Nexa

Terms of Use

Effective date: 01/07/2026 · Last updated: 20/07/2026

Version v2 (current)

TERMS AND CONDITIONS OF USE OF THE NEXA SERVICE — Version: 2 · Issue date: 01 July 2026

Welcome to NEXA — a digital technology solution system providing online work-support utilities, multi-channel integration, and artificial intelligence applications for enterprise customers, made available through the NEXA Application or the NEXA Website, developed, managed and operated by NEWERA. Protecting the lawful rights, personal data, safety and information security of Customers and Users is NEWERA's top priority. Customers and Users are requested to carefully read the specific terms and conditions below before choosing to use, and using, the NEXA Service.

Article 1. General Provisions

  1. These Terms and Conditions of Use of NEXA (the “Terms of Service”) comprise the terms, conditions, notices and consents relating to the processing of personal data, and set out the rights, obligations, limitations of legal liability and technical conditions applicable when a User downloads, installs, accesses or uses the application on a mobile device or a web browser in order to use the NEXA Service.
  2. These Terms of Service constitute a legally binding agreement between NEWERA (the “Provider”) and the Customer, including the Customer's Users (the “Service User(s)”). These Terms of Service constitute the entire agreement between the Parties regarding use of the NEXA Service.
  3. The NEXA Service is currently provided within the territory of Vietnam under these Terms of Service. Where the NEXA Service is provided outside the territory of Vietnam, NEWERA will post a notice on the NEXA Application and NEWERA's official website.
  4. Confirming agreement to these Terms of Service on the NEXA Application and/or a web browser is deemed to mean that the User has agreed that they have read, fully understood, been provided an explanation of, and undertakes to comply with, the entire content of these Terms of Service and any rules, regulations, procedures or user guides for the NEXA Service that may be issued afterward (collectively, the “Policies”). These Policies form part of these Terms of Service. Where a Customer and/or User does not agree with part or all of these Terms of Service, NEWERA has the right to restrict, suspend or discontinue providing any NEXA Service to that User due to the lack of sufficient information or data required to provide such NEXA Service to the User.
  5. For clarity, the Parties agree on the following order of priority: (i) if there is any discrepancy between these Terms of Service and a Policy, the terms of the Policy will prevail over these Terms of Service; (ii) if there is any discrepancy between these Terms of Service and any other specific agreement executed between NEWERA and the Customer in writing or by electronic means (the “Contract”), the provisions of that Contract will prevail over these Terms of Service.
  6. Notwithstanding Article 1.5 of these Terms of Service:
    1. Personal data protection matters not addressed in these Terms of Service shall be governed by NEWERA's Personal Data Protection Policy published on the NEXA Application and at: https://nexa.newera.inc;
    2. Where there is a discrepancy on the same personal data protection matter between these Terms of Service and the Personal Data Protection Policy, the Personal Data Protection Policy shall prevail.
  7. NEWERA's failure to exercise, or delay in exercising, any right under these Terms of Service shall not be construed as a waiver of that right, nor shall it affect the exercise of that right in the future. Any waiver of a right or remedy under these Terms of Service shall only be effective if made in writing and signed by NEWERA's legal representative and bearing NEWERA's corporate seal.
  8. NEWERA reserves the right to amend or supplement any or all of the content of these Terms of Service at any time it deems necessary by publicly posting the amended and/or supplemented Terms of Service on the NEXA Application and NEXA Website, at NEWERA's discretion from time to time, without requiring the Customer's or User's prior consent; however, NEWERA will notify the Customer and User before the amendment takes effect. If the Customer or User does not agree with any amendment or supplement to these Terms of Service, the Customer and User should stop using the NEXA Service. The Customer and User agree that they are responsible for periodically reviewing amendments and supplements to these Terms of Service. Continued use of the NEXA Service by the Customer and/or User after such amendments or supplements are posted on NEWERA's application/website shall mean that the Customer and User acknowledge and agree to those amendments and supplements.
  9. These Terms of Service take effect from the Issue Date and will be amended and supplemented from time to time as provided herein, and supersede any terms and conditions for use of the NEXA Service published prior to the Issue Date (if any).
  10. These Terms of Service are made in Vietnamese and shall be legally binding upon the relevant parties. Where these Terms of Service are translated into any other language, such translation is for reference purposes only. If there is any discrepancy or inconsistency between the foreign-language translation and the Vietnamese version, the Vietnamese version shall prevail.

