User Agreement
Updated: 2025-02-24
This Agreement is a contract between you and Guangzhou Aojia Software Technology Co., Ltd. and its affiliates ("FCloud", "we", "us" or "our") (this "Agreement"). In order to use FCloud cloud services, you should fully read, understood and accepted all the contents of this agreement before you try or purchase our FCloud platform (products or services of this platform), once you choose to "agree" and start using service or complete the purchase process, it means that you agree to abide by all the provisions of this agreement. If you do not meet the above conditions, you shall immediately terminate your registration or stop using the Service. If you and us have signed other legal documents for your use of the Platform services, the conflict between this Agreement and such legal documents shall not apply to you. In addition, please refer to the Privacy Policy for the detailed data use policy of this platform.
Article 1 General Provisions
1.1. FCloud service refers to various products and services provided by FCloud, such as Large model API services, Training and Inference services, computing, cloud data storage and so on (subject to the actual services provided by FCloud), and you can choose to use services according to your needs and comply with its service rules.
1.2. The terms of service, rules, descriptions, standards, etc. (collectively referred to as the "Service Rules") involving the service content, service levels, technical specifications, operating documents, billing standards, etc. of specific services shall be subject to the content displayed on the FCloud official website or other relevant pages.
1.3. FCloud is a neutral technical service provider and provides you with various technical products and services according to the contract; Your website, applications, software, platform and other products, services and related content shall be operated by you and bear full responsibility.
1.4. Both parties guarantee that they have obtained legal business qualifications or government approvals in accordance with relevant national regulations, and have right to operate their products and services in accordance with the law. Both parties further guarantee that they will continue to maintain the business qualifications or approval procedures required by relevant national regulations during the validity period of this Agreement.
Article 2 Account
2.1. You shall have the necessary and appropriate rights and capacity for conduct in accordance with the law, complete the registration and obtain the FCloud service account (hereinafter referred to as the "Account") in accordance with the requirements of FCloud.
2.2. In order to protect the security and independence of your account and avoid unclear account ownership, you should use your mobile phone number for which you have legitimate rights and interests to register or log in, otherwise, you may not be able to log in and use FCloud services normally.
2.3. You shall fill in and submit true, legal and valid information (collectively referred to as "Customer Information") in accordance with the FCloud service process, including but not limited to the company name, email address, contact number, etc.; If there is a change in the customer information, you shall promptly notify FCloud in writing or update it in accordance with FCloud's rules. We take the protection of your privacy very seriously. We will provide our services in accordance with our Privacy Policy, which can be found at the following link: Privacy Policy.
2.4. This Agreement applies to all your accounts and sub-accounts. The account will be used as the basis for your identification when using FCloud services, and you shall take necessary and effective confidentiality and security protection measures for your username, password and other information (including but not limited to: keeping the right to use, setting a strong password and changing it regularly, etc.), otherwise, you shall be solely responsible for the consequences caused. In addition, you shall be responsible for the actions under your account, and all actions under your account shall be deemed to have been carried out by you, and you shall bear all legal consequences.
2.5. If you find that your account and password be stolen, or any other situation without your legal authorization, you shall immediately notify FCloud and provide necessary information (such as customer information, explanations, supporting materials and claims, etc., so that FCloud can verify your identity and incident). FCloud will handle the matter in accordance with laws, regulations and service rules after received your valid notice. You shall bear the relevant responsibilities and consequences arising from FCloud's processing in accordance with this Article.
If there are defects in the information you provide, FCloud is unable to verify your identity or judge your needs, etc., resulting in FCloud's failure to deal with it in a timely manner, you shall be solely responsible for the losses caused to you. At the same time, you understand that FCloud will need a reasonable period of time to process your request, and FCloud shall not be liable for any losses incurred by you before FCloud takes measures and losses caused by reasons not attributable to FCloud after taking measures.
Article 3 Service
3.1. Service Activation
3.1.1. You can purchase services online through the FCloud official website, and you need to carefully read the service rules corresponding to the purchased services and decide whether to purchase or use them according to your own needs. The two parties can also sign separate agreements according to the actual needs of cooperation.
3.1.2. The activation of some FCloud services may require both parties to sign a separate service agreement, which may be displayed in the form of electronic documents or independent paper documents, and you can decide whether to accept the service agreement and activate the service according to your own situation.
