Terms of Use

8th Apr 2022

Terms of service (also known as terms of use and terms and conditions, commonly abbreviated as TOS or ToS, ToU or T&C) are the legal agreements between a service provider and a person who wants to use that service. The person must agree to abide by the terms of service in order to use the offered service. Terms of service can also be merely a disclaimer, especially regarding the use of websites.

1. Agreement Between You and ALPHACLOUD

1.1 Please read the following terms of service (the “Terms”) carefully. By using or otherwise accessing this website and/or by using our services available at www.apitemplate.io & app.apitemplate.io including our APIs, you, acknowledge that you have read, understood and agree to be bound by these Terms, and the terms and conditions of our Privacy Policy, when using any service or services, (collectively, the “Service”) offered by Alphacloud Technologies Pte Ltd(Singapore) a limited company organized and existing under the laws of Singapore Government, or its parents, affiliates or subsidiaries (collectively, either “ALPHACLOUD“, “we”, “us” or “our”), on or through the website made available by ALPHACLOUD (collectively, the “Site”). The term “you” (and “your”) for purposes of these Terms, means both you in your individual capacity, and if applicable, the company or other legal entity whom you represent and on whose behalf you use the Service.

1.2 In order to use the Service you must agree to these Terms. You may agree to the terms by clicking the “I Accept” box, or by actually using our Services. You acknowledge and agree that ALPHACLOUD will treat your use of the Service as acceptance of these Terms from the time you first use the Service.

1.3 Please note that we offer the Services “AS IS” and without warranties. If you use the Services on behalf of an individual other than yourself, you represent that you are authorized by such individual to accept this Agreement on such individual’s or entity’s behalf.

2. General Terms & Conditions

2.1 Our company is registered legally in Singapore, and we have the required governmental permissions to provide our services.

2.2 By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using our services, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of our services will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

2.3 You are responsible for maintaining the security of your usage to this website. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

2.4 You agree that to the extent you provide personal information to ALPHACLOUD it will be true, accurate, current, and complete and that you will update all personal information as necessary. The use of company logos, advertisements, web addresses, contact information, pictures of celebrities or the unauthorized use of images owned by others is prohibited.

2.5 You are responsible for all content posted and activity that occurs under your identity.

2.6 You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).

2.7 You must provide your legal full name, a valid email address, and any other information requested in order to complete the purchase process.

2.8 You can seek removal of content posted on our website, by contacting us. We will endeavor to review such requests and to remove the content and users that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. However, by providing a mechanism for the submission of complaints, we make no promises that we will review all such complaints or that we will take any action in response to such complaints. Please be aware, however, that if the content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the content we remove from this website may remain on back-up servers.

2.9 If you request to delete any personal information that you have provided. Within 30 days we will review and proceed your request, and this information will be permanently removed from our database. The removal of the information may be deletion or a completely irreversible disfiguring for the information.

2.10 The Company reserves the right to refuse service to anyone for any reason at any time.

2.11 Unless specifically requested, we do not solicit, nor do we wish to receive, any confidential, secret, or proprietary information from you through our social media feed that may be incorporated into the Website, by email, or in any other way. Any materials submitted by you (including, without limitation, text, photographs, graphics, audio, visual, and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials (including, for example and without limitation, content that you submit or post to any message boards, review/ratings boards, and/or our blogs, social media sites, or send to us via email) (collectively, “Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Privacy Policy.

By submitting or sending Submitted Materials to us, you agree that your Submitted Materials will not violate any right of any third-party, including Payments, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

2.12 While most individuals who use ALPHACLOUD have successful experiences, from time to time we do receive reports of people attempting to scam or defraud the community.

2.13 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2.14 You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

2.15 You must not modify, adapt or hack the website.

2.16 You must not modify another website or Website so as to falsely imply that it is associated with the Service or the Company.

2.17 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.

2.18 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate action by the company.

2.19 You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

2.20 You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

2.21 This website may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. ALPHACLOUD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

2.22 The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

2.23 Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

2.24 The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.

Questions about the Terms of Service should be sent to at hello@apitemplate.io.

