The required agreements are the core agreements that govern your use of the DataV service. These agreements, which include the DataV Service Agreement and the DataV Service Level Agreement, cover the basic terms of use, service level commitments, and the rights and obligations of both you and the platform. These agreements help you understand the service features, limitations, and responsibilities. They also define the terms for ensuring service stability and data security. This topic describes the details of these two agreements.
DataV Service Agreement
This Service Agreement is a valid contract between Alibaba Cloud Computing Co., Ltd. (Alibaba Cloud) and you concerning the DataV service (the Service). By stamping this document, clicking to confirm on a web page, otherwise choosing to accept this Service Agreement, or using the DataV service, you agree that you have entered into an agreement with Alibaba Cloud and accept all of its terms. If there is any inconsistency between a stamped version and a version accepted by other means, such as clicking on a web page, the stamped version prevails. Before you accept this Service Agreement, read all its content carefully. Pay special attention to the content marked in bold or with an underline. If you have questions about the terms of this Service Agreement, please contact us using the information on the DTplus website (data.aliyun.com) (the DTplus website). Alibaba Cloud will explain the terms to you. If you do not agree with any part of this Service Agreement, or if you cannot understand the explanation of the terms, do not proceed.
1. Definitions
1.1 In this agreement, "you" refers to any entity that uses the DataV service, including but not limited to individuals, teams, companies, and organizations. You are also referred to as the "user".
1.2 The DataV service is a network service product independently developed by Alibaba Cloud. Alibaba Cloud holds the intellectual property rights for this service. For more information, see the product description on the DataV order page.
2. Purchase and use
2.1 To purchase the DataV service, you must meet one of the following conditions. Alibaba Cloud does not guarantee that all users who meet these conditions can successfully purchase the service:
2.1.1 Have an active Alibaba Cloud account.
2.1.2 Be an Alibaba Cloud enterprise customer who has completed identity verification.
2.1.3 Other users who are authorized by Alibaba Cloud to purchase the service.
2.2 Alibaba Cloud will publish information such as the billing model and pricing for the DataV service on the DTplus website. For specific billing rules, see the announcements on the DTplus website. You are billed based on the effective billing model and standards published on the page. Alibaba Cloud has the right to adjust the fees and billing methods at any time and will announce any changes on the order page.
2.3 You agree that after you activate the DataV service, any service fees you have paid are non-refundable.
2.4 When you purchase the DataV service, ensure that your Alibaba Cloud account balance is sufficient. The system automatically deducts the service fees from your linked Alibaba Cloud account. After the payment is successful, the system automatically activates the service.
2.5 When you select the Auto-renewal option, you agree to the following: Within 30 days before the service expires, ensure your Alibaba Cloud account balance is sufficient. The system automatically deducts the service fee for the next term from your linked Alibaba Cloud account. If the system cannot complete the auto-renewal because of an insufficient account balance, you are responsible for any resulting consequences.
2.6 Alibaba Cloud has the right to launch promotional activities for business purposes. You understand that all promotions and promotional services are one-time special offers from Alibaba Cloud. These offers do not include the cost of modifying, updating, or maintaining the free services. Free services cannot be used to offset the cost of other services.
2.7 Account security and limits
2.7.1 You can use the DataV service only by logging on with your account (username and password). Alibaba Cloud identifies users of the DataV service solely by their logon account. The account authorized to use the DataV service is for your internal use only. You must not transfer, sell, rent, or lend the account to any third party.
2.7.2 Keep your username and password secure. You are responsible for all activities that occur under your account and any resulting loss. If your username or password is used without authorization or if other security issues occur, notify Alibaba Cloud immediately. Alibaba Cloud is not liable for any loss or damage that arises from these situations.
2.7.3 During the service term, if the service provider that registered your account (such as Alibaba Cloud) restricts your account logon, your use of the DataV service will also be restricted. The service term for DataV will not be interrupted or suspended due to this restriction. If the service provider removes the logon restriction, you can continue to use the DataV service until the term expires.
2.7.4 During the service term, if the service provider that registered your account (such as Alibaba Cloud) permanently bans your account logon, your use of the DataV service will also be terminated.
