TERMS AND CONDITIONS OF APPLICATION USE

The TOMOTA software, operating under the domain https://fms.tomota.vn and as the mobile application Tomota on iOS and Android, is officially available for direct download from the web, Google Play, or the App Store ("Application"). This Application is owned and maintained by Otanics Technology Joint Stock Company.

By downloading, accessing, and using this Application, you confirm that you have fully understood and agree to be bound by all the provisions of these terms and conditions of use by Otanics Technology Joint Stock Company ("Terms of Use").

If you do not agree with any provision in these Terms of Use, please remove the Application from all your devices.

1. Definitions and Explanation of Terms

In these Terms of Use, the following terms have the following meanings:

"Otanics": is Otanics Technology Joint Stock Company, established and operating under the Business Registration Certificate No. 2001337329 issued by the Department of Planning and Investment of Ca Mau Province on October 2, 2020; headquartered in Ca Mau.


"User": is an individual who registers, creates an account, uses the Application on the website https://fms.tomota.vn. Tomota application and is accepted by Otanics for that registration; those who visit and seek information on the website https://fms.tomota.vn. Tomota application.


"Username": is the username or phone number or email registered by the User and accepted by Otanics to access, use the Application and other electronic information pages of Otanics, except in cases where Otanics has other regulations.


"Password": includes all passwords, phrases, codes, digits, or other forms of identification, authentication provided by the User to Otanics to be able to log in, use the Application along with the Username.

2. Scope of Application

2.1. These Terms of Use apply to the use of the Application, the official version running on Otanics' server under the official domain name https://fms.tomota.vn and the Tomota application on the Android and iOS operating systems. Otanics will maintain the electronic information page https://fms.tomota.vn and other sub-domains as a service provided to Users.

2.2. Otanics may change, adjust these Terms of Use and publicly announce them on the system as soon as they are approved. Users can view the latest updated information at any time on the website https://fms.tomota.vn. Tomota application. If the User continues to use the Application, it means that the User accepts and agrees to comply with the latest updated Terms of Use.

2.3. In case any content of these Terms of Use becomes invalid or unenforceable for any reason, it will only affect the content that has been determined to be invalid and will not affect the validity of the remaining terms. If there is a difference between these Terms of Use and other service usage agreements of Otanics (if any), the latest regulations will take effect.

2.4. Any violation by the User of these Terms of Use may result in the suspension or termination of the User's account, services, or other permitted activities under these Terms of Use.

3. User's Responsibilities and Commitments

By registering, accessing, and using the Application, the User confirms, commits, and agrees that:

 
3.1. They allow Otanics to collect and process their information ("User Information"), including:

- Full name, email address, phone number.

- Business name, enterprise, tax code, address.

- The User's current location with their consent.

- Information about their ponds, farming areas, farming logs, food, supplies used during farming, and/or any other information provided by the User to Otanics and/or posted/input during the registration and use of the Application (including images, videos).

- Information about the device on which the Application is installed, and the version of the Application that the User is using on those devices.

 
3.2. They allow Otanics to have full rights to use, aggregate, analyze, transfer, and store this User Information to:

- Serve the provision of services, improve the Application system, and personalize the User experience.

- Send advertising information, promotions if the User accepts this term while registering.

- Authenticate the User, prevent activities that destroy the User's account or impersonate the User.

- Contact the User to resolve any special issues that arise.

 
3.3. They are responsible for the correctness, accuracy, and legality of the User Information provided through the Application.

 
3.4. They comply with the terms of the Apple App Store and Google Play regarding services, including usage rules.

 
3.5. They pay the Application usage fee (if any) on time as requested by Otanics.

 
3.6. They do not perform the following actions when accessing and using the Application:

- Impact, modify the structure, content, or any other element of and/or related to the Application, including but not limited to web pages or software related to Otanics or other services displayed on the Application that the User is not allowed to access, except for information that the User is allowed to enter into the Application.

- Upload or transmit any messages, information, data, text, software, images, or content ("Materials") that are illegal, or that may infringe on the privacy rights of others.

- Upload or introduce files containing viruses, malicious code (trojan horses), worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of a computer or the property of others.

- Remove any authority of Otanics/third-party service providers of Otanics, legal notices, or proprietary symbols or labels to upload any communication features.

- Upload or transmit any advertisements, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, commercial or otherwise.

- Upload or transmit any Materials that infringe on the patent, trademark, service mark, trade secret, or other proprietary rights of any third party.

- Delete or modify any Materials posted or input by any other individual or organization. 

4. User's Obligation to Secure Information

4.1. The User understands and agrees to keep their Username and Password, and other authentication methods such as fingerprint authentication / touch ID, facial recognition, or biometric identifiers, device unlock codes (if any) confidential and secure, and to take necessary, reasonable measures to prevent unauthorized use of the Username and Password.

 
4.2. The User is solely responsible for requesting Otanics to replace if the previously issued Username and Password are lost or can no longer perform their function.

 
4.3. The User must immediately notify Otanics of any unauthorized access to the Application that the User knows, suspects, or if the User suspects someone knows their Username and Password to access the Application.

