KubeSphere Cloud Terms of Service
Effective date: October 14, 2022
These KubeSphere Cloud Terms of Service (this “Agreement”) are entered into by and between QingCloud Technologies Corp. (“we/us” or “KubeSphere”), as the owner and operator of https://kubesphere.cloud/ (the “Platform”) and the user (“you” or the “KubeSphere User”) with respect to the “KubeSphere Services” as defined below (the “Services”) provided by us to you, and shall be binding on the Parties.
Before using the Services, you shall carefully read all terms of this Agreement and the Privacy Policy,in particular, the clauses that exempt us from or limit our liabilities, or restrict your rights, and the dispute resolution and governing law clauses. We may highlight in bold or underline the clauses that exempt us from or limit our liabilities, or restrict your rights or have or might have a material effect on your interests to call your attention. If you have any question regarding this Agreement, you may consult us in such manner as provided herein.
You acknowledge that you have fully read, understand and accept all terms of this Agreement, and the agreements and rules regarding the opening or use of any particular Service. Otherwise, you have no right to use the Services. By selecting “Agree” and completing the registration as a user of the KubeSphere Platform (subject to the process set forth on the registration page), you agree to comply with and be bound by all terms of this Agreement and the relevant agreements and rules.
I. The Services and Rules of Use
- 1. The “Services” mean the services provided by us to the User through https://kubesphere.cloud/. The products and content in respect of a particular Service shall be subject to the relevant service rules, including without limitation the specific agreements, specifications and introductions, set forth on the relevant webpage of the Platform and applicable at the time of purchasing of such Service.
- 2. In order to effectively protect your legal rights and interests during your use of the Services, you understand and agree that:
We shall have the right to make such amendments to this Agreement and the relevant service rules from time to time as we deem necessary, by giving 7 days’ notice of such amendments by in-mail, email or otherwise. Any such amendment shall take effect at such time as specified in the relevant notice without your further consent. The service rules are set forth on the relevant webpage when you use the Services. In order to use the Services, you must first agree to and comply with the service rules. If you do not agree to any amendment, you shall immediately stop using the Services.
We will notify you of the progress of certain Services and remind you of the follow-up operations by in-mail, email or otherwise. However, we make no warranty as to your receipt or timely receipt of such notice or email and shall not be responsible for any consequence arising therefrom. Therefore, you shall log into the Platform and carry out the relevant operations in connection with your use of the Services in a timely manner. We shall not be liable for any dispute or loss arising from any failure of you to promptly check and modify or confirm any service status or submit the relevant application.
Before using a particular product or Service within the scope of the Services, you may be required to enter into a separate service agreement with us in respect of such product or Service. Such separate product or service agreement may be provided in electronic or paper form. You shall decide whether or not to accept such service agreement and open the relevant Service according to your own needs. If you have any objection to such service agreement, you shall not perform any follow-up operation or actually use such product or Service.
During your use of the Services, we shall have the right to charge fees on you according to the applicable service charging rules. We shall have the right to set and adjust the relevant service fees. The applicable service fees shall be set forth in the notice of charging method posted on the Platform from time to time during your use of the Services, or the separate agreement entered into between you and us in writing, if any.
In case of any violation or breach of the applicable laws and regulations and/or this Agreement on your part, we shall have the right to suspend or terminate all or part of the Services to you.
II. Account
- 1. Before using the Services, you may register a platform account provided by us to you (the “Account”) or through an email account owned by you. You agree and warrant:
You shall open a platform account hereunder using your real identity, and have the civil rights and civil capacity to enter into a binding contract with us, or comply with the provisions of Section VII (“Minor User”) (if applicable). If you use the Services on behalf of any corporation or entity, you covenant that you have been duly authorized to accept and perform this Agreement on behalf of such corporation or entity and assume liabilities in accordance with the applicable laws and regulations and this Agreement. To the extent that we have reasonably performed the duty of care, we shall have no obligation to examine the truthfulness and consequences of such authorization; provided, however, that we shall have the right to request you to provide any document or information in respect of such authorization as we deem necessary or in accordance with the requirements of the applicable laws and regulations or any competent authority.
In addition, you warrant that you are not subject to, and have not provided any direct or indirect assistance to any entity or person subject to, any trade restrictions, economic sanction or other legal or regulatory restrictions imposed by any country, region or international organization, otherwise, you shall stop using the Services of the Platform. You understand that if you violate the foregoing provision, you may be unable to register with and use the Services of the Platform.
You shall ensure that all user information provided by you upon registration with the Platform is true, accurate, complete and up to date, and we can come into contact with you using the contact information provided by you. You authorize us to examine the information and related documents provided by you. We shall have the right to refuse to provide, or suspend or terminate the Services to you if there’s any incorrect or untrue information in the documents or information provided by you.
