Service agreement

General provisions

Before accepting this Agreement, read it carefully. If you have questions about the terms, contact the relevant Alibaba Cloud business department or customer service for clarification. If you do not fully understand Alibaba Cloud's explanation, or if you do not agree with any part of this Service Agreement, do not proceed. By clicking to confirm on a web page, making a purchase, using Alibaba Cloud products and/or services, or affixing your seal to a downloaded and printed copy, you indicate that you have read, fully understood, and agree to be bound by all the terms and conditions of this Agreement.

When ordering products and/or services from Alibaba Cloud, in addition to this Agreement, you must also comply with any applicable Specific Terms, product rules, and billing rules. The Specific Terms are part of this Agreement and have the same legal effect. If this Agreement conflicts with the Specific Terms, the Specific Terms prevail.

In this Agreement, please pay special attention to clauses concerning limitations, disclaimers of liability, the identification and handling of non-compliant or breaching conduct, and the choice of governing jurisdiction. These clauses may be presented in boldface and/or underlined to draw your attention.

Terms

1. Products and/or services

1.1. In this Service Agreement, "products and/or services" means the products and services, including related technical and network support, displayed on the Alibaba Cloud website (www.aliyun.com). The specific services are determined by your order.

2. Pricing and fees

2.1. Alibaba Cloud will list service prices on the relevant pages of the www.aliyun.com website or provide you with the payable fees based on the specifications of the products and/or services you select. You must pay the fees according to the pricing on the www.aliyun.com website at the time of your order.

2.2. You can add funds to your Alibaba Cloud account via Alipay, online banking, or bank transfer, and then order specific products and/or services. You must maintain a sufficient account balance to ensure continuous service. Payment methods and related rules are specified on the Alibaba Cloud website.

2.3. Depending on the type of product and/or service you order, you must complete payment within the time frame displayed on the Alibaba Cloud website. Until you have paid all fees in full as agreed, Alibaba Cloud reserves the right to withhold or terminate the corresponding products and/or services (including technical support). Alibaba Cloud also reserves the right to charge a late payment fee of 0.05% of the overdue amount per day. This fee may be demanded at any time after your payment is overdue.

2.3.1. Pre-paid products and/or services:

2.3.1.1. If you purchase products and/or services sold on a monthly subscription or as a resource package, Alibaba Cloud will provide the service after you have paid the full service fee.

2.3.1.2. You must complete payment promptly after submitting an order. Failure to do so may cause the order to expire. (1) An order will automatically expire if it is not paid within 7 days. (2) An order will automatically expire if the product and/or service becomes out of stock during the unpaid period. When an order expires, any agreement between you and Alibaba Cloud for the specified product, service, and price is void.

2.3.1.3. If you plan to continue using a product and/or service after its service period ends, please pay the renewal fee at least 7 days before the expiration date to ensure service continuity.

2.3.2. Pay-as-you-go products and/or services:

If you purchase products and/or services on a pay-as-you-go basis, you can activate and use the services first. Alibaba Cloud automatically calculates your usage for the previous billing cycle (such as hourly, daily, or monthly, depending on the product type) and deducts the corresponding service fees from your Alibaba Cloud account balance. Specific billing rules and items are as specified on the Alibaba Cloud website.

2.4. Alibaba Cloud may periodically or occasionally launch promotional activities or policies ("Promotions"), such as offering additional service content, extending service periods, providing direct discounts, issuing free vouchers, offering special prices or discounts during events like "Double 11," or providing referral code benefits. You understand and confirm that:

2.4.1. Such Promotions are special offers beyond Alibaba Cloud's standard service pricing. Promotional benefits do not cover the costs of modifying, updating, or maintaining any bonus service items, and bonus items cannot be exchanged for cash or credited against service fees.

2.4.2. Some Promotions are contingent on your commitment to a certain service duration or usage volume. Therefore, if you unsubscribe from the corresponding service without cause, Alibaba Cloud reserves the right to revert to the original pricing, charge a penalty, collect a cancellation or refund fee, void the offer, or require you to cover the cost of any used free vouchers. The specific measures taken will be based on the terms displayed on the official website or in the corresponding order.

