DataCloud: The Serverless AI-ready Data Cloud

Effective Date: September 20, 2024

These DATACLOUD Terms of Service ("Agreement") govern the access to or use of DATACLOUD offerings, and is part of a legal contract between the entity or person ("Customer" or "you") and DATACLOUD ("DATACLOUD", "we", "our", or "us"). This Agreement includes the terms and conditions stated herein, any ancillary documents (such as addendums and exhibits) explicitly deemed part of this Agreement, and any Order Forms that reference this Agreement.

The "Effective Date" of this Agreement refers to the earlier of the following two dates: (a) the date on which you first access any DATACLOUD offering through any online setup, registration, or ordering process; or (b) the effective date of the first Order Form that references this Agreement.

General
1. You may choose to use one or more services of DATACLOUD according to your own needs. DATACLOUD will provide the corresponding service standards in accordance with the service(s) you choose to use.
2. This Agreement, as the foundational agreement for your use of DATACLOUD services, is legally binding on both parties. DATA CLOUD will publish and display service specifications/terms, Service Level Agreement, service descriptions, technical specifications, usage processes, operational documentation, billing standards, and other content related to specific DATACLOUD services (collectively referred to as "Service Rules") through the DATACLOUD website or other agreed-upon means, which together with this Agreement, constitute binding documents on both parties. Your use of services provided by DATACLOUD is deemed as acceptance of the Service Rules posted on the DATACLOUD website.
3. You understand that the content of the Service Rules publicly announced on the DATACLOUD website may change from time to time. In the event of a change, DATACLOUD shall announce the changes on an appropriate page of the DATACLOUD website 30 days in advance, notifying you of the modification. If you do not agree with the modification of the content, you have the right to terminate this Agreement and stop using the services provided by DATACLOUD; if you continue to use DATA CLOUD's services, it is deemed as acceptance of the modified terms.
Account
1. To use DATACLOUD services, you need to register an account through the DATACLOUD console. The account serves as a service identifier for DATACLOUD to provide you with services. Relying on the account, you can access corresponding DATACLOUD services, including self-service subscription, bill inquiry, fee payment, resource management, and receiving notifications.
2. The account is for your personal use only; without DATA CLOUD's consent, you may not provide the account for use by others in any manner. You are responsible for all actions taken under your account, and all operations conducted under the account are considered to be performed by you, for which you shall bear all legal consequences. If there is any unauthorized use under your account, you should immediately notify DATACLOUD so that DATACLOUD can provide you with the necessary assistance.
3. If your account information at DATACLOUD is inaccurate, or if your account information changes, you are required to update it promptly. DATACLOUD has the right to verify your account information. If it is found that your account information is inaccurate, erroneous, or does not meet legal and regulatory requirements, DATACLOUD will notify you to correct it within a specified deadline.
4. You have the right to apply for the cancellation of your account with DATACLOUD. Provided that it does not violate legal and regulatory requirements and follows the rules for account cancellation, DATACLOUD shall cancel your account in accordance with your application. The act of canceling an account is irreversible; once you have completed the cancellation of your account, you will no longer be able to log in to that account. Please proceed with caution.
Subscription
1. You can, according to your own needs, place orders online through the DATACLOUD website to subscribe, add, or reduce required services. Once your order is confirmed by the DATA CLOUD system and shown as successfully placed (confirmation methods include but are not limited to both parties affixing their seals, or your online click confirmation at the time of service subscription), it is considered that the service subscription is successful. DATACLOUD will then provide services to you in accordance with the services ordered by DATACLOUD under the contract.
2. DATACLOUD may, for various reasons such as customer feedback, marketing promotions, etc., provide specific services or parts of services (hereinafter referred to as "Complimentary Services") to eligible customers. You understand and agree that Complimentary Services are additional benefits provided by DATACLOUD to its customers. The service content of Complimentary Services (including but not limited to service standards, etc.) may differ from that of services purchased at regular prices. You need to pay attention to and confirm your agreement to accept these terms; otherwise, please do not use the Complimentary Services.
