Effective Date: November 17, 2023
The following “Terms of Service” (this “Agreement”) apply to the applicable PingCAP Contracting Entity (as referenced in Section 10 below) (hereafter referred to as “PingCAP” or “we”), and individuals, legal persons, and other organizations (hereafter referred to as “you” or “users”) who (i) have registered an account through our website and/or (ii) access and use our documents, products and/or services which we provide on our website (hereinafter collectively referred to as “Service”) without registering on our website. This Agreement does not apply to your use of TiDB Cloud services, which shall be governed by the TiDB Cloud Services Agreement.
WE REMIND YOU TO CAREFULLY READ AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT, ESPECIALLY THOSE TERMS THAT ARE OR MAY BE RELEVANT TO YOUR RIGHTS AND INTERESTS, AND THOSE THAT HAVE OR MAY LIMIT OR EXEMPT OUR LIABILITY (ESPECIALLY NOTE THE BOLD TEXT). BY CLICKING TO CONFIRM THIS AGREEMENT OR OTHERWISE CHOOSING TO ACCEPT IT, YOU ARE INDICATING THAT YOU AGREE WITH US AND ACCEPT ALL PROVISIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY PART OF THIS AGREEMENT OR DO NOT UNDERSTAND THE MEANING OF THE RELEVANT TERMS, DO NOT CONTINUE.
YOU AGREE THAT IF WE MODIFY THIS AGREEMENT OR SERVICE, WE WILL ANNOUNCE IT IN ADVANCE THROUGH THE WEBSITE, AND THE CHANGES WILL TAKE EFFECT IMMEDIATELY AFTER THE ANNOUNCEMENT PERIOD EXPIRES. IF YOU CONTINUE TO USE THIS SERVICE AFTER THE CHANGES BECOME EFFECTIVE, IT MEANS THAT YOU HAVE FULLY READ, UNDERSTAND, AND ACCEPT THE CHANGED AGREEMENT CONTENT AND WILL ALSO FOLLOW THE CHANGED AGREEMENT TO USE THIS SERVICE. IF YOU DO NOT AGREE TO THE CHANGED AGREEMENT CONTENT, YOU SHOULD STOP USING THIS SERVICE BEFORE THE CHANGES BECOME EFFECTIVE.
You should register a PingCAP account with authentic, valid, and accurate identity information. You should also have full civil rights and capacity for civil conduct to register and sign this Agreement. Further, you promise not to share your account information, account password, and related information of your account (including but not limited to the device information, order information, and operation records logged in by your account). We recommend that you choose a password with a high security level and take appropriate measures to protect your account information and password. If you provide the above information to a third party or lose a mobile phone or other device storing the information, you are responsible for the losses that may occur.
You must not maliciously register a PingCAP account or use a PingCAP account that is not registered by you to access the Service. Without the prior written permission of PingCAP, you must not give, lend, rent, transfer, or sell your PingCAP account or permit others to use your PingCAP account in any other way after registering the account. You will bear all responsibilities arising from violating these requirements, and PingCAP reserves the right to pursue your legal liabilities for these actions. If your account is not logged in to and used for the first time after registration, or the account is not logged in to or used for a long time, we have the right to terminate the use of your account.
If PingCAP has reasonable grounds to believe that your current use of your PingCAP account violates this Agreement, PingCAP has the right to restrict, freeze, or terminate your use of your account at any time, and to decide whether to restore your use of your account.
If you obtain and use a PingCAP account in an illegal or violating manner as mentioned above, you are responsible for relevant legal liabilities and damages (including but not limited to communication outage, deletion, loss or inaccessibility of virtual properties, related data, value-added services, and products or services). Subject to this Agreement or relevant laws and regulations, PingCAP may restrict, freeze, or terminate your use of your PingCAP account, and you will bear the losses that may occur.
