Terms of Service

LeanCloud Terms of Service

This User Agreement for LeanCloud (Hong Kong) Limited Services (this “Agreement”) is entered into by and between the entity to use LeanCloud Services (the “User”); This Agreement is effective as of the date Customer clicks to accept the Agreement (the “Effective Date”).

The User and LeanCloud may be individually referred to as a “Party” or collectively referred to as the “Parties”.

WHEREAS, LeanCloud and/or its affiliates operates website located at https://leancloud.cn/ (the “LeanCloud Website”) through which LeanCloud and/or its affiliates provide backend cloud services for developers (“LeanCloud Services”). WHEREAS, the User intends to procure from LeanCloud certain LeanCloud Services and LeanCloud intends to provide the User such LeanCloud Services.

NOW, THEREFORE, in consideration of the mutual agreements, covenants and other promises set forth herein, the mutual benefits to be gained by the performance thereof, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and accepted, the Parties hereby agree as follows:

  1. General
    1. The User confirms that, by using LeanCloud Services, it has read, fully understood, agreed and accepted this Agreement and other terms and policies (“Terms and Policies”) published on the LeanCloud Website. By entering into this Agreement and registering as a user for LeanCloud Services, the User agrees to be bound by this agreement and the Terms and Policies.
    2. The User agrees that, LeanCloud has the right to, at its sole discretion and at any time, change the Terms and Policies by pushing notification or announcement on LeanCloud Website without separate notice to the User, provided that, the User’s access to LeanCloud Services shall not be affected. If the User continues to use LeanCloud Services after LeanCloud announces any changes, the User will be deemed to have read, fully understood, agreed and accepted such changes, and shall be bound by the changed Terms and Polices. In case the User doesn’t agree with the changes to the Terms and Policies, it should immediately terminate this Agreement by sending a written notice to LeanCloud, otherwise it will be deemed to have read, fully understood, agreed and accepted such changes, and shall be bound by the changed Terms and Polices.
    3. The User covenants that, it will use LeanCloud Services only for legitimate, reasonable and good purposes, and will not use LeanCloud Services to conduct any illegal, harmful or malicious behavior.
    4. This Agreement is applicable to all transactions conducted, negotiated or occurred between the Parties during the term of this Agreement, including all transactions agreed upon but not yet commenced by the Parties during the term of this Agreement.
  2. Account
    1. Registration
      1. Register as a good standing person. The User covenants that, it will provide valid information for registration. The User represents and warrants that, it is duly incorporated and validly existing under the laws of the jurisdiction where it’s incorporated, and has full power and authority (including full capacity for both civil rights and civil conduct) to enter into and perform this Agreement, apply for registration and use the LeanCloud Services. If the User is not in good standing or capable of obtaining LeanCloud Services, the User and its sponsor shall be jointly responsible for any consequences caused by the User’s status, and LeanCloud shall have the right to cancel the User’s account and delete all data and files uploaded by the User and be indemnified by the User and its sponsor jointly for all direct and indirect losses suffered by LeanCloud.
      2. Registration and Account
        1. The User understands and agrees that, by completing the registration process and being notified of successful registration, it has acquired the username and password for LeanCloud Services.
        2. The User may register to apply for a free trial. The purpose of the free trial is to offer the User a chance to experience LeanCloud Services contemplated under this Agreement without cost within a period of time to gain the User’s recognition, which might lead to long-term cooperation between the Parties.
        3. Authorization to use account information. By registering, the User hereby approves and authorizes LeanCloud to disclose its account information to LeanCloud employees and affiliates for purpose of providing LeanCloud Services.
        4. The User confirms that, the individual/corporate it fills in on the registration webpage is the actual user of LeanCloud Services. If the actual user changes but the User continues to use the original username and password, it should timely and properly notify LeanCloud and complete the alteration procedures.
      3. Information
        1. When registering, the User should, in compliance with the applicable laws, timely and accurately provide and update user information required by LeanCloud according to notification appeared on each webpage, and make sure that such user information is always true, up to date, complete and accurate. In the event LeanCloud has reasonable proof that any user information provided by the User is wrong, untrue, out of date or incomplete, the User should, as required by LeanCloud, explain the reason and/or rectify such flawed information as soon as possible. If the User fails to respond to or act on LeanCloud’s notice within a reasonable time, LeanCloud shall have the right to terminate in whole or in part LeanCloud Services. LeanCloud is not responsible for any consequences result from such flawed information, and the User is solely responsible for all such consequences, including all direct and indirect losses suffered therefrom.
        2. The User should fill in accurately and update in time its contact information including email address, telephone number, contact address and postcode so that LeanCloud is able to contact the User whenever necessary. The User should be solely responsible for any and all losses and/or additional fees result from failure by LeanCloud to contact the User via the abovementioned contact information. The User understands and agrees that, it is responsible for the effectiveness of the contact information provided by it, and should perform as required by this Agreement or on LeanCloud Website in case it needs to update such contact information.
      4. Account Security
        1. 2.1.4.1 The User is solely responsible for keeping its username and password secure, and is responsible for and should be bound by all activities (including but not limited to disclosure or publication of information, submitting or agreeing on rules or agreements by clicking on the “submit” or “agree” button on the webpage, renewing contracts or purchasing LenCloud Services online) conducted via its username and password. The User agrees that, (a) it should immediately notify LeanCloud of any unauthorized use of its username and password or any other situation that violates confidential rules set forth herein, and it irrevocably authorizes LeanCloud to take necessary measures to mitigate the situation, (b) it should properly log out and leave LeanCloud Website each time it finishes using LeanCloud Services. LeanCloud shall not be responsible for any losses or damages resulted from its failure to comply with provisions set forth herein. The User understands that LeanCloud shall be given reasonable time to take action and shall not be responsible for the consequences (including any losses suffered by the User) before such actions are properly taken. Unless required by applicable laws or judicial decisions and subject to prior written approval of LeanCloud, the User shall not transfer, give, pledge or otherwise dispose the username and/or password, except for the property rights and interests in relation to the account.
        2. Each Party shall bare the losses from any third party’s unauthorized use of the username and password according to its fault and shall be entitled to right of recovery against such third party after assuming any responsibility. LeanCloud shall use commercially reasonable effort to ensure the security and secrecy of the User’s account but could not make absolute promises.
