Cloud Native Build Service Agreement
About 8171 wordsAbout 27 min
Welcome to use Cloud Native Build (Cloud Native Build) service! This agreement is a contract between Tencent Cloud Computing (Beijing) Co., Ltd. (hereinafter referred to as "Tencent Cloud") and you regarding your use of Cloud Native Build services. To use Cloud Native Build services, you should fully read and understand this agreement, in which restrictive, exemption clauses or other clauses involving your significant rights and interests (such as breach penalties, dispute jurisdiction, etc.) may be highlighted in bold, underlined, or other forms to draw your attention. Unless you have fully read, understood, and agreed to accept and comply with this agreement, please do not use Cloud Native Build services. By checking the box, clicking to confirm, or otherwise expressly or implicitly indicating your acceptance of this agreement, or by using Cloud Native Build services in any way, you are deemed to have read and agreed to be bound by this agreement, which shall take legal effect between you and Tencent Cloud.
The use of Cloud Native Build services shall comply with this agreement and its service rules. The service rules are subject to the content displayed on the Cloud Native Build official website (https://cnb.cool) or other related pages. You should understand the service rules in advance and operate in accordance with them to ensure smooth use. If you violate any provisions of this agreement and the service rules, Tencent Cloud has the right to take corresponding measures at any time in accordance with the agreement and reserves the right to pursue relevant legal liabilities.
Article 1 General Provisions
1.1 Cloud Native Build will provide you with the service capabilities described in the product documentation and interact with external service platforms through Cloud Native Build server addresses. If you download, deploy, or use third-party service capabilities, please ensure that you have obtained legal authorization from the third-party service provider; we do not make any commitments regarding the consequences and effects of your use of third-party services, and any disputes and consequences arising therefrom shall be resolved by you.
1.2 Service rules involving specific services, including service content, service levels, technical specifications, operation documentation, billing standards, etc. (collectively referred to as "Service Rules"), are subject to the content displayed on the Cloud Native Build official website or other related pages.
1.3 Tencent Cloud is a neutral technical service provider and provides you with various technical products and services in accordance with the agreement; your website, applications, software, platforms, and any other products, services, and related content, as well as your downloading, deployment, and use of third-party services, etc., shall be operated by you and you shall bear full responsibility.
1.4 Both parties guarantee that they have obtained legal business qualifications or government approvals in accordance with national regulations and are entitled to operate their products and services in accordance with the law. Both parties further guarantee that they will continue to maintain the business qualifications or approval procedures required by national regulations during the validity period of this agreement.
1.5 Due to the timeliness, complexity, and efficiency of network services, as well as the need to respond to regulatory requirements and policy norms, you agree that Tencent Cloud may adjust this agreement and related service rules and announce them through one or more methods such as website announcements, email notifications, SMS notifications, system messages, or internal messages; if you continue to use the platform services after the adjustment, it shall be deemed that you have fully read, understood, and accepted the modified agreement and will follow the modified agreement. If you do not accept the modified agreement, you have the right to stop using Cloud Native Build services.
Article 2 Accounts
2.1 You should legally possess the necessary and appropriate capacity for rights and conduct and have granted the operator sufficient rights to complete the registration process. Complete the registration in accordance with the requirements of Cloud Native Build and obtain a Cloud Native Build service account (hereinafter referred to as "Account"). Without the consent of Cloud Native Build, your account is for your personal use only, and the account information and permissions shall not be transferred, gifted, borrowed, sold, authorized, or leased to third parties or jointly controlled or used by third parties.
2.2 Your registration information is an important credential for identifying the ownership of the account. You should use a WeChat account that you legally enjoy to register. Otherwise, you may not be able to log in and use Cloud Native Build services normally.
2.3 The account uses WeChat OPENID as the unique credential to identify your account. After registering with a WeChat account, you need to supplement your legal mobile phone number.
2.4 You can create an organization through the account. The following terms are defined for the organization:
(1) Organization: A product concept in Cloud Native Build services for managing personnel and data. Through organizations, members can be invited to collaborate, and related data can be managed. Organizations support multiple levels, allowing the creation of sub-organizations within an organization to meet the needs of isolation of personnel and data among different collaboration units in large teams.
(2) Top-level Organization: Each top-level organization is an independent namespace that can separately manage personnel and data and is isolated from other top-level organizations in terms of personnel and data.
(3) Sub-organization: A sub-resource under a top-level organization that can manage members and data and inherits the member permissions of the upper-level organization.
(4) Owner: The account with the highest permissions in the organization, which can perform any operation on organizational resources, such as adding members, deleting resources, etc.
(5) Administrator: A management member of the organization with all operational permissions except for resource deletion and granting owner permissions, such as adding ordinary members, creating resources, editing resources, etc.
2.5 You can create an organization through the account and automatically become the owner of the organization. The owner or administrator of the organization can invite other users to join the organization and assign data viewing/operation permissions under the organization by granting roles. When changing the role of an organization member, the member's permissions will also change accordingly. The data generated by your participation in collaboration in the organization belongs to the organization, such as repositories, artifacts, issues, etc.