Article 2. Definitions

  1. NEWERA: means NEWERA INC Joint Stock Company, an enterprise established and operating under the laws of the Socialist Republic of Vietnam, holding Enterprise Registration Certificate No. 0319377258 first issued by the Business Registration Office of Ho Chi Minh City on 23 January 2026, as amended from time to time (if any), together with its subsidiaries, member companies and affiliates (if any) (collectively, “Member Units”).
  2. Customer: means an enterprise that intends to, or has, registered to open a transaction Account and use the NEXA Service on the basis of a contract executed between the Customer and NEWERA.
  3. Contract: means the agreement executed (in writing or by electronic means) between the Customer and NEWERA regarding the provision and use of the NEXA Service, containing specific terms and conditions in addition to these Terms of Service, based on the expressed and mutual will of both Parties.
  4. User/End User/You/Data Subject: means (i) the Customer, and (ii) the Customer's Employees, and/or (iii) any individual designated and approved by the Customer to use the NEXA Service under the Contract between the Customer and NEWERA.
  5. Employee: means any officer, professional staff, employee or worker of the Customer (regardless of whether under a formal or probationary labor contract).
  6. Internal NEXA: means the NEXA system used for NEWERA's internal operations, with Users being NEWERA's Employees and experts, which shall be governed by these Terms of Service unless otherwise provided by NEWERA's internal written regulations. For the avoidance of doubt, the scope of Internal NEXA is entirely independent of, and separate from, the NEXA Service provided to a Customer under a Contract.
  7. Device: means the physical hardware meeting the appropriate technical standards under NEWERA's guidance, used by a Customer/User to access their Account for the purpose of using the NEXA Service.
  8. User Content: means content in the form of text, images, audio and other forms of expression that a User posts, transmits, shares, processes or stores on the NEXA system or the Customer's own system through the NEXA Application while using the NEXA Service in accordance with these Terms of Service and applicable information safety and security laws.
  9. NEXA: means a digital technology solution system providing AI-enabled online work-support tools and utilities for enterprises, developed, managed and operated by NEWERA, which allows Users to use the NEXA Services through an Account, comprising the NEXA Application and the NEXA Website (web browser) and all NEXA Services integrated together and provided from time to time.
  10. NEXA Application: means the application installed on an internet-connected mobile device, or a web browser, that allows a User to access their Account in order to use the NEXA Utilities.
  11. NEXA Website (web browser): means the website established by NEWERA that allows a User to access their Account in order to use the NEXA Service, at https://app.nexa.newera.inc/.
  12. Account/User Account: means a unique set of information representing a User within NEXA, used to log in, access and use the NEXA Service provided under these Terms of Service.
  13. “NEXA Service”, “NEXA Utility” or “Service”: means the online work-support utilities, multi-channel integration and artificial intelligence applications for enterprise customers provided by NEWERA as set out in Article 3 of these Terms of Service.
  14. Artificial Intelligence/AI: means the electronic performance of human intellectual capabilities, including learning, reasoning, perception, judgment and natural-language understanding.
  15. Artificial Intelligence System/AI System: means a machine-based system designed to perform artificial-intelligence capabilities with varying degrees of autonomy, capable of adapting after deployment; that, based on explicitly defined or implicitly formed objectives, infers from input data to generate outputs such as predictions, content, recommendations or decisions that may influence physical or digital environments.
  16. Business Day: means the days of the week excluding Saturdays, Sundays, and public holidays and Tet holidays as prescribed by Vietnamese law, any make-up days for such holidays, and any other days off announced by NEWERA from time to time.
  17. Day: means a calendar day.
  18. Month: means a calendar month.
  19. Working Hours: the period within a Business Day, namely: morning from 08:30 to 12:00, and afternoon from 13:30 to 18:00.
  20. Legal Regulations: means all legal regulations of the Socialist Republic of Vietnam, including Codes, Laws, Ordinances, Decrees, Resolutions, Decisions, Circulars and other legal normative documents currently in force.

In these Terms of Service, any reference to any Legal Regulations shall include any amending, supplementing or replacing regulations or documents. Where a change in law causes the content of these Terms of Service to conflict with Legal Regulations, or where there are terms, expressions or matters not addressed by these Terms of Service, such matters shall be construed and implemented in accordance with the relevant Legal Regulations.

