Introduction

Welcome to The Duck Tool, a cutting-edge Windows application designed to assist students in obtaining and solving questions from exams at FPT University. This innovative tool is the result of the hard work and dedication of the Smart Edu Team, a group of passionate individuals committed to revolutionizing the way students learn and prepare for exams.

Please read these Terms and Conditions ("Terms") carefully before using The Duck Tool ("the Tool") operated by the Smart Edu Team ("us", "we", or "our"). Your access to and use of the Tool is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Tool, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Tool.

The Duck Tool aims to provide students with a comprehensive platform to access and solve exam questions, thereby enhancing their understanding of the subject matter and improving their performance in exams. Our primary goal is to promote a culture of learning and academic excellence by providing a reliable, easy-to-use, and efficient tool that caters to the diverse needs of students.

We understand that academic integrity is of utmost importance, and we have designed The Duck Tool to be used as a supplementary resource to aid students in their studies. It is our firm belief that the Tool should not be utilized for any unethical or dishonest practices such as cheating during exams. We take no responsibility for any misuse of the Tool, and we reserve the right to terminate access to our services for any user found to be engaging in such activities.

The Duck Tool is a dynamic platform that requires regular updates to ensure it remains relevant and accurate. Our dedicated team works tirelessly to upload new questions to our server and develop solutions for them. As a result, the content provided by the Tool is constantly evolving, making it an invaluable resource for students seeking to stay ahead in their academic pursuits.

We recognize that unforeseen circumstances may sometimes prevent us from uploading questions or providing solutions on a particular day. In such cases, we are committed to offering a refund to our users, as detailed in our refund policy. This policy ensures that our users are fairly compensated for any inconvenience they may experience due to the unavailability of our services.

We recognize that unforeseen circumstances may sometimes prevent us from uploading questions or providing solutions on a particular day. In such cases, we are committed to offering a refund to our users, as detailed in our refund policy. This policy ensures that our users are fairly compensated for any inconvenience they may experience due to the unavailability of our services.

In conclusion, The Duck Tool is an innovative Windows application that aims to transform the way students at FPT University access and solve exam questions. Developed by the Smart Edu Team, the Tool is committed to promoting academic excellence, fostering a culture of learning, and maintaining the highest standards of academic integrity.

By agreeing to these Terms and Conditions, you acknowledge and accept the purpose and intent of the Tool, as well as the responsibilities and limitations associated with its use. We look forward to helping you achieve your academic goals and to supporting you on your journey to success.

Please proceed to the next section to familiarize yourself with the complete set of Terms and Conditions that govern your use of The Duck Tool.

Accountability Provisions

1. User Responsibilities

1.1 As a user of The Duck Tool, you are responsible for using the Tool in an ethical and responsible manner, in accordance with the principles of academic integrity. You agree not to use the Tool for cheating, unauthorized collaboration, or any other dishonest practices.

1.2 You are responsible for safeguarding your account credentials, including your username and password. You agree to notify the Smart Edu Team immediately if you suspect any unauthorized use of your account or any other security breach.

1.3 You are responsible for all activities that occur under your account, and you agree to accept the consequences of any actions taken under your account, whether or not you have authorized such actions.

1.4 You agree to use the Tool only for purposes that are legal, proper, and in accordance with these Terms and Conditions and any applicable laws and regulations.

2. Smart Edu Team Responsibilities

2.1 The Smart Edu Team is committed to maintaining the accuracy and reliability of the content provided by The Duck Tool. However, we cannot guarantee the correctness, completeness, or timeliness of the information and materials provided by the Tool.

2.2 We reserve the right to modify, suspend, or discontinue any part or feature of the Tool at any time, with or without notice. We will not be liable to you or any third party for any modifications, suspensions, or discontinuations of the Tool.

2.3 We are committed to ensuring the security and privacy of our users' personal information. Please refer to our Privacy Policy for details on how we collect, use, and protect your personal information.

3. Limitation of Liability

3.1 The Smart Edu Team shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use or the inability to use the Tool, unauthorized access to or alteration of your transmissions or data, or any other matter relating to the Tool.

