Terms of Use

1General Provisions

1.1. Scope of Application

These Terms of Use (the "Terms") set out the technical and legal rules applicable to any individual or organization accessing, connecting to, interacting with, or using the resources of the UP — Unified Platform (the "Platform" or "UP"), funded and operated by ASIF Foundation.

1.2. Acceptance of Terms

By accessing and using UP, users confirm that they have read, understood and agree to comply with these Terms. If a user does not accept any provision of these Terms, they must immediately discontinue accessing and using the Platform.

1.3. Relationship with the Memorandum of Agreement (MOA)

A member organization's use of UP is governed overall by the Memorandum of Agreement (MOA) signed between ASIF Foundation and the member organization. These Terms serve as a specialized technical supplement setting out detailed rules of conduct and responsibility within the UP software application's digital environment. Where there is a direct conflict between commitments in the MOA and these Terms, the provisions of the MOA shall prevail.

1.4. Updates and Amendments to the Terms

ASIF Foundation reserves the right to proactively adjust and update these Terms to reflect changes in technology, system features, or legal requirements. An updated version will be communicated to the organization's Administrator Account via email or an in-app notification before it takes effect.

2Definitions

In these Terms, the following terms shall have the following meanings:

3Permitted Scope of Use

3.1. Purpose of Use

UP is licensed on a non-exclusive, non-transferable basis solely for the internal, non-commercial governance purposes of a member organization, including:

• Managing projects and program activities
• Managing finances, budgets and reporting
• Managing personnel and volunteers
• Managing donors and partnership relationships
• Managing beneficiaries
• Tracking and evaluating social impact
• Producing reports and increasing operational transparency

3.2. Who May Be Granted Access

Application access is limited to official staff, volunteers authorized in writing, or business partners for whom the organization's Admin directly initiates an identified account configuration on the system.

3.3. Compliance with the Operating Environment

End users must access the application only through the officially provided standard interfaces (Web/App), and must strictly comply with the organization's internal information-security rules and Vietnam's applicable cybersecurity laws.

4Rights and Obligations of the Parties

4.1. Rights of the Member Organization

The member organization is entitled to use the full set of standard software features within the scope granted under its MOA configuration, and to proactively retrieve, export and delete data it owns under normal system operation.

4.2. Obligations of the Member Organization

The member organization bears absolute legal and technical responsibility for the accuracy and lawfulness of all data entered into the system by its personnel; must monitor and control access by accounts under its management; and must cooperate closely with ASIF Foundation on technical procedures in the event of a security incident.

4.3. Rights of ASIF Foundation

ASIF Foundation retains the right to coordinate system resources, take technical measures to monitor overall performance and optimize resource configuration; and may suspend access for one or all accounts of a member organization upon detecting signs of a cyberattack or a serious violation of these Terms, in order to protect the safety of the entire core system.

4.4. Obligations of ASIF Foundation

ASIF Foundation will hand over administrative rights to the Organization Admin within the agreed timeframe; make reasonable efforts to maintain infrastructure connectivity within its operational control; and apply data-safety and infrastructure-security measures consistent with the principles set out in the UP Platform's Security and Data Protection Policy.

5User Account Rules

5.1. Account Creation

UP user accounts are created by the Organization Admin through the following methods:

• Registering a new account with a corporate email address
• Single Sign-On (SSO) integration with Microsoft 365
• Invitation by email from the Organization Admin

5.2. Account Security Responsibilities

Users are responsible for:

• Setting a strong password and changing it when necessary
• Enabling multi-factor authentication (MFA) when required
• Never sharing login credentials with anyone
• Logging out when using a shared or public computer
• Reporting immediately if an account is suspected of being compromised
• Never using another person's account

5.3. Access Control

User access is granted under the "least privilege" principle — only the permissions necessary for the job are granted. The Organization Admin bears primary responsibility for assigning appropriate permissions.

5.4. Account Suspension

An account may be suspended in the following cases:

• Violation of these Terms of Use
• Detection of abnormal or suspicious activity
• At the request of the Organization Admin
• The user is no longer part of the member organization
• The account has been inactive for an extended period

6Prohibited Conduct

When using UP, users must NOT engage in the following conduct:

6.1. Legal and Ethical Violations

• Using UP for activities that violate Vietnamese law
• Storing or sharing unlawful content
• Fraud, deception, or other unlawful acts
• Violating another individual's right to privacy
• Using UP in a way that harms the reputation, honor, or personal data of another party

6.2. Security Violations

• Attempting unauthorized access to another organization's system or data
• Attacking or sabotaging the Platform (DDoS, hacking, viruses, malware, etc.)
• Using another person's account without authorization
• Sharing login credentials with an unauthorized third party
• Disclosing confidential information about the Platform
• Attempting to bypass the system's security measures

6.3. Abuse of System Resources

• Uploading malicious files, viruses, or malware
• Excessive use of system resources that affects other organizations
• Creating fake or automated accounts
• Spamming or sending unsolicited messages through the Platform
• Automating unauthorized access (bots, scraping, etc.)

