Communications Capability Technology Service Agreement
To use the Communications Capability Technology Service, you must read and comply with the Communications Capability Technology Service Agreement (this "Agreement"). Before you accept this Agreement, read it carefully. Pay special attention to clauses that exclude or limit liability and those that select the governing court. These clauses may be in bold. By clicking to confirm this Agreement on a web page or using the Alibaba Cloud service, you agree to all its terms, regardless of whether you have read this Agreement. This action confirms that you and Alibaba Cloud have reached an agreement. If you do not agree with any part of this Agreement, or if you do not understand a clause, do not accept this Agreement or use the service. If you proceed, you accept the terms and conditions described below and agree to be bound by this Agreement.
This Agreement is signed in Yuhang District, Hangzhou, between you and Alibaba Cloud Computing (Beijing) Co., Ltd. and Alibaba Cloud Computing Ltd. (collectively, "Alibaba Cloud").
Article 1. Definitions
Communications Capability Technology Service: A technology service provided by Alibaba Cloud to Internet partners, primarily developers, that offers integrated communications capabilities. Developers can use the technology services provided by Alibaba Cloud to offer users technical services, such as text message channel services, voice call services, mobile network traffic top-up services, and Internet of Things (IoT) connection management, through public communication networks or the Internet.
API: An application programming interface (API) is an interface provided to developers to implement a specific function. In this Agreement, it is referred to as "interface".
App key & App secret: The application access account and key that Alibaba Cloud grants to a developer who is applying to develop a new application. The App key is the unique identifier for the application. Alibaba Cloud uses the App key to verify the identity of the application publisher. The App secret is the key that Alibaba Cloud assigns to the application. Under certain technical conditions, this key can ensure the reliability of the application's source.
Developer (you): An entity, such as a company or an individual, that calls Alibaba Cloud communications capability APIs to develop applications. After approval by Alibaba Cloud, the entity becomes a developer under this Agreement.
Article 2. Service content
Alibaba Cloud provides communications capabilities as APIs for you to call. You can select the services you need. For a list of available services, see the website. Alibaba Cloud Computing (Beijing) Co., Ltd. provides the communications capability technology service and related pre-sales and in-sales consulting. Alibaba Cloud Computing Ltd. provides necessary support.
Article 3. Service fees
Service unit price
Alibaba Cloud charges technical service fees based on the type of service. For specific pricing, see the website.
Alibaba Cloud reserves the right to change the pricing at any time based on operational needs. Changes will be posted on the website 7 days in advance and will take effect 7 days after the posting date. If you do not agree with the new pricing, you must stop using the service immediately. Continued use of the service indicates your acceptance of the new pricing.
Any free trial, feature, or service does not constitute a waiver of Alibaba Cloud's right to charge for them in the future. Alibaba Cloud has the right to announce a pricing plan 7 days in advance. If you continue to use the service, you must pay the fees according to the announced plan.
Billing service
Alibaba Cloud provides you with bills for your use of this service and charges fees based on these bills.
Payment method
Payment for technical services under this Agreement is made through prepayment. You must deposit funds into your Alibaba Cloud account. Alibaba Cloud bills for the services you select and deducts fees in real time based on actual usage. Alibaba Cloud will send you a low-balance warning based on your prepaid account balance. To avoid suspension or interruption of API calls, you must add funds to your account promptly. You are responsible for all risks and liabilities caused by an insufficient account balance. When you purchase product services that allow usage to exceed the package quota, such as same-tier shared pool traffic, same-tier shared pool directional traffic, same-tier shared pool directional walkie-talkie traffic, unified payment pool general traffic, or unified payment pool directional traffic, you must set up timely alerts. You can set up alerts for low Alibaba Cloud account balances on the customer page. You can set up alerts for low remaining traffic in your pool package by calling an API. On the relevant Alibaba Cloud page, you can configure the service to automatically stop when the usage limit is reached. If you do not configure these alerts and features, you are solely responsible for any extra fees, business impact, and all other risks and liabilities that result from exceeding your quota.
If you receive coupons from Alibaba Cloud through promotions or other activities, the fees for using the communications capability technology service will be deducted from your coupon balance first. Coupons expire and become invalid if not used by their expiration date.
For more information, see the service content and pricing details for each communications capability on the website.
Article 4. Your rights and obligations
Activate service
You can select and apply for the required communications capability API call permissions. You must confirm the corresponding terms of service. After your application is approved and you receive the permissions, you can log on to the console to manage the service.