2.4.3. Unless explicitly stated otherwise for the product and/or service you ordered, or unless otherwise agreed upon in writing between you and Alibaba Cloud, multiple Promotions cannot be applied simultaneously.

2.4.4. You are obligated to maintain confidentiality regarding any Promotions you receive for your ordered services. If Alibaba Cloud discovers that you have breached this obligation, it has the right to cancel the Promotion and decide whether to suspend or terminate your services.

2.5. You understand and acknowledge that Alibaba Cloud may offer you free services or services with a free usage quota through methods like invitation-only testing or public previews. During the free period or within the free quota, you will not be charged service fees. Alibaba Cloud may charge fees for these services in the future. If so, Alibaba Cloud will announce the new fee policy and regulations at least 10 calendar days in advance by posting an announcement on the website or sending an internal notification. If you continue to use the service, you must pay according to the new policy.

3. Rights and obligations

3.1. Your rights and obligations

3.1.1. Before using the services, you must carefully read and comply with the service descriptions, technical specifications, usage processes, and operation documentation displayed on the Alibaba Cloud website, and understand the related content and potential consequences. During use, you must operate according to the relevant guidelines. You are solely responsible for any consequences of violating these guidelines; Alibaba Cloud assumes no responsibility. Please assess risks and proceed with caution. If you use Alibaba Cloud's OpenAPI to order products and/or services, you also commit to regularly reviewing this content and its updates on the Alibaba Cloud website to ensure you understand their meaning.

3.1.2. You must provide Alibaba Cloud with a list of contacts and personnel responsible for managing your network and services on the cloud platform, along with their contact information. If these personnel change, you are responsible for updating this information online. You are solely responsible for any consequences arising from inaccurate, incomplete, or false information you provide, as well as from the actions or inactions of these personnel.

3.1.3. In accordance with laws and regulations such as the "Measures for the Administration of Internet Information Services," you must retain access logs for your website, including the content of published information, its publication time, Internet Protocol (IP) address, and domain name. You must provide these records to relevant state authorities upon lawful request. You are solely responsible for all consequences of failing to retain these records as required.

3.1.4. You are responsible for the integrity and confidentiality of data you store on the Alibaba Cloud platform, as well as the passwords and credentials for accessing and managing its products and services. You are solely responsible for all losses and consequences arising from the loss or disclosure of such data, passwords, or credentials due to your improper maintenance or confidentiality practices.

3.1.5. If your activities using Alibaba Cloud's products and/or services require licenses or approvals from relevant state authorities, you must obtain them promptly. This includes, but is not limited to, the following:

(1) If you operate multiple websites, you must ensure that all of them have obtained the necessary licenses or approvals from the relevant state authorities.

(2) If your website provides non-commercial internet information services, you must complete a non-commercial website filing and ensure that all submitted filing information is true and valid. You must promptly update the filing system with any changes to this information.

(3) If your website provides commercial internet information services, you must also obtain a commercial website license from the local communications administration authority.

(4) If you operate an online gaming website, you must obtain a Network Culture Business License in accordance with the law.

(5) If you operate an internet audio or video website, you must obtain an Information Network Audio-Visual Program Transmission License in accordance with the law.

(6) If you provide internet information services in sectors such as news, publishing, education, healthcare, pharmaceuticals, or medical devices, which require prior review and approval from relevant authorities according to laws, administrative regulations, and state provisions, you must obtain such approval before applying for an operating license or completing filing procedures.

You understand and acknowledge that the preceding list is not exhaustive of all types of licenses or approvals required from state authorities for your commercial or non-commercial activities. When engaging in such activities, you must comply with the requirements of relevant national and local laws and regulations as they are issued from time to time.

3.1.6. You agree not to engage in the following activities:

3.1.6.1. You will not use Alibaba Cloud's products and/or services to distribute unsolicited or unwelcome emails, electronic advertisements, or emails containing reactionary, pornographic, or other harmful information.

3.1.6.2. You will not use the services provided by Alibaba Cloud as a virtual server, illegal proxy server (Proxy), or mail server.

