111520, , with its registered office at No. 35A, Alley 24, Dang Tien Dong Street, Trung Liet Ward, Dong Da District, Hanoi city, Vietnam.

When you access the Website and/or access to and use of Fidec App and other Services, we will, as a data controller, collect, store and process your personal data.

The collection of your personal data in connection to the use of the Website and access to and use of Fidec App and other Services is as limited as possible. We usually collect and process only the following personal data:

When you send us an email requesting customer support, we will try to answer your question or help you solve any problem related to the Website and/or the access to and use of Fidec App and other Services. In connection with provision of the above support, we collect and process also the following personal data:

On the website, you may subscribe to our newsletter by entering your email, clicking on the subscribe box. If you subscribe to our newsletter, we will regularly inform you about the latest news from Fidec, in particular about our services and products. As a data controller, we collect, store and process the email addresses of users who subscribe to our newsletter.

In case you change your mind and you do not want to receive the newsletter anymore, you can unsubscribe any time for free. We will always indicate within the newsletter how to unsubscribe.

Personal data collected when you order goods from the Fidec E-commerce

On the respective part of the Website, you may order products from the Fidec E-commerce. To ensure a smooth experience and fulfill our legal obligations, we collect and process the following personal data:

Our Website contains links to payment gateways provided by third parties which you may use in order to make payments. You will have to fill in your personal data related to the payment when using the payment gateways.

These data are processed by the respective provider of the payment gateway as a data controller and the data processing is governed by terms and conditions and privacy policy of the payment gateway provider. We do not process these data and we do not have any access to such data unless stated otherwise herein. We will always include the name of the payment gateway provider on the Website, so you may contact them to find all the information about how the payment gateway provider treats your personal data.

Personal data collected in connection to the Website and/or the access to Fidec App and other Services

It is quite simple. We collect, store and process the above mentioned personal data in order to allow you an use of the Website and/or the access to the Services, as well as to provide you with customer support.

To comply with legal requirements, we must mention that we collect, store and process such personal data pursuant to Law on Network Information Security and Decree of Vietnamese Government on e-commerce. That means that processing of such personal data is necessary for the performance of a contract which we concluded - the contract established between you and our company when you access and use the Website and/or attempt to access the Services.

We may then collect, store and process such personal data. That means that it is in our legitimate interest to collect, store and process such personal data (even when the contract is terminated), since we have to be able to protect ourselves during the period when you or any third party may contest that we have broken any of our obligations or have violated any applicable laws in relation to the requested issue.

As we have stated above, we collect, store and process these personal data because you subscribed to our newsletter. So we are processing your email in order to send you the newsletters. To comply with legal requirements, we must mention that we collect, store and process such personal data pursuant to Law on Network Information Security and Decree of Vietnamese Government on e-commerce. That means that you have given us consent to the processing of your personal data for the commercial communications purpose.

In order to be able to prove that you have given us your consent to sending our newsletter (and processing your personal data for the commercial communications purposes), we may collect and store the information that you have given us this consent (e.g. the logs). We collect and store these data pursuant to Law on Network Information Security and Decree of Vietnamese Government on e-commerce. That means that it is in our legitimate interest to collect, store and process such personal data.

We collect, store and process these personal data because you order products from the Fidec E-commerce. To comply with legal requirements, we must mention that we collect, store and process such personal data pursuant to Law on Network Information Security and Decree of Vietnamese Government on e-commerce. That means that processing of such personal data is necessary for the performance of a contract which we concluded - the contract established between you and our company when you order products from the Fidec E-commerce.

In order to fulfill our legal obligations such as those arising out of accounting laws, we may store certain parts of your personal data for various time periods as stated in those laws. We collect and store these data pursuant to Law on Network Information Security and Decree of Vietnamese Government on e-commerce. That means that it is in our legitimate interest to collect, store and process such personal data.

We process and store your personal data only for the time necessary to meet the purposes of its processing specified above, or for the time consented by you, or for the time that is either necessary to comply with our obligations under the applicable law or set forth by the applicable law or in accordance therewith. We comply with the mandatory rules for data archiving. Once the purpose of the personal data processing disappears, we will destroy the personal data.