3. Accounts & API

3.1 In order to use the Service, you must register with us to open a ALPHACLOUD account (“Account”). By opening an Account, you represent and warrant that: (a) you are 16 years of age or older, and that if you are less than 16 years old, your parent or legal guardian has agreed to stand behind any agreement you enter into as a participant on ALPHACLOUD; (b) all information you submit in connection with your opening and use of your Account is true, accurate, current, and complete; (c) you will promptly notify us if your information changes so that we can update our records; and (d) your use of the Service does not violate any applicable law, rule or regulation. You are responsible for maintaining this information current.

3.2 You are solely responsible for maintaining the security and confidentiality of the information you hold for your Account, including, without limitation, your username and password, and for any and all activity that occurs through your Account as a result of your failure to keep this information secure and confidential. You hereby agree to notify ALPHACLOUD immediately if you become aware of any unauthorized use of your Account, user name or password, or any other breach of security in connection therewith. You may be held liable for losses incurred by ALPHACLOUD or any third party due to someone else using your Account, user name or password as a result of your failing to keep your Account information secure and confidential. You are strictly prohibited from using anyone else’s Account, user name or password at any time and for any reason. ALPHACLOUD is not liable to you or any third party for your failure to comply with your obligations under this paragraph.

3.3 Customer may access his account data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
3.3.1 You expressly understand and agree that the Service shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
3.3.2 Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Service, in its sole discretion, will determine abuse or excessive usage of the API. The Service will make a reasonable attempt via email to warn the account owner prior to suspension.

4. Subscriptions & Fees

4.1 The fees, if any, that you are required to pay to use the Service, and the corresponding usage limitations (the “Quota”) that will be made available to you.

4.2 You can pay the fees through bank card.

4.3 Each Subscription shall commence on the day purchased and shall continue, unless terminated, on a monthly or annual basis (the “Subscription Term”). Notwithstanding termination of a Subscription, you shall continue to be bound by this Agreement as to all terms that apply to Users, in general.

4.4 You may also elect, either at the time of initial registration or at any later date, to pay for a subscription (each, a “Paid Subscription”) that will afford you Services in addition to the Basic Services, each purchaser of a Subscription is a “Paid Subscriber.”.

4.5 Registration as a Paid Subscriber shall include providing a valid credit card which we will charge the “Subscription Fee” on a recurring basis in accordance with the Subscription Plan chosen by you.

4.6 Unless otherwise agreed by ALPHACLOUD and you. Fees are exclusive of taxes or other charges. All fees are exclusive of, and you will be responsible for payment of, taxes, levies, duties or similar local, state, provincial, federal or foreign jurisdiction governmental assessments on the Services.

4.7 ALPHACLOUD reserves the right to suspend or terminate your use of the Service (and access to your Content) if you fail to pay any fees due in connection with your use of the Service. Any outstanding fees are immediately due and payable upon termination of your use of the Service for any reason.

4.8 Refunds.
In the event that you choose to cancel the subscription, ALPHACLOUD shall not provide refunds. But certain refund requests for Subscriptions may be considered by ALPHACLOUD on a case-by-case basis and granted in sole discretion of ALPHACLOUD.

4.8 An upgrade in plan level will result in the new rate (for the month) being charged at a prorated rate for the remainder of the month. A downgrade in plan level will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading your Service may cause the loss of features or capacity of your account. The Service does not accept any liability for such loss.

5. Service Availability & Support

5.1 ALPHACLOUD may temporarily suspend your access to any portion or all of the Service and your Content (as defined below) if ALPHACLOUD reasonably determines that: (a) there is a threat or attack on the Service (including a denial of service attack) or other event that may create a risk to the Service, you or any other Service user; (b) your use of the Service or your Content disrupts or poses a security risk to the Service or any other Service user, may harm ALPHACLOUD’s systems or any other Service user, or may subject ALPHACLOUD or any third party to liability; (c) you are using the Service for fraudulent or illegal activities; (d) you are using the Site, Service or other ALPHACLOUD property in breach of these Terms; ALPHACLOUD will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to you (including notices posted on the Site or sent to your registered e-mail address) and to provide updates regarding resumption of the Service following any Service Suspension. ALPHACLOUD will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension.