3.1.6.3. You will not use Alibaba Cloud's products and/or services to engage in commercial activities such as DDoS protection or DNS protection.

3.1.6.4. You will not engage in any activity that harms the legitimate rights and interests of Alibaba Cloud and/or its affiliates (including, but not limited to, companies under the Alibaba Group such as Taobao and Alimama, and affiliated companies of the Alibaba Group such as Alipay). Such harmful activities include, but are not limited to, violating any service agreements, terms, management rules, or transaction rules published by these companies, or disrupting or attempting to disrupt the fair trading environment or normal transaction order of Alibaba companies.

3.1.6.5. You will not use the resources and services provided by Alibaba Cloud to upload, download, store, or publish the following information or content, nor will you facilitate the publication of such information by others (including but not limited to setting up URLs or banner links):

(1) Political propaganda and/or news information that violates state regulations;

(2) Information involving state secrets and/or national security;

(3) Feudal superstitions and/or obscene, pornographic, or indecent information, or information that incites crime;

(4) Illegal internet publishing activities such as lotteries, gambling games, "private servers," or "cheat software";

(5) Information that violates national ethnic and religious policies;

(6) Information that obstructs the secure operation of the internet;

(7) Information that infringes upon the legitimate rights and interests of others, or other information or content that is detrimental to social order, public security, or public morals;

(8) Other content that violates laws, regulations, departmental rules, or national policies.

3.1.6.6. You will not use programs or processes that excessively occupy the resources of the Alibaba Cloud platform (composed of resources such as servers, network bandwidth, and storage space). This use must not impose a severe load on the Alibaba Cloud platform or on the network, servers (including but not limited to local, remote, and international networks and servers), or products/applications of other Alibaba Cloud users. It must not affect Alibaba Cloud's connection with the global internet, specific networks, or servers, or its internal network, nor cause downtime, crashes, or make products/applications inaccessible for other users on the cloud platform.

3.1.6.7. You will not engage in any activity that undermines or attempts to undermine network security (including but not limited to phishing, hacking, online fraud, or hosting or distributing viruses, trojans, or malicious code in websites or spaces, and using virtual servers to conduct suspected attacks on other websites or servers, such as scanning, sniffing, ARP spoofing, or DDoS attacks).

3.1.6.8. You must not install or use pirated software on Alibaba Cloud services or platforms. You understand and agree that Alibaba Cloud has the right to refuse the deployment of any application systems using pirated software on its services or platforms. You are fully responsible for the consequences of your own actions (such as the software you install and the operations you perform). If a legitimate copyright holder of software you installed files an infringement complaint or other claim against Alibaba Cloud, you must take all reasonable measures to hold Alibaba Cloud harmless, including but not limited to clarifying the situation, providing proof of legitimate software use, and other measures sufficient to cause the copyright holder to withdraw their claim.

3.1.6.9. Unless expressly permitted by Alibaba Cloud in writing, you must not modify, translate, adapt, rent, lease, sell, sublicense, distribute on an information network, or transfer the software or services provided by Alibaba Cloud. You must not reverse engineer, decompile, or otherwise attempt to discover the source code of the software provided by Alibaba Cloud. You also will not engage in any behavior that changes or attempts to change the system configurations provided by Alibaba Cloud or undermines system security.

3.1.7. You understand and agree that the state secrets of the People's Republic of China are protected by law and that you have an obligation to protect them. Your use of Alibaba Cloud services must comply with relevant confidentiality laws and regulations and must not endanger the security of the state secrets of the People's Republic of China.

3.1.8. If Alibaba Cloud's services involve the licensed use of third-party software, you agree to abide by the relevant license agreements.

3.1.9. If a third party raises a query or complaint against you, Alibaba Cloud will notify you promptly. You are responsible for providing an explanation and supporting materials within the specified time. If you fail to provide counter-evidence or fail to respond by the deadline, Alibaba Cloud may take measures including, but not limited to, immediately deleting the disputed information and suspending or terminating the service.

3.1.10. You are solely responsible for backing up your data. Alibaba Cloud assumes no responsibility for this process or its outcome.