Article 3. The NEXA Service And User Accounts

  1. At present, under these Terms of Service and subject to any specific Contract (if any), NEWERA provides one or more of the following NEXA Services to the Customer on an “as-is” basis, comprising:
    1. Chat (NEXA Chat): NEXA Chat is a NEXA utility that allows Users to communicate (privately) with one another through: private one-to-one messaging, internal groups, internal channels, and selected topics and threads. NEXA Chat integrates file attachments, voice recording, an emoji-reaction set, and full-text search. NEXA participates directly in conversations based on each channel's knowledge base, together with a system of mini-apps embedded within NEXA (to help manage tasks, expenses, to-do lists, etc.) and a control and approval mechanism for sensitive actions.
    2. AI Agent (NEXA Agent): NEXA Agent is a NEXA utility configured with its own “persona,” a specialized skill set, and tiered memory (hot/warm/cold) that maintains context across work sessions. NEXA Agent is capable of team collaboration, task delegation, scheduling, background execution, document summarization and meeting minute-taking. The operational safety of this utility is protected through multiple layers of system moderation (ToolGuard) and an approval workflow.
    3. Connectors: Connectors are integration utilities that allow NEXA to connect and interact, in a controlled manner, with the Customer's or a third party's data systems and applications, as chosen by the Customer itself. Such connections are made based on agreement, authorization, or the Customer's and/or User's own choice, including:
      1. Productivity tools: Gmail, Google Calendar, Google Drive, Google Sheets, Microsoft Outlook.
      2. Project management and Development: GitHub, GitLab, Atlassian (Jira/Confluence).
      3. Infrastructure and Data: AWS, Google Cloud Platform, Cloudflare, Databricks, SQL.
      4. Enterprise resource management systems: Odoo, ERP, and similar systems.
      5. Meetings and Recording: Recall.ai, LiveKit (voice/video).
      6. External messaging channels: Telegram, Discord, Slack, Zalo, WhatsApp.
      7. Development Support: providing a software development kit (SDK) in Go, JavaScript and Python, following the Model Context Protocol (MCP) standard, to extend connectivity.
    4. Task Management: Task Management is a NEXA utility that provides a centralized, web-based management interface for the Customer's administrators to carry out operational and monitoring activities for NEXA usage, including:
      1. Administration of the organization, personnel, roles and permissions.
      2. Creating and configuring AI agents/bots, skills, AI teams, and managing the Knowledge Base.
      3. Managing connectors and the secure key vault.
      4. Safety & Compliance: audit logs, personally identifiable information (PII) controls, and activation of the agent protection system (ToolGuard).
      5. Monitoring: a system-health dashboard, usage metrics, observability, and user feedback.
  2. NEWERA continuously changes and improves, and may remove, any of the NEXA Utilities in order to enhance them or to comply with Vietnamese law. Accordingly, NEWERA will, according to its own plans and decisions, regularly upgrade and update versions, and add, remove or modify NEXA's features and utilities, without requiring the Customer's and/or User's prior consent. NEWERA may also restrict, suspend or discontinue part or all of the NEXA Service; in such case, NEWERA will give reasonable prior notice to the Customer and User in accordance with these Terms of Service and/or applicable Legal Regulations (except in emergencies to ensure data safety, or where required in writing by a competent state authority).
  3. To use NEXA, a User must register an Account. NEWERA may limit the number of Accounts a User may register, as well as the number of compatible devices an Account may be linked to at the same time. The User undertakes that use of the Account shall fully comply with these Terms of Service and applicable Legal Regulations, and undertakes to provide NEWERA with accurate, complete and timely updated information for registering/updating Account Information whenever there is a change or as required by law from time to time. NEWERA shall not be liable where information provided by a User is erroneous, inaccurate or not updated and this affects or limits the User's own rights and interests.
  4. The User understands and agrees that, in order to improve the efficient use of system resources, if a User does not log in to or use their Account for 60 (sixty) days from the date of their last login (or such other period as decided by NEWERA from time to time), NEWERA has the right (but not the obligation) to lock the User's Account and delete all User Content and User data, while notifying the User in a timely manner (except where the Customer and NEWERA have otherwise agreed in writing, or where data must be retained under applicable law). If the User wishes to use NEXA again, the User must create a new Account to access and use the NEXA Utilities. However, to protect the User's interests, NEWERA will notify the User at least once, using the contact information provided by the User upon registering and creating the Account, before NEWERA locks the Account and deletes the above-mentioned content and personal data. NEWERA will provide support and a reasonable amount of time for the User to download and save their content and data.
  5. The User shall bear full legal liability for all activities and conduct carried out through their Account while using the NEXA Service. Where any loss or damage arises from the User's Account information and/or password being compromised, NEWERA shall have no liability to compensate the User.

Article 4. Prohibited Conduct

When using NEXA, a User shall ABSOLUTELY NOT (i) carry out, and/or (ii) request, direct, influence or assist any third party (in any manner whatsoever) to carry out, any of the following acts, including but not limited to:

  1. Copying, modifying, reproducing, compiling, or creating any product or service based on all or part of the NEXA system.
  2. Redesigning, disassembling, decompiling, reverse engineering, or by any other means seeking to access or interfere with the source code of the NEXA system.
  3. Moving, altering, removing or falsifying any ownership notice, trademark, copyright mark, technical certification or intellectual property right displayed on the NEXA system.
  4. Altering or removing default configurations, falsifying the original state of, or interfering with the operating architecture of, the NEXA system.
  5. Selling, leasing, lending, assigning, sublicensing, distributing or disclosing all or part of the data comprising the NEXA system to any third party, except for User Content and data lawfully owned by the Customer/User itself.
  6. Selling, leasing, lending, assigning, sublicensing, distributing or disclosing all or part of an Account or Account information issued, to any third party.
  7. Building or operating counterfeit websites, applications or tools, or copying the interface, design or layout of the NEXA system, for illicit profit and/or any other purpose, without NEWERA's prior written consent.
  8. Logging into, misappropriating, or intentionally accessing, the servers, data systems or Accounts of other users, or any secured partitions, without written authorization from NEWERA.
  9. Unlawfully deleting, modifying or inserting data; distributing malware, viruses or malicious code; or carrying out denial-of-service attacks intended to disrupt or harm the information security of the NEXA system.
  10. Using third-party software, scripts, or automated systems not reviewed, developed or licensed by NEWERA to interact with, connect to, or exploit NEXA.
  11. Using NEXA to post, transmit, distribute, share, process or store information prohibited by law, contrary to fine customs and traditions, of a pornographic or violent nature; content that is racially discriminatory, incites hatred, or undermines national unity; or information that defames or infringes the honor, dignity or lawful interests of any individual or organization.
  12. Using NEXA to distribute content that infringes intellectual property rights, trade secrets, information security rights, or any other proprietary property right of a third party.
  13. Using NEXA or an Account for any other unlawful purpose, or to harass, threaten, obstruct, or otherwise negatively affect other Users' experience of using NEXA.
  14. Engaging in any act that violates these Terms of Service, any of NEWERA's Policies, and/or applicable Legal Regulations.

