Aliexpress API Use Agreement

Please carefully read this entire Agreement before using AliExpress Open Platform (“AOP”) services. Your full compliance with all provisions hereof is required. Please carefully read and fully understand the contents of each clause, including in particular but not limited to the clause(s) exempting or restricting the liability of AliExpress, restricting the rights of the Developers and dispute resolution and governing laws. If you have any questions on the clauses herein, you should seek independent legal advice. If you disagree with or do not understand the contents hereof, please do not proceed to use the AOP. By proceeding to use the AOP, you shall be deemed to have fully read and understood the following terms and conditions, you agree and consent to be bound by this Agreement, and you irrevocably waive any challenge to the validity of this Agreement or its terms.

AliExpress API Use Agreement

Updated on: 25 Jan, 2022

Article.1 Background

1.1 In order to regulate the acts of Developers of AOP (referred to as “you” in this Agreement), such acts including but not limited to the use, access and calling of Application Programming Interfaces (“APIs”) through AOP, to specify the rights and obligations of the Developers, to build a standardized, orderly and secure AOP and to protect the legitimate rights and interests of Developers, the parties are agreeable to the terms and conditions of this Agreement as well as among others (and as may be applicable), the Free Membership Agreement, the Terms of Use, Alibaba.com Supplemental Services Agreement and other agreements and rules applicable to the AliExpress Platform as may from time to time be prescribed by AliExpress.

Article.2 Parties

2.1 This Agreement is executed by and between Alibaba.com Singapore E-commerce Private Limited (“AliExpress”) and you as Developer.

Article.3 Binding Agreement

3.1 By clicking the relevant confirmation(s) on the webpage or otherwise, including but not limited to actually using the services of AOP without clicking the relevant confirmation(s) of this Agreement, you shall be deemed to accept all the provisions of this Agreement and have entered into this Agreement with AliExpress. This Agreement shall take effect upon your clicking for confirmation or your use of AOP services, whichever is earlier.

3.2 This Agreement consists of the main body and the Annex hereof and all rules (including business regulations), notices, announcements, etc. that are published or may be published by AliExpress in the future (collectively the “Rules”), including but not limited to AliExpress Terms of Use (please click here for details and Basic Regulations of Open Platform (please click here for details). All the Rules are an integral part of and shall have the same legal effect as the main body of this Agreement. AliExpress has the right to amend and supplement this Agreement and/or the Rules as required from time to time, and may announce such amendment or supplementation through public notice on the website without a separate notice to you. The amendments and supplementations hereto and thereto shall automatically take effect and become a part hereof upon such public notice. If you disagree with any relevant amendment or supplementation, you shall immediately cease your use of AOP services. Your continued use of AOP service following such notice shall be deemed to be your acceptance of the amended or supplemented Agreement and Rules.

Article.4 Definitions

4.1 AliExpress Open Platform (“AOP” or “Open Platform” for short) refers to the platform on which the Developers develop Applications to facilitate themselves or other users on, among others, AliExpress Platform with certain software and supporting materials provided by AliExpress based on the operation of e-commerce business of various types on AliExpress Platform. Through the APIs of the Open Platform, the Developers may call designated functions to access user data provided by AliExpress or authorized by users and/or other data and information from other AliExpress applications, or provide and return data to AliExpress from the Applications. The Open Platform may include but is not limited to one or more APIs, programming tools and documentation.

4.2 Developer refers to any AliExpress member, whether an entity or individual, that has submitted a valid application and met the relevant authentication and data protection requirements to develop Applications based on the Open Platform, and any person who directly develops Applications on the Open Platform.

4.3 End User refers to any AliExpress member, whether an entity or individual, that uses Applications developed by Developers.

4.4 Application refers to any software or service developed by a Developer based on the Open Platform for use by the Developer or others.