3.1.3. You are required to complete the payment in a timely manner after the order is submitted. Some services may have time limits, inventory limits, or event quantity restrictions, and you may not be able to use the services if you do not pay in a timely manner, or if the quantity is insufficient or the limit has been reached during the payment period after the order has been submitted.
3.1.4. FCloud may, for various reasons such as marketing activities and product promotion, launch preferential measures such as "limited-time free promotion", "limited-time offer", "limited discount", "recharge discount" and free service (hereinafter collectively referred to as "preferential measures") within a specific period of time, and you understand and agree that these preferential measures may be temporary, phased or limited in quantity, or may only be applicable to customers who meet certain conditions, and you need to purchase and use the corresponding services in accordance with the corresponding rules. Unless otherwise expressly stated in writing, the preferential measures cannot be applied in combination.
3.2. Service Fees
The billing methods of FCloud services include prepaid and postpaid, and in order to ensure the timely opening or continuous provision of services, you shall comply with this Agreement and the service rules of the services you use and pay the fees in a timely manner. After some FCloud services are enabled (such as cloud servers and cloud storage), even if you do not add new services or resources, and do not perform new operations, you should renew or disable the services in a timely manner because they will continue to occupy resources. Preferential measures are set based on specific conditions, such as preferential measures for products with specific configurations, preferential measures that you need to use for a specific period or quantity of products at one time (such as monthly discounts), etc., if you do not meet the specific conditions in the end, you will not be able to enjoy the corresponding discounts (including but not limited to discounts, voucher gifts, etc.), and both parties need to settle the fees according to the original price of the official website of the corresponding service at the time of purchase.
You can pay online or recharge and renew your account online. or pay the fee to FCloud through online payment method after mutual agreement (in order to ensure the continuity of the service, if you choose to pay the fee offline, you should reserve a reasonable time for FCloud to verify the receipt of the account and complete the account recharge).
For monthly services billing, FCloud will check and confirm or dispute the bill of the previous month within 5 working days after previous month. If FCloud does not receive your confirmation or objection within 5 working days, you will be deemed to have no objection; If you have any objection, it will be resolved through friendly negotiation between the two parties, and if the negotiation fails, the FCloud system data shall prevail.
In the event of sales discount, sales return or other circumstances that require the issuance of red invoices or re-invoices in accordance with national regulations, FCloud shall issue red invoices or re-invoices to you in accordance with national tax regulations, and you shall return the invoices issued by FCloud in accordance with national tax regulations or submit valid proof of special invoices issued by FCloud to the tax bureau.
Payments are made on the website, which includes third-party payments (e.g. Alipay, WeChat) or corporate payments. The agreement of the payment processor or credit card company will govern your use of the account or credit card you designate, and you must refer to that agreement and not these Terms to determine your rights and responsibilities in connection with that agreement, account, and activity. You agree to notify us immediately of any changes to your billing address or the account or credit card used for payment. All fees are non-refundable (e.g., if the generated content is not approved) and do not include any applicable taxes, which are the sole responsibility of the customer. In addition to taxes related to our earnings, you will reimburse us for any taxes associated with your purchase or use of the Services. You have the right to apply for an invoice from us, and we will have someone to handle your relevant needs.
3.3. Service Support
FCloud provides you with after-sales service and assists you in answering and handling problems encountered in the process of using FCloud services.
FCloud will take basic security protection measures for its systems and devices in accordance with the requirements of laws and regulations. If your requirements for security protection measures are higher than the above-mentioned basic security protection measures, you have the right to purchase and configure higher security protection services or other security protection software and systems according to your own needs.
You shall take necessary and effective security protection measures for the computer information systems and equipment you use, and you shall be solely responsible for any damage to your rights and interests caused by your failure to take the aforesaid measures.
FCloud provides availability guarantees within the service rules convention. If your requirements for availability are higher than the service rules, you need to take the initiative to set up high availability for your own system, and FCloud can provide necessary assistance. If FCloud needs to cooperate in the design, the two parties will negotiate and confirm it separately.