3. DATACLOUD may occasionally offer free trial services such as public beta, private beta, etc., which you can access through voluntary application and by adhering to this Agreement and the related provisions of the free services. You understand that such free services are usually not long-term or permanent, and DATACLOUD does not make any promises regarding the availability and reliability of these services, nor will it bear any responsibility for the results of your use of these services. DATACLOUD reserves the right to potentially make commitments regarding the availability and reliability of such free services and to charge fees for them. Before charging any service fees, DATACLOUD will notify you separately.
Service Fees
1. The service fees are based on the charging standards listed in the DATACLOUD website's pricing page on the date the product order is signed. You can choose the specific service type and pay according to the prices listed. For specific charging rules, please refer to the display on the DATACLOUD website pages and abide by the billing models and standards effective at the time as announced on the pages.
2. You can access DATACLOUD services through either a prepaid or postpaid method, depending on the payment method supported by the service you order. For "prepaid" , you need to submit the order and complete payment before DATA CLOUD provides the corresponding service; for "postpaid" , you use the service first and then make the payment, and you must pay the fees within the payment deadline determined by the service rules of the service.
  Specifically, based on your business credit, you may be granted a "credit limit" by DATACLOUD, allowing you to enjoy the convenience of postpaying for some services that normally require prepaid payments, within the credit limit. You understand that the credit limit you can obtain from DATACLOUD is determined by DATACLOUD's assessment of your business credit, and DATACLOUD reserves the right to adjust it.
3. For service fee settlements that adopt a prepaid model, you are required to precharge and pay per usage. This means you need to recharge your balance in advance into the account associated with the DATACLOUD product you have registered (by transferring funds to a bank account designated by DATA CLOUD). The account balance must meet a certain amount (for example, 500 yuan, but the actual amount is subject to the specific product description) before you can start creating and using product services. The balance can be obtained through various means (for example: recharging, vouchers, etc.). The service of DATACLOUD products generates a usage bill for your actual usage on an hourly basis, measured in natural hours (starting from the whole hour in UTC), and then deducts it from your account balance.
  You need to ensure in a timely manner that the account balance for your DATACLOUD product is sufficient to pay for the usage bills generated hourly in the past. If the account balance is insufficient or the remaining balance falls below a certain value, DATACLOUD will send you a reminder to recharge your account balance (via email, SMS, or in-console messages, etc.). If the account balance is insufficient, DATACLOUD will provide your account with a certain duration of credit period (for example, you can continue to use the services normally within 24 hours after the corresponding billing hour when the deduction was unsuccessful; the specific credit period is subject to the actual notice you receive from DATACLOUD). You should recharge your account balance promptly to avoid service disruptions.
  If, after entering the credit stage, there continue to be several billing cycles of insufficient balance lasting several hours, this will trigger certain actions by the DATA CLOUD product on the service units within the product (including freezing, reclaiming, deletion, etc. For specific lifecycle management methods, please refer to the relevant product documentation of the DATACLOUD product).
  DATACLOUD typically generates the bill for the previous natural hour during the next natural hour period. However, it does not rule out the possibility of billing delays due to force majeure reasons such as network issues or basic cloud services. DATACLOUD will compensate for the delayed bills in a subsequent natural hour billing cycle. After the bill is generated, the account balance will then be deducted.
4. Unless otherwise agreed upon by both parties through a product order or other written means regarding fee settlement and payment, DATACLOUD shall reconcile your service usage for the previous month within the first 5 business days of each calendar month. You shall pay the corresponding service fees to the designated bank account of DATACLOUD within 5 business days upon receiving the bill. You may check your fee consumption status and bill through logging into your product account or the previously specified bill-receiving email address, among other methods. DATACLOUD will provide you with a bill each month, which serves as the evidence of fee settlement between both parties. If you have any objections to the bill, you should raise them to DATACLOUD within 5 business days after receiving the bill. If no objections are raised within the aforementioned period, it will be considered that you have confirmed the bill. For bills in dispute, both parties shall conduct a verification, and the bill confirmed by both parties after verification shall prevail. During the verification period, you should first pay the undisputed portion of the amount. If you do not accept the verification results but do not have conclusive evidence to prove an error in the bill"s charges, then the settlement fee shall be based on the bill provided by DATACLOUD.
