Version effective date: September 23, 2020
Before agreeing to this agreement, you should read this agreement carefully. Please be sure to read carefully and fully understand the contents of each clause, especially the clauses on exemption or limitation of liability, applicable laws and dispute resolution clauses, you should focus on reading.
When you read and click to agree to this agreement or otherwise choose to accept this agreement, it means that you have fully read, understood and accepted the entire content of this agreement, and have reached an agreement with DCloud. This agreement is established from the date you click to confirm or otherwise choose to accept this agreement through the web page, and will have legal effect between you and DCloud. In the process of reading this agreement, if you do not agree with this agreement or any of its terms, please do not activate and use uniCloud products and services.
uniCloud 是 DCloud 为开发者提供的基于js进行云端开发和云资源调用的平台。
uniCloud的主体是 serverless 的服务空间，由DCloud联合阿里云、腾讯云等云厂商（以下简称云厂商）提供。包括云数据库、云函数、云存储、前端网页托管等功能模块。
1.2 DCloud is a neutral technical service provider, providing you with various technical products and services according to the contract; any products, services and related content of your website, application, software, platform, etc., are operated by you and you are fully responsible.
1.3 Both parties guarantee that they have obtained legal business qualifications or government approvals in accordance with relevant national regulations, and have the right 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 relevant national regulations during the validity period of this agreement.
1.4 When you use the Alibaba Cloud service of uniCloud, you also need to abide by the Alibaba Cloud service agreement: [https://help.aliyun.com/document_detail/118037.htm](https://help.aliyun.com/document_detail /118037.htm)
1.3 Both parties guarantee that they have obtained legal business qualifications or government approvals in accordance with relevant national regulations, and have the right to operate their products and services in accordance with the law. The two parties further guarantee that during the validity period of this agreement, they will continue to maintain the business qualifications or approval procedures required by relevant national regulations.
2.1 You shall have the necessary and appropriate rights and capacity in accordance with the law, complete the registration and obtain a DCloud service account (hereinafter referred to as "account") in accordance with DCloud's requirements.
2.2 In order to protect the security and independence of your account and avoid adverse consequences such as unclear account attribution, you should use your email address and mobile phone number to register or log in. Otherwise, you may not be able to log in and use DCloud normally. Serve.
2.3 You should fill in and submit true, legal and valid information (collectively referred to as "customer information") in accordance with the DCloud service process, including but not limited to name, contact person, email address, contact number, contact address, business registration certificate, etc.; If the data changes, you should notify DCloud in writing in time or update it yourself according to DCloud's rules.
2.4 The validity of this agreement applies to all accounts under your name. The account number will be used as the identification basis for your use of DCloud services, and you should take necessary and effective confidentiality and security protection measures for user name, password and other information (including but not limited to: keeping access rights, setting high-strength passwords, and regular replacement measures, etc. ), otherwise, the resulting consequences shall be borne by you. In addition, you should be responsible for the actions under your account, and all actions under your account are deemed to be your implementation, and you should be responsible for all legal consequences.
2.5 You need to establish and improve the internal management system by yourself to standardize the use and management of your account. In order to protect your rights and interests, the account should only be used by you. If you authorize your employees or others to manage the account based on your own business needs and other reasons, you must do a good job of authority control, and complete the handover in a timely manner when there are personnel changes. and account security protection (such as changing passwords, changing login methods, setting account protection, etc.).
2.6 In order to protect the security of your account and business, you should conduct real-name authentication in accordance with relevant national regulations and DCloud processes and systems. You agree to authorize DCloud to verify the relevant information or materials you submit through a legally authorized third party.
2.7 According to national legal requirements and cloud vendor policy requirements, real-name authentication is required to use uniCloud. Real-name authentication is the basis for judging account ownership and responsibility. In the event of disputes over account ownership, DCloud has the right to determine that the account belongs to the real-name authentication subject; for accounts with disputed ownership, DCloud has the right to temporarily hold the account Freeze. You must be cautious when performing authentication, pay enough attention and ensure that the authentication subject is consistent with the account user, and avoid authenticating the account used by the enterprise under the personal name, or authenticating the account used by myself under the name of others, etc. Improper authentication behavior.