We will process and store such personal data for the duration of the contract established between you and our company when you use and access the Website and/or access to Fidec App and other Services or until an issue requested by you is solved and also for the subsequent period thereafter that is either necessary to comply with our obligations under the applicable law or set forth by the applicable law or in accordance therewith, or during which you or any third party may contest that we have broken any of our obligations or have violated any applicable laws in relation to the requested issue.

We will process and store such personal data (your email) until you unsubscribe to our newsletter. You can unsubscribe any time for free. We will indicate how to unsubscribe within the newsletter. We will process and store the information that you have given us the consent (e.g. the logs) to send you newsletter for the duration of the consent and also for the subsequent period thereafter that is either necessary to comply with our obligations under the applicable law or set forth by the applicable law or in accordance therewith, or during which you or any third party may contest that we have broken any of our obligations or have violated any applicable laws in relation to the commercial communications sent to you.

We will process such personal data only for such a period of time that allows us to deliver you the products and fulfill our other legal obligations connected to the sale of the products. We anonymize this data no later than 3 months after the sale of the product to the fullest possible extent and store them only in this anonymized form in case you contact us with an issue so we can verify that the data you provide us with, after anonymization, match the anonymized database inputs. After the expiry of the warranty period, we delete the data altogether.

We take care of your personal data security and so we choose the partners to whom we entrust your personal data very carefully. All our partners must be able to provide sufficient security of your personal data to prevent unauthorized or accidental access thereto or other abuse thereof and all our partners must undertake a confidentiality obligation and must not use your personal data for any purpose other than the purpose for which the data were made available to them.

The recipients that may have access to your personal data are following:

Our aim is and always will be to ensure your personal data are as anonymous as possible and unavailable to all third parties. However, under certain specifically defined conditions we will be under some circumstances required, in accordance with the applicable law, to transfer certain personal data to public authorities.

All your personal data is secured by standard procedures and technologies using the industry best practice approach. We provide data protection against unauthorized or accidental access, alteration, destruction, loss, unauthorized transmission or any other unauthorized processing, as well as against any other abuse of records containing the personal data. We are not able to guarantee the security of your personal data without your help and responsible behavior. Therefore, we ask you to help us ensure the security of your data by keeping it secret.

On our Website we use cookies to:
- Analyze traffic and to personalize content and ads.
- Remember your login information so you won't have to re-enter it the next time you visit the Storm Eye service;
- Provide customized, personalized content and information;
- Monitor the effectiveness of our marketing campaigns;
- Monitor aggregate metrics such as total number of visitors and traffic;
- Diagnose or fix technical problems reported by users or our employees;
- Retrieve your information after you log in.

It is in our legitimate interest to collect, store and process such personal data for marketing purposes and for website traffic analysis, since (i) it allows us to improve our products and services and to provide you with personalized content and advertisement, (ii) we do not attempt to identify you using such personal data, (iii) there is little to no restriction of your interests, rights and freedoms, and (iv) you may at any time delete stored cookies permanently and change your cookie settings to disable or limit storage of any new cookies.

In relation to the personal data you shall have in particular the following rights:
• a right to withdraw your consent at any time;
• a right to correct or make additions to the personal data;
• a right to request restrictions to processing of your personal data;
• a right to object or complain against processing of your personal data under certain circumstances;
• a right to request transfer of your personal data ;
• a right to access your personal data;
• a right to be informed of the personal data security breach under certain circumstances;
• a right to request deletion of your personal data (a right to be „forgotten“) under certain circumstances; and • You have also a right to object to processing your personal data for direct marketing purposes.
Additionally, you have a right to contact Vietnamese Ministry of Information and Communication (MIC) with a request for remedial measures in case of any violation of the obligations set forth in the Regulation at the following address: No. 18 Nguyen Du street, Hanoi city, Vietnam, tel: +84 24 3556 3461.

If you have any questions regarding this Privacy Policy, please do not hesitate to contact us using the contact details below:
Contact address: No. 35A, Alley 24, Dang Tien Dong Street, Trung Liet Ward, Dong Da District, Hanoi city, Vietnam.
Email address: support@fidec.io

“Website” refers to the official Fidec website https://fidec.io/ and any subdomains.

“visitor” and “you” refer to anyone accessing, viewing, browsing, visiting or using the Website.

