Welcome to apply for the Alibaba Cloud Solution Services trial.
These Alibaba Cloud International Website Solution Trial Terms (hereinafter referred to as the "Terms") govern your access to and use of the trial services for solution services provided via the Alibaba Cloud International Website (URL: www.alibabacloud.com) by Alibaba Cloud (Singapore) Private Limited ("Alibaba Cloud" or "We").
IMPORTANT: By logging in and/or using the Alibaba Cloud Solution Trial Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and other applicable agreements.
If you do not agree to any of these terms and conditions, please do not use the Preview/Trial Services. Your agreement extends to the following documents (collectively, the “Terms”):
Alibaba Cloud International Website Membership Agreement
Alibaba Cloud International Website Product Terms of Service
Alibaba Cloud International Website Privacy Policy
Any other website or service rules and policies as adopted and published on the Alibaba Cloud Platform from time to time.
1. Definitions and Scope of Services
1.1 Definition of Services
"Services" refers to the solution trial services (including related computing resources, storage, software functions, etc.) displayed by Alibaba Cloud, which you may apply for and which Alibaba Cloud agrees to provide to you. The specific scope, quota, and duration of the Services shall be subject to the rules published on the Alibaba Cloud website and the information confirmed at the time of your application.
1.2 License Grant
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to use the Services solely for the purpose of evaluating, testing, and verifying whether the Alibaba Cloud solution Services meet your business requirements. Except as expressly authorized herein, you acquire no other rights or ownership interests.
2. Fees
2.1 Free Trial
You understand and agree that Alibaba Cloud provides the Services to you free of charge within the applied trial quota and duration. You are not required to pay any fees to Alibaba Cloud for the trial of the Services. However, if you incur resource consumption exceeding the free quota during the trial (if any), or use paid features not included in this trial program, you shall pay the corresponding fees in accordance with Alibaba Cloud's prevailing pricing standards.
3. Account and Security
3.1 Creation of Trial
Account Upon your provision of true, accurate, and complete identity information as required, Alibaba Cloud will create a dedicated trial account ("Trial Account") for you using Resource Access Management (RAM) capabilities.
3.2 Account Ownership and Permissions
The Trial Account belongs to you; however, you may only log in and operate using the assigned RAM user. You have no right to directly log in to or operate the associated RAM Alibaba Cloud account. Upon conclusion of the trial (including expiration, voluntary termination, or termination due to violation), the Trial Account and all RAM users thereunder shall be immediately deactivated and deleted.
3.3 Security Responsibilities
You are solely responsible for the integrity and confidentiality of the data stored on the Alibaba Cloud Platform and the credentials/passwords used to access and manage various products and services. Any losses, claims, damages, or consequences arising from loss, leakage, or misappropriation of such data, credentials, or passwords due to your improper maintenance, poor custody, or inadequate security measures shall be borne entirely by you. Alibaba Cloud shall not bear any liability thereof.
4. Trial Standards and Prohibited Conduct
4.1 Scope Limitations
You shall use the Services only within the approved trial quota and duration.
4.2 Operating Guidelines
You shall carefully read and comply with the service descriptions, technical specifications, usage processes, operation manuals, etc., displayed on the Alibaba Cloud website (collectively, the "Operating Guidelines"). You shall bear all consequences arising from your violation of such Operating Guidelines. Alibaba Cloud shall not bear any liability.
4.3 Principles of Prudent Operation
During the trial, you undertake to strictly adhere to the following principles:
(a) Operate within the trial environment in accordance with the Operating Guidelines.
(b) Do not browse, publish, store, transmit, or forward any content within the trial environment that is illegal, harmful, fraudulent, infringing on others' rights, or against public order or good morals.
(c) It is strictly prohibited to use trial resources for any production environment, commercial purposes, cryptocurrency mining, attacking other systems, or any purpose other than evaluation and testing.
(d) It is strictly prohibited to upload or store any sensitive personal information, trade secrets, state secrets, or other legally protected confidential information in trial resources and environments.
(e) It is strictly prohibited to conduct any illegal or non-compliant operations, including but not limited to writing, running, or disseminating programs that may interfere with or damage the trial environment, Alibaba Cloud infrastructure, or other users (e.g., viruses, trojans, DDoS attack tools, etc.).
4.4 Data Backup Responsibility
Given the nature of trial services, Alibaba Cloud does not guarantee data persistence. You are solely responsible for backing up your data. Alibaba Cloud shall not be liable for any loss, corruption, or irrecoverability of data during the trial period.
4.5 Data Legality
You shall be fully responsible for the legality of the source and content of your user business data. Alibaba Cloud reminds you to carefully judge the legality of data sources and content. If any consequences (including but not limited to administrative penalties, litigation, compensation) arise because your user business data violates laws, regulations, policies, or infringes third-party rights, you shall independently bear all legal liabilities and indemnify Alibaba Cloud against any claims.
4.6 Monitoring and Auditing
You acknowledge and authorize Alibaba Cloud to configure resource permissions before the trial starts, and to read metadata, operation logs, and traffic information of trial resources after the trial starts, for the purpose of monitoring trial status, ensuring platform security, and preventing abuse. Such monitoring does not constitute substantive access to your data content unless necessary for security investigations or legal compliance.