2.7.5 If the situations described above cause the suspension or termination of the DataV service, you agree that Alibaba Cloud will not refund any service fees paid. Alibaba Cloud is not liable for any direct or indirect losses that you incur due to the suspension or termination of the service.
3. Rights and obligations
3.1 Your rights and obligations
3.1.1 You agree to comply with this Service Agreement and the related management rules and procedures on the service display page. You understand that the content of these agreements and rules may change. If this Service Agreement changes, Alibaba Cloud will notify you of the changes 30 days in advance by posting an announcement on the DTplus website. If you do not agree to the changes made by Alibaba Cloud, you have the right to stop using the DataV service. In this case, Alibaba Cloud will settle any service fees with you, and you must migrate your business data. If you continue to use the DataV service, you are considered to have accepted the changes.
3.1.2 You must pay the service fees as prompted on the Alibaba Cloud page and as specified in this Service Agreement.
3.1.3 Commitments and guarantees:
3.1.3.1 The data you store and compute using the DataV service must be for normal business or scientific research purposes and must not violate national laws. If necessary, you must obtain the relevant permits or approvals and comply with applicable national and local laws and regulations.
3.1.3.2 Unless expressly permitted by Alibaba Cloud, you must not modify, translate, adapt, rent, sublicense, distribute over information networks, or transfer the software provided by Alibaba Cloud. You must not reverse engineer, decompile, or otherwise attempt to discover the source code of the software.
3.1.3.3 If the Alibaba Cloud service involves the use of third-party software licenses, you agree to be bound by the relevant license agreements.
3.1.3.4 You must not distribute email advertisements or spam. You must not use the services provided by Alibaba Cloud to send large amounts of unsolicited or unwelcome emails, electronic advertisements, or emails containing harmful information such as reactionary or pornographic content.
3.1.3.5 You must not use the resources and services provided by Alibaba Cloud to upload, download, store, or publish the following information or content. You must not facilitate the publication of such information by others, including but not limited to setting up URLs or banner links:
3.1.3.5.1 Political propaganda or news that violates national regulations.
3.1.3.5.2 Information involving state secrets or security.
3.1.3.5.3 Feudal superstitions, obscene, pornographic, or indecent information, or information that incites crime.
3.1.3.5.4 Illegal Internet publishing activities such as lotteries, gambling games, private servers, or game plug-ins.
3.1.3.5.5 Information that violates national ethnic and religious policies.
3.1.3.5.6 Information that jeopardizes the operational security of the Internet.
3.1.3.5.7 Information that infringes on the legitimate rights and interests of others, or other information or content that is detrimental to social order, public security, or public morals.
3.1.3.5.8 Other content that violates laws, regulations, departmental rules, or national policies.
3.1.3.6 You must not set up or use equipment or configurations to run programs or processes unrelated to the purchased service. You must not intentionally write malicious code that consumes a large amount of resources on the Alibaba Cloud platform (the Cloud Platform), such as server memory, CPU, or network bandwidth. These actions include placing a heavy load on the Cloud Platform or the networks, servers, products, or applications of other Alibaba Cloud users. You must not affect the connection between Alibaba Cloud and the Internet, specific networks, or servers. You must not cause the breakdown or crash of servers on the Cloud Platform or make products or applications inaccessible.
3.1.3.7 You must not engage in any behavior that undermines or attempts to undermine network security. This includes but is not limited to phishing, hacking, online fraud, or websites or spaces that contain or are suspected of spreading viruses, Trojan horses, or malicious code. You must not use virtual servers to conduct suspected attacks on other websites or servers, such as scanning, sniffing attacks, ARP spoofing, or DDoS attacks.
3.1.3.8 The data and programs you upload and run in the DataV service must not contain any features or widgets that directly or indirectly serve the following purposes:
Bypass or attempt to bypass any security protection mechanisms, system defense tools, or other system configurations provided by the DataV service and Alibaba Cloud.
Contain any viruses, destructive data, or programs that may adversely affect the DataV service.
Interfere or attempt to interfere in any way with the normal operation of any part or all of the features of the DataV service.
