- 1. Scope and which document wins
- 2. Map to the Terms
- 3. Marketing information on the website
- 4. “As is” service and no default SLA
- 5. AI output
- 6. Links, payments, and other vendors
- 7. User content and End Users
- 8. Operational incidents - no compensation; we decide the complaint
- 8.1. What we do
- 8.2. Who decides
- 8.3. No compensation for operational incidents
- 8.4. Backups
- 8.5. The 7-day / 14-day refund is not incident compensation
- 9. Limitation of liability (Terms Section 20)
- 10. You indemnify Appifio (Terms Section 21)
- 11. What “proven” and “willful misconduct” mean
- 11.1. Harm must be proven
- 11.2. Our willful misconduct
- 11.3. Non-waivable user rights
- 12. Compensation - two cases only
- 12.1. How much (only if those conditions are met)
- 13. How to send a claim or an incident complaint
- 14. Contact
- 15. Related documents
Disclaimer
We decide operational-incident complaints. We pay compensation only for proven willful misconduct or a non-waivable breach of your rights.
1. Scope and which document wins
This Disclaimer is a Related Policy under the Terms of Service Section 2. It explains, in plain language, how we handle operational incidents, who decides a complaint, and when we compensate.
It applies to the Service on appifio.com (biolinks, websites, web apps, PWAs, Creator, hosting, short links, QR, chatbots, and related features), operated by Hydros Co., Ltd. (Công ty TNHH HYDROS), tax code 0316193171.
Order of documents: the Terms are the main contract. This Disclaimer fleshes out Sections 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, and 24. If wording conflicts on rights and obligations, the Terms win - unless mandatory law requires a result that is better for a consumer. Complaint procedure: Service & Complaints Policy. Refund procedure: Payment & Refund Policy.
Vietnamese law governs. The product is mainly in English; you may live outside Vietnam - that does not change the governing law, except mandatory consumer rights where you live (Terms Section 23.3). Nothing here excludes liability the law does not allow to be excluded: our willful misconduct; death or personal injury caused by our fault; non-waivable consumer rights.
2. Map to the Terms
| Topic | Terms | In short |
|---|---|---|
| AI, review before you publish | Sections 9, 13 | You check AI output. Do not use it in life-critical systems. |
| Content you post | Section 8 + AUP | You are responsible for Your Work and User Content. |
| Your visitors (End Users) | Sections 14, 21 | We are infrastructure. Orders and content on Your Work are yours. |
| Payments, AI, domains, third-party APIs | Section 15 | Third parties are “as is.” Their outage is not automatically our willful misconduct. |
| Security, backups, technical faults | Section 16 | We use reasonable measures. We do not promise to stop every attack. You back up. |
| Uptime, support, beta | Section 17 | No SLA unless a signed enterprise contract says so. |
| “As is / as available” | Section 19 | No promise of unbroken, error-free service, or fitness for every private purpose. |
| Liability cap; no pay-out for operational incidents | Section 20 | We decide operational complaints. Compensation only for willful misconduct or a non-waivable rights breach. |
| You indemnify us | Section 21 | Claims that come from Your Work or your breach. |
| Personal data | Section 22 + Privacy Policy | Incident notice under Vietnamese law. |
| Complaints and courts | Section 23 | 30-day negotiation; mandatory consumer rights stay. |
| Force majeure | Section 24 | Disaster, power / telecom failure, large-scale cyber-attack, sudden law change. |
3. Marketing information on the website
Under Terms Section 19: blog posts, samples, illustrative stats, and feature write-ups are general reference, given in good faith. We do not warrant they are always accurate, complete, current, or right for every case. We will fix mistakes when we get a valid report via appifio.com/contact.
If you rely on marketing copy (including revenue examples, speed claims, or “no code needed”), you take that risk, to the extent the law allows. What actually binds us is the plan on the checkout page, the invoice, the Terms, and any separately signed contract.
4. “As is” service and no default SLA
Under Terms Sections 17 and 19: the Service (hosting, Creator, biolinks, sites, apps) is provided “as is” and “as available.” Unless a signed SLA or enterprise contract says otherwise, we do not warrant:
- 100% uptime, no bugs, no interruption;
- fitness for a private business purpose you never described and we never accepted in writing;
- that output or Your Work will not infringe third-party rights.
Beta / preview / trial features can be withdrawn at any time and are not a formal commitment (Section 17).
5. AI output
Under Terms Sections 9 and 13: AI output can be wrong, incomplete, biased, stale, or similar to someone else’s text or code. Review it, test it, and get professional advice before you publish or rely on it. We do not warrant that output is original or “IP-clean.”
