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Terms of Use

Last Updated: January 25, 2026

Welcome to Kivita! These Terms of Use (“Terms”) govern your use of Kivita’s products and services (“Company,” “we,” “us”), including:

  • FM365 - Personal finance management app
  • BMS360 - Business finance management and CRM platform
  • Website kivitapps.com and related services

By downloading, installing, or using any Kivita product, you agree to comply with these Terms. If you do not agree, please do not use our services.

Part A: General Terms (Applies to All Products)

1. About Kivita

Kivita is a technology company focused on developing financial management solutions for individuals and businesses. We provide mobile applications and web platforms to help users manage their finances more effectively.

2. License to Use

Subject to your compliance with these Terms, Kivita grants you a license that is:

  • Limited - only for the specified purposes
  • Non-exclusive - we may license to others
  • Non-transferable - you cannot transfer rights to others
  • Revocable - we may revoke if you violate these Terms

You must NOT:

  • Copy, modify, distribute, sell, lease, or sublicense the products
  • Decompile, reverse engineer, disassemble, or attempt to derive source code
  • Use products for illegal or unauthorized purposes
  • Remove or modify copyright or trademark notices
  • Interfere with or circumvent product security systems
  • Use bots, crawlers, or automated tools to access services

3. User Accounts

To use certain features, you need to create an account. You are responsible for:

  • Providing accurate and up-to-date information
  • Keeping your login credentials secure
  • All activities that occur under your account
  • Notifying us immediately if you detect unauthorized access

We reserve the right to suspend or delete accounts if violations are detected.

4. Intellectual Property Rights

All Kivita products, including design, text, graphics, software, and other content, are owned by Kivita and protected by copyright, trademark, and intellectual property laws.

The trademarks “Kivita,” “FM365,” “BMS360” and related logos are property of Kivita.

5. Privacy and Data Protection

The collection and use of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6. Paid Features and Subscriptions

Some Kivita products may offer paid features or subscriptions:

  • Payments are processed through App Store (Apple/Google) or designated payment gateways
  • Subscription fees are charged in advance on a recurring basis (monthly/yearly)
  • You may cancel subscriptions at any time through account settings
  • Refund policies follow the regulations of the distribution platform (App Store, Google Play)

7. Disclaimers

Kivita products are provided on an “AS IS” and “AS AVAILABLE” basis.

We do NOT guarantee:

  • Services will be uninterrupted or error-free
  • Results from using services will be accurate or reliable
  • Services will meet all your requirements

Important: Kivita products provide financial management tools, NOT financial advice. All financial decisions are your responsibility.

8. Limitation of Liability

To the maximum extent permitted by law:

  • Kivita is NOT liable for any indirect, incidental, special, consequential, or punitive damages
  • Our total liability shall not exceed the amount you paid for services in the preceding 12 months (or VND 1,000,000 if you use free services)

9. Indemnification

You agree to indemnify and hold Kivita harmless from any claims, damages, costs arising from:

  • Your violation of these Terms
  • Your misuse of services
  • Your violation of third-party rights

10. Termination

We may suspend or terminate your access:

  • If you violate these Terms
  • If necessary to protect services or other users
  • Per legal requirements

Upon termination, your right to use products ceases immediately. You may export your data before deleting your account.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of Vietnam.

Disputes shall be resolved in the following order:

  1. Good faith negotiation between parties
  2. Mediation through a third party (if needed)
  3. Competent courts in Vietnam

12. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated through:

  • Updating the “Last Updated” date
  • In-app notifications
  • Email (if you have an account)

Continued use of services after changes constitutes acceptance of the new Terms.

Part B: Terms Specific to FM365

13. About FM365

FM365 is a personal finance management app, distributed through Apple App Store and Google Play Store.

You acknowledge:

  • These Terms are between you and Kivita, not Apple or Google
  • Apple/Google is not responsible for FM365 or its content
  • Your use of FM365 must comply with the respective App Store/Play Store Terms

14. FM365 Data and Sync

Local-Only Mode:

  • Your data is stored only on your device
  • You are responsible for backing up data
  • If you lose your device or delete the app, data may be permanently lost

Sync Mode:

  • Data is end-to-end encrypted and synced to cloud
  • If you forget your password/encryption key, we CANNOT recover encrypted data
  • You are responsible for remembering your login credentials and encryption key

15. Appropriate Use of FM365

FM365 is designed for personal expense tracking. You must NOT use FM365 to:

  • Manage business finances (please use BMS360)
  • Store illegal information
  • Any activities that violate the law

Part C: Terms Specific to BMS360

16. About BMS360

BMS360 is a business finance management and CRM platform, provided as Software as a Service (SaaS).

17. Business License

BMS360 offers business subscription plans with varying user counts and features. Your license:

  • Applies only to the registered number of users
  • Cannot share login credentials among multiple people
  • May include additional features depending on the plan

18. Business Data

Data Ownership:

  • You retain ownership of all business data you input into BMS360
  • We only process data according to your instructions and to provide services

Your Responsibilities:

  • Ensure customer data is collected legally
  • Comply with data protection regulations applicable to your business
  • Notify customers that their data is being processed
  • Secure login credentials for all users in your organization

19. Service Level Agreement (SLA)

BMS360 commits to:

  • Target uptime: 99.5% (excluding scheduled maintenance)
  • 48-hour advance notice for scheduled maintenance
  • Technical support via email during business hours

SLA details may vary depending on your subscription plan.

20. Data Export and Termination

Upon terminating BMS360 subscription:

  • You have 30 days to export your data
  • After 30 days, data will be permanently deleted
  • We can assist with data export upon request

Part D: Final Provisions

21. Severability

If any provision is found unenforceable or invalid, that provision will be adjusted to the minimum extent necessary so that remaining provisions remain in effect.

22. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Kivita regarding the use of our products.

23. Contact Us

If you have questions about these Terms, please contact:

KIVITA Email: support@kivitapps.com Website: https://kivitapps.com