You shall be solely responsible for all consequences arising from any wrong contact information provided by you to us, or failure of you to promptly update your contact information, or insecurity or instability of the email address used by you to receive emails from the Platform, including without limitation any increase in service fee due to failure of you to receive any notice from the Platform or other consequences or losses arising therefrom.
- 2. You shall be solely responsible for all operations and comments made by you using the Platform Account registered by you and the password to the Account. You agree that:
We will verify your instructions according to your user ID and password. All operations performed or instructions sent using your user ID and password shall be deemed to be your own operations or instructions, and be irrevocable. You shall be responsible for all consequences arising from execution by the Platform of such operations and instructions by virtue of the Services provided hereunder.
You shall properly keep and correctly and safely use your user ID and password, and solely assume all losses and liabilities arising from any divulgence of your password.
Unless otherwise provided by law or required by any judicial judgment or decision, the Platform Account registered by you, except for the property rights relating to your Platform Account, shall not be assigned or given to or inherited by any third party without our consent.
If you find any person uses your Account and password in your name, or steals or otherwise uses your Account and password without authorization, you shall immediately and effectively notify us, and request us to suspend the Services relating to your Account; provided, however, that you understand that we need a reasonable time to take actions requested by you, and we shall not be liable for any instruction already executed before taking such actions and the losses incurred by you resulting therefrom.
III. Service Support, Suspension or Termination of Services and Payment of Fees
- 1. We will provide the Services and support to you according to the products and Services selected by you, subject to your payment of the applicable service fees in full, and on the basis of the content of the relevant Services and support published on the Platform then.
- 2. The covenants regarding the products and Services selected by you are set forth on the relevant webpage of the Platform.
- 3. Before purchasing any Service, you shall carefully verify the description, price, quantity, specifications, restrictions and other important issues in respect of the product or Service purchased, and your contact address, telephone and user (end user) information. If the end user is not yourself, you shall be liable for all acts of and intentions manifested by such end user.
- 4. Suspension or termination of Services
We shall have the right to suspend the access to your Account and/or all or part of the Services to you by giving notice to you if we are aware that:
your use of the Services poses any security risk or has other adverse effect on the website, system, products or services of the Platform, or any third party, including without limitation other accounts on the Platform;
your use of the Services or use by your users of the content and services provided by you results in any violation or breach of the applicable laws and regulations and/or this Agreement on your part.
In case of suspension of the access to your Account and/or all or part of the Services to you pursuant to the first sub-paragraph of this paragraph 4 in this Section III, you still have the obligation to pay all fees due prior to and during the period of such suspension, and if part of the Services is suspended, the fees for the part of the Service you continue to use. During the period of suspension of access to your Account and/or the Services, you shall not be entitled to the rights attached to the relevant KubeSphere Services; provided, however, that we will not delete your data and resources (if any), unless otherwise provided in the applicable laws and regulations or herein, or explicitly required by any competent regulatory authority.
- 5. Payment of fees
Unless otherwise provided in the rules of the Platform applicable to certain products or Services, you shall pay all fees before using any Service on the Platform.
If the Service used by you is a product or service with fixed times of service, and you unilaterally terminate the cooperation hereunder before such fixed times of service have been used up, the fees for the unused portion of such product or service will not be refunded; provided, however, that you may continue to use such product or service until such fixed times of service have been used up, in which case, this Agreement shall terminate on the date such fixed times of service have been used up. Notwithstanding the foregoing, if any Service purchased by you is expressly required to be used within a prescribed time limit, such Service shall be deemed to have been fully performed upon expiration of such time limit, even if there are any unused times of service.
IV. Your Rights and Obligations
- 1. You shall have the right to use your user ID and password on the Platform, log in to the Platform through your Platform Account subject to this Agreement, and use the Platform Services purchased by you (as set forth on the relevant introduction pages of the Platform).
- 2. You shall pay all fees as agreed for the Services purchased by you, and have the right to request us to issue an official invoice for the service fees received from you in connection with your use of the Services.
- 3. You undertake to comply with the applicable national and local laws and regulations, trade practices and public ethics during your use of the Platform Services.
- 4. You acknowledge that in case of any violation of the foregoing provisions on your part, the Platform shall have the right to terminate the Services to you, without the liability to refund any amount to you, and hold you liable for all losses incurred by the Platform and any third party due to your violation.
- 5. You shall respect the intellectual property rights and other legal rights of us and other third parties. In case of any infringement on the legitimate rights and interests of us or any third party on your part, we reserve the right to terminate the Services to you, without the liability to refund any amount to you.
