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These Terms of Use ("Terms") form a binding legal agreement between You ("User", "You") and J.O.Y TECHNOLOGY AND COMMUNICATION COMPANY LIMITED — the entity that owns and operates the Ecomtrack brand, tax code 0110401935 (referred to in these Terms as "Ecomtrack" or "We"). The Service includes packing-video recording software, computer applications, the web admin panel, application programming interfaces (APIs), documentation, and all related utilities under the Ecomtrack brand (collectively, the "Service").
1.1. "Ecomtrack", "We" means the entity that owns and provides the Service, identified in the opening section of these Terms.
1.2. "Service" means all Software, computer applications, the web admin panel, application programming interfaces (APIs), documentation, utilities, and any other services provided under the Ecomtrack brand.
1.3. "User", "You" means the individual or organization that registers for, installs, accesses, or uses the Service in any form, including Your employees, agents, and contractors who are granted access.
1.4. "Primary Account" means the account You register directly with Ecomtrack, which has the highest administrative rights within the scope of the Service Plan.
1.5. "Sub-account" or "Staff Account" means an account You create through the Primary Account to assign to Your employees, agents, or contractors for using the Service.
1.6. "User Data" means all content, videos, images, audio, order information, tracking codes, staff information, customer information, configurations, documents, and any data created, uploaded, entered, collected, or stored by You through the Service.
1.7. "Software" means the Ecomtrack computer application together with all updates, patches, upgrades, and documentation released by Ecomtrack.
1.8. "Service Plan" means the specific subscription package You have selected, which defines feature limits, device count, staff count, storage capacity, term, and applicable fees.
1.9. "Personal Data" is construed in accordance with the applicable personal-data protection laws of the country in which You operate.
1.10. "Video" means the moving-image files (with audio if applicable) recorded by the Software during packing or similar activities.
1.11. "Device" means the computer, server, phone, or other electronic equipment on which the Software is installed or operated.
2.1. Any of the following actions constitutes Your reading, understanding, and full acceptance of these Terms and forms a legally binding agreement between You and Ecomtrack:
2.2. If You do not agree with any part of the Terms, You are obliged to stop installing, registering, and using the Service immediately.
2.3. Where You are an organization or a representative of an organization, the person clicking "agree" confirms having sufficient legal authority to bind that organization. Such binding remains in effect even if the representative changes.
3.1. You confirm that:
3.2. The Service is currently offered in: Vietnam, Thailand, Singapore, the Philippines, and Indonesia, and may be expanded or restricted at Ecomtrack's discretion. You are responsible for verifying the legality of using the Service in the country in which You operate.
3.3. If You use the Service outside the announced territories, You bear all resulting legal risks.
4.1. When registering, You must provide truthful, accurate, and complete information and must update it upon any change. You bear all consequences of inaccurate or outdated information.
4.2. You are absolutely responsible for the security of Your credentials (username, password, two-factor codes, API keys, tokens). All activity under Your Account is deemed to have been performed by You, and You bear full legal liability for it, including where the Account is used without authorization due to Your security negligence.
4.3. You must immediately notify Ecomtrack at hello@ecomtrack.me upon discovering or suspecting any unauthorized access, security breach, or loss of control over the Account.
4.4. Ecomtrack has full discretion to refuse registration, suspend, or terminate the Account if it detects false information, fraud, signs of unauthorized sharing, or breach of the Terms, without any obligation to refund fees paid and without owing compensation in any form.
4.5. Ecomtrack is NOT responsible for any damages arising from Your disclosure, theft, or failure to secure Your Account information, including in the case of cyberattacks targeting Your device.
5.1. The Primary Account may create Sub-accounts for employees within the limits of the Service Plan.
5.2. You bear full responsibility for the conduct of anyone using a Sub-account, including any breach of the Terms, violation of law, or damage caused to Ecomtrack or any third party. Every breach by a Sub-account is deemed to be Your own breach.
5.3. You are responsible for:
5.4. Ecomtrack has no obligation to transact directly with Sub-account users and is not responsible for disputes between You and Your staff concerning Sub-account use.
6.1. Provided that You comply with these Terms and pay all Service Plan fees (if any), Ecomtrack grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software for Your lawful business operations.
6.2. This license does not constitute a transfer of ownership in the Software or any related intellectual property. All rights not expressly granted in the Terms are reserved to Ecomtrack.
6.3. The license takes effect from the time You activate the Account and automatically terminates when the Account is suspended, terminated, or when the Terms end.