Usage standards
You must have the necessary qualifications to use this service. If you use the communications capability APIs for application development, you must have the qualifications for both the development and the services provided by your application. You must be able to fulfill your obligations under this Agreement. You guarantee that fulfilling these obligations does not violate any legally binding documents. You are solely responsible for the creation, development, editing, processing, modification, testing, operation, and maintenance of your applications, and you bear all related costs.
When using Alibaba Cloud services, you must comply with the laws and regulations of the People's Republic of China. You promise not to use this service for any illegal or improper activities. Otherwise, Alibaba Cloud has the right to stop providing services to you. Prohibited activities include, but are not limited to:
Opposing the basic principles established by the Constitution.
Endangering national security, leaking state secrets, subverting state power, or undermining national unity.
Harming national honor and interests.
Inciting ethnic hatred or discrimination, or undermining ethnic unity.
Undermining national religious policies, or promoting cults and feudal superstitions.
Spreading obscenity, pornography, gambling, violence, murder, terror, or inciting crime.
Insulting or slandering others, or infringing on the legal rights of others.
Transmitting commercial or other information without the consent of others.
Engaging in fraudulent activities.
Any other content prohibited by law or administrative regulations.
Activities that Alibaba Cloud considers improper.
You agree to legally obtain your App key and App secret through the channels provided by Alibaba Cloud. You are fully responsible for keeping your App key and App secret confidential. You agree not to use another service provider's App key and App secret at any time, or disclose your own App key and App secret to any third party. You agree to notify Alibaba Cloud immediately if you discover or suspect unauthorized use of your App key and App secret. Alibaba Cloud is not liable for any use of your App key and App secret, including but not limited to any unauthorized access, alteration, deletion, destruction, damage, loss, or failure to store.
You must take effective measures to prevent illegal activities that threaten the security of communications service information, such as cyberattacks, password theft, and unauthorized page calls. You must keep your service interfaces, account passwords, and other credentials secure. You must ensure the security of your own terminals and network. All activities performed using your account and password will be considered your own actions. You are solely responsible for any consequences arising from lost or stolen account credentials or network insecurity.
You guarantee that you will not modify or interfere with the website, other Alibaba Cloud websites and systems, or any part or function of the websites, systems, or code provided to you by Alibaba Cloud. If you violate this clause, Alibaba Cloud has the right to take measures, such as issuing a warning, restricting services, taking your application offline, deleting your application, or suspending or terminating services, depending on the severity of the violation.
You are legally responsible for your actions while using Alibaba Cloud services and for the rights and obligations between you and your customers. You develop and operate your applications independently. Alibaba Cloud does not participate in the operational activities of your applications. You must operate your applications in accordance with the law and independently assume all corresponding legal responsibilities. If you violate this Agreement or related terms of service, causing any third-party claims, demands, or losses, you agree to indemnify and hold harmless Alibaba Cloud, its affiliates, and its partners.
You must comply with all of Alibaba Cloud's technical and business specifications for the APIs.
You must not sell, or engage in any transaction for profit with, all or part of the services, APIs, or data under this Agreement. You must not lend, lease, or sublicense them to any third party.
You agree to comply with the rules and specifications set by Alibaba Cloud, and to follow the usage standards in the relevant appendices for the services you select.
In addition to complying with applicable laws, when you provide applications or services to users, you must not collect user data without the user's consent. You must not use user data beyond the scope of the law or your agreement with the user. You must provide users with a privacy policy.
You agree and understand that:
The communications capability technology services under this Agreement are based on the capabilities and resources of carriers. Due to the uncertainty of communications capabilities, systems, networks, and resources, Alibaba Cloud will make its best effort to maintain the security and stability of these capabilities but makes no guarantees.
You develop and operate your applications independently. Alibaba Cloud does not participate in the operational activities of your applications. You must operate your applications in accordance with the law and independently assume all corresponding legal responsibilities.
Your applications and services must prioritize user experience and respect users' right to know and right to choose. Your services must be honest and not mislead, defraud, or confuse users. You must respect user privacy, not harass users, and not create spam. You are solely responsible for any compensation for damages caused to users by violating this clause. If your violation causes any loss to Alibaba Cloud, you must compensate Alibaba Cloud for that loss. Alibaba Cloud has the right to determine, at its own discretion, whether your application violates this Agreement, its rules, or the legal rights of users, and to impose penalties, including but not limited to suspending, restricting, or terminating services.
In addition to complying with applicable laws, if your application or service needs to collect user data, it must meet the following conditions:
If your application or service needs to collect user data, you must obtain the user's prior authorization and only collect user data that is necessary for the application to run and its features to be implemented. You must inform users of the purpose, scope, and method of data collection to ensure their right to know.