2.6 Cloud Native Build allows your account to join multiple organizations (after being invited by the owner or administrator of the organization). Your data access/operation permissions within the organization are determined by the owner or administrator of your organization. You can also actively leave the organization, but a top-level organization/repository must have at least one owner. If you are the only owner, you need to add another member as the owner before you can leave. After your account leaves the organization, you will no longer have the data viewing/operation permissions brought by the organization role.
2.7 The validity of this agreement applies to all accounts under your name. Your account personal credential information belongs to you, and the account will be used as the basis for identifying your identity when using Cloud Native Build services. You should take necessary and effective confidentiality and security protection measures for your account information (including but not limited to: keeping usage permissions, setting high-strength passwords, and regular replacement measures, etc.). Otherwise, the consequences shall be borne by you. In addition, you shall be responsible for the actions under the account, and all operational behaviors under the account shall be deemed as implemented by you, and you shall bear all legal consequences.
2.8 You need to establish and improve internal management systems to standardize the use and management of accounts. To protect your rights and interests, the account should be used by you only. If you authorize your employees or others to manage the account based on your own business needs, you must do a good job of permission control and complete the handover and account security protection (such as setting account protection, etc.) in a timely manner when personnel changes occur.
2.9 You need to be aware that to ensure the legal compliance and effective use of account resources, Cloud Native Build has the right to recycle or block accounts under the following circumstances. After recycling or blocking, the data in the account will no longer be retained, and any losses caused thereby shall be borne by you.
- When you do not use a legal mobile phone number for real-name authentication;
- Your account violates the relevant provisions of this agreement or laws and regulations, or when required by the competent authorities;
- Other circumstances where Cloud Native Build deems it necessary to recycle or block your account.
2.10 To protect the security of accounts and businesses, your account needs to undergo real-name authentication in accordance with Cloud Native Build regulations when performing special security operations (such as permission transfer, account cancellation, etc.) or using certain specific scenario functions (such as posting content, etc.). You agree to authorize Cloud Native Build to verify the relevant information or materials you submit through a third party.
2.11 Real-name authentication is the basis for judging the ownership of the account and the responsibility. In the event of disputes such as account ownership disputes, Cloud Native Build has the right to determine that the account belongs to the real-name authentication subject; for accounts with disputed ownership, Cloud Native Build has the right to temporarily freeze the account. You must be cautious when conducting authentication, give sufficient attention, and ensure that the authentication subject is consistent with the account owner, avoiding any improper authentication behaviors such as authenticating the account you use under someone else's name.
2.12 If you find that someone else has stolen your account or any other situation without your legal authorization, you should immediately notify Tencent Cloud in an effective manner and provide necessary materials (such as customer information, situation description, supporting materials, and demands, etc., so that Tencent Cloud can verify your identity and the event). After receiving your valid notice and verifying your identity, Tencent Cloud will handle it in accordance with laws and regulations and service rules. Tencent Cloud's handling in accordance with this article shall not be deemed as a breach of contract, and any related responsibilities and consequences shall be borne by you. If the materials you provide are flawed, resulting in Tencent Cloud being unable to verify your identity or judge your needs, etc., and thus failing to handle it in a timely manner, the resulting losses shall be borne by you. At the same time, you understand that Tencent Cloud needs a reasonable period to process your request. For losses you have incurred before Tencent Cloud takes measures and losses caused by reasons not attributable to Tencent Cloud after the measures are taken, Tencent Cloud shall not bear any responsibility.
2.13 If you need to cancel your account, you have the right to do so through the methods and procedures announced by Tencent Cloud. We will verify your identity, clean up account assets (such as obtained product services, etc.), and handle disputes before providing you with account cancellation services. Since a top-level organization/repository must have at least one owner, if you are the only owner, you need to add another member as the owner or cancel the top-level organization/repository before you can proceed with the cancellation process. However, after your account is canceled, this agreement will be terminated, and we will stop providing you with any services. Once the account is canceled, it will be deemed that you have automatically given up organizational resources and data.
2.14 You understand that to protect the network ecosystem and network security and maintain a good network transaction order, both you and Tencent Cloud have the obligation to comply with national laws, regulations, and policy norms. To this end, Tencent Cloud has the right to formulate corresponding account agreements, network platform rules, service specifications, and other Tencent Cloud rules, set up the Tencent Cloud Reporting Platform to accept complaints and reports, and take corresponding restrictions and disposal measures against accounts that violate laws, regulations, policy norms, and Tencent Cloud rules.
Article 3 Services
3.1 Service Activation
3.1.1 You can purchase this service according to your needs by visiting the Tencent Cloud official website https://buy.cloud.tencent.com/cnb. The purchase and settlement of this service are subject to the service agreement of the Tencent Cloud official website, the service rules corresponding to the purchased service, and the billing rules. Before purchasing, you need to carefully read the above agreements and rules and decide whether to purchase or use them based on your needs. By using or successfully placing an order for the required service in any way, you are deemed to have read and agreed to be bound by the Tencent Cloud official website service agreement, the service rules corresponding to the purchased service, and the billing rules.