3.4. Suspension or Termination of Service
In order to provide you with better services, FCloud has the right to overhaul, maintain, upgrade and optimize the Service Platform or related equipment, systems, software, etc. on a regular or irregular basis (collectively referred to as "Routine Maintenance"), and FCloud shall not be liable to you for any interruption or suspension of FCloud Services within a reasonable period of time due to Routine Maintenance. However, FCloud should notify you at least 24 hours in advance of routine maintenance. In case of non-routine maintenance due to force majeure, fault of the underlying operator, etc., FCloud shall notify you in a timely manner.
In order to ensure the security and stability of the service, FCloud may make major adjustments such as data center relocation and equipment replacement, which may lead to FCloud service is interrupted or suspended within a reasonable time, FCloud shall not be liable to you for this, however, FCloud shall notify you 3 days in advance, and you shall cooperate; Otherwise, FCloud cannot contact you, you shall be solely responsible for the consequences arising therefrom.
If the specific service you purchased contains storage functions, after the expiration or termination of the service, FCloud will retain any information such as your data stored in the service for the corresponding period according to the service rules of the service. You shall bear the costs incurred during the retention period (if any), settle the fees on time, and complete the migration of all data. After the expiration of the retention period, your aforementioned information will be deleted.
FCloud has the right to adjust or terminate part or all of the Services (including but not limited to offline, iteration, integration, etc.) at any time according to its own operational arrangements. However, FCloud shall notify you at least 3 days in advance so that you can make relevant data transfer and backup and business adjustments to protect your legitimate rights and interests. Based on the timeliness, complexity, efficiency and other characteristics of the network services, regulatory requirements, policy adjustments, etc., you agree that FCloud may adjust this Agreement and FCloud's relevant service rules from time to time, and announce them through one or more of the website announcements, email notifications, SMS notifications, system messages, site messages, etc.; If you continue to use FCloud services after the adjustment, it means that you have fully read, understood and accepted the modified content, and will follow the revised content.
If you choose to use services outside Chinese mainland, you should ensure that you comply with the requirements of laws, regulations, policies, etc. of Chinese mainland, and you should also ensure that your qualifications, capabilities and usage behaviors comply with the requirements of local laws, regulations and policies.
Article 4 User Rights and Obligations
4.1. You have the right to use FCloud services and obtain technical support and after-sales service from FCloud in accordance with this Agreement.
4.2. When you use the services on the FCloud platform, you must comply with relevant laws and regulations and service rules, and ensure that you have the business qualifications and capabilities required by laws and regulations, and shall not carry out any behaviors including but not limited to the following, nor shall you facilitate any violation of laws and regulations, otherwise FCloud has the right to ban the account and pursue the legal losses caused by you to FCloud:
4.2.1. Opposing the basic principles stipulated in the Constitution.
4.2.2. Use the services provided to "mine" virtual currency.
4.2.3. Endangering national security, divulging state secrets, subverting state power, or undermining national unity.
4.2.4. Harming the honor and interests of the state.
4.2.5. Inciting ethnic hatred and ethnic discrimination, or undermining ethnic unity.
4.2.6. Undermining national religious policies and advocating cults and feudal superstitions.
4.2.7. Spreading rumors, disrupting social order, and undermining social stability.
4.2.8. Disseminating obscenity, pornography, gambling, violence, murder, terror or instigating crimes.
4.2.9. Insulting or slandering others, infringing on the legitimate rights and interests of others.
4.2.10. Carry out any behavior that violates the "Seven Bottom Lines".
4.2.11. Contains other content prohibited by laws and administrative regulations.
4.2.12. Using the platform's invitation reward system to collect wool, maliciously register accounts, register fake accounts in batches, or arbitrage platform resources/benefits by any form of abnormal means.
4.3. When using the services on the FCloud platform, you must maintain Internet order and security, and shall not infringe upon the legitimate rights and interests of any entity, and shall not carry out any acts including but not limited to the following acts, nor shall you provide convenience for them:
4.3.1. Committing fraudulent, hypocritical or misleading acts, or infringing on the intellectual property rights of others and any legitimate rights and interests, such as "private servers", "plug-ins", etc.
4.3.2. Publishing or disseminating spam or information that endangers national order and security, feudal superstition, obscenity, pornography, vulgarity, etc.
4.3.3. Violating the operating regulations of the network, equipment or services connected to the FCloud network; Illegal or unauthorized access, misappropriation, interference, or surveillance.