You must provide a privacy policy for your application, informing users what data is collected, how it is used, and whether it will be shared with or submitted to others, to ensure their right to know and right to choose. The privacy policy must be displayed to the user in the application's interface.
You must provide users with a way to modify and delete their user data, ensuring that when a user requests to delete their data, they can do so themselves through this method, and ensuring that the relevant data is completely deleted.
You must not collect users' private information or other data that Alibaba Cloud considers sensitive. This includes, but is not limited to, not collecting or requesting any account or password information from users, or collecting or requesting user relationship chains, friend lists, or similar data.
You must only obtain data that is necessary for the application to run and its features to be implemented. User data collected in a specific application may only be used within that specific application. You must not transfer or use the collected user data outside of that specific application.
Without authorization from Alibaba Cloud, you must not use the data provided by Alibaba Cloud as your own resource for other commercial activities, including but not limited to collection, sharing, or external promotion.
You must not provide Alibaba Cloud data to any third party other than Alibaba Cloud in any form. You must not sell or transfer user data.
If Alibaba Cloud believes that the way you use user data harms the user experience, Alibaba Cloud has the right to require you to delete the relevant data and stop using it in that manner.
Alibaba Cloud has the right to restrict or prevent you from obtaining user data and Alibaba Cloud data if you violate the Agreement.
You must comply with Alibaba Cloud's other rules regarding user data.
All rights to Alibaba Cloud's operational data belong to Alibaba Cloud. You must not use this data for any purpose other than what is specified in this Agreement without prior written consent from Alibaba Cloud.
If you stop using Alibaba Cloud services, or if Alibaba Cloud terminates your services for any reason, you must immediately stop using and delete all services and data obtained from Alibaba Cloud.
You must not use any Alibaba Cloud resources in breach of this Agreement or in violation of the law. You must not sell, transfer, or sublicense Alibaba Cloud's code, APIs, development tools, or other service resources to any individual or entity. You only have the right to legally use Alibaba Cloud services as stipulated in this Agreement.
You must not use Alibaba Cloud services to engage in the following activities:
Accessing a protected computer information network or using its resources without permission.
Deleting, modifying, or adding functions to a computer information network without permission.
Deleting, modifying, or adding to the data and applications stored, processed, or transmitted in a computer information network without permission.
Intentionally creating or spreading destructive programs such as computer viruses.
Other acts that endanger the security of computer information networks.
Article 5. Alibaba Cloud's rights and obligations
If Alibaba Cloud needs to suspend services or require your cooperation for network or system maintenance or upgrades, it must notify you one business day in advance.
Alibaba Cloud provides you with services and features such as statistical queries, bills, detailed call records, text message delivery status, and call status.
Alibaba Cloud has the right to modify, upgrade, and perform other operations on the website. Alibaba Cloud also has the right to create and modify service content and specifications. Once published on the websites of Alibaba Cloud and its affiliates, these specifications become part of this Agreement. You must comply with them. If you do not comply, you must stop using the service, and this Agreement will automatically terminate.
Alibaba Cloud has the right to monitor your services to prevent, detect, and investigate fraud, security risks, illegal activities, or violations of agreements, policies, or rules with you or your affiliates. Based on complaints from end users or third parties, and on its own monitoring, Alibaba Cloud has the right to determine, at its own discretion, whether you or your customers are using the service for improper activities, and to suspend or terminate your services accordingly.
Alibaba Cloud has the right to change some or all service features when necessary. If a feature change may cause an interruption or termination of daily services, Alibaba Cloud must notify you and restore basic functionality as soon as possible. You can choose to continue using the adjusted service features or terminate your use of Alibaba Cloud services.
Alibaba Cloud has the right to adjust the standards of its services in response to changes in Chinese laws and regulations, orders from administrative enforcement agencies, and shifts in social ethics and morals.
To the maximum extent permitted by applicable law, Alibaba Cloud has the right to analyze the entire website user database and use it for other purposes. This includes, but is not limited to, user behavior analysis, data mining, and in-depth data analysis.
Alibaba Cloud has the right to change some or all service features when necessary. If a feature change may cause an interruption or termination of daily services, Alibaba Cloud must notify you one month in advance and restore basic functionality as soon as possible. You can choose to continue using the adjusted service features or terminate your use of Alibaba Cloud services.
Your applications and business operations must not cause any actual or potential harm or conflict of interest with Alibaba Cloud or its affiliates. If they do, Alibaba Cloud has the right to immediately notify you and terminate all services provided to you without any legal liability or compensation. Alibaba Cloud also reserves the right to hold you accountable.