3.2 You agree to indemnify and hold the Smart Edu Team harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Tool, your violation of these Terms and Conditions, or your violation of any rights of another party.

4. Termination

4.1 We reserve the right to terminate your access to the Tool, without any prior notice, for any reason, including but not limited to your breach of these Terms and Conditions, the request of law enforcement or other government agencies, or technical issues.

4.2 Termination of your access to the Tool will result in the immediate deletion of any information associated with your account. We will not be responsible for any loss or damage resulting from such termination.

By agreeing to these Accountability Provisions, you acknowledge your responsibilities as a user of The Duck Tool and accept the limitations of liability associated with its use. It is our hope that by fostering a community of responsible users, we can continue to provide a valuable and effective learning platform for students at FPT University.

User Conduct and Responsibilities

This section of the Terms and Conditions outlines the acceptable and unacceptable behaviors of users while accessing and using The Duck Tool services. By agreeing to these Terms and Conditions, users acknowledge and accept the following rules and responsibilities governing their conduct.

1. Compliance with Laws and Regulations

1.1 Users are required to comply with all applicable local, national, and international laws and regulations while using The Duck Tool services. This includes, but is not limited to, laws and regulations relating to intellectual property, data protection, and privacy.

2. Prohibited Activities

2.1 Users are prohibited from engaging in any activities that:

• a) Violate any applicable laws or regulations
• b) Infringe upon the intellectual property rights of Smart Edu Team or any third party
• c) Interfere with or disrupt the normal operation of The Duck Tool services or servers
• d) Attempt to gain unauthorized access to other users' accounts or personal information
• e) Engage in any form of cheating or academic dishonesty
• f) Impersonate any person or entity or misrepresent their affiliation with a person or entity
• g) Transmit any content that is offensive, harmful, or otherwise objectionable
• h) Share or distribute the unique download link or the software provided by The Duck Tool with any third parties

3. User Responsibilities

3.1 Users are responsible for maintaining the confidentiality of their account credentials, such as their username and password, and for all activities that occur under their account.

3.2 Users are required to notify Smart Edu Team immediately of any unauthorized use of their account or any other breach of security.

3.3 Users are responsible for providing accurate and up-to-date personal and payment information while using The Duck Tool services.

4. Consequences of Violating User Conduct Rules

4.1 Users who violate these User Conduct and Responsibilities provisions may face various consequences, including but not limited to:

• a) Suspension or termination of access to The Duck Tool services
• b) Legal action by Smart Edu Team or third parties
• c) Reporting of academic dishonesty to the relevant educational institutions

By agreeing to these User Conduct and Responsibilities provisions, users acknowledge and accept the rules and expectations governing their behavior while using The Duck Tool services. Upholding these provisions is essential for maintaining a safe, secure, and effective learning environment for all users.

Intellectual Property Rights

1. Ownership of Intellectual Property

1.1 All content, software, and intellectual property related to The Duck Tool, including but not limited to text, graphics, logos, images, audio clips, video clips, software, and any other materials, are the exclusive property of Smart Edu Team or its licensors. This includes all copyrights, trademarks, patents, and other forms of intellectual property rights associated with The Duck Tool.

2. License Grant

2.1 By agreeing to these Terms and Conditions, users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use The Duck Tool services solely for their personal, non-commercial use.
2.2 Users are provided with a unique link to download the software required for accessing and using The Duck Tool services. The distribution or sharing of this link or the software with any third parties is strictly prohibited.

3. Prohibited Activities

3.1 Users are expressly prohibited from engaging in any activities that infringe upon the intellectual property rights of Smart Edu Team or its licensors. This includes, but is not limited to, the unauthorized copying, distribution, reproduction, modification, or adaptation of the software or any other materials associated with The Duck Tool.
3.2 Users found to be distributing or sharing the unique download link or the software with third parties, either for commercial or non-commercial purposes, will be in violation of these Terms and Conditions. Such actions may result in the immediate termination of the user's access to The Duck Tool services, as well as any other legal remedies available to Smart Edu Team under applicable laws.

4. Enforcement of Intellectual Property Rights

4.1 Smart Edu Team reserves the right to take any necessary actions to protect and enforce its intellectual property rights, including but not limited to monitoring user activity, conducting investigations, and cooperating with law enforcement authorities.

