By registering an account, integrating the API, or using any KALAPA service, you confirm that you have read, understood, and agree to comply with all of these Terms. If you are representing an organisation, you confirm that you have authority to enter into a binding agreement on behalf of that organisation.
1. Definitions
In these Terms, the following terms have the following meanings:
2. Scope of Services
KALAPA provides a technology platform as a service (SaaS/PaaS) enabling Partners to integrate identity verification, behavioural analytics, and compliance management capabilities into their applications and business processes.
2.1 Services include
- Access to RESTful APIs and webhooks under an agreed Service Level Agreement (SLA)
- SDKs for iOS, Android, React Native, Flutter, and Web
- Administrative dashboard for transaction monitoring, configuration, and reporting
- Technical support according to the subscribed service tier
- Technical documentation and sandbox test environment
2.2 Services do not include
- Legal advice on the Partner's KYC/AML compliance with regulators
- Custom application development outside the standard API/SDK scope (unless separately agreed)
- Credit decisions or application approvals — KALAPA provides verification data only; final decisions rest with the Partner
3. Conditions of Use
To use the Services, Customers must meet the following conditions:
- 1Be a legally registered organisation or individual in Vietnam or a country accepted by KALAPA
- 2Sign a Service Agreement and/or Data Processing Agreement (DPA) with KALAPA
- 3Not use the Services for illegal purposes, fraud, money laundering, or terrorist financing
- 4Maintain appropriate technical measures to protect API keys and integration credentials
- 5Inform End Users about the use of KALAPA's eKYC/verification service and obtain consent where required
4. Customer Obligations
4.1 Appropriate use
- Use the Services only for lawful purposes consistent with the Service Agreement
- Not reverse-engineer, decompile, or attempt to extract source code from the Services
- Not intentionally overload the system (DDoS, brute force, unauthorised stress testing)
- Not share API keys or credentials with unauthorised third parties
4.2 Data compliance
- Responsible for obtaining valid consent from End Users before submitting data to the KALAPA API
- Inform End Users of the purpose of processing, recipients of data (KALAPA), and their rights
- Not submit data of persons under 15 to the Services without parental/guardian consent
- Process and store API response data in accordance with applicable law
4.3 Incident reporting
Customers are obligated to notify KALAPA (within 24 hours) upon discovering any security incident involving API keys, accounts, or data connected to the Services.
5. KALAPA Obligations
- Provide the Services in accordance with the uptime SLA committed in the Service Agreement
- Notify Customers at least 5 business days before scheduled maintenance affecting API availability
- Protect Customer data in accordance with ISO 27001 and the Personal Data Protection Policy
- Provide technical support under the subscribed service tier and respond to incidents per SLA
- Notify of API changes that may affect the Customer's current integration with a minimum 30-day notice period
- Not use Customer data for purposes outside the scope of the Service Agreement and DPA
6. Intellectual Property Rights
6.1 KALAPA's assets
All intellectual property rights in the Services, including software, AI models, algorithms, API interfaces, technical documentation, trademarks, and related content, are exclusively owned by KALAPA or its licensors.
Using the Services does not grant the Customer any ownership of KALAPA's intellectual property, other than a limited, non-exclusive right to use it under these Terms.
6.2 Customer's assets
The Customer retains full ownership of input data and business results generated through use of the Services. KALAPA does not claim ownership of the Customer's data.
6.3 Feedback
If the Customer provides feedback, improvement suggestions, or ideas about the Services, KALAPA may use such feedback to improve its products without any obligation to pay or attribute.
7. Security and Data
The collection, processing, and protection of personal data is governed by KALAPA's Personal Data Protection Policy, which is incorporated into and forms an integral part of these Terms.
For enterprise customers, a Data Processing Agreement (DPA) is executed separately and takes precedence over these Terms in the event of a conflict on data protection matters.
- Customers are responsible for securing their API authentication credentials (API key, OAuth token)
- KALAPA may temporarily suspend an account if a security breach or unauthorised use is detected
- Customers must not retain biometric results returned by the API beyond the time necessary for the verification purpose
8. Limitation of Liability
8.1 Warranty disclaimer
The Services are provided "as-is" to the extent committed in the SLA. KALAPA does not warrant that the Services will be uninterrupted, error-free, or meet 100% of Customer expectations beyond the SLA scope.
8.2 Liability cap
In all cases, KALAPA's total liability to the Customer in a contract year shall not exceed the total service fees the Customer paid to KALAPA in the 3 months immediately preceding the claim.
8.3 Exclusions
- Indirect damages, loss of revenue, or data loss caused by the Customer or End Users
- Consequences from the Customer's use of verification results to make credit, lending, or application approval decisions
- Service interruptions due to force majeure: natural disasters, war, government actions, internet infrastructure failures
- Security breaches resulting from the Customer's failure to follow KALAPA's security guidelines
9. Fees and Payment
Service fees, billing cycles, and financial terms are specified in the Service Agreement or quotation executed between the parties.
- Fees are payable monthly or quarterly depending on the service tier, by the due date stated in the invoice
- Late payment may incur a penalty of 0.05% per day on the overdue amount
- KALAPA may suspend the Services 15 days after the payment due date without additional notice
- Customers may dispute an invoice within 30 days of receipt
- Fees paid are non-refundable, except where KALAPA breaches the SLA giving rise to a right of credit
10. Term and Termination
10.1 Term
These Terms are effective from the date the Customer accepts them (by registering an account, signing a contract, or beginning to use the Services) and continue until terminated as provided below.
10.2 Termination for cause
Either party may terminate these Terms immediately by written notice if the other party:
- Materially breaches these Terms and fails to remedy the breach within 15 days of receiving notice
- Becomes insolvent, bankrupt, or is dissolved
- Engages in fraud, deception, or conduct that violates applicable law in connection with the Services
10.3 Termination for convenience
The Customer may terminate by giving 30 days' written notice. KALAPA may terminate by giving 60 days' written notice.
10.4 Effect of termination
- API and dashboard access is revoked immediately upon termination taking effect
- The Customer has 30 days to export or request deletion of their data
- Obligations relating to confidentiality, data protection, intellectual property, and indemnification survive termination
11. Dispute Resolution
Disputes arising from or relating to these Terms are resolved in the following sequence:
- 1Direct negotiation: the parties attempt to resolve within 30 days of one party sending a written dispute notice
- 2Mediation: if negotiation fails, the parties may agree to use the Vietnam Mediation Centre (VMC)
- 3Arbitration or court: if mediation fails, the dispute is referred to a competent People's Court in Hanoi, Vietnam
These Terms are governed by Vietnamese law. Proceedings shall be conducted in Vietnamese.
12. General Provisions
12.1 Entire agreement
These Terms, together with the Service Agreement, DPA, and Personal Data Protection Policy, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements and communications.
12.2 Amendments
KALAPA may update these Terms and will notify Customers at least 30 days before the change takes effect. Continued use of the Services after that date constitutes acceptance of the new version.
12.3 Severability
If any provision is held to be void or unenforceable, the remainder of these Terms shall remain in full force and effect.
12.4 No waiver
A party's failure to enforce any right or remedy in a particular case shall not be construed as a waiver of that right or remedy in other cases.