      5. Account Cancellation
        1. LeanCloud shall be entitled the right to suspend or terminate LeanCloud Services and delete all data and files uploaded by the User if the User violates any applicable laws in the jurisdiction where it sells products or provides services or breaches any provisions of this Agreement.
        2. Cancellation
          1. The User irrevocably agrees and authorize LeanCloud to disclose any of its activities on the LeanCloud Website that involve fraud, advertising or selling counterfeit goods, violating any third party rights or otherwise materially breaching any rules of the LeanCloud Website, and to cancel permanently the User’s account which will lead to failure to log in ever since, and all LeanCloud Services shall terminate accordingly (in which case LeanCloud shall no longer be responsible to restore any data or files uploaded by the User).
          2. LeanCloud shall be entitled the right to suspend or terminate LeanCloud Services and delete all data and files uploaded by the User if the User fails to make full payment for three months.
          3. Violation of any clauses set forth in this Agreement and Terms and Policies may also lead to account cancellation.
  3. Rights and Obligations of the User
    1. According to its choices and payment status, the User is entitled to the Internet technology and information service provided by LeanCloud, and is also entitled technical support or consulting service provided by LeanCloud, which might or might not incur fees and expenses. Content and rates of chargeable items are set forth on the LeanCloud Website.
    2. The User covenants that it will by no means (using technology or otherwise) destroy or disturb the LeanCloud Website or any of LeanCloud’s client’s website.
    3. The User should respect the intellectual property rights of LeanCloud and any other third party. LeanCloud shall be entitled the right to terminate LeanCloud Services and delete all data and files uploaded by the User if the User violates any legitimate rights and interests of LeanCloud, in which case no payment already made by the User is refundable.
    4. The User should be solely responsible for any consequences and losses resulted from inaccuracy of its contact information or security/stability problem of its email system, including but not limited to not receiving notices in time which might in turn leads to further consequences and losses.
    5. LeanCloud is entitled to charge service fees for any LeanCloud Services the User orders or uses. LeanCloud shall have the right to, at its sole discretion, decide and adjust fee rate of each chargeable item of LeanCloud Service. At least thirty days before carrying out any adjusted fee rate, LeanCloud shall notify the User of the standard and content of such adjustment by publishing notice on LeanCloud Website or sending emails to the User. The User should decide whether to continue using LeanCloud Services after receiving such notice. If the User chooses to terminate LeanCloud Services by written notice to LeanCloud, LeanCloud shall refund the User of any unconsumed prepayment, otherwise the User are deemed to have agreed with the adjusted fee rate.
    6. The User should properly follow the real-time status of LeanCloud Services, of which LeanCloud will notify the User by email (or telephone call or message sent to the User’s telephone number), together with operation the User needs to conduct. The User should from time to time log in LeanCloud Website to check with LeanCloud Service status and conduct operations to make transaction. LeanCloud is not responsible for any dispute or losses resulted from User’s not checking, changing or confirming LeanCloud Service status or submitting relevant applications in time.
    7. The User irrevocably grants LeanCloud the right to verify its identity and qualification through third party channels and obtain relevant information for its purpose of using LeanCloud Services.
    8. 3.8 The User shall not abuse LeanCloud Service (including data storage, file storage, real-time communication, website custody and domain name binding services). LeanCloud Services provided by LeanCloud include website hosting and domain name binding, but LeanCloud is not responsible for activities the User conducts by using the domain name binding services, and consequently is not responsible for the validity, accuracy, integrity, authenticity or quality of the domains bound by the User. In case any user visit the website accessed by the domain name bound by the User or second level domain (SLD) provided by LeanCloud or visit other website/mobile application the User develops by using other LeanCloud Services, and are exposed to information or content that violates applicable laws and regulations, privacy, business secrets or general moral standard, the User should be solely responsible for any risks and consequences resulted therefrom, and LeanCloud is by no means responsible. If the User fails to comply with the Agreement (including the Terms and Policies) while using LeanCloud Services, LeanCloud shall have the right to, at its sole discretion, make judgment based on notice or report by third party and terminate immediately all LeanCloud Services without prior notice to the User. In case the User distributes or spreads information that violates applicable laws and regulations, whatever content the User uploads or website the User makes under custody might serve as proof of the User’s violation of law, and the User shall be solely responsible and indemnify LeanCloud for any third party claim and all losses and damages suffered therefrom.
    9. 3.9 The User covenants that it will always comply with applicable laws and regulations, common practice and moral code in the jurisdiction where it sells products or provides services, and shall not use LeanCloud Services to upload, download, store, publish or spread such information and content that (a) violates applicable laws and regulations, policies of the jurisdiction where it sells products or provides service, (b) violates government orders or administrative measures of the district where it sells products or provides services, (c) involve national secret/security of the country where it sell products or provide services, (d) involves feudal superstition and/or obscene, pornographic content or solicits crime, (e) involves gambling, (f) violates ethnic or religion police in districts where it sells products or provides services, (g) interrupts Internet operation security, (h) violates the legitimate rights and interests of any third party or otherwise violates social order, security, public moral code, (i) involves pirated audio, video, picture, book and/or other content that infringes the intellectual property rights of any third party. The User covenants further that it will not assist, connive or indulge any third party in publishing abovementioned information and content, including but not limited to set up URL, banner or link. The User agrees that LeanCloud shall be entitled the right to terminate LeanCloud Services if the User breach this clause and delete all data uploaded by the User, in which case no payment already made by the User is refundable. The User should hold LeanCloud and LeanCloud’s partner harmless and take all measures to prevent LeanCloud and LeanCloud’s partner from any claim, suit, losses or damages on reputation or property of LeanCloud or LeanCloud’s partner resulting from the abovementioned activities conducted by the User. Meanwhile, the User should indemnify LeanCloud and LeanCloud’s partner for all direct and indirect losses suffered therefrom.
    10. 3.10 All payments made by the User to LeanCloud under this Agreement are exclusive of any deduction or withholding, as may be required by law. If any such deduction or withholding (including but not limited to cross-border withholding taxes) is required on any payment, the user will pay such additional amounts as are necessary so that the net amount received by LeanCloud is equal to the amount then due and payable under this Agreement. LeanCloud will provide the users with information and documents as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under this Agreement.