6.4. Intellectual Property Violations

• Copying, distributing, or disclosing UP's source code
• Reverse engineering the system
• Using the UP or ASIF Foundation brand without authorization
• Infringing a third party's copyright while using the platform

7Intellectual Property

7.1. Ownership of the Platform Software

The UP platform software is provided through a technology partner. Specifically:

• The source code and core architecture of the software belong to the technology partner
• ASIF Foundation has the right to operate, configure and provide UP to member organizations under its agreement with the technology partner
• Member organizations have no ownership rights over the software source code

7.2. ASIF Foundation's Ownership

ASIF Foundation owns or holds usage rights to:

• The name "UP — Unified Platform" and related brand elements
• Configurations, customizations and integrations built specifically for the nonprofit community
• Guides and training materials authored by ASIF Foundation
• UP's logo, brand identity, and related media assets

7.3. Ownership by the Member Organization

The member organization fully owns:

• All data entered into the system
• Reports and documents generated within UP from the organization's data
• The organization's own logo, brand, and identity
• Internal content and documents produced by the organization

7.4. Usage Rights Granted to the Member Organization

The member organization is granted the right to use UP under the signed MOA, including:

• Access to and use of features within the agreed scope
• The right to create, store, and export the organization's data
• The right to internally train the organization's staff on how to use UP

7.5. Limitations on Usage Rights

The right of use does NOT include:

• Copying, distributing, or selling the Platform software
• Selling and/or transferring the UP service to a third party without ASIF Foundation's prior written consent
• Integrating UP with third-party software without ASIF Foundation's consent (e.g. unilaterally connecting UP's API to another system)
• Modifying or tampering with the source code
• Reverse engineering the system
• Using the "UP" or "ASIF" brand for commercial purposes
• Disassembling parts of the system for independent use

8Responsibility and Limitation of Liability

8.1. ASIF Foundation's Commitment

ASIF Foundation commits to operating the UP Platform with reasonable effort to ensure stability, security, and timely support for member organizations, within the scope of the obligations set out in Section 4.4 and the UP Platform Security and Data Protection Policy.

8.2. Limitation of Liability

ASIF Foundation is not liable for:

• Data loss caused by user error
• Service interruptions or connectivity loss caused by a fault of a dependent third-party infrastructure provider (including but not limited to Microsoft Azure, Cloudflare, telecom carriers, or domain registrars)
• Force majeure events as defined by law, or large-scale denial-of-service (DDoS) attacks beyond the reasonable control of current technical measures
• Damage caused by natural disasters or other force majeure events
• Content uploaded or stored by a member organization
• Operational or governance decisions made based on data within the system
• Indirect or consequential damages

Nothing in this Section excludes liability that the law does not permit to be excluded, or exempts ASIF Foundation from liability for intentional misconduct, fraud, or breach of a mandatory legal obligation.

8.3. Service Availability

The system is operated with the goal of maintaining stable service. However:

• No system operates at 100% uptime
• There may be downtime due to maintenance or incidents
• Some incidents fall outside ASIF Foundation's direct control
• Planned maintenance will be announced in advance

8.4. Responsibilities of the Member Organization

The member organization is also responsible for its own security and proper use, including:

• Managing user access within its own organization
• Training users on safe use of the platform
• Periodically backing up important data on the organization's side
• Complying with applicable laws relevant to the organization

9Termination of Service

9.1. The Member Organization's Right to Terminate

A member organization has the right to terminate its use of UP under the terms of its MOA. Upon termination:

• The organization must give advance notice within the period specified in the MOA
• ASIF Foundation will assist in exporting all of the organization's data
• Data will be retained for a period agreed between the parties
• After the retention period, data will be deleted from the system

9.2. ASIF Foundation's Right to Terminate

ASIF Foundation has the right to terminate the service in the following cases:

• The organization seriously violates these Terms or the MOA
• The organization no longer qualifies as a nonprofit organization
• A legal violation affecting the Platform's reputation
• Force majeure reasons (such as a policy change by an infrastructure provider)
• A decision by ASIF Foundation to discontinue or scale back the Platform's funding program

9.3. Termination Process

The termination process is carried out as follows:

1. Written notice of termination sent by email
2. Confirmation and agreement on the termination date
3. ASIF Foundation assists with exporting the organization's data
4. The organization confirms it has received all necessary data
5. Access is suspended after the termination date
6. Data is deleted after the period specified in the MOA

9.4. After Termination

After use has been terminated:

• The organization no longer has access to the Platform
• Data is fully deleted according to the schedule agreed between ASIF and the organization
• Certain security and intellectual property obligations remain in effect
• Documents and reports previously exported remain the property of the organization

10General Terms and Contact

10.1. Effective Date

These Terms take effect from the date of publication and apply to all member organizations that have signed an MOA with ASIF Foundation and to all users granted access to UP by such organizations.

10.2. Amendments

ASIF Foundation has the right to amend and supplement these Terms. Amendments will be communicated to member organizations in advance by email or an in-app notification.

10.3. Governing Law

These Terms are governed by and construed in accordance with the laws of Vietnam. Any disputes arising will be resolved through negotiation. If negotiation is unsuccessful, the dispute will be brought before a competent authority in accordance with law.

10.4. Severability

If any provision of these Terms is found to be invalid, the remaining provisions shall remain in full force and effect.

10.5. Contact

For any questions or requests relating to these Terms of Use, please contact: