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Terms of Service

User Agreement

Welcome to the AutoMQ Cloud service.

This AutoMQ Cloud Service End User Agreement ("this Agreement") is a legal agreement between you ("the User") and AutoMQ CO., Hangzhou ("the Service Provider") regarding your use of the AutoMQ Cloud services ("the Service") offered by the Service Provider.

I. Effectuation of the Agreement

  1. Effective upon User Confirmation: This Agreement is available online, provided by the Service Provider. When purchasing the Service, you must read this Agreement carefully and keep it in a checked state to proceed to the next step of the purchase process. Once confirmed by the User, this Agreement becomes legally binding and enforceable against both the Service Provider and the User.

  2. Effective upon Use: You may activate the Service via public cloud marketplaces or other methods. The Service Provider will provide an online version of this Agreement for your review at the relevant stages. By using the Service in any of the aforementioned ways, you agree to all the terms of this Agreement. If you do not accept the terms of this Agreement, please do not use the Service.

II. Definitions

  1. AutoMQ Cloud service refers to the deployment of AutoMQ Cloud software using images provided by the Service Provider and the provision of technical support services including troubleshooting, upgrade reassignment, and more.

III. Licensing Terms (Note: Service providers may modify or delete provisions at their discretion)

  1. This service is governed by copyright laws, international copyright treaties, and other applicable intellectual property rights laws, regulations, and treaties. This software product/service is licensed for use to authorized users, not sold.

  2. All ownership and intellectual property rights in the software/service’s source code, object code, and technical documentation (including but not limited to patent rights and their applications, trademark rights and their applications, copyright, proprietary technology ownership, and usage rights) are retained by the service provider ("AutoMQ CO., Hangzhou").

  3. Under the terms of this agreement, the service provider grants the user a non-exclusive, non-transferable license to use this service. The user is prohibited from reselling or otherwise transferring this license for commercial profit.

IV. Fees:

  1. The user must pay all fees according to the established pricing structure of the service. The service provider reserves the right to suspend services and/or technical support, or to terminate services and/or technical support, should the user fail to comply with the payment terms.

  2. Should the user decide to renew the service and the service’s name, specifications, or pricing have changed, the user agrees to adhere to the updated service name, specifications, and pricing; if the user does not agree with the updates, they may opt out of renewal, and the service will terminate automatically upon expiration.

V. User Rights and Obligations

  1. Users must ensure that all their activities within this service adhere to national laws and regulations, are lawful and genuine, and do not violate any third party's legal rights.

  2. Users are required to pay the fees for this service promptly and in full; failure to do so may result in the service provider terminating the user's access to this service at any time, with the user being fully responsible for any resulting damages.

  3. Users agree not to engage in reverse engineering, decompiling, or disassembling this service, except as expressly permitted by law.

  4. Users are required to maintain the confidentiality of the service provider's business secrets, including but not limited to intellectual property, pricing strategies, information technology, market strategies, and other related business information, and must not disclose them to any third party.

  5. Users acknowledge and accept that due to current technological limitations, the services provided may contain defects and cannot guarantee uninterrupted operation or meet the user's expectations under all circumstances.

Six, Rights and obligations of the service provider

  1. The service provider assures that it has the legal authority to grant the user the license to use this service and ensures the legality of its copyrights.

  2. The service provider commits to providing this service in a manner that does not infringe on any third party's legal rights, including but not limited to intellectual property rights. Should the service provider's actions result in legal proceedings or administrative actions against the user by a third party, the service provider will assume all legal responsibilities and consequences.

  3. The service provider is tasked with conducting timely upgrades, maintenance, and management of the service, while also providing users with free consultation and technical support through customer service hotlines and online support.

  4. The service provider ensures the stability and continuity of the services provided to the user. Should the need arise to terminate the service license prematurely due to actions of the service provider, they are obligated to carry out the appropriate refund duties (if applicable) to the user. Furthermore, in any instance of loss caused to the user by such actions, the service provider is fully liable for compensation.

  5. The service provider guarantees that the services offered to the user are free from:

(1) Any virus, Trojan horse, computer worm, time bomb, or any other computer program designed to intentionally destroy, maliciously interfere with, secretly intercept, or usurp any system, data, or personal information;

(2) Any known vulnerabilities, backdoors, or malicious software;

(3) Other potentially insecure content that could compromise the user's system security.

6. Limitation of Liability: To the fullest extent permitted by applicable law, the service provider shall not be liable for any indirect, incidental, direct, special, punitive, or consequential damages arising from or related to the use or the inability to use the service (including but not limited to damages for personal injury or property damage, loss of profits, data loss, business interruption, computer failure or malfunction, loss of business information, damages resulting from failure to perform any duty including acts of honesty or reasonable care resulting in privacy leaks, damages due to negligence, or any other monetary or other losses), even if the service was previously advised of the possibility of such damages.

  1. Use and Disclosure of User Data

  2. Service providers may use user data to deliver services, which includes, but is not limited to, sending updates about products and services to users.

  3. User data will not be disclosed without user consent, except in the following scenarios:

(1) With user consent, data may be shared with third parties;

(2) Data may be disclosed to third parties or administrative and judicial authorities as required by law or governmental directives;

(3) If a user violates applicable Chinese laws and regulations, sharing data with third parties may be necessary;

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

VIII. Duration and Termination

  1. The service duration is based on the actual period from when the user submits an order and completes the purchase.

  2. The service provider reserves the right to terminate services without any liability under the following conditions:

(1) The service purchased by the user has expired and has not been renewed;

(2) The user has substantially breached the terms of this agreement and has failed to remedy the situation after receiving notice from the service provider.

IX. Agreement Modification

  1. Should any part of this agreement change, the service provider will notify the user in an appropriate manner.

  2. If the user objects to any modifications made to the terms of this agreement by the service provider, they have the right to discontinue using the service. In such instances, the service provider should refund any remaining fees (if applicable) and provide the user with a reasonable period to back up, download, save, reassign, and complete other necessary tasks before terminating the service. Continued use of the service after modifications are made indicates the user's acceptance of the revised terms.

X. Law and Dispute Resolution

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

  2. In the event of a dispute arising from the signing, implementation, or interpretation of this agreement, both parties shall endeavor to resolve it through amicable negotiations. Should negotiations fail, either party may file a lawsuit in the People's Court of the defendant's location.

XI. Supplementary Provisions

  1. Should any provision of this agreement be deemed invalid or unenforceable, such provision may be severed, while the remaining parts shall continue to be legally effective.

  2. The headings of this agreement are set for convenience only and do not define, limit, interpret, or describe the scope or boundaries of any terms.

  3. The service provider may transfer all its rights and obligations under this agreement to a third party without prior consent from the user, provided that the user is notified 30 working days in advance. The assignee of the service provider is bound by this agreement, and both the service provider and its assignee are jointly and severally liable for the performance of this agreement.