“FIDEC TECHNOLOGY & SERVICE JOINT STOCK COMPANY.” or “we” or “us” refers to the FIDEC TECHNOLOGY & SERVICE JOINT STOCK COMPANY, Id. No. 0110111520, with its registered office at No. 35A, Alley 24, Dang Tien Dong Street, Trung Liet Ward, Dong Da District, Hanoi city, Vietnam.

“User Account” refers to the user account created by a visitor to the Website pursuant to these Terms of Use to use various services available on the Website.

We represent that the collection of your personal data shall be limited as much as possible.

Any collection, storage, and handling of your personal data collected by us in connection with your accessing, viewing, browsing, visiting or using the Fidec website, shall be governed by a separate set of terms on handling the personal data of buyers and other Website users (Privacy Policy), which shall be published in the “Legal” section of the Website.

To use some sections of the Website or some of our services you may be required to create one or more dedicated User Accounts.

You are solely responsible for all activities that occur from your User Account and/or in connection therewith.

You acknowledge that you are responsible for protecting the User Account password information, for the protection of your computer, smartphone, or other device used to access the Website; and for any activity that occurs under your User Account due to your failure to protect such information. You must let us know immediately, if you suspect any unauthorized access to your User Account.

We reserve the right to refuse service or to delete your User Account and to remove or edit content submitted by you in the user area of the Website without prior notice and/or without any reason, unless specified otherwise herein or in other respective terms of our services. In such case the information listed and accessible in your User Account and respective user areas of the Website shall be lost.

If you submit any information to us through the Website, including in connection with the User Account registration, you represent such information is true, accurate and complete. Should any of your account information change, you are obliged to update it immediately.

The availability of the Website is subject to our sole decision and we do not guarantee the Website will be always available or uninterrupted. We may suspend our Website at any time for any reasons including but not limited to maintenance and repairs. We may discontinue the Website, its sections or its content for any reason without prior notice.

You are solely responsible for making all arrangements necessary to access the Website including use of compatible software and hardware.

We may terminate your access or suspend your right to access to all or part of the Website, without prior notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is in breach of these Terms of Use.

You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You are also prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Website.

We reserve the right to prohibit conduct, communication, or content that we deem in our sole discretion to be unlawful or harmful to you, the Website, the Website users, our customers or any rights of Fidec Company or any third party. We may without having to give a reason in our sole discretion remove or request the removal of any user content from the Website.

We may disclose any user content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Fidec Company its associates, our users and customers and/or you.

You must not attempt to introduce viruses or other malicious or harmful material to the Website or its visitors, to gain unauthorized access to the Website or servers connected to the Website or the servers storing the Website, or to attack our Website via a DoS or DDoS attack.

We may offer a possibility to communicate on our Website via comments etc. In such case you are solely responsible for any communication you post on our Website. The views expressed by you or other users of the Website may not be our views or values.

For any information, like email addresses, shipping contacts or other information or data including text and pictures sent, transmitted, or uploaded by you on the Website that are subject to intellectual property rights, you agree to grant us and our respective contractors and business partners a free, non-exclusive, transferable, license to use, copy, digitally store, and distribute such user content and to prepare derivative works based on, or incorporate into other works also for commercial purposes, for the duration of the intellectual property rights.

Our Website is in English only. Any other language version of the Website is not an official translation and we may not be held liable for any discrepancies in translation.

You acknowledge that the Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music and other material (collectively as the `Content`) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights.

Except as expressly stated herein, you are not allowed to change, alter, copy, reproduce, distribute, republish, download, display, post, send, transmit or otherwise use (including “mirroring” and “framing” on other devices or servers) the Content or any portion of the Website itself in any form or by any means without prior written permission of Fidec Company or the copyright owner (if different from Fidec Company).

You may not download (other than page caching) or modify the Website or any portion of it including but not limited to any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Website or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools.

Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use the Website or any Content except when expressly stated herein.

You are hereby granted a limited, revocable, non-exclusive right to access, view and use the Website and its Content for your personal, non-commercial use only. On any copies of the Website or the Content you make, the proprietary notices must be kept. This right to access, view and use (license) terminates automatically if you breach any part of these Terms of Use. Upon termination you must immediately delete all of the Website data and the Content in your possession or control.

You may not use any of our Content to link third parties to the Website or any other website unless we approve it.

Fidec App, Fidec Smart Card and other marks which may or may not be designated on the Website by a `™` `®` `SM` or other similar designation, are used on this Website under the license of the authorized entity.