3.1.2 You need to be aware that you can obtain and use products or services provided by third parties (if any, subject to the third-party brands or products marked by Cloud Native Build on the official website and within the product) through the Cloud Native Build platform according to your needs. You should evaluate whether the product or service meets your requirements. The activation of third-party products or services may require you to sign a separate agreement with the third party. The separate agreement may be displayed in electronic form or as an independent paper document. You can decide whether to accept the agreement and use the product or service based on your situation. Disputes arising from your use of third-party products or services shall be resolved by you and the third party.
3.1.3 You need to complete the payment in a timely manner after submitting the order. Some services may have time limits, inventory limits, or activity quantity limits. After submitting the order, if you fail to pay in time, or if there is insufficient quantity or the limit has been reached during the payment period, you may not be able to purchase successfully.
3.1.4 After purchasing Cloud Native Build product resources on the Tencent Cloud official website, the product resources will provide an authorization ID and authorization code. Please follow the operation instructions to associate the authorization ID and authorization code with your top-level organization in the Cloud Native Build service. Otherwise, you may not be able to continue using this service after the free quota is exhausted.
3.1.5 Cloud Native Build may launch "limited-time free", "limited-time discounts", "limited-quantity discounts", "recharge discounts", and gift services and other preferential measures (hereinafter collectively referred to as "Preferential Measures") for various reasons such as marketing activities and product promotion during specific periods. You understand and agree that these Preferential Measures may be temporary, phased, or limited in quantity, or may only apply to customers who meet specific conditions. You need to purchase and use the corresponding services in accordance with the corresponding rules. Unless otherwise specified in writing, Preferential Measures cannot be applied simultaneously, nor can they be transferred or repurchased or refunded for price differences based on the requirements of the Preferential Measures.
3.2 Service Fees
3.2.1 This service is settled through the Tencent Cloud official website. The relevant billing rules (including settlement methods, billing standards, arrears, and refund instructions, etc.) will be listed and publicized on the ordering page of the Tencent Cloud official website and the corresponding product documentation page. You should pay the service fees in full in advance or keep your Tencent Cloud account balance sufficient according to the service rules of the selected service to ensure the continuous use of the service.
3.2.2 Preferential Measures are set based on specific conditions. If you ultimately do not meet the specific conditions, you will not be able to enjoy the corresponding preferential treatment (including but not limited to discounts, gift vouchers, preferential use of other services, etc.). Both parties shall settle the fees according to the original price of the corresponding service on the official website at the time of purchase. Based on specific conditions, we have the right to recover the Preferential Measures issued to your account, unless you and Tencent Cloud have another agreement.
3.2.3 You can pay online or recharge through your account, or you can pay the service fees of this service through bank transfer through the Tencent Cloud official website (to ensure the continuity of the service, if you choose to pay offline, you should reserve a reasonable time for Cloud Native Build to verify the arrival of the payment and complete the recharge of your account).
3.2.4 You acknowledge and confirm that during the service period, this service may adjust the quotation and billing at its discretion. Please refer to the latest content published on the relevant pages of this service for ordering. If you place an order after the effective date of the announcement of the billing adjustment of this service on the Tencent Cloud official website, the adjusted billing method will be used for billing. If you do not agree to the aforementioned billing adjustment, you should immediately stop using this service. If you continue to use this service, it shall be deemed that you understand and agree to pay the corresponding fees according to the latest published billing standards and methods.
3.2.5 You should pay the fees in a timely and full amount in accordance with the service rules. If you fail to pay the fees in a timely and full amount, we have the right to refuse to activate the service or suspend or terminate the service without further notice, and may take one or more of the following measures:
- In addition to paying the payable fees in accordance with the agreement, you shall pay us a penalty of 1‰ of the unpaid fees for each day of delay until all fees are paid in full.
- If your payment is overdue for more than 15 days, we have the right to take measures including but not to unilaterally terminate the agreement at any time without further notice to you.
- If your payment is overdue but you have used prepaid services (if any) or your Tencent Cloud account has unspent cash balance, we have the right to directly use the prepaid fees and cash balance to offset the arrears and various penalties without further notice to you.
- Delete part or all of the information and data stored or generated by you based on the use of this service.
3.2.6 If sales discounts, sales returns, or other situations that require the issuance of red-letter invoices or re-invoicing in accordance with national regulations occur under the business covered by this agreement, Tencent Cloud needs to issue red-letter invoices or re-invoices to you in accordance with national tax regulations. You need to return the invoices already issued by Tencent Cloud or submit valid proof to the tax bureau that requires Cloud Native Build to issue red-letter special invoices in accordance with national tax regulations. Both parties agree to implement the following policies specifically:
(1) If the return of the invoice occurs in the month when the invoice is issued and you have not yet carried out tax certification and deduction, you can return the invoice.
