1. Formation and Amendment of Agreement
By checking an acceptance box, completing registration, submitting an order, making payment, or otherwise actually using the services, you enter into a legally binding contractual relationship with CALMVPS (referred to as "we" or "us").
We may revise these terms from time to time; revised terms will be published on the website or console with the effective date noted.If you continue to use the services after the effective date, you are deemed to have accepted the revisions; if you do not agree, your sole remedy is to stop using the services and settle any outstanding fees.If a revision materially and adversely affects your core rights, we will provide additional notice to the extent feasible and as required by law.
2. Service Description
CALMVPS provides customers with Apple Silicon bare-metal server rental, network connectivity, and related orchestration and technical support services. Specific specifications, availability zones, delivery timelines, and features are governed by the order page, console display, and written confirmation between the parties.
We reserve the right to adjust, upgrade, replace, temporarily suspend, or permanently discontinue certain features or nodes based on reasonable business judgment,including but not limited to maintenance, security incidents, supply chain changes, or legal and regulatory requirements. If such changes materially affect the core availability of a paid subscription, we will address the matter in accordance with our published SLA or remediation policy (if any); except as otherwise required by law, we do not guarantee uninterrupted or error-free service.
3. Accounts and Credentials
You must provide true, accurate, and complete registration information and keep it updated. You are responsible for all activities under your account, including actions of authorized team members. You must keep passwords, API keys, SSH keys, and other credentials secure; any losses resulting from inadequate safeguarding are your sole responsibility.
If we detect a security risk or suspected violation of these terms in connection with an account,we reserve the right to restrict login, suspend resource access, or freeze the account without prior notice,and to cooperate with investigations within reasonable limits.
4. Orders, Billing, and Payment
Prices are as displayed on the order page at the time of purchase; tax rules are applied in accordance with applicable tax law and invoice policies. Unless otherwise agreed, fees are charged on a prepaid or periodic billing basis;in the event of non-payment, we reserve the right to suspend or terminate services and delete instance data (within the scope permitted by backup and retention policies), without liability for any resulting indirect losses.
You acknowledge that payment processing may be handled by third-party payment institutions and that you must also comply with their service agreements. Any shortfall or failure resulting from exchange rate fluctuations, bank fees, or payment channel chargebacks shall be resolved between you and the payment institution under their terms.
Except where mandatory refund provisions apply by law,fees paid are non-refundable in principle; underutilization of resources during a subscription period does not constitute a breach by us, nor does it automatically credit future fees.
5. License Scope and Use Restrictions
Subject to your compliance with these terms and applicable law, we grant you a non-exclusive, non-transferable, revocable, limited right to access and use the ordered services.
You may not (and may not allow any third party to):
- Use the services for illegal, fraudulent, harassing, infringing, or export control- and sanctions-violating activities;
- Scan, intrude, or interfere with other customers or our networks and systems without authorization;
- Send spam, operate mass-mailing operations, cryptocurrency mining, or other workloads clearly inconsistent with our published resource use purposes that harm platform stability (unless we have granted written permission);
- Reverse-engineer or circumvent billing or security mechanisms, or sublease or resell services to our competitors for the same type of commercial operations without disclosure;
- Upload or store malicious code, illegal content, or data that infringes third-party intellectual property.
We reserve the right to establish and update an Acceptable Use Policy (AUP) and fair use traffic rules; violators may be throttled, suspended, or terminated without refund.
6. Your Content and Data
Intellectual property rights in data you store, process, or transmit within your instance ("Customer Content") belong to you or the rights holder. To enable your use of the services, you grant us a worldwide, royalty-free, non-exclusive license to host, back up (if applicable), transmit, and process Customer Content pursuant to your instructions.
After lease expiration, termination due to non-payment, or suspension of services by us under these terms,you must complete data export within any applicable grace period; data not exported by the deadline may be deleted or irreversibly erased pursuant to our internal policies, and we are not liable for resulting business losses.
7. Intellectual Property
Software, documentation, trademarks, interface designs, and underlying orchestration technology contained in the services belong to us or our licensors. No rights are granted to you beyond those expressly stated in these terms.
8. Disclaimer of Warranties
To the maximum extent permitted by law, services are provided "as is" and "as available."We make no express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.You are solely responsible for the legality of Customer Content and for your own backup and recovery strategies.
9. Limitation of Liability
Under no circumstances shall we or our affiliates, directors, employees, or suppliers be liable for indirect, incidental, special, or punitive damages arising from these terms or the services, including lost profits, data loss, reputational harm, or business interruption.
Our total liability to you for any claim (whether in contract, tort, or otherwise)is capped at the total fees you have actually paid us for the relevant services in the twelve (12) months preceding the claim; if no fees were paid during that period, the cap is CNY 100. The foregoing limitations do not apply to personal injury or death caused by willful misconduct or gross negligence, or to liability that cannot be excluded by law.
10. Indemnification
If we suffer any claims, losses, or costs (including reasonable attorney fees) arising from your Customer Content, your breach of these terms, or your infringement of third-party rights, you agree to defend and fully indemnify us, unless such claims are solely attributable to our fault.
11. Suspension and Termination
In addition to other remedies in these terms, we may suspend or terminate services in the following circumstances: (a) your material or repeated breach; (b) legal, regulatory, or compliance requirements; (c) your entry into bankruptcy or similar proceedings.
Upon termination, provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) shall continue in full force and effect.
12. Force Majeure
We are not liable for delay or failure to perform during events beyond our reasonable control, including but not limited to natural disasters, war, strikes, critical utility outages, government actions, backbone network failures, or supplier defaults.
13. Export Compliance
You undertake to comply with applicable laws and regulations in the People's Republic of China and other jurisdictions regarding export controls, sanctions, and cross-border technology transfers. You must not allow any restricted person or restricted use to benefit from our services.
14. Governing Law and Dispute Resolution
The formation, validity, interpretation, and performance of these terms are governed by thelaws of mainland China(excluding conflict of laws rules).
Disputes arising from these terms or the services shall first be resolved through friendly negotiation; if unresolved,either party may bring an action before a competent People's Court at the location of CALMVPS' principal place of business(unless mandatory consumer protection law provides an exclusive jurisdiction arrangement).
15. Miscellaneous
These terms, together with any order, SLA summary (if any), and the Privacy Policy, constitute the entire agreement between the parties regarding the services and supersede all prior oral or written negotiations. If any provision is found invalid, the remaining provisions continue in full force. Failure to exercise a right does not constitute a waiver. You may not assign rights or obligations under these terms without our written consent; we may assign rights and obligations to affiliates or merger successors.
Important: Please read these terms and the Privacy Policy carefully before placing an order or making a payment. If you have any questions, please consult your legal counsel or our support team via ticket first.