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PingCAP Clinic Service Agreement

Last updated on June 27, 2022

Before downloading or using the software accompanying this Agreement, please read the following terms and conditions carefully (especially the content in bold). By using the software or clicking the "I Accept" or a similar button, you agree with the terms of this Agreement and to use the software only subject to the clauses and conditions below.

This PingCAP Clinic Services Agreement (hereinafter referred to as this "Agreement") is an agreement between by PingCAP and its affiliates (hereinafter collectively referred to as "PingCAP", "we", "our" or "us") and all entities (including but not limited to enterprises, other organizations and teams) using PingCAP Clinic services (hereinafter referred to as "users") for the use of PingCAP Clinic services and other related services. This Agreement applies to all PingCAP Clinic services provided by PingCAP, including upgrades and updates of various services and software used by users. You agree that PingCAP's general terms shall apply to this Agreement and your use of all PingCAP Clinic services unless otherwise provided in this Agreement. If there is any conflict between the terms of this Agreement and PingCAP's general terms, the terms of this Agreement shall prevail.

You warrant that you are at least eighteen years old and have the legal capacity to sign this Agreement. If you are signing this Agreement on behalf of any company, organization or other entity, (a) the reference to "you" in this Agreement also refers to that company, organization, entity or its affiliates; (b) you represent and warrant that you are duly authorized by the company, organization, entity or its affiliates to accept the terms and conditions set forth in this Agreement; (c) you do not need another third party authorization to sign and perform this Agreement; and (d) signing and performing this Agreement will not violate other agreements you have signed or applicable laws and regulations. If you do not agree with any of the terms of this Agreement or have not been authorized to sign this Agreement, you must immediately stop using PingCAP Clinic services and other related services, and cancel and delete all relevant copies.

In the event of any breach of this Agreement by you, PingCAP has the right to unilaterally take measures such as restricting, suspending or terminating PingCAP Clinic services and other related services at any time in accordance with your breach, and has the right to pursue your relevant liabilities.

Service content and usage instructions​

  1. PingCAP Clinic services are a cloud diagnostic service platform that provides TiDB database cluster diagnostic data upload, storage, display and smart analysis. PingCAP Clinic services do not automatically upload or provide data to PingCAP, and PingCAP does not modify or edit the content uploaded by users.
  2. PingCAP Clinic services only receive the upload of TiDB cluster diagnostic data collected, packaged and encrypted by the Clinic client side. For uploaded data that does not meet the specifications, it will be deleted immediately and not be saved.
  3. Users shall not abuse PingCAP Clinic services, and shall not package data collected by non-Clinic client side into data packets, or disguise diagnostic data for data upload. PingCAP Clinic services provide storage and sharing services for the diagnostic data and/or information uploaded by users, and cannot control the content transmitted through the services, nor can fully control the user's usage behaviors, so the legality, correctness, integrity and/or authenticity of the content cannot be guaranteed or qualified.
  4. If the user's use of PingCAP Clinic services does not comply with this Agreement, PingCAP has the right to make independent judgments when discovered through notices, reports or the like, and has the right to immediately terminate a part or all of the services to users without prior notice to the user.

Technical Preview Special Terms​

  1. "Technical Preview" refers to the stage between the launch of PingCAP Clinic services and the official release of the GA version of PingCAP Clinic services. We will make our best efforts to ensure the safe storage of data. The data uploaded by users during the Technical Preview stage may no longer be available after the official version is released.
  2. We do not commit to service availability standards during the Technical Preview. We will update the background program of the service from time to time, and user operations that occur during the update process may fail.
  3. In the Technical Preview stage, if a user does not log into PingCAP Clinic services within 60 days after a successful registration, PingCAP has the right to empty the data in the user's accounts depending on specific situations with or without a prior notice. The users hereby acknowledge, and shall be responsible for any consequences caused by the data being emptied at their own perils, and PingCAP will not provide any data recovery services to the users.