(2) If you have carried out tax certification and deduction for the invoice, or the time for returning the invoice has exceeded the month when the invoice is issued, you should provide Tencent Cloud with the necessary materials for issuing red-letter invoices, such as the "Information Form for Issuing Red-letter Value-added Tax Special Invoices".
(3) For refund applications where Tencent Cloud has not yet issued the invoice or has issued the invoice but has not yet delivered it to you, you do not need to provide invoice-related materials. If the above conditions cannot be met, the refund cannot be processed, and the consequences shall be borne by you. Tencent Cloud shall not bear any responsibility for this. After completing the above process of returning the invoice and issuing the red-letter invoice, Tencent Cloud will re-issue the invoice according to the actual consumption amount within the next month and refund the remaining cash balance in your account.
3.2.7 When your organization is in arrears, please recharge in time to avoid affecting your business. The organization will be in a grace period for arrears within 1 day and can continue to use the service. After 1 day of arrears, the organization will enter a suspension period for arrears and can only browse. If the organization is in arrears for up to 15 days, all resources and data under the organization in arrears will be recovered.
3.3 Service Support
3.3.1 Cloud Native Build provides you with after-sales service to assist you in answering and handling problems encountered in the process of using Cloud Native Build services. The non-product guide content provided to you by Cloud Native Build, such as customer cases, engineering improvement suggestions, etc., are for reference only and shall not be regarded as product usage guidance information.
3.3.2 Cloud Native Build reserves the right not to provide you with corresponding services and/or technical support, or to terminate services and/or technical support before you pay all fees as agreed.
3.3.3 Cloud Native Build continuously optimizes, upgrades, and expands existing services to provide you with richer service types and service functions. You understand that new or expanded service types and service functions may require you to pay additional fees to use. At the same time, Cloud Native Build also has the right to charge for current free services, increase or decrease service prices, and announce or send you notifications when adjusting prices. The adjusted prices will take effect on the date determined by the announcement or notification. Unless otherwise agreed by both parties.
3.3.4 Cloud Native Build provides availability guarantees within the scope of the service rules (see "Cloud Native Build Service Level Agreement"). By using or purchasing Cloud Native Build services, you are deemed to have agreed to the terms of the "Cloud Native Build Service Level Agreement".
3.4 Service Suspension, Change, Termination
3.4.1 In order to provide you with more perfect services, Tencent Cloud has the right to regularly or irregularly inspect, maintain, upgrade, and optimize the service platform or related equipment, systems, software, etc., which may cause short-term interruption or suspension of the services you use. Tencent Cloud does not need to bear any responsibility for such interruption or suspension, but Tencent Cloud should notify you in advance within a reasonable time.
3.4.2 Tencent Cloud has the right to adjust and change the types of services and service functions provided according to its own operational arrangements. If the aforementioned adjustments and changes affect your use of Cloud Native Build services, Tencent Cloud will notify you in advance within a reasonable period before the adjustments and changes take effect. If the relevant adjustments and changes will substantially reduce the functions and rights of the Cloud Native Build services you have purchased, Tencent Cloud will provide corresponding adjustment plans. If you have any objections, you should raise them within 30 days after Tencent Cloud notifies you.
3.4.3 To ensure the security and stability of the services, Tencent Cloud may need to carry out major adjustments such as data center withdrawal, renovation, migration, and equipment replacement. The aforementioned major adjustments may affect the services you use. Tencent Cloud will notify you at least 30 days in advance so that you can migrate and adjust your business systems. You should actively cooperate with the migration of relevant data. You promise to complete the corresponding operations within the specified time after receiving the notice from Tencent Cloud. Otherwise, the consequences caused by your business being unable to be accessed or other problems shall be borne by you.
3.4.4 You understand that Tencent Cloud needs to interrupt the services provided to you or cannot continue to provide services to you due to the execution of orders and regulatory instructions from courts, government agencies, and other competent authorities, or to deal with emergencies or threats to the security or integrity of Cloud Native Build services. You understand that considering the urgency and particularity of related events, Tencent Cloud may directly take such actions without prior notice.
3.4.5 You can terminate part or all of the Cloud Native Build services you have activated in accordance with this agreement and the Cloud Native Build service rules, or you can cancel all your registered Cloud Native Build accounts to terminate the service relationship between Cloud Native Build and you. You should pay attention to inspecting and evaluating the impact of terminating related Cloud Native Build services on your systems and operating business to avoid causing damage.
Article 4 Customer Rights and Obligations
4.1 You have the right to use Cloud Native Build services in accordance with the terms of this agreement and obtain technical support and after-sales service from Cloud Native Build.