5. To avoid ambiguity, it is agreed in this Agreement that the fees are inclusive of taxes. DATACLOUD will issue an official Value-Added Tax (VAT) invoice of the equivalent amount to you within 5 business days from the date of completion of the monthly reconciliation between both parties. In the event of an adjustment to the national tax rate, the total amount including taxes shall be adjusted accordingly. In cases of sales discounts, sales returns, or other situations requiring the issuance of a new invoice or a credit note (red invoice) according to national tax regulations, you are required to return the previously issued invoice to DATACLOUD or provide the necessary information for the issuance of a credit note (red invoice). This will be executed according to the following policy:
  - If the return of the invoice occurs within the month of issuance and you have not yet conducted tax certification deductions, you can simply return the invoice.
  - If you have already conducted tax certification deductions for that invoice, or if the time for returning the invoice has exceeded the month of issuance, you should provide DATACLOUD with the necessary information for the issuance of a credit note (red invoice), such as the "VAT Special Invoice Red Letter Information Table".
  - If DATACLOUD has not yet issued the invoice or has issued the invoice but has not yet delivered it to you, there is no need for you to provide any invoice-related information. After completing the above operations, you may apply for the re-issuance of an invoice based on the actual payment (payable) amount to DATACLOUD, and both parties shall handle the corresponding refund. If the conditions above are not met, re-issuance of invoices and refunds cannot be processed, and DATACLOUD shall not bear any responsibility in this regard.
  After completing the above operations, you may apply for the re-issuance of an invoice based on the actual payment (payable) amount to DATACLOUD, and both parties shall handle the corresponding refund. If the conditions above are not met, re-issuance of invoices and refunds cannot be processed, and DATACLOUD shall not bear any responsibility in this regard.
6. When your account in DATACLOUD products has no resource occupation or consumption and all billing items have been settled, you may apply for a refund of the balance in your account for DATACLOUD products. Each time you add funds to your DATACLOUD product account, a transaction record is generated. Refund requests must be associated with specific transaction records. When deductions are made from your account balance, these are applied to the balances of individual transaction records. Deductions are processed in chronological order, starting with the earliest transaction. During promotional activities, such as receiving a USD 50 bonus on a USD 100 recharge—effectively increasing your account balance by USD 150—deductions will first apply to the actual recharged amount in the transaction. Once the recharged amount is fully deducted, the bonus balance will then be used. It"s important to note that bonus balances are not eligible for refunds or withdrawals and will be cleared when a refund for the associated transaction is issued. Upon receiving a refund request, DATACLOUD will refund the actual balance of the specified recharge record to your bank account through the original payment method within 5 business days.
7. You should pay fees to DATACLOUD promptly and in full. If you incur overdue payments, DATACLOUD may issue reasonable reminders or demands and is entitled to charge a penalty at the rate of 0.05% of the overdue amount per day. If you fail to pay the service fees in full as agreed, in addition to requiring you to bear the corresponding liability for breach of contract, DATACLOUD also reserves the right to immediately take measures such as suspending or terminating the provision of the relevant services.
8. DATACLOUD may offer various promotional incentives, including limited-time free access, time-sensitive discounts, quantity-limited offers, recharge bonuses, and complimentary services, due to marketing campaigns and product promotion efforts during specified periods. It is understood that all such promotional activities or complimentary service offerings within DATACLOUD’s pricing framework might be temporary, offered in stages, or available in limited quantities, and could be restricted to customers who satisfy certain conditions. You are obligated to adhere to the specific rules when purchasing and utilizing these services. Unless expressly indicated in writing, promotional offers from DATACLOUD are not eligible to be used in conjunction with any other promotions.
Your Rights and Obligations
1. Upon successfully ordering services, you have the right to require DATACLOUD to provide services according to this service agreement and as described on relevant pages of the DATACLOUD website, including service descriptions and technical specifications.
2. After subscribing to DATACLOUD"s services, you are entitled to complimentary after-sales support. Additionally, DATACLOUD provides various technical services available for purchase.
