TanCloud Subscription Agreement

Updated on: February 17, 2022

Welcome to sign this 《TanCloud product service agreement》 (hereinafter referred to as "this Agreement") with MianYang TanCloud Technology Co., Ltd. (hereinafter referred to as "tancloud") and use tancloud services!

The keywords listed in front of the terms in the agreement are only for the purpose of helping you understand the main purpose of the terms, and do not affect or limit the meaning or interpretation of the terms of this agreement. In order to protect your own rights and interests, it is recommended that you carefully read the specific statements of each clause.

【Careful reading】 You should carefully read this agreement before agreeing to it. Please be sure to carefully read and fully understand the contents of each clause, especially the clauses of exemption or limitation of liability, application of law and dispute resolution. These clauses will be underlined in bold, and you should focus on reading. If you have any questions about the agreement, you can consult customer service and relevant business departments.

【Signing action】 When you read and click to agree to this agreement or choose to accept this agreement in other ways, it means that you have fully read, understood and accepted all the contents of this Agreement and reached an agreement with TanCloud. This Agreement shall be established from the date when you click confirm on the web page or choose to accept this agreement in other ways. In the process of reading this agreement, if you do not agree with this agreement or any of its terms, please do not sign.

TanCloud Subscription Agreement

1. Signing body and scope of agreement This service agreement is a service agreement signed between you and MianYang TanCloud Technology Co., Ltd. for your use of TanCloud services.

2. Service content "Service" in this clause refers to: TanCloud service. The services displayed on tancloud.cn website and client (hereinafter individually or collectively referred to as "TanCloud") that you have applied for and that TanCloud agrees to provide to you.

3. Service fee 3.1. The service fee will be listed and publicized on your order page. You can choose the specific service type by yourself and pay at the listed price. Tancloud is only available for pre paid services.

3.2. Pay in advance：

3.2.1. After you pay, TanCloud starts to provide services for you. If you do not pay immediately after placing an order, the order will expire. After the order expires, the agreement between TanCloud and you on the service will expire.

3.2.2. If both parties are willing to continue cooperation after the expiration of the service, you should pay the renewal payment at least 7 days before the expiration of the service, so that the service can continue.

3.3. Tancloud reserves the right not to provide services and / or technical support to you, or to terminate services and / or technical support until you have paid all the fees as agreed. At the same time, tancloud reserves the right to require you to bear 5 / 10000 of the liquidated damages and investigate other legal liabilities for your arrears.

3.4. You fully understand that all complimentary service items or preferential activities in the TanCloud price system are one-time special discounts beyond the normal service price of TanCloud, and the complimentary service items or preferential activities cannot be discounted or offset the service price.

4. Your rights and obligations 4.1. After successfully subscribing to the service, you have the right to require TanCloud to provide services to you in accordance with this service agreement and the service description, technical specifications and other contents displayed on the relevant pages of the TanCloud website.

4.2. After you order the services of TanCloud, you can enjoy free after-sales service. In addition, TanCloud also provides other paid technical services.

4.3. You should pay the corresponding service fees according to the tips on the website of tancloud and the provisions of this service agreement.

4.4. The use of TanCloud services shall comply with the service use rules of TanCloud and this service agreement.

4.5. You are responsible for the integrity and confidentiality of your data stored on the tancloud cloud platform and passwords for entering and managing various products and services on the tancloud cloud platform. The losses and consequences caused by the loss or disclosure of the above data and passwords etc. due to your improper maintenance or confidentiality shall be borne by you.

4.6. You must keep the access log records of your website in accordance with the provisions of 《Network security law》, 《Measures for the administration of Internet information services》 and other laws and regulations, including the published information content and its publishing time, Internet address (IP), domain name, etc., which should be provided by the relevant state organs when inquiring according to law. You will bear the corresponding legal liabilities caused by failing to keep relevant records as required.

