Cloud Traffic Control Center Developer Agreement

Definitions

Agreement composition

By clicking to confirm on a web page, or by otherwise choosing to accept this Agreement or use this Service, you accept all terms of this Agreement.

This Agreement includes the main body of the agreement and all rules (including business specifications), notices, and announcements about this Service that Alibaba Cloud has published or may publish in the future (collectively, "Rules"). All Rules are an integral part of this Agreement and have the same legal effect as the main body of this Agreement. If any Rule conflicts with this Agreement, the most recently published Rule prevails.

Alibaba Cloud reserves the right to modify this Agreement and its Rules as needed. Alibaba Cloud will announce these changes on the Open Platform website without providing separate notifications to developers. Unless a different effective time is specified, the modified agreement and Rules become effective immediately upon publication and become part of this Agreement. Your continued use of this Service constitutes your acceptance of and agreement to the modified agreement and Rules.

Alibaba Cloud service content

1. Alibaba Cloud operates the Open Platform and provides neutral platform services only. Developers are solely responsible for the creation, development, editing, processing, modification, testing, operation, and maintenance of their applications. Developers must also bear any related costs.

2. If any of the following situations occur, Alibaba Cloud will assess the content or behavior from the perspective of an ordinary, non-professional person. If Alibaba Cloud deems the content or behavior to be illegal or improper, Alibaba Cloud has the right to delete the related information, stop providing the Service to that developer, and pursue legal recourse.

   1. A third party notifies Alibaba Cloud that a developer or a specific application may present a major issue.

   2. A user or third party informs Alibaba Cloud about illegal or improper behavior on the Open Platform.

3. Alibaba Cloud has the right to delete or take other restrictive measures against the following information published by developers on the Open Platform without prior notice. This includes, but is not limited to, information that is suspected of being illegal, infringing on the legal rights of a third party, violating public order or social morals, or other information that Alibaba Cloud deems inappropriate.

4. All test data provided on the Open Platform is for testing purposes only. Alibaba Cloud does not guarantee the authenticity, accuracy, validity, or timeliness of the test data. Alibaba Cloud does not guarantee that the data will meet your needs. Alibaba Cloud is not responsible for any results from actions you take based on the use of this test data.

5. If Alibaba Cloud determines, in its sole discretion, that a developer's account exhibits abnormal activity, Alibaba Cloud may unilaterally suspend that account.

6. If a developer violates this Agreement, Alibaba Cloud may unilaterally suspend or terminate the Service for that developer.

Open Platform service usage rules

1. You can log on to the Open Platform using an Alibaba Cloud account and password. You must also comply with the Alibaba Cloud Website Service Agreement. You must meet the eligibility requirements of the Open Platform and follow the onboarding process to become a developer on the Open Platform.

2. You understand and acknowledge that Alibaba Cloud can only perform a cursory review of the onboarding materials and information you provide or submit during the onboarding process, from the perspective of an ordinary, non-professional person. Alibaba Cloud reserves the right to conduct spot checks and require you to submit additional materials or promptly update your onboarding information. You are solely responsible for the authenticity, legality, and validity of your onboarding materials and information. If Alibaba Cloud discovers that your onboarding materials or information are fraudulent or invalid, Alibaba Cloud has the right to immediately terminate this Agreement and take action against you according to the relevant rules.

3. After you successfully onboard to the Open Platform, Alibaba Cloud will authenticate you based on your logon account and password. The account used to activate the Open Platform service is for your own use only. You must not transfer, rent, lend, or disclose the account to any third party. Keep your account and password secure. You are fully responsible for all activities that occur under your account and password. You agree to immediately notify Alibaba Cloud if your password or account is used without authorization or if any other security issue occurs. Alibaba Cloud is not liable for any direct or indirect losses or damages arising from such situations.

4. You declare and warrant that you will comply with the following requirements when you use the Open Platform service:

   1. Do not copy, imitate, modify, tamper with, translate, adapt, lend, sell, sublicense, distribute over information networks, or transfer the Open Platform Service or its related software. Do not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Open Platform Service or its related software. Do not create derivative works without explicit permission.

   2. Do not distribute, sell, resell, lease, license, sublicense, or otherwise provide the Open Platform Service to a third party.

   3. Do not send or store code, files, scripts, or programs containing viruses, worms, Trojan horses, or other harmful computer code.