4.3.4. Committing any act that undermines or attempts to undermine network security, including but not limited to malicious scanning of websites and servers, illegal intrusion into systems, and illegal acquisition of data by means of viruses, Trojan horses, malicious code, phishing, etc.
4.3.5. Perform any behavior that changes or attempts to change the system configuration provided by the FCloud service or undermines the system security; use technical or other means to disrupt or disrupt the operation of the FCloud Services or the use of the FCloud Services by others; Interfere or attempt to interfere with the normal operation of any product or any part or function of FCloud in any way, or produce, publish, or disseminate the above tools and methods.
4.3.6. Frequently subjected to attacks (including but not limited to DDoS attacks) on your own due to engaging in any business including but not limited to "DNS resolution", "security services", "domain name proxy", "reverse proxy", etc., and you fail to correct your behavior in a timely manner, or fail to eliminate the impact according to FCloud's requirements, thereby affecting the FCloud service platform or others.
4.3.7. Carrying out other behaviors that undermine the order and security of the Internet.
4.4. You shall pay the fees in full and in a timely manner in accordance with the service rules. If you fail to pay the fees in time and in full, FCloud has the right to refuse to activate the service or suspend or terminate the service without further notice, and may take one or more of the following measures:
4.4.1. In addition to the fees payable according to the agreement, FCloud shall also pay liquidated damages at the rate of 1‰ of the outstanding fees for each overdue day until all fees are paid.
4.4.2. If you are overdue for more than 15 days, FCloud has the right to take measures including but not limited to unilaterally terminating the agreement in advance at any time without further notice to you.
4.4.3. If you are late in payment but you use the prepaid service or you have an unconsumed cash balance in your account, FCloud has the right to directly use the prepaid fees and cash balance to offset the arrears and liquidated damages without further notice to you.
4.4.4. Delete part or all of the information and data stored or generated by you based on your use of FCloud services.
Article 5 Rights and Obligations
5.1 FCloud shall provide you with FCloud services and after-sales support in accordance with this Agreement.
5.2 FCloud only provides operation and maintenance for the FCloud service itself, and you shall ensure the security and stability of your network and equipment, and promptly resolve and avoid the impact on the FCloud service if any of the following situations occur:
5.2.1 There is a problem in your internal network, including but not limited to overload, etc.
5.2.2 Failure of your own equipment or third-party equipment used by you.
5.2.3 You disassemble the device or otherwise cause network interruption.
5.2.4 Any failures, network interruptions, etc. caused by your own reasons.
5.3 If FCloud discovers that you may have violated relevant laws and regulations or this Agreement based on the information of relevant departments or the complaints of right holders, FCloud has the right to make its own independent judgment based on the understanding of ordinary people and unilaterally take one or more of the following measures at any time:
5.3.1 Require you to delete or modify the relevant content immediately.
5.3.2 Restrict or suspend the provision of all or part of FCloud services to you (including but not limited to directly taking some of your services offline and recovering relevant resources, taking operational restrictions/account freezes on your account, etc.).
5.3.3 Terminate the provision of FCloud services to you and terminate the agreement (including but not limited to directly taking all your services offline and recovering relevant resources, etc.).
5.3.4 If FCloud terminates the provision of services to you or terminates the agreement in accordance with this Agreement, the fees prepaid by you will be owned by FCloud as liquidated damages.
5.3.5 Pursue your other responsibilities in accordance with the law.
FCloud shall not be deemed to be in breach of contract if it takes corresponding measures in accordance with this Agreement (including but not limited to suspension of services, deduction of fees, termination of the Agreement, etc.), and you shall be solely responsible for any losses caused to you (including but not limited to business suspension, data erasure, etc.). You shall be solely responsible for the responsibilities and consequences arising from your breach of this Agreement, and you shall compensate FCloud or any third party for any losses caused.