3. You are obligated to pay for the services as per the bill reminders received via DATACLOUD"s website prompts or any other means, and in accordance with the provisions of this service agreement.
4. The use of DATACLOUD services shall conform to this Agreement and other rules updated from time to time on the DATACLOUD official website.
5. You are responsible for the integrity and confidentiality of the data stored in DATACLOUD services, as well as the passwords and passphrases used to access and manage various products and services. You shall bear all losses and consequences arising from improper maintenance or confidentiality of the aforementioned data, passwords, and passphrases.
6. Your use of DATACLOUD and your data stored in DATACLOUD products will comply with applicable laws, government regulations, and any other legal requirements, including but not limited to, any data localization or data sovereignty laws, regulations, and any other third-party legal requirements applicable to you.
DATACLOUD's Rights and Obligations
1. DATACLOUD shall provide services in accordance with the terms and conditions agreed upon in this Agreement.
2. During the service period, DATACLOUD will provide you with the following after-sales services:
  - DATACLOUD will offer consulting services through service tickets. Upon receiving a service ticket, DATACLOUD will answer your questions regarding the use of the services within one business day.
  - DATACLOUD will offer fault support services. You are required to report any issues via an online service ticket. DATACLOUD will swiftly address faults not resulting from your actions, excluding incidents caused by human error, force majeure, or other factors beyond DATA CLOUD"s control.
3. Additionally, you can access other paid after-sales services through DATACLOUD, for which details are available on the relevant pages of the DATACLOUD website.
4. Some services may feature account authorization management, allowing you to grant full or partial operational permissions for the service to one or several designated authorized accounts. In such cases, all actions taken under any authorized account will be regarded as conducted by you through your own account, and you will be responsible for the corresponding obligations and any service fees incurred.
5. DATACLOUD continuously optimizes, enhances, and expands its existing services to offer you a wider variety of service types and functionalities. You fully understand that new or expanded service types and functionalities may require additional fees. Furthermore, DATACLOUD reserves the right to charge for currently free services, adjust service prices up or down, and will announce such adjustments on the DATACLOUD website or notify you directly. The adjusted prices will become effective within the timeframe specified in the announcement or notification, unless otherwise agreed upon by both parties.
6. You fully understand and accept that DATACLOUD offers security protection, management, and monitoring features and services tied to specific services. Despite thorough testing, DATACLOUD cannot assure total compatibility with every software and hardware system, nor guarantee the perfect accuracy of its software and services. In the event of any incompatibilities or software glitches, you are advised to immediately cease using the affected features and swiftly reach out to DATACLOUD for technical assistance.
7. You fully understand and acknowledge that the services provided by DATACLOUD are offered based on the current state of technology and conditions achievable. DATACLOUD will make reasonable efforts and ensure the continuity and security of the services within the scope of its adaptive security capabilities. However, DATACLOUD cannot guarantee that its services will be flawless. Therefore, if there are defects in the services provided by DATACLOUD that are unavoidable given the current level of industry technology, such defects will not be considered a breach of contract by DATACLOUD, nor will DATACLOUD be liable for them. Both parties should cooperate amicably to resolve the issue.
8. You fully understand and acknowledge that DATACLOUD commits to providing services according to the Service Level Agreement.
User Business Data
1. DATACLOUD acknowledges and agrees that the data processed, stored, uploaded, downloaded, distributed, or otherwise handled through the services provided by DATACLOUD, constitutes your user business data, and you fully own this data.
2. With respect to user business data, DATACLOUD will not use or disclose it without authorization, except in the following circumstances:
  - When national authorities lawfully request or access user business data, DATACLOUD is obligated to cooperate according to the relevant laws, regulations, or policy documents and may disclose such data to third parties or administrative and judicial institutions as required;
  - With mutual agreement between you and DATACLOUD.
3. You are entitled to delete or alter your user business data at your discretion. If you decide to discontinue services or remove data, DATACLOUD will delete your data and cease its retention following your directives. Exercise careful consideration when deleting or modifying data.
4. DATACLOUD offers an AI Copilot feature, leveraging large language models similar to GPT to provide services such as auxiliary programming, data analysis, and problem diagnosis. If you enable this feature, DATACLOUD will only send the involved data metadata (including table descriptions, column names, column types, and column descriptions) to the large language model, which will not access your actual data or database.