6.4. The license applies only to Your internal use. You may not commercialize the Software or the Service as a product or service offered to third parties without a written agreement with Ecomtrack.
7.1. You may use the Software within the limits on Devices, staff, storage, and features corresponding to the Service Plan You have subscribed to.
7.2. You may use the Service only for lawful purposes and in compliance with the laws of Vietnam, the laws of the country in which You operate, and all relevant international regulations.
7.3. You are responsible for ensuring that Your employees, agents, and contractors who use the Service through the Primary Account or Sub-accounts all comply with these Terms.
You MUST NOT, and must not permit any third party to, do the following:
8.1. Copy, duplicate, distribute, resell, lease, lend, sublicense, assign, distribute, or otherwise commercialize the Software or any component of the Service in any form.
8.2. Reverse engineer, disassemble, decompile, modify the source code, create derivative works, extract algorithms, or attempt to obtain the Software's source code, except to the extent expressly permitted by law and unable to be excluded by contract.
8.3. Use the Service to collect, store, transmit, or distribute:
8.4. Use the Service to commit or assist: fraud, deception, money laundering, terrorism financing, tax evasion, smuggling, counterfeiting, prohibited goods, or any other unlawful activity.
8.5. Intentionally harm, interfere with, overload, or disrupt servers, infrastructure, networks, or the normal operation of the Service, including but not limited to DDoS, denial-of-service attacks, SQL injection, XSS, and brute-force.
8.6. Bypass, circumvent, or attempt to bypass any security measures, Device limits, staff limits, storage limits, or any other technical measures Ecomtrack has put in place.
8.7. Use bots, scripts, crawlers, automated tools, or any other means to access the Service outside official interfaces or beyond permitted limits, including using multiple Accounts to circumvent Service Plan limits.
8.8. Impersonate any individual or organization; provide false information during registration; forge headers, metadata, or any identification information.
8.9. Use the Service to research, develop, train, or improve products that compete with Ecomtrack; or conduct benchmarking, performance measurement, or comparison intended for public disclosure without Ecomtrack's prior written consent.
8.10. Export or re-export the Service or User Data to countries, territories, organizations, or individuals subject to sanctions under the laws of Vietnam, the United Nations, the United States, the EU, or any other competent international authority.
8.11. Use the Service to record in places where recording is prohibited by law, or to record subjects for whom You have no lawful basis to record.
8.12. Remove, hide, distort, or obscure any copyright notice, trademark, watermark, digital signature, or any identification mark of Ecomtrack on the Software or the output.
9.1. Before using the video-recording feature, You are obligated to:
9.2. You undertake to record only in legitimate work areas for the purpose of order management and packing quality control. You MUST NOT UNDER ANY CIRCUMSTANCES use the recording feature in sensitive areas such as toilets, changing rooms, rest rooms, dormitories, personal living spaces, or any place where employees have a reasonable expectation of privacy.
9.3. You undertake not to use Videos, particularly employees' images and voices, for purposes beyond those notified and consented to, such as advertising, external training, or public sharing.
9.4. When employees request to withdraw consent, or request to access, delete, or restrict processing of their personal data, You are obligated to respond in accordance with applicable law. Ecomtrack is under no obligation to fulfill these requests on Your behalf, though it will provide reasonable technical assistance upon request.
9.5. You agree to fully indemnify and hold Ecomtrack harmless from any complaint, claim, denunciation, lawsuit, administrative penalty, or criminal proceeding arising from recording, including but not limited to: complaints from current or former employees; customer complaints; investigations by Labor Inspectors, personal-data protection authorities, or the police.
10.1. You are solely and entirely responsible for the legality, accuracy, completeness, appropriateness, and origin of all User Data You collect, process, store, or transmit through the Service.
10.2. You undertake that User Data will not contain:
10.3. You agree to fully indemnify and hold Ecomtrack harmless from any complaint, claim, damage, or expense arising from or related to Your User Data.
11.1. Ecomtrack processes Your Personal Data (not that of Your staff or customers) in accordance with the Privacy Policy published on Ecomtrack's website and applicable law.
11.2. For Personal Data of Your staff, customers, or partners collected through the Service, You are the controller. Ecomtrack processes it only under Your instructions to the extent necessary to operate the Service.
11.3. You are obligated to:
11.4. To the extent Ecomtrack acts as a Data Processor, Ecomtrack will:
12.1. Ecomtrack's servers may be located in Vietnam or in other countries. By using the Service, You agree that User Data (other than Videos stored on Your Device) may be transferred to, stored in, and processed in Vietnam or in other countries where Ecomtrack or its service providers operate.
