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add cloud terms & policy #992

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80 changes: 80 additions & 0 deletions docs-2.0/nebula-cloud/7.terms-and-conditions.md
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# Terms of Service

These terms and conditions ("Agreement") sets forth the general terms and conditions of your use of the https://cloud.nebula-cloud.io website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and vesoft inc. ("vesoft inc.", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and vesoft inc., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

## Accounts

You give Nebula Graph Cloud permission to use your Azure account as your Nebula Graph Cloud account and get your account information so that Nebula Graph Cloud can contact you regarding this product and related products. You understand that the rights to use Nebula Graph Cloud come from vesoft instead of Microsoft, vesoft is the provider of this product. Use of Nebula Graph Cloud is governed by provider's terms of service, service-level agreement, and privacy policy.

## Billing and payments

Microsoft collects payments from you for your commercial marketplace purchases. You may pay the fees for the Nebula Graph Cloud services according to your chosen solutions. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.

## Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

## Data and content protection

vesoft understands and recognizes that all the data processed, stored, uploaded, downloaded, distributed, or processed through services provided by Nebula Graph Cloud is your data or content, and you fully own your data and content.
Except for the implementation of your service requirements, no unauthorized use or disclosure of your data or content will be made except in the following circumstances:

a.vesoft may disclose the data or content in any legal proceeding or to a governmental body as required by Law;

b.an agreement made between you and vesoft.

**You can delete or edit your data or content yourself. If you have deleted the service or data, vesoft will delete your data and will no longer retain such data in accordance with your instructions. You should operate carefully with regard to operations such as deletion or modification.**

**You understand and agree: when your subscription is in the Suspended state, Microsoft gives the customer a 30-day grace period before automatically canceling the subscription. After the 30-day grace period is over, the webhook will receive an Unsubscribe action. After vesoft receives a cancellation webhook call, vesoft will only continue to store your data and content (if any) within 7 days. After 7 days, vesoft will delete all your data and content, including all cached or backup copies, and will no longer retain any of them.**

**Once the data or content is deleted, it cannot be restored; you shall take responsibilities caused by the data being deleted. You understand and agree that vesoft has no obligation to continue to retain, export or return your data or content.**

## Links to other resources

Although the Website and Services may link to other resources (such as websites), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. You acknowledge that vesoft inc. is providing these links to you only as a convenience. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

## Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

## Intellectual property rights

"Intellectual Property Rights" means all present and future rights conferred by law or statute in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by vesoft inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with vesoft inc. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of vesoft inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of vesoft inc. or third party trademarks.

## Disclaimer of warranty

You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

## Limitation of liability

To the fullest extent permitted by applicable law, in no event will vesoft inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

## Indemnification

You agree to indemnify and hold vesoft inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

## Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

## Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of China without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of China. You further consent to the territorial jurisdiction of and exclusive venue in Internet Court of Hangzhou as the legal forum for any such dispute. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

## Assignment

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

## Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

## Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

## Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to legal@vesoft.com

This document was last updated on December 14, 2021
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