CloudQuotation Product Service Agreement

Read Carefully: Before you agree to this Agreement, you must read it carefully. Ensure that you read and fully understand all terms. Pay special attention to the terms that exclude or limit liability and the terms on governing law and dispute resolution. These terms are typically underlined or in bold. If you have any questions about this Agreement, contact our customer service or the relevant business departments.

Accepting the Agreement: By reading and clicking to agree to this Agreement, or by accepting it in any other way, you confirm that you have fully read, understood, and accepted all of its content. You agree to be bound by this Agreement with Alibaba Cloud. This Agreement becomes effective on the date you click to confirm on the web page or otherwise accept it. If you do not agree to this Agreement or any of its terms, do not proceed with acceptance.

1. Parties and Scope of the Agreement

This Service Agreement is entered into between you and Alibaba Cloud Computing Co., Ltd. and governs your use of Alibaba Cloud services.

2. Service Content

2.1. In this Agreement, "Service" refers to the CloudQuotation product service displayed on the Alibaba Cloud website (www.aliyun.com) and its clients (collectively, the "Alibaba Cloud Website"). The Service is provided to you by Alibaba Cloud after you apply to order it.

2.2. Before you can activate the CloudQuotation product service, you must obtain written consent from the CloudQuotation data provider.

2.3. To obtain written consent from the CloudQuotation data provider, you must send an application in the specified format by email to the provider's designated mailbox. You must also carbon copy (cc) the email to the mailbox designated for the CloudQuotation product (the "Confirmation Mailbox"). You authorize Alibaba Cloud to read and parse email messages in the Confirmation Mailbox to verify that you have obtained this consent.

3. Service Fees

3.1. Service fees are listed on the product ordering page. You can select a specific service type and pay the corresponding price. This service uses a pay-as-you-go billing model, which means you can use the service after activation and pay for it later. For more information about billing rules, see the relevant pages on the Alibaba Cloud Website. The billing model and standards that are in effect at the time of service use will apply.

3.2. If you fail to pay all fees as agreed, Alibaba Cloud reserves the right to not provide services or technical support, or to terminate them. Alibaba Cloud also reserves the right to charge you a late fee of 0.05% of the overdue amount per day and to pursue other legal remedies.

3.3. You fully understand that all complimentary service items or promotional offers in the Alibaba Cloud pricing system are one-time special offers and are separate from the standard service prices. Complimentary service items or promotional offers cannot be redeemed for cash or used to offset service prices.

4. Your Rights and Obligations

4.1. After you successfully order the service, you have the right to require Alibaba Cloud to provide the service in accordance with this Service Agreement and the service descriptions and technical specifications on the relevant pages of the Alibaba Cloud Website.

4.2. After you order an Alibaba Cloud service, you are eligible for complimentary after-sales service. Alibaba Cloud also offers other paid technical services.

4.3. You must promptly and accurately report information about your use of the CloudQuotation product service as required. You must report the information at the specified times and for the specified items. This information includes, but is not limited to, the number of personnel in different categories and the types of services used. Definitions for personnel categories, service categories, and other related information are available on the relevant CloudQuotation product pages. If you fail to report this information promptly and accurately, you will be held liable to Alibaba Cloud and the CloudQuotation data provider. This liability may include fines, audits, investigations, and the suspension of your service.

4.4 You understand and agree that Alibaba Cloud will provide the information that you report in the CloudQuotation product to the CloudQuotation data provider.

4.5 Unless otherwise agreed, you must not provide or disclose the data and materials obtained through the CloudQuotation product and service to any third party. You also must not use the data and materials obtained through the CloudQuotation product service to provide external Software as a Service (SaaS).

4.6. You must pay the corresponding service fees as indicated on the Alibaba Cloud Website and as stipulated in this Service Agreement.

4.7. Your use of Alibaba Cloud services must comply with Alibaba Cloud's 'Rules for Service Usage' and this Service Agreement.

4.8. You are responsible for the integrity and confidentiality of the data that you store on the Alibaba Cloud platform. You are also responsible for the security tokens and passwords used to access and manage various products and services on the platform. You are solely responsible for any loss or consequence that results from improper maintenance or a failure to keep your data, security tokens, and passwords confidential.

4.9. In accordance with laws and regulations, such as the Cybersecurity Law and the Measures for the Administration of Internet Information Services, you must keep access logs for your website. These logs must include the content of published information, its publication time, IP address, and domain name. You must cooperate and provide these records when they are lawfully requested by state authorities. You will be held legally responsible for any failure to retain these records as required.