3.2. Alibaba Cloud's rights and obligations

3.2.1. Alibaba Cloud is obligated to provide you with services in accordance with this Service Agreement and the content displayed for products and/or services on the Alibaba Cloud website. However, Alibaba Cloud is not obligated to provide any features or services beyond what is described.

3.2.2. You understand and acknowledge that, due to technical limitations, Alibaba Cloud cannot guarantee that its services are flawless (for example, Alibaba Cloud's overall security protection or security products cannot guarantee the absolute security of your hardware or software). However, Alibaba Cloud commits to continuously improving its service quality and service levels to provide you with higher-quality services. Accordingly, you agree that if the services provided by Alibaba Cloud have flaws, but such flaws are unavoidable given the then-current industry technology level, it will not be deemed a breach of contract by Alibaba Cloud. You agree to cooperate with Alibaba Cloud to resolve the aforementioned flaws.

3.2.3. Alibaba Cloud is responsible for the operation and maintenance of the underlying infrastructure below the operating system and the software that Alibaba Cloud provides. This includes the technical architecture and operating systems for services such as Elastic Compute Service (ECS) and Cloud Database (RDS). You are responsible for any components above the operating system, such as applications that you install on the system.In addition, upgrading the operating system yourself may cause adverse effects, such as downtime. You are solely responsible for assessing the risks and proceeding with caution.

3.2.5. You understand and acknowledge that Alibaba Cloud will provide you with security protection based on certain services (such as "Cloud Shield Server Guard") and management and real-time monitoring functions and services (such as "Cloud Real-time Monitoring"). Although Alibaba Cloud has tested these services thoroughly, it cannot guarantee their complete compatibility with all hardware and software systems, nor can it guarantee their complete accuracy. If you encounter incompatibility or software errors, you should immediately disable or stop using the related functions and contact Alibaba Cloud for technical support.

3.2.5. You understand and acknowledge that Alibaba Cloud may impose limitations on how you use the services, as well as their scope and functions, based on the category, features, and specifications of the products and/or services that you have ordered. You must carefully read the specific terms, usage documentation, and other related instructions for the products and/or services that you have ordered to understand and comply with these usage limitations. You further agree that if your use of the services exceeds the service specifications that you purchased, Alibaba Cloud has the right, at its own discretion, to restrict your related services or suspend the provision of services.

3.2.6. You understand and acknowledge that Alibaba Cloud will provide you with security protection (such as the "Server Guard service") and related management and real-time monitoring functions and services (such as "CloudMonitor") for certain services. Although Alibaba Cloud has conducted detailed testing on such services, it cannot guarantee that they are completely compatible with all software and hardware systems, nor can it guarantee the complete accuracy of its software and services. If incompatibilities or software errors occur, you must immediately disable or stop using the relevant features and promptly contact Alibaba Cloud to obtain technical support.

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

3.2.6.1. Alibaba Cloud provides 7x24 telephone and online ticket support to answer your questions.

3.2.6.2. Alibaba Cloud will provide you with fault support services. Report faults by submitting an online ticket. Alibaba Cloud will provide timely support for faults it is responsible for, excluding those caused by your human error, force majeure, and other matters beyond Alibaba Cloud's control.

3.2.7. You understand and acknowledge that Alibaba Cloud may, when necessary, migrate the underlying physical equipment hosting your products and/or services to a different data center. Alibaba Cloud will notify you 7 calendar days in advance of such an operation. This migration may require you to modify your domain's DNS or make other configuration adjustments. Upon receiving notice, you must update the DNS to the IP address specified by Alibaba Cloud or make the corresponding configuration adjustments within the required time. You are responsible for any service disruption if you fail to make these changes on time.

3.2.8. Without disclosing your confidential information, during the term of this Agreement, Alibaba Cloud may refer to your use of Alibaba Cloud services as a customer example or success story for its own business promotion and marketing. In such promotional materials, Alibaba Cloud has the right to use your name and corporate logo. Beyond this, Alibaba Cloud will not use your company name, corporate logo, or related branding without your written permission.