4.5 App Key and App Secret respectively refer to the account and key for Application access granted by AliExpress to the Developer when applying for development of Applications. App Key is the unique identifier of an Application, with which AliExpress identifies the Developer. App Secret is the key distributed by AliExpress to an Application, which may guarantee the reliability of the source of such Application under certain technical conditions.

4.6 Basic APIs refers to the APIs of the Open Platform that are open to business of all types such that the Developers may use them freely without making an application. Basic APIs are categorized into free APIs and paid APIs, depending on whether any fee is charged therefor by AliExpress.

4.7 Value-Added APIs refers to the APIs of the Open Platform that are open to business of certain types such that the Developers may not use them unless an application is made and is approved by AliExpress. Value-Added APIs are categorized into free APIs and paid APIs, depending on whether any fee is charged therefor by AliExpress.

The respective scope of Basic APIs and Value-Added APIs is determined on the basis of their functions, security and data value, and may be adjusted from time to time by AliExpress. The Developers are advised to pay close attention to the announcements of AOP and the related API documentation for information on such adjustments.

4.8 AliExpress Platform refers to a business to consumer (or “B2C”) platform provided by AliExpress and/or its affiliates which connects and facilitates sales and purchases between business sellers and consumer buyers. The AliExpress Platform includes but not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator “www.aliexpress.com” and the mobile applications of the AliExpress Platform.

4.9 AliExpress Sellers Service Market refers to a platform provided by AliExpress on which AliExpress members (either as AliExpress sellers, or as service providers) are able to look for counterparties and conduct negotiations on providing services or products, including Applications (URL: sell.aliexpress.com/ or any URL revised from time to time by AliExpress based on business demand).

Article.5 Admission of Developers

5.1 Admission of you to the Open Platform as a Developer is subject to, in addition to the execution of this Agreement, the fulfillment of all the following requirements by you:

(a) You are the registered user of AliExpress Platform;

(b) You have provided and authorized the Open Platform to collect the following information (the “General Information”): your country/region, entry type, company information (company name, certificate of incorporation, registration number, registered address, registered capital, when the company was registered, legal representative, identity number of legal representative), contact information (contact name, contact position, contact details), business scenario and such other information to be filled in on the Open Platform in order to provide the services hereunder;

(c) You have completed the AliExpress Software Developer Data Compliance Assessment Questionnaire or other assessment to be designated by AliExpress from time to time, and the results thereof shall be satisfactory to AliExpress in its sole and absolute discretion. AliExpress shall have the right to request any Developer to re-conduct any questionnaire or other assessment from time to time and reserves the right to remove any Developer failing to meet its requirements from the Open Platform in its sole discretion;

(d) After your completion of other admission procedures prescribed by AliExpress from time to time;

(e) Having agreed to be abound by this Agreement and the relevant Rules.

5.2 You understand and acknowledge that AliExpress may only preliminarily verify the information in the admission materials (if any) and admission information provided or submitted by you in the admission process by relying on the knowledge of ordinary or non-professional personnel, and AliExpress reserves the right to conduct further checks, and request you to supplement and update in a timely manner the admission materials and information. You shall be solely responsible for the truthfulness, legitimacy and effectiveness of the admission materials and information; if AliExpress is of the view that your admission materials and information are fabricated, untrue, inaccurate or invalid, it has the right to immediately terminate this Agreement, revoke your recognition as Developer and enforce relevant measures against you in accordance with relevant Rules.

Article.6 Services Provided by AliExpress

6.1 AliExpress will provide the relevant network environment and technical support for development of Applications by the Developers and/or use of Applications by the End Users, including the development and encapsulation of APIs, data sync, system environment for development and running of Applications and relevant Internet technology service. The technical services and/or Internet space service provided by AliExpress are temporarily free of charge, but AliExpress shall have the right to charge fees in the future upon notice. AliExpress may change, add or reduce the scope of the network environment and technical support provided under this clause at its sole discretion, provided that AliExpress shall notify you of the same via a written notice or website announcement or otherwise reasonably.