12.2. You are responsible for ensuring that any cross-border data transfer complies with cybersecurity and cross-border transfer laws applicable in the country in which You operate.
12.3. Ecomtrack applies reasonable measures to protect Personal Data during cross-border transfers but is not responsible if You fail to meet any registration, notification, or approval obligations under local law.
13.1. Videos produced by the Software may be used by You for internal management purposes. If You use Videos as evidence in disputes with customers, suppliers, e-commerce marketplaces (Shopee, Lazada, TikTok Shop, etc.), carriers, third parties, or in formal legal proceedings, You bear all risk regarding:
13.2. Ecomtrack is under no obligation to:
13.3. If You require Videos to meet legal-evidence standards (e.g., trusted timestamps, digital signatures, unbroken chain of custody), You are responsible for obtaining additional solutions, third-party services, or notarization services yourself — Ecomtrack does not provide these within the standard Service scope.
13.4. You undertake not to declare, advertise, or represent to third parties that Videos recorded by Ecomtrack have absolute legal-evidence value; Ecomtrack does not authorize You to make such statements.
13.5. Any dispute between You and Your customers, suppliers, e-commerce marketplaces, or third parties concerning orders, product quality, or delivery is Your dispute and does not involve Ecomtrack.
14.1. All copyrights, intellectual property rights, trademarks (including the "Ecomtrack" trademark), logos, brand names, source code, algorithms, graphical interfaces, designs, documentation, know-how, and all other intellectual property related to the Service are the sole and exclusive property of Ecomtrack or the entity that has licensed it to Ecomtrack, and are protected by applicable intellectual-property laws and international treaties.
14.2. These Terms grant You no intellectual property rights in the Software or the Service other than the limited use right set forth in Section 6.
14.3. Any feedback, suggestions, or comments You provide ("Feedback") will be owned by Ecomtrack with an unlimited, perpetual, royalty-free, worldwide right to use, without attribution and without remuneration to You.
14.4. User Data remains Your property. You grant Ecomtrack a limited, non-exclusive, royalty-free right to store, process, copy, and display User Data to the technical extent necessary to provide and maintain the Service, including for safe system backup.
14.5. If You believe Your intellectual property rights have been infringed on the Service, please send a written complaint to hello@ecomtrack.me including: information about the infringed work; proof of ownership; a description of the infringement location; and a statement that the information is truthful and that You have sufficient authority to file the complaint.
15.1. Packing videos are stored directly on Your Device. Ecomtrack DOES NOT back up, access, read, or analyze Video content. Ecomtrack has no obligation to recover Videos lost due to Device failure, hard-drive failure, viruses, accidental deletion, or any other reason.
15.2. Dashboard data (staff list, order list, configurations, statistics) is stored on Ecomtrack's servers with reasonable technical and organizational security measures.
15.3. You are responsible for:
15.4. Ecomtrack applies reasonable technical and organizational measures to protect the system, including encryption in transit, access control, and monitoring. Ecomtrack DOES NOT guarantee absolute security for any information system operating on the Internet.
15.5. In the event of a personal-data breach that may affect You, Ecomtrack will notify You within a reasonable time in accordance with applicable law.
16.1. To the maximum extent permitted by law, Ecomtrack disclaims all warranties, including but not limited to: merchantability, fitness for a particular purpose, non-infringement, security, error-free operation, uninterrupted service, absence of viruses or other harmful components.
16.2. Ecomtrack DOES NOT warrant:
16.3. You bear all risk associated with the selection, installation, and use of the Service and all resulting outcomes.
17.1. Aggregate liability cap: To the maximum extent permitted by applicable law, Ecomtrack's aggregate liability to You arising out of or relating to the Terms or the Service — whether in contract, tort, negligence, strict liability, or any other legal basis — is limited to the lowest amount permitted by applicable law.
17.2. Ecomtrack is NOT liable for any lost Videos, lost data, Device damage, or any damages arising from:
17.3. This limitation of liability applies even if Ecomtrack has been previously advised of the possibility of such damages and regardless of the legal basis of the claim.
17.4. Some jurisdictions do not allow the exclusion or limitation of certain liabilities. In such cases, Ecomtrack's liability will be limited to the maximum extent permitted by law.
17.5. The disclaimers and limitations in Sections 16 and 17 do not apply to: (a) liability of Ecomtrack that cannot be excluded or limited by agreement under law; (b) intentional misconduct or fraud of Ecomtrack; (c) breach of confidentiality obligations involving intentional misconduct or gross negligence.