5.2 ALPHACLOUD shall terminate your access to any portion or all of the Service and your Content upon termination of contract or non-renewal of Services.

6. Security

6.1 ALPHACLOUD will comply with all applicable privacy and data security laws and regulations governing its processing and storage of Customer Content. During the Subscription Term, ALPHACLOUD shall maintain and conform to a security program in accordance with industry standards that is designed to secure the Customer Content and protect against unauthorized disclosure or access of Customer Content. Such security programs shall include the implementation of appropriate administrative, technical and physical safeguards.

7. ALPHACLOUD’s Proprietary Rights

7.1 You hereby acknowledge and agree that ALPHACLOUD own all legal right, title and interest in and to the Site and Service, including, without limitation, any intellectual property or other proprietary rights which subsist in the Site and Service (whether such rights are registered or unregistered, and wherever in the world those rights may exist). As between you and ALPHACLOUD, all materials on the Site, including, but not limited to, graphics, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the Site and its content (except for your Content), and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the Site, are all owned by ALPHACLOUD or licensors.

7.2 ALPHACLOUD shall fully own and retain all rights to anonymous usage data derived from your use of the Service (“Usage Data”) as aggregated with usage data from ALPHACLOUD’s other customers for its own business purposes such as support, operational planning, product innovation and sales and marketing of ALPHACLOUD’s services. For purposes of clarification, such Usage Data may not include any data that could reasonably identify you.

7.3 Nothing in these Terms gives you any right to use any of ALPHACLOUD’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All rights not expressly granted by ALPHACLOUD under these Terms are reserved.

7.4 Subject to your compliance with these Terms, including, without limitation, your payment of all applicable fees, ALPHACLOUD hereby grants you a limited, personal, worldwide, royalty-free, non-transferable, sublicensable and non-exclusive license to use the Service for your internal business use, to store and manage your Content in such manner as permitted and/or specified by ALPHACLOUD from time-to-time in any applicable documentation or Service descriptions made available by ALPHACLOUD. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by ALPHACLOUD, in the manner permitted by these Terms.

7.5 During, and after the termination of, your use of the Service, you will not assert, nor will you authorize or assist any third party to assert, against ALPHACLOUD or any of ALPHACLOUD Parties (as defined below), any patent infringement claim with respect to the Service.

8. Service Use Restrictions

8.1 You hereby represent and warrant that you will not, and will not permit any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Service or otherwise attempt to gain unauthorized access to any portion or feature of the Site or Service, or any other systems or networks connected to the Site or Service, or to any ALPHACLOUD server, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Service; (c) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Site or Service or any transaction being conducted on the Site or through the Service, or with any other person’s use of the Site or Service; (d) breach any security measures implemented on the Site or in the Service; (e) track or seek to trace any information on any other person who visits the Site or uses the Service; (f) forge headers or otherwise manipulate identifiers in order to disguise your identity, or the origin of any message or other communication that you send to ALPHACLOUD in connection with the Service; (g) pretend that you are, or that you represent, someone else, or impersonate any other person; (h) use the Service in the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons; (i) use the Service or Site for any illegal purpose, for soliciting the performance of any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; (j) upload or otherwise process any malicious content to, or through, the Service; (k) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the any ALPHACLOUD proprietary software used to provide, maintain, or otherwise applicable to, the Service, or made available to you in connection with the Service; or (l) provide ALPHACLOUD access to or upload or send through the Services any of the following sensitive personal information: social security numbers; passport or visa numbers; driver’s license numbers; taxpayer or employee ID; financial account or payment card information; passwords; medical or health records or information reflecting an individual’s medical treatment or the payment or provisioning of such treatment. You hereby agree that you will notify ALPHACLOUD if you become aware that the Site or Service is being used for any illegal or unauthorized purpose.

8.2 You hereby agree that you will notify ALPHACLOUD if you become aware that the Site or Service is being used for any illegal or unauthorized purpose.