6.2 If AliExpress determines in its sole discretion that relevant contents and acts of any Developer are illegal or improper (including by relying on the knowledge of ordinary or non-professional personnel), AliExpress has the right to delete relevant information or stop providing services to such Developer and hold such Developer to be in breach of this Agreement, including where:

6.2.1 AliExpress determines or is informed by a third party that certain Developers or specific matters or functions in relation to an Application may be affected by or are causing material problems; and/or

6.2.2 AliExpress determines or is informed by a user or a third party that an illegal or improper act is committed on the Open Platform, e.g., a Developer has illegally obtained or used user data.

6.3 AliExpress has the right to review, crawl and/or monitor the registration data and transaction activities of Developers, and if it has any concerns or queries about such registration data or transaction activities, it has the right to investigate and require that the Developer provide information and documents relating thereto, to require correction of such data or transactions, and/or to directly intervene in, alter, delete, suspend or terminate such activities or data records.

6.4 With respect to the following information by the Developers regarding AOP, AliExpress has the right to delete or take other restrictive measures against such information without notice to the Developers, including but not limited to information suspected of violating laws or infringing the legitimate interests of a third party, or information in contravention of public order, good custom and social morality or other information deemed inappropriate by AliExpress.

6.5 If AliExpress considers in its sole discretion that there is abnormal activity in connection with a Developer's account, AliExpress may unilaterally suspend such account. If any Developer breaches this Agreement, AliExpress may unilaterally suspend or terminate the usage of services by, and/or the relevant account of, the Developer.

Article.7 Regulations on Usage of Open Platform Service

7.1 The Developer undertakes to comply with the Free Membership Agreement (please click here for details), Alibaba.com Supplemental Services Agreement (please click here for details), Alibaba.com Transaction Services Agreement (please click here for details) and Alipay Service Agreement (please click here for details).

7.2 After the Developer is successfully admitted to the Open Platform, AliExpress will confirm your identity based on your account ID and password. Any account for which Open Platform service is activated can only be used by the relevant Developer. The Developer shall not transfer, lease, lend, leak, or disclose such account in any form to any third party. You shall properly keep the account ID and password confidential and be solely liable for all acts carried out with such account ID and password. You undertake to notify AliExpress immediately if your password or account ID is used without authorization or in case of any other security incident and you agree and acknowledge that unless the account is stolen due to the fault of AliExpress, AliExpress will not be liable for any direct or indirect loss or damage caused or suffered by you under such circumstances.

7.3 The Developer represents and warrants that it will comply with the following requirements when using the Open Platform service:

7.3.1 it will not reproduce, mimic, modify, tamper, translate, adapt, lend, sell, sub-license or distribute in the information network or transfer the Open Platform service and/or relevant software, or reverse engineer, decompile, disassemble, decompose, circumvent and dismantle or otherwise attempt to discover the source code of the Open Platform service/software, or create derivative works without express permission;

7.3.2 it will not distribute, sell, resell, lease, license, sub-license or otherwise provide the information of the Open Platform or any user to any third party (including copying and/or storing the information of the Open Platform or user in any way and making it accessible to any third party);

7.3.3 it will not act in such way as to avoid, circumvent, or disable the operation of or modify the statistics tools of AliExpress;

7.3.4 it will not send or store data containing viruses, worms, Trojan horses or other harmful computer codes, files, scripts or programs;

7.3.5 it will not take advantage of the resources and services provided by AliExpress to upload, download, store or publish any information or content that violates laws and regulations, infringes rights, or that is obscene, pornographic, immoral, fraudulent, defamatory (including business defamation), or that illegally intimidates or harasses others, or provides any convenience (including but not limited to setting URLs, or banner links) for others or enables others to publish such information;

7.3.6 it will not infringe the legitimate rights and interests of AliExpress and/or its affiliates or any third party;

7.3.7 if the Open Platform service involves usage of licensed third-party software, it agrees to be bound by the relevant license agreements;

7.3.8 it will not commit other violations of laws and regulations or improper acts; and

7.3.9 it shall comply with any applicable policies or regulations in connection with the APIs (including call or rate limits and other usage limitations) as may be prescribed by AliExpress from time to time.

