Terms of Service

By accessing or using BANA, you agree to comply with these Terms, our Privacy Policy, and any additional guidelines or policies referenced herein. These Terms apply to all users of the platform, including business owners, authorised employees, administrators, and any person accessing the platform on behalf of an organisation.

If you register and use the service on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" refer to both the individual user and the entity on whose behalf the account is maintained.

These Terms constitute a legally binding agreement in the form of an electronic contract in compliance with the Law on Electronic Transactions No. 20/2023/QH15, effective from the date you first access the platform or create an account, whichever occurs earlier.

To use BANA, you must create an account and provide complete, accurate, and up-to-date information. You are responsible for:

• Keeping your login credentials (username, password, OTP codes) secure and not sharing them with anyone outside your authorised team.
• Notifying us immediately at support@bana.com.vn upon discovering any unauthorised access or security breach affecting your account.
• All activities that occur under your account, whether or not expressly authorised by you.
• Keeping your account information, including business registration details and contact information, current and accurate at all times.

We reserve the right to refuse registration, suspend, or terminate an account if the information provided is inaccurate or misleading, if these Terms are violated, if the account poses a security risk to the platform, or as required by applicable Vietnamese law.

You may use BANA only for lawful business purposes and in accordance with these Terms. You agree not to:

• Use the service for any illegal, fraudulent, or unethical purpose, including but not limited to money laundering, tax evasion, or the sale of prohibited goods.
• Intentionally damage, disable, overload, or compromise the integrity of the platform or any related systems, including through denial-of-service attacks.
• Post, transmit, or distribute content that is unlawful, harmful, defamatory, or infringes upon third-party intellectual property rights.
• Use automated means (bots, scrapers, crawlers) to access or harvest data from the platform without our prior written consent.
• Attempt to reverse-engineer, decompile, disassemble, or extract source code from any part of the platform.
• Resell, sublicense, lease, or transfer access rights to the service to any third party without our prior written consent.
• Circumvent or attempt to circumvent any security measures, access controls, or usage limits implemented on the platform.

We reserve the right to monitor usage of the service to ensure compliance with these Terms and applicable law, and to take corrective action — including suspension or termination — if violations are detected.

BANA offers service plans at various price points, each with defined feature sets and usage limits. By selecting a paid plan, you agree to the following:

• Paid plans are billed in advance on a monthly or annual basis, depending on your selected billing cycle. Annual plans may offer a discounted rate compared to monthly billing.
• We may adjust service pricing with at least 30 days' prior written notice. New pricing applies from the next renewal cycle and does not affect the current billing period.
• You are responsible for timely payment of all fees. Late or failed payments may result in suspension or restriction of access to the service after a 7-day grace period and written reminder.
• Unless otherwise stated, fees already paid are non-refundable, including in the event of early cancellation, downgrade, or termination within a current billing period.

You are responsible for all applicable taxes, duties, and government levies imposed under Vietnamese law in connection with your use of the service, including but not limited to value-added tax (VAT) as prescribed by the Law on Value-Added Tax. BANA invoices will include applicable VAT where required. If your business qualifies for a tax exemption, you must provide valid documentation to support@bana.com.vn prior to the billing date.

BANA targets a platform availability of 99.9% measured on a monthly basis, excluding scheduled maintenance windows. This target reflects our operational commitment and does not constitute a legal guarantee of uninterrupted service.

Scheduled maintenance will be communicated at least 48 hours in advance via email and in-platform notification. Where feasible, maintenance is performed during off-peak hours (between 01:00 and 05:00 ICT) to minimise disruption to your business operations.

BANA shall not be held liable for service interruptions caused by force majeure events, including but not limited to natural disasters, widespread power outages, telecommunications failures, government actions, pandemics, or large-scale cyberattacks beyond our reasonable control.

In the event that monthly platform availability falls below 99.9% due to causes within our control, affected customers on paid plans may request a service credit. Credit requests must be submitted in writing within 30 days of the incident. Service credits are applied to future billing periods and do not exceed the equivalent of one month's subscription fee.

Business data you enter into BANA — including products, orders, customers, employees, and financial records — belongs to you. We process this data solely to provide, maintain, and improve the service, and in accordance with our Privacy Policy.

• Backups: We perform regular automated backups to protect your data. However, you should maintain your own copies of critical business information as a best practice.
• Data export: You may export your data at any time using the built-in export functionality on the platform, in standard formats (CSV, JSON).
• Data deletion: Upon account termination, your data is retained for 30 days to allow export, then permanently deleted — except where retention is required by law (see Data Processing & Privacy section below).
• Aggregated data: We may use anonymised, aggregated data that does not identify you or your customers to improve our services, conduct market research, and generate industry benchmarks.

In accordance with Vietnamese data localisation requirements under the Cybersecurity Law (Law No. 24/2018/QH14, Article 26(3)) and Decree No. 53/2022/ND-CP, all primary data storage and processing for the BANA platform occurs within the territory of Vietnam. Personal data protection complies with the Personal Data Protection Law No. 91/2025/QH15 and Decree No. 356/2025/ND-CP. Where data must be transferred internationally for operational purposes (such as third-party service integrations), we implement appropriate safeguards pursuant to Article 20 of Law 91/2025/QH15, as described in our Privacy Policy.

