Terms and Conditions of Use

Reference draft — pending legal review. This content may change before it formally takes effect. If the English and Vietnamese versions differ, the Vietnamese version prevails.

Article 1. Service provider

NEXT OS is provided by:

• Company name: CÔNG TY CỔ PHẦN NEXT GROUP
• English name: NEXT GROUP JOINT STOCK COMPANY. Short name: NEXT GROUP
• Tax ID: 0316126288
• Address: No. 4, Street 14, Lakeview City Urban Area, Binh Trung Ward, Ho Chi Minh City, Vietnam
• Hotline / Zalo: 0978 996 579
• Email: hello@nextos.vn

Article 2. Scope and legal basis

1. These Terms govern how the Customer signs up for, trials, pays for and uses NEXT OS at app.nextos.vn and the nextos.vn website.
2. These Terms are based on the laws of Vietnam, including:
   • the Civil Code 2015;
   • the Law on Electronic Transactions No. 20/2023/QH15;
   • the Law on Consumer Rights Protection No. 19/2023/QH15;
   • the Law on Personal Data Protection No. 91/2025/QH15 and its implementing Decree 356/2025/ND-CP;
   • the Law on Cybersecurity No. 116/2025/QH15;
   • the Law on E-commerce No. 122/2025/QH15 and its implementing Decree 248/2026/ND-CP;
   • Decree 91/2020/ND-CP on fighting spam messages, spam email and spam calls;
   • Decree 123/2020/ND-CP on invoices and records, as amended by Decree 70/2025/ND-CP;
   • any documents amending, supplementing or replacing the above.
3. These Terms apply together with the Privacy Policy, the Refund Policy and the plan details on the Pricing page. If the Customer and NEXT sign a separate written contract, that contract prevails where it differs from these Terms.

Article 3. Definitions

In these Terms:

• NEXT, we, us: NEXT Group Joint Stock Company, named in Article 1.
• NEXT OS: the software-as-a-service (SaaS) platform for marketing, sales and customer care, accessed at app.nextos.vn, including the web app, mobile apps and related features.
• Service: NEXT OS, the nextos.vn website, the help center and the support and onboarding services NEXT provides under the Customer’s Plan.
• Customer, you: the organization, business, household business or individual that signs up to use the Service.
• User: a person the Customer authorizes to log in and work in the Account.
• Account: the Customer’s own workspace on NEXT OS, including sign-up details, Users, settings and Customer Data.
• Plan: the package of features, limits and fees the Customer chooses on the Pricing page or in a separate quote.
• Billing Period: the monthly or yearly cycle the Customer pays for in advance.
• Customer Data: all data the Customer or its Users put into or create in the Account, including contacts, conversations, orders, content, images, files and settings.
• End Customer: a person whose personal data is part of the Customer Data, such as the Customer’s buyers, contacts, students or patients.
• Personal Data, Personal Data Controller, Personal Data Processor: as defined in the Law on Personal Data Protection No. 91/2025/QH15.
• Usage-based Services: services charged per use or by volume, such as the NEXT AI wallet, Zalo ZNS messages, SMS, calls and email over the limit.
• Third Party: an organization or platform that is not NEXT, such as Zalo, Facebook, Google, carriers, banks and payment gateways.
• Business Day: Monday through Friday, excluding public holidays under Vietnamese law.

Article 4. Acceptance and formation

1. By clicking sign up, starting a trial, paying for or using the Service, the Customer confirms it has read, understood and agreed to these Terms. This agreement is an electronic transaction with legal effect under the Law on Electronic Transactions 2023.
2. A person signing up on behalf of an organization or business confirms they are legally authorized to bind it to these Terms.
3. An individual Customer must be at least 18 years old and have full legal capacity.

Article 5. Accounts

1. The Customer provides accurate, complete sign-up details and updates them when they change.
2. The Customer keeps passwords, verification codes and login devices secure, and is responsible for all activity in the Account.
3. The Customer grants and revokes User permissions and ensures Users comply with these Terms.
4. If the Customer notices unauthorized access or leaked login details, it notifies NEXT immediately through the channels in Article 25.