2. Usage Guidelines
- You promise and agree to access and use the Service in compliance with this Agreement in a legitimate way and out of legitimate purposes. You shall not engage in any of the following activities:
Using the Service to create, view, copy, and transmit any information that is fraudulent, defamatory, tortuous, harmful, pornographic, violent,vulgar, harassing, scandalous, discriminatory, hateful, inflammatory, threatening, indecent, sensitive, obscene, profane, illegal or abusive (including but not limited to releasing or transmitting any information that is unauthorized, or that infringes confidentiality, intellectual property or fair competition). Nor shall you engage in any activity of the same nature by other means.
- Copying or modifying all or part of the Service, or allowing the Service or any part thereof to merge or be integrated into another program.
- Decompiling, decoding, or reverse engineering the Service or any part thereof, or creating derivative works based on the Service or any part thereof, or attempting to engage in activities similar to those prohibited by applicable law.
- Distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, broadcasting, or using the Service in an unauthorized way.
- Using the Service (or any part of it) out of illicit purposes, or in an illegal manner, or in violation of this Agreement, or committing any fraud or other malicious behavior, including but not limited to manipulating the Service (or the website linked to the Service), intruding into any operating system, or implanting malicious codes including viruses or harmful data.
- Collecting user information of the Service or using automated means to access the Service or PingCAP’s system, or attempting to transmit any content to the server running the Service, or extract any content from it by decoding.
- Developing, enabling, or using software, devices, scripts, or any other means or programs (including crawler software, browser plugins, or any other technology) to scavenge the Service or copy user information and other data from the Service.
- Harming, disabling, weakening, or endangering the Service, PingCAP’s system, or its security, or overloading it, disrupting the computer systems of other users or any other parties when using the Service, or accessing to or using the Service or PingCAP content or data without authorization.
- Infringing on our or any third party’s intellectual property when accessing and/or using the Service; deleting any copyright, trademark, or other proprietary notices contained in the Service.
- Using the Service for commercial purposes without our prior written permission.
- Requesting login information from others or accessing others’ accounts.
- Any other activities that violate applicable laws, regulations, policies, or public morals.
You promise and agree that you are fully responsible for your text, files, images, photos, data, or other information (collectively referred to as “your content”). In relation to any of your content that violates any law or the terms of this Agreement, or in response to a report that your content posted violates any laws or regulations or the terms of this Agreement, we have the right to take measures such as refusing access to, deleting, blocking, or disconnecting links.
You agree to grant us a free, non-exclusive, worldwide and perpetual license to store, copy, distribute, and display your content, to the extent necessary for us to provide the Service.
Any content that you publish, including but not limited to comments or other contributions to the forum, may be viewed by others. You grant our users a free, non-exclusive, worldwide, and perpetual license to read, use, comment on and perform your content through this Service. If you did not create or do not own the content you upload, you are responsible for ensuring that the content is licensed subject to the same terms and conditions as we grant license to our users.
All materials or content in the Service or on our website are protected by copyright law, with all copyrights belonging to PingCAP, except for content explicitly indicated as being from other sources. Without the prior written permission of PingCAP or other relevant copyright holders, no one may copy, modify, transmit, distribute, sell, reproduce, broadcast, disassemble, reverse engineer, decompile, link or transmit via hyperlink, load to other servers by mirroring, store into information retrieval systems, or use for any other purposes, any content in the Service or on our website.
If you believe that any part of the Service or any content infringes on copyright, trademark, patent, trade secret, or other intellectual property rights, or you have other concerns about the Service, please inform us at firstname.lastname@example.org.
For all information and works you upload and publish through the Service, you are deemed to have granted us the right to commercially utilize them.
All trademarks and logos used and displayed on our website are owned by PingCAP, except for those explicitly indicated as being owned by others. No content on our website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the aforementioned trademarks or logos without the prior written permission of PingCAP. No one is allowed to use the name, the trademarks or marks of PingCAP in any way without prior written permission.
We may use or display your company name, logo, trademark, and service mark on our website and marketing materials to identify you as our customer. Upon your written request, we will promptly remove any such marks from our website and, to the extent commercially feasible, delete them from our marketing materials.