- You acknowledge and agree that if you are found by us or according to any complaint filed by any right holder in violation of the applicable laws and regulations or in breach of your obligations under this Agreement, including any other agreement or rules relating to the Platform, or at the request of any competent regulatory authority, we shall have the right to take any one or combination of the following actions as we deem necessary according to the actual circumstances and the relevant requirements: (i) to suspend all or part of the Services to you; and/or (ii) to terminate the Services to you, and even all cooperation with you. In such case, you shall assume all consequences and liabilities, and indemnify us for all losses arising therefrom, including without limitation any administrative penalty imposed by any administrative authority on us.
V. Our Rights and Obligations
- 1. We shall provide you with the products or Services according to the Services selected and the fees paid by you.
- 2. We shall be responsible for the operation and maintenance of the Services provided by it. You shall ensure the adaptability, security and stability of your network and equipment, and if you are unable to use all or part of the Services hereunder or the KubeSphere Services are adversely affected due to any reason attributable to your network and equipment, you shall assume all liabilities and indemnify us for all losses arising therefrom, without prejudice to other remedies available to us elsewhere in this Agreement or under the applicable laws and regulations.
- 3. We shall maintain or upgrade our Platform, Services and products from time to time as we deem necessary, by posting a website notice. You shall cooperate with us in such maintenance or upgrading in accordance with such notice, and if you fail to do so, shall be solely responsible for all adverse consequences arising therefrom.
- 4. We undertake to keep your information confidential and not to disclose your information to any third party or authorize any third party to use your information, except:
as required by the applicable laws and regulations;
as required by any administrative, judicial or other authority;
with your consent; or
for purpose of settling any complaint or bringing any action.
We will not access your business data as a result of your use of the Services in principle. If we access your business data in any special circumstance, for example, in connection with the fulfillment of a work order, we shall perform the obligation of confidentiality in accordance with the foregoing provisions.
- 5. Upon payment by you of the fees as agreed for the Services purchased by you in full, we shall issue an official invoice for the service fees received from you in connection with your use of the Services according to the billing information provided by you.
- 6. We reserve the right to suspend the access to your Account and suspend or terminate the Services to you if you violate the applicable national and local laws and regulations or breach this Agreement, including other agreements and rules relating to the Platform, and shall in no event be liable for any indirect, incidental, special or consequential damages.
VI. Protection of Personal Information
We attach great importance to the protection of personal information of the Platform Users, and shall collect, use and protect such personal information in accordance with the applicable laws and regulations. The provisions regarding the protection of your personal information are set forth in the Privacy Policy. You acknowledge and agree that, by accepting this Agreement or the Privacy Policy or using the Services, you agree that we shall collect, use and disclose your personal information in accordance with this Agreement and the Privacy Policy.
VII. Minor User
- 1. Due to the characteristics of the Services, a minor below 18 years old shall not become a User of the Services in principle.
- 2. If you are a minor below 18 years old and become a User of the Services pursuant to the applicable laws, you shall explicitly notify us of your status before or when you register an account on the Platform or use the Services, and read and accept this Agreement under the supervision and guidance of your parent or other guardians before using the Services.
VIII. Limitation of Liability
- 1. We shall only assume our liabilities to the extent provided herein.
- 2. Your Platform user information is provided by yourself. We make no warranty as to the accuracy, timeliness and completeness of such information.
- 3. You agree that we shall not be liable for any loss caused by any service operation performed on your authority, other than to the extent resulting from the gross negligence or fault on our part.
- 4. We shall not be liable for any loss incurred by any third party, including without limitation your end user, who accepts any of our products or Services indirectly through you.
- 5. We make not warranty as to the intellectual property rights and quality of any software not owned by us, and shall not be liable for any loss incurred by you directly or indirectly due to such software.
- 6. To the extent permitted by law, we shall not be liable for any indirect, punitive, special or consequential damages, including loss of business, loss of income, lost profits or loss of other economic interest, arising out of or in connection with this Agreement in any manner, whether due to any breach of this Agreement (including any warranty) or tort.
- 7. Our aggregate liability hereunder shall in no event exceed the total service fee received from you for the current year.
- 8. You understand and agree that the products or Services on the Platform are provided on the basis of the technologies and conditions available currently. We do not warrant that the products or Services provided by it are free of defect. Therefore, if there’s any defect in the products or Services provided by us, to the extent that such defect is unavoidable with the current technological level of the industry, we shall not be deemed to be in default. You agree to consult with us to seek solutions to such problems.