5. Upon service term conclusion, early termination (whether mutually agreed or due to other reasons), or in instances of your non-payment, DATACLOUD will maintain your user business data for a predetermined grace period—unless laws, regulations, or specific agreements dictate otherwise. This period is defined in the service terms, product documentation, or descriptions relevant to your subscription. Following this grace period, DATACLOUD will permanently erase all user business data, including any cached or backup copies, ceasing to retain any of your data.
6. Once user business data is deleted, it cannot be recovered. You shall bear the consequences and responsibilities for the deletion of data. You understand and agree that DATACLOUD is under no obligation to continue retaining, exporting, or returning user business data.
7. In accordance with your agreement with DATACLOUD, DATACLOUD stores user business data in the data center you select. DATA CLOUD adheres to its security commitments to users and protects data stored in DATACLOUD data centers in accordance with applicable laws.
Intellectual Property
1. The trademark rights, copyrights, or other intellectual property rights held by each party remain individually owned and will not be transferred to the other party or become jointly owned due to the signing or fulfillment of this agreement.
2. Both parties shall respect the intellectual property rights of the other party and third parties. If any third party initiates litigation or claims compensation against one party for infringing on their intellectual property rights or other lawful interests, the responsible party shall independently handle the dispute, compensate the other party for direct economic losses, and indemnify the other party.
3. Intellectual property rights related to this agreement, including but not limited to trademarks, copyrights, patents, etc., are owned by DATACLOUD (except those legally owned by third parties). The purchase or use of products and services does not result in the transfer of any intellectual property rights associated with the products and services.
4. The intellectual property rights of any materials, technologies, software, services, etc., provided by DATACLOUD to you are owned by DATACLOUD (except those legally owned by third parties). You are only entitled to use them in accordance with the terms of this Agreement and shall not in any way infringe upon the intellectual property rights of DATA CLOUD. Without explicit consent from DATACLOUD, you are not authorized to copy, distribute, transfer, license, or make the aforementioned materials, technologies, software, services, and their related intellectual property rights available to others. You shall also not crack the software or systems provided by DATACLOUD, nor engage in reverse engineering, decompilation, disassembly, or any other attempts to discover the source code or circumvent any technical restrictions.
Confidentiality Clauses
1. The term "Confidential Information" as mentioned in this Agreement refers to commercial secrets (including financial secrets), technical secrets, business know-how, and/or other information and materials that should be kept confidential (including product information, product plans, pricing, financial and marketing plans, business strategies, customer information, customer data, research and development, software, hardware, API application data interfaces, technical specifications, designs, special formulas, special algorithms, etc.) obtained from the other party, learned of, or generated in the course of fulfilling this Agreement. This applies regardless of the form or medium in which the information and materials are presented, and whether or not the disclosing party has indicated their confidentiality through oral, graphic, written, or other means at the time of disclosure.
2. During the term of this Agreement, both you and DATACLOUD may become aware of each other"s confidential information. Both parties shall take appropriate measures to properly safeguard the confidential information provided by the other party, with a degree of care no less than that which they apply to their own confidential information. The confidential information may only be used for purposes related to this Agreement. Both parties ensure that the confidential information is only known within their respective business heads and employees engaged in the business and strictly limit the employees who have access to the aforementioned confidential information to comply with the confidentiality obligations stipulated in this clause.
3. The confidentiality obligations of both parties shall not be waived by the termination, conclusion, or invalidity of this Agreement.