7. Links to Third Party Websites or Resources
Our website may contain links to third-party websites, and access to these links should be determined by you at your own discretion. PingCAP does not guarantee the accuracy, completeness, adequacy, appropriateness or reliability of any information, data, viewpoints, pictures, statements, or suggestions provided in these links. PingCAP provides these links solely out of convenience and does not endorse or recommend this information or use them for promotion or advertisement.
If you log in to any third-party services through your account, we recommend that you carefully read the third party’s agreements and privacy policies. PingCAP has no authority or obligation to control or review the content of other service providers’ products or services. In addition, PingCAP is not responsible for any infringement on your rights suffered when you use such third-party products and services. PingCAP is not responsible for the content or availability of any third-party products or services, and does not make commitment, guarantee, or warranty for the content, advertising, products, services, or other information provided by third parties in the Service.
8. Limitation of Liability
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINGCAP DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER AGREEMENTS, EITHER EXPRESS OR IMPLIED, THAT: (A) ANY CONTENT OBTAINED THROUGH OR FROM THE SERVICE IS COMPLETE, ACCURATE, RELIABLE OR TIMELY; (B) THIS SERVICE IS FREE FROM DEFECTS, ERRORS, VIRUSES, VULNERABILITIES OR OTHER HARMFUL COMPONENTS; (C) ANY DEFECTS OR ISSUES IN THE SERVICE WILL BE CORRECTED; (D) THE SERVICE IS OF SPECIFIC FUNCTIONS, OR THE INFORMATION OBTAINED WHILE YOU USE OR ACCESS THE SERVICE IS RELIABLE, ACCURATE OR OF SPECIFIC QUALITY AS YOU MAY EXPECT; (E) THE SERVICE IS SAFE OR ERROR-FREE; (F) THE SERVICE IS AVAILABLE TO MEET YOUR NEEDS OR PRODUCE SPECIFIC RESULTS OR OUTCOMES. PINGCAP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH RELIANCE ON OR USE OF THE SERVICE OR ANY INFORMATION OBTAINED THROUGH OR FROM IT, OR ANY ACCESS OR USE OF THIS SERVICE BY YOU OR ANY OTHER PERSON.
TO THE FULLEST EXTENT PERMITTED BY LAW, PINGCAP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF BUSINESS, PROFITS, REVENUES, GOODWILL OR DATA). UNLESS OTHERWISE AGREED IN WRITING IN OTHER COMMERCIAL CONTRACTS, WITHIN THE SCOPE PERMITTED BY LAW, PINGCAP IS NOT LIABLE FOR ANY LIABILITY ARISING FROM THE SERVICE, IN CONTRACT OR IN TORT, IN LAW OR IN EQUITY OR PURSUANT TO ANY OTHER LEGAL THEORY. UNLESS OTHERWISE STIPULATED IN THIS AGREEMENT OR OTHERWISE AGREED IN WRITING BETWEEN PINGCAP AND YOU IN RELATION TO A SPECIFIC PRODUCT AND/OR SERVICE, YOU AGREE THAT THE TOTAL LIABILITY OF PINGCAP UNDER THIS AGREEMENT SHALL NOT EXCEED THE CORRESPONDING TOTAL SERVICE FEES (IF ANY) CHARGED TO YOU FOR THE RELEVANT SERVICE WITHIN THE PAST TWELVE (12)-MONTH PERIOD.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS ARISING FROM YOUR USE OF THE SERVICE, VIOLATION OF THIS AGREEMENT, OR ANY ACTION TAKEN UNDER YOUR ACCOUNT. IF OUR AFFILIATES, EMPLOYEES, CUSTOMERS, OR PARTNERS ARE SUBJECT TO THIRD-PARTY CLAIMS ARISING FROM SUCH ACTIONS, YOU WILL BE RESPONSIBLE FOR HANDLING AND DEFENDING AGAINST THE CLAIMS AND BEAR ALL THE RESULTING RESPONSIBILITIES.