4.10. You are responsible for backing up your data and for disaster recovery planning to ensure data security and service availability. Alibaba Cloud products or services may provide you with data backup features or tools. You are responsible for using these features or tools to complete your backups.

4.11. You are responsible for the source and content of your user business data. Alibaba Cloud advises you to carefully assess the legality of the source and content of your data. You will bear the consequences and liabilities that arise if your user business data violates any laws, regulations, departmental rules, or national policies.

4.12. You understand and agree that the state secrets of the People's Republic of China are protected by law. You have an obligation to protect these state secrets. Your use of Alibaba Cloud services must comply with relevant confidentiality laws and regulations. You must not use the services in a way that endangers the security of the state secrets of the People's Republic of China.

4.13. You must also carefully read and comply with the service descriptions, technical specifications, usage procedures, and operation documents (collectively, 'Operation Guidelines') displayed on the Alibaba Cloud Website. You must follow the relevant Operation Guidelines when you perform operations. You are responsible for any consequences that arise from violating these guidelines. Alibaba Cloud strongly advises you to operate with caution and be aware of the risks.

4.14. You must follow the relevant agreements that you signed with the CloudQuotation data provider to obtain their written consent. Otherwise, the data provider may hold you liable.

5. Alibaba Cloud's Rights and Obligations

5.1. Alibaba Cloud must provide the service as specified in this Agreement.

5.2. During the service term, Alibaba Cloud will provide you with the following after-sales services:

5.2.1. Alibaba Cloud will provide 7x24 telephone and online ticket support to answer your questions about using the service.

5.2.2. Alibaba Cloud will provide you with fault support. You can report faults by submitting an online ticket. Alibaba Cloud will promptly provide support for faults that are not caused by your actions. This support does not cover issues caused by your actions, force majeure events, or other matters beyond Alibaba Cloud's control.

5.3. You can also obtain other paid after-sales services from Alibaba Cloud. For more information, see the paid after-sales service content on the relevant pages of the Alibaba Cloud Website.

5.4. Alibaba Cloud is responsible only for the operation and maintenance of the underlying infrastructure below the operating system and the software provided by Alibaba Cloud. This includes the relevant technical architecture of the service and the operating system provided by Alibaba Cloud. You are responsible for components above the operating system, such as applications that you install on the system. Additionally, upgrading the operating system yourself may cause adverse effects, such as breakdowns. Please be aware of the risks and operate with caution.

5.5. You acknowledge that Alibaba Cloud cannot guarantee that its services will be defect-free (for example, Alibaba Cloud security products cannot guarantee the absolute security of your hardware or software), but Alibaba Cloud is committed to continuously improving its service quality and service levels. Therefore, you agree that if the services provided by Alibaba Cloud have defects, these defects will not be considered a breach of contract by Alibaba Cloud if they are unavoidable based on the current level of technology in the industry. You agree to cooperate with Alibaba Cloud to resolve these defects.

5.6. Some Alibaba Cloud services may have an account authorization management feature. This feature lets you grant all or part of your service operation permissions to one or more authorized accounts that you specify. In this case, any operation performed by an authorized account is considered an action performed by you through your own account. You are responsible for all resulting liabilities and service fees.

5.7. You understand and acknowledge that Alibaba Cloud provides security protection features (such as Server Guard) and management and monitoring services (such as Cloud Monitor) for certain services. Although Alibaba Cloud has tested these services in detail, it cannot guarantee that they are fully compatible with all hardware and software systems. It also cannot guarantee the complete accuracy of its software and services. If you encounter incompatibility or software errors, you must immediately disable or stop using the related features and contact Alibaba Cloud promptly to obtain technical support.

5.8. You understand and agree that during public preview, invitational preview, or other free trial periods, Alibaba Cloud will support service availability and reliability on a best-effort basis. However, Alibaba Cloud makes no commitment to any specific level of service availability or reliability. Alibaba Cloud is not liable for any work or results related to your use or inability to use the Alibaba Cloud service. Alibaba Cloud reserves the right to charge for such complimentary services in the future. Alibaba Cloud will notify you before it charges any service fees.

5.9. You understand and acknowledge that Alibaba Cloud can stop providing the CloudQuotation service by providing 60 days' prior notice.