Privacy Protection​

  1. Subject to this Agreement, PingCAP's use of any user's data, if any, collected by PingCAP Clinic services is governed by the PingCAP Privacy Policy, which is currently located at: https://en.pingcap.com/privacy-policy. Your use of PingCAP Clinic services indicates that you agree to PingCAP's practices described in the PingCAP Privacy Policy.
  2. Uploaded diagnostic data. The main purpose of PingCAP Clinic services is to assist users in diagnosing TiDB cluster problems and ensure the stable operation of the TiDB cluster. Therefore, once you choose to actively upload data to PingCAP, you also agree and authorize PingCAP and its employees to transmit, store, copy, and process the diagnostic data uploaded by you for the purposes of assisting in diagnosis, and agree and authorize PingCAP to entrust reliable suppliers (such as AWS) to assist PingCAP in transmitting, storing, copying, and processing the diagnostic data uploaded by you for the aforementioned purposes.
  3. Information sharing. You can actively choose to share diagnostic data stored on PingCAP Clinic services with others (non-PingCAP staffs). You know and acknowledge that when you share information publicly, the diagnostic data uploaded by you will be viewed by others, and PingCAP has no right to require the others to delete the diagnostic data. If you no longer need to share, you can stop sharing it with others at any time.
  4. Except for reliable suppliers who provide services to PingCAP, PingCAP will not disclose or provide any third parties with the non-public content stored by users on PingCAP Clinic services, unless there are the following situations: a. relevant laws, regulations or legal service procedures of PingCAP Clinic services; b. in an emergency, in order to safeguard the rights and interests of users and the public; c. in order to protect PingCAP trademark rights, patent rights and any other legitimate rights and interests; or d. other situations where it is necessary to disclose, edit or disclose personal information according to law.

Intellectual property rights​

  1. The patent rights, trademark rights, copyrights or other intellectual property rights respectively owned by each party in this Agreement shall be solely owned by each party. Neither party shall transfer or co-own the patent rights, trademark rights, copyrights or other intellectual property rights to or with the other party due to the signing or performance of this Agreement. "Intellectual Property" includes any and all rights, titles and interests stipulated in patent laws, copyright laws, trademark laws, anti-unfair competition laws and other relevant laws, and any and all applications, updates, extensions and recoveries thereof.
  2. Either party in this Agreement should respect the intellectual property rights of the other party and/or the third party. If a third party questions or complains about the ownership of the intellectual property rights of the relevant materials involved in your use of PingCAP Clinic services, either party in this Agreement shall be responsible for issuing relevant intellectual property certification materials and cooperating with the other party in handling relevant complaints.
  3. If any third party initiates a lawsuit or claims damage against either party for the other party infringing its legitimate rights and interests such as intellectual property rights, the responsible party shall independently handle the relevant disputes and bear the costs and losses, and compensate the other party for the direct economic losses suffered thereby, and exonerate the other party.
  4. Users shall not modify, adapt, translate PingCAP software, technology, materials or the like used by PingCAP Clinic services, or create related derivative works, and shall not obtain their source code through reverse engineering, decompilation, disassembly or other similar acts, otherwise all legal consequences arising therefrom shall be the responsibility of the user. PingCAP will investigate the legal responsibility of the breaching party according to laws.
  5. Users are not allowed to maliciously modify, copy, or distribute software, technologies, materials or the like used by PingCAP Clinic services. Otherwise, the user shall bear the corresponding legal responsibility for any damage to others, or any damage to PingCAP arising therefrom.