If you turn on auto-generate, run, deploy, or custom-domain attach, you own the consequences of code executed on your instruction (data loss, holes, downtime, third-party bills) - unless the damage qualifies under Section 12 of this Disclaimer.
6. Links, payments, and other vendors
Under Terms Section 15: payment processors, domains, AI vendors, maps, pixels, social networks, open-source libraries, and APIs they control are provided “as is.” We do not endorse their content, goods, or deals with you, and we do not investigate every link.
A vendor outage (bank, processor, cloud, DNS, AI) is not automatically Appifio’s willful misconduct. An affiliate link on a marketing page does not make us the seller of the destination deal.
7. User content and End Users
Under Terms Sections 8, 14, 21 and the AUP:
- Views, goods, orders, and support on Your Work / showcase / comments belong to the poster, not to Appifio - unless we clearly say the content is ours.
- You supply Your Work to your End Users. Disputes between you and your customers (payment, delivery, content, data they typed into your forms) are yours to resolve.
- We provide infrastructure / tools. We are not a party to the contract between you and an End User - except where the law treats a hosting platform as responsible in a specific case (for example failing to take down unlawful content after a valid notice).
Third-party logos and marks on appifio.com belong to their owners. Showing them does not mean those owners endorse or sponsor Appifio.
8. Operational incidents - no compensation; we decide the complaint
Under Terms Sections 16, 17, 20, and 24. An operational incident includes (without limitation): server, DNS, SSL, backup, dashboard, Creator, network, plan-quota, maintenance, software bugs, operator error, infrastructure-vendor failure, or a cyber-attack.
Rule: an operational incident - whether we can fix it or not - does not create a right to compensation. Receiving a complaint is not an admission that we owe money or a refund.
8.1. What we do
- Try to detect, contain, and fix the issue in a reasonable time when it is in the Service;
- Post or email a notice when a serious, lasting incident hits many customers - when we reasonably can;
- For a security incident that exposes personal data: notify as Vietnamese law requires (Terms Sections 16, 22 and the Privacy Policy);
- Take complaints at appifio.com/contact under the Service & Complaints Policy.
8.2. Who decides
We investigate and decide the outcome of an operational complaint. That can include one or more of:
- fix / restore the Service;
- tell you what to do on your side;
- find that the issue is out of scope (a vendor, your configuration, force majeure, an AUP breach);
- refuse compensation or a refund;
- if we choose: a goodwill gesture (extra time, credits, a partial refund) - a commercial decision, not a duty to compensate, and not a precedent.
Fixable and unfixable incidents follow the same path. You may not infer “if they cannot fix it, they must pay” or “they must refund.”
8.3. No compensation for operational incidents
We do not compensate for harm (direct or indirect) from an operational incident, including lost data, lost orders, expected profits, rework, delay, or reputational harm - unless the case meets Section 12 (proven willful misconduct or a non-waivable user-rights breach).
We also do not compensate if you did not back up; you deleted the data; the plan expired; the account was locked for a breach; the fault is your config / code / DNS; a third party failed (Section 15); force majeure (Section 24); or reasonable maintenance.
8.4. Backups
You back up important User Content off the Platform. Any backup we keep is for running the Service, not a private archive for each customer, unless the plan or a contract says otherwise.
8.5. The 7-day / 14-day refund is not incident compensation
Asking for a refund under the Payment & Refund Policy and Terms Section 5.5 is a separate commercial cooling-off / cancel path. A 100% refund in 7 days only if AI credits used that month stay at or under 10% of the monthly quota. Whether we accept or refuse a refund under that policy is not compensation for an operational incident.
9. Limitation of liability (Terms Section 20)
To the extent the law allows, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, lost goodwill, or business interruption - in contract or tort, even if we were told they might happen.
Operational incidents and technical complaints follow Section 8: we decide; no compensation. The cap in Terms Section 20 (fees in the last 6 months, or USD 80 / the equivalent of VND 2,000,000 if you paid in dong, whichever is greater) is a ceiling if a court or authority still finds some other liability (not Section 12). It is not an amount you can demand just because there was an operational incident.
Only Section 12 opens a duty for us to compensate under this Disclaimer.
10. You indemnify Appifio (Terms Section 21)
If a third party (including an End User, an IP owner, or an authority) comes after us because of Your Work, your content, or how you used the Service, you will defend, indemnify, and hold harmless the Company, its managers, employees, and partners from losses and reasonable costs (including reasonable legal fees) when the claim arises from:
- User Content or Your Work;
- your use of the Service against the Terms, the AUP, or the law;
- a dispute between you and an End User;
- an allegation of IP, privacy, or other rights infringement.
Abuse / content: appifio.com/contact?subject=abuse. Legal / IP: appifio.com/contact?subject=legal.