   4. Do not use the resources and services provided by Alibaba Cloud to upload, download, store, or publish any illegal, infringing, obscene, pornographic, immoral, fraudulent, or defamatory (including commercial defamation) information or content, or content that constitutes illegal threats or harassment. Do not facilitate the publication of such information by others, including but not limited to setting up URL or banner links.

   5. Do not infringe upon the legal rights of Alibaba Cloud, its affiliates, or any third party.

   6. If the Open Platform service involves the licensed use of third-party software, you agree to comply with the relevant license agreements.

   7. Do not engage in other illegal, non-compliant, or inappropriate activities.

5. You declare and warrant that the applications you develop and publish on the Open Platform meet the following requirements:

   1. The applications are truthful, legal, accurate, and complete. They do not contain any obscene, pornographic, immoral, fraudulent, or defamatory (including commercial defamation) content, or content that constitutes illegal threats or harassment.

   2. They do not infringe upon any legal rights of any third party, including but not limited to third-party intellectual property rights.

   3. They do not violate any laws, regulations, or rules, including but not limited to those governing Internet websites, Internet information, and unfair competition.

   4. They do not contain any malicious computer program or virus. They must not interfere or attempt to interfere with the normal operation of the Open Platform, other developer applications, or any part or feature thereof.

   5. They do not directly or indirectly link to the following:

      1. Any goods or services prohibited by any law, regulation, or rule.

      2. Any goods or services that you do not have the right to link to or include.

6. If your developed and published application needs to collect or use user data, you must ensure that it meets the following conditions:

   1. It complies with national laws and regulations related to user data protection and does not infringe on the legal rights of others, including privacy and trade secrets.

   2. You must obtain the user's prior consent. You must also inform the user of the purpose, scope, and method of data collection to ensure the user's right to know.

   3. You must only obtain data that is necessary for the application to run and its features to function. User data collected in a specific application can only be used within that specific application. You must not transfer or use the collected user data outside of that specific application.

7. You must take reasonable and secure technical measures to ensure the security of all data retrieved through this Service. If you stop using this Service, or if Alibaba Cloud terminates this Service for you, you must immediately delete all data you have retrieved from the Open Platform and its APIs.

8. You agree to receive emails and messages from Alibaba Cloud and its affiliates.

9. Once you successfully apply to the Open Platform and become a developer, you will receive a unique suite key and suite secret for each new application you create. You agree to legally obtain the application identifier (suite key) and key (suite secret) through the channels provided by the Open Platform. You are fully responsible for the confidentiality of your suite key and suite secret. You agree not to use another developer's suite key and suite secret at any time, nor to disclose your own suite key and suite secret to any third party. You agree to immediately notify Alibaba Cloud if you discover or suspect that your suite key and suite secret have been used without authorization. Alibaba Cloud is not liable for any use of your suite key and suite secret, including but not limited to any unauthorized access, alteration, deletion, destruction, damage, loss, or failure to store.

10. Do not imply that Alibaba Cloud sponsors or endorses your application. This includes not using any variation, abbreviation, or misspelling of "Alibaba", "Alibaba Cloud", "Taobao", "Ali", or the names of Alibaba Cloud's affiliates in your application name or in the URL to the left of the top-level domain.

11. To ensure the orderly operation and security of the Open Platform, you must comply with all laws and regulations when using this Service, its related APIs, and technical documents. You may only use the permissions and APIs on the Open Platform for your own purposes as stipulated in this Agreement and the API usage specifications, if any. Do not apply for this Service or its APIs on behalf of any third party.

12. You understand and agree that, to protect the security of the Open Platform, Alibaba Cloud may inspect your connected information systems. This includes, but is not limited to, technical and security level inspections. Based on the inspection results, Alibaba Cloud may recommend measures to prevent intrusions and viruses. If the information system you provide still cannot meet the requirements for protecting user data security, Alibaba Cloud has the right to refuse to provide or terminate this Service. However, because Alibaba Cloud is not a professional inspection agency, this inspection does not guarantee that your application, service, or behavior is completely legal, compliant, or risk-free. It also does not mean that Alibaba Cloud provides any guarantee or license for your conduct or assumes any joint liability to third parties.