By agreeing to these Intellectual Property Rights provisions, users acknowledge and accept the restrictions and responsibilities associated with the use of The Duck Tool services and the protection of Smart Edu Team's intellectual property. The continued success and growth of The Duck Tool rely on the respect and adherence to these provisions by all users.

Privacy Policy

This Privacy Policy outlines the practices and procedures followed by Smart Edu Team concerning the collection, use, storage, and protection of personal information of users who access and use The Duck Tool services. By agreeing to these Terms and Conditions, users also consent to the collection and use of their personal information as described in this Privacy Policy.

1. Information Collection

1.1 We may collect personal information from users when they register for an account, purchase a package, contact customer support, or otherwise interact with our services. This information may include, but is not limited to, the user's name, email address, mailing address, phone number, and payment information.

1.2 We may also collect non-personal information about users' interactions with our services, such as IP addresses, browser types, operating systems, and usage data, to help us improve our services and user experience.

2. Information Use

2.1 The personal information collected from users may be used for various purposes, including but not limited to:

• Providing and improving The Duck Tool services
• Processing transactions and managing user accounts
• Communicating with users about updates, promotions, and other relevant information
• Responding to customer inquiries and support requests
• Enforcing our Terms and Conditions and protecting our rights and property

3. Information Sharing and Disclosure

3.1 Smart Edu Team does not sell, trade, or rent users' personal information to third parties. However, we may share users' personal information with trusted third parties who assist us in operating our services, conducting our business, or providing customer support, as long as these parties agree to keep the information confidential and adhere to applicable data protection laws.

3.2 We may also disclose users' personal information if required to do so by law, to enforce our Terms and Conditions, or to protect the rights, property, or safety of Smart Edu Team, our users, or others.

4. Information Security

4.1 We take the security of users' personal information seriously and implement reasonable technical and organizational measures to protect it from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission or storage is completely secure, and we cannot guarantee the absolute security of users' information.

5. User Rights and Choices

5.1 Users have the right to access, update, or delete their personal information by logging into their account or contacting customer support.

5.2 Users may also choose to opt out of receiving marketing communications from us by following the unsubscribe instructions included in such communications or contacting customer support.

6. Changes to the Privacy Policy

6.1 We reserve the right to update or modify this Privacy Policy at any time to reflect changes in our practices, services, or applicable laws. We will notify users of any significant changes by posting an updated version on our website and/or sending an email to the address provided by users.

By agreeing to this Privacy Policy, users acknowledge and accept the practices and procedures outlined herein regarding the collection, use, and disclosure of their personal information. Smart Edu Team's commitment to user privacy and the protection of personal information is a fundamental aspect of our mission to provide a valuable and effective learning platform for students at FPT University.

Payment Policy

1. Payment Method

1.1 The Duck Tool accepts payments via bank transfers only. The bank account information, including account number and other necessary details, will be provided to users when they choose to purchase a package.

2. Payment Processing

2.1 All payments for The Duck Tool services must be made in full at the time of purchase. We reserve the right to suspend or terminate access to our services if we do not receive the full payment.

2.2 Users are responsible for providing accurate and up-to-date payment information, including the correct bank account details for the transfer. We will not be liable for any issues or losses resulting from incorrect payment details provided by users. In the case of transfers made to an incorrect bank account or transfers made for an incorrect amount, we will not be responsible for any loss or inconvenience caused.

2.3 If a user fails to transfer the correct amount as specified in the bill and instead transfers a partial amount, the user will not be eligible for a refund for the incorrect transfer. Furthermore, even if the user transfers the remaining balance after the initial incorrect transfer, the user will still not be eligible for a refund for the incorrect transfer.

3. Pricing and Package Selection

3.1 The Duck Tool offers a range of pricing options and packages to suit the needs of different users. Users are responsible for selecting the package that best meets their requirements.

3.2 We reserve the right to modify the pricing and package options at any time, without prior notice. However, such changes will not affect existing subscriptions or purchases made before the changes take effect.

