Terms of Service — Hitek Nova Ltd.
Last updated: 1 June 2026
Version: 0.1 DRAFT — pending final legal review
This draft is published for transparency about how Hitek Nova Ltd. provides its services. It will be replaced by the final, legally reviewed version once that review is complete.
At a glance
- Who we are: Hitek Nova Ltd. (Vietnam), provider of TestPod — a device diagnostic, erasure, labeling, and reporting platform.
- Who these terms apply to: business customers (refurbishers, repair shops, IT asset recovery businesses, wholesalers) who register for TestPod or buy our hardware.
- What you get: access to TestPod desktop software, the cloud dashboard at testpod.space, diagnostic and erasure features, generated reports, and optional label printing.
- What you pay for: a subscription (billed in advance), optionally hardware (label printer), via PayPal or other approved payment methods.
- What you must not do: resell our software, abuse the service, process devices you don't have the right to process, or break the law.
- What we won't be liable for: indirect or consequential damages; our total liability is capped at the amount you paid us in the prior 12 months.
- Governing law: Vietnam. Disputes are resolved in Vietnamese courts unless we agree otherwise.
1. About these Terms
These Terms of Service ("Terms") govern your access to and use of the services provided by Hitek Nova Ltd. (business registration number 0313995949, registered office at C60 Xom Chieu, Xom Chieu Ward, Ho Chi Minh City, Vietnam) ("Hitek", "we", "us", "our"), including the TestPod desktop application, the dashboard at testpod.space, the website at hiteknova.com, and any related hardware, software, APIs, documentation, and support (collectively, the "Service").
By registering for, accessing, or using the Service, you ("Customer", "you") agree to these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.
If you do not agree to these Terms, do not register for or use the Service.
2. Definitions
- Customer Account — your account with Hitek used to access the Service.
- Operator — a person authorized by the Customer to use the Service on the Customer's behalf (such as an employee or technician).
- Customer Devices — the phones, tablets, computers, watches, storage devices, and other devices that you process through the Service.
- Customer Data — data you, your Operators, or Customer Devices submit to or generate within the Service, including device identifiers, diagnostic results, erasure records, and reports.
- End User — the person whose Customer Device is being processed (for example, the original owner of a phone brought to your shop for repair, trade-in, or resale).
- Subscription — the paid plan you select to access the Service.
- Documentation — the user guides, manuals, and help materials we make available for the Service.
3. The Service
Hitek provides software and cloud services for testing, diagnosing, erasing, labeling, and reporting on used and new devices, primarily for business customers in the device refurbishment, repair, and IT asset recovery markets.
Specific features available to you depend on the Subscription plan you select. Hitek may add, modify, or remove features over time. We will give reasonable notice of material changes that affect features you actively use.
Hitek may also sell or recommend hardware (such as label printers) that integrates with the Service. Hardware is sold subject to the manufacturer's warranty and, where applicable, our Hardware Terms (see Section 11).
4. Accounts and eligibility
To use the Service you must register a Customer Account and provide accurate, complete information. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account, including activity by your Operators.
You must be at least 18 years old and legally able to enter into a binding contract. The Service is intended for business use; it is not designed for consumer use.
You agree to notify us promptly at support@hiteknova.com of any unauthorized access to your account.
5. Subscriptions, billing, payment, refunds
5.1 Subscription
The Service is offered on a paid Subscription basis. The Subscription fee, billing period, included usage limits, and renewal terms are described at the time you sign up or in any order form we provide to you.
5.2 Billing
Unless otherwise agreed in writing, fees are billed in advance for each Subscription period and are non-refundable except as required by law or as expressly stated in these Terms. All fees are quoted exclusive of taxes; you are responsible for any applicable taxes, duties, or withholdings.
5.3 Payment methods
Payments are processed by our payment partners, including PayPal. We may also accept other payment methods, including cryptocurrency (where supported). When you pay through a third-party payment processor, that processor's terms also apply to the payment transaction. We store your PayPal account email so we can reconcile incoming payments to your Customer Account.
5.4 Late payment
If a payment is late, we may suspend or terminate your access to the Service after reasonable notice. We may charge late-payment interest at the maximum rate permitted by law.
5.5 Renewal and cancellation
Subscriptions renew automatically for the same period unless you cancel before the renewal date. You can cancel by contacting support@hiteknova.com or using the cancellation feature in the dashboard, where available. Cancellation takes effect at the end of the current paid period.
5.6 Refunds
Subscription fees are generally non-refundable. We may, at our discretion, provide a prorated refund in cases of (a) a material defect in the Service that we are unable to remedy within a reasonable time, or (b) where required by law.
5.7 Price changes
We may change prices for new Subscription periods. We will notify you of price changes by email or in the dashboard at least 30 days before the change takes effect. If you do not accept the new price, you may cancel before it takes effect.
