DataV:DataV data visualization service agreement

1 Definitions

1.1 "You" refers to all entities using the DataV Service, including but not limited to individuals, teams, companies, and organizations, also known as "users".

1.2 The DataV Service is a network service product developed and owned by Alibaba Cloud, as detailed on the subscription page.

2 Purchase and use

2.2 Alibaba Cloud will publish the billing model and pricing of the DataV Service on the Data Plus website. Refer to the website for specific billing rules, which will be charged according to the valid rates at the time of the announcement. Alibaba Cloud reserves the right to adjust fees and billing methods, with changes announced on the subscription page.

2.3 You agree that service fees paid for the DataV Service are non-refundable once usage permission is granted.

2.4 Ensure sufficient funds are available in your Alibaba Cloud account for purchasing the DataV Service. The system will automatically deduct the service fee and activate the service upon successful payment.

2.5 By selecting the "auto-renewal" option, you agree to maintain sufficient funds in your payment account 30 days before service expiration for automatic fee deduction. If auto-renewal fails due to insufficient funds, you are responsible for any consequences.

2.6 Alibaba Cloud may offer promotional activities at its discretion. Promotional content does not include modification, update, or maintenance fees for gifted services, which cannot be used to offset service prices.

3 Rights and obligations

3.1 Your Rights and Obligations

• 3.1.1 You agree to adhere to this service agreement and the relevant management specifications and processes displayed on the service page. You acknowledge that these agreements and specifications may change, and Alibaba Cloud will notify you of any changes 30 days in advance on the Data Plus website. If you disagree with the changes, you have the right to discontinue using the DataV Service. In such cases, Alibaba Cloud will settle any service fees with you, and you must export your business data. Continued use of the DataV Service implies acceptance of the modified terms.
• 3.1.2 You are obligated to pay the service fees as indicated on the Alibaba Cloud page and as stipulated in this service agreement.
• 3.1.3 Commitments and Guarantees:
  • 3.1.3.1 The data you store and process with the DataV Service must be lawful and comply with national regulations. If necessary, obtain the appropriate licenses or approvals.
  • 3.1.3.2 Without explicit permission from Alibaba Cloud, you may not modify, translate, adapt, rent, sublicense, disseminate, transfer, or reverse engineer the software provided by Alibaba Cloud.
  • 3.1.3.3 If the service involves third-party software licenses, you agree to adhere to the terms of those licenses.
  • 3.1.3.4 Prohibited from distributing spam or emails containing harmful content.
  • 3.1.3.5 You must not use Alibaba Cloud's resources to upload, download, store, or publish prohibited information or provide a means for others to do so. Prohibited content includes, but is not limited to, political propaganda, information involving state secrets, obscene or inciting content, illegal internet publishing, information that violates national ethnic and religious policies, and any content that infringes on the rights of others or is detrimental to social order.
    • 3.1.3.5.1 Content that constitutes political propaganda or news information in violation of national regulations.
    • 3.1.3.5.2 Content related to state secrets or national security.
    • 3.1.3.5.3 Content promoting feudal superstitions, or that is obscene, pornographic, vulgar, or incites criminal activity.
    • 3.1.3.5.4 Illegal online activities, including prize gambling, gambling games, unauthorized "private servers," and "plug-ins."
    • 3.1.3.5.5 Content that violates national policies on ethnicity and religion.
    • 3.1.3.5.6 Content that compromises the security of internet operations.
    • 3.1.3.5.7 Content that infringes upon the legitimate rights and interests of others, or is otherwise harmful to social order, security, and public morals.
    • 3.1.3.5.8 Any other content that contravenes laws, regulations, departmental rules, or national policies.
  • 3.1.3.6 Do not establish or use configurations to run unrelated programs or processes that could overload Alibaba Cloud's servers or affect connectivity.
  • 3.1.3.7 Refrain from engaging in activities that compromise network security.
  • 3.1.3.8 Ensure that uploaded data and programs do not contain harmful elements or interfere with the DataV Service.
    • Do not bypass or attempt to bypass any security protection mechanisms, system defense tools, or other system configurations provided by the DataV service and Alibaba Cloud.
    • Avoid introducing viruses, destructive data, or programs that could negatively impact the DataV service.
    • Refrain from interfering or attempting to interfere with the normal operations of any part of the DataV service.
    • Do not engage in any use that could weaken, damage, or otherwise negatively affect the DataV service and/or the cloud platform.
  • 3.1.3.9 Avoid activities that harm the legitimate rights of Alibaba companies.
  • 3.1.3.10 Refrain from illegal or non-compliant behavior that violates this service agreement.
  • 3.1.3.11 Alibaba Cloud has the right to review your usage behavior and take appropriate action if violations are found.
  • 3.1.3.12 If a third party raises doubts or complaints, you must provide explanations and evidence within a specified time. Failure to respond or update contact information may result in service suspension or termination.
  • 3.1.3.13 Alibaba Cloud is not responsible for any losses incurred by you if it takes action according to the above terms.
• 3.1.4 You must not install or use pirated software on the DataV Service and are responsible for any consequences.
• 3.1.5 You are responsible for the integrity and confidentiality of your data and access credentials on the Alibaba Cloud platform.
• 3.1.6 Provide Alibaba Cloud with contact information and a list of personnel responsible for executing this agreement and managing services. Update any changes promptly.
• 3.1.7 Retain access log records as required by regulations and provide them to authorities upon request.
• 3.1.8 Acknowledge that Alibaba Cloud cannot guarantee flawless services but commits to continuous improvement.
• 3.1.9 It is your responsibility to back up data stored in the DataV Service.
• 3.1.10 Follow the service description and operation guidelines for the DataV Service on the Data Plus website.
• 3.1.11 You are responsible for uploading data to be processed by the DataV Service and bear any risks associated with data leakage or loss during the upload process.