 
4.4. The User also has the responsibility to secure information on the Application according to the correct policies, regulations related to information security issued by Otanics at each point in time. 

4.5. User want to delete account and user data can follow Delete Account Tutorial

5. Otanics' Disclaimer of Liability

5.1. Otanics provides the Application primarily to assist Users in managing their livestock farms. Therefore, Otanics does not intervene or assume responsibility for any aspects of the User's farming activities such as: the User's customers, goods, quality of goods, livestock that the User is trading or producing, etc. Furthermore, Otanics is not responsible for any complaints or claims from Users or any third parties reflecting on the content of the User's production, sales, or farming activities.


5.2. The User acknowledges that the information exchanged between Otanics and the User via the Application may be subject to interruptions, obstructions, or could be affected by factors such as transmission quality, network system quality, computer viruses, or other disruptions caused by external attacks or inaccuracies due to causes beyond Otanics' control. Otanics does not guarantee or assert that the information provided on the Application is entirely accurate, complete, or up-to-date. If the User questions the accuracy of the information provided on the Application, or if the information does not align with what the User knows, the User should contact Otanics for assistance.


5.3. Otanics will not be responsible for any loss or damage to the User's data, software, computer, telecommunications equipment, or other devices related to the use of the Application.


5.4. The User agrees and understands that Otanics is not responsible for any inaccuracies in the information provided through the Application. Otanics reserves the right to adjust, change, supplement this information at any time.


5.5. The Application may link to other electronic information pages that are not under Otanics' control. As such, Otanics does not assume responsibility for the content on these external information pages and does not endorse or approve the content posted on these sites. The User acknowledges and agrees to assume all risks associated with accessing these external information pages.


5.6. Under no circumstances will Otanics be liable to the User for any loss, whether direct or indirect, that the User may incur arising from and/or related to the use of the Application.


5.7. In the event that a state agency requires the provision of User Information in accordance with the law, Otanics is obligated to provide the information as required and is exempted from liability for disclosing User Information 

6. Intellectual Property

6.1 All content, information, images, text provided on the Application are owned by Otanics (including but not limited to source code; data contained in the Application; modifications, additions, updates of the Application; and related instruction materials (if any).

6.2 No individual or organization is permitted to copy, reproduce, distribute, use, or in any other way infringe upon the ownership rights of Otanics, unless expressly authorized in writing by Otanics. If such infringement is detected, Otanics reserves the right to seek compensation for copyright infringement. 

7. Change/Suspension/Discontinuation of the Application

7.1. Otanics reserves the right to modify, temporarily suspend, or cease providing the Application without notice and/or the User's consent if Otanics has grounds or suspects that the User is in violation of the Terms of Use, legal regulations, or any activity of the User when using the Application that Otanics perceives could potentially affect the safety of Otanics, the rights, and legitimate interests of the community, other organizations, or individuals.

 
In such cases, to continue using the Application, the User must provide information for Otanics to verify and/or make commitments to continue using the Application. If the situation is deemed serious, Otanics reserves the right to seek the intervention of competent state agencies or specialized units to ensure the legal rights and interests of Otanics as well as the community.

 
7.2. Otanics will make reasonable efforts to timely notify the User through the Application and/or (the) electronic information pages of Otanics if the Application is interrupted or not available for the User to use.

 
7.3. Otanics may temporarily suspend or cease providing the Application for periodic, irregular maintenance or repair, or in emergency situations. In such cases, Otanics will, to the best of its ability, notify the User within a reasonable timeframe before temporarily suspending or ceasing the provision of the Application. The notification may be made through public announcements on Otanics' electronic information pages and/or via the email address that the User has provided/registered with Otanics.

 
7.4. The User has the right to check, update, adjust, and/or cancel the information provided through the Application by logging into the account and editing or canceling the account, or can directly contact Otanics for support. 

8. Penalties and Compensation

8.1. In the event that the User commits any violation in using the Application, in addition to being prohibited from continuing to use the Application, the User will be subject to measures/penalties for the violation as stipulated by Otanics at each point in time and in accordance with the law.

 
8.2. The User will compensate and keep Otanics free from any legal liability, loss, damage that Otanics may incur as a result of the User's non-compliance or violation in using the Application. In all cases, Otanics will not be responsible for compensating for damages resulting from the User's violations. 

9. Dispute Resolution, Complaints, and Queries

9.1. Methods of receiving queries and complaints
For any suggestions, queries, or complaints, please reach out to Otanics through the following methods:
- Send an email to: support@tomota.vn
- Call our hotline: +84 899 866 682
- Or directly contact Otanics at: 21 Le Qui Don Street, District 3, Ho Chi Minh City, Vietnam

9.2. Depending on the complexity of the complaint, Otanics will respond within an appropriate time frame. We strive to resolve all user complaints as quickly as possible, with a spirit of negotiation, reconciliation, respect, and mutual benefit.

 
9.3. During the use of the Application, if a dispute arises between the User and Otanics, both parties will seek to negotiate and reconcile in a friendly manner. If reconciliation is not possible, the dispute will be brought to a competent court in Vietnam for resolution.