7.4 The Developer represents and warrants that the Application developed and, where applicable, published by it on the Open Platform complies with the following requirements:

7.4.1 the Application shall be legitimate, accurate and complete without any contents that are obscene, pornographic, immoral, fraudulent, defamatory (including business defamation), illegally intimidating or harassing;

7.4.2 the Application shall not infringe the legitimate rights or interests of any third party, including but not limited to the intellectual property rights of any third party;

7.4.3 the Application will not violate any laws, regulations, decrees or ordinances (including but not limited to laws, regulations, decrees or ordinances regulating Internet websites, Internet information or unfair competition);

7.4.4 the Application will not contain any type of malicious computer programs or virus, or disturb or attempt to disturb in any way the normal operation of the Open Platform, Applications of other Developers or any part or function thereof;

7.4.5 the Application will not directly or indirectly link to the following content: (1) any commodity or service prohibited by laws, regulations, decrees or ordinances; or (2) any commodity or service which the Developer has no right to link to or contain.

7.5 If the Application developed and, where applicable, published by the Developer, or used by an End User needs to collect or use user data, the Developer agrees to the following conditions and/or ensures its End Users agreeing to:

7.5.1 the Developer or End User must obtain prior consent from the relevant user and shall inform the user of the purpose and scope of relevant data collection, usage, disclosure and processing of such data so as to guarantee the information right of users;

7.5.2 the Developer or End User shall not request, collect, solicit or otherwise obtain from any user the access to his or her AliExpress account ID, password or other identification credentials, or provide proxy identification credentials for any user to automatically log in to AliExpress, or provide any “tracking” function, including but not limited to identifying any activities of reading or operation by other users on the documentation of the Application;

7.5.3 the Developer or End User shall not use App Keys or the relevant authority of other Developers or End Users to obtain user data on AliExpress Platform;

7.5.4 the Developer or End User shall only obtain data required for running the Application and realizing its functions. The user data collected by the Developer or End User in a specific Application may only be used in that specific Application. The Developer or End User shall not transfer, store or use the user data collected by it out of that specific Application, or sell, transfer or use the user data for any purpose other than that specific Application;

7.5.5 the Developer or End User shall provide the users with a method of accessing, correcting or deleting user data, and ensure that the user may complete the access, correction or deletion by such method when the user wishes to delete its user data and relevant data are completely deleted;

7.5.6 AliExpress has the right to restrict or prevent the Developer or End User from obtaining user data and operation data of the Open Platform and determine at its sole discretion the term of storage of relevant data. If AliExpress believes that the way the Developer or End User uses user data or the purpose or scope of data collection may affect users’ experience, infringe users’ interests, breach applicable data protection laws, regulations and/or guidelines or is not for the purpose of running the Application or realizing its functions, AliExpress has the right to request the Developer or End User to immediately delete relevant data and impose obligations not to use, store or collect data in such manner again;

7.5.7 once any user unsubscribes or stops using the Application of the Developer, the Developer or End User must immediately delete all data obtained from such user; and AliExpress has the right to directly delete the data without notice to the Developer or End User for the purposes of data security.

7.6 The Developer agrees that all rights in the operation data (including but not limited to user registration information and user data generated from using Applications) of the Open Platform shall vest in AliExpress. The Developer undertakes that without prior written approval from AliExpress, it shall not store, use or authorize others to use the foregoing operation data for any purpose. If with written consent from AliExpress, the Developer may use such operation data, such Developer shall be solely responsible for how it uses such data.

7.7 If the Developer or End User illegally obtains or improperly uses relevant data in violation of laws and regulations or provisions herein, AliExpress has the right to immediately terminate this Agreement, delete relevant data that have been obtained by the Developer or End User or remove the Application or take other measures, and the foregoing measures may be taken at the same time. The Developer or End User shall assume all liability in its own name and shall compensate AliExpress, users or any third party for any and all loss or damage in connection with the same.

