ApsaraDB for OceanBase Service Terms

Please read and understand all terms carefully before you agree. Pay close attention to the terms that exclude or limit liability, and the terms on applicable law and dispute resolution. These terms are marked in bold. Before you accept these Service Terms, you must read the entire document. If you have any questions about these terms, contact the relevant Alibaba Cloud department for an explanation. If you do not agree to any part of these terms, or if you do not understand the explanation provided, do not proceed.

1. Service content

   1.1. In these terms, "Service" refers to the ApsaraDB for OceanBase public cloud database service that Alibaba Cloud provides on www.aliyun.com. The service is built on Alibaba Cloud infrastructure.

2. Service fees

   2.1. You can pay for the service by adding funds to your Alibaba Cloud account through Alipay or online banking. For specific rules, see the announcements on www.aliyun.com.

   2.2. The service fee rules, including pricing, billing rules, and billing methods ("Fee Rules"), are published on the relevant pages of the Alibaba Cloud website (www.aliyun.com). Alibaba Cloud will charge you based on the effective Fee Rules published on those pages.

   2.3. ApsaraDB for OceanBase offers two billing methods: subscription and pay-as-you-go. You can choose the billing method for the specific service that you purchase. You understand and agree that Alibaba Cloud provides the service contingent on your full and timely payment of fees. If you fail to pay, Alibaba Cloud reserves the right to suspend or terminate the service. Alibaba Cloud also has the right to demand payment for any outstanding fees incurred before the termination.

   2.4. Alibaba Cloud has the right to stop the service in the following situations:

   2.4.1. For the subscription billing method, if your service period expires and you do not renew it before the expiration date, the service will stop immediately upon expiration. If you do not renew within seven (7) days of expiration, the compute resources for your service will be released on the seventh day, and your data will be unrecoverable.

   2.4.2. For the pay-as-you-go billing method, if you fail to pay the fees on time, the compute resources for your service will be released on the seventh day after the payment becomes overdue. At that point, your data will be unrecoverable. To keep your data, you must complete the payment within seven (7) days of the payment becoming overdue.

   2.5. You understand that any free services or promotions are one-time special offers separate from the standard service price. These offers do not include the cost of modification, updates, or maintenance for the offered services. These free services cannot be exchanged for cash or credited against service fees.

3. Rights and obligations

   3.1. Your rights and obligations

   3.1.1. You agree to comply with these Service Terms and the related management rules and procedures on the service pages. You understand that these agreements and rules are subject to change. If any part of these Service Terms changes, Alibaba Cloud will notify you of the changes 30 days in advance by posting an announcement on www.aliyun.com. If you do not agree to the changes, you have the right to stop using the service. If you choose to stop the service, you must migrate your business data and settle any outstanding fees with Alibaba Cloud. Your continued use of the service constitutes your acceptance of the revised terms.

   3.1.2. You must pay the service fees as specified on the relevant Alibaba Cloud pages and in these Service Terms.

   3.1.3. You promise that:

   3.1.3.1. If you use the service for activities, whether business or non-business, that require a license or approval from a government authority, you must obtain that license or approval.

   3.1.3.2. Unless expressly permitted by Alibaba Cloud, you will not modify, translate, adapt, rent, sublicense, distribute over information networks, or transfer the service or software provided by Alibaba Cloud. You will also not reverse engineer, decompile, or otherwise attempt to discover the source code of the service or software.

   3.1.3.3. If the service involves third-party software licenses, you agree to abide by the relevant license agreements.

   3.1.3.4. You will not distribute email advertisements or spam. You will not use the service to send large volumes of unsolicited emails, electronic ads, or emails containing harmful information, such as subversive or pornographic content.

   3.1.3.5. You will not use Alibaba Cloud resources and services to upload, download, store, or publish the following information or content. You will not facilitate the publication of such information by others, such as by setting up URLs or banner links:

   3.1.3.5.1. Political propaganda or news that violates government regulations.

   3.1.3.5.2. Information involving state secrets or national security.

   3.1.3.5.3. Information related to feudal superstitions, obscenity, pornography, or indecency, or information that incites crime.