4.2 When using Cloud Native Build services, you must comply with relevant laws and regulations and service rules, and ensure that you have the business qualifications and capabilities required by laws and regulations. You must not engage in or facilitate any acts that violate laws and regulations, including but not limited to the following:
4.2.1 Opposing the basic principles stipulated in the Constitution.
4.2.2 Endangering national security, leaking state secrets, subverting state power, or undermining national unity.
4.2.3 Damaging national honor and interests.
4.2.4 Inciting ethnic hatred, ethnic discrimination, or undermining national unity.
4.2.5 Undermining national religious policies, promoting cults and feudal superstitions.
4.2.6 Spreading rumors, disrupting social order, or undermining social stability.
4.2.7 Spreading obscenity, pornography, gambling, violence, murder, terror, or inciting crime.
4.2.8 Insulting or slandering others, infringing upon the legitimate rights and interests of others.
4.2.9 Engaging in any acts that violate the "Seven Bottom Lines".
4.2.10 Containing other content prohibited by laws and administrative regulations.
4.3 When using Cloud Native Build services, you must maintain Internet order and security, must not infringe upon the legitimate rights and interests of any subject, and must not engage in or facilitate any of the following acts:
4.3.1 Engaging in fraud, falsehood, or misleading behavior, or infringing upon the intellectual property rights or any other legitimate rights and interests of others, such as "private servers" and "plug-ins".
4.3.2 Publishing or disseminating spam (SPAM) or information containing content that endangers national order and security, feudal superstitions, obscenity, pornography, vulgarity, or other illegal or non-compliant information.
4.3.3 Violating the operating regulations of networks, equipment, or services connected to the Cloud Native Build network; engaging in illegal or unauthorized access, theft, interference, or monitoring.
4.3.4 Engaging in any acts that damage or attempt to damage network security, including but not limited to using viruses, Trojans, malicious code, phishing, etc., to maliciously scan websites or servers, illegally invade systems, or illegally obtain data.
4.3.5 Engaging in any acts that change or attempt to change the system configuration provided by Cloud Native Build services or damage system security; using technology or other means to disrupt or attempt to disrupt the operation of Cloud Native Build services or others' use of Cloud Native Build services; interfering or attempting to interfere with the normal operation of any product or any part or function of Cloud Native Build in any way, or producing, publishing, or disseminating the aforementioned tools or methods.
4.3.6 Due to engaging in any business including but not limited to "DNS resolution", "security services", "domain name agency", "reverse proxy", etc., causing yourself to frequently suffer attacks (including but not limited to DDoS attacks) and failing to correct the behavior in a timely manner or failing to eliminate the impact as required, thereby affecting Cloud Native Build services or others.
4.3.7 Engaging in other acts that disrupt Internet order and security.
4.4 Without the written permission of Tencent Cloud, you must not authorize, allow, or assist any third party to perform the following acts on the services and information content in Cloud Native Build:
4.4.1 Copying, reading, or adopting the services and information content of Cloud Native Build for commercial purposes other than those agreed upon;
4.4.2 Editing, organizing, or arranging the information content of the platform and related services without authorization and displaying it on channels other than the source page of Cloud Native Build and related services;
4.4.3 Using improper means to guide, transfer, hijack, or perform any acts that have an adverse impact on Cloud Native Build and related services, either by yourself or by assisting a third party.
4.5 You fully understand and confirm that you must strictly comply with applicable laws and regulations and the authorization terms of third-party service rights holders during the process of using Cloud Native Build services. Without authorization, you must not download, deploy, run, or disseminate third-party protected code, software, or other content through Tencent Cloud services. Tencent Cloud reserves the right to review suspected infringements and take restrictive measures, including but not limited to suspending services, deleting related content, or terminating services. If you violate the above commitments and lead to the occurrence of infringement liability, you shall bear all the resulting responsibilities and compensate Tencent Cloud for the losses suffered thereby.
Article 5 Tencent Cloud Rights and Obligations
5.1 Tencent Cloud shall provide Cloud Native Build services and after-sales support to you in accordance with the terms of this agreement.
5.2 Tencent Cloud only provides operation and maintenance for Cloud Native Build services themselves. You shall ensure the security and stability of your own network and equipment. If the following situations occur, you shall resolve them in a timely manner and avoid affecting Cloud Native Build services:
5.2.1 Problems with your internal network, including but not limited to overload, etc.
5.2.2 Malfunctions of your own equipment or third-party equipment you use.
5.2.3 You disassemble the equipment or cause network interruption by other means.
5.2.4 Other situations caused by your own reasons that lead to any failures or network interruptions.
5.3 If Tencent Cloud independently discovers or discovers based on information from relevant departments or complaints from rights holders that you may have violated relevant laws and regulations or this agreement, Tencent Cloud has the right to independently judge based on the understanding of ordinary people and take one or more of the following measures at any time unilaterally:
5.3.1 Require you to immediately delete or modify related content.
5.3.2 Restrict or suspend providing you with all or part of Cloud Native Build services (including but not limited to directly taking offline part of your services and recovering related resources, restricting operations/freezing accounts for your account, etc.).
5.3.3 Terminate providing you with Cloud Native Build services and terminate the agreement (including but not limited to directly taking offline all your services and recovering related resources, etc.).