5.4 In order to reasonably protect the interests of you, your users, rights holders and other parties, FCloud has the right to formulate a special infringement and complaint process system, which you shall abide by. If FCloud receives a complaint or report from a third party against you, FCloud has the right to disclose your relevant information (such as your subject information and all information such as the counter-notice and relevant evidence submitted by you in response to the complaint or report) to the third party, and require you to negotiate with the complainant party (including but not limited to establishing a three-party mailing group including you, FCloud and the complainant party for direct communication and mutual evidence, etc., the same below), if you complain or report other FCloud customers, FCloud You also have the right to disclose your relevant information (such as your subject information, the notice you submitted for the complaint or report, relevant evidence, and all other information) to the respondent, and require you to negotiate with the respondent in order to resolve the complaint and dispute in a timely manner and protect the legitimate rights and interests of all parties, and you shall cooperate, otherwise, it may affect your continued use of FCloud services, and you shall be responsible for any losses caused to you or others.
Article 6 Customer Data
6.1 You warrant that the data you store, upload to the FCloud Services, or use the FCloud Services to analyze, distribute or otherwise process for you in any way will not and have not infringed the legal rights of any individual or entity in any way.
6.2 You warrant that you have the right to use FCloud services to store, upload, analyze, and distribute any processing of the aforesaid data, and that the aforesaid processing activities comply with the requirements of relevant laws and regulations, and that there is no illegality, infringement or violation of the contract between FCloud and a third party, and that the data will not be used for illegal purposes.
6.3 You have the right to use FCloud services to upload, analyze, delete, change and other processing of data (subject to the service rules of the service you use), and you shall operate cautiously and bear the consequences arising from such operations.
6.4 Except for your use of FCloud services and as otherwise required by laws and regulations, FCloud will not contact or use your data without your consent.
6.5 You shall back up your data according to your own needs, FCloud shall only provide data backup services in accordance with the requirements of relevant laws and regulations or service rules, and FCloud shall only be liable for the data backup services provided by law or as agreed.
6.6 You shall be solely responsible for all the consequences and responsibilities caused by the violation of laws and regulations in any related matters such as the generation, collection, processing, and use of your data, and FCloud has the right to terminate the provision of FCloud services to you in whole or in part at any time. You shall be solely responsible for all losses suffered or all liabilities and expenses incurred by you as a result.
Article 7 Compliance with Export Control and Sanctions Laws
Each Party undertakes to comply with all applicable economic and trade sanctions and export control laws and regulations, including all sanctions resolutions, laws and regulations, and export control laws and regulations formulated and implemented by the United Nations Security Council, China, the United States and any other countries (to the extent that the foregoing documents apply to such parties) (hereinafter referred to as "Applicable Export Control Laws"). You promise that you will not use the products or services provided by FCloud for purposes prohibited by applicable export control laws. Unless permitted by the relevant competent authority, you and the individuals or entities you authorize to use the products or services provided by FCloud will not provide controlled technology, software or services to persons or entities sanctioned or designated by applicable export control laws through the products or services provided by FCloud, or in any way cause FCloud to violate applicable export control laws.
Article 8 Limitation of Liability
8.1 You understand and agree that the service may be interrupted due to the following circumstances in the process of using the FCloud service. In the event of any of the following circumstances, FCloud shall cooperate with the relevant units to repair it in a timely manner, but FCloud will be exempted from liability for any losses caused to you.
8.1.1 Force majeure, including but not limited to unforeseeable, unavoidable and insurmountable objective circumstances such as natural disasters, government actions, promulgation and adjustment of laws and regulations, strikes (except for labor disputes within either party), turmoil, etc.
8.1.2 Reasons attributable to the basic operator, including but not limited to technical adjustment by the telecommunications department, damage to telecommunications/power lines by others, and installation, transformation and maintenance of telecommunication networks/power resources by the telecommunications/power departments.
8.1.3 Network security incidents, such as computer viruses, Trojan horses or other malicious programs, and hacker attacks.
8.1.4 If you use FCloud services in a manner not authorized by FCloud, you operate it improperly or your computer software, system, hardware and communication lines fail.
8.1.5 Other circumstances that are not the fault of FCloud or beyond FCloud's control or reasonably foreseeable.
8.2 In the event of any delay in the performance of this Agreement or breach of contract by either party due to force majeure, basic operator reasons, network security incidents or other events beyond the reasonable control of the parties, neither party shall be liable for breach of contract. However, the affected party shall notify the other party as promptly as possible. If the aforesaid events prevent the performance of the agreement for more than 30 days, either party may terminate the agreement by giving 15 days' written notice to the other party. If the Agreement is terminated due to this clause, neither party shall be liable for breach of contract.