9. Your Content & License from You

9.1 You hereby agree that you are solely responsible and liable for any and all information, data files, written text, photographs, images, and other content (collectively” Content”) that you store, transmit, display, or otherwise use in connection with the Service, and for the consequences of your actions in connection with such Content and your use of the Service. You agree that ALPHACLOUD has no responsibility to you or to any third party in connection with such Content. You are solely responsible for any losses or damage suffered by ALPHACLOUD in connection with your Content. You hereby represent and warrant that you will not store or otherwise use any Content in connection with the Service that: (a) violates these Terms; (b) is defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing, or threatening in any way; (c) constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise intentionally or unintentionally violate any law, rule or regulation; (d) violates any third party’s copyright, trademark, patent, trade secret, or other personal or proprietary right; (e) invades or interferes with the rights of privacy or publicity of any person; or (f) contains a virus, malicious code or any other harmful component.

9.2 ALPHACLOUD reserves the right, at any time in its sole discretion and without notice to you, to pre-screen, review, monitor, flag, filter, modify, refuse or remove any or all Content from the Service, but ALPHACLOUD has no obligation to do so. You agree to immediately take down, delete or modify any Content that is stored by you through the Service that violates these Terms or any applicable laws, rules, or regulations, including pursuant to a take down, deletion or modification request from ALPHACLOUD. In the event that you elect not to comply with a request from ALPHACLOUD to take down, delete or modify certain Content, ALPHACLOUD reserves the right to directly take down, delete or modify such Content. ALPHACLOUD assumes no liability or responsibility arising from your activities in connection with the Service, including, without limitation, Content that you store or otherwise use in connection with Service.

9.3 ALPHACLOUD claims no ownership or control over your right, title and interest in your Content. You retain copyright and any other intellectual property and other proprietary rights you already hold in your Content, and you are solely responsible for protecting those rights, as you deem appropriate. By submitting, storing, displaying, or otherwise using your Content in connection with the Service, you hereby grant ALPHACLOUD a worldwide, royalty-free, fully-paid-up, non-exclusive license to reproduce, perform, modify, display, distribute, and otherwise use such Content for the purpose of enabling ALPHACLOUD to provide the Service to you, including, without limitation, storing and retrieving the Content, making the Content available through the Service, adapting the Content for technical display and transmission, conforming the Content to the limitation and terms of the Service, and any other use related to the maintenance, provision and improvement of the Service.

9.4 ALPHACLOUD will not disclose any of your Content, except: (a) if you expressly authorize us to do so in connection with your use of the Service; (b) as necessary to provide the Service to you; or (c) to comply with the request of any governmental or regulatory body, subpoenas or court orders, or as otherwise required by applicable law, rule or regulation. If we receive a subpoena, court order, or other request from a governmental or regulatory body requesting the disclosure of any of your Content, we will use good faith efforts to provide you with reasonable notice to allow you to seek a protective order or other appropriate remedy (except to the extent ALPHACLOUD’s compliance with the foregoing would cause it to violate a court order or other legal requirement).

10. Feedback

10.1 If you send or transmit any communications or materials to ALPHACLOUD by mail, electronic mail, telephone, or otherwise (“Feedback”), suggesting or recommending changes to our Site or Service, including without limitation, new features or functionality relating thereto, any comments, questions, suggestions, or the like, all such Feedback are, and will be treated as, non-confidential and non-proprietary. This means that you give up any claim that the use of such Feedback by ALPHACLOUD or its agents, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way ALPHACLOUD uses such Feedback.

10.2 You hereby assign all right, title, and interest in, and ALPHACLOUD is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that ALPHACLOUD is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

11. Exclusion of Warranties

11.1 YOUR USE OF THE SITE AND SERVICE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THE SITE AND SERVICE ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. ALPHACLOUD, ON BEHALF OF ITSELF, AND ON BEHALF OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD PARTY SERVICE PROVIDERS, AND ALPHACLOUD’S AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, (COLLECTIVELY, THE ”GOOD PARTIES”): (A) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT WARRANT THAT THE SERVICE, OR DATA PROVIDED THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS, OR THAT ITS OPERATION WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE.