4. For the purpose of fulfilling this Agreement, the following information shall not be regarded as confidential:
  - The confidential information was legally owned by the recipient at the time of signing this Agreement or earlier;
  - The confidential information was public or could be obtained from the public domain at the time it was disclosed to the recipient;
  - The confidential information was obtained by the recipient from a third party with whom there was no duty of confidentiality or nondisclosure;
  - The confidential information has become public or could be obtained from the public domain without violating the obligations stipulated in this Agreement;
  - The confidential information was independently developed by the recipient or its affiliates or subsidiaries without benefiting from the information disclosed by the notifying party or its affiliates or subsidiaries;
  - The recipient is required to disclose the confidential information by a court or other legal, administrative authorities (through oral questioning, inquiries, document or information requests, subpoenas, civil or criminal investigations, or other procedures);
  - The recipient discloses the information in order to apply for business qualifications, obtain certain recognitions, or comply with national or industry standards/certifications from administrative departments, industry associations, or other institutions, incorporating information about the other party. In such cases, the recipient shall adhere to the principle of minimal necessary disclosure and require that the institution informed of the confidential information maintains its confidentiality no less strictly than stipulated in this Agreement.
5. Both parties shall exert their utmost efforts to protect the aforementioned confidential information from disclosure. Upon discovery of any leakage of such confidential information, both parties shall cooperate and take all reasonable measures to avoid or mitigate the consequences of the damage. Should such leakage cause loss to the other party, compensation for the direct economic loss incurred shall be provided.
Amendments and Termination
1. Pay-as-you-go: Unless otherwise agreed or in cases where other outstanding payments have not been settled, you may use DATA CLOUD"s services upon activating the service. You must ensure that your account balance is sufficient to continuously use the service until a termination scenario stipulated by law or agreed upon in this Agreement occurs.
2. Service Suspension Extension:
  - For pay-as-you-go users, it"s crucial to keep your account and other payment methods well-funded to ensure uninterrupted service. If your account or payment method falls short, leading to unpaid service fees, DATACLOUD will suspend your pay-as-you-go services.
  - You have the option to apply for an extension of service without immediate suspension through the service console. DATACLOUD offers a specific amount of credit and/or time extension ("Extension Benefits") for this purpose. During this extension period, you can continue using DATACLOUD services and are expected to pay the service fees at the regular rate. If you haven"t cleared your outstanding service fees by the end of this period, DATACLOUD will suspend your pay-as-you-go services and freeze any related operations in your account.
  - Your eligibility for Extension Benefits is dynamically evaluated and adjusted by DATACLOUD based on factors such as your spending patterns and creditworthiness, with the status displayed in the service console serving as the definitive guide.
  - You can either personally turn off the extension credit or have a DATACLOUD staff member end the extension period for you. If you choose to turn off your Extension Benefits, DATACLOUD will suspend the pay-as-you-go services once your account is overdue and the benefits are deactivated.
  - DATACLOUD will continue to store your data for a designated grace period after service suspension, during which storage fees will still apply. If the outstanding service fees remain unpaid by the end of this grace period, all your data stored on DATACLOUD will be permanently deleted and cannot be recovered.
3. Early Termination: The service term may be terminated early under any of the following circumstances:
  - Mutual agreement between both parties for early termination;
  - In the event of your serious breach of this Agreement (including, but not limited to, severe violations of relevant laws and regulations, or severe breaches of any promises made under this Agreement), DATACLOUD reserves the right to terminate the services immediately and delete all your data;
  - You understand and fully acknowledge that although DATA CLOUD has established (and will continue to improve in line with technological advancements) necessary technical measures to defend against threats to network security, including computer viruses, network intrusions, and attacks (including DDoS), given the limitations, relativity of network security technology, and the unpredictability of such threats, if your website falls victim to such actions causing harm to DATACLOUD or its network or servers (including both local and foreign, as well as international networks and servers) or affects the connectivity between DATACLOUD and the global internet or specific networks, servers, and within DATACLOUD"s internal network, DATACLOUD may decide to suspend or terminate the services. In the event of service termination, fees will be calculated based on the actual months of service provided (with partial months calculated daily), and any remaining funds (if any) will be returned.
  - DATACLOUD reserves the right to terminate this service agreement by providing a 30-day notice on the DATACLOUD website, through an in-website notification, or via written notice. Upon such termination, DATACLOUD will refund any prepaid amounts that have not been utilized back to your DATACLOUD account.