Article 5. Collection, Use And Protection Of Personal Data And User Information

  1. By using an Account to log in to and use the NEXA Service, the User agrees and consents that NEWERA has the right to apply technical measures for the purpose of collecting and processing data related to the opening and use of the User's Account (hereinafter referred to as “Account Information” or “User Information”), including the following specific information:
    1. Basic personal data provided by the User, comprising:
      1. Personal data provided by the User to identify the User when initially registering to open and use an Account, and throughout the User's use of the NEXA Service, including: full name; mobile phone number (which the User is lawfully entitled to use); profile picture; email address; and other necessary information as notified on the NEXA application;
      2. User Content that the User publicly creates or proactively provides to NEWERA while using the NEXA Service, including but not limited to: public descriptions; profile and cover photos; custom contact names; and survey information submitted by the User through use of the NEXA Service;
      3. Where the User is a representative of an organization: the organization's name; enterprise code (if any); tax code; registered head-office address; contact address; and information about the legal representative and Account administrator, as set out for individual Users in Articles 5.1.a.(i) and 5.1.a.(ii) above, together with their title;
    2. Sensitive personal data provided by the User: location information, where the User proactively grants the application permission to access GPS data; and biometric data (fingerprint and/or facial recognition) used for login or other requirements while using the NEXA Service;
    3. Data proactively collected by NEWERA, comprising:
      1. Application, device and network information: information relating to the operating system and device, such as version, default language, device signal quality, cookie information, IP address, application interaction data, connection status, incident and performance data, operating system, browser, network information and similar types of data;
      2. Account activity while using the NEXA Service: the timing and frequency of Account activity and use of the NEXA Service, the activities a User carries out through their Account, and incident reports;
      3. Phone contacts and email contacts (the User has the right to proactively grant, or withdraw, permission to access phone contacts and email contacts at any time);
      4. Information and content submitted when the User updates their User Information;
      5. User Content created while using the NEXA Service.
  2. When a User interacts or communicates with a third party outside the NEXA Application, such communications and the User's information may be collected and processed by that third party. The processing and sharing of such information by that third party with others is beyond NEWERA's control. The User is solely responsible for information that they proactively provide to a third party. To best protect their own interests, the User should independently control their information and assess any risks before proactively providing it to a third party.
  3. NEWERA collects Account Information for the purpose of providing a stable, continuous and safe NEXA Utility to Users. The data NEWERA collects, and how it is used, will depend on the User's needs and manner of using the NEXA service, as well as how the User manages their Account security. The purposes of data collection and processing include:
    1. To provide the NEXA Service: NEWERA uses User Information to create an Account, identify the User, and provide the NEXA Utilities the User wishes to use;
    2. To research and develop NEXA features and utilities: NEWERA uses Account Information to understand trends, build statistics, assess risk, and understand Users' demand for the NEXA Service in order to forecast and design new features and Utilities, as well as to maintain and improve the available NEXA Services. This information also helps NEWERA troubleshoot technical issues and detect fraud or breaches of these Terms of Service (if any). In the course of developing and improving the quality of the NEXA Service, NEWERA may use/integrate third-party products or services and will notify the Customer and User before doing so;
    3. To ensure the stability, continuity and safety of the NEXA system: NEWERA uses Account Information for security purposes, to help ensure that Users and other Users are protected from information safety and security risks and incidents while using the NEXA Service;
    4. To communicate with the User: NEWERA communicates with, and responds to requests from, Users using the User Account Information provided, including the User's contact information;
    5. To support requests from Users relating to third-party services integrated into NEXA (if any);
    6. To allow Users to proactively use, and to be served by and experience, NEWERA's and/or third parties' products and services, including but not limited to: User care and support activities; personalized offers such as gifts, care, referrals, advertising and marketing of products and services, etc.; training of AI models and applications; and other activities aimed at enhancing the User's experience and benefits;
    7. To enhance the User's experience and benefits while using the NEXA Application and the products and services within NEWERA's ecosystem;
    8. To fulfil legal procedures, comply with applicable law, and respond to requests from competent state authorities;
    9. To prevent fraud and to prevent intrusion into, or theft of, User Accounts, or impersonation of Users;
    10. To prevent and deter unlawful conduct;
    11. To serve other purposes related to NEWERA's business operations from time to time;
    12. To serve other purposes agreed between the Customer/User and NEWERA and/or a third party from time to time, consistent with applicable Legal Regulations.
  4. Receipt, transfer and/or sharing of data:
    1. NEWERA receives, shares and transfers Account Information with its Member Units for one or more of the collection purposes set out in these Terms of Service;
    2. For NEXA's artificial-intelligence features (including NEXA Chat and NEXA Agent), the content of a User's requests and messages exchanged with the AI System is sent to Anthropic — the technology partner that provides the underlying artificial-intelligence model for NEXA — for processing and to return results. NEWERA does not include the User's personally identifiable information (full name, phone number, email) when doing so. Anthropic is not a party to whom NEWERA shares data for Anthropic's own purposes; it acts solely as the model provider under a technology partnership, is bound by a data processing agreement to apply a level of data protection equivalent to these Terms of Service, and is prohibited from using the content of User exchanges to train its models;
    3. NEWERA will share and transfer a User's Account Information to third parties with the User's permission or at the User's request. Such third parties are also entities the User wishes to, and/or has permitted to, access their data in order to use other services;
    4. Data may be shared or transferred in other circumstances as required by Legal Regulations;
    5. Where User information needs to be shared or transferred under this Article, NEWERA requires the relevant parties to comply with guidelines, regulations and requirements to protect the shared/transferred information in accordance with personal data protection law and applicable Legal Regulations.
  5. Retention period for Account Information: A User's Account Information will be retained for the period necessary to provide the NEXA Service under these Terms of Service or as required by Legal Regulations.
  6. Updating, correcting and deleting Account Information:
    1. By logging into their Account, a User may access the feature to edit their Account Information and withdraw consent previously given for Account Information, through the User interface;
    2. Where a User no longer agrees to NEWERA continuing to collect and process their Account Information, the User may proactively disable access on the NEXA Application and/or NEXA Website;
    3. All information relating to a Data Subject's rights shall be submitted on a request form and sent to NEWERA's head office at the address set out in Article 10 of these Terms of Service, where a dedicated department will guide the User in completing the request. NEWERA will verify the User's identity in order to protect the User's interests before processing the request;
    4. NEWERA can only act on a User's request in respect of Account Information that NEWERA has collected and that the User has consented to have processed under Article 5 of these Terms of Service.