You agree to indemnify, defend, and hold Ecomtrack, together with its shareholders, directors, employees, agents, contractors, and licensees, harmless from and against all claims, demands, losses, damages, liabilities, and expenses arising out of or related to:
18.1. Your breach of any provision of these Terms;
18.2. Your violation of law or third-party rights, including privacy, image rights, intellectual property rights, labor rights, and personal-data rights;
18.3. User Data You process, store, or transmit through the Service;
18.4. Your use of the Service for wrongful, unlawful purposes, or beyond the scope of the License;
18.5. Any dispute between You and Your staff, customers, partners, e-commerce marketplaces, or state authorities, whether or not related to the Service;
18.6. The conduct of Sub-accounts You create or manage;
18.7. The use of Videos as evidence leading to any legal consequences for You or any third party.
19.1. Fees for the Service, payment cycles, and payment methods are set out in the Service Plan You select at the time of registration or renewal.
19.2. Ecomtrack has full discretion to adjust fees, the structure of Service Plans, and payment policies at any time, with notice to You through channels of Ecomtrack's choosing. Your continued use of the Service after changes take effect is deemed acceptance.
19.3. All taxes, fees, and levies arising from Your use of the Service are for Your own account and You are responsible for declaring and paying them under applicable law, unless Ecomtrack agrees otherwise in writing.
19.4. Ecomtrack has the right to suspend or terminate the Account immediately in the event of late or non-payment, without further notice and without liability.
19.5. You are responsible for keeping a valid payment method on file. Ecomtrack is not responsible for Your loss of Service access due to a failed payment method, expired card, or bank-account issue.
20.1. The only exceptions for refund are:
20.2. Your payment is deemed confirmation that You have read, understood, and accepted this no-refund policy.
21.1. Ecomtrack has the right to suspend or terminate immediately Your access to the Service, without prior notice and without any liability, in the following cases:
21.2. You may terminate use of the Service at any time by ceasing renewal, uninstalling the Software, and sending a closure request to hello@ecomtrack.me.
21.3. Termination does not give rise to any refund obligation owed by Ecomtrack (see Section 20).
22.1. Upon termination of the Terms:
22.2. Provisions regarding intellectual property, indemnification, disclaimer of warranties, limitation of liability, governing law, dispute resolution, limitation period, ownership of Videos as evidence, and general provisions continue in effect after termination.
23.1. Ecomtrack is not responsible for any delay or failure to perform obligations due to events beyond its reasonable control, including but not limited to: natural disasters, fires, floods, earthquakes, epidemics, pandemics, war, terrorism, strikes, riots, political instability, Internet outages, electricity/telecom infrastructure failure, cyberattacks, acts of state authorities, international sanctions, or failures of third-party systems (cloud providers, payment gateways, e-commerce marketplaces).
23.2. During a force majeure event, affected obligations are suspended until the event ends, and the time for performance is extended accordingly.
23.3. If a force majeure event is prolonged, Ecomtrack has the right to terminate the Terms by notice to You without any liability in any form.
24.1. The Service may integrate, connect, or interact with third-party services such as Shopee, Lazada, TikTok Shop, Google, Firebase, cloud storage, payment services, or shipping services. These services are operated by third parties and governed by their own terms.
24.2. Ecomtrack DOES NOT control and is NOT responsible for the availability, content, policies, operations, security, quality, or reliability of third-party services. Your use of them is subject to those third parties' own terms and at Your own risk.
24.3. Ecomtrack's integration with or linking to third-party services does NOT imply Ecomtrack's endorsement, sponsorship, or responsibility for such third parties.
24.4. Third parties may change, restrict, or cease providing their services at any time, which may affect the Service's integration features. Ecomtrack is not responsible for such changes.
25.1. Ecomtrack may offer features in a testing, beta, alpha, pre-release, or preview stage ("Beta Features"). Beta Features are provided "as is", may contain bugs, and may be changed or removed at any time without notice.
25.2. Ecomtrack is NOT responsible for any damages arising from the use of Beta Features.
25.3. By using Beta Features, You agree to provide reasonable feedback on request and allow Ecomtrack to collect usage information for improvement purposes.
26.1. You undertake to comply with all applicable laws on:
26.2. You represent that You, Your directors, employees, representatives, and related parties are not on any sanctions list of persons or organizations.
26.3. You undertake not to use the Service to commit, assist, or conceal corruption, bribery, giving or receiving bribes, or similar acts.