IX. Protection of Trademarks and Intellectual Property Rights
- 1. In consideration of and during your use of the Services, all intellectual property rights in or to the software and technical documents relating to the products and Services provided by us to you, other than the software and technical documents relating to any third-party product or service, shall be vested in us. You shall only be granted a non-exclusive and non-sublicensable general license to use such software and technical documents for the purpose of using the Services hereunder subject to the applicable laws and regulations, which general license shall automatically terminate upon termination of the Services for any reason, except as otherwise provided in the licensing agreement in respect of such software. It should be specially noted that the software provided on the Platform for free downloading is for your personal use only, and shall not be used by you in any business activity without our written consent.
It is acknowledged that in consideration of and during your use of the Services, to the extent there’s any third-party software contained in the system software or application provided by us and we have obtained a legal license from the supplier of such third-party software, we shall grant to you a non-exclusive and non-sublicensable general license to use such software for purpose of this Agreement, which general license shall automatically terminate upon termination of the Services for any reason.
Unless otherwise provided herein, the intellectual property rights and ownership in or to such software and technical documents shall be vested in us or the relevant third-party suppliers. You shall not delete, modify or conceal any copyright, trademark or other proprietary right notice contained in any software provided by us and/or any third party.
- 2. You warrant that, in using any software downloaded from the Platform, you shall have the legal right to own and use or been authorized to manage the hardware and/or the related software and applications on which such software operates, and the software and hardware environment in which you use such software does not prohibit or restrict the use of such software pursuant to the applicable laws, contract or technical requirements. If you violate the foregoing provisions, we shall have the right to terminate all or part of the Services to you pursuant to the provisions of this paragraph 2 in this Section or set forth elsewhere in this Agreement, and hold you liable for all losses of us and/or any third party arising therefrom.
- 3. It is acknowledged that all trade names, trademarks, brands and other logos of any Party shall remain the proprietary properties of such Party, and nothing contained herein shall constitute a general license granted by such Party to the other Party to use such trade names, trademarks, brands and other logos. Unless otherwise provided herein, without the written consent of the owner, neither Party may display or use, or permit any third party to display or use, any trade name, trademark, brand or other logos of the other Party.
- 4. Notwithstanding the foregoing provisions regarding intellectual property rights, we hereby specifically represent that all intellectual property rights, including without limitation trademarks, patents, copyright and trade secrets (including without limitation the discounts and other non-public information provided by us to you), in or to the content of the Platform (except the products and services provided by any third party, if any), including without limitation works, pictures, files, information, data, website architectures, website layout and webpage designs, shall be vested in us, and without our written consent, no person may use, modify, copy, disseminate, alter, spread, distribute or publish any content of the Platform.
- 5. The provisions of this Section IX shall remain effective as between the Parties after the termination of this Agreement.
X. Entire Agreement
- 1. This Agreement includes the terms hereof and the service agreements relating to the Services and any rules regarding your use of the Services that are in force currently or may be updated or published on the Platform from time to time. In case of any conflict or discrepancy among such agreements and rules, the provisions of the document most recently published shall prevail. In case of any conflict or discrepancy between the provisions of such agreements or rules and this Agreement, the provisions of this Agreement shall prevail, unless we expressly state in such rules that such rules shall prevail.
- 2. Your understanding and acceptance of this Agreement shall constitute your understanding and acceptance of the content of all parts of this Agreement. When you use the Services, we and you shall be bound by all parts of this Agreement.
- 3. If any part of this Agreement is held invalid or unenforceable in whole or in part for any reason, the validity of the other parts of this Agreement shall in no way be affected.
XI. Governing Law and Jurisdiction
- 1. This Agreement shall take effect when you select “Agree” on the Platform (subject to the process set forth on the registration page), and remain in force throughout the period of cooperation between the Parties. Unless otherwise provided herein or agreed by the Parties in writing, this Agreement shall continue in effect during your use of the Services.
- 2. The validity, interpretation, amendment, enforcement and dispute resolution in respect of this Agreement shall be governed by the laws of the People’s Republic of China (for the avoidance of doubt, excluding the Hong Kong Special Administrative Region, the Macau Special Administrative Region and Taiwan, China). Any dispute arising out of this Agreement shall be settled by the Parties through consultation in the first instance. In case no settlement can be reached, either Party may submit such dispute to the Chaoyang District People’s Court of Beijing for settlement by litigation.
XII. Contact Information
- If you have any questions, advice or suggestion with respect to this Agreement or the Services, please contact us by:
- Submitting a work order on the Platform;
- Sending a letter to the KubeSphere Team: 25/F, Huiya Building, Yard 16, Lize Road, Fengtai District, Beijing;
- Clicking "Chat Now" in the lower right corner of the KubeSphere Cloud homepage to contact customer service.
- We will review your question, advice or suggestion and give a reply to you as soon as possible!