3.2.9. If the content of this Agreement changes, Alibaba Cloud will notify you of the modifications by posting an announcement in an appropriate section of the Alibaba Cloud official website 30 days in advance. If you do not agree with the changes, you have the right to stop using Alibaba Cloud's services. In this case, you should notify Alibaba Cloud to terminate the service, and you are responsible for migrating your business data. Alibaba Cloud will work with you to promptly settle any final service fees (if any). If you continue to use Alibaba Cloud services, you are deemed to have accepted the relevant modifications.

3.2.10. Some of Alibaba Cloud's services may include account authorization features, such as Resource Access Management (RAM), which allow you to delegate all or part of your service operation permissions to one or more authorized accounts. In such cases, any action by an authorized account is considered an action taken by you. You agree that using these features is your own decision. You will be solely responsible for all actions taken by the authorized account and their consequences, and you will bear the corresponding service fees.

3.2.11. If you violate any of the provisions in Section 3.1, Alibaba Cloud has the right to take appropriate measures, including but not limited to suspending or terminating services and deleting harmful information or programs.

4. User data

4.1. User business data

4.1.1. Alibaba Cloud understands and acknowledges that the data you process, store, upload, download, distribute, or otherwise handle through our services (online data), as well as data backed up using tools that may be configured by Alibaba Cloud (offline data), constitutes your user business data. You have complete ownership of your user business data.

4.1.2. You are responsible for the source and content of your user business data. Alibaba Cloud reminds you to carefully determine the legality of the data's source and content. You shall be solely responsible for all consequences and liabilities that result from the content of your user business data violating laws, regulations, departmental rules, or national policies.

4.1.3. 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:

4.1.3.1. When relevant state authorities lawfully inquire about or request access to user business data, Alibaba Cloud is obligated to cooperate and disclose it to third parties or administrative and judicial bodies as required by relevant laws, regulations, or policy documents.

4.1.3.2. You and Alibaba Cloud agree otherwise in a separate agreement.

4.1.4. You can delete or modify your online data yourself. If you release a service or delete online data, Alibaba Cloud deletes it permanently and immediately. The corresponding offline data (if any) will be stored and deleted according to the backup rules you set (or Alibaba Cloud's default rules if none are set). You should perform data deletion and modification operations with caution.

4.1.5. When the service period expires, is terminated early (for any reason, including mutual agreement), or if you have overdue payments, Alibaba Cloud will only continue to store your user business data (if any) for a limited grace period (as specified in the Specific Terms, product documentation, or service descriptions applicable to your ordered service), unless otherwise required by law, regulations, authorities, or mutual agreement. After this grace period, Alibaba Cloud will delete all user business data, including all cached or backup copies, and will no longer retain any of it. You understand and agree that Alibaba Cloud has no further obligation to retain, export, or return your user business data.

4.1.6. Once online or offline data is deleted, it is unrecoverable. After both online and offline data are deleted, all your data on Alibaba Cloud will be cleared. You are solely responsible for all consequences and liabilities arising from such data deletion.

4.2. User account information

4.2.1. Your user account information includes: (1) information you provide when logging into your Alibaba Cloud account or ordering/using services, such as company name, business license information, name, gender, date of birth, ID card number, passport information, phone number, email address, address (including postal code), and payment account information; and (2) records of your service interactions that Alibaba Cloud keeps, including your bills, purchase history, consultation records, trouble reports, and troubleshooting processes.

4.2.2. Your information is collected for the purpose of providing services to you and improving service quality. To this end, Alibaba Cloud will only use your information for the following purposes, unless otherwise agreed upon or when required to cooperate with lawful inquiries or requests from state authorities, in which case Alibaba Cloud will disclose it to third parties or administrative/judicial bodies as required by law:

4.2.2.1. To provide you with the various services you use, and to maintain and improve them.

4.2.2.2. In compliance with relevant laws and regulations, to recommend content you might be interested in, including but not limited to sending you product and service information.

4.3. You understand and agree that in order to respond to your support requests, ensure the overall security of the cloud platform, and improve our services, Alibaba Cloud will detect, review, and record your service usage behavior, submitted support requests, and any insecure characteristics of your data. This is defined as user support data. User support data does not include user business data or user account information.

4.4. Unless you and Alibaba Cloud agree otherwise, Alibaba Cloud stores user business data in data centers within the People's Republic of China. Alibaba Cloud adheres to its security commitments to you and protects the data you store in its data centers within the People's Republic of China.

5. Intellectual property

5.1. 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 consented to by the providing party or its legal rights holders, the other party has no right to copy, disseminate, transfer, license, or provide these intellectual property assets to others for use, and shall be liable for any breach.

5.2. You must ensure that all information provided to Alibaba Cloud, all data uploaded to Alibaba Cloud services, your use of the services, and the results generated therefrom do not infringe on the legal rights of any third party. If a third party files any complaint, claim, lawsuit, or other demand against Alibaba Cloud regarding the information or data you provided, uploaded, or used, or regarding your actions and work results, you understand and confirm that you will immediately resolve the matter and indemnify Alibaba Cloud for all direct economic losses incurred, including but not limited to various fees and compensation payments.

5.3. If a third-party organization or individual raises a query or complaint about the ownership of the intellectual property of Alibaba Cloud's services, you should promptly inform Alibaba Cloud for handling. If a third-party organization or individual raises a query or complaint about the intellectual property of materials related to your use of Alibaba Cloud's services, you are responsible for providing relevant intellectual property certificates and cooperating with Alibaba Cloud's handling of the matter.

6. Confidentiality

6.1. For the purposes of this Service Agreement, "Confidential Information" refers to any commercial secrets (including financial secrets), technical secrets, know-how, and/or other information and materials that one party (the "Receiving Party") obtains from the other party (the "Disclosing Party") or creates during the performance of this Agreement, which ought to be kept confidential. This includes, but is not limited to, product materials, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, R&D, software, hardware, API data interfaces, technical specifications, designs, special formulas, and special algorithms, regardless of the form or medium of such information and materials, and whether or not the Disclosing Party indicates its confidentiality orally, visually, or in writing at the time of disclosure.

6.2. Both parties shall take appropriate measures to safeguard the other party's Confidential Information, with a degree of care no less than that used to protect their own Confidential Information. Both parties may only use the Confidential Information for purposes related to this Agreement.

6.3. Both parties guarantee that Confidential Information will only be accessible to their respective personnel and employees involved in the relevant business on a need-to-know basis, and will strictly require such personnel to comply with the confidentiality obligations of this section.

6.4. The preceding restrictions do not apply to the following situations:

6.4.1. The Confidential Information was legally owned by the Receiving Party at or before the time of signing this Agreement.

6.4.2. The Confidential Information was already public or obtainable from the public domain at the time it was provided to the Receiving Party.

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

6.4.4. The Confidential Information has become public or is obtainable from the public domain without a breach of the responsibilities agreed upon in this Agreement.

6.4.5. 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.

6.4.6. 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).

6.4.7. The Receiving Party discloses information to administrative authorities, industry associations, or other institutions to apply for a business qualification, obtain a certification, or comply with national or industry standards/certifications. In such cases, the Receiving Party shall adhere to the principle of minimum necessary disclosure and require the receiving institution to protect the Confidential Information to a standard no less than that of this Agreement.

6.5. You and Alibaba Cloud shall each use their best efforts to protect the aforementioned Confidential Information from disclosure. Upon discovery of any such disclosure, both parties shall cooperate in taking all reasonable measures to prevent or mitigate the resulting damages. The party at fault for the disclosure shall compensate the other party for any direct economic losses incurred.

7. Service activation, modification, and termination

7.1. You can activate and use services through your Alibaba Cloud account or via an API.

7.2. For services sold on a monthly subscription or as a resource package:

7.2.1. The service is activated upon your payment. Once activated, you will receive the key and credentials to use the service. The service term begins from the moment of activation, not from when you receive the credentials.

7.2.2. For services sold on a monthly subscription, the service period ends upon the expiration of the subscribed term. For services sold as a resource package, the service period ends when the package's term expires or when the services in the package are fully consumed, whichever occurs first.

7.2.3. Before the service period expires, if you unsubscribe from the service without cause, Alibaba Cloud reserves the right to revert to the original pricing, charge a penalty fee, or collect a cancellation/refund fee, as specified on the official website or in the corresponding order.