11.2 THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND ALPHACLOUD. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALPHACLOUD OR ANY PERSON ON BEHALF OF ALPHACLOUD SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.

11.3 NOTHING IN THESE TERMS, THIS SECTION 11, OR SECTION 13 BELOW, SHALL EXCLUDE OR LIMIT ALPHACLOUD’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

12. Limitation of Liability

12.1 SUBJECT TO SECTION 11.3 ABOVE, IN NO EVENT WILL ALPHACLOUD OR ALPHACLOUD PARTIES BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE SERVICE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF ALPHACLOUD OR ALPHACLOUD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

13.1. You hereby agree to indemnify, defend and hold harmless ALPHACLOUD and ALPHACLOUD Parties (each an ”Indemnified Party”), from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the Indemnified Party(s) in connection with any actual or alleged claim arising out of: (a) your or your sub-licensee’s use of the Service; (b) any breach or alleged breach by you of these Terms; (c) any Feedback or Content provided by you; (d) any breach or alleged breach by you of a third party’s rights, including, without limitation, any intellectual property, privacy or publicity rights; (e) any damage caused by or alleged to have been caused by you to the Site or Service; or (f) any actual or alleged violation or non-compliance by you with any applicable law, rule or regulation, including, without limitation, the applicable spam laws.

13.2. Counsel you select for defense or settlement of a claim must be consented to by ALPHACLOUD and/or the Indemnified Party(s) prior to counsel being engaged to represent you and ALPHACLOUD and/or the Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required, and provide such information as reasonably requested, by the Indemnified Party(s) in the defense or settlement of any claim. ALPHACLOUD and/or the Indemnified Party(s) reserves the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of ALPHACLOUD or any Indemnified Party(s) without the prior written consent of ALPHACLOUD and/or the Indemnified Party(s).

 14. Changes to Service

14.1. ALPHACLOUD is constantly striving to provide the best possible experience for its Service users. You acknowledge and agree that the form and nature of the Service which ALPHACLOUD currently provides may change from time-to-time without prior notice to you.
Changes to the form and nature of the Service will be effective with respect to all versions of the Service. Examples of changes to the form and nature of the Service include, without limitation, changes to fees and payment policies, security patches, additional functionality, reduced functionality, and other enhancements.

14.2. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the APITemplate.io site or the Service itself.

14.3. The Service shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

15. Termination of Service

15.1. You are solely responsible for properly canceling your account. Please email hello@apitemplate.io to request cancellation. Your account is not considered cancelled until you receive a confirmation email from us.

15.2. All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all data will be permanently deleted from all backups and logs. This information can not be recovered once it has been permanently deleted.

15.3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.

15.4. The Service, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Service reserves the right to refuse service to anyone for any reason at any time.

15.4. ALPHACLOUD reserves the right in its sole discretion to cease or suspend providing all or any part of the Service immediately without any notice to you, if: (a) you breach, or threaten or intend to breach, these Terms; (b) your usage to our platform was only limited on storing files; (c) you test ALPHACLOUD for vulnerabilities or load-testing or any other cause which is not related to its definition without agreement with us for these types of usages; (d) ALPHACLOUD is required to do so under any applicable law, rule or regulation, including, without limitation, the applicable spam laws; (e) the Service relies on data, services or another business relationship between ALPHACLOUD and a third party service provider, and such relationship terminates or changes in such a way that affects ALPHACLOUD’s ability to continue providing the Service; (f) continuing to provide the Service could create a substantial economic burden on ALPHACLOUD as determined by ALPHACLOUD in its sole discretion; or (g) continuing to provide the Service could create a security risk or material technical burden as determined by ALPHACLOUD in its sole discretion.

15.5. If your use of the Service is terminated or suspended, except to the extent prohibited by any applicable law, rule or regulation, you will immediately lose access to, and the ability to export, your Content.

15.6. Any of your obligations under these Terms which by their nature are intended to survive the termination of your use of the Service, shall continue to apply to you after you cease to use the Service.

15.7. ALPHACLOUD may notify the relevant law enforcement authorities or other third parties, of any illegal or other prohibited conduct by you, including, without limitation, your violation of these Terms or unauthorized use of the Site or Service.