4.7. For the safety of data, you should be responsible for the backup of your data. Tancloud products or services may configure data backup functions or tools for you, and you are responsible for the operation to complete the backup.

4.8. You should be responsible for the source and content of your user business data. TanCloud reminds you to carefully judge the legitimacy of the data source and content. You will bear the corresponding results and responsibilities caused by your user's business data content violating laws and regulations, department rules or national policies.

4.9. You understand and agree that the state secrets of the people's Republic of China are protected by law, and you have the obligation to keep the state secrets of the people's Republic of China; Your use of TanCloud service should comply with the requirements of relevant confidentiality laws and regulations, and should not endanger the security of state secrets of the people's Republic of China.

4.10. You should also carefully read and abide by the corresponding service instructions, technical specifications, use processes, operation documents and other contents displayed by TanCloud on the website page (hereinafter referred to as "operation guidelines") and operate in accordance with the relevant operation guidelines. You will bear the consequences of violating the relevant operating instructions; At the same time, TanCloud solemnly reminds you to grasp the risks and operate cautiously.

5. Rights and obligations of TanCloud 5.1. TanCloud shall provide services as agreed.

5.2. During the service period, TanCloud will provide you with the following after-sales services:

5.2.1. TanCloud will provide 7×24 enterprise WeChat service group and online work order consulting service to answer your questions in use.

5.2.2. TanCloud will provide you with fault support services, and you should declare faults through online work orders; TanCloud will timely provide support for the faults caused by your non-human operation, except for your human reasons and / or force majeure, as well as other matters beyond the control of TanCloud.

5.3. You can also get other paid after-sales services through TanCloud. For details, see the charged after-sales services on the relevant pages of the TanCloud website.

5.4. TanCloud is only responsible for the operation and maintenance of the software provided by TanCloud, and you are responsible for the parts outside the TanCloud software (such as your identity source, data source, and application).

5.5. You know that TanCloud cannot guarantee that the services it provides are flawless (for example, TanCloud security products cannot guarantee the absolute safety of your hardware or software), but TanCloud promises to continuously improve the service quality and service level. So you agree: even if there are defects in the services provided by TanCloud, the above defects cannot be avoided by the technical level of the industry at that time, and it will not be regarded as a breach of contract by TanCloud. You agree to work with TanCloud to solve the above defects.

5.6. Some services of TanCloud may have the function of account authorization management, that is, you can authorize all or part of your operation rights to the service to one or more authorized accounts you specify. In this case, all operations conducted under any authorized account will be regarded as your actions conducted through your own account, and you will bear the corresponding responsibilities and the resulting service fees.

5.7. You understand and acknowledge that TanCloud will provide you with security protocols based on certain services (such as LDAP, SAML, oidc) and relevant functions and services for management and monitoring (such as "User Overview"). Although TanCloud has tested these services in detail, it cannot guarantee that they are fully compatible with all software and hardware systems, nor can it guarantee the complete accuracy of its software and services. In case of incompatibility and software errors, you should immediately turn off or stop using relevant functions, and contact TanCloud in time for technical support.

5.8. You should understand and agree that during the free use of the service or the free service quota, such as the public test and invited test of the service, although TanCloud will provide support for the availability and reliability of the service, it will not make any commitment to the availability and reliability of any service, and TanCloud will not bear any responsibility for the work or results of your use or inability to use the TanCloud service. TanCloud reserves the possibility of charging for such free services in the future. Before charging the service fee, TanCloud will inform you otherwise.

6. User business data 6.1. TanCloud understands and acknowledges that the data you process, store, upload, download, distribute and process through other means through the services provided by TanCloud are your user business data, and you fully own your user business data.

6.2. In terms of user business data, apart from implementing your service requirements, TanCloud will not make any unauthorized use and disclosure. Except for the following circumstances:

6.2.1. When relevant state authorities inquire user business data according to law, TanCloud has the obligation to provide cooperation in accordance with relevant laws, regulations or policy documents, and disclose it to third parties or administrative, judicial and other institutions.