  - You understand and agree that due to technological upgrades, service system enhancements, changes in business strategy, or in response to significant technological, regulatory policy changes at the national level, DATA CLOUD does not guarantee the perpetual provision of any particular service. DATACLOUD has the right to alter the form, specifications, or other aspects of the services provided (such as service prices and billing models). DATA CLOUD will make every effort and attempt to notify you in advance of terminating such a service or making such changes, using one or multiple methods such as website announcements, in-site messages, emails, or text messages.
BREACH OF CONTRACT
1. IF YOU VIOLATE ANY OF THE PROMISES, WARRANTIES, SERVICE USAGE RULES, OR OBLIGATIONS STIPULATED IN THIS AGREEMENT, OR IF DATA CLOUD, BASED ON ITS JUDGMENT, DEEMS YOUR USE OF THE SERVICES TO BE ABNORMAL, DATACLOUD RESERVES THE RIGHT, DEPENDING ON THE CIRCUMSTANCES AND AT ITS SOLE DISCRETION, TO TAKE ONE OR MORE OF THE FOLLOWING ACTIONS: (1) LIMIT OR SUSPEND THE USE OF SERVICES; (2) TERMINATE THE SERVICES AND THIS AGREEMENT; (3) PURSUE YOUR LEGAL RESPONSIBILITY; (4) OTHER MEASURES DEEMED APPROPRIATE BY DATACLOUD. ANY LOSS TO THE USER RESULTING FROM DATACLOUD’S ACTIONS OF SUSPENDING OR TERMINATING SERVICES BASED ON THE AFOREMENTIONED PROVISIONS SHALL BE BORNE BY YOU.
2. SHOULD YOUR VIOLATION OF RELEVANT LAWS, REGULATIONS, OR THE PROVISIONS OF THIS AGREEMENT OR RELATED RULES RESULT IN ANY LOSS TO DATACLOUD, CLAIMS FROM OTHER USERS, ANY THIRD PARTY, OR PENALTIES FROM ADMINISTRATIVE AUTHORITIES, YOU SHALL FULLY COMPENSATE DATACLOUD, OTHER USERS, OR RELATED THIRD PARTIES FOR THE ACTUAL LOSSES INCURRED, INCLUDING REASONABLE ATTORNEY FEES.
3. YOU UNDERSTAND AND AGREE THAT DUE TO THE SPECIFIC NATURE OF COMPUTERS AND THE INTERNET, THE FOLLOWING SITUATIONS DO NOT CONSTITUTE A BREACH OF CONTRACT BY DATACLOUD:
  - DATACLOUD NEEDS TO TEMPORARILY INTERRUPT SERVICES FOR SYSTEM AND SERVER CONFIGURATION, MAINTENANCE, OR UPGRADES;
  - YOUR WEBSITE ACCESS SPEED IS REDUCED DUE TO CONGESTION ON THE INTERNET.
4. IF YOU ARE UNABLE TO USE THE SERVICES NORMALLY FOR A CONTINUOUS 72 HOURS DUE TO REASONS ATTRIBUTABLE TO DATACLOUD, YOU MAY TERMINATE THE SERVICES, EXCEPT FOR REASONS BEYOND DATA CLOUD"S CONTROL.
5. UNDER NO CIRCUMSTANCES SHALL DATACLOUD BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS INCURRED BY USING DATA CLOUD SERVICES (EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSSES).
6. TO THE EXTENT PERMITTED BY LAW, THE TOTAL AMOUNT OF COMPENSATION DATACLOUD IS LIABLE FOR UNDER THIS AGREEMENT AND THE SERVICES PROVIDED TO YOU (WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO DATACLOUD FOR THE SERVICES; IF THE SERVICE PERIOD YOU USE EXCEEDS 12 MONTHS, DATACLOUD’S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL FEES YOU HAVE ACTUALLY PAID TO DATACLOUD FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE OCCURRENCE OF THE DAMAGE (FOR CLARITY, THIS REFERS TO CASH ACTUALLY PAID FOR THE ACTUAL DURATION/QUANTITY OF SERVICES USED, EXCLUDING PREPAID BUT UNCONSUMED FEES, VOUCHERS, ETC.).