Article 6. Cases Where Personal Data May Be Processed Without The User's Consent

  1. In urgent cases requiring the immediate processing of relevant personal data to protect the life, health, honor, dignity, rights or lawful interests of the User or another person, or the interests of the State or another agency or organization, as necessary against an infringement of such interests.
  2. To respond to an emergency situation; a threat to national security that does not yet warrant declaring a state of emergency; or to prevent and combat riots, terrorism, crime, and violations of law.
  3. To serve the operations of state authorities or state management activities in accordance with Legal Regulations.
  4. To perform an agreement of the Data Subject with a relevant agency, organization or individual in accordance with Legal Regulations.
  5. Other cases as provided by Legal Regulations.

Article 7. Information Security

  1. NEWERA continuously strives to protect Users against information security risks. On the technical side, NEXA is continuously maintained and integrated with robust, in-depth security features to protect Users' Account Information during storage and processing. NEWERA provides certain tools that a User may choose to use through the interface to control their Account Information, including but not limited to: privacy features; and a feature that warns of security risks when accessing links to websites flagged by NEWERA's technical systems.
  2. The User agrees and acknowledges that the level of security also depends on the device the User is using, their internet connection, the Customer's/User's internal network connection, and other factors that are the responsibility of third parties. The User understands and accepts the security risks (if any) that may arise from using the Service.
  3. NEWERA undertakes that all of a User's personal data and a Customer's business information and data arising in the course of using the NEXA Service will be stored and strictly protected in accordance with Vietnamese law. User Account Information and other information and data provided by the User are used solely for the purposes of Account authentication, personalizing the experience, and providing Services suited to the Customer's and User's needs under these Terms of Service. All data and information transmitted between a User's device (via the mobile application or web browser) and NEWERA's server systems are protected by advanced encryption technologies, ensuring maximum safety over the internet transmission path against unlawful theft or interference with data. NEWERA applies the most reasonable technical and organizational measures, including firewalls, role-based access controls, and periodic system security monitoring, to protect the absolute safety of the User's online workspace and to fully comply with applicable network information safety regulations. NEWERA constantly strives to prevent and minimize any unauthorized access to, or use of, User Accounts and related information and data by any third party.