4.7 Right to Suspend and Terminate
Without prejudice to applicable laws, Alibaba Cloud may suspend or terminate your access to or use of any Solution Trial Services at any time for any reason (including but not limited to system maintenance, security reasons, your breach of these Terms, resource adjustments, etc.). Alibaba Cloud may, at its sole discretion, cease providing any or all Solution Trial Services at any time without prior notice to the extent permitted by law.
5. Processing of User Business Data
5.1 Data Ownership
Data processed, stored, uploaded, downloaded, distributed, or otherwise handled by you through the Solution Trial Services (if any) constitutes your "User Business Data." You retain full ownership of your User Business Data. Except for executing your instructions and for the purposes of this Agreement, Alibaba Cloud shall not use or disclose such data.
5.2 Data Deletion and Irreversibility
Upon the occurrence of any of the following: (i) expiration of the trial period; (ii) your voluntary termination of the trial; (iii) zero balance of trial points; or (iv) early termination of the trial, Alibaba Cloud will deactivate the Trial Account and permanently delete all business data under such account (including all caches, snapshots, or backup copies).
5.3 No Obligation to Retain
Once User Business Data is deleted, it cannot be recovered. You expressly understand and agree that Alibaba Cloud has no obligation to continue retaining, exporting, migrating, or returning any User Business Data. You shall bear all consequences and liabilities arising from the deletion of such data.
5.4 Legal Disclosure
Regarding User Business Data, except for executing your service requests, Alibaba Cloud shall not make any unauthorized use or disclosure. However, if relevant authorities (including courts, arbitration institutions, administrative regulatory bodies, etc.) legally inquire, inspect, or request User Business Data, Alibaba Cloud has the right and obligation to cooperate and disclose necessary information to such authorities in accordance with relevant laws, regulations, or policy documents. In such cases, Alibaba Cloud is not required to notify you in advance (unless prohibited by law).
6. Intellectual Property Rights
6.1 Ownership of Rights
All intellectual property rights in any materials, technology, technical support, software, services, etc., provided by one party to the other under these Terms shall belong to the providing party or its lawful rights holders. Except with the express consent of the providing party or lawful rights holder, the other party has no right to reproduce, disseminate, transfer, license, or make available to others such intellectual achievements.
6.2 Non-Infringement Warranty
(a) You warrant that the materials submitted to Alibaba Cloud, your use of Alibaba Cloud Services, and the results generated thereof do not infringe any legitimate rights and interests of any third party (including intellectual property rights, privacy rights, etc.).
(b) Alibaba Cloud warrants that the standard services provided to you do not infringe any legitimate rights and interests of any third party.
6.3 Handling of Infringement Claims
If a third party raises doubts, complaints, or litigation regarding the ownership of intellectual property rights involved in the materials or results of your use of Alibaba Cloud Services, or regarding the intellectual property rights of the Alibaba Cloud Services you use:
(a) Both you and Alibaba Cloud shall be responsible for providing relevant intellectual property proof materials and cooperating with the handling of such complaints.
(b) If Alibaba Cloud suffers any claims, litigation, fines, or losses due to your breach of these Terms, you shall be responsible for resolving the same, bearing all costs (including reasonable legal fees) and losses, and holding Alibaba Cloud, its affiliates, directors, and employees harmless.
7. Confidentiality
7.1 Definition of Confidential Information
"Confidential Information" refers to trade secrets (including financial secrets), technical secrets, know-how, and/or other information and materials that should be kept confidential (including product materials, plans, prices, strategies, customer information, data, R&D, software, hardware, API interfaces, technical descriptions, designs, formulas, algorithms, etc.) obtained, learned, or generated by one party ("Receiving Party") from the other party ("Disclosing Party") in connection with the performance of these Terms. This applies regardless of the form or medium of such information, and regardless of whether the Disclosing Party marked it as "Confidential" at the time of disclosure.
7.2 Confidentiality Obligations
Both parties shall take reasonable and appropriate measures (with a degree of care no less than that used to protect their own similar confidential information) to safely keep the Confidential Information provided by the other party. Both parties shall use the Confidential Information solely for the purpose of performing these Terms.
7.3 Limitation on Access
Both parties warrant that Confidential Information shall only be disclosed to those directors, employees, or consultants within their respective organizations who have a strict need to know, and shall ensure that such persons abide by confidentiality obligations no less stringent than those herein.
7.4 Exceptions
The confidentiality obligations herein shall not apply to information that:
(a) Was already in the public domain at the time of receipt by the Receiving Party, or subsequently enters the public domain through no fault of the Receiving Party;
(b) Was lawfully possessed by the Receiving Party prior to receipt from the Disclosing Party without any obligation of confidentiality;
(c) Is lawfully received by the Receiving Party from a third party without any obligation of confidentiality;
(d) Is independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information;
(e) Must be disclosed pursuant to mandatory requirements of Singapore law, court orders, government agencies, or regulatory bodies (provided that, to the extent permitted by law, the Receiving Party shall notify the Disclosing Party in advance to allow them to seek a protective order).