2.8 若您发现有他人盗用您的账号及密码、或任何其他未经您合法授权的情形时，您应立即以有效方式通知DCloud并提供必要资料（如客户资料、情况说明、证明材料及诉求等，以便DCloud核实身份及事件）。DCloud收到您的有效通知并核实身份后，会依据法律法规及服务规则进行处理。DCloud依据本条进行处理产生的相关责任和后果由您承担。 若您提供的资料存在瑕疵，导致DCloud无法核实您的身份或无法判断您的需求等，而导致DCloud未能及时处理，给您带来的损失，应由您自行承担。同时，您理解，DCloud对您的请求进行处理需要合理期限，对于DCloud采取措施前您已经产生的损失以及采取措施后因不可归责于DCloud的原因导致的损失，DCloud不承担任何责任。
3.3 Monthly and annual package: After you pay for a monthly or annual package, you can use related services. Different plans correspond to different resource availability. If your usage exceeds the plan limit, the service will no longer be available due to arrears. You can change the plan.
3.4 Pay-as-you-go: After you pay the deposit and the recharge balance, you can use uniCloud first, and you will be billed according to the actual usage, and the fee will be deducted from the recharge balance. When the balance is insufficient, the service is no longer available due to arrears. The daily DCloud background will provide the resource consumption bill of the previous day, and the monthly bill of the previous month will be issued at the beginning of each month.
3.5 After you purchase a monthly or annual package, or after you generate a pay-as-you-go monthly bill, you can apply for billing in the DCloud background, and DCloud will issue an invoice based on the bill amount. The deposit and balance you pay are not invoiced, but a receipt can be issued if you need it.
3.6 When you use Pay-As-You-Go, a deposit is required for each Pay-As-You-Go service space. a) The deposit is used as a guarantee for arrears. That is, after the daily resource consumption bill is issued, the deduction to your balance fails, and the balance is insufficient to pay the bill of the day, and arrears will occur. b) The uniCloud service space for which you are in arrears will be terminated immediately, regardless of whether the deposit amount is greater than the amount in arrears. If you incur losses as a result, you agree to be solely responsible. c) DCloud assumes joint and several payment responsibility to the cloud vendor after the payment for the pay-as-you-go service space occurs. If you do not pay the arrears, DCloud will use the deposit you paid to pay the arrears of the cloud vendor and will not refund the deposit. d) After using the deposit to pay the arrears, your service space is still unavailable. You will need to refill the deposit and top-up balance to restore the service space. e) There is a recovery period with a certain time buffer after the arrears occur. During the recovery period, you can take the initiative to make up the balance and deposit, and the service space can be resumed. Once the recovery period is exceeded, the cloud vendor will directly clear the arrears of service space, and the related data and code can no longer be restored. For the specific length of the redemption period, please refer to the service agreement of the cloud manufacturer, and the cloud manufacturer has the right to adjust the length of the redemption period and update it in its new version of the service agreement. f) If you delay the payment, you need to bear additional liquidated damages, and the liquidated damages will be paid at 5/1000 of the arrears amount per day. g) If you frequently have arrears, DCloud has the right to refuse to provide you with services.
3.7 After you terminate the use of the pay-as-you-go service, you can apply for a refund of the deposit and balance. If there are other expenses such as taxes, mobile payment channel fees, etc., it will be deducted from the refund amount.
3.8 The balances of different cloud vendors are not common, and the deposits of different service spaces of the same cloud vendor are not common, and each pay-as-you-go service space requires a separate deposit.
3.9. When you use pay-as-you-go, please be sure to pay attention to the balance. In the event of arrears:
3.10. If DCloud holds promotions or price adjustments, it will not provide price protection. After the new promotion policy or price takes effect, your new bill will be implemented according to the new policy, and the old bill will remain unchanged.
4.1 Alibaba Cloud
Alibaba Cloud provides a Service Level Agreement, see [https://terms.alicdn.com/legal-agreement/terms/ali_cloud_sla/ali_cloud_sla202206071919_23707.html](https://terms.alicdn.com/legal-agreement/terms/ali_cloud_sla /ali_cloud_sla202206071919_23707.html).
If you purchased uniCloud's Alibaba Cloud service space, and Alibaba Cloud fails to meet the service standards it promised, you can claim for compensation.
After DCloud receives the email, it will be responsible for coordinating Alibaba Cloud's compensation for you. See the above service level agreement for compensation standards and related regulations.
4.2 Tencent Cloud
Tencent Cloud provides a service level agreement, see https://cloud.tencent.com/document/product/876/35075.
If you purchased uniCloud's Tencent Cloud service space, and Tencent Cloud fails to meet the service standards it promised, you can claim for compensation.