   3.1.3.5.4. Illegal Internet publishing activities, such as prize-based gambling, gambling games, private servers, or game cheats.

   3.1.3.5.5. Information that violates national ethnic and religious policies.

   3.1.3.5.6. Information that hinders the secure operation 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 harmful 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 will not engage in any behavior that undermines or attempts to undermine network security. This includes but is not limited to phishing, hacking, and online fraud. It also includes creating websites or spaces that contain or are suspected of spreading viruses, Trojan horses, or malicious code. Furthermore, it includes using virtual servers to conduct suspected attacks on other websites or servers, such as scans, sniffing attacks, ARP spoofing, or Denial-of-Service (DDoS) attacks.

   3.1.3.7. You will not change or attempt to change the system configurations provided by Alibaba Cloud or compromise system security.

   3.1.3.8. You will not engage in other illegal or non-compliant activities or activities that violate Alibaba Cloud's service terms.

   3.1.3.9. If Alibaba Cloud discovers that you have violated the preceding terms, it has the right to take appropriate action. This includes but is not limited to immediately terminating the service, suspending the service, or deleting the relevant information. If a third party raises questions or files a complaint against you, Alibaba Cloud will notify you. You are responsible for providing an explanation and supporting evidence within a specified time. If you fail to provide counter-evidence or do not respond by the deadline, Alibaba Cloud will take action, including but not limited to terminating the service, suspending the service, or deleting the information. If Alibaba Cloud cannot contact you because your contact information is outdated or incorrect, this will be considered a failure to respond by the deadline.

   3.1.4. You must not install or use pirated software on the Alibaba Cloud service or platform. You are fully responsible for the consequences of your actions, such as those arising from the software you install and the operations you perform.

   3.1.5. You are responsible for the integrity and confidentiality of your data stored on the Alibaba Cloud platform. You are also responsible for 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 that arise from your failure to properly maintain or keep your data, security tokens, and passwords confidential.

   3.1.6. You must submit to Alibaba Cloud a list of contacts and personnel who will manage your network and the products and services on the cloud platform, along with their contact information. You must also provide necessary assistance. If this personnel information changes, you must update it online and notify Alibaba Cloud promptly. You are responsible for any consequences resulting from providing untrue, inaccurate, or incomplete information, or from the actions or inactions of these personnel.

   3.1.7. In accordance with laws and regulations, such as the Cybersecurity Law and the Measures for the Administration of Internet Information Services, you must keep access logs for your website. This includes the content of published information, its publication time, IP address, and domain name. You must cooperate by providing this information when lawfully requested by government authorities. You bear all legal responsibility for failing to retain these records as required.

   3.1.8. You acknowledge that Alibaba Cloud cannot guarantee its services will be flawless. However, Alibaba Cloud is committed to continuously improving the quality and level of its services. Therefore, you agree that defects in Alibaba Cloud services do not constitute a breach of contract if these defects were unavoidable based on the technological standards of the industry at the time. You agree to cooperate with Alibaba Cloud to resolve any such defects.

   3.1.9. Before using the service, you must carefully read the service description on the Alibaba Cloud website and follow the relevant operational guidelines. You are responsible for assessing and managing your own risks when performing operations.

   3.2. Alibaba Cloud's rights and obligations

   3.2.1. Alibaba Cloud must provide the service as agreed in the service terms.

   3.2.2. During the service term, Alibaba Cloud will provide you with the following customer services:

   3.2.2.1. Alibaba Cloud provides after-sales fault support to paying users. Alibaba Cloud will provide valid contact methods and ensure that paying users can reach the designated support contact. The support contact will provide feedback promptly after identifying the fault.

   3.2.2.2. Alibaba Cloud provides an online ticket system to answer customer questions about using the service.

   3.2.3. Alibaba Cloud is only responsible for the operation and maintenance of components below the operating system and the software that Alibaba Cloud provides. This includes the relevant technical architecture and operating system of ApsaraDB for OceanBase. You are responsible for components above the operating system, such as applications that you install. Additionally, upgrading the operating system yourself may cause adverse effects, such as breakdowns. You should assess the risks and proceed with caution.