7.8 The Developers agree to receive emails, mails or messages from AliExpress and its affiliates, provided that, where applicable, consent has been obtained in the manner prescribed by the relevant applicable law.

7.9 After you are admitted to the Open Platform and become a Developer, and when you apply for publishing or using a new Application, you may obtain a unique App Key and App Secret for such Application. Where applicable, the Developer agrees to lawfully obtain the App Key and App Secret through the channel provided by the Open Platform. The Developer shall be solely responsible for the confidentiality of App Key and App Secret. The Developer agrees that it will not use the App Key or App Secret of any other Developer, or sell, transfer, sub-license or otherwise disclose its App Key or App Secret to any third party at any time. The Developer agrees to immediately notify AliExpress when it discovers or suspects any unauthorized use of its App Key and App Secret. AliExpress will not be liable for all usage of the App Key and App Secret of Developers, including but not limited to any unauthorized access, alteration or deletion, damage, corruption, loss or failure in storage.

7.10 The Developer shall not state or imply that AliExpress has participated in the development of, sponsored, endorsed, is associated with, or recognized the Application of the Developer , including but not limited to using any variations, abbreviation or misspelling of AliExpress’ or the Alibaba Group’s trademarks, logos and/or service marks, such as “阿里巴巴”, “淘宝”， “阿里”， “Alibaba”, “AliExpress” or AliExpress's affiliates in the name or URL to the left of the top level domain of the Application of the Developer .

Article.8 Transactions of Applications

8.1 The Developers s expressly understand and agree that before they formally grant a license to End Users to use the Application, or use the Application themselves (as the case may be), they shall execute a Software License Agreement with the relevant counterparty and perform such agreement in strict accordance with its terms.

8.2 Description of Applications: the text description, pictures and/or photos provided by the Developer for display on the Open Platform or the AliExpress Sellers Service Market can be: (1) descriptions of the Application which the Developer lawfully owns and intends to trade; or (2) descriptions of any application for which the users are looking for. The Developer may publish Application description of either type or both types stated above through the Open Platform, provided that the Developer must obtain consent from AliExpress and correctly categorize description of such Application. AliExpress will not be responsible for the accuracy or content of description of Applications.

8.3 To clarify, the AliExpress Sellers Service Market only provides a place that Developers display the Applications and is not (and is not intended to be) involved in the transaction of the Applications between Developers and End Users. Any dispute arising from the End Users’ usage of the Applications and paid services provided by Developers shall be settled by the End Users and the Developers on their own through consultation, for which AliExpress will not be liable.

Article.9 Intellectual Property Rights

9.1 The intellectual property rights (including but not limited to trademark rights, patent rights, copyright, rights in trade secrets) in or to AOP as well as all the contents on AOP (including but not limited to works, pictures, archives, news, data, website architecture, website layout and web design, as well as any feedback (including suggestions, comments, improvements) provided by you in relation to AOP and/or the APIs) shall be owned by AliExpress or other right owners. Except as expressly provided herein and save with written consent from AliExpress or other right owners, no person (including Developer or End User) shall use, modify, copy, distribute, alter, spread, issue or publish any intellectual property, program or content of AliExpress.

9.2 All rights in or to the operation data of AOP shall vest in AliExpress. The foregoing operation data includes but without limitation any user registration information and user data generated from using Applications. Without prior written consent from AliExpress, the Developers and the End Users shall not store, use or authorize the usage of the foregoing operation data for any purpose.

9.3 Pursuant to the terms and conditions herein, AliExpress grants the Developer a limited, non-exclusive, revocable (at any time) and non-sub-licensable license to access user information provided by AliExpress or authorized by users themselves, only when the Developer visits and uses the Open Platform for development, testing and display of its Applications, and, with regard to Developers, to allow other users of the AliExpress Platform to access the Developer's Applications; provided, however, that AliExpress has the right to restrict, bind or prohibit the Developer, End User or other users of the AliExpress Platform to access the Applications with or without prior notice to the Developer.