The trademarks may not be used by you without prior, written, consent by Fidec Company or their owner (if different from Fidec Company), including but not limited to the instances when they are used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fidec brand.

The graphics, logos, page headers, button icons, scripts, and service names are used on this Website under the license and/or permission of the authorized entity. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be associated with us.

We are not responsible for the content of any sites that may be linked to from the Website or any bulletin board or forum associated with us or the Website. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Website is independent from us, and we have no control over the content of that other website.

In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website. In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

You may link to the homepage of our Website in a fair and legal way that does not damage our reputation or suggests any form of association or approval on our part where there is none. We reserve a right to forbid any linking to our Website.

The Website is provided on an "as is", "as available" basis. We do not warrant that use of the Website will be uninterrupted or error-free.

We disclaim warranties and representations of any kind, whether expressed or implied including but not limited to warranty of the accuracy, integrity, or completeness of the Content provided on the Website. No oral advice or written information given by Fidec Company shall create a warranty, unless expressly stated otherwise.

Under no circumstances shall any information on the Website or provided to you by us constitute financial, investment or professional advice, unless explicitly stated so.

You are above all solely responsible for your decisions regarding storing, buying, selling, exchanging, sending and receiving cryptocurrency coins and you shall always consider your financial circumstances and associated risks before obtaining coins of any cryptocurrency.

You represent in particular that you understand that the value of cryptocurrency coins may be extremely volatile and that its exchange rate in respect to other cryptocurrencies or to fiat currencies may fluctuate significantly, which could lead to significant and sudden decreases in the value of your cryptocurrency assets.

You agree that your access to, viewing of, browsing, visiting or use of the Website is at your sole risk. Under no circumstances shall Fidec Company be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained at the Website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance.

You hereby acknowledge that some countries do not allow the exclusion or limitation of liability, in such countries the liability is limited to the fullest extent permitted by law.

You agree to indemnify, defend, and hold Fidec Company and its agents, employees harmless from and against every third party claim and expense, including reasonable attorneys’ fees, related in any way to your use of the Website or your violation of these Terms of Use.

We are not obliged to fulfill any of our obligation under these Terms of Use, if temporarily or permanently prevented by vis maior - event or circumstance that is extraordinary, unforeseeable and unpreventable by usual means and with proper care, and that occurred independently of our will; such vis maior event is, among other things, a serious hacking attack or power shortage.

You agree that the laws of the Socialist Republic of Vietnam, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Fidec technology & service joint stock company as a product producer in connection therewith. This choice of law clause does not deprive the consumer of their rights under mandatory provisions of the law of their country of habitual residence in the event that such law would otherwise be applicable.

Any dispute relating in any way to the use of Fidec Smart Card and any dispute of any sort that might arise between you and Fidec technology & service joint stock company as a product producer in connection therewith shall be decided with final effect before the courts of the Socialist Republic of Vietnam, in particular before the Dong Da District People's Court and (in the event that the regional court decides as a first instance court) before the Hanoi People's Court. Should you have violated or threatened to violate our intellectual property rights in any manner, we may seek injunctive or other appropriate relief in any court of our choice. You consent to exclusive jurisdiction and venue in such courts.

You agree to notify us of any disputes arising out of or in connection with these Terms without undue delay. You furthermore undertake to attempt out-of-court resolution of any disputes before you bring your claims to the above-mentioned courts.

If you have any questions about the Website or these Terms of Use, including any complaints, you may contact us via email: support@fidec.io or by regular mail at Kundratka No. 35A, Alley 24, Dang Tien Dong Street, Trung Liet Ward, Dong Da District, Hanoi city, Vietnam.

When you use the Website, you are communicating with Fidec Company. You agree to receive electronic communications related to your use of the Website. We may provide notices to you via email listed under your User Account or by notices on the Website, and those notices are deemed to be in writing for legal purposes and are effective on the date that we send or post them. As long as you access and use the Website, you agree that you will have, or have access to, the necessary software and hardware to receive such notices.

If any provision of these Terms of Use shall become invalid or unenforceable, it shall not affect the validity or enforceability of other provisions, unless it is implied that the invalid or unenforceable provision is inseparable from other provisions.

You may not assign or transfer any of your rights or obligations assumed under these Terms of Use or in any other way related hereto without our prior written consent.