Article 8. Rights Of The Data Subject

  1. The right to withdraw consent, and to request deletion, restriction of, and objection to, processing of personal data:
    1. After confirming agreement to these Terms of Service, while using NEXA, a User has the right to withdraw consent, and to request the deletion, restriction, or objection to, the processing of their personal data. NEWERA will carry out the necessary procedures to terminate or restrict the processing of personal data within the period, scope and content requested by the User, after the User has correctly and fully completed the procedures under NEWERA's guidance for submitting a valid request;
    2. A request shall only be deemed valid where it follows the correct order and procedure and satisfies all of the following conditions: (i) it is made directly by the User themselves or through a valid representative or authorized person in accordance with civil law; (ii) the User clearly understands, undertakes and accepts responsibility for any consequences or damage that may arise from withdrawing consent, or requesting restriction of, objection to, or deletion of, their personal data;
    3. NEWERA has the right to refuse to act on a User's request if that request does not satisfy the valid conditions set out in Article 8.1.b) above;
    4. Where a request satisfies all of the prescribed conditions, NEWERA will carry out the necessary procedures to terminate, restrict the processing of, and/or delete personal data within the scope and content requested by the User within a reasonable period as required by law, except where NEWERA must retain such data for the period required under applicable law;
    5. The withdrawal of consent, or a request to restrict, object to the processing of, or delete personal data shall not affect the lawfulness of personal data processing activities carried out by NEWERA and/or a third party before the completion of such termination, restriction or deletion of data upon request.
  2. The right to request provision of, and to view, personal data:
    1. A User has the right to request that NEWERA provide their personal data after correctly and fully completing the procedures to initiate a valid request in accordance with NEWERA's procedures for receiving and handling such requests;
    2. NEWERA will provide personal data to the User within a reasonable period as required by law.
  3. The right to correct, or request correction of, personal data:
    1. NEWERA enables Users to proactively access, view and edit their personal profile data on the system;
    2. Where a User is unable to make corrections directly due to technical or other objective reasons, the User may submit a request to NEWERA to correct their personal data, following a procedure similar to that set out in Article 10 of these Terms of Service;
    3. After completing verification of the User's identity, NEWERA will correct the data as soon as possible or as required by law. Where a correction cannot be made, NEWERA will notify the User within a reasonable period as required by Legal Regulations.
  4. Other rights of the Data Subject under Personal Data Protection Law No. 91/2025/QH15 and other applicable Legal Regulations.

Article 9. Intellectual Property

Except for User Content, all trade names, trademarks, websites, applications, computer programs, inventions, patents, copyrights, trade secrets, and other works related to, forming part of, or contained in (whether in whole or in part) the Services and/or NEXA (collectively, “Intellectual Property Subject Matter”), including but not limited to source code, images, data, information and content contained therein, and any related amendments, supplements, updates, upgrades and user guides (if any), are owned and/or lawfully used by NEWERA and/or its Member Units (the “Rights Holder”). No individual or organization may copy, reproduce, distribute, or infringe the rights of the owner and/or the right of use, without the Rights Holder's prior written consent.

In connection with the provision of the NEXA Service under these Terms of Service, the Parties acknowledge that NEWERA does not license or grant any specific right, express or implied, to the Customer and User in respect of any Intellectual Property Subject Matter.

Article 10. Notice Of Violation — Complaints

  1. Notice of violation:
    1. While using NEXA, if a User discovers indications of a breach of Article 4 of these Terms of Service (including but not limited to any content posted, transmitted, distributed, shared, processed or stored on/through the NEXA system that appears to infringe the rights of a User, the rights of any third party, or applicable law), the User is responsible for promptly notifying NEWERA in accordance with the guidance in this Article;
    2. A notice shall be deemed valid if it contains the following information in full:
      • Subject line: Notice of Violation.
      • Information about the reporting party (full name, email, contact phone number, etc.).
      • Information and documentation relating to the violation (documents, screenshots, links, videos, etc.).
    3. NEWERA will review and handle each notice of violation it receives and will take reasonable steps to inform the User of the outcome after processing;
    4. Every violation must be reported through one of the following methods:
      • Contacting the office directly or sending notice by post to the following address:
        • Recipient: Support Department — NEWERA INC Joint Stock Company
        • Contact address: 5th Floor, Lim Tower 3, 29A Nguyen Dinh Chieu, Sai Gon Ward, Ho Chi Minh City, Vietnam
      • Contacting via email: support@newera.inc
      • Contacting via the online support channel: the Contact Support section on the NEXA Application.
  2. Complaints:
    1. Principles of handling:
      • NEWERA respects, and is committed to maximally protecting, the lawful rights and interests of Users in using the NEXA Service. Any disagreement, dispute or complaint arising from or relating to use of the NEXA Service will preferably be resolved through negotiation, aiming to reach consensus and maintain User trust.
      • The process for receiving and handling complaints is carried out on the principles of transparency, objectivity and timeliness, and in compliance with applicable consumer protection laws.
    2. Complaint receipt and handling process: Whenever there is a request or feedback (collectively, a “complaint”) regarding the NEXA Service, the User shall lodge the complaint following the four (4) steps below:

