By accessing or using NgBaiyun's cloud infrastructure platform ("Services") at ngbaiyun.com, you agree to be bound by these Terms and Conditions ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
If you do not agree to these Terms, you may not use the Services.
To use the Services, you must create an account with accurate, current, and complete information. You are responsible for:
You must be at least 18 years old and have full legal capacity to enter into these Terms.
NgBaiyun grants you a limited, non-exclusive, non-transferable right to access and use the Services solely for your internal business purposes and in accordance with these Terms and the Documentation.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice, except where immediate action is required for security or legal reasons.
You agree not to use the Services to:
Violation of this section may result in immediate suspension without refund.
You retain all ownership of and responsibility for your Customer Data. You grant NgBaiyun a limited licence to process Customer Data solely to provide the Services.
NgBaiyun will not access Customer Data except as necessary to provide the Services, respond to support requests, or as required by law. Our data processing activities are governed by our Data Processing Agreement, available at info@ngbaiyun.com.
Fees are calculated based on actual resource consumption and billed monthly in arrears unless otherwise stated. You authorise NgBaiyun to charge your payment method on file at the end of each billing cycle.
Usage overages above any committed plan limits will be charged at published on-demand rates. You are responsible for monitoring your resource usage. All fees are non-refundable except as required by law or stated in our SLA credits policy.
We reserve the right to suspend access for non-payment after 10 days' notice.
NgBaiyun and its licensors retain all right, title, and interest in the Services, platform, software, and Documentation. These Terms do not grant you any ownership rights in the Services.
You retain all intellectual property rights in your Customer Data and any applications you build using the Services.
NgBaiyun provides a 99.99% monthly uptime SLA for core compute, storage, and network services. In the event of a breach, customers are eligible for service credits as follows:
Credits must be requested within 30 days of the incident and are the sole remedy for uptime failures. The SLA does not apply to downtime caused by Customer actions, force majeure, or scheduled maintenance.
Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or reasonably should be understood to be confidential. This obligation does not apply to information that: (a) becomes publicly known without breach; (b) was known before disclosure; (c) is independently developed; or (d) must be disclosed by law.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NgBaiyun does not warrant that the Services will be uninterrupted, error-free, or that all defects will be corrected.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NGBAIYUN'S TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM.
IN NO EVENT SHALL NGBAIYUN BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless NgBaiyun and its directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your Customer Data; (c) your violation of these Terms; or (d) your violation of applicable law.
These Terms begin when you create an account and continue until terminated. Either party may terminate with 30 days' written notice. NgBaiyun may terminate immediately for material breach of these Terms, including Acceptable Use violations.
Upon termination, your access to the Services will cease and NgBaiyun will delete your Customer Data within 30 days. You may export your data prior to termination using the platform export tools.
These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles. Disputes shall be resolved in the courts of San Francisco County, California. EU and UK customers retain the benefit of mandatory local consumer protection laws.
We may update these Terms at any time. Material changes will be communicated by email and dashboard notice at least 30 days before taking effect. Continued use after the effective date constitutes acceptance. If you disagree, you may terminate your account before the change takes effect.
Legal queries and contract notices should be directed to:
Reach our legal team at info@ngbaiyun.com.