3.2 Alibaba Cloud's Rights and Obligations

• 3.2.1 Alibaba Cloud will provide services in accordance with this agreement and the standards on the product page.
• 3.2.2 Alibaba Cloud will offer customer services during the service period, including 24/7 after-sales fault service and an online ticket system for customer inquiries.
  • 3.2.2.1 Alibaba Cloud offers 24/7 after-sales support for paid users, ensuring access to effective contact information and the ability to reach a designated fault service representative who will provide prompt feedback once the issue is identified.
  • 3.2.2.2 Alibaba Cloud maintains a 24/7 online ticketing system to address customer inquiries throughout their service experience.
• 3.2.3 Alibaba Cloud will address faults not caused by the user or beyond its control.
• 3.2.4 Alibaba Cloud provides technical support as stipulated in this agreement but is not liable for impacts and losses due to user-related reasons.

4 Preservation, disclosure, and deletion of user data

4.1 Alibaba Cloud may use the information from your registration account to send promotional marketing information about products and services.

4.2 Your user data may be disclosed in the following situations:

• 4.2.1 With your consent to third parties.
• 4.2.2 To third parties or administrative/judicial institutions as required by law or their request.
• 4.2.3 If you violate Chinese laws and regulations, necessitating disclosure to third parties.
• 4.2.4 To provide requested software or services, sharing your data with third parties is necessary.

4.3 Unless required by law or agreed upon by Alibaba Cloud and you, Alibaba Cloud may delete your data upon termination of the DataV Service, and you bear all consequences of such deletion.

5 Intellectual property rights

5.1 You must ensure that the content you upload to the DataV Service does not infringe on any third party's rights. If a third party claims copyright infringement or other violations against Alibaba Cloud, you will handle the claims and indemnify Alibaba Cloud for any expenses or losses.

5.2 If there are doubts or complaints about the intellectual property rights of the content you use with the DataV Service, you are responsible for providing proof and cooperating with Alibaba Cloud.

5.3 You acknowledge that intellectual property rights for any materials, technology, software, or services provided by Alibaba Cloud belong to Alibaba Cloud or third parties. You may not copy, disseminate, transfer, or license these resources without explicit agreement, and you are responsible for any resulting liabilities.

6 Confidentiality clauses

6.1 Confidential information includes all technical and non-technical information disclosed by one party to the other, such as product information, plans, prices, strategies, customer data, and technical details.

6.2 Both parties agree to keep the other's confidential information secret and ensure that employees with access adhere to confidentiality obligations. Confidential information shall not be disclosed unless required by authorities or if it becomes public knowledge.

6.3 Both parties recognize each other's user information and business data as key confidential assets and agree to protect them from disclosure. In the event of a leak, both parties will cooperate to mitigate damage.

6.4 The confidentiality obligations of this clause remain in effect even after the termination of this service agreement.

7 Term and termination

7.1 The DataV Service is available from the activation date until termination as stipulated by law or this agreement.

7.2 The DataV Service may be terminated under the following circumstances:

• 7.2.1 By mutual agreement between both parties.
• 7.2.2 If you decide to stop using the DataV Service.
• 7.2.3 If Alibaba Cloud discontinues the service due to changes in business policies, with a 30-day notice provided on the website or through direct communication.
• 7.2.4 If you seriously breach this agreement, including non-payment, violation of commitments, or legal infractions, Alibaba Cloud may unilaterally terminate the service without refunding any fees paid.
• 7.2.5 If network security incidents, such as viruses or attacks, including DDoS, harm Alibaba Cloud's network or servers, or affect connectivity, Alibaba Cloud reserves the right to suspend or terminate the service.

8 Liability for breach of contract

8.1 Parties to this agreement will bear liability for any breach as per applicable laws.

8.3 If you are unable to use the service for 72 consecutive hours due to Alibaba Cloud's fault, excluding uncontrollable factors, you may terminate the service.

8.4 Alibaba Cloud is not liable for indirect, consequential, punitive, incidental, or special damages, including lost profits, arising from your use of the DataV Service.

8.5 Alibaba Cloud's total liability for breach under this agreement shall not exceed the total service fees paid by you related to the breach.

9 Force majeure

9.1 Neither party is responsible for failure to perform obligations due to force majeure or accidental events that render performance impossible, unnecessary, or meaningless.

9.2 Force majeure and accidental events include unforeseeable, unavoidable, and insurmountable events with significant impact, such as natural disasters, wars, government actions, network interruptions, hacker attacks, and technical adjustments by telecommunications departments.

10 Applicable law and dispute resolution

10.1 This service agreement is governed by the laws of the People's Republic of China.

10.2 Any disputes arising from this agreement shall be resolved through negotiation. If negotiation fails, either party may bring the dispute to the People's Court of Yuhang District, Hangzhou City.

11 Supplementary provisions

11.1 The service description, pricing, and subscription page you confirm on the Data Plus website form an integral part of this agreement. In case of inconsistencies, this service agreement prevails.

11.2 Alibaba Cloud may transfer its rights and obligations under this agreement to its affiliates without prior consent, with notice provided on the Data Plus website or through direct communication.

11.3 Clauses intended to survive the termination of this agreement, such as commitments and guarantees, confidentiality, intellectual property rights, and dispute resolution, will remain in effect.

11.4 Alibaba Cloud may notify you regarding this agreement through various means, including website announcements, emails, text messages, or written letters. Notices are considered delivered on the date of sending.

11.5 The titles in this agreement are for convenience and do not define or limit the scope of the clauses.