Notifications
1. When using DATACLOUD services, you must provide DATACLOUD with true and effective contact information (including your email address, telephone number, contact address, etc.). If there is any change in your contact information, you are obligated to promptly update the relevant information and maintain a reachable status. Your member account for receiving in-site messages and system notifications (including sub-accounts) will also be considered as your valid contact information.
2. DATACLOUD will send various notifications to one or several of the aforementioned contact methods. The content of these notifications may have a significant impact on your rights and obligations, either positively or negatively, so you must ensure to pay close attention to them in a timely manner.
3. DATACLOUD will notify you through the aforementioned contact methods. Written notices sent electronically, including announcements, mobile text messages to your provided contact number, emails to your provided email address, system messages, and in-site messages to your account, will be considered delivered once successfully sent. For written notices sent via paper medium, they will be deemed delivered on the fifth natural day after being posted to the provided contact address.
4. You must ensure that the contact information you provide is accurate and up-to-date. If the contact information provided is incorrect or if you fail to notify of changes to your contact information in a timely manner, resulting in legal documents not being delivered or not delivered on time, you will bear any legal consequences that may arise from this.
Force Majeure
1. If the fulfillment of the terms of this service becomes impossible, unnecessary, or meaningless due to force majeure or other unforeseen events, the party affected by the force majeure or unexpected event shall not be held responsible.
2. Force majeure or unexpected events refer to objective events that are unforeseeable, insurmountable, unavoidable, and have a significant impact on one or both parties. This includes natural disasters such as floods, earthquakes, epidemics, and social events like wars, disturbances, governmental actions, interruptions in telecommunication backbone networks, hacking, internet congestion, technical adjustments by telecommunications departments, and government regulations.
Applicable Law and Dispute Resolution
1. The establishment, effectiveness, interpretation, amendment, supplementation, termination, enforcement, and dispute resolution of this Agreement shall be governed by the applicable laws; in the absence of relevant legal provisions, commercial practices and/or industry practices shall be referred to.
2. Disputes arising from or related to your use of DATACLOUD services shall be resolved through negotiation between DATA CLOUD and you. Should negotiations fail, either party may bring litigation to the court where this Agreement is signed.
Miscellaneous
1. The service descriptions, pricing details on the DATACLOUD website relevant pages, and the product orders you have confirmed and agreed to (including any special terms for products, if any, service descriptions, operational documents, etc.) are all integral parts of this agreement. In case of any inconsistency, the order of application shall be (1) service descriptions, pricing details, and other ordering pages, followed by (2) the general terms and conditions of this agreement.
2. Should the contents of this Agreement change, DATACLOUD shall notify you by announcing the modifications on an appropriate section of the DATACLOUD website 30 days in advance; if you continue to use DATACLOUD services, it will be considered as your acceptance of the relevant modifications made by DATA CLOUD.
3. DATACLOUD reserves the right, upon prior notice, to transfer all or part of the rights and obligations under this Agreement to an affiliate of DATACLOUD.
4. DATACLOUD"s waiver of its rights under this Agreement due to your negligence or breach shall not be considered as a waiver of any other or subsequent similar act of negligence or breach.
5. Nothing contained in this Agreement shall be construed as creating a joint venture, partnership, or employment relationship between you and DATACLOUD. Neither party has any authority to create any obligation on behalf of the other party, whether express or implied, except as otherwise provided in this Agreement or agreed upon by both parties in accordance with the terms of this Agreement.
6. The warranty provisions, confidentiality provisions, intellectual property provisions, applicable law and dispute resolution provisions, and other provisions under this Agreement shall not be invalidated by the termination of this Agreement.
7. BY READING AND CLICKING TO AGREE TO THIS AGREEMENT OR OTHERWISE OPTING TO ACCEPT THIS AGREEMENT, YOU INDICATE THAT YOU HAVE FULLY READ, UNDERSTOOD, AND ACCEPTED ALL THE CONTENTS OF THIS AGREEMENT, AND HAVE REACHED AN AGREEMENT WITH DATA CLOUD. THIS AGREEMENT SHALL BE ESTABLISHED AND TAKE EFFECT WHEN YOU CONFIRM THROUGH A WEB PAGE CLICK OR OPT TO ACCEPT THIS AGREEMENT IN ANY OTHER WAY.