6.2.2. You and TanCloud agree otherwise.

6.3. You can delete and change your user business data by yourself. If you release the service or delete data, tancloud will delete your data and will no longer retain such data according to your instructions. You should be cautious about data deletion, change and other operations.

6.4. When the service period expires, the service is terminated in advance (including the early termination agreed by both parties, the early termination caused by other reasons, etc.) or you owe money, unless expressly stipulated by laws and regulations, required by the competent department or otherwise agreed by both parties, Tancloud will only continue to store your user business data (if any) within a certain buffer period (subject to the time limit specified in the exclusive terms, product documents, service descriptions, etc. applicable to the service you ordered). When the buffer period expires, TanCloud will delete all user business data, including all cached or backup copies, and will no longer retain any user business data.

6.5. Once the user business data is deleted, it cannot be recovered; You should bear the consequences and responsibilities caused by the deletion of data. You understand and agree that TanCloud has no obligation to continue to retain, export or return user business data.

6.6. Tancloud abides by its security commitment to users and protects users' data stored in the TanCloud data center in accordance with applicable laws.

7. Intellectual property right 7.1. The intellectual property rights of any information, technology or technical support, software, services, etc. provided by one party to the other party under this agreement belong to the providing party or its legal obligee.Unless expressly agreed by the provider or legal obligee, the other party has no right to copy, disseminate, transfer, license or provide others to use the above knowledge achievements, otherwise it shall bear corresponding responsibilities.

7.2. You should ensure that the materials submitted to TanCloud, the use of TanCloud services and the results produced by the use of TanCloud services do not infringe the legitimate rights and interests of any third party. Tancloud shall ensure that the services provided to you do not infringe the legitimate rights and interests of any third party.

7.3. If a third-party institution or individual questions or complains about the ownership of the intellectual property rights of the relevant materials involved in your use of TanCloud services, or questions or complains about the ownership of the intellectual property rights of the TanCloud services you use, you and TanCloud are both responsible for issuing relevant intellectual property certification materials and cooperating with each other in the handling of relevant complaints. For the claims, lawsuits or possible lawsuits caused thereby, the breaching party shall be responsible for solving them, bearing the costs and losses, and exempting the other party from liability.

8. Confidentiality clause 8.1. The confidential information mentioned in these terms of service refers to the trade secrets (including financial secrets), technical secrets, and Business know-how and / or other confidential information and materials (including product information, product plan, price, financial and marketing planning, business strategy, customer information, customer data, research and development, software, hardware, API application data interface, technical description, design, special formula, special algorithm, etc.), regardless of the form or carrier of the above information and materials, regardless of whether the disclosing party uses oral Image or written means show that it is confidential.

8.2. Both parties shall take appropriate measures to properly preserve the confidential information provided by the other party, and the degree of prudence of the measures shall not be less than that of protecting their own confidential information. Both parties can only use the confidential information for relevant purposes or purposes under this agreement.

8.3. Both parties guarantee that the confidential information can only be known within the scope of the principals and employees of each party engaged in this business, and strictly restrict the employees who have access to the above confidential information from observing the confidentiality obligations of this article.

8.4. The above restrictions in this article do not apply to the following situations：

8.4.1. On or before the signing of this agreement, the confidential information has been legally owned by the recipient;

8.4.2. When the confidential information is notified to the recipient, it has been made public or can be obtained from the public domain;

8.4.3. Confidential information is obtained by the receiving party from a third party with which it has no confidentiality or non disclosure obligations;

8.4.4. On the premise of not violating the responsibilities agreed in this agreement, the confidential information has been made public or can be obtained from the public domain;

8.4.5. The confidential information is independently developed by the receiving party or its affiliates or subsidiaries, and does not benefit from the information obtained by the notifying party or its affiliates or subsidiaries;