Article 6. Confidentiality
Confidential Information under this Agreement refers to any business secrets (including financial secrets), technical secrets, know-how, and other information and materials that one party (the "Receiving Party") obtains from the other party (the "Disclosing Party"), or that the parties jointly create and which are indivisible in the course of performing this Agreement, that should be kept confidential. This applies regardless of the form or medium of such information and materials, and whether the Disclosing Party indicates its confidentiality orally, graphically, or in writing at the time of disclosure.
During the term of this Agreement and for five years after its termination, neither party shall disclose, leak, or provide Confidential Information to any third party.
Both Alibaba Cloud and you shall take appropriate measures to properly store the Confidential Information provided by the other party, with a degree of care no less than that which it uses to protect its own confidential information. Both parties may only use the Confidential Information for purposes related to this Agreement.
Both parties guarantee that Confidential Information will only be known to their respective managers and employees involved in the business. Before these individuals are made aware of the Confidential Information, they must be informed of its confidential nature and the obligations they must undertake. It must be demonstrated in a provable manner that these individuals have assumed the confidentiality responsibilities under this Agreement.
If necessary, the Receiving Party shall return all documents or other materials containing confidential information to the Disclosing Party, or destroy them as instructed by the Disclosing Party.
The restrictions above do not apply to the following situations:
The Confidential Information was lawfully in the possession of the Receiving Party at or before the time this Agreement was signed.
The Confidential Information was already public or available from public sources at the time it was disclosed to the Receiving Party.
The Confidential Information was obtained by the Receiving Party from a third party who had no obligation of confidentiality or non-disclosure.
The Confidential Information has become public or available from public sources without any breach of the obligations under this Agreement.
The Confidential Information was independently developed by the Receiving Party or its affiliated or subsidiary companies without benefiting from information obtained from the Disclosing Party or its affiliated or subsidiary companies.
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 documents, subpoenas, civil or criminal investigations, or other procedures). In such cases, the Receiving Party must immediately notify the Disclosing Party and provide a necessary explanation.
Both Alibaba Cloud and you are also responsible for keeping the specific content of this Agreement confidential.
Both Alibaba Cloud and you must properly store all documents exchanged for the purpose of fulfilling this Agreement, such as communications, notices, and notifications. These documents must not be used for purposes detrimental to the business of either party. Neither party shall defame or slander the other, nor shall they make public statements intended to attack the other party.
Article 7. Intellectual property
All content on the website, including but not limited to works, images, files, information, data, website architecture, screen layout, and web design, is the intellectual property of Alibaba Cloud or other rights holders under the law. Without written consent from Alibaba Cloud or the other rights holders, no one may use, modify, copy, publicly disseminate, alter, distribute, publish, or publicly release the website's programs or content.
You must not use your trademarks, the trademarks of your affiliated companies, or any Alibaba trademarks or brand identities without Alibaba's consent.
The intellectual property rights of applications independently developed by you belong to you. You grant Alibaba Cloud and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, call, and demonstrate the product on the Alibaba Cloud application development platform. This license is not affected by the termination of cooperation between the parties or the termination of this Agreement.
The intellectual property rights of the systems, code, data, brands, and other items involved in the cooperation under this Agreement are owned by each party respectively according to law. Without the written consent of the rights-holding party, the other party must not use, modify, copy, publicly disseminate, or distribute them. If this clause is violated, the rights-holding party has the right to immediately terminate this Agreement and demand full compensation for all losses (including but not limited to investigation and evidence collection fees, notarization fees, and attorney's fees).
You must not reverse engineer, decompile, disassemble, re-engineer, translate, modify, or copy the technical interfaces, source code, algorithms, or other materials provided by Alibaba Cloud for this project. You must not create derivative works without explicit permission.
Article 8. Disclaimers
You fully understand that using Alibaba Cloud's communications channels involves the Internet and the network services of telecommunications carriers, which may be affected by various unstable factors. Therefore, you agree that Alibaba Cloud is not liable for service interruptions, delays, or suspensions caused by power outages, billing system failures, transmission line failures, communication failures, maintenance and upgrades, computer errors or viruses, cyberattacks, information corruption, data loss, or other reasons beyond Alibaba Cloud's reasonable control. For critical situations, you should not rely on the network as your sole means of communication. Both parties agree that Alibaba Cloud is not liable to you or any third party for losses caused by your activities using Alibaba Cloud services.
Alibaba Cloud has the right to perform regular or irregular maintenance or repairs on the websites or related equipment that provide network services. Alibaba Cloud is not liable for any service interruptions or suspensions of a reasonable duration caused by such situations.
Alibaba Cloud is not liable for service interruptions or your losses resulting from any of the following situations:
A force majeure event occurs.
A cyberattack or computer virus intrusion occurs.