Article 6. 14-day free trial

1. New Customers can try NEXT OS free for 14 days. NEXT charges nothing up front and does not require a payment card for the trial.
2. Each business can take the trial once. NEXT may refuse repeat or apparently fraudulent trials.
3. During the trial, some Usage-based Services may have reduced limits.
4. If the Customer has not chosen a paid plan after 14 days, the Account is paused. Data is kept as set out in Article 13 so the Customer can continue.

Article 7. Plans, fees and payment

1. The price, features and limits of each Plan are published on the Pricing page at the time of sign-up, or set out in a separate quote from NEXT.
2. Fees are paid in advance for each monthly or yearly Billing Period, using the payment methods available at checkout (bank transfer, QR code, card).
3. Plans renew automatically at the end of each Billing Period unless the Customer cancels renewal before the renewal date. The Customer can cancel renewal at any time and keeps using the Service until the end of the paid period.
4. The Customer can upgrade or downgrade. How the change is billed is shown before the Customer confirms.
5. NEXT gives at least 30 days’ notice of any price change. New prices apply from the next Billing Period, not to periods already paid.
6. If payment is overdue, NEXT sends reminders by email or in the app. If payment is still not made by the deadline in the notice, NEXT may suspend the Account under Article 18.

Article 8. VAT invoices

1. NEXT issues electronic value-added tax (VAT) invoices for fees the Customer has paid, for both monthly and yearly plans, under Decree 123/2020/ND-CP as amended by Decree 70/2025/ND-CP.
2. Whether prices include VAT is shown clearly at checkout.
3. The Customer provides the correct entity name, tax ID, address and invoice email. Invoices that are wrong because of details the Customer provided are adjusted or replaced under invoicing regulations.

Article 9. Refunds

Summary (see the Refund Policy for details and how to request a refund):

1. 14-day free trial, nothing charged up front.
2. The first payment is refunded 100% of the plan fee if the Customer asks within 7 days of payment.
3. Yearly plans: within the first 90 days, unused months are refunded at the listed monthly price.
4. Automatic renewal periods are not refunded; the Customer keeps using the Service until the end of the paid period.
5. Completed onboarding work, Usage-based Services already used and Third-Party fees are not refunded.
6. Refunds are paid within 14 Business Days at most after NEXT receives a valid request.

Article 10. Usage-based Services

1. Some services, such as the NEXT AI wallet, Zalo ZNS messages, SMS, calls and email over the limit, are charged per use because their cost depends on carriers, platforms or AI models.
2. Unit prices are shown before the Customer turns a service on. The Customer can set a monthly spending limit.
3. Wallet top-ups can be used while the Account is active; amounts already used are not refunded.

Article 11. Customer Data belongs to the Customer

1. Customer Data is owned and managed by the Customer. NEXT does not sell or rent Customer Data.
2. NEXT only accesses and uses Customer Data to provide, maintain, secure and support the Service, as the Customer instructs, or as lawfully required by a competent government authority.
3. The Customer allows NEXT to use aggregated, anonymized statistics that cannot identify the Customer or End Customers to operate and improve the Service.

Article 12. Personal data processing

1. Roles. For End Customers’ personal data within the Customer Data, the Customer is the Personal Data Controller (deciding the purposes and means of processing) and NEXT is the Personal Data Processor (processing on the Customer’s instructions under these Terms). For the personal data of the Customer and its Users collected at sign-up, payment and contact, NEXT processes it under the Privacy Policy.
2. Customer responsibilities. The Customer ensures it has a lawful basis, including End Customers’ consent where the law requires it, before collecting, entering and processing personal data in NEXT OS; informs End Customers about the processing; receives and handles End Customers’ requests (access, correction, deletion, withdrawal of consent); and prepares the records required by the Law on Personal Data Protection where applicable.
3. NEXT responsibilities. NEXT:
   • only processes personal data on the Customer’s instructions and to the extent needed to provide the Service;
   • applies appropriate organizational and technical measures to protect the data;
   • requires staff with access to the data to keep it confidential;
   • notifies the Customer without undue delay on discovering an incident affecting personal data in the Account;
   • helps the Customer, within the Service’s technical capabilities, respond to requests from End Customers and competent authorities;
   • deletes or returns data when the Service ends, as set out in Article 13.
4. Sub-processors. To provide the Service, NEXT uses cloud infrastructure providers and technical platforms. Data may be stored and processed on infrastructure located outside Vietnam. NEXT requires these parties to protect data to a standard no lower than these Terms and completes the procedures required by law for transferring personal data abroad.
5. When the Customer connects NEXT OS to a Third Party (Zalo, Facebook, Google, etc.), data exchanged with that Third Party follows the Customer’s choices and the Third Party’s terms.