8.4.6. The receiving party discloses confidential information at the request of the court or other legal and administrative departments (through oral questions, inquiries, requests for information or documents, subpoenas, civil or criminal investigations or other procedures);

8.4.7. In order to apply for a business qualification, obtain a recognition, or comply with national and industrial standards / certifications from administrative departments, industry associations and other institutions, the receiving party needs to submit materials or explain the information to the above-mentioned institutions in combination with the situation of the other party. In such cases, the receiving party shall adhere to the principle and requirements of minimum disclosure when necessary. Therefore, the institutions that receive confidential information shall keep it confidential at a standard not lower than this agreement.

8.5. Both you and TanCloud should do their best to protect the above confidential information from disclosure. Once the disclosure of the above confidential information is found, both parties shall cooperate to take all reasonable measures to avoid or mitigate the consequences of damage. If losses are caused to the other party, the direct economic losses caused to the other party shall be compensated.

9. Opening, termination and change of services 9.1. Pre paid services：

9.1.1. After you pay for the service, you can open it. After you open it, you can use the service after you get the key and password of logging in and using the service sent by tancloud. The service period starts from the time of opening (not from the time you get the key and password of logging in and using the service);

9.1.2. For services sold in the form of fixed term such as monthly subscription, the service period is until the expiration of the subscription period; For services sold in the form of resource packs (or package packs), the service period is until the service period of the resource pack you ordered expires or the services in the resource pack are used up (whichever occurs earlier);

9.1.3. You should use up the number of services in the resource pack within the service period. If the service period of the resource pack expires, the services you have ordered but not used up will be invalidated, and TanCloud will not provide other substitutes or supplements.

9.1.4. Your use of the service will give priority to the consumption of the subscribed resource package. Unless otherwise agreed by law and both parties, if the services in the resource package are used up or the service term expires, and you continue to use the service without continuing to subscribe to the resource package service, TanCloud will be deemed to use the service (if any) sold by TanCloud in the form of future payment, and TanCloud will continue to charge and deduct the service fee according to the charging results.

9.2. In case of any of the following circumstances, the service period shall be terminated in advance:

9.2.1. Both parties agree to terminate in advance;

9.2.2. If you seriously violate this Agreement (including, you seriously violate relevant laws and regulations, or you seriously violate any commitment under this agreement, etc.), TanCloud has the right to terminate the service in advance until all your data is cleared；

9.2.3. You understand and fully recognize that although tancloud has established (and will continue to improve according to the development of Technology) necessary technical measures to defend against matters or behaviors endangering network security, including computer viruses, network intrusion and attack damage (including DDoS) (hereinafter collectively referred to as these behaviors), in view of the limitations, relativity and unpredictability of network security technology, Therefore, if your website encounters such behavior, which brings harm to TanCloud or other networks or servers of TanCloud (including local, foreign and international networks, servers, etc.), or affects the smooth connection between TanCloud and the Internet, or between TanCloud and specific networks, servers and inside TanCloud, TanCloud may decide to suspend or terminate the service. If the service is terminated, the service fee will be calculated according to the actual service month (less than one month will be calculated by day), and the remaining amount (if any) will be refunded.

9.2.4. TanCloud may terminate this service agreement by notifying you on the TanCloud website 30 days in advance or by notifying you on the website or in writing; At that time, TanCloud should return the money you have prepaid but not consumed to your TanCloud account.

9.3. You understand and acknowledge that for the purpose of technology upgrading, service system upgrading, or due to business strategy adjustment or in line with major changes in national technology, regulations and policies, TanCloud does not guarantee the permanent provision of a certain service, and has the right to change the form, specification or other aspects of the service provided (such as the price and billing mode of the service). Before terminating this service or making such changes, TanCloud will try its best and make an announcement on the website in advance One or more ways such as in station letter, email or SMS to give advance notice.