13. Without the written consent of Alibaba Cloud, do not use the trade names, trademarks, service marks, company names, or other marks, logos, or terms of Alibaba Cloud or its affiliates (including but not limited to Alibaba Cloud and Alibaba) in any of your activities. Do not publicly claim any association with Alibaba Cloud beyond what is established in this Agreement.

14. If you intend to use the Open Platform APIs for your own purposes or provide users with an application containing the APIs, you must follow the Alibaba Cloud process and successfully pass the Alibaba Cloud review. If you intend to provide application services to users through the Alibaba Cloud Marketplace, you must sign a separate agreement with the Alibaba Cloud Marketplace operator. You must also sign a separate agreement with the users who subscribe to or use your application.

15. You must keep confidential all non-public materials and information related to Alibaba Cloud's business, technology, finances, data, and other aspects that you obtain or access through the signing or performance of this Agreement ("Confidential Information"). This includes such information obtained or accessed before this Agreement took effect. Without the written consent of Alibaba Cloud, do not disclose Confidential Information to any third party or use it for any purpose other than those permitted by this Agreement. Your confidentiality obligations under this Agreement will survive the termination of this Agreement. You must continue to comply with the confidentiality clauses of this Agreement and fulfill your confidentiality obligations.

Service fees

1. Some services on the Open Platform, including APIs, may be provided for a fee. If you use such paid services, you must comply with the rules related to those paid services.

2. Alibaba Cloud has the right to modify the fees and payment methods for paid services. Alibaba Cloud may also start charging for services that were previously free. Before making such changes or starting to charge, Alibaba Cloud will provide a notice or announcement on the corresponding page of the Open Platform. If you do not agree with the changes or paid content, you must stop using the Service.

Intellectual property

1. All content on the Open Platform, including but not limited to images, files, information, materials, data, website architecture, website layout, and web page design, is legally owned by Alibaba Cloud or other rights holders. This includes but is not limited to trademark rights, patent rights, copyrights, and trade secrets. Without the written consent of Alibaba Cloud or other rights holders, no one may use, modify, copy, distribute, publish, or publicly display the Alibaba Cloud website program or content.

2. Subject to the terms and conditions of this Agreement, Alibaba Cloud grants you a limited, non-exclusive, revocable, and non-redistributable license. This license is valid only in mainland China (excluding Hong Kong (China), Macao (China), and Taiwan (China)). The license permits you only to access and use the Open Platform to develop, test, and display your application.

3. You warrant that you own the copyright, trademark rights, patent rights, and other intellectual property rights in the applications you develop. If your application uses third-party software or technology, you warrant that you have obtained legal authorization from the third party. You will be solely responsible for any third-party claims or other liabilities arising therefrom.

Agreement termination and assignment

1. This Agreement terminates if any of the following conditions are met:

   1. Natural termination: If the Alibaba Cloud Website Service Agreement that you signed online is terminated for any reason, this Agreement will also terminate.

   2. Termination by notice: Alibaba Cloud may terminate this Agreement by providing you with 15 days' prior written notice without incurring liability for breach of contract.

   3. Right of unilateral termination: Alibaba Cloud has the right to immediately terminate this Agreement and take action against the developer according to relevant rules if any of the following situations occur:

      1. You violate any commitment, warranty, or obligation in this Agreement.

      2. Any of your Alibaba Cloud services are terminated because you violated Alibaba Cloud's relevant terms, agreements, rules, or announcements.

      3. Other situations for termination by Alibaba Cloud as stipulated in this Agreement or its Rules.

   4. If you register and log on to the Open Platform again, either directly, indirectly, or in someone else's name after this Agreement is terminated, Alibaba Cloud has the right to unilaterally terminate any service provided to you.

   5. If Alibaba Cloud tries to contact you using the information you provided and finds that the email address you registered with no longer exists or cannot receive emails, Alibaba Cloud will notify you to update it through other contact methods. If you fail to provide a new email address within three business days, Alibaba Cloud has the right to terminate the Service provided to you.

   6. This Agreement terminates if other conditions for termination specified in this Agreement occur or are met.

2. Handling after termination:

   1. After the Service is terminated, Alibaba Cloud is not obligated to retain any information in your original account or related to it, or to forward any unread or unsent messages to you, users, or third parties. Alibaba Cloud is not liable to you or any third party for terminating the Service.