THE SERVICE MAY BE INTERRUPTED, DELAYED, OR DISTURBED FOR UNKNOWN PERIODS DUE TO UNCONTROLLABLE REASONS. WITHIN THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT PINGCAP SHALL NOT BE LIABLE FOR ANY CLAIMS OR LOSSES ARISING FROM OR RELATED TO SUCH INTERRUPTIONS, DELAYS, DISTURBANCES, OR SIMILAR FAILURES INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
- SUSPENSION OR TERMINATION OF THE SERVICE DUE TO THE MAINTENANCE OR UPGRADING OF THE SYSTEM OR SOFTWARE AND HARDWARE.
- DELAYS OR FAILURES OF COMMUNICATION SYSTEMS OR NETWORKS NOT OWNED OR CONTROLLED BY PINGCAP.
- SERVICE INTERRUPTIONS DUE TO NATURAL DISASTERS SUCH AS TYPHOONS, EARTHQUAKES, POWER OUTAGES, FLOODS, WARS, TERRORIST ATTACKS, OR SUDDEN PUBLIC HEALTH EVENTS.
- SERVICE INTERRUPTIONS DUE TO THE CESSATION OF OPERATION BY VIRTUAL ASSET AND SERVICE PROVIDERS OR OPERATORS.
- SERVICE INTERRUPTIONS DUE TO THIRD-PARTY FAILURES OR OTHER USERS’ ACTIVITIES IN VIOLATION OF THIS AGREEMENT.
- ERRORS OR INTERRUPTIONS CAUSED BY SECURITY IMPACTS SUCH AS HACKER ATTACKS AND THE LIKE
- OTHER REASONS BEYOND THE REASONABLE CONTROL OF PINGCAP.
9. Changes to These Terms
We are constantly updating, revising, and improving our Service. We may add or remove features or performance, set new limitations, or temporarily or permanently suspend the provision of certain functions of the Service. We may also revise this Agreement at any time based on updates to the Service.
If revisions to the Service or this Agreement significantly affect users or significantly limit access or use of the Service, we will notify you in advance of such changes within a reasonable time. For revisions made to meet security, legal, or regulatory requirements, we may not be able to meet the advance notice requirement, but we will notify you as soon as possible.
10. Choice of Law and Jurisdiction
This Agreement, and any claim, controversy or dispute related to this Agreement, are governed by and construed in accordance with the following laws, without regard to any choice or conflicts of law provisions that would mandate the application of the laws of any other jurisdiction. Any dispute, claim, suit, action or proceeding arising out of or relating to this Agreement or its subject matter, including breach thereof, will be finally settled exclusively as set forth below.
|User Location||PingCAP Contracting Entity||Governing Law||Dispute Resolution Forum|
|USA||PingCAP (US), Inc.||California, U.S.A.||If you are located in USA, you irrevocably and unconditionally submit to the exclusive jurisdiction and venue of the state and federal courts in San Mateo, California, USA for the purpose of any dispute, controversy or claim arising out of or in connection with this Agreement.|
|North or South America, except for USA||PingCAP (US), Inc.||California, U.S.A.||If you are located in North or South America except for USA, any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its International Arbitration Rules, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be San Mateo, California, USA. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The award of the arbitrator shall be final and binding upon the parties thereto. Judgment upon any award may be entered in any court having jurisdiction over any party or any of its assets.|
|Japan||PingCAP Kabushiki-Kaisha||Japan||The Tokyo District Court shall have the exclusive jurisdiction.|
|Singapore||PingCAP Pte. Ltd.||Singapore||If you are located in Singapore, a competent court in Singapore shall have the exclusive jurisdiction.|
|Other locations except for the above||PingCAP Pte. Ltd.
||If you are not located in location except for the above, any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.|
No partnership, agency, employment, or joint venture relationship exists between you and PingCAP as a result of this Agreement or your use of the Service.
PingCAP may assign or otherwise transfer (including by operation of law) this Agreement or any of our rights or obligations hereunder to our affiliates or in connection with a merger, change of control or sale of all or a substantial portion of our assets without your prior consent.
If any provision of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, void, or unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.