Any use that may weaken, damage, or otherwise negatively affect the DataV service or the Cloud Platform.
3.1.3.9 You must not use the services provided by Alibaba Cloud to harm the legitimate rights and interests of Alibaba Cloud, its affiliates, or any company within the Alibaba Group, including but not limited to Alibaba, Taobao, Alipay, Alimama, and Ant Financial (collectively, Alibaba Companies). Such harmful acts include but are not limited to violating any service agreements, management rules, or transaction rules published by Alibaba Companies, or disrupting or attempting to disrupt the fair trading environment or normal transaction order of Alibaba Companies.
3.1.3.10 You must not engage in other illegal or irregular activities or behaviors that violate this Service Agreement.
3.1.3.11 Alibaba Cloud reserves the right to review your usage to determine if it violates the terms of this Service Agreement. If Alibaba Cloud finds that you have violated these terms, it has the right to take appropriate measures, including but not limited to immediately deleting the relevant information, suspending the service, or terminating the service. If your violation of these commitments causes losses to Alibaba Cloud (including its affiliates) or its partners, you are solely responsible for all legal liabilities and must compensate for the losses.
3.1.3.12 If a third-party organization or individual raises a question or files a complaint about you, Alibaba Cloud will notify you. You are responsible for providing an explanation and supporting materials within the specified time. If you fail to provide the relevant evidence or fail to respond by the deadline, Alibaba Cloud will take measures including but not limited to immediately deleting the relevant information, suspending the service, or terminating the service. If Alibaba Cloud cannot contact you because you did not update your contact information or your contact information is incorrect, this will also be considered a failure to respond by the deadline.
3.1.3.13 Alibaba Cloud is not liable for any losses you incur as a result of measures taken against you under Articles 3.1.3.11 and 3.1.3.12, such as deleting information, suspending the service, or terminating the service.
3.1.4 You must not install or use pirated software on the DataV service. You are fully responsible for the consequences of your own actions, such as installing software and performing other operations.
3.1.5 You are responsible for the integrity and confidentiality of the data you store on the Alibaba Cloud Cloud Platform and the security tokens and passwords used to access and manage products and services on the platform. You are solely responsible for all losses and consequences arising from the loss or leakage of such data, security tokens, and passwords due to your improper maintenance or your failure to maintain confidentiality.
3.1.6 You must submit to Alibaba Cloud a list of contacts and personnel who will execute this Service Agreement and manage your network and the products and services on the Cloud Platform. You must also provide their contact information and necessary assistance. If there are any changes to this personnel, you must update the information online and notify Alibaba Cloud promptly. You are responsible for any consequences arising from inaccurate, incomplete, or false information you provide, along with any consequences arising from the actions or inactions of these personnel.
3.1.7 You must retain access logs for your website in accordance with laws and regulations such as the Measures for the Administration of Internet Information Services and the Administrative Provisions on Internet Electronic Bulletin Services. These logs must include the content of published information, its publication time, IP address, and domain name. You must cooperate by providing this information when lawfully requested by relevant state authorities. You are solely responsible for all legal liabilities arising from your failure to retain relevant records as required.
3.1.8 You acknowledge that Alibaba Cloud cannot guarantee that the services it provides are flawless (for example, Alibaba Cloud security products cannot guarantee the absolute security of your hardware or software), but Alibaba Cloud is committed to continuously improving the quality and level of its services. Therefore, you agree that if the services provided by Alibaba Cloud contain defects, such defects shall not be deemed a breach of contract by Alibaba Cloud if they are unavoidable based on the state of technology in the industry at the time. You agree to cooperate with Alibaba Cloud to resolve any such defects.
3.1.9 You understand and confirm that you are responsible for backing up the data stored in the Alibaba Cloud DataV service. Alibaba Cloud is not responsible for data backup.
3.1.10 You must read the service description for the DataV service on the DTplus website carefully. You must follow the relevant operational guidelines, including but not limited to writing code that uses the DataV service according to Alibaba Cloud's required specifications, to ensure your normal use of the service.