5.3.4 Pursue your other legal responsibilities according to the law.
Tencent Cloud taking corresponding measures in accordance with this agreement (including but not limited to suspending services, deducting fees, terminating the agreement, etc.) shall not be deemed as a breach of contract by Tencent Cloud. If this causes you losses (including but not limited to business suspension, data clearing, etc.), you shall bear them yourself. The responsibilities and consequences caused by your violation of this agreement shall be borne by you. If losses are caused to Tencent Cloud or a third party, you shall compensate.
5.4 Tencent Cloud may transfer part or all of the rights and obligations under this agreement to a third party, but Tencent Cloud must notify you in writing 90 days in advance. For the effectiveness of this clause, both parties agree to sign all reasonably necessary documents and take reasonably necessary measures.
5.5 Considering the services provided by Tencent Cloud to you, you agree to authorize Tencent Cloud to display your name, trademarks, and other commercial logos as well as this agreement project as successful cases to potential customers in the process of information display, market promotion, and business opportunity negotiation. However, Tencent Cloud must not violate the agreement on intellectual property rights and confidentiality in this agreement.
Article 6 User Business Data
6.1 You are responsible for the integrity and confidentiality of the data you store on Cloud Native Build services and the passwords for entering and managing various products and services on Cloud Native Build services. Any losses and consequences caused by your improper maintenance or confidentiality that result in the loss or leakage of the aforementioned data and passwords shall be borne by you.
6.2 You guarantee that the data you store or upload to Cloud Native Build services is data that you have legally collected, obtained, or generated, and that you will not and have not infringed upon the legitimate rights of any individual or entity in any way.
6.3 You guarantee that you have the right to use Cloud Native Build services to store, upload, analyze, and distribute the aforementioned data, and that all processing activities of the aforementioned data comply with the requirements of relevant laws and regulations. There is no illegal, infringing, or violation of the contract you have with a third party, and the data will not be used for illegal or non-compliant purposes.
6.4 You have the right to use Cloud Native Build services to upload, analyze, delete, and modify data (subject to the service rules of the service you use). For operations such as deleting and modifying data, you should operate carefully and bear the consequences caused by such operations. Once user business data is deleted, it cannot be recovered. You shall bear the consequences and responsibilities caused by the deletion of the data. You understand and agree that Cloud Native Build has no obligation to continue to retain, export, or return user business data.
6.5 Except as required by your use of Cloud Native Build services and as otherwise provided by laws and regulations, without your consent, Tencent Cloud will not access or use your data. The following situations are excluded:
6.5.1 When state authorities legally inquire or access user business data, Tencent Cloud has the obligation to cooperate in accordance with relevant laws and regulations or policy documents and disclose to third parties or administrative or judicial agencies;
6.5.2 For any leakage, loss, theft, or tampering of personal information and business data caused by you informing others of your personal account information or sharing your registered account with others, Tencent Cloud shall not bear any responsibility;
6.5.3 You and Tencent Cloud otherwise negotiate and agree.
6.6 You shall back up the data yourself according to your own needs. Cloud Native Build services only provide data backup services in accordance with relevant legal and regulatory requirements or service rules. Tencent Cloud shall only bear responsibilities within the scope of data backup services provided by law or agreement.
6.7 If there is any violation of laws and regulations in the generation, collection, processing, use, etc. of your data, all results and responsibilities arising therefrom shall be borne by you. Moreover, Tencent Cloud has the right to terminate providing you with all or part of the services at any time. All losses you suffer or all responsibilities and expenses you bear as a result shall be borne by you.
6.8 Unless clearly agreed by laws and regulations, required by competent authorities, or otherwise agreed by both parties, in the following situations, Tencent Cloud will no longer retain any of your business data, including all cached or backup copies.
6.8.1 When the service period expires, the service is terminated in advance (including but not limited to termination by mutual agreement, termination due to other reasons, etc.), or you are in arrears for more than 15 days.
6.8.2 When your account has been blocked or recovered.
6.8.3 When you violate the provisions of this agreement, relevant laws and regulations, or when required by competent authorities.
Article 7 Intellectual Property Rights
7.1 The intellectual property rights of any materials, technologies or technical support, software, services, etc. provided by one party to the other party under this agreement belong to the providing party or its legitimate rights holder; except as otherwise provided, the other party has no right to copy, disseminate, transfer, license, or provide others to use the aforementioned intellectual property rights without the express consent of the providing party or the legitimate rights holder.
7.2 Tencent Cloud reserves the intellectual property rights and other rights and interests of the service results and service derivatives under this agreement; unless otherwise expressly stipulated in this agreement, no content of this agreement shall be interpreted as granting you the intellectual property rights and other rights and interests of the aforementioned service results and service derivatives.