  4. Rights and Obligations of LeanCloud
    1. The User should pay in advance for LeanCloud Services. After execution of this Agreement, the User should duly complete registration on the LeanCloud Website and make timely payments for its account. LeanCloud shall provide qualified Internet technology and information services according to the User’s choice of service items and payment status. Content and rates of chargeable items are set forth on the LeanCloud Website.
    2. LeanCloud covenants that it will apply necessary security measures to the account information and stored data, and will not by illegal means obtain or use, or disclose to any third party, or authorize any third party to use any account information and data, unless:
      1. authorized according to provisions of this Agreement or other agreements, contracts, online terms between the Parties;
      2. for purpose of complying with applicable laws and regulations;
      3. required by administrative, judicial or other government department;
      4. authorized by the User in writing;
      5. for purpose of settling a complaint, report or initiating a suit;
      6. for purpose of taking measures to avoid material breach of law or criminal activities;
      7. for purpose of providing LeanCloud Services, including to any third party whose technology or service is needed by LeanCloud for providing products, services, information to the User.
    3. In the event LeanCloud discovers (by third party notice, report or otherwise) that, the User breaches any provisions of this Agreement, LeanCloud shall have the right to require the User to reverse such breach or take all actions deemed necessary by LeanCloud to reduce its losses.
    4. In the event LeanCloud discovers (by third party notice, report or otherwise) any illegal, obscene content or content that infringes any third party rights in products developed or produced by the User when using LeanCloud Services, whether such content are produced, developed, uploaded, published by the User for itself or for a third party, LeanCloud shall be entitled the rights to delete and remove immediately such illegal, obscene content or content that infringes third party rights.
    5. If the User consumes unreasonable amount of services resources (including but not limited to server memory, CPU or network bandwidth) due to its fault, and causes heavy load to LeanCloud or LeanCloud’s partner’s network or server (including but not limited to local, domestic and overseas network and server), which influences the availability or stability of LeanCloud Services, or causes crash or breakdown of LeanCloud or LeanCloud’s partners server, LeanCloud shall have right to take measures immediately without prior notice to the User, including but not limited to change service setting for the User and/or suspend in whole or in part LeanCloud Services to restore stability and security of LeanCloud Services. LeanCloud shall not be responsible for any influences and/or losses suffered by the User therefrom.
  5. Privacy Policy and Protection of Personal Information