10. Liability for breach of contract 10.1. If you violate any of the commitments, warranty terms, service use rules or obligations in this agreement, or TanCloud believes that your use behavior is abnormal according to its judgment, TanCloud has the right to take one or more of the following measures unilaterally according to its independent judgment: (1) restrict and suspend the use of services; (2) Terminate the provision of services and terminate this Agreement; (3) Investigate your legal responsibility; (4) Other treatment measures deemed appropriate by TanCloud. You will bear the user losses caused by the suspension and termination of services taken by TanCloud in accordance with the foregoing agreement.

10.2. If you violate relevant laws and regulations or the provisions of this Agreement and relevant rules, causing TanCloud to suffer any losses, claims from other users or any third party, or penalties from any administrative department, you shall make full compensation for the actual losses of TanCloud, other users or relevant third parties, including reasonable attorney fees.

10.3. You understand and agree that in view of the particularity of computers and the Internet, the following situations do not belong to the breach of TanCloud：

10.3.1. When configuring, maintaining and upgrading the system and server, TanCloud needs to interrupt the service for a short time;

10.3.2. The access speed of your website is reduced due to the blocking of access on the Internet.

10.4. If you can't use the service normally for 72 hours because of TanCloud, you can terminate the service, except for the reasons not under the control of TanCloud.

10.5. Under no circumstances will TanCloud be liable for any indirect, consequential, punitive, accidental or special damages, including the loss of profits you suffer from using TanCloud services (even if you have been informed of the possibility of such losses).

10.6. To the extent permitted by law, tancloud's liability for damages under this Agreement shall not exceed the total service fees paid in the past 12 months for this service.

11. Force majeure 11.1. If the performance of these terms of service is impossible, unnecessary or meaningless due to force majeure or other accidents, the party suffering from force majeure or accidents shall not be liable.

11.2. Force majeure and accidents refer to unforeseeable, insurmountable, unavoidable and objective events that have a significant impact on one or both parties, including natural disasters such as floods, earthquakes, epidemics, etc., as well as social events such as war, unrest, government behavior, interruption of telecommunications trunk lines, hackers, network congestion, technological adjustment of telecommunications departments, government regulation, etc.

12. Application of law and dispute resolution 12.1. The conclusion, effectiveness, interpretation, amendment, supplement, termination, implementation and dispute resolution of this Agreement shall be governed by the mainland laws of the people's Republic of China.

12.2. Any dispute arising from your use of TanCloud service and related to tancloud service shall be settled by TanCloud through negotiation with you. If the negotiation fails, either party may bring a lawsuit to Beijing Haidian District People's court.

13. Supplementary articles 13.1. The annexes to this agreement, as well as the service description and price description of TanCloud on the relevant pages of the TanCloud website and the order page you confirmed and agreed (including the special terms of the product, service description, operation documents, etc.) are an integral part of this agreement. In case of any inconsistency, the order of (1) service description, price description, other order pages, (2) special terms and annexes, and (3) general terms and conditions of this Agreement shall apply.

13.2. In case of any change in the content of this agreement, TanCloud shall prompt you for modified contents through an announcement on the appropriate page of the TanCloud website 30 days in advance. If you continue to use the TanCloud service, you will be deemed to have accepted the relevant modifications made by TanCloud.

13.3. TanCloud has the right to transfer all or part of the rights and obligations of this agreement to its affiliates through advance notice.

13.4. TanCloud's waiver of rights under this agreement in case of your negligence or breach of contract shall not be deemed as a waiver of your other or similar negligence or breach of contract in the future.

13.5. Any provision of this agreement is deemed to be repealed, invalid or unenforceable, which shall be deemed to be separable and shall not affect the validity and enforceability of the remaining provisions of this agreement.

13.6. The guarantee clauses, confidentiality clauses, intellectual property clauses, applicable laws and dispute resolution clauses under this Agreement shall not become invalid due to the termination of this agreement.