Locale image
Hero background mobile
TERMS OF USE
Last updated: December 09, 2025

Welcome to Pancake. This Terms of Use ("Agreement") is a legal contract between You ("Customer") and PANCAKE VIET NAM COMPANY LIMITED ("Pancake" or "We").
By registering an account, making payment, or accessing the Software, you acknowledge that you have read, understood, and agree to be bound by these terms.
1. DEFINITIONS
  • "Software": Refers to the Pancake platform, including source code, website interface, mobile applications, and updates provided by us.
  • "Customer": Refers to the individual or entity purchasing the License to use the Software.
  • "License": The limited, non-exclusive, non-transferable right granted by Pancake to the Customer to access and use the Software.
  • "Subscription Plan": The specific package of features, limits, and duration selected by the Customer.
2. ACCOUNT & SECURITY
  • The Customer is responsible for providing accurate registration information.
  • The Customer is solely responsible for maintaining the confidentiality of their login credentials (username, password, API Keys). Any activity occurring under the Customer's account is the sole responsibility of the Customer.
  • Pancake is not liable for any loss or damage arising from unauthorized access to your account.
3. PAYMENT, DELIVERY, AND ACCEPTANCE
Given the nature of Software as a Service (SaaS), the delivery process is defined as follows:
  • Payment: Full payment for the Subscription Plan is required upfront.
  • Delivery: The License is considered successfully delivered immediately upon system activation notification sent to the Customer.
  • Acceptance: Logging in and using the Software constitutes an automatic Acceptance of Product. The Customer acknowledges the Software functions as described at the time of delivery and waives the requirement for a physical acceptance certificate.
  • Invoicing: Invoices will be issued as "Software License Fee" or equivalent to reflect the nature of the software product.
4. NO REFUND POLICY
Unless otherwise provided in writing, all fees paid for the Software License are non-refundable under any circumstances, including early termination by the Customer.
5. ACCEPTABLE USE POLICY (AUP)
The Customer agrees NOT to use the Software to:
  • Send spam, phishing messages, or illegal content.
  • Violate community standards or policies of third-party platforms (Meta, TikTok, Shopee, Google, etc.).
  • Unauthorized access, reverse engineer, or sabotage the Software.
  • Violation Handling: Pancake reserves the right to permanently suspend the account without prior notice and without refund for any violation of this policy.
6. UPDATES AND FEATURE MODIFICATIONS
  • Pancake is an "Evolving Software." We reserve the right to update, modify, add, or remove features at any time to improve performance or security.
  • Such modifications do not alter the core nature of the License purchased.
7. INTELLECTUAL PROPERTY
  • Pancake's IP: We retain all rights, title, and interest in the Software, source code, and trademarks. The Customer is granted a right to use, not ownership.
  • Customer's IP: Data uploaded by the Customer remains the property of the Customer.
8. DATA RETENTION AND DELETION
  • If the Subscription Plan expires and is not renewed within 30 days, Pancake reserves the right (but is not obligated) to permanently delete Customer Data to free up server resources.
  • We are not responsible for any data loss caused by the Customer's failure to renew in time.
9. DISCLAIMER OF WARRANTIES
  • The Software is provided on an "AS-IS" basis. Pancake does not guarantee that the Software will be error-free or uninterrupted.
  • Pancake explicitly disclaims liability for errors, interruptions, or account restrictions (checkpoints) caused by Third-Party Platforms (e.g., Facebook/Meta, TikTok, E-commerce sites) or changes in their policies.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Pancake's total liability for any claim arising out of this Agreement shall not exceed the amount paid by the Customer for the Subscription Plan in the three (03) months preceding the incident.
11. FORCE MAJEURE
Neither party shall be liable for failure to perform due to causes beyond reasonable control, including acts of God, war, pandemics, international cable failures, or government orders prohibiting the provision/use of the software.
12. GOVERNING LAW
This Agreement shall be governed by the laws of Vietnam. Any disputes shall first be resolved through negotiation. If unresolved, the dispute shall be submitted to the competent Court in Hanoi.