These Terms of Use, together with any other terms that you agree to when using the Website, comprise the entire agreement between Fidec Company and you about your use of the Website

“Fidec E-Commerce” means an online e-shop located on the Fidec Website, where you may purchase various Fidec Smart Card and accessories.

“buyer” and "you" mean anyone purchasing our products via the official Fidec E-Commerce.

“FIDEC TECHNOLOGY & SERVICE JOINT STOCK COMPANY.” or “we” or “us” or “seller” refers to the FIDEC TECHNOLOGY & SERVICE JOINT STOCK COMPANY, Id. No. 0110111520, with its registered office at No. 35A, Alley 24, Dang Tien Dong Street, Trung Liet Ward, Dong Da District, Hanoi city, Vietnam.

“Contract” means any contract of purchase and sale of the product(s) available in Fidec E-Commerce concluded between the seller and the buyer via the official Fidec E-Commerce.

“Website” or “Fidec Website” means the official Fidec website https://fidec.io/ and any subdomains thereof.

“Civil Code” means Socialist Republic of Vietnam statutory Act No. 91/2015/QH13., Civil Code 2015.

Any capitalized terms used herein shall have the meaning given to them either in the “Definitions” section or below in the following sections of these Terms and Conditions, unless explicitly stated otherwise.

The section headings in these Terms and Conditions are for your convenience only, and shall not govern the meaning or interpretation of any terms and clauses herein.

You agree to use remote means of communication when concluding the Contract. You are responsible for all the costs incurred when using remote means of communication in connection with the formation of the Contract (costs of Internet connection, telephone calls etc.).

To order the products available in Fidec E-commerce you must place your order through the Fidec Website interface. To place your order successfully, you are required to provide at least the following information:
- product specification (by selecting the product and adding it to your shopping cart);
- shipping method (by selecting from the available choices);
- email address;
- billing and shipping addresses;
- payment method (by selecting from the available choices).

Before placing your order, you can view, modify, or cancel the order anytime in the “Cart” section of the Fidec Website. You can then place the order by clicking on the “Continue” button.

You are solely responsible for any information listed during the order placement procedure, including, but not limited to, the email address, shipping address, and the amount and specification of the ordered products.

After placing your order, you will receive an email from us acknowledging that we have received your order (the "Order Confirmation"). We will use the email address listed by you when placing the order.

The Order Confirmation contains an order token that may be used for any further references to your order.

Please note that your order constitutes a binding offer to us to purchase Fidec E-commerce products. All orders are subject to subsequent acceptance by us. The Order Confirmation merely confirms the placement of your order. However, it does not confirm that your order has been accepted by us and it does not confirm that we have received your payment (see below for Payment Confirmation).

Before we accept any placed order, you must always pay the amount corresponding to the sum of the purchase price, the shipping costs, and other applicable costs and expenses pursuant hereto via the selected payment method. See the “Payment Method” section hereof for more information.

We will confirm the acceptance of your order to you by sending you an email confirming both the acceptance of your payments (the “Payment Confirmation”) and the shipment of your order (the "Shipping Confirmation"). At the time we confirm the acceptance of your order, the Contract is concluded. The purchase price is due at the moment when the Contract is concluded.

The Contract will relate only to those products confirmed in the Shipping Confirmation. We will not be obliged to supply any products which may have been part of your order other than the products listed in the Shipping Confirmation.

Before the Contract is concluded we may, without undue delay after the order was placed, ask you to verify and confirm your order (without prejudice to Article 3.4 hereof). We will always ask you to verify and confirm your order, if we cannot (for any reason or no reason) accept the entire order.

We reserve the right to cancel (reject) your order at any time before its acceptance, including, but not limited to, instances where there has been an obvious error in price or where the product is no longer in our inventory or our third-party fulfillment provider's inventory.

If we do not accept your order within ninety (90) days from the date of Order Confirmation (for any reason or no reason) the order is considered as rejected.

If we choose not to accept (or if we reject) your order for any reason or no reason, you are entitled to a refund of the payments we have accepted under Article 3.8 hereof. Any bank fees, dues, or taxes associated with the refund will be deducted from the refunded amount. If we accept your order only partially, we will keep the funds corresponding to the purchase price, the shipping costs, and any other applicable costs and expenses related to the shipped products.