8.3 You understand and agree that FCloud's services are provided in accordance with the existing technology and conditions. FCloud will do its best to ensure the continuity and security of the service, but FCloud cannot guarantee that the service provided by FCloud is flawless, therefore, even if the service provided by FCloud is defective, if the above defect is unavoidable by the current state of the industry, it will not be regarded as FCloud's breach of contract, FCloud will not be held responsible, and both parties shall cooperate amicably to solve the problem.
8.4 In no event shall either party be liable to the other party for any indirect, incidental, special or punitive damages and losses (such as lost profits, lost opportunity, fees paid to third parties, loss or damage to reputation/goodwill, etc.), whether based on contract, warranty, tort or any other theory of liability, and whether or not either party knew or should have known of the possibility of such loss or damage.
8.5 In any case, the total amount of FCloud's liability to you (whether based on contract, tort or any other theory of liability) based on this Agreement and related orders and FCloud Services shall not exceed the total amount of fees you have paid to FCloud for the FCloud Services that caused your losses; If the service term of the respective FCloud Service causing your loss exceeds 12 months, FCloud's maximum liability shall not exceed the total amount of fees you have paid to FCloud for the FCloud service causing your loss in the 12 months immediately preceding the occurrence of the damage (for the avoidance of doubt, the fees here refer to the cash actually paid by you for the duration/quantity of the service, etc., excluding vouchers, fees prepaid but not actually consumed, etc.). In the event of any conflict or inconsistency between these Terms and other agreements between the parties or the FCloud Service Rules, this Agreement shall prevail.
Article 9 Notification and Delivery
9.1 You shall ensure and maintain the validity of the customer information (including but not limited to telephone number, email address and other contact information), and you shall be solely responsible for any false or invalid customer information that may cause you to be unable to obtain business notices, service reminders, customer service, technical support, dispute coordination, violation penalties and other information in a timely manner.
9.2 You shall send a notice to FCloud according to the contact information of FCloud published on the official website of FCloud, unless otherwise agreed by both parties.
9.3 FCloud may send you business notices, service reminders, verification messages, marketing information and other information related to FCloud services (including but not limited to updated service rules, service upgrades, data center layoffs, advertisements, etc.) through one or more of the following methods: web announcements, system notifications, site letters, emails, mobile phone text messages, instant messengers, letters, etc. The foregoing information shall be deemed to have been delivered under the following circumstances:
9.3.1 If it is delivered by hand, it shall be deemed to have been delivered when the recipient signs for receipt.
9.3.2 If it is published in the form of a webpage announcement, it will take effect once it is published (unless otherwise specified).
9.3.3 If it is sent in electronic form (including system notifications, site messages, e-mails, mobile phone text messages, instant messengers, etc.), it shall be deemed to have been delivered after it has been successfully sent.
9.3.4 If the delivery is made by a prepaid courier company or by registered mail, it shall be deemed to have been delivered on the 3rd calendar day after posting. If the time of delivery is a statutory holiday, the first working day after delivery shall be the date of delivery.
Article 10 Application of Law and Dispute Resolution
10.1 The establishment, effectiveness, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws and regulations of Chinese mainland (excluding conflict of laws).
10.2 Any dispute arising out of this Agreement shall be settled through negotiation between the two parties. If the two parties fail to resolve the dispute through negotiation, either party shall submit the dispute to the people's court with jurisdiction in the place where this Agreement is signed for adjudication. The part that is not disputed by the two parties shall continue to be performed.
Article 11 Miscellaneous
11.1 Unless otherwise specified, all "days" in the body of this Agreement and its annexes are natural days, and the settlement currency is RMB.
11.2 The drafting and interpretation of the Agreement shall be in Chinese. Unless otherwise agreed by the parties, no translation of this Agreement shall be relied upon as a basis for interpreting this Agreement or determining the intent of the parties.
11.3 The Service Rules are an important part of this Agreement and have the same legal effect as the text of this Agreement, and you shall abide by them.
11.4 If you have any questions about this User Agreement when using the Product, you can contact us by sending an email to support@cnfcloud.com or through the feedback channel of the Product or other contact information published on the website. We will review the issue as soon as possible and provide feedback within 10 business days of receiving your request.