26.4. Breach of this Section is grounds for Ecomtrack to terminate the Terms immediately and to report to the competent authorities.
27.1. Where Ecomtrack has a reasonable basis to suspect Your breach of the Terms or of law, Ecomtrack has the right to investigate, including by reviewing access logs, User Data stored on Ecomtrack's servers (excluding Videos on Your Device), transaction history, and related activity.
27.2. Upon lawful request from a court, police authority, tax authority, consumer-protection authority, personal-data protection authority, or any other competent state authority, Ecomtrack has the right to provide data and information within the scope of the request without prior notice to You, unless prohibited by law.
27.3. You undertake not to make any complaint or seek any compensation from Ecomtrack in relation to such cooperation, to the extent permitted by law.
28.1. These Terms are governed by and construed in accordance with the laws of the Socialist Republic of Vietnam, without regard to its conflict-of-laws rules.
28.2. For Users operating outside Vietnam, the application of Vietnamese law does not affect Your obligation to comply with mandatory laws of the country in which You reside or operate, particularly regarding personal-data protection, labor rights, and consumer rights.
29.1. Any dispute arising out of or relating to the Terms or the Service will first be resolved through good-faith negotiation and conciliation between the parties.
29.2. If the dispute is not resolved through negotiation, either party may file suit at the competent People's Court in the City of Hanoi, Vietnam. The parties agree to the exclusive jurisdiction of this court, regardless of the country in which You reside or operate.
29.3. The language of proceedings is Vietnamese. Any documents in another language must be translated into Vietnamese in accordance with applicable law.
29.4. Neither party may consolidate its dispute with that of a third party or participate in a class action. All disputes are resolved on an individual basis only.
30.1. Ecomtrack has the right to amend, update, or supplement these Terms at any time to reflect legal changes, Service changes, newly emerging risks, or to improve user experience, at Ecomtrack's sole discretion.
30.2. The amended Terms will be published on the Software or Ecomtrack's website, or sent to Your registered email, with the "Last updated" date updated accordingly.
30.3. Your continued use of the Service after the amended Terms are published is deemed Your acceptance of all changes.
30.4. If You do not agree with an amendment, Your only remedy is to stop using the Service and close the Account.
31.1. Ecomtrack has the right to use Your name and logo, as a customer, on its website, marketing materials, articles, and presentations, unless You request otherwise in writing to hello@ecomtrack.me.
31.2. Such use does not constitute a mutual endorsement or sponsorship and does not give rise to any payment obligation.
32.1. Any notice under the Terms is deemed validly given when:
32.2. You are responsible for maintaining a valid registered email and checking it regularly. A notice sent to Your registered email is deemed received by You.
33.1. Severability: If any provision of the Terms is held invalid, unlawful, or unenforceable by a competent authority, the remaining provisions remain in effect. The invalid provision will be amended to the minimum extent necessary to become effective and reflect the parties' original intent.
33.2. No waiver: Ecomtrack's failure to enforce any right or provision at any time is not a waiver of that right or provision at any future time. Any waiver must be in writing with a valid signature of Ecomtrack.
33.3. Assignment: You MUST NOT assign or delegate the Terms or any rights or obligations hereunder to any third party without Ecomtrack's written consent. Ecomtrack may assign the Terms, in whole or in part, to its affiliates, successors, acquirers, or merger partners, without Your consent. Any unauthorized assignment is void.
33.4. Relationship: The Terms do not create any agency, partnership, joint venture, employment, or fiduciary relationship between You and Ecomtrack. The parties are independent contractors.
33.5. Entire agreement: These Terms, together with the Privacy Policy and any additional agreements referenced herein, constitute the entire agreement between You and Ecomtrack concerning use of the Service, and supersede all prior agreements, communications, and proposals (oral or written).
33.6. Language: The Terms are drawn up in Vietnamese. Where Ecomtrack provides a translation into another language (English, Thai, etc.), the Vietnamese version is the official version and prevails in case of conflict in meaning.
33.7. Headings: Headings are for reference only and do not affect the content or interpretation of the provisions.
33.8. Third-party beneficiaries: Unless otherwise expressly stated, the Terms do not create any rights in favor of any third party other than Ecomtrack and You.
33.9. Electronic: You agree to receive notices, contracts, and invoices in electronic form and recognize their legal equivalence to paper documents.
Ecomtrack
Tax code: 0110401935
Email: hello@ecomtrack.me
Website: https://ecomtrack.me
By continuing to use the Service, You confirm that You have read, understood, and agree to all of these Terms of Use.