5.10. Alibaba Cloud will make commercially reasonable efforts to provide you with the service and related information as promptly and accurately as possible. Despite this, you understand and acknowledge that the CloudQuotation product service, service-related information, and any materials related to this information (including but not limited to manuals) are provided 'as is'. Except for the express warranties in this Agreement, Alibaba Cloud makes no other warranties of any kind regarding the CloudQuotation product service.

5.11. If Alibaba Cloud is unable to provide the CloudQuotation product service to you promptly and accurately for reasons attributable to the CloudQuotation data provider, this does not constitute a breach of contract by Alibaba Cloud. Alibaba Cloud will not be held liable in such cases.

6. User Business Data

6.1. Alibaba Cloud understands and acknowledges that the data you process, store, upload, download, distribute, or otherwise handle through Alibaba Cloud services is your user business data. You have full ownership of your user business data.

6.2. Alibaba Cloud will not make any unauthorized use or disclosure of your user business data, except to fulfill your service requests. The following situations are exceptions:

6.2.1. If state authorities lawfully query or access user business data, Alibaba Cloud is obligated to cooperate and disclose the data to third parties or administrative and judicial bodies as required by relevant laws, regulations, or policy documents.

6.2.2. If you and Alibaba Cloud agree otherwise.

6.3. You can delete, change, or perform other operations on your user business data. If you release the service or delete data, Alibaba Cloud will delete your data and will not retain it, as per your instruction. You should perform data deletion, changes, and other operations with caution.

6.4. When your service period expires, is terminated early, or you have an overdue payment, Alibaba Cloud will store your business data for a grace period, unless otherwise specified by law, required by a competent authority, or agreed upon by the parties. The duration of this grace period is specified in the applicable terms, product documentation, and service descriptions for your service. After the grace period expires, Alibaba Cloud will delete all your business data, including all cached data and backup copies.

6.5. Once user business data is deleted, it cannot be recovered. You are responsible for the consequences and liabilities that arise from the deletion of your data. You understand and agree that Alibaba Cloud has no obligation to continue to retain, export, or return your user business data.

6.6. As agreed between you and Alibaba Cloud, Alibaba Cloud stores your user business data in the data center that you select. Alibaba Cloud abides by its security commitments to users and protects user data stored in Alibaba Cloud data centers in accordance with applicable laws.

7. Intellectual Property

7.1. The intellectual property rights to any materials, technology, technical support, software, or services provided by one party to the other under this Agreement belong to the providing party or its legal rights holders. Unless expressly agreed by the providing party or the legal rights holder, the other party has no right to copy, disseminate, transfer, license, or allow others to use these intellectual properties. Otherwise, the infringing party will be held liable.

7.2. You must ensure that the materials you submit to Alibaba Cloud, your use of Alibaba Cloud services, and the results produced from using the services do not infringe upon the legal rights of any third party. Alibaba Cloud must ensure that the services it provides to you do not infringe upon the legal rights of any third party.

7.3. If a third party files a complaint or challenge regarding the intellectual property ownership of materials used with an Alibaba Cloud service, or of the service itself, both you and Alibaba Cloud are responsible for providing relevant proof of ownership and cooperating to handle the complaint. The party at fault is responsible for resolving any resulting claims, litigation, or potential legal action, bearing the associated costs and losses, and indemnifying and holding the other party harmless.

8. Confidentiality

8.1. For the purposes of this Service Agreement, 'Confidential Information' refers to any business secrets (including financial secrets), technical secrets, know-how, and other information and materials that should be kept confidential. This includes information that one party (the 'Receiving Party') obtains from the other party (the 'Disclosing Party') or that arises from the performance of this Agreement. This includes product information, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, research and development, software, hardware, API application data interfaces, technical specifications, designs, special formulas, and special algorithms. This applies regardless of the form or medium of the information and materials, and whether the Disclosing Party indicates its confidentiality orally, graphically, or in writing at the time of disclosure.

8.2. Both parties must take appropriate measures to properly protect the Confidential Information provided by the other party. The level of care must be no less than the level of care used to protect their own Confidential Information. Both parties may use Confidential Information only for purposes related to this Agreement.

8.3. Both parties guarantee that Confidential Information will be disclosed only to their respective owners and employees who are involved in the business. They must strictly limit access to such Confidential Information and ensure that these employees comply with the confidentiality obligations of this clause.