6. License to use the Service
Subject to your compliance with these Terms and payment of applicable fees, Hitek grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service during your Subscription period, solely for your internal business purposes.
You may permit your Operators to use the Service on your behalf. You are responsible for your Operators' compliance with these Terms and for all activity under your account.
This license does not include the right to: (a) resell, lease, or commercially distribute the Service; (b) reverse engineer, decompile, or attempt to extract source code, except to the extent allowed by mandatory law; (c) remove or alter any proprietary notices; (d) use the Service to build a competing product; or (e) use the Service in any way that is unlawful or that infringes our or any third party's rights.
7. Acceptable use
You agree not to:
- Use the Service to process devices that you do not have the legal right to process
- Use the Service to circumvent any device lock, security mechanism, or activation requirement in violation of law or the device owner's rights
- Use the Service to test, sell, refurbish, or process stolen, counterfeit, or unlawfully obtained devices
- Upload viruses, malware, or other harmful code
- Attempt to access another customer's account or data
- Interfere with or disrupt the Service, including by overloading servers or APIs
- Use the Service in a way that violates applicable export-control, sanctions, anti-bribery, anti-money-laundering, consumer-protection, or data-protection laws
- Share report links publicly when those reports contain information that should remain confidential
We may suspend or terminate access for breach of these rules, with or without notice depending on severity.
8. Customer Data and Customer Devices
8.1 Your data is yours
As between you and Hitek, you own your Customer Data. We process Customer Data only to provide the Service to you, support you, secure the Service, comply with law, and as otherwise permitted by these Terms or our Privacy Policy.
8.2 Your responsibility for the data and devices you process
You represent and warrant that you have the legal right to process each Customer Device and to submit any Customer Data to the Service, including the right under applicable data-protection and consumer-protection laws to do so. You are responsible for obtaining any consents or notices required from End Users.
You understand that the Service may capture technical information about Customer Devices (device identifiers, model, capacity, lock or account status, diagnostic results, erasure records). The Service is not designed to capture personal content stored on the device (such as photos, contacts, messages, or files), as described in our Privacy Policy.
8.3 Erasure
You acknowledge that the erasure features of the Service permanently delete data on Customer Devices. Erasure is irreversible. You are responsible for ensuring you have backed up any data you wish to preserve before performing an erasure. Hitek is not responsible for data lost due to erasure performed through the Service.
8.4 Reports and report links
Reports and report links generated by the Service may contain information about Customer Devices and End Users. Access to a report may require authentication or a unique URL. You are responsible for controlling who you share report links with.
8.5 Data processing on your behalf
Where Hitek processes personal data on your behalf, we act as a processor under your instructions, our agreement, and applicable law. We can provide or agree appropriate data processing terms with business customers where required. Contact privacy@hiteknova.com.
9. Customer obligations to End Users
If you process devices belonging to End Users (your repair, refurbishment, or trade-in customers), you remain responsible for your direct relationship with them. This includes:
- Telling them what you do with their device
- Obtaining any consent required by applicable law before testing, erasing, or labeling their device
- Providing them with appropriate privacy and service information
- Backing up their data if they ask you to
- Handling their requests for access, correction, deletion, or other data-subject rights
Hitek does not have a direct relationship with your End Users.
10. Service availability and support
We aim to provide the Service with reasonable continuity. We do not guarantee uninterrupted or error-free operation. We may schedule maintenance windows and will give reasonable notice of planned downtime where possible.
Support is provided through the channels described in the Documentation or on the website (typically email at support@hiteknova.com). Response times depend on your Subscription plan.
11. Hardware
Where Hitek sells you hardware (for example, label printers), the hardware is sold subject to the manufacturer's warranty. Risk of loss passes to you on delivery. Returns and warranty claims are governed by our return policy and the manufacturer's warranty terms, which we will provide at the time of purchase.
Use of Hitek-supplied hardware does not extend the license to the Service beyond your Subscription period. You may continue to own the hardware after your Subscription ends, but the Service-side features that integrate with it will no longer be available.
12. Intellectual property
Hitek and its licensors own all intellectual property rights in the Service, the software, the Documentation, the Hitek brand and logos, and all related materials. Nothing in these Terms transfers any of those rights to you, except for the limited license granted in Section 6.
If you give us feedback, suggestions, or ideas about the Service, you grant us a perpetual, worldwide, royalty-free license to use that feedback to improve the Service, without obligation to you.
13. Third-party services
The Service may integrate with third-party services such as PayPal (payments), Google Cloud (hosting), Meta (customer chat), YouTube (embedded videos), and others. Your use of those third-party services is subject to their terms. We are not responsible for third-party services' availability or content, except to the extent they are part of the core Service we provide to you.