Refund Policy

1. General Refund Policy

1.1 All purchases made for The Duck Tool services are non-refundable, except for specific instances as detailed in this Refund Policy.

1.2 In the event that no questions have been uploaded to our server and no questions have been solved on a particular day, users are eligible for a refund.

1.3 Refunds will not be granted for purchases made with incorrect details provided by the user. It is the user's responsibility to ensure the accuracy of the information provided during the purchase process.

2. Minimum Right Answer Policy

2.1 The Duck Tool has a minimum right answer policy in place to ensure the quality of our services. If the correctness of our answers for a user's questions falls below the threshold specified in the user's purchased package, we will refund the difference between the actual right answers percentage and the purchased threshold.

2.2 Notwithstanding the provisions of Section 2.1, the refundable amount will not fall below the minimum percentage that we offer, which is set at 50% correct answers. This means that even if our answers' correctness falls below the purchased threshold, we will not refund more than the difference between the actual right answers percentage and 50%.

3. User-Modified Answers

3.1 We will not be held responsible for any changes made by users to the answers provided by The Duck Tool. Users who modify the answers on their own will not be eligible for a refund based on the Minimum Right Answer Policy.

Opt-Out Provisions

1. Opting Out of The Duck Tool Services

1.1 If you no longer wish to use The Duck Tool, you may opt out of our services at any time. To do so, please contact your designated supporter through the communication channels provided on our website. Provide your account details, including your username and the email address associated with your account, along with your request to opt out.

1.2 Upon receiving your opt-out request, your supporter will process the deactivation of your account and the removal of your personal information from our system in accordance with our Privacy Policy. Please note that deactivation of your account will result in the permanent loss of access to any content or data associated with your account.

2. Refund Policy

2.1 As stated in the Terms and Conditions, The Duck Tool offers refunds only in cases where no questions have been uploaded to our server and no questions have been solved on a particular day. This refund policy is designed to compensate users fairly for any inconvenience they may experience due to the unavailability of our services.

2.2 Any purchase made for The Duck Tool services is non-refundable, except for instances mentioned in Section 2.1. By agreeing to these Opt-Out Provisions, you acknowledge and accept that you will not be eligible for a refund if you choose to opt out of our services, regardless of the reason for opting out.

2.3 If you believe you are entitled to a refund as per Section 2.1, please contact your designated supporter through the communication channels provided on our website. Provide your account details, including your username and the email address associated with your account, along with a description of the circumstances that warrant a refund. our supporter will review your request and respond accordingly.

3. Cancellation of Subscription

3.1 If you have subscribed to a recurring payment plan for The Duck Tool services, you may cancel your subscription at any time. To do so, please contact your designated supporter through the communication channels provided on our website. Provide your account details, including your username and the email address associated with your account, along with your request to cancel the subscription.

3.2 Upon receiving your subscription cancellation request, your supporter will process the cancellation of your subscription and stop any future recurring payments. Please note that the cancellation of your subscription will not result in a refund for any unused portion of your current subscription term.

By agreeing to these Opt-Out Provisions, you acknowledge your right to opt out of The Duck Tool services and your understanding of the refund policy and subscription cancellation process. Our commitment to providing a valuable and effective learning platform for students at FPT University relies on a clear understanding of these provisions by our users and the personalized support provided by our dedicated team of supporters.

Limitation of Liability and Warranty Disclaimer

1. No Warranties

1.1 The Duck Tool services are provided on an "as is" and "as available" basis, without any warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

1.2 Smart Edu Team does not warrant that:

• The Duck Tool services will meet users' requirements or expectations
• The Duck Tool services will be uninterrupted, timely, secure, or error-free
• The results obtained from the use of The Duck Tool services will be accurate or reliable
• The quality of any products, services, information, or other materials obtained by users through The Duck Tool services will meet their expectations
• Any errors or defects in The Duck Tool services will be corrected

2. Limitation of Liability

2.1 To the maximum extent permitted by applicable law, in no event shall Smart Edu Team, its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

• The use or inability to use The Duck Tool services
• The cost of procurement of substitute goods or services resulting from any goods, data, information, or services obtained or messages received or transactions entered into through or from The Duck Tool services
• Unauthorized access to or alteration of users' transmissions or data
• Any conduct or content of any third party on The Duck Tool services
• Any other matter relating to The Duck Tool services

2.2 Smart Edu Team's total liability to users for all claims arising from the use of The Duck Tool services shall not exceed the amount paid by the user for the services that are the subject of the claim.