      Step 1: Receiving the complaint

      The User submits a complaint together with the information, documents or evidence relating to the subject matter of the complaint to NEWERA through the official channels set out in Article 10.1.d) above. NEWERA may request that the User provide additional records, documents or related information during the receipt and resolution of the complaint, in order to best protect the lawful rights and interests of the User and/or any relevant third parties. The User may provide such information, documents or evidence directly to NEWERA, or through a lawful representative, provided the lawful representative provides NEWERA with valid documentation proving their authority to represent the User in accordance with law. NEWERA has the right to refuse, defer or suspend resolution of a complaint where the information, records or documents referred to above are determined to be untruthful, inaccurate, incomplete, or show signs of fraud or forgery. A complaint that satisfies the requirements of this paragraph is a valid complaint. For clarity, in respect of a Customer's complaint, the Customer may submit the complaint and related information/documents in accordance with the specific Contract executed between the two Parties.

      Step 2: Classification and preliminary verification

      • NEWERA's Support Department will receive and review the information and proactively resolve, and promptly respond with the outcome to the User for, simple cases based on these Terms of Service and/or published Policies.
      • NEWERA's Support Department, on its own and/or in coordination with relevant departments, will promptly implement Remedial Measures when requested by the User or where there are grounds under these Terms of Service and/or the relevant published Policies.
      • NEWERA's Support Department will promptly update the progress of resolving the User's complaint on the NEXA Application or through another contact channel provided by the User.

      Step 3: Assessment and handling

      For matters that are complex in nature, relate to system technical issues, or are not clearly addressed in these Terms of Service and/or the relevant published Policies, the Support Department, together with the relevant functional departments, will conduct an in-depth assessment and promptly update the progress of resolving the User's complaint on the NEXA Application or through another contact channel provided by the User.

      Step 4: Notification of the outcome

      Once an official resolution outcome is available, NEWERA will forward it to the relevant functional departments for implementation and will notify the User on the NEXA Application or through another contact channel provided by the User.

    3. Resolving complaints:
      • Handling timeline: for a User's complaint, a maximum of 30 (thirty) Business Days from the date of receipt of the User's valid complaint; for a Customer's complaint, as set out in the specific Contract executed between NEWERA and the Customer.
      • Where the Customer or User and NEWERA are unable to reach agreement and/or do not agree with the outcome of a complaint, the dispute shall be resolved in accordance with these Terms of Service and applicable law.
      • For clarity, if a matter is found to show signs of a legal violation, NEWERA may apply the Remedial Measure set out in Article 11.3.b).(iii) of these Terms of Service. Where a competent state authority notifies a conclusion that no violation of law occurred, within 30 (thirty) Business Days from the date of that authority's conclusion, NEWERA will agree with the Customer or User on a plan for resolving the complaint.
  3. Handling of requests relating to personal data protection:
    1. Where a User has any request relating to personal data protection regulations, the rights of the Data Subject, or the processing of the User's personal data, the User shall submit the request following a procedure similar to that set out in Articles 10.1 and 10.2 above;
    2. Where a User discovers or has grounds to suspect that their Account Information (including other related personal data on NEXA) has been leaked, misused, or accessed or used without authorization by a third party, the User has the right to send an urgent notice to NEWERA through the official email channel set out in Article 10.1.d), with the subject line: [URGENT — SECURITY COMPLAINT], together with relevant evidence and documentation. NEWERA undertakes to respond, record, and activate a joint security-review process with the User within 24 (twenty-four) hours of receiving the request, in order to promptly prevent, address and mitigate any resulting damage.

Article 11. Handling Of Violations

  1. NEWERA will use two parallel violation-moderation systems: (i) manual moderation; and (ii) automated moderation using AI-enabled tools.
  2. Where a User violates any provision of these Terms of Service, NEWERA has the right to apply Remedial Measures, unless otherwise provided by law. Depending on the nature and severity of the violation, the User shall be liable under the law, to competent state authorities, to NEWERA, and to third parties for any damage arising from or related to such violation.
  3. Remedial Measures:
    1. Principles of application:
      • In the course of providing NEXA and the NEXA Services, NEWERA has the right to apply, concurrently or separately, one or more Remedial Measures at its sole discretion where it deems necessary to promptly prevent, address or forestall violations of these Terms of Service and/or the relevant published Policies, including acts that have occurred, are occurring, and/or are at risk of occurring, whether or not a complaint has been made.
      • NEWERA will notify the Customer or User through official contact channels immediately before or immediately after applying the measures set out in this Article.
      • The Customer or User is responsible for coordinating and cooperating with NEWERA and/or a competent state authority to carry out investigation, verification, reporting, summarization and conclusion of the matter, and to agree on a timely, objective, fair and lawful resolution plan. In addition, the relevant Customer or User is responsible for applying, to the best of their ability and effort, the measures necessary to prevent, address or forestall violations of these Terms of Service and/or the relevant published Policies immediately upon receiving a request or notice from NEWERA and/or a competent state authority. The relevant Customer or User shall notify NEWERA through NEWERA's official contact channels immediately before or immediately after applying the measures referred to in this paragraph.
    2. Remedial Measures:
      1. Temporary suspension of the Account;
      2. Restricting, suspending, or discontinuing provision of one or more NEXA Services;
      3. Referring records and documents on the matter to a competent authority to investigate criminal violations of law, or to a competent authority to handle administrative violations, or initiating a civil lawsuit to protect the lawful rights and interests of NEWERA and any relevant organization or individual, in accordance with applicable law, where deemed necessary and/or required by law;
      4. Other measures as decided by NEWERA from time to time, consistent with applicable Legal Regulations.