   3.2.4. Alibaba Cloud will resolve faults that are not caused by your actions, except for those caused by you, force majeure events, or matters beyond Alibaba Cloud's control.

   3.2.5. Alibaba Cloud must strictly adhere to its confidentiality obligations.

4. User business data

   4.1. Alibaba Cloud understands and acknowledges that the data you process, store, upload, download, distribute, or otherwise handle through the service is your user business data. You retain complete ownership of your user business data.

   4.2. With respect to user business data, Alibaba Cloud will not use or disclose it without your authorization, except to fulfill your service requests. Exceptions are as follows:

   4.2.1. When required by law, Alibaba Cloud is obligated to cooperate with lawful queries or requests from competent government authorities for user business data. This cooperation may include disclosing the data to administrative, judicial, or other similar authorities.

   4.2.2. You and Alibaba Cloud agree otherwise in a separate negotiation.

   4.3. You can delete, change, or perform other operations on your user business data. If you release the service or delete data, Alibaba Cloud will delete your data according to your instructions and will not retain any copy of it. You should be cautious when performing operations such as deleting or changing data.

   4.4. When the service term expires or the service is terminated early (including termination by mutual agreement or for other reasons), Alibaba Cloud will store your user business data, if any, only for a specific grace period. The grace period is specified in the applicable service terms, product documentation, or service descriptions. After the grace period expires, Alibaba Cloud will delete all your user business data, including all cached or backup copies, and will no longer retain any of it.

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

   4.6. You must ensure the following: (i) the legality of your user business data processing (including but not limited to acquisition, use, processing, and transmission, collectively referred to as "data processing"), and (ii) that you have obtained valid, sufficient, and necessary authorization when processing user business data, without infringing on the legal rights of any third party. You must conduct the necessary review to ensure that your user business data and your processing of it comply with all applicable laws, regulations, departmental rules, and national policies. You bear all resulting liability. You confirm and agree that Alibaba Cloud will not be held liable for any violation of the preceding provisions related to your user business data or your processing of it.

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 these Service Terms belong to the providing party or its legal rights holders. The signing or performance of these Service Terms does not transfer these rights to the other party or result in joint ownership.

   5.2. You must ensure that the data you submit to Alibaba Cloud, your use of the service, and the results produced from using the service do not infringe on the legal rights of any third party. Alibaba Cloud must ensure that the service it provides to you does not infringe on the legal rights of any third party.

   5.3. The intellectual property rights to any materials, technology, software, or services that Alibaba Cloud provides to you belong to Alibaba Cloud, except for those legally belonging to third parties. You only have the right to use them in accordance with these Service Terms and must not harm Alibaba Cloud's related intellectual property rights in any way. Unless expressly agreed by Alibaba Cloud, you have no right to copy, distribute, transfer, license, or provide others with access to the aforementioned materials, technology, software, services, or their related intellectual property. You must not crack, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of or bypass any technical limitations in the software, systems, or services provided by Alibaba Cloud.

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 information, product plans, prices, financial and marketing plans, business strategies, customer information, customer data, R&D materials, software, hardware, APIs, technical specifications, designs, special formulas, and special algorithms.

   6.2. Each party agrees to maintain the confidentiality of the other party's Confidential Information. Each party will strictly limit access to such Confidential Information to employees who have a need to know and will ensure that they comply with this confidentiality obligation. The receiving party must not disclose the Confidential Information to any third party, unless compelled by law or if the information has entered the public domain.

   6.3. Both parties acknowledge that Confidential Information is a key confidential asset. Both parties agree to use their best efforts to protect Confidential Information from disclosure. If a disclosure event occurs, both parties must cooperate to take all reasonable measures to prevent or mitigate the resulting damage.