9.4 The Developer shall own the Application created thereby and all rights, titles or interests therein, including but not limited to intellectual property rights that belong to the Developer (except for the intellectual property rights of AliExpress). By submitting or publishing any Applications through the Open Platform, the Developer hereby grants a non-exclusive, fully-paid and royalty-free worldwide license during the period in which the Application is made available through the Open Platform to AliExpress to use, perform, link to, duplicate, sub-license, reformat, revise, delete, add, publicly display, recreate, distribute and execute the Developer's Applications and to store and buffer the same on the servers designated by AliExpress.

9.5 You acknowledge and agree that AliExpress may be independently creating applications, content and other products or services that may be similar to or competitive with your Application and its content, and nothing in this Agreement will be construed as restricting or preventing AliExpress from creating and fully exploiting such applications, content and other items, without any obligation to you.

Article.10 Privacy Notice

10.1 Being a registered user of AliExpress Platform or a Developer of the Open Platform, if applicable, you shall be subject to the AliExpress.com Privacy Policy available at Link.

10.2 For the purpose of this Agreement, you are expected to provide the General Information and such other information as required under section 5.1(c) of this Agreement (collectively, the “Required Information”).

10.3 By using the Open Platform, you hereby consent to AliExpress collection, use and disclosure of personal information governed by the terms of the Privacy Policy and this Article 10 and you warrant that you have obtained all relevant consents and permissions to provide AliExpress with any personal information you input into the Open Platform.

10.4 AliExpress collects and uses the Required Information for the following purposes:

(a) verifying your account registrations, including conducting fraud and security checks in order to approve your admission to the Open Platform;

(b) verifying and monitoring your eligibility as a Developer;

(c) providing/supporting general AOP services;

(d) displaying your company information and/or contact information in the AliExpress Sellers Service Market for End Users to invoke negotiation regarding your Applications.

10.5 AliExpress will only share the Required Information with the third-party service providers (including but not limited to third party rating/reviewing service providers) who will be responsible for the realization of this Agreement and who are under appropriate contractual obligations to protect the Required Information entrusted to them. AliExpress may also share the Required Information with Alibaba group entities and affiliated companies and/or their designated service providers that provide processing services such as software, tools, systems and messaging services for the purposes of this Agreement.

10.6 AliExpress will only store the Required Information for as long as necessary to fulfill the purposes as stated hereunder, after which time AliExpress will delete the Required Information.

10.7 Developers and/or the data subjects have rights concerning their Required Information, including the right to access, rectify or erase their personal data, as well as the right to object (if data processing for the purposes of our legitimate interests) to or restrict the processing of their Required Information. Developers and/or the data subjects also have the right to lodge a complaint about the processing of their personal data with the Supervisory Authority. You shall at no additional cost provide to AliExpress all reasonable and timely assistance (including by appropriate technical and organizational measures) to enable AliExpress to respond to: (i) any request from a data subject to exercise any of its data protection rights; and (ii) any other correspondence, enquiry or complaint received from a data subject, regulator or other third party.

10.8 AliExpress may transfer the Required Information to countries outside of the European Economic Area, including to countries that may not provide the same level of data protection as in your home country. In such cases, AliExpress has taken appropriate steps to ensure that the recipients of Required Information are bound to duties of confidentiality and appropriate contractual safeguards to ensure Required Information will remain protected in accordance with this Privacy Notice – including, where applicable, standard contractual clauses. A copy of those clauses can be obtained by contacting us through the means noted below.

10.9 If a Developers or a data subject has any requests, questions or concerns about the use of the Required Information or this Privacy Notice, please contact our Data Protection Officer at: DataProtection.AE@aliexpress.com.