Article 12. Limitation Of Liability And User Representations And Warranties

  1. NEWERA always makes maximum efforts, within reasonable commercial limits, to maintain the stability of the NEXA platform. However, the User acknowledges and agrees that these efforts may not meet all of the User's expectations or specific requirements. Unless otherwise expressly provided in these Terms of Service or a Contract, NEWERA provides the NEXA Service on an “AS IS” and “AS AVAILABLE” basis. NEWERA makes no warranty of any kind, whether express or implied, including but not limited to warranties of uninterrupted continuity, absolute security, the absence of technical errors in NEXA, or the accuracy or authenticity of information the User receives while using the Service. In all cases, the User undertakes to release NEWERA from all liability relating to any loss, damage, reduction in revenue, loss of data, or costs arising from the User's use of, or inability to use, the NEXA Service.
  2. NEWERA will apply the technical measures and security and safety procedures necessary under applicable law and NEWERA's official statements to protect Users' personal information. However, the User acknowledges, understands and agrees that technical risks relating to the provision, storage and security of data over the internet or digital media are always inherent. NO TECHNICAL SYSTEM OR SECURITY MEASURE IS ABSOLUTELY SECURE, or capable of preventing all sophisticated unauthorized intrusions. Accordingly, where a User's information or personal data is leaked or unlawfully accessed due to cyberattacks (hackers), technological espionage, or other force-majeure causes beyond NEWERA's reasonable control, the User agrees to release NEWERA from all related legal liability and compensation obligations.
  3. When posting, transmitting, distributing, sharing, processing or storing any User Content, the User represents and warrants that the User Content (i) is entirely lawful, does not violate applicable law, and does not infringe the rights or lawful interests of any individual or organization; and (ii) does not breach any confidentiality obligation under any non-disclosure and/or non-compete agreement, intellectual property right (including trade secrets), and/or any other commitment or restriction between the User and a third party. The User understands and agrees that NEWERA only provides the tools and technical platform and has no obligation to proactively monitor, moderate or verify the legality, validity or security of User Content. To the maximum extent permitted by applicable law, NEWERA is released from all legal liability or damages arising from or relating to any User Content processed by the User on the system. The User is fully liable under the law and to relevant parties for any dispute arising from their own User Content.
  4. To the maximum extent permitted by applicable law, the User agrees to indemnify and hold NEWERA harmless against (i) any claims or lawsuits by third parties, and/or (ii) any investigation, inspection, audit, handling, sanction, or proceeding conducted by a competent state authority, arising from or relating to User Content, the User's use of NEXA, or any breach of these Terms of Service. This indemnification obligation covers all legal liability and costs arising from claims, damages, judgments, rulings, decisions, fines, litigation costs and related legal expenses borne by NEWERA, and the User shall participate in resolving such matters at their own expense.

Article 13. Governing Law And Dispute Resolution

  1. All matters, content and any disputes arising from or relating to the performance of these Terms of Service shall be interpreted and governed by the laws of the Socialist Republic of Vietnam.
  2. Matters not provided for in these Terms of Service shall be governed by other applicable laws of Vietnam, and the Parties shall have corresponding rights and obligations under such applicable laws of Vietnam.
  3. If any provision of these Terms of Service is declared invalid or unenforceable by a competent authority under applicable Legal Regulations, the validity and enforceability of the remaining provisions of these Terms of Service shall not be affected and shall remain fully binding on the User and NEWERA. Any such invalid or unenforceable provision shall be deemed amended, adjusted or replaced by a new, lawful and enforceable provision consistent with applicable Legal Regulations.
  4. NEWERA and the Customer and/or User hereby acknowledge that the governing law for resolving any dispute between the parties relating to the NEXA Service shall be the law of Vietnam only, without reference to the law of any other jurisdiction under any circumstances. Any dispute relating to these Terms of Service shall first be resolved by the parties through negotiation on a mutually beneficial basis. Where negotiation between the Parties is unsuccessful, either party has the right to bring the dispute to a competent people's court for resolution in accordance with Legal Regulations.

NOTE:

These NEXA Terms of Use are made in Vietnamese and shall be legally binding upon the relevant parties. In the event that these Terms of Use are translated into any foreign language, such translation is for reference purposes only. In the event of any discrepancy or inconsistency between the foreign language translation and the Vietnamese version, the Vietnamese version shall prevail.