   6.4. This clause survives the termination of these Service Terms.

7. Service activation, use, and termination

   7.1. You can use the ApsaraDB for OceanBase service from the date of activation.

   7.2. You must maintain a sufficient account balance to ensure continuous use of the service.

   7.3. The service will be terminated in the following situations:

   7.3.1. Both parties agree to terminate early.

   7.3.2. Alibaba Cloud terminates the service under these terms due to changes in its business policies. Alibaba Cloud will provide advance notice by posting an announcement on www.aliyun.com, sending an on-site notification, or sending you a written notice.

   7.3.3. Alibaba Cloud has the right to unilaterally terminate the service as stipulated in these Service Terms if you commit a material breach of these terms. A material breach includes but is not limited to the following: a. you fail to fulfill your payment obligations as agreed, b. you seriously violate the commitments made in these terms, or c. you seriously violate legal provisions.

   7.4. You understand and fully acknowledge that although Alibaba Cloud has established (and will continue to improve) necessary technical measures to defend against network security threats, such as computer viruses, network intrusions, and destructive attacks (including but not limited to DDoS), these threats are unpredictable and network security technology has its limitations. Therefore, if your service is subject to such an attack and it harms Alibaba Cloud or its other networks or servers (including local, remote, and international networks and servers), or if it affects the connection between Alibaba Cloud and the Internet, specific networks, or servers, 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, where a partial month is counted as a full month, and any remaining balance, if any, will be refunded.

   7.5. Alibaba Cloud may terminate these Service Terms by providing 30 days' advance notice on www.aliyun.com, or by sending you an on-site notification or a written notice. In such a case, Alibaba Cloud will refund any fees that you have paid for services not yet consumed to your Alibaba Cloud account.

8. Liability for breach of contract

   8.1. Either party that breaches these Service Terms must bear the corresponding liability 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 needs to briefly interrupt the service for server configuration or maintenance.

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

   8.2.3. Any losses caused by the abnormal functioning of the free trial feature of the ApsaraDB for OceanBase service.

   8.3. In no event will Alibaba Cloud be liable for any indirect, consequential, punitive, incidental, or special damages, including any loss of profits you may incur from using the Alibaba Cloud service, even if Alibaba Cloud has been advised of the possibility of such losses.

   8.4. In any event, Alibaba Cloud's total liability for breach of contract under these Service Terms will not exceed the total service fees that Alibaba Cloud has received from you for the service in the 12 months prior to the event that caused the damage.

9. Force majeure

   9.1. If the performance of these Service Terms becomes impossible, unnecessary, or meaningless due to force majeure or other unforeseen events, the party affected by the force majeure or unforeseen event will not be held liable.

   9.2. Force majeure or unforeseen events refer to objective events that are unforeseeable, insurmountable, and unavoidable, and that have a significant impact on one or both parties. This includes but is not limited to natural disasters, such as floods, earthquakes, and epidemics, along with social events, such as wars, riots, government actions, interruptions of major telecommunication lines, hacking, network congestion, technical adjustments by telecommunication departments, and government regulations.

10. Governing law and dispute resolution

    10.1. These Service Terms are governed by the laws of the People's Republic of China.

    10.2. If a dispute arises during the performance of these Service Terms, both parties should attempt to resolve it through prompt negotiation. If negotiation fails, either party may file a lawsuit with the People's Court of Xihu District, Hangzhou City.

11. Miscellaneous

    11.1. The service descriptions, price descriptions, and order pages that you confirm on the relevant pages of www.aliyun.com are an integral part of these Service Terms. In the event of any inconsistency between those documents and these Service Terms, these Service Terms will prevail.

    11.2. Alibaba Cloud has the right to transfer all or part of its rights and obligations under these Service Terms to an Alibaba Cloud affiliate by providing 30 days' advance notice on www.aliyun.com, or by sending you an on-site notification or a written notice.

    11.3. If any term, by its nature or otherwise, should reasonably survive the termination of this agreement, it will be deemed to survive termination. Such terms include but are not limited to warranty clauses, confidentiality clauses, intellectual property clauses, and governing law and dispute resolution clauses.