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Terms of Service

User Agreement

Welcome to AutoMQ Cloud services.

This AutoMQ Cloud Service End User Agreement ("this Agreement") is a legally binding agreement between You ("User") and AutoMQ HK Limited ("Service Provider"), regarding the Service Provider's provision of AutoMQ Cloud services ("the Service").

I. Effectiveness of the Agreement

  1. User Confirmation: This Agreement is provided online by the Service Provider. Users should carefully read this Agreement before purchasing the Service and must keep the Agreement checked to proceed to the next purchase step. Once the User confirms this Agreement, it becomes legally binding and enforceable against both the Service Provider and the User.

  2. User Activation: Users can activate the Service through Public Cloud marketplace products or other means. The Service Provider will provide an online version of this Agreement for the User's review at the relevant stage. Once the User uses the Service in any of the aforementioned ways, the User agrees to all terms of this Agreement. If the User does not accept the terms of this Agreement, please do not use the Service.

II. Definitions

  1. AutoMQ Cloud services refer to using the Service Provider's image to install AutoMQ Cloud software and provide technical support services, including fault response, upgrades, and reassignments.

License Agreement (Note: The service provider may add or remove relevant clauses)

  1. This service is protected by copyright law, international copyright treaties, and other relevant intellectual property laws, regulations, and treaties. This software product/service is licensed for use by authorized users and is not sold.

  2. The ownership and all intellectual property rights (including but not limited to patent rights and their applications, trademark rights and their applications, copyrights, proprietary technology ownership, and usage rights, etc.) related to the source code, object code, and technical documentation of the software/service under this agreement belong to the service provider (AutoMQ HK Limited).

  3. According to the terms of this agreement, the service provider grants the user a non-exclusive, non-transferable license to use this service. Users may not resell or otherwise transfer this license right for commercial gain.

Fees:

  1. Users must pay all fees in accordance with the service's pricing structure to use this service. The service provider reserves the right not to provide services and/or technical support to users who have not paid all fees as agreed, or to terminate services and/or technical support.

  2. If the user renews the service and the name, specifications, or price of the service have been adjusted, the user agrees to comply with the new service name, specifications, or price effective at the time. If the user does not agree to the new service name, specifications, or price, they may choose not to renew, and the service will automatically terminate upon expiration.

Rights and Obligations of the User

  1. The user guarantees that all actions taken in utilizing this service comply with national laws and regulations, are legal and truthful, and do not infringe on the legal rights of any third party.

  2. The user shall pay the fees for this service in full and on time; otherwise, the service provider reserves the right to terminate the user's access to this service at any time. The user shall bear full responsibility for any damages that may arise from the service provider's termination of the service.

  3. The user guarantees that, except as explicitly permitted by law, they shall not reverse engineer, decompile, or disassemble this service.

  4. The user is obligated to keep the service provider's trade secrets confidential, including but not limited to intellectual property, pricing, information technology, market strategies, and other related commercial secrets, and shall not disclose them to any third party.

  5. The user understands and agrees that, due to the limitations of existing technology, the services provided by the service provider may have defects and cannot guarantee normal execution or the achievement of the user's expected results under all circumstances.

Section VI: Rights and Obligations of the Service Provider

  1. The service provider guarantees that it has the legal right to grant the user a license to use this service and ensures the legality of its copyright.

  2. The service provider commits that its provision of this service to the user does not infringe on any third party's legal rights, including but not limited to third-party intellectual property rights. If its actions result in any legal proceedings or administrative procedures initiated by a third party against the user, the service provider shall bear the legal responsibility and consequences.

  3. The provider is responsible for timely upgrading, maintaining, and managing this service. They will offer free consultation and technical support services to users via phone support and online customer service.

  4. The provider commits to ensuring the stability and continuity of the services provided to users. If the provider's actions lead to an early termination of the user's service license, the provider must fulfill the corresponding refund obligations to the user (if any). If such actions result in losses for the user, the provider shall be fully liable for compensation.

  5. The provider commits that the services provided to users shall not contain:

(1) Any viruses, trojan horses, worms, time bombs, or other computer programs that are intended to damage, maliciously interfere with, secretly intercept or expropriate any system, data, or personal information;

(2) Any known vulnerabilities, backdoors, malware;

(3) Other unsafe content that may harm the security of the user's system.

6. Limitation of Liability: To the maximum extent permitted by applicable law, the provider shall not be liable for any indirect, incidental, direct, special, punitive, or other damages (including but not limited to damages for personal injury or property damage, loss of profits, data loss, business interruption, computer crash or malfunction, loss of business information, damages for privacy disclosure due to failure to perform any duty including good faith or reasonable care, damages for negligence, or any financial losses or any other damages) arising out of or in connection with the use or inability to use the service, even if the provider has been advised of the possibility of such damages.

Seven, Use and Disclosure of User Data

  1. To serve users better, the service provider may use user data to offer services, including but not limited to sending users information about products and services.

  2. Without user permission, the service provider will not disclose user data without authorization. However, user data may be partially or fully disclosed in the following situations:

(1) With user consent, disclosed to third parties;

(2) Disclosed to third parties or administrative or judicial institutions as required by relevant laws, or by administrative or judicial institutions;

(3) Disclosed to third parties if the user violates relevant Chinese laws and regulations;

(4) Sharing user data with third parties as necessary to provide the software or services requested by the user.

Section 8: Term and Termination

  1. The term of the service shall be based on the actual term when the user submits the order and completes the purchase.

  2. The service provider reserves the right to terminate the provision of this service without any liability under any of the following circumstances:

(1) The user's purchased service has expired and has not been renewed;

(2) The user has seriously violated the terms of this agreement and has not corrected such violations after being notified by the service provider.

Nine, Agreement Modification

  1. If any content of this agreement changes, the service provider should inform the user of the modified content through appropriate means.

  2. If the user does not agree with the modifications to the relevant terms of this agreement made by the service provider, the user has the right to stop using this service. In such cases, the service provider should refund the remaining fees (if any) to the user and provide a reasonable period before terminating the service for the user to back up, download, save, reassign data, and perform other necessary tasks. If the user continues to use this service, it will be deemed that the user has accepted the modifications to the relevant terms of this agreement made by the service provider.

Ten, Legal and Dispute Resolution

  1. The formation, execution, interpretation, and resolution of disputes regarding this agreement shall be governed by the laws of the People's Republic of China.

  2. In the event of any dispute arising from the execution, performance, or interpretation of this Agreement, both parties shall strive to resolve the matter amicably through friendly consultation. If the consultation fails, either party may file a lawsuit with the People's Court at the location of the defendant.

Eleven, Miscellaneous Provisions

  1. If any term of this Agreement is deemed invalid or unenforceable, such term may be severed, and the remaining parts shall continue to be in full force and effect.

  2. The titles of this Agreement are provided for convenience of reading only and shall not define, limit, interpret, or describe the scope or boundaries of the terms.

  3. The service provider may, based on its own operational conditions and upon giving the user a prior notice of [30] working days, transfer all its rights and obligations under this Agreement to a third party without obtaining the user's prior consent. The assignee of the service provider shall be bound by this Agreement, and the service provider and its assignee shall be jointly and severally liable for the performance of this Agreement.