7.3 If a third party claims against you that your acquisition and use of Cloud Native Build services in accordance with this agreement infringe the intellectual property rights of the rights holder, or Tencent Cloud believes that such claims may be filed, Tencent Cloud will decide at its own discretion: (a) to obtain the right for you to continue to use the applicable Cloud Native Build services; (b) to modify the Cloud Native Build services, or to replace the original services with non-infringing software or services that will not seriously damage the service functions; or (c) if the aforementioned solutions are not commercially reasonable, to terminate the applicable order and refund the fees you prepaid to Tencent Cloud for the services involved in the claim (or possible claim) on a pro-rata basis.
Tencent Cloud will provide you with reasonably necessary information and assistance for settlement or defense, and will bear corresponding compensation responsibilities for damages caused to you due to reasons attributable to Tencent Cloud. However, for claims made by third parties under the following circumstances, you shall defend yourself and pay compensation for any adverse final judgment or settlement: (a) You use technologies or software or software improvements not provided by Cloud Native Build; (b) Technologies or software or software improvements independently developed by you; (c) Software or technologies that you combine or change Cloud Native Build services and other third-party software or technologies; (d) Services or products provided by Tencent Cloud in accordance with your special requirements or specifications; (e) Responsibilities caused by your failure to follow or execute Cloud Native Build service rules and related notices.
Article 8 Confidential Information
8.1 Both parties have or will provide or disclose certain confidential information for the purpose of this agreement. Among them, the party disclosing the confidential information is the "Disclosing Party", and the party receiving the confidential information is the "Receiving Party".
8.2 "Confidential Information" refers to non-public information, information, data, materials, etc. related to the business, operation, technology, rights, and other matters held by the Disclosing Party, including but not limited to business plans, business materials, knowledge and information related to technology, ideas, concepts, plans, provided items or manufacturer materials, user information, personnel materials, business plans, service prices and discounts, financial status, etc.
8.3 The information that the Receiving Party learns from the Disclosing Party, if marked or reasonably recognized as belonging to the Disclosing Party's confidential information, the Receiving Party must keep the Disclosing Party's confidential information confidential, and shall not disclose it to any third party in any way or use it for purposes other than this agreement without the written consent of the Disclosing Party. The Receiving Party shall treat the Disclosing Party's confidential information with the same degree of care as its own confidential information (and not less than reasonable prudence).
8.4 Notwithstanding the foregoing, information shall not be deemed confidential information if it falls under any of the following circumstances:
8.4.1 The information was already lawfully in the possession of the Receiving Party prior to its disclosure by the Disclosing Party.
8.4.2 The information is or becomes publicly known through no breach of this agreement by the Receiving Party.
8.4.3 The information is lawfully obtained by the Receiving Party from a third party entitled to disclose it without any obligation of confidentiality.
8.4.4 The information is independently developed or obtained by the Receiving Party without the use of or reference to any of the Disclosing Party's confidential information.
8.5 If the Receiving Party is required by laws, regulations, or regulatory authorities to disclose the Disclosing Party's confidential information, it shall not be deemed a breach of this agreement, but the Receiving Party shall notify the Disclosing Party as soon as possible within the scope permitted by law. At the same time, the Receiving Party shall endeavor to help the Disclosing Party effectively limit the scope of disclosure of such confidential information and protect the Disclosing Party's legitimate rights and interests.
8.6 The confidentiality obligations of both parties shall remain valid during the term of this agreement and after its expiration, until the relevant information no longer has confidential significance.
8.7 Once a confidential information leakage incident occurs, both parties shall cooperate to take all reasonable measures to avoid or mitigate the damage; if the Receiving Party breaches its confidentiality obligations and causes losses to the Disclosing Party, the Receiving Party shall compensate the Disclosing Party for the direct economic losses caused thereby.
Article 9 Force Majeure and Liability Limitation
9.1 You understand and agree that the following situations may occur during the use of Cloud Native Build services, causing service interruption. In the event of the aforementioned situations, Tencent Cloud shall promptly cooperate with relevant units to carry out repairs, but Tencent Cloud shall be exempted from liability for any losses caused to you thereby.
9.1.1 Force majeure, including but not limited to natural disasters, government actions, the promulgation and adjustment of laws and regulations, strikes (excluding internal labor disputes of either party), riots, and other unforeseeable, unavoidable, and insurmountable objective circumstances.
9.1.2 Reasons of basic operators, including but not limited to technical adjustments by telecommunications departments, damage to telecommunications/power lines by others, installation, transformation, and maintenance of telecommunications/power networks/power resources by telecommunications/power departments.
9.1.3 Network security incidents, such as damage caused by computer viruses, Trojans, or other malicious programs, or hacker attacks.
9.1.4 You use Cloud Native Build services through unauthorized means of Tencent Cloud, your improper operation, or failures in your computer software, system, hardware, and communication lines.
9.1.5 Other situations beyond Tencent Cloud's fault or Tencent Cloud's reasonable control or foresight.
9.2 Due to force majeure, reasons of basic operators, network security incidents, or other events beyond the reasonable control of the parties, causing delayed performance of this agreement or breach by either party, neither party shall bear liability for breach of contract. However, the affected party shall notify the other party as soon as possible. If the aforementioned events hinder the performance of the agreement for more than 30 days, either party may terminate the agreement by giving 15 days' written notice to the other party. If the agreement is terminated in accordance with this clause, neither party shall bear liability for breach of contract.