3.1.11 You are responsible for uploading the data that you need to process with the Alibaba Cloud DataV service. You are solely responsible for any risks, such as data leakage or loss, that occur during the upload process due to your own actions.
3.2 Alibaba Cloud's rights and obligations
3.2.1 Alibaba Cloud will provide services to you in accordance with the terms of this Service Agreement and the service standards on the product page.
3.2.2 During the service term, Alibaba Cloud will provide you with the following customer services:
3.2.2.1 Alibaba Cloud provides 24/7 after-sales support for paid users to resolve failures. Alibaba Cloud provides effective contact methods for paid users and ensures that they can reach technical support. Support personnel will provide feedback promptly after confirming the failure.
3.2.2.2 Alibaba Cloud provides a 24/7 online ticket system to answer customer questions about using the service.
3.2.3 Alibaba Cloud will resolve failures that are not caused by your actions. This excludes failures caused by you, force majeure events, or matters beyond Alibaba Cloud's control.
3.2.4 Alibaba Cloud provides the technical support specified in this Service Agreement but is not liable for any impacts or losses caused by your actions, including but not limited to code quality, errors in human management, or your own security management.
4. User data retention, disclosure, and deletion
4.1 Alibaba Cloud may use the information you submit for your registered account to send you promotional and marketing information about products and services.
4.2 Your user data will be partially or fully disclosed in the following circumstances:
4.2.1 With your consent, to a third party.
4.2.2 If required by law or by an administrative or judicial authority, to a third party or an administrative or judicial authority.
4.2.3 If you violate relevant Chinese laws and regulations, disclosure to a third party may be required.
4.2.4 If it is necessary to share your data with a third party to provide the software or service you have requested.
4.3 Unless otherwise required by law or agreed upon by you and Alibaba Cloud, after your DataV service is terminated, Alibaba Cloud is not obligated to retain your data. You are solely responsible for all consequences arising from the deletion of all your data.
5. Intellectual property
5.1 You must ensure that the content you upload to the DataV service, including but not limited to data, algorithms, and programs, and the results produced using the service, do not infringe on the legal rights of any third party. If a third party files a claim or lawsuit, or may file a lawsuit, against Alibaba Cloud based on copyright infringement, infringement of third-party rights, or violation of Chinese laws and regulations or other applicable laws, you must handle all such claims and lawsuits yourself and fully indemnify Alibaba Cloud. If your actions cause losses to Alibaba Cloud, you must compensate Alibaba Cloud for any fees or losses incurred.
5.2 If a third-party organization or individual questions or files a complaint about the intellectual property ownership of the content involved in your use of the DataV service, you are responsible for providing relevant intellectual property certificates and cooperating with Alibaba Cloud's complaint handling process.
5.3 You acknowledge that the intellectual property rights for any materials, technology, technical support, software, and services provided to you by Alibaba Cloud belong to Alibaba Cloud or a third party. Unless expressly agreed by Alibaba Cloud or the third party, you have no right to copy, distribute, transfer, license, or provide these resources to others for use. Otherwise, you will be held liable.
6. Confidentiality
6.1 Confidential Information refers to all technical and non-technical information disclosed by one party to the other. This includes but is not limited to product materials, 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.
6.2 Each party to this Service Agreement agrees to keep the other party's Confidential Information confidential. Each party will strictly limit access to this information to employees who are bound by this confidentiality obligation. The receiving party must not disclose the Confidential Information to any third party, unless compelled by a state authority in accordance with the law or if the information has entered the public domain.
6.3 Both parties to this Service Agreement explicitly acknowledge that their respective user information and business data are important assets and key confidential information. Both parties agree to make their best efforts to protect this confidential information from disclosure. If a leak of confidential information occurs, both parties must cooperate to take all reasonable measures to avoid or mitigate the resulting damage.
6.4 This clause survives the termination of this Service Agreement.
7. Term and termination
7.1 The Alibaba Cloud DataV service is available from the date you activate it and terminates when a condition for termination stipulated by law or this Service Agreement occurs.