By agreeing to these Limitation of Liability and Warranty Disclaimer provisions, users acknowledge and accept the inherent risks and limitations associated with using The Duck Tool services. Smart Edu Team strives to provide a valuable and effective learning platform for students at FPT University, but cannot guarantee that the services will always be flawless or meet every user's specific needs.

Indemnification

By agreeing to these Terms and Conditions, users agree to indemnify, defend, and hold harmless Smart Edu Team, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

1. Their use of The Duck Tool services, including but not limited to any violation of these Terms and Conditions, any applicable laws or regulations, or any infringement of intellectual property rights.
2. Any content, information, or materials submitted, transmitted, or otherwise made available through The Duck Tool services by the user.
3. Any unauthorized access to or use of The Duck Tool services, including but not limited to any hacking, password mining, or other attempts to gain unauthorized access to user accounts or data.
4. Any misrepresentation or fraudulent actions taken by the user while using The Duck Tool services.

This indemnification obligation will survive the termination or expiration of these Terms and Conditions and the user's use of The Duck Tool services.

By agreeing to this Indemnification provision, users acknowledge and accept their responsibility to compensate Smart Edu Team for any losses, damages, or expenses resulting from their actions or use of The Duck Tool services. This provision is intended to protect Smart Edu Team from the potential negative consequences of user misconduct and to ensure that users are held accountable for their actions while using the platform.

Governing Law and Dispute Resolution

This section of the Terms and Conditions specifies the governing law and jurisdiction for any disputes arising from the use of The Duck Tool services and outlines the preferred method of dispute resolution.

1. Governing Law

1.1 These Terms and Conditions, as well as any disputes or claims arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of Vietnam, without regard to its conflict of law provisions.

2. Dispute Resolution

2.1 In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or the use of The Duck Tool services, the parties shall first attempt to resolve the matter amicably through negotiation.

2.2 If the parties are unable to resolve the dispute through negotiation within thirty (30) days, either party may submit the dispute to mediation in accordance with the rules of a recognized mediation institution agreed upon by both parties.

2.3 If mediation fails to resolve the dispute, either party may initiate legal proceedings in the courts of Vietnam, which shall have exclusive jurisdiction over any such disputes.

By agreeing to these Governing Law and Dispute Resolution provisions, users acknowledge and accept that any disputes arising from the use of The Duck Tool services will be subject to the specified governing law and dispute resolution process. This approach is intended to facilitate the fair and efficient resolution of disputes, minimizing the time and resources expended by both parties.

Email Notification and User Responsibility

By agreeing to these Terms and Conditions, users acknowledge and accept the following provisions regarding email notifications and their responsibility to maintain access to important communications from Smart Edu Team.

1. Email Notifications

1.1 Upon registration or purchase of a package, users will receive an email containing the full Terms and Conditions for The Duck Tool services. This email serves as a convenient reference for users to review the terms and conditions that govern their use of the services.

2. User Responsibility

2.1 It is the user's responsibility to ensure they maintain access to this email and any other important communications from Smart Edu Team. Users are encouraged to save or archive the email containing the Terms and Conditions for future reference.

2.2 If a user loses access to the email containing the Terms and Conditions, it is their responsibility to inform their designated support representative in order to request a new copy of the email.

3. Limitation of Liability

3.1 Smart Edu Team will not be held accountable or liable for any issues, disputes, or claims arising from a user's inability to access or locate the email containing the Terms and Conditions, unless the user has informed their support representative of the issue and requested assistance.

By agreeing to these Email Notification and User Responsibility provisions, users acknowledge and accept their responsibility to maintain access to important communications from Smart Edu Team and to inform their support representative in case of any issues related to accessing or locating such communications. This ensures that users remain informed about the terms and conditions governing their use of The Duck Tool services and can seek assistance when necessary.