7.2.4. You must use the service quantity in a resource package within its service period. If the package's service period expires, any unused services will be forfeited, and Alibaba Cloud will not provide any alternatives or supplements. Your service usage will prioritize consuming the ordered resource package. Unless required by law or otherwise agreed, if the services in the resource package are fully consumed or the service period expires, and you continue to use the service without purchasing a new package, Alibaba Cloud will treat it as your use of the pay-as-you-go version of that service (if available) and will bill and deduct service fees accordingly.

7.3. For services sold on a pay-as-you-go basis:

Unless otherwise agreed, or if you have outstanding payments, you can use Alibaba Cloud's services as soon as you activate them. You must ensure your account has a sufficient balance to maintain continuous use of the services.

7.4. You understand and acknowledge that Alibaba Cloud will continuously improve service quality and enhance the customer experience. To this end, Alibaba Cloud may change the form, specifications, or other aspects of the services provided. Alibaba Cloud will use its best efforts to notify you in advance through one or more methods, such as website announcements, internal messages, emails, or text messages.

7.5. The service period may be terminated early under any of the following circumstances:

7.5.1. Both parties agree to an early termination.

7.5.2. You materially breach this Service Agreement (including, but not limited to, a serious violation of relevant laws and regulations, or a material breach of any commitment under this Agreement). Alibaba Cloud has the right to terminate the service early, up to and including deleting all your data.

7.5.3. You acknowledge that although Alibaba Cloud has established (and will continue to improve with technological advancements) necessary technical measures to defend against network security threats such as computer viruses, network intrusions, and attacks (including but not limited to DDoS) (collectively, "Threats"), given the limitations of network security technology and the unpredictable nature of such threats, if your website is targeted by such threats in a way that harms Alibaba Cloud or its other networks or servers (including but not limited to local, remote, and international networks and servers), or affects Alibaba Cloud's connection with the global internet or specific networks, servers, or internal systems, Alibaba Cloud may decide to suspend or terminate the service. If the service is terminated, the service fee will be calculated based on the actual months of service provided (pro-rated by day for any partial month), and any remaining balance (if any) will be refunded.

7.5.4. You acknowledge and agree that for reasons such as technical upgrades, service system adjustments, or business strategy changes, Alibaba Cloud reserves the right to suspend or terminate some products and/or services (or corresponding functions within a service) by posting an announcement on the Alibaba Cloud official website (www.aliyun.com), sending an internal message, or sending an email notification 30 days in advance. Alibaba Cloud will promptly settle related fees and refund any amount you have paid but not yet consumed.

8. Liability for breach of contract

8.1. Any party that breaches this Service Agreement shall be liable in accordance with the law.

8.2. You understand that, given the special nature of computers and the internet, the following situations, in addition to force majeure and unforeseen events, are not considered a breach by Alibaba Cloud:

8.2.1. Alibaba Cloud needs to interrupt service for a short period for server configuration or maintenance.

8.2.2. The speed of your website access, application, or service operation decreases due to congestion on the Internet.

8.3. TO THE FULLEST EXTENT PERMITTED BY LAW, ALIBABA CLOUD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

8.4. Alibaba Cloud's total liability for breach of contract under this Agreement is determined as follows:

8.4.1. For failures in monthly subscription or resource package services, the total liability shall not exceed the total service fees you paid for the affected service during the service period in which the failure occurred.

8.4.2. For pay-as-you-go services, the total liability shall not exceed the total service fees you paid for the affected service in the 12 calendar months prior to the failure (if the service has run for less than 12 months, the amount will be calculated based on the actual period).

9. Limitation and exclusion of liability

YOU UNDERSTAND AND AGREE THAT DURING ANY PUBLIC PREVIEW, INVITATION-ONLY TEST, OR OTHER FREE TRIAL OR USE PERIOD, ALTHOUGH ALIBABA CLOUD WILL PROVIDE SUPPORT FOR SERVICE AVAILABILITY AND RELIABILITY, ALIBABA CLOUD MAKES NO COMMITMENT TO ANY LEVEL OF SERVICE AVAILABILITY OR RELIABILITY. ALIBABA CLOUD IS NOT RESPONSIBLE FOR ANY WORK OR RESULTS ARISING FROM YOUR USE OR INABILITY TO USE ALIBABA CLOUD SERVICES.