    Upon execution of this Agreement or its commencing on using LeanCloud Services, the User agrees to use and disclose user information as set forth in the following provisions:

    1. Username and Password: when signing up, the User is required by LeanCloud to set up a username and a password to represent its identity. The User shall only use the password to access its account. If the User reveals the password to others, it might lose its LeanCloud user identity and suffer from adverse effect. In the event the security of its account and password is threatened, the User should immediately contact LeanCloud, who will take measures in reasonable time to prevent the User’s losses but shall not be responsible for any of the User’s losses suffered therefrom.
    2. User Information: when signing up, the User should provide LeanCloud its actual name, domain name of its website, address, telephone number and email address. The User understands and agrees that LeanCloud and its affiliate or other website the User log in shall use the abovementioned information to inform the User of new services and opportunities.
    3. Log In Record: to secure the User’s usage and improve the standard of LeanCloud Services, LeanCloud will keep records of the User’s log in history and habit of using LeanCloud Services, but will not offer such records and information to any third party (except as otherwise agreed by the Parties or required by applicable laws and regulations, or offered to affiliates of LeanCloud)
    4. 5.4 Collection and Storage of Service Information: in order to (a) providing LeanCloud Services, and (b) improve the products and services the User created or produced by using LeanCloud Services, LeanCloud might automatically collect software, hardware, user preference information or information uploaded by the User to LeanCloud server from the User’s terminals (including cellphones, laptops) and browsers, such information includes but not limited to IMEI number of the User’s cellphone, username, operation system information, the User’s IP address, Cookie information, location and GPS information, browser visiting history. The User authorizes LeanCloud to collect and store the abovementioned information.
    5. Outside URL: LeanCloud Website may contain outside URLs, but LeanCloud is not responsible for privacy policies of websites accessed by such URLs. LeanCloud may from time to time at its sole discretion add URLs of its business partners or jointly owned brands.
    6. Security: LeanCloud shall take security measures based on current technology to prevent the information collected and stored by it from being abused or altered. Such security measures include backing up critical data and encrypting passwords. Nevertheless, LeanCloud could not make absolute guarantee of security of these information.
    7. Use of Information
      1. LeanCloud will use the information collected from the User for auditing, data analyzing, researching, internal (among affiliates) sharing purposes, which is intended to improve LeanCloud’s products and services and the User’s experience with LeanCloud products and services.
      2. Depending on the situation, LeanCloud will provide some of the User personal information to its partners who are responsible for providing products or services or marketing for LeanCloud. LeanCloud shall only share such personal information for purpose of improving its products, services or advertising and shall not share such personal information for marketing purpose of any third party, or by any means sell such personal information. LeanCloud shall cause its partner to be bound by the confidentiality agreements herein and responsible for all liabilities resulted therefrom.
  6. Force Majeure

    “Force Majeure” means all objective events which are unforeseen, unavoidable or insurmountable, including but not limited to acts of natural like flood, fire, explosion, lighting, earthquakes and typhoons, and social events like severe power or network failure, war, riots, hostility, public disturbance, acts of public enemies, prohibitions or acts of a government or public agency, strikes or other labor disputes or work stoppage.