Article 13. Retention, export and deletion when you stop using the Service

1. While using the Service, the Customer can export data with the tools built into NEXT OS. For data types without an export tool, NEXT helps on request, within the Service’s technical capabilities.
2. When a trial ends without payment, a Plan expires without renewal or the Service is terminated, the Account is locked and Customer Data is kept for another 30 days. During this time, the Customer can renew to reopen the Account or ask NEXT for help exporting data.
3. After 30 days, NEXT deletes Customer Data from production systems. Backups are deleted on the backup cycle. Deleted data cannot be recovered.
4. The Customer can request earlier deletion in writing or by email from the Account’s admin email address.
5. NEXT may keep the transaction, invoice and accounting records required by accounting and tax law for the periods the law sets, or when a competent authority requires it.

Article 14. Fair use and prohibited content

1. Fair use. NEXT OS runs on shared infrastructure. The Customer uses the Service within its Plan limits. If unusual usage affects the system or other customers, NEXT may apply temporary limits and will notify the Customer.
2. Prohibited conduct. The Customer and its Users must not use the Service to:
   • send marketing messages, emails or calls to people who have not agreed to receive them or have opted out, in breach of rules on spam messages, spam email and spam calls;
   • commit fraud, impersonate other organizations or people, advertise falsely or run illegal multi-level marketing;
   • post or send content that violates Vietnamese law, including content prohibited under the Law on Cybersecurity, obscene content, gambling, incitement to violence, or content that insults others’ honor or dignity;
   • sell or advertise goods or services that are banned or that the Customer is not licensed to offer;
   • collect, buy, sell or transfer personal data unlawfully;
   • infringe others’ intellectual property rights;
   • spread malware, attack, scan or overload the system, or try to access other customers’ Accounts or data;
   • copy, reverse engineer, resell or sublicense the Service without a written agreement with NEXT;
   • breach the terms of connected Third Parties, such as Zalo, Facebook or Google policies.
3. The Customer is responsible for content it and its Users create and send through the Service, including content made with AI tools.

Article 15. Third-party services and platforms

1. NEXT OS connects to Third Parties such as Zalo, Facebook, Google, Zoom, carriers and payment gateways. These connections are governed by the Third Parties’ terms and policies.
2. NEXT is not responsible when a Third Party changes, limits, suspends or ends a feature, or locks the Customer’s account on its platform.
3. Fees charged by Third Parties (domains, phone numbers, ZNS messages, advertising, etc.) are paid by the Customer at the unit prices shown in advance.

Article 16. Intellectual property

1. NEXT OS, the NEXT brand, interface, source code, templates and documentation belong to NEXT or its licensors.
2. The Customer has a non-exclusive, non-transferable right to use the Service for the term of its Plan.
3. Content the Customer builds from templates (pages, funnels, emails, etc.) may be used for the Customer’s own business. The Customer may not resell or redistribute the template set itself without a written agreement.
4. NEXT may use feedback the Customer sends about the Service to improve the product, with no payment obligation.

Article 17. Operation, maintenance and support

1. NEXT makes reasonable efforts to keep the Service running continuously and reliably.
2. NEXT may maintain and upgrade the system. Planned maintenance is announced in advance where possible; emergency maintenance to fix incidents or security vulnerabilities may happen immediately.
3. NEXT may change or add features. Before removing a main feature of a Plan in use, NEXT gives notice.
4. If the Service is interrupted for more than 24 consecutive hours due to NEXT’s fault, the Customer receives extra days of use or a matching refund under the Refund Policy.
5. Support channels and business hours are published on the Contact page.