The BANA platform — including its software, user interface, design, documentation, APIs, and all original content — is owned by Nexpando and is protected by Vietnamese intellectual property law (Law on Intellectual Property No. 50/2005/QH11, as amended by Law No. 07/2022/QH15) and applicable international treaties. All rights not expressly granted herein are reserved.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use BANA within the scope of these Terms and your active subscription. This licence does not include the right to copy, distribute, modify, publicly display, or create derivative works from any part of the platform.

Content you create on the platform — including product data, customer information, transaction records, and business reports — remains your property. By using the service, you grant us only those licences strictly necessary to host, process, and display your content in the course of providing the service.

The BANA service is provided on an "as is" and "as available" basis. To the maximum extent permitted by Vietnamese law, Nexpando disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Nexpando is not liable for:

• Indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the service.
• Loss of revenue, profit, business data, business opportunity, or brand reputation, even if advised of the possibility of such loss.
• The actions, omissions, or content of third parties, including external services, payment processors, or hardware vendors integrated with the platform.
• Events constituting force majeure as described in the Service Level & Availability section above.

In all cases, Nexpando's maximum aggregate liability for any and all claims arising out of or related to these Terms or the service shall not exceed the total service fees you actually paid to BANA during the 12 months immediately preceding the date the claim arose.

You may cancel your account at any time through your account settings or by contacting support@bana.com.vn. Upon cancellation, your access to the service continues until the end of the current billing period, after which your account is deactivated.

We reserve the right to suspend or terminate your account immediately, without prior notice, if:

• You materially violate any provision of these Terms.
• You fail to pay service fees on time after a 7-day grace period and written reminder.
• We have reasonable grounds to believe the account is being used for fraudulent, unlawful, or harmful activity.
• Continued provision of the service to your account would pose a security risk to the platform or other users.
• Required by order of a competent Vietnamese government authority or court.

Following termination due to a violation of these Terms, we are under no obligation to refund any fees already paid. Upon termination for any reason, the provisions of these Terms that by their nature should survive (including sections on Intellectual Property, Limitation of Liability, Indemnification, and Disputes & Governing Law) shall continue in full force and effect.

BANA may integrate with or provide connectivity to third-party services, including but not limited to payment processors (such as VNPAY, Momo, and ZaloPay), hardware vendors (receipt printers, barcode scanners, cash drawers), accounting software, and delivery platforms. These integrations are provided for your convenience and are subject to the terms and conditions of the respective third-party providers.

Nexpando does not control, endorse, or assume responsibility for the availability, accuracy, security, or practices of any third-party service. We are not liable for any loss, damage, or disruption caused by:

• Failures, outages, or errors in third-party services or hardware.
• Changes to third-party APIs, pricing, or terms that affect integration functionality.
• Data processing practices of third-party providers once your data has been transmitted to their systems.

You are responsible for reviewing and accepting the terms of any third-party service you choose to integrate with BANA. We recommend evaluating each provider's data handling and security practices before enabling an integration.

You agree to indemnify, defend, and hold harmless Nexpando, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the BANA platform in violation of these Terms or applicable law.
• Any fraudulent, illegal, or unauthorised activity conducted through your account.
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual obligations.
• Any content, data, or materials you upload, transmit, or make available through the platform.
• Your failure to comply with applicable Vietnamese tax, labour, or commercial regulations in connection with your use of the service.

This indemnification obligation survives the termination of your account and these Terms. Nexpando reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence of such claim.

When you use BANA to manage your business operations, you may input personal data of your customers, employees, and business partners into the platform. In this context, you act as the data controller and Nexpando acts as the data processor, processing such data solely on your behalf and in accordance with your instructions as expressed through your use of the platform.

As a data processor, Nexpando commits to:

• Processing personal data only for the purposes of providing and maintaining the BANA service.
• Implementing appropriate technical and organisational security measures to protect personal data, as detailed in our Security page.
• Not disclosing personal data to third parties except as necessary to provide the service, as required by law, or with your prior consent.
• Assisting you in fulfilling data subject access requests and other obligations under applicable data protection law.
• Deleting or returning all personal data upon termination of the service, subject to any legally mandated retention periods.

Both parties agree to comply with the Personal Data Protection Law No. 91/2025/QH15 and Decree No. 356/2025/ND-CP. You are responsible for ensuring that you have obtained all necessary consents from your customers and employees before inputting their personal data into BANA, in compliance with Article 9 of Law 91/2025/QH15 on consent. For full details on how we handle data, please refer to our Privacy Policy.

We may update these Terms from time to time to reflect changes in our services, applicable law, or business practices. For material changes — including modifications to pricing, liability provisions, or data handling practices — we will notify you by email at the address associated with your account at least 30 days before the changes take effect.

Non-material changes (such as typographical corrections or clarifications that do not alter the substance of the Terms) may be made at any time and will be indicated by an updated "Last updated" date on this page.

Your continued use of the BANA platform after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of the service and cancel your account before the effective date.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall first be addressed through good-faith negotiation between the parties. The parties shall have 30 days from the date one party delivers written notice of the dispute to the other to reach a mutually acceptable resolution.

If a dispute cannot be resolved through negotiation within the period specified above, it shall be submitted to the competent People's Court in Ho Chi Minh City, Vietnam, for resolution in accordance with applicable Vietnamese law.

These Terms are governed by and construed in accordance with the laws of the Socialist Republic of Vietnam. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

If you have any questions about these Terms, please contact us:

• Email: support@bana.com.vn
• Hotline: (+84) 326 205 555
• Responsible entity: Nexpando

We are committed to responding to all enquiries within 5 business days.