On the Fidec Website we shall publish information on the products including, but not limited to, the product description, product price, product availability, shipping and payment methods, and other relevant information.

Any information on the products including product prices and product availability published on the Fidec Website, is of an informative nature only, and we are therefore not obliged to accept your orders for these products.

Any information on the products, including product prices and information on the product availability displayed on the Fidec Website, are subject to change without prior notice. The changes are effective from the moment that they are published on the Fidec Website.

Errors will be corrected when discovered. Despite our best efforts, the products listed on the Fidec Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is lower than our stated price, we will refund the excess payment. If a product's correct price is higher than the price stated on the Fidec Website, we will normally, at our sole discretion, either contact you for instructions before dispatching the product, or reject your order.

We are subject to taxation for value-added tax (VAT). The prices of the products on the Fidec Website are displayed on the Website, usually both including and excluding VAT. Unless stated otherwise, the displayed price is considered to be excluding VAT.

All additional freight, delivery, or postal charges and any other additional costs (and/or the method of their calculation) vary with reference to the selected shipping method, carrier, and payment method, and are displayed on the Fidec Website.

Unless stated otherwise, you may use only one discount code or discount coupon per order.

You may make your payment in U.S. dollars (USD) or Vietnam Dong (VND) using your credit (debit) card

The credit (debit) card payment is processed by a third-party payment gateway provider. Please note that only some credit (debit) cards, including VISA and MasterCard, are supported.

You hereby acknowledge that the credit (debit) card payment gateway provider is solely responsible for the processing of your payment and for any credit (debit) card information you filled in during the payment procedure.

Unless stated otherwise herein, your payment includes the product price, shipping costs, and other applicable costs and expenses pursuant hereto

You consent to receive sales invoices electronically.

You acknowledge that we collect VAT on the products sold and invoiced within the territory of the Vietnam.

You are solely responsible, in particular if you reside outside Vietnam, for consulting your state and local tax and customs laws to determine compliance with the tax and customs laws and regulations in your area and to pay the outstanding taxes and duties, if applicable according to your tax and customs residential law.

You hereby waive your right to claim that the tax and/or customs duties collected on any purchase are incorrect in any respect and agree to hold harmless Fidec Company, its officers, directors, employees, agents, and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes or custom duties you owe for your purchases.

In the event that you qualify for the (partial or full) refund of your payment hereunder, the payments (after deducting any fees and costs accountable to you hereunder) shall be refunded (in the currency the payment was originally made) to the cardholder‘s bank account.

Delivery service is provided by third-party carriers such as the national postal service or private delivery services. Please note that unless otherwise stated on the Fidec Website, delivery estimates displayed on the Fidec Website or in the Order and Shipping Confirmation are just that. They are not guaranteed delivery times and should not be relied upon as such. The traceability of the parcels may be limited in some countries.

You are required to accept the ordered products. Occasionally parcels are, however, returned to us as undeliverable. Re-dispatching your order is possible, but additional charges might occur. We won´t re-dispatch the order before the additional fees are paid. If you no longer wish to have your package reshipped, you can claim a partial refund. You acknowledge, however, that some dues and fees, particularly the shipping expenses, may not be refunded in such a case.

At the moment of delivery, you are obliged to check to ensure that the parcel was not tampered with, the packaging of the parcel as well as the packaging of the products is intact and your parcel contains all the ordered products. In the event of any damage to the parcel, products, or their packaging, or in case of an incomplete delivery, you must inform us without any delay.

The following section hereof (Articles 7.1 through 7.12) applies only to the buyer who is a consumer within the meaning of Section 430 of the Civil Code.

Unless stated otherwise by the law or by these Terms and Conditions (e.g. in instances where the product has been personalized for you), you are entitled to withdraw from the Contract within fifteen (15) days from the date on which you or a third party named by you who does not deliver the products has taken the possession of the products.

In order to obtain a full refund, you must initiate a product return request via our support center in the “Support” section of the Website, provided such a return request is initiated within fifteen (15) days upon the delivery of the product to you. Please be prepared to provide the support team with the credit (debit) card number from which the payment has been made, the order token, and the electronic receipt (invoice).

In order to qualify for a full refund, the products must be returned unused and sealed in the original packaging, with all the original materials provided in their complete condition.

In order to qualify for a full refund, the products must be returned unused and sealed in the original packaging, with all the original materials provided in their complete condition.

You shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to inspect the products in the same manner as you would be allowed to do in a store.

You notice that in case the product or a part thereof is a voucher for a purchase of cryptocurrencies via a third party provider and such voucher consists of a unique promo code that shall determine your potential eligibility to be awarded cryptocurrencies with a discount and/or free of charge, then such product or such part thereof is considered to be consumed at the moment of delivery within the meaning of section 7.1 hereof. You notice, therefore, that if you attempt to return such a product, you shall be liable for the diminished value of the product, and you shall, therefore, not be awarded any refund at all.

You notice that if Fidec Smart Card is a security device. The packaging of such device includes a holographic seal to ensure the product is brand-new and has not been tampered with. You notice that our product cannot be resold after the holographic seal has been broken and the packaging has been opened.

You notice, therefore, that if you attempt to return products with a broken holographic seal pursuant to this section of the Terms and Conditions, you shall be liable for the diminished value of the products, and you shall, therefore, not be awarded any refund at all.

If you qualify for a refund, we will refund the purchase price paid, including the shipping charges corresponding to the cheapest shipping method available to you at the time of your order (without regard to your choice of shipping method). We will not, however, refund you for the costs of shipping the products to us.

If you do not qualify for a full refund for any reason (the products are used, the holographic seal is broken, etc.), we may, at our discretion, grant you a partial refund.

The refund will usually be executed within two (2) weeks from the day we have received the returned products. At the moment your return is processed, we will send you a confirmation email.

The refunds shall be processed according to the rules set out in Section 5 (in Articles 5.9) hereof.

We warrant that the product, its components, and labor are free from defects in material and workmanship and are of the stipulated quality at the time the product is delivered to you (the “Liability for Defects”).

Furthermore, we warrant that the product, its components, and labor are free from defects in material and workmanship under normal use during the warranty period of one (1) years that starts from the time the product is delivered to you (the “Commercial Warranty”).

We may offer extended warranty period for some of our products. In such case the information about the extended warranty period shall be always displayed in the Fidec E-commerce.

The Commercial Warranty hereunder only covers failures or malfunctions occurred during the Warranty Period and in normal use conditions. The Commercial Warranty hereunder shall not apply to:
- normal wear and tear;
- damage resulting from accident, abuse, misuse, neglect, improper handling, or improper installation;
- damage or loss of the product caused by undue physical or electrical stress, including, but not limited to, moisture, corrosive environments, high voltage surges, extreme temperatures, shipping, or abnormal working conditions;
- damage or loss of the product caused by acts of nature including, but not limited to, floods, storms, fires, and earthquakes;
- damage caused by your error, or non-compliance with the instructions as set out in the accompanying documentation (User Manual and Product Terms of Use);
- product altered by persons other than us, our associated partners, or authorized service facilities; - damage to the products, on which the original applet has been replaced or modified by persons other than us, our associated partners, or authorized service facilities;
- damage or loss of data due to interoperability with current and/or future versions of operating systems, software, and/or hardware;
- damage or loss of data caused by improper usage and behavior which is not recommended and/or permitted in the product documentation;
- failure of the product caused by the usage of products not supplied by us.

If the product you ordered was damaged or defective at the time of its delivery or if the product is not free from defects in material and workmanship under normal use during the warranty period, you may return it in order to get a replacement or to have it repaired. Such a return must be initiated without undue delay after the defect is discovered. You may not initiate the return later than one (1) years after the original date of delivery.

A replacement product or repaired product will be shipped when the original damaged or defective item is received and processed by us.

We further warrant the replaced product and/or its parts or components to be free from defects in material and workmanship at the time the replaced product is delivered to you and to stay so under normal use for the remainder of the original warranty period. If the replaced product and/or replaced components were damaged or defective at the time of delivery, you may initiate the return again. However, you may never initiate the return later than one (1) years after the date when the product (that was replaced) was delivered to you for the first time.

Your rights under Section 8 hereof are non-transferable and are enforceable only by you, as the original purchaser. Any product that has not been purchased (i) as new (ii) from us is expressly excluded from the scope of Section 8 hereof.