7.5 Remedies for Breach
Upon discovery of a leak of Confidential Information, both parties shall immediately notify the other and cooperate to take all reasonable measures to mitigate damages. If a breach by one party causes leakage of Confidential Information resulting in losses to the other party, the breaching party shall compensate the other party for the direct economic losses suffered thereby.
8. Disclaimer of Warranties and Limitation of Liability
8.1 Service Disclaimer and Inapplicability of SLA
You expressly understand and agree that the Solution Trial Services provided by Alibaba Cloud are offered on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, Alibaba Cloud makes no warranties, representations, or guarantees, whether express or implied, regarding the availability, reliability, continuity, accuracy, security, error-free nature, or freedom from viruses of such Trial Services.
Specifically, you acknowledge and agree that:
(i) Inapplicability of SLA: Any existing Service Level Agreements (SLAs) for Product Service Quality on the Alibaba Cloud International Website shall be strictly inapplicable to these Trial Services. In the event of any interruption, latency, data loss, or other performance issues concerning the Trial Services, you shall have no right to claim any form of compensation, service credits, refunds, or other remedies from Alibaba Cloud under any SLA terms.
(ii) No Business Assurance: The Trial Services are intended solely for evaluation and testing purposes and are strictly prohibited for use in production environments. Alibaba Cloud shall not be liable for any business decisions, deployments, or any direct or indirect losses arising therefrom based on the results of the trial.
(iii) Assumption of Risk: You assume all risks associated with your use of the Trial Services.
9. Notices and Service
9.1 Contact Information
You shall provide true, valid, and up-to-date contact information (including email address, phone number, mailing address, etc.) to Alibaba Cloud when using the Services. You are obligated to update such information promptly upon any change. Your member account (including sub-accounts) receiving site messages and system notifications shall also be deemed a valid contact method.
9.2 Effectiveness of Notices
Alibaba Cloud will serve various notices to you via one or more of the aforementioned contact methods.Such notices may involve significant changes to your rights and obligations. You shall pay timely attention. If notices fail to reach you or are delayed due to inaccurate contact information provided by you, failure to update timely, or your own reasons, you shall bear all resulting legal consequences.
10. Force Majeure
10.1 Definition and Exemption
"Force Majeure" refers to objective events that are unforeseeable, unavoidable, and insurmountable, including but not limited to natural disasters (e.g., floods, earthquakes, epidemics), social events (e.g., war, riots, strikes), governmental actions, telecommunications backbone interruptions, cyber-attacks, network congestion, power failures, or third-party service failures.
10.2 Exemption from Liability
Unless otherwise mandatorily provided by relevant laws, if these Terms cannot be performed, are delayed, or become meaningless due to Force Majeure or other accidental events, the party suffering from Force Majeure shall not bear liability for breach of contract, but shall notify the other party in a timely manner and take reasonable measures to mitigate losses when conditions permit.
11. Export Control and Compliance
11.1 Compliance Commitment
You undertake to use the Services in compliance with the export control and economic sanction laws and regulations of the People's Republic of China, Singapore, and other applicable jurisdictions.
11.2 Prohibited Uses
You undertake not to directly or indirectly provide Alibaba Cloud Services to sanctioned countries/regions, entities, or individuals (including but not limited to those on the sanction lists of the UN, US, EU, Singapore, and China), nor to use them for any prohibited purposes (such as the development of weapons of mass destruction, etc.).
12. Amendments and Assignment
12.1 Amendments to the Agreement
Alibaba Cloud reserves the right to adjust the content of this Agreement based on business development or changes in laws and regulations. Alibaba Cloud will notify you of the updated Agreement content via website announcements, site messages, emails, etc., 15 days in advance. If you continue to use the Services after the new Agreement takes effect, it shall be deemed that you agree to and accept the updated Agreement. If you do not agree, you shall immediately cease using the Services.
12.2 Assignment of Rights and Obligations
Alibaba Cloud reserves the right to assign all or part of its rights and obligations under these Terms to an affiliate of Alibaba Cloud upon prior notice. You shall not assign any rights or obligations under these Terms to any third party without Alibaba Cloud's prior written consent.
12.3 No Waiver
Failure by Alibaba Cloud to enforce any right under these Terms upon your negligence or breach shall not be deemed a waiver of its rights regarding other or subsequent similar negligence or breaches.
12.4 Severability
If any provision of these Terms is held to be void, invalid, or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
12.5 Survival
The provisions regarding confidentiality, intellectual property, disclaimers, limitation of liability, governing law, and dispute resolution herein shall survive the termination or expiration of these Terms.
13. Governing Law and Dispute Resolution
13.1 Governing Law
The Terms shall be governed by the laws of the Republic of Singapore and construed in accordance therewith, without regard to its conflict of law provisions.
13.2 Dispute Resolution
The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Singapore. Any dispute, controversy, or claim arising out of or in connection with these Terms shall be settled by the competent courts of Singapore.