10. Force majeure and unforeseen events

10.1. If the performance of this Agreement becomes impossible, unnecessary, or meaningless due to force majeure or other unforeseen events, the party affected shall not be held liable.

10.2. Force majeure and unforeseen events refer to objective events that are unforeseeable, insurmountable, and unavoidable, 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, as well as social events such as wars, riots, government actions, disruptions of major telecommunication lines, hacking, network congestion, technical adjustments by telecommunication departments, and government regulations.

11. Governing law and dispute resolution

11.1. The formation, execution, and interpretation of this Agreement, as well as the resolution of disputes, are governed by the laws of the People's Republic of China.

11.2. In the event of a dispute during the performance of this Agreement, both parties shall seek to resolve it through timely negotiation. If negotiation fails, either party may file a lawsuit directly with the People's Court of Xihu District, Hangzhou City.

12. Miscellaneous

12.1. The service descriptions, price explanations on the relevant pages of the Alibaba Cloud official website (www.aliyun.com), and the order pages you confirm and agree to (including Specific Terms, service descriptions, operation documentation, etc.) are all integral parts of this Agreement. If there is any inconsistency between these documents, the order of precedence shall be: (1) service descriptions, price explanations, and other order pages; (2) Specific Terms; (3) this Agreement.

12.2. Alibaba Cloud has the right to transfer all or part of its rights and obligations under this Agreement to its affiliated companies by providing 30 days' advance notice via an announcement on the Alibaba Cloud official website (www.aliyun.com), an internal message, or an email. The affiliated company will not substantially reduce the quality of service you receive; otherwise, Alibaba Cloud and the affiliated company will be jointly and severally liable to you.

12.3. The clauses on warranty, confidentiality, intellectual property, governing law, and dispute resolution in this Agreement shall survive its termination.

12.4. If there is a separate, sealed written agreement between the parties that is inconsistent with this Service Agreement confirmed by clicking on a web page, the content of the sealed written agreement shall prevail.

These Specific Terms apply only to your purchase of Quick Audience. Along with the Alibaba Cloud Product and Service Agreement, they constitute the entire agreement between you and Alibaba Cloud for this service.

Quick Audience Specific Service Terms

1. If you purchase the Alibaba Cloud Quick Audience service, you confirm the following: The Quick Audience service will provide you with capabilities such as User Insight, Audience Selection, and Audience Delivery. You must ensure that you are authorized to use all user data, that it does not infringe on the rights of any third party, and that the data is secure, legal, and compliant.

2. Payment.

2.1. Pre-payment. Alibaba Cloud will begin providing the service only after payment is complete. If you do not pay immediately after placing an order, the order will be held for 7 days. If you still have not paid after 7 days, or if the Alibaba Cloud service sells out within those 7 days, the order will expire. Upon order expiration, any agreement reached between you and Alibaba Cloud regarding the service becomes void. To continue the service after the service period expires, you must pay the renewal fee at least 14 days before the expiration date to ensure service continuity.

2.2. Alibaba Cloud reserves the right not to provide services and/or technical support, or to terminate services and/or technical support, until you have paid all fees in full as agreed.

2.3. You fully understand that all bonus service items or promotional activities in the Alibaba Cloud pricing system are one-time special offers beyond the normal service price. Bonus service items or promotional activities cannot be exchanged for cash or used to offset service prices.

3. Quick Audience resource retention period. After the product expires, its resources will be retained for 14 days. During this period, your data will not be lost. You cannot repurchase the product during this period; you can only choose to renew. After renewal, the product can continue to be used. If you renew after the product expires, the new validity period starts on the renewal date. If you renew before it expires, the new validity period starts after the previous one ends.

4. Quick Audience resource release rule. After the 14-day renewal grace period, the resources will be released, and all data content will be lost. After the product resources are released, you may purchase the product again.