14. Confidentiality
Each party may receive non-public, confidential information from the other ("Confidential Information"). The receiving party will protect the disclosing party's Confidential Information using at least the same care it uses for its own confidential information of similar sensitivity, and will not use or disclose it except to perform under these Terms or as required by law.
Confidential Information does not include information that (a) is or becomes public through no fault of the receiving party, (b) the receiving party already lawfully knew, (c) is independently developed without use of the disclosing party's information, or (d) is rightfully received from a third party without confidentiality obligations.
15. Disclaimers
The Service is provided "as is" and "as available", without warranties of any kind, express or implied. To the maximum extent permitted by law, Hitek disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.
Without limiting the above, Hitek does not warrant that the Service will be uninterrupted, error-free, or completely secure; that it will correctly identify every defect, lock state, or stolen-device status in every Customer Device; or that erasure will satisfy every regulatory or certification standard applicable to your business. You are responsible for verifying that the Service meets your specific operational and legal needs.
16. Limitation of liability
To the maximum extent permitted by law:
- Hitek is not liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost revenue, lost data, lost devices, lost goodwill, or business interruption, even if we were advised of the possibility.
- Hitek's total cumulative liability arising out of or relating to these Terms or the Service is limited to the amount you paid Hitek in the 12 months preceding the event that gave rise to the liability.
Nothing in these Terms limits liability that cannot be limited under applicable law (such as for gross negligence, willful misconduct, or death or personal injury caused by negligence).
17. Indemnification
You agree to indemnify and hold Hitek (and its affiliates, employees, and agents) harmless from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service in breach of these Terms or applicable law; (b) Customer Data or Customer Devices you submit to the Service; (c) your processing of End Users' devices and data; or (d) your products or services that incorporate or rely on outputs of the Service.
18. Term and termination
18.1 Term
These Terms apply from the date you first register or use the Service and continue until terminated under this section.
18.2 Termination by you
You may terminate by cancelling your Subscription as described in Section 5.5.
18.3 Termination by Hitek
We may suspend or terminate your access to the Service if (a) you breach these Terms, including by failing to pay; (b) we reasonably believe your use of the Service poses a security, legal, or reputational risk; (c) required by law or regulator action; or (d) we discontinue the Service generally (in which case we will give reasonable advance notice).
18.4 Effect of termination
On termination: your right to access the Service ends; we may delete your Customer Data after a reasonable transition period; unpaid fees become immediately due; sections that by their nature should survive (including Sections 6 (no IP transfer), 12, 14, 15, 16, 17, 21, and 24) survive.
19. Suspension
We may suspend access to the Service immediately if we reasonably believe it is necessary to (a) protect the security or integrity of the Service or other customers, (b) comply with law or a regulatory or court order, or (c) address a serious risk caused by your use of the Service. We will try to give you advance notice where reasonable.
20. Changes
20.1 Changes to the Service
We may update, add, or remove features of the Service. We will give reasonable notice of material changes that materially reduce features you actively use.
20.2 Changes to these Terms
We may update these Terms from time to time. We will update the "Last updated" date at the top and, for material changes, notify you by email or through the Service at least 30 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance.
21. Governing law and dispute resolution
These Terms are governed by the laws of the Socialist Republic of Vietnam, without regard to its conflict-of-laws rules.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by negotiation in good faith between the parties. If the dispute is not resolved within 30 days, either party may submit the dispute to the competent courts of the Socialist Republic of Vietnam, unless the parties agree in writing to a different forum (such as arbitration).
Nothing in this section prevents either party from seeking interim or injunctive relief from any court of competent jurisdiction.
22. Force majeure
Neither party is liable for failure or delay in performance (other than payment obligations) caused by an event beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunication failures, third-party service outages, pandemics, or other similar events.
23. Notices
We may give you notices through the Service, by email to the address associated with your account, or by posting on https://hiteknova.com. You may give us notices by email to support@hiteknova.com or to our registered office shown in Section 1.
24. Miscellaneous
- Entire agreement. These Terms, our Privacy Policy, and any order form or supplemental terms we agree in writing constitute the entire agreement between you and Hitek regarding the Service and supersede any prior agreements.
- No waiver. Our failure to enforce any right or provision is not a waiver of that right.
- Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full effect.
- Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or reorganization, with notice to you.
- No agency. No partnership, joint venture, agency, or employment relationship is created by these Terms.
- Headings. Section headings are for convenience and do not affect interpretation.
- Language. These Terms may be provided in multiple languages. Where there is a conflict, the English version prevails unless local law requires otherwise.
25. Contact
Questions about these Terms or the Service:
- General support: support@hiteknova.com
- Privacy / data protection: privacy@hiteknova.com
- Post: C60 Xom Chieu, Xom Chieu Ward, Ho Chi Minh City, Vietnam
v0.1 DRAFT — pending final legal review. Last updated 1 June 2026.