11. What “proven” and “willful misconduct” mean
Section 12 is the only pair of cases that attract compensation. We review the file and decide whether the conditions are met; if you disagree, you still have the complaint and court path in Terms Section 23. Section 12 only opens when there is real harm and evidence, not guesswork.
11.1. Harm must be proven
You give us: account / email; when it happened; a concrete description; what you want; documents for direct loss (invoices, statements, receipts for recovery or a substitute service during the outage). “Expected” profit, unclosed orders, or numbers with no documents do not count as proven harm.
11.2. Our willful misconduct
Willful misconduct means an act of the Company (a representative or employee acting in the job) meant to cause harm, or fraud, or knowing we had a duty to fix a serious incident that was ours to fix, being reasonably able to fix it, and deliberately not fixing it to dodge that duty.
It is not willful misconduct: an ordinary software bug; a vendor outage; maintenance; a cyber-attack after we used measures in line with common practice (Section 16); a mistake we then fixed; a technical misunderstanding; a delay that is still within a reasonable repair window.
11.3. Non-waivable user rights
This means rights under Vietnam’s consumer-protection law and related rules the parties cannot contract away; and, for a consumer living abroad, mandatory rights of that country or region that cannot be waived (Terms Section 23.3). Examples: delivering a paid service that is not what was agreed or advertised, and then neither fixing it nor refunding as the law requires; refusing a valid complaint; processing personal data unlawfully through our fault.
Disliking a layout, AI speed, or a feature that is not in the plan you bought does not by itself become a non-waivable rights breach.
12. Compensation - two cases only
We compensate only when harm is proven under Section 11 and the case is one of the two below. Every operational incident (fixable or not) sits outside this section - see Section 8.
| We compensate | We do not compensate |
|---|---|
| 1. Appifio’s willful misconduct (Section 11.2) | Operational incidents, bugs, downtime, maintenance, vendors, force majeure - whether we can fix them or not |
| 2. Appifio’s breach of non-waivable user rights (Section 11.3) | Dislike of UI, AI speed, or out-of-plan features; an operational complaint we have not found to fall in the left-hand column |
12.1. How much (only if those conditions are met)
Once we (or a competent authority or court) find that the conditions are met, we pay in this order:
- Restore where we still can (fix, reopen the Service, restore data we still technically hold); and
- Refund the paid-plan fee for the affected cycle (what you paid for that cycle; not consumed AI credits unless the law requires it); and
- Compensate proven direct loss with documents - for example the cost of a substitute service for the relevant period, or the cost of dealing with a data exposure if that exposure came from our willful misconduct or our breach of your rights.
The 6-month / USD 80 (or VND 2,000,000 if you paid in dong) cap in Terms Section 20 does not apply to these two cases. We only refund and compensate actual, direct, already-incurred loss - not a windfall. An approved amount goes back by the original method and currency where the processor allows it. We do not pay:
- expected profits, unclosed opportunities, or guessed reputational harm;
- harm to End Users on Your Work, unless the law requires it or our willful misconduct caused that harm directly;
- harm you helped cause (no backup, leaked password, AUP breach).
If a consumer association, public authority, or court sets a different amount under the law, we follow that amount. A consumer living outside Vietnam may also use a mandatory channel where they live (Terms Section 23.3). Death or personal injury caused by our fault: Vietnam’s Civil Code and any mandatory law that applies; this section does not cap that.
13. How to send a claim or an incident complaint
- Use https://appifio.com/contact (preferred) or admin@appifio.com. Phone: +84 388 636 131.
- Say clearly whether you want an operational fix (Section 8), a refund under the payment policy, or compensation under Section 12. For compensation, state the willful-misconduct or user-rights basis and attach Section 11.1 documents.
- We confirm receipt and aim to handle the file within 7 business days of a complete file (Service & Complaints Policy Section 5). Complex cases can take longer; we will say why and where things stand.
- If we still disagree: negotiate or mediate for at least 30 days under Terms Section 23 - without cutting off a complaint to Vietnam’s consumer association, a public authority, or a mandatory channel where you live as a consumer. After that, disputes go to the courts in the Terms (default: Vietnamese courts; proceedings in Vietnamese).
14. Contact
Support / service incidents: https://appifio.com/contact
Legal / IP reports: https://appifio.com/contact?subject=legal
Abuse / content reports: https://appifio.com/contact?subject=abuse
Email: admin@appifio.com
15. Related documents
- Terms of Service
- Acceptable Use Policy
- Payment & Refund Policy
- Privacy Policy
- Service & Complaints Policy
- Cookie Notice
- Legal / IP reports: appifio.com/contact?subject=legal
- Abuse / content reports: appifio.com/contact?subject=abuse