DCloud will be responsible for coordinating Tencent Cloud's compensation for you. See the above service level agreement for compensation standards and related regulations.
5.17 In any case, the total amount of compensation liability (whether based on contract, tort or any other liability theory) borne by DCloud to you based on this Agreement and related orders and DCloud services shall not exceed the payment for the cloud service space caused to you The accumulated profits obtained by DCloud in the transaction; if the service period of the corresponding cloud service space that caused your loss exceeds 12 months, DCloud's maximum liability shall not exceed the paid transaction of the cloud service space that caused your loss in the 12 months before the damage occurred. The total profit obtained by DCloud. At the same time, if it is caused by the cloud vendor, DCloud will coordinate the cloud vendor to compensate you.
6.1 You have the right to use DCloud services and obtain DCloud's technical support and after-sales service in accordance with this agreement.
6.4 You are responsible for the integrity and confidentiality of the data you store on uniCloud and the passwords and passwords for entering and managing various products and services on the DCloud platform. You shall be responsible for the losses and consequences caused by the loss or leakage of the above-mentioned data, passwords, passwords, etc. due to your improper maintenance or improper confidentiality.
6.5 You must keep the access log records of your website in accordance with the provisions of the "Network Security Law", "Internet Information Service Management Measures" and other laws and regulations, including the information content and release time, Internet address (IP), domain name, etc. Relevant authorities shall cooperate with them when making inquiries in accordance with the law. You will bear the corresponding legal responsibilities arising from the failure to keep relevant records as required.
7.1 The trademark rights, copyrights or other intellectual property rights enjoyed by both parties are still owned by each party alone, and will not be transferred to the other party or shared by both parties due to the signing or performance of this agreement by both parties.
7.2 Either party shall respect the intellectual property rights of the other party and the third party. If any third party files a lawsuit against the other party or claims compensation for the reason that one party infringes on its intellectual property rights and other legitimate rights and interests, the responsible party shall independently handle the relevant disputes and compensate for it. direct economic loss to the other party and release the other party from liability.
8.1 The parties have provided or will provide or disclose certain confidential information for the purposes 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 the non-public information, information, data, materials, etc. held by the disclosing party related to its business, operation, technology and rights, etc., including but not limited to business planning, business materials, technology-related information, etc. knowledge and information, ideas, ideas, plans, provided items or manufacturer information, user information, personnel information, business plans, service prices and discounts, financial status, etc.
8.3 If the information learned by the receiving party from the disclosing party is marked or can be reasonably recognized as confidential information of the disclosing party, the receiving party shall keep the confidential information of the disclosing party confidential, and shall not use the information in any way without the written consent of the disclosing party. Disclosure to third parties or for purposes other than this Agreement. The recipient shall treat the disclosing party's Confidential Information with the same degree of care (and no less than a reasonable duty of care) that it treats its own Confidential Information.
8.5 If the receiving party needs to disclose the confidential information of the disclosing party in accordance with the laws and regulations or the requirements of the regulatory authorities, it shall not be regarded as a violation of this agreement, but the receiving party shall notify the disclosing party as soon as possible within the scope permitted by law, and at the same time, the receiving party shall Efforts are made to help the disclosing party effectively limit the disclosure scope of the confidential information and protect the legitimate rights and interests of the disclosing party.
8.6 The confidentiality obligations of both parties shall remain in effect during and after the validity period of this agreement, until the relevant information is no longer confidential.
8.7 In the event of leakage of confidential information, both parties shall cooperate to take all reasonable measures to avoid or mitigate the consequences of damage; if losses are caused to the disclosing party due to the breach of confidentiality obligations by the receiving party, the receiving party shall compensate the direct economic loss caused to the disclosing party. .
9.1 The place where this agreement is signed is Haidian District, Beijing.
9.2 The establishment, entry into force, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws and regulations of mainland China (excluding conflict of laws).
9.3 Disputes arising from this agreement shall be resolved through negotiation first by both parties; if the parties fail to resolve through negotiation, either party shall submit the dispute to the people's court with jurisdiction in the place where this agreement is signed for adjudication. The undisputed part between the two parties shall continue to be performed.
9.4 DCloud reserves the right to revise the terms of this agreement in due course or when necessary according to changes. You can check the relevant terms of the agreement on the latest version of the uniCloud official website. If you do not agree with the changes made by DCloud to the agreement, you have the right to stop using the service, and if you continue to use the service, it is deemed that you accept the revised agreement. (Finish)