9.3 You understand and agree that Cloud Native Build services are provided in the current state of existing technology and conditions. Tencent Cloud will make every effort to ensure the continuity and security of the services, but Tencent Cloud cannot guarantee that the services provided are flawless. Therefore, even if there are flaws in Cloud Native Build services, if such flaws are unavoidable at the current industry technical level, they shall not be deemed as a breach of contract by Tencent Cloud, and Tencent Cloud shall not bear any responsibility. Both parties shall cooperate in a friendly manner to jointly solve the problems.
9.4 Under any circumstances, neither party shall be liable to the other party for any indirect, incidental, special, or punitive damages and losses (such as loss of profits, loss of opportunities, fees paid to third parties, loss or damage to reputation/goodwill, etc.), whether based on contract, warranty, tort, or any other liability theory, regardless of whether either party knew or should have known the possibility of the aforementioned losses or damages.
9.5 Under any circumstances, the total liability of Tencent Cloud to you under this agreement and related orders and Cloud Native Build services (whether based on contract, tort, or any other liability theory) shall not exceed the total amount of fees you have paid to Tencent Cloud for the Cloud Native Build services that caused your loss;If the service period of the Cloud Native Build services that caused your loss exceeds 12 months, the maximum liability of Tencent Cloud shall not exceed the total amount of fees you have paid to Tencent Cloud for the Cloud Native Build services that caused your loss in the 12 months before the occurrence of the damage(To avoid ambiguity, the fees here refer to the cash you have actually paid for the actual duration/quantity of use of the service, excluding vouchers, prepaid but not actually consumed fees, etc.).If this clause conflicts with other agreements between the two parties or the Cloud Native Build service rules, this clause shall prevail.
Article 10 Notices and Delivery
10.1 You shall ensure and maintain the validity of the information you provide (including but not limited to telephone numbers, email addresses, and other contact information). If your information is false, invalid, or otherwise may cause you to fail to learn business notices, service prompts, customer service, technical support, dispute coordination, violation penalties, and other information in a timely manner, you shall bear the corresponding responsibilities.
10.2 You shall send notices to Tencent Cloud in accordance with the contact information published on the Cloud Native Build official website, unless otherwise agreed by both parties. If you fail to notify Tencent Cloud in accordance with the agreed methods and channels, your notice may not be delivered or may be delayed.
10.3 Tencent Cloud may send you various information related to Cloud Native Build services (including but not limited to updated service rules, service upgrades, data center withdrawal, advertisements, etc.) through one or more methods such as webpage announcements, system notifications, internal messages, emails, mobile text messages, instant messaging tools, letters, etc. The aforementioned information shall be deemed to have been delivered under the following circumstances:
10.3.1 If delivered by a dedicated person, it shall be deemed delivered when the recipient signs for it.
10.3.2 If published in the form of a webpage announcement, it shall take effect upon publication (unless otherwise stated).
10.3.3 If sent electronically (including system notifications, internal messages, emails, mobile text messages, instant messaging tools, etc.), it shall be deemed delivered upon successful sending.
10.3.4 If delivered by a prepaid courier company or by registered mail, it shall be deemed delivered on the third natural day after mailing.
If the delivery date is a statutory holiday, the first working day after delivery shall be the delivery date.
10.4 To enable you to receive notices and information from Tencent Cloud in a timely manner, Tencent Cloud may send them to you through multiple methods. At the same time, Tencent Cloud also provides you with subscription tools for notices and information. You can choose to use or close certain notification methods and certain types of information according to your needs. If you choose to close the receipt of certain notices and information, you cannot claim that these notices and information are not effective for you because you did not subscribe to them.
Article 11 Applicable Law and Dispute Resolution
11.1 The place of signing of this agreement is Nanshan District, Shenzhen City, Guangdong Province.
11.2 The conclusion, validity, performance, interpretation, and dispute resolution of this agreement shall be governed by the laws and regulations of mainland China (excluding conflict of laws).
11.3 Disputes arising from this agreement shall first be resolved through negotiation between the two parties; if the two parties fail to resolve the dispute through negotiation, either party may submit the dispute to the competent people's court in the place where this agreement is signed for adjudication. The non-disputed parts shall continue to be performed.
Article 12 Miscellaneous
12.1 Unless otherwise specified, all "days" in the text of this agreement and its attachments are natural days, and the settlement currency is RMB.
12.2 The drafting and interpretation of this agreement shall be based on Chinese. Unless otherwise agreed by both parties, any translation of this agreement shall not be used as the basis for interpreting this agreement or determining the intentions of the two parties.
12.3 The service rules and billing rules involved in this service are an important part of this agreement and have the same legal effect as the text of this agreement, and you shall abide by them. (End of the full text)
Tencent Cloud Computing (Beijing) Co., Ltd.
Last updated: December 25, 2024