We shall not be responsible for any incidental or consequential damages which are incurred and/or have occurred in connection with the product or its purchase. Our responsibility is limited solely to the product itself. We assume no responsibility for any loss or costs due to a third party's or the customer's loss of profit, or any other indirect cost or losses, however incurred. We reserve the right to make changes or improvements in design, firmware, or manufacturing without assuming any obligation to change or improve products previously manufactured and/or sold.

Under these Terms and Conditions, we do not offer any additional commercial warranty except when explicitly stated otherwise herein and we do not offer any warranty for software and firmware developed to be used with our products, its quality, performance, functionality, or compatibility for a particular purpose. For more information on our software and firmware, please refer to the Product Terms of Use, the User Manual and the terms of use of any other respective service, including Suite Terms and Conditions.

In the event that the product is damaged or defective, please contact us via our support center at https://fidec.io/support/ without undue delay. Our support team will provide you with a mailing address for returning the product for inspection and further instructions.

Please note that in order to pursue any remedy under Section 8 hereof, you must verify your possession of the product to our support center with the credit (debit) card number from which the payment has been made, the order token and the electronic receipt (invoice).

Before returning the product, please make sure to have your recovery seed, and, if possible, wipe the Fidec Smart Card; we are not responsible for damage to or loss of any data stored on the product during its inspection by us.

If we find out that the product was damaged or defective and the damage or defect is covered by the Liability for Defects and/or Commercial Warranty (and is not subject to any limitations hereunder), we will undertake to repair or replace the product with an identical or similar (e.g. newer) version of the product.

The costs incurred in connection with returning the product to us and back to you shall be always borne by you. If we find out that the product was defective or damaged and the damage or defect is covered by the Liability for Defects and/or Commercial Warranty, you are entitled to a refund of the necessary shipping costs.

If we conclude within the product inspection that the returned product was not damaged or defective or that the damage or defect is not covered by the Liability for Defects and/or Commercial Warranty, the costs for returning the product to you shall be due in advance, before we send the product back. In such an event and at our sole discretion, we might offer you a discount on a new product purchase as compensation for not returning the item to you.

The following section hereof applies only to the buyer who is a consumer within the meaning of the Section 430 of the Civil Code.

In the event of any disputes arising in connection with these Terms and Conditions and/or the Contract, you have the right to seek an out-of-court settlement through the Dong Da District People's Court with its registered office at Lane 157B, Chua Lang Ward, Lang Thuong, Dong Da, Hanoi.

You agree that the laws of the Socialist Republic of Vietnam, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Fidec technology & service joint stock company as a product producer in connection therewith. This choice of law clause does not deprive the consumer of their rights under mandatory provisions of the law of their country of habitual residence in the event that such law would otherwise be applicable.

Any dispute relating in any way to the use of Fidec Smart Card and any dispute of any sort that might arise between you and Fidec technology & service joint stock company as a product producer in connection therewith shall be decided with final effect before the courts of the Socialist Republic of Vietnam, in particular before the Dong Da District People's Court and (in the event that the regional court decides as a first instance court) before the Hanoi People's Court. Should you have violated or threatened to violate our intellectual property rights in any manner, we may seek injunctive or other appropriate relief in any court of our choice. You consent to exclusive jurisdiction and venue in such courts.

You agree to notify us of any disputes arising out of or in connection with these Terms without undue delay. You furthermore undertake to attempt out-of-court resolution of any disputes before you bring your claims to the above-mentioned courts.

The concluded Contract shall be kept by us electronically and shall not be accessible by you.

In case of any notification made hereunder you shall contact us via the following email address: support@fidec.io. Any email notifications made hereunder shall be deemed to have been delivered to us at the time we confirm their delivery.

If any provision of the Contract or these Terms and Conditions shall become invalid or unenforceable, it shall not affect the validity or enforceability of the other provisions, unless it is implied that the invalid or unenforceable provision is inseparable from other provisions.

We are not obliged to fulfill our obligation under these Terms and Conditions, if temporarily or permanently prevented by vis maior - an event or circumstance that is extraordinary, unforeseeable, and unpreventable by usual means and with proper care, and that occurred independently of our will; such a vis maior event is, among other things, a serious hacking attack or a power shortage.

You hereby assume a risk of change in circumstances within the meaning of Section 420 of the Civil Code.

These Terms and Conditions, including documents anticipated and referred to thereby, constitute a complete definition of the rights and obligations between you and us and supersede any previous agreements or provisions on the same subject.