   2. Regardless of the reason or manner in which this Agreement is terminated, Alibaba Cloud still has the right to:

      1. Save or discard the developer's data and applications.

      2. Hold you fully and independently liable for any compensation and liability caused by your illegal acts or breaches of this Agreement that occurred before the termination of the Service. Alibaba Cloud reserves the right of recourse.

      3. Require you to immediately delete all data retrieved from the Open Platform. For data security reasons, Alibaba Cloud has the right to delete the relevant data without notice.

3. Regardless of the reason for the termination of this Agreement, you must fully and independently bear any liability arising from your conduct before the termination. After termination, Alibaba Cloud is not required to continue providing the Service to you.

4. Alibaba Cloud has the right to assign all rights and obligations under this Agreement to its affiliates without your prior consent. Alibaba Cloud will notify you of the assignment through a website announcement, DingTalk announcement, email, text message, or internal message.

Liability for breach

1. You understand and agree that Alibaba Cloud has the right to unilaterally assess your behavior in its reasonable judgment. Based on this assessment, Alibaba Cloud may take appropriate action or suspend or terminate your service (including suspending or terminating calls to the Open Platform API) according to this Agreement or its Rules. Alibaba Cloud may do so without your consent or prior notice. After Alibaba Cloud takes action according to the relevant rules, you are not exempt from your legal responsibilities.

2. You understand and agree that if Alibaba Cloud and its affiliates incur any losses, face any claims from users or any third party, or are subject to penalties from any administrative department because you violated relevant laws and regulations or the provisions of this Agreement and its related Rules, you must indemnify Alibaba Cloud and its affiliates for these losses, claims, or penalties, including reasonable attorneys' fees.

Limitation of liability and disclaimer

1. Alibaba Cloud does not participate in the development or operation of your application. You agree to independently bear all risks and consequences arising from the development, operation, support, and maintenance of your application. Alibaba Cloud is not responsible or liable for any inaccurate or incorrect content in the applications you develop on the Open Platform, regardless of whether the inaccuracy is caused by users or by any device or program used by or connected to the application. If Alibaba Cloud bears legal liability due to your application or for reasons attributable to you, Alibaba Cloud has the right to seek recourse from you after fulfilling such liability.

2. Alibaba Cloud does not guarantee that this Service will be uninterrupted or error-free. You understand and agree to use the related services on an 'as-is' and 'as-available' basis, at your own risk. Alibaba Cloud will use commercially reasonable efforts to provide corresponding security measures based on existing technology to ensure the security and normal operation of the service. However, due to factors such as computer viruses, network communication failures, and system maintenance, along with possible force majeure events, Alibaba Cloud cannot guarantee that this Service will operate normally under all conditions. You understand this and agree not to hold Alibaba Cloud liable for such situations.

3. Alibaba Cloud has the right to adjust the external name, domain name, visual interface, logo, features, and design of the Open Platform without your consent or prior notice.

4. In no event will Alibaba Cloud be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including any lost profits you may incur from using the Open Platform, even if Alibaba Cloud has been advised of the possibility of such damages.

5. Despite any provision to the contrary in this Agreement, Alibaba Cloud's maximum total liability to you will not exceed the service fees that Alibaba Cloud actually collected from you for the specific service corresponding to the breach. This is limited to the fees collected during the service period up to the time of the breach.

Force majeure

In addition to circumstances defined as force majeure by law, the following situations are also considered force majeure:

1. Cyberattacks.

2. Virus intrusions.

3. Failures of your devices, systems, or local connection services.

4. Outages of any public network or server.

5. Technical adjustments or failures by telecommunications departments.

6. Website upgrades, system shutdown maintenance, or device failures.

7. Temporary closures due to government regulation.

Miscellaneous

1. Alibaba Cloud will deliver various rules, notices, and prompts about this Service to you through one or more of the following methods: web page announcements, DingTalk announcements, internal messages, emails, or text messages. Such notices are considered delivered to you on the date of announcement or sending, and you are deemed to have accepted and agreed to them. If you do not accept such a notice, you must notify Alibaba Cloud in writing and stop using this Service within five days from the date of announcement or sending. Otherwise, you are deemed to have accepted and agreed to the content of the notice.

2. The interpretation and application of this Agreement, and any disputes related to it, are governed by the laws of the People's Republic of China. The competent people's court in the location where this Agreement is signed shall have exclusive jurisdiction over any disputes.