15.8. In the event ALPHACLOUD decides to stop offering any or all Services, ALPHACLOUD shall provide a notice in writing or email to you of not less than sixty (60) days.

16. Governing Law and Venue

16.1. These Terms will be construed and enforced in all respects in accordance with the laws of Singapore without reference to its choice of law rules. Except as set forth below in Section 16.2, the courts seated in Singapore shall have sole and exclusive jurisdiction for all purposes in connection with any action or proceeding that arises from, or relates to, these Terms and you hereby irrevocably waive any objection to such exclusive jurisdiction; provided however, that ALPHACLOUD may seek to enforce any judgment in its favor in any court of competent jurisdiction.

16.2. Notwithstanding the foregoing, ALPHACLOUD may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its proprietary and other rights. You agree that your breach of these Terms may result in immediate and irreparable damage to ALPHACLOUD for which there is no adequate remedy at law.

16.3. Any cause of action arising under these Terms must be commenced by you within one (1) year after the claim or cause of action arises.

17. Third-Party Websites

17.1. The Site and Service may provide links to other websites and hosting servers that are not owned or operated by ALPHACLOUD (“Third Party Websites”). ALPHACLOUD provides these links to you as a convenience only, and ALPHACLOUD does not verify, make any representations concerning, or take responsibility for, such Third Party Websites, or the products or services offered through such third party websites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content of, or activities conducted on, such Third Party Websites. You should use your own independent judgment before accessing and using such Third Party Websites, or products or services offered through such third party websites.

17.2. These Terms and the Privacy Policy do not apply to such Third-Party Websites, and you should review such Third Party Websites’ privacy policies, terms and conditions and business practices as they may be different to those of ALPHACLOUD and it is your sole responsibility to comply with such terms. Your dealings and communications with any third party in connection with the Third Party Websites are solely between you and such third party.

18. Miscellaneous Legal Terms

18.1. These Terms, the Privacy Policy, together constitute the entire agreement between you and ALPHACLOUD with respect to the Service (excluding any services which ALPHACLOUD may provide to you under a separate written agreement), and completely supersedes, cancels and replaces any and all other written or oral agreements or understandings previously existing between you and ALPHACLOUD with respect to the Service.

18.2. The failure of ALPHACLOUD to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.3. If any part of these Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms, and the other parts will remain in full force and effect.

18.4. Any notice or other communications by ALPHACLOUD relating to the Service may be made by letter, e-mail or posting on the Site, and you hereby consent to receive notices and other communications in electronic form to the extent permitted by applicable law.

18.5. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each Indemnified Party shall be a third-party beneficiary hereunder and accordingly, shall be entitled to directly enforce and rely upon any provision of these Terms that confers a right or remedy in favor of it.

18.6. ALPHACLOUD may assign or transfer its rights, or delegate any performance, under these Terms to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under these Terms to any third party without in each and every case, ALPHACLOUD’s express prior written consent.

18.7. ALPHACLOUD will not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of the common enemy, earthquake, fire, flood or other acts of God, the elements, epidemics, labor conditions, power failures, and Internet disturbances.

18.8. ALPHACLOUD may take any legal action against you to enforce these Terms or to prevent the breach of these Terms, including, without limitation, seeking equitable remedies or using technical means at its disposal. In addition to any other legal, equitable or technical rights and remedies that it may have, ALPHACLOUD may without limitation, immediately terminate or suspend your use of the Service and access to your Content, if ALPHACLOUD believes in its sole discretion that you are violating these Terms, or that you intend to do so.

18.9. ALPHACLOUD may add to, change or remove any part, term or condition of these Terms or Privacy Policy at any time without prior notice to you. It is your responsibility to check these Terms and Privacy Policy periodically for changes. By continuing to use the Service, you are indicating your acceptance of such changes. However, we will provide written notice to you of any significant changes to these Terms or Privacy Policy (including notices posted on the Site or sent to your registered e-mail address).

19. Questions

If you have any questions about this website or these Terms of Use, please contact us at: hello@apitemplate.io.

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