A computer system is damaged, paralyzed, or cannot be used normally.
Services are suspended or terminated due to government regulation.
Other causes not attributable to the fault of Alibaba Cloud.
In no event will Alibaba Cloud be liable for any indirect, consequential, exemplary, incidental, or special damages, including any lost profits you may suffer from using Alibaba Cloud services, even if you have been advised of the possibility of such damages.
In any event, Alibaba Cloud's total liability for breach of contract for services provided under this Agreement will not exceed the total service fees for the service in breach.
Article 9. Force majeure
A party will not be liable for failing to perform its obligations if the performance of this Agreement is made impossible, unnecessary, or meaningless by a force majeure event or other unforeseen event. Force majeure and unforeseen events are objective events that are unforeseeable, insurmountable, and unavoidable and have a significant impact on one or both parties. These events include, but are 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 telecommunications departments, and government regulations.
Article 10. Termination of agreement
If you violate this Agreement or the website's rules and specifications, Alibaba Cloud has the right to suspend or terminate your services at any time. If you later register and log on again, either directly, indirectly, or in someone else's name, Alibaba Cloud has the right to unilaterally suspend or terminate the services under this Agreement.
If the service under this Agreement is terminated, Alibaba Cloud has the right to retain or delete any information and all related data in your account, including any data you had not yet completed before the termination.
If Alibaba is unable to continue its business operations due to legal, regulatory, or policy reasons, the contract between the two parties is automatically terminated. Neither party will be held liable for a breach of contract.
Alibaba Cloud is not liable if you are unable to use the service due to objective reasons, including but not limited to:
Natural disasters, such as typhoons, floods, and hail.
Government actions, such as expropriation and requisition.
Anomalous social events, such as strikes and riots.
Service interruptions caused by computer viruses, cyberattacks, the Internet, communication lines, or other similar reasons.
Given the special and uncontrollable nature of communications services, Alibaba Cloud may interrupt or terminate some or all of the services at any time. If such a situation occurs, except in cases of force majeure as described in this Agreement, Alibaba Cloud will notify you in a reasonable manner.
Article 11. Liability for breach of contract
Failure by either party to perform any term of this Agreement is considered a breach of contract. The breaching party shall bear the corresponding liability for breach of contract in accordance with the relevant provisions of this Agreement and the law.
Unless otherwise specified in this Agreement, if one party breaches its representations, promises, warranties, or obligations under this Agreement, causing the other party to face any lawsuits, disputes, claims, or penalties, the breaching party is responsible for resolving the matter. If the non-breaching party incurs any expenses, additional liabilities, or economic losses, the breaching party must provide compensation. If a party commits a breach, the non-breaching party may issue a written notice requiring the breaching party to stop the breach and eliminate its effects within a specified time. If the breaching party fails to stop the breach on time, the non-breaching party has the right to terminate this Agreement immediately.
If your violation of this Agreement causes any loss to a third party and leads to a dispute, and the resolution of that dispute results in Alibaba Cloud bearing any liability, you must fully compensate Alibaba Cloud for its losses. In the event of a third-party dispute, Alibaba Cloud will promptly inform you, and both parties will negotiate to handle the matter in a friendly and understanding manner.
Article 12. Dispute resolution
If any dispute arises during the performance of this Agreement, both parties should attempt to resolve it through negotiation based on the principle of mutual understanding. If negotiation fails, either party has the right to file a lawsuit with the People's Court of Yuhang District, Hangzhou.
Article 13. Effectiveness, renewal, and other matters
The content of this Agreement includes the main text and all related rules that Alibaba Cloud has published or may publish in the future. These rules are an integral part of this Agreement and have the same legal effect as the main text.
The failure of either party to exercise or enforce any right or provision of this Agreement does not constitute a waiver of that right.
All notices from Alibaba Cloud to you under this Agreement may be delivered via web announcements, email, text messages, or regular mail. Such notices are considered delivered to the recipient on the date they are sent.
Any adjustments or updates to this Agreement will be announced on this website 7 days in advance. If you do not accept the updated content, you may notify Alibaba Cloud by email or in writing within 7 days to terminate the service. If Alibaba Cloud does not receive a termination request within 7 days, you are deemed to have agreed to the adjustments and updates.
If any part of this Agreement is found to be invalid for any reason, the invalidity of that part does not affect the validity of the other clauses. The invalid clause is considered to have not existed from the beginning.
Alibaba Cloud has the right to transfer all its rights and obligations under this Agreement to an affiliated company based on business adjustments. The transfer will be notified to you in the manner specified in this Agreement.
After the Agreement is terminated, the clauses concerning intellectual property and data confidentiality will survive the termination.