8.4. The restrictions in this clause do not apply to the following situations:

8.4.1. The Confidential Information was lawfully in the Receiving Party's possession at or before the time this Agreement was signed.

8.4.2. The Confidential Information was already public or available from public sources when it was disclosed to the Receiving Party.

8.4.3. The Receiving Party obtained the Confidential Information from a third party that had no confidentiality or non-disclosure obligation.

8.4.4. The Confidential Information has become public or available from public sources without any breach of the obligations under this Agreement.

8.4.5. The Confidential Information was independently developed by the Receiving Party or its affiliates without benefiting from information obtained from the Disclosing Party or its affiliates.

8.4.6. The Receiving Party discloses Confidential Information in response to a request from a court or other legal or administrative authority (through oral questions, inquiries, requests for information or documents, subpoenas, civil or criminal investigations, or other procedures).

8.4.7. The Receiving Party discloses information to apply for a business qualification, obtain a certification, or meet national or industry standards or certifications from administrative departments, industry associations, or other institutions. In such cases, the Receiving Party must adhere to the principle of minimum disclosure and require the receiving institution to maintain confidentiality at a standard no lower than that of this Agreement.

8.5. You and Alibaba Cloud must both make their best efforts to protect the Confidential Information from disclosure. If a disclosure of Confidential Information is discovered, both parties must cooperate to take all reasonable measures to prevent or mitigate the resulting damages. If this causes losses to the other party, the responsible party must compensate for the direct economic losses incurred.

9. Service Activation, Termination, and Change

9.1. Unless otherwise agreed or if you have outstanding payments, you can use Alibaba Cloud's services after Alibaba Cloud activates the CloudQuotation product service for you. You must ensure that your account has a sufficient balance to continue using the service until it is terminated as stipulated by law or this Service Agreement.

9.2. The service term will be terminated early if any of the following occurs:

9.2.1. Both parties agree to terminate the service early.

9.2.2. You seriously violate this Agreement (including seriously violating relevant laws and regulations, or any of your commitments under this Agreement). In such cases, Alibaba Cloud has the right to terminate the service early and delete all of your data.

9.2.3. You understand and fully acknowledge that Alibaba Cloud has established (and will continue to improve with technological advancements) necessary technical measures to defend against network security threats. These threats include computer viruses, network intrusions, and disruptive attacks such as DDoS attacks (collectively, 'such behaviors'). However, due to the limitations and relative nature of network security technology and the unpredictability of such behaviors, Alibaba Cloud may decide to suspend or terminate the service if your website is targeted by such behaviors and this harms Alibaba Cloud or its other networks or servers (including local, remote, and international networks and servers), or affects the connection between Alibaba Cloud and the Internet, or between Alibaba Cloud and specific networks, servers, or within Alibaba Cloud's internal network. If the service is terminated, the service fee will be calculated based on the actual months of service provided, where a period of less than one month is calculated by day. Any remaining prepaid amount (if any) will be refunded.

9.2.4. Alibaba Cloud may terminate this Service Agreement by providing 30 days' prior notice on the Alibaba Cloud Website, or by sending you an internal message or written notice. In this case, Alibaba Cloud will refund any prepaid but unconsumed fees to your Alibaba Cloud account.

9.3. You understand and acknowledge that for technical upgrades, service system upgrades, or due to adjustments in business strategy or to comply with major national technical, legal, or policy changes, Alibaba Cloud does not guarantee the permanent provision of any specific service. Alibaba Cloud has the right to change the form, specifications, or other aspects of the services it provides, such as service prices and billing models. Before terminating or changing a service, Alibaba Cloud will make its best effort to provide prior notification through a website announcement, internal message, email, or text message, using one or more of these methods.

10. Liability for Breach of Contract

10.1. If you violate any of your commitments, warranties, service usage rules, or obligations in this Agreement, or if Alibaba Cloud determines, in its sole judgment, that your usage behavior is abnormal, Alibaba Cloud has the right to take one or more of the following measures based on the severity of the situation: (1) restrict or suspend your use of the service, (2) terminate the service and this Agreement, (3) pursue legal action against you, or (4) take other actions that Alibaba Cloud deems appropriate. You are responsible for any losses you incur as a result of Alibaba Cloud suspending or terminating the service according to this clause.

10.2. If Alibaba Cloud suffers any loss, is subject to any claim from other users or any third party, or is penalized by any administrative department because you violated relevant laws, regulations, this Agreement, or related rules, you must fully compensate Alibaba Cloud, other users, or the relevant third parties for their actual losses, including reasonable attorneys' fees.