  7. System Failure

    In case any of the following events occur that causes a system failure, which in turn interferes with the use of LeanCloud Services, LeanCloud is not liable for the User’s losses and damages but shall take reasonable and efficient measures to resume the its system to normal operation:

    1. LeanCloud operated system maintenance;
    2. Telecommunication equipment malfunction lead to data transmission failure;
    3. System failure caused by Force Majeure event;
    4. Interruption or delay of LeanCloud Service result from hacker attack, technology adjustment or malfunction of the telecommunication sector or bank related problems.
  8. Limit of Liability
    1. LeanCloud is only responsible for liabilities expressly set forth in this Agreement.
    2. Any partner or subcontractor of LeanCloud who provides services that are included in LeanCoud Services shall be responsible for the content and quality of such services provided by it, and shall be jointly liable with LeanCloud for such services.
    3. EXCEPT AS OTHERWISE CONTEMPLATED BY THIS AGREEMENT, THE USER AGREES THAT ANY LIABILITY OF LEANCLOUD UNDER THIS AGREEMENT SHALL BE RESTRICTED TO THE USER’S DIRECT LOSSES, AND IN NO EVENT SHOULD LEANCLOUD INCUR ANY LIABILITIES UNDER THIS AGREEMENT IN EXCESS OF THE FEES FOR THE SERVICES AS ALREADY PAID BY THE USER TO LEANCLOUD FOR THE CURRENT SERVICE PERIOD.
  9. Entire Agreement
    1. 10.1 This Agreement, together with the Terms and Policies, and all supplemental terms, agreements and exhibits entered into by the Parties in relation to the content, fees or otherwise of LeanCloud Services, constitute the full and entire understanding and agreement among the Parties with regard to the subjects hereof and thereof. Terms can be referred to among agreements, provided, however, to the extent that there is any conflict between this Agreement and any provision of any other agreement, arrangement or understanding between the Parties, the terms and conditions of this Agreement shall prevail.
    2. The User’s understanding and approval on this Agreement implies the User’s understanding and approval on contents of all integral parts of this Agreement. Commencing on the User’s use of LeanCloud Services contemplated under this Agreement, the User and LeanCloud shall be bound by this Agreement and all integral parts hereof.
    3. If any provision of this Agreement is or becomes or is held by any arbitrator or other competent body to be illegal, invalid or unenforceable in any respect under any law or jurisdiction, the provision shall be deemed to be amended to the extent necessary to avoid such illegality, invalidity or unenforceability, or, if such amendment is not possible, the provision shall be deemed to be deleted from this Agreement to the extent of such illegality, invalidity or unenforceability, and the remaining provisions shall continue in full force and effect and shall not in any way be affected or impaired thereby.
  10. Intellectual Property Protection
    1. Except for third party products and services, the intellectual property rights in relation to all contents on or consisted in LeanCloud Website, including all works, pictures, files, messages, structures, webpage designs, are solely owned by LeanCloud or its affiliates, including all trademark rights, patents, copyrights and business secrets.
    2. The User represents and warrants that it shall have full, invalid and exclusive rights and intellectual property to all codes and codes based applications developed, uploaded, published or operated by it while using LeanCloud Services.
    3. The User represents and warrants that, in case the User should use domain name binding services provided by LeanCloud, the User shall have full, valid and exclusive rights and intellectual property to the domain name bound to its account and the website accessed by such domain name. Such domain name bound to the User’s account and the website accessed by it shall remain valid and in good standing, and in compliance with all applicable laws.
    4. Without the prior written approval of LeanCloud or its affiliates, no party shall use, amend, duplicate, publicly spread, alter, distribute, publish or publicly announce any programs or contents on or of the LeanCloud Website.
    5. A Party who infringes or violates the intellectual property rights of the other Party or any third party shall indemnify the other Party for its losses and damages caused by such infringement or violation.