Article.11 Liability for Breach

11.1 You expressly understand and agree that AliExpress has the right to unilaterally determine the nature of your acts by relying on the knowledge of ordinary or non-professional personnel and take measures regarding your acts according to the results of such determination pursuant to applicable Rules or suspend or terminate the provision of services to you (including suspension or termination of API calls on the Open Platform) without your consent or prior notice to you. AliExpress's measures taken regarding your acts pursuant to relevant Rules will not exempt you from any legal liability that you shall assume.

11.2 In the event that AliExpress incurs or suffers any damages, losses, costs, or claims from any user or third party, or penalties imposed by any administrative authorities arising from your use of the AOP, the API and/or the services provided by AliExpress hereunder, or owing to your breach or violation of relevant laws and regulations, Rules or the provisions hereof, you shall fully indemnify, hold harmless and compensate AliExpress, such user or third party for such damages, losses, costs, claims or penalties, including reasonable attorney's fees.

11.3 To the extent expressly permitted under this Agreement, you may work with service providers as necessary to facilitate your performance under this Agreement but only if you require your service providers to comply with all of the conditions and restrictions of this Agreement. You acknowledge and agree that any act or omission by your service provider(s) amounting to a breach of this Agreement will be deemed a breach by you.

Article.12 Exemption and Limited Liability

12.1 The Developer or End User agrees to solely undertake all risks and consequences in using, developing, operating, supporting and maintaining Applications. AliExpress has no liability or obligation for any inaccurate or incorrect content published on AOP, whether such inaccuracy is caused by users or by any equipment or program used by or connected to the Application.

12.2 AOP and, where applicable, the AliExpress Sellers Service Market only serve as a place for Developers and End Users to look for counterparties and conduct negotiations on transaction of Applications for the purpose of obtaining or using Applications. The execution of this Agreement does not mean that AliExpress becomes a party to any transaction between any End User and the Developer on AOP, for which AliExpress only provides technical service, and does not make any guarantee, express or implied, for the legitimacy or validity of the acts of Developers and End Users, or the authenticity, legitimacy or validity of Applications.

12.3 The Developer expressly understands and agrees that AliExpress will provide its services (including the AOP, its APIs and any associated technical support) on an “as is” and “as available” basis. AliExpress will use its best efforts to provide relevant security measures on the basis of current technologies to safeguard the secure and normal operation of the service; provided however that, due to such factors as computer viruses, malfunction of network communication and system maintenance as well as other force majeure events that may arise, AliExpress hereby expressly disclaims any warranty, explicit or implicit, for the service, including but not limited to the suitability, absence of error or omission, timeliness, availability, security, continuity, accuracy, reliability, and fitness for a particular purpose of the service. AliExpress will not be liable for any damages arising from any of the following, including without limitation damages for loss of profit, goodwill, usage, data or other intangible losses (whether AliExpress has been informed of the possibility of such damages):

12.3.1 use of or failure to use the services provided by AliExpress hereunder;

12.3.2 unauthorized access by any third party or alteration of transmission data or data of users by any third party;

12.3.3 any representations on or any acts in relation to such services by any third party; any other issues in connection with such services not attributable to AliExpress, including negligence;

12.3.4 any possible computer virus, network communication failure or system downtime maintenance.

12.4 In no event will AliExpress be liable for any indirect, consequential, punitive, incidental, special or exemplary damages, including loss of profit caused by the Developer's or End User’s use of the Open Platform, even if AliExpress has been informed of the possibility of such losses.

12.5 Notwithstanding anything to the contrary herein, the maximum aggregate liability and compensation to be undertaken by AliExpress to the Developer will be no higher than the total amount of API technical service fees acquired by AliExpress in the corresponding service term hereunder during the provision of the Open Platform service for a single App Key of the Developer as at the time of occurrence of the relevant breach, which shall be limited to the actual income collected in monetary form and shall not include other benefits. The foregoing “corresponding service term” means the period from the date on which the single App Key of the Developer is first used for the Open Platform service to the date on which AliExpress commits the breach.