10.3. You understand and agree that, given the special nature of computers and the Internet, the following situations are not considered a breach of contract by Alibaba Cloud:

10.3.1. Alibaba Cloud needs to briefly interrupt the service for system and server configuration, maintenance, or upgrades.

10.3.2. Your website access speed decreases due to congestion on the Internet.

10.4. If you are unable to use the service normally for 72 consecutive hours for reasons attributable to Alibaba Cloud, you may terminate the service. This does not apply to situations caused by reasons beyond Alibaba Cloud's control.

10.5. In no event will Alibaba Cloud be liable for any indirect, consequential, exemplary, incidental, or special damages, including any lost profits you may suffer from using Alibaba Cloud services, even if Alibaba Cloud has been advised of the possibility of such losses.

11. Notifications

11.1. When you use Alibaba Cloud services, you must provide Alibaba Cloud with true and valid contact information, including your email address, phone number, and contact address. If your contact information changes, you are obligated to update it promptly and ensure you can be contacted. The member account (including RAM users) that you use to receive internal messages and system messages is also considered a valid contact method.

11.2. Alibaba Cloud will send various notices to one or more of your contact methods. The content of these notices may have a significant positive or negative impact on your rights and obligations. You must pay attention to them promptly.

11.3. When Alibaba Cloud sends you a notice through the contact methods mentioned above, written notices sent electronically are considered delivered upon successful transmission. This includes public announcements, text messages sent to your provided phone number, emails sent to your provided email address, and system messages and internal messages sent to your account. Written notices sent by physical mail are considered delivered on the fifth calendar day after being posted to the provided contact address.

11.4. You must ensure that the contact information you provide is accurate and valid, and that you update it in real time. If legal documents cannot be delivered or are not delivered promptly because the contact information you provided is inaccurate or you failed to promptly notify us of changes, you will bear any legal consequences that may arise.

12. Force Majeure

12.1. If the performance of this Service Agreement becomes impossible, unnecessary, or meaningless due to a force majeure event or other accident, the party affected by the force majeure event or accident will not be held liable.

12.2. Force majeure events and accidents refer to objective events that are unforeseeable, insurmountable, and unavoidable, and that have a significant impact on one or both parties. This includes natural disasters, such as floods, earthquakes, and epidemics, and social events, such as wars, riots, government actions, interruptions of major telecommunication lines, hacking, network congestion, technical adjustments by telecommunication departments, and government regulations.

13. Governing Law and Dispute Resolution

13.1. The formation, validity, interpretation, amendment, supplement, termination, execution, and dispute resolution of this Agreement are all governed by the laws of the mainland of the People's Republic of China.

13.2. Any dispute between you and Alibaba Cloud that arises from or is related to your use of Alibaba Cloud services will be resolved through negotiation. If negotiation fails, either party may file a lawsuit with the People's Court of Xihu District, Hangzhou City.

14. Miscellaneous

14.1. The attachments to this Agreement, along with the service descriptions, price descriptions, and the ordering pages you confirm and agree to on the Alibaba Cloud Website (including product-specific terms, service descriptions, and operation documents), are an integral part of this Agreement. If there is any inconsistency, the order of precedence is as follows: (1) service descriptions, price descriptions, and other ordering pages, (2) dedicated terms and attachments, and (3) the general terms of this Agreement.

14.2. If the content of this Agreement changes, Alibaba Cloud will notify you of the modifications by posting an announcement on an appropriate section of the Alibaba Cloud Website 30 days in advance. If you continue to use Alibaba Cloud services, you are deemed to have accepted the relevant modifications made by Alibaba Cloud.

14.3. Alibaba Cloud has the right to transfer all or part of its rights and obligations under this Agreement to an affiliated company of Alibaba Cloud by providing prior notice.

14.4. If Alibaba Cloud waives any right under this Agreement in the event of your fault or breach, this is not considered a waiver of its rights regarding any other or subsequent similar faults or breaches by you.

14.5. If any term of this Agreement is deemed to be repealed, invalid, or unenforceable, that term will be considered severable and will not affect the validity and enforceability of the remaining terms of this Agreement.

14.6. The warranty, confidentiality, intellectual property, governing law, and dispute resolution clauses of this Agreement will survive the termination of this Agreement.