Article 18. Suspension

1. NEXT may suspend all or part of an Account when:
   • the Customer’s payment is overdue after reminders;
   • the Customer breaches Article 14, especially by sending spam, committing fraud or spreading unlawful content;
   • the Account appears compromised or puts the system or other customers at risk;
   • a competent government authority requires it.
2. NEXT tells the Customer the reason. Where immediate action is needed to prevent harm, NEXT suspends first and notifies afterward.
3. NEXT reopens the Account once the cause of suspension has been resolved.

Article 19. Termination

1. The Customer can stop using the Service at any time by canceling renewal. The Service ends at the end of the paid Billing Period.
2. NEXT may terminate the Service if the Customer seriously breaches these Terms and does not fix the breach by the deadline in the notice, or repeats the breach.
3. Fees for the current period are not refunded when an Account is terminated for a breach.
4. If NEXT stops providing the Service for reasons other than the Customer’s fault, NEXT gives at least 30 days’ notice and refunds fees for the unused period.
5. After termination, data is handled under Article 13. Provisions on outstanding payments, intellectual property, limitation of liability and dispute resolution remain in effect.

Article 20. Limitation of liability

1. The Service is provided as is and as described in the Plan. NEXT does not guarantee the Service fits every specific purpose of the Customer or is error-free.
2. To the extent permitted by Vietnamese law, NEXT’s total liability to each Customer will not exceed the total fees the Customer paid NEXT in the 12 months before the event giving rise to liability.
3. NEXT is not liable for indirect losses such as lost profits, lost revenue or lost business opportunities, or for losses caused by the Customer, its Users or Third Parties.
4. The limits in clauses 2 and 3 do not apply where the law does not allow liability to be limited or excluded, including losses caused by NEXT’s intentional fault and consumers’ rights under the Law on Consumer Rights Protection.
5. The Customer compensates NEXT for losses and reasonable costs arising from the Customer’s breach of Article 12 or Article 14.

Article 21. Force majeure

1. A force majeure event is an event that occurs objectively, cannot be foreseen and cannot be overcome despite all necessary measures, as defined in the Civil Code 2015. Examples include natural disasters, epidemics, war, fire, widespread cable or internet infrastructure failures and decisions of government authorities.
2. The affected party notifies the other party as soon as possible and takes reasonable steps to limit losses.
3. The affected party is not considered in breach of its obligations while the event continues.

Article 22. Governing law and disputes

1. These Terms are governed by and interpreted under the laws of Vietnam.
2. Disputes are first resolved through negotiation and mediation. If no agreement is reached within 30 days after one party requests negotiation, either party may bring the dispute before the competent People’s Court in Ho Chi Minh City.
3. If the Customer is a consumer under the Law on Consumer Rights Protection, the consumer’s right to choose the method and place of dispute resolution under that law is preserved.

Article 23. Changes to these Terms

1. NEXT may amend these Terms. The version and last updated date appear at the top of this page.
2. Material changes are announced to the Customer by email or in the app at least 15 days before they take effect.
3. If the Customer does not agree with a change, it can stop using the Service before the effective date. Continuing to use the Service after that date means the Customer accepts the new Terms.

Article 24. Effect and language

1. These Terms take effect on the date shown at the top of this page.
2. If any article or clause is held invalid, the rest remains in effect.
3. These Terms are made in Vietnamese and English. If the two versions differ, the Vietnamese version prevails.

Article 25. Contact

Send any questions, notices or requests about these Terms to:

• NEXT GROUP JOINT STOCK COMPANY (CÔNG TY CỔ PHẦN NEXT GROUP)
• Address: No. 4, Street 14, Lakeview City Urban Area, Binh Trung Ward, Ho Chi Minh City, Vietnam
• Hotline / Zalo: 0978 996 579
• Email: hello@nextos.vn