Article.13 Termination and Transfer

13.1 This Agreement will be terminated in any of the following circumstances:

13.1.1 Automatic termination: This Agreement shall be terminated automatically and simultaneously upon the termination of the Free Membership Agreement, Alibaba.com Supplemental Services Agreement, the Alibaba.com Transaction Services Agreement or the Alipay Services Agreement executed online by you for any reason whatsoever;

13.1.2 Termination by notice: AliExpress may terminate this Agreement upon 15 days’ prior written notice, without any liability for breach;

13.1.3 Unilateral termination: AliExpress may terminate this Agreement immediately and impose charges on you in accordance with the relevant Rules if:

(a) you breach any undertaking or warranty herein, including without limitation any agreement hereunder;

(b) you violate relevant terms, agreements, Rules and announcements on the AliExpress Platform, resulting in termination of services by the AliExpress Platform; or

13.1.4 If any Developer registers an account and logs in the AOP again directly or indirectly in the name of others upon termination hereof, AliExpress shall be entitled to directly and unilaterally terminate provision of services to such Developer.

13.1.5 If AliExpress, when contacting any Developer through the information provided thereby, discovers that the email provided by such Developer at the time of registration does not exist or is unable to receive emails, and such Developer fails to provide a new email address within three working days after AliExpress notifies such Developer to do so through other means, AliExpress shall be entitled to terminate provision of services to such Developer.

13.1.6 This Agreement may be terminated by AliExpress due to the occurrence or satisfaction of other conditions that may result in termination hereof as set forth in this Agreement.

13.2 Post-Termination:

13.2.1 Upon termination of services, AliExpress is not obliged to keep any information in the original account of any Developer or in connection with such Developer, or forward any information that has not been read or delivered to any Developer, user or third party, and it is not liable to any Developer, or third party for termination of services.

13.2.2 If the services between AliExpress and any Developer are terminated in any manner for any reason whatsoever, AliExpress retains the right to:

(a) keep or not keep such Developer's data and records of previous transaction behavior;

(b) claim against the Developer for any compensation and liability caused by any violation or breach of this Agreement by the Developer prior to termination of services, for which the Developer must be fully and solely liable;

(c) require the Developer to immediately delete all the data it has obtained from the Open Platform, including without limitation user data and operation data of the Open Platform; and AliExpress shall be entitled to directly delete relevant data without notice to the Developer for the purposes of data security.

13.3 Notwithstanding the termination hereof for any reason whatsoever, you must be fully and solely liable for all liability caused due to your acts before the termination hereof; upon termination of this Agreement, AliExpress is not required to continue to provide services to you.

13.4 AliExpress has the right to transfer, assign or novate all the rights and obligations hereunder to any of its affiliates without your prior consent, in which case AliExpress will give you a transfer notice through website announcement or otherwise. You agree that upon any such transfer, unless the terms of such notice indicate otherwise, AliExpress shall be fully released and discharged from all of its obligations hereunder.

Article.14 Notice and Delivery

14.1 All notices from AliExpress to the Developers may be sent through website announcement, email, website message on the AliExpress Platform, SMS or regular letter, any of which shall be deemed as having been delivered to relevant recipients on the date they are sent.

14.2 All notices from the Developers to AliExpress shall be delivered to the mailing address, fax number, email address or other contact information published by AliExpress.

Article.15 Governing Law and Jurisdiction

15.1 The validity, interpretation, modification, performance of this Agreement and the settlement of disputes hereunder shall be governed by the laws of Hong Kong.

15.2 Any dispute arising from execution, performance or interpretation hereof between AliExpress and you shall be resolved by the Parties through friendly negotiations. If such negotiations fail and parties are unable to resolve the matter within thirty (30) days, both you and AliExpress agree to submit to the exclusive jurisdiction of the courts of Hong Kong.