Confidential Information​

  1. Either party has provided or will disclose certain Confidential Information for the purposes of this Agreement. The party disclosing the Confidential Information is the "Disclosing Party", and the party receiving the Confidential Information is the "Receiving Party". "Confidential Information" refers to non-public information, information, data, materials, etc. held by the Disclosing Party which is related to its business, operation, technology and rights, including but not limited to business plans, business materials, technological knowledge and information, ideas, proposals, solutions, provided items or manufacturer information, user information, personal information, business plans, service prices and discounts, financial status or similar matters.
  2. The Receiving Party shall keep the confidentiality of the Confidential Information learned from the Disclosing Party and not disclose it to any third parties in any way or use it for purposes beyond the scope of this Agreement without the written consent of the Disclosing Party. The Receiving Party shall treat the Disclosing Party's Confidential Information with the same level of care (and no less than its duty of reasonable care) as the Receiving Party treats its own Confidential Information.
  3. Notwithstanding the foregoing, the relevant information shall not be regarded as Confidential Information under any of the following situations: a. information that the Receiving Party has held through legal channels or methods before disclosing; b. the information is already in the public domain, or the information was disclosed without the Receiving Party's breach of this Agreement; c. information that Receiving Party legally knows from any third parties who have the right to disclose the information and is not obligated to keep it confidential; or D. obtained or developed independently by the Receiving Party without using or referring to any Disclosing Party's confidential information.
  4. If the Receiving Party needs to disclose any Confidential Information of the Disclosing Party in accordance with laws based on the requirements of laws, regulations, or regulatory authorities, it shall not be regarded as a violation of this Agreement; provided, however, that the Receiving Party shall notify the Disclosing Party as soon as possible within the scope permitted by laws. Meanwhile, the Receiving Party shall make efforts to help the Disclosing Party effectively limit the disclosure scope of the Confidential Information and protect the legitimate rights and interests of the Disclosing Party.
  5. The confidentiality obligations of both parties shall continue to be valid during and after the contract term of this Agreement, until the relevant information is no longer confidential.
  6. In the event of a disclosure of Confidential Information, either party shall cooperate to take all reasonable measures to avoid or mitigate the consequences of damage. If the Receiving Party causes damages to the Disclosing Party due to the breach of the confidentiality obligations by the Receiving Party, the Receiving Party shall compensate the Disclosing Party for its direct economic losses incurred due to the breach.

Risks and Disclaimers​

  1. Although we have made enormous efforts to protect your information via PingCAP Clinic Services, we still cannot guarantee the absolute security of your information under the existing security technical measures. Your information may be leaked or stolen due to force majeure or non-PingCAP fault, and you agree that PingCAP can be exempted from relevant liabilities.
  2. You acknowledge and agree that the following situations may be encountered in the process of using PingCAP Clinic services to interrupt the services. When any of the following situations occurs, PingCAP will make commercially reasonable efforts to repair the services in time, but PingCAP will be exempted from any responsibility for losses suffered by you: a. force majeure, including but not limited to unforeseen, unavoidable and insurmountable objective situations such as natural disasters, government actions, promulgation and adjustment of laws and regulations; b. base operator-related reasons, including but not limited to technical adjustment of the telecommunications sector, destruction of telecommunications/power lines by others, installation, transformation, and maintenance of telecommunications networks/power resources by the telecommunications/power sector; c. the occurrence of network security incidents, such as computer viruses, Trojan horses or other malicious programs, hacker attacks; d. your use of PingCAP Clinic services in a manner not authorized by PingCAP, or your operating improperly, or having faults in your computer software, systems, hardware and communication lines; or e. other situations which are not PingCAP's fault and beyond PingCAP's control or not reasonably foreseeable.
  3. Neither party shall be liable for breach of this Agreement due to events beyond the reasonable control of the parties that cause delay in the performance of this Agreement or breach of this Agreement by either party. However, the affected party shall notify the other party as promptly as possible. If this Agreement is terminated pursuant to this clause, neither party shall be liable for breach of this Agreement.
  4. You acknowledge and agree that PingCAP Clinic services are provided in accordance with the status quo that can be achieved with the existing technologies and conditions. PingCAP will do our best to ensure the continuity and security of the services, but PingCAP cannot guarantee that the services provided by PingCAP are flawless. Therefore, even if there are flaws in the services provided by PingCAP, if the flaws are unavoidable by the technical level of the industry at that time, they will not be regarded as PingCAP's breach of this Agreement, and PingCAP will not bear any responsibility. Both parties should cooperate amicably to solve the issues.
  5. Under any circumstances, the total amount of PingCAP's liability to you (whether in accordance with contract, tort or any other theory of liability) based on this Agreement and related orders and PingCAP Clinic services, shall not exceed the total amount you paid to PingCAP within the past twelve (12) months for PingCAP Clinic services that caused your losses. In the event of any conflict or inconsistency between this clause and other clauses between both parties or any applicable PingCAP Clinic service rules, this clause shall prevail.