7.2 The DataV service will be terminated in the following situations:
7.2.1 Termination by mutual agreement of both parties.
7.2.2 If you choose to terminate your use of the DataV service.
7.2.3 Alibaba Cloud may terminate the service under this Service Agreement due to changes in its own business policies. Alibaba Cloud will provide 30 days' advance notice by posting an announcement on the website, sending you an internal message, or sending a written notice.
7.2.4 If you seriously violate this Service Agreement, Alibaba Cloud has the right to unilaterally terminate the service in accordance with the relevant provisions of this agreement. Serious violations include but are not limited to: a. your failure to fulfill payment obligations as agreed, b. a serious violation of the commitments made in this Service Agreement, or c. a serious violation of legal provisions. Alibaba Cloud will not refund any fees you have already paid.
7.2.5 Due to the limitations, relative nature, and unpredictability of network security technology, Alibaba Cloud has established necessary technical measures to defend against network security threats. These threats include computer viruses, network intrusions, and attacks such as DDoS. Alibaba Cloud will continue to improve these measures as technology develops. However, if your website is attacked in a way that harms Alibaba Cloud or its other networks or servers, or affects the connection between Alibaba Cloud and the Internet or other networks, you understand and fully acknowledge that Alibaba Cloud has the right to suspend or terminate the service.
8. Liability for breach of contract
8.1 Any party that breaches this Service Agreement is liable in accordance with the law.
8.2 You understand that due to the special nature of computers and the Internet, the following situations are not considered a breach of contract by Alibaba Cloud:
8.2.1 Alibaba Cloud briefly interrupts the service for server configuration or maintenance.
8.2.2 Your website access speed decreases due to congestion on the Internet.
8.3 If you are unable to use the service normally for 72 consecutive hours due to reasons attributable to Alibaba Cloud, you may terminate the service. This does not apply to causes beyond Alibaba Cloud's control.
8.4 In no event will Alibaba Cloud be liable for any indirect, consequential, exemplary, incidental, or special damages, including any lost profits that you incur from using the DataV service, even if you have been advised of the possibility of such losses.
8.5 In any event, Alibaba Cloud's total liability for breach of contract under this Service Agreement will not exceed the total service fees collected from you for the DataV service corresponding to the breach.
9. Force majeure
9.1 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 event is not liable.
9.2 Force majeure events and accidents are objective events that cannot be foreseen, overcome, or avoided and have a significant impact on one or both parties. This includes but is not limited to natural disasters such as floods, earthquakes, and epidemics. It also includes social events such as wars, riots, government actions, major network line interruptions, cyberattacks, virus invasions, network congestion, technical adjustments by telecommunications departments, and government regulations.
10. Applicable law and dispute resolution
10.1 This Service Agreement is governed by the laws of the People's Republic of China.
10.2 If a dispute arises during the term of this Service Agreement, both parties must promptly negotiate a resolution. If negotiation fails, either party may file a lawsuit with the People's Court of Yuhang District, Hangzhou City.
11. Miscellaneous
11.1 The service descriptions, price descriptions, and the order page that you confirm and agree to on the relevant pages of the DTplus website are an integral part of this Service Agreement. If there is any inconsistency between these documents and this Service Agreement, this Service Agreement prevails.
11.2 Alibaba Cloud has the right to transfer all or part of its rights and obligations under this Service Agreement to its affiliates without your prior consent. Alibaba Cloud will notify you by posting an announcement on the DTplus website, sending an internal message, or sending a written notice.
11.3 Any clause that, by its nature or otherwise, should survive the termination of this agreement is deemed to survive. These clauses include but are not limited to the Commitments and Guarantees clause (Article 3.1.3), the Confidentiality clause (Article 6), the Intellectual Property clause (Article 5), and the Applicable Law and Dispute Resolution clause (Article 10).
11.4 Under this Service Agreement, all notices from Alibaba Cloud to you may be sent by web page announcement, internal website message, email, text message, or written letter. Such notices are deemed delivered to the recipient on the date they are sent.
11.5 The headings in this agreement are for convenience only and do not define, limit, interpret, or describe the scope or boundaries of the clauses.
DataV Service Level Agreement
For more information about the DataV Service Level Agreement, see DataV Service Level Agreement.