This Service Statement (hereinafter referred to as "this Statement" or "this Agreement") describes your rights, obligations, and responsibilities of using Huawei Cloud services. Please read the clauses carefully and fully understand them, especially those highlighted in bold, which have significant impact on your rights, including but not limited to, limitations and exclusions of liability.

You hereby understand and agree that by using any service in this Agreement, you are deemed to have read and agree to the General Terms of Service in this Agreement and the Dedicated Terms of Service for the service you use. This Agreement shall constitute legally binding with you. If you do not agree to part or all of the terms of this Agreement, you shall terminate using related services.

1. General Terms of Service

1.1 Contracting Entity. This Agreement is entered into by and between Huawei Cloud Contracting Party as defined in Section 15.4 of Huawei Cloud Customer Agreement (hereinafter referred to as "Huawei Cloud", or "We") and you (or "User"). Once this Agreement takes effect, it has legal effect between you and Huawei Cloud. You acknowledge that you are a person, legal person, or organization that has full capacity for civil conduct, and may independently carry out civil juristic acts. If you do not have the preceding qualifications, do not use the Global Accelerator service (hereinafter referred to as "this Service"). Otherwise, you and your guardian shall bear all responsibilities caused thereby. In addition, Huawei Cloud shall have the right to cancel (permanently freeze) your account and claim compensation from you and your guardian. In the event that you register on behalf of a company or other legal entity or use this Service in a manner permitted by Huawei Cloud, you represent and warrant that you have the right to make the company or legal entity bound by the terms of this Agreement.

1.2 Separate Agreement. If you subscribe to this Service offline, purchase this Service through our partners, or purchase partner products that integrate this Service, you may sign a separate agreement with us or our partners. You hereby acknowledge and agree that you will remain bound by the separate agreement mentioned in this article if you are authorized to access and use this Service. If this Agreement conflicts with the separate agreement, the separate agreement shall prevail.

1.3 Agreement Update. We may change or discontinue Services or change or remove functionality of the Services from time to time at our sole discretion. We will notify you of any changes to this Agreement by posting a notice on our website or by other means. You can also visit our website to read the latest service agreement. If you do not agree to part or all of the latest Agreement, please stop using this Service. By continuing to use this Service, you acknowledge that you are aware of and agree to the latest Statement.

1.4 Service Maintenance. We may maintain this Service from time to time through application upgrade, patch installation, or bug fixing at an irregular basis. We will make our best, reasonable efforts to notify you of such maintenance events (except for emergency maintenance). You agree to make your best, reasonable efforts to comply with any notified cooperation requirements.

1.5 Your Content

1.5.1 The definition and related regulations of "Your Content" are subject to the Huawei Cloud Customer Agreement.

1.5.2 In terms of your content, except as required by laws and regulations or for your use of this Service, Huawei Cloud is entrusted to process your data only in accordance with your authorization and instructions and the agreement between you and us.

1.5.3 You have the right to upload, delete, and modify your content. Exercise caution when deleting or modifying data and bear the consequences of these operations.

1.5.4 You shall back up your data as required. Huawei Cloud provides data backup services only in accordance with relevant laws and regulations.

1.6 You are committed to being responsible for your end users. If your end users breach applicable laws and regulations when using services related to this Agreement, or improperly use related services and cause damages to third parties or Huawei Cloud, you shall be liable for compensation.

1.7 Our Limited Warranty

1.7.1 The provision of a Huawei Cloud service is based on the availability status and product features of the cloud service at the time of provisioning, and does not constitute a commitment of Huawei Cloud to providing the cloud service for a long time after a certain lifecycle of the cloud service ends.

1.7.2 You understand and agree to our limited warranty in terms of the SLA in Clause 4.3 "Our Limited Warranty" of the Huawei Cloud Customer Agreement.

1.8 Statement by Both Parties

1.8.1 You understand and agree that your use of this Service must comply with applicable laws and regulations. We provide you with standard services only in accordance with your instructions and are not responsible for the legal compliance of your use of this Service. If we reasonably believe that you have violated laws, regulations, or the rights of third parties when using this Service, or violated the terms of related agreements (including Legal Statement, Privacy Statement, Acceptable Use Policy, Huawei Cloud Customer Agreement, and other agreements related to you on the Huawei Cloud official website) ("Prohibited Content"), we have the right to delete prohibited content, prohibit your use of related services and access to related content, or suspend services. In addition, you shall compensate for all losses caused to Huawei Cloud due to your faults.

1.8.2 Huawei Cloud provides O&M only for Huawei Cloud services. You shall ensure the security and stability of your network and devices. If any device fault or network interruption occurs due to your own or third-party reasons, you shall resolve the issue in a timely manner to avoid impact on Huawei Cloud services.

1.8.3 When the lifecycle of a specific cloud service product reaches the end of marketing (EOM), end of service and support (EOS), or end of all service activities, we will make our best commercial efforts to notify you. After reading and understanding the notification, you can agree to upgrade related services or migrate related services to updated hardware and software.

1.9 Disclaimer

1.9.1 You understand and agree that we are not liable if this Service is unavailable in the following situations:

1) Service unavailability or any legal consequences caused by your refusal to provide relevant information or the information provided does not meet service requirements

2) Service unavailability due to force majeure

3) Service unavailability due to your reasons or non-Huawei Cloud reasons

4) Service unavailability during regular service maintenance

1.9.2 You understand and agree that before the lifecycle of a specific cloud service reaches the end of all service activities, we will make our best commercial efforts to notify you. You need to migrate or upgrade related workloads within a certain time window based on the notification of Huawei Cloud. If you do not upgrade this Service to a new version available, you agree that Huawei Cloud has the right to automatically upgrade it when the right opportunity comes. We shall not be held liable for any potential service outage arising from the upgrade.

2. Terms of Service of Global Accelerator

2.1 Service Content

Global Accelerator is provided by Huawei Cloud (hereinafter referred to as "we"). You can access and use Global Accelerator on the Huawei Cloud official website.

a. By using Global Accelerator, you can allow your users around the world to access your cloud applications faster through anycast IP addresses and highly reliable, low-latency, and secure networking services. You shall be fully responsible for the service content transmitted by you.

b. Global Accelerator can be accessed from the Huawei Cloud official website and managed on the management console.

c. We are not responsible for: (a) any issues arising from or related to the Services caused by Your Content, content and platform of any third-party, and/or services not provided by us; and (b) any problem caused by misuse or modification of the Services by you. We shall have no liability for any loss, damage, expense or cost of any nature or kind arising from or related to such issue caused by third party vendor or Your Content.

2.2 Collection and Processing of Your Personal Data

You understand and agree that HUAWEI CLOUD has the right to collect, use, and process your personal data in accordance with the Privacy Statement.  Huawei Cloud promises to respect and protect your privacy in accordance with the Privacy Statement.

2.3 Processing Your Content Data

You understand and agree that the parties shall process the personal data contained in Your Content in accordance with the Data Processing Addendum. Huawei Cloud promises to process the personal data contained in Your Content in accordance with the Data Processing Addendum.

2.4 Limitations

When you use Global Accelerator for cross-border communications between the Chinese mainland and Hong Kong (China), Macao (China), Taiwan (China), or other countries and regions, you shall apply for a cross-border permit from China Unicom Shenzhen Branch and comply with the requirements in the following documents:

a. Huawei Cloud Cross-Border Circuit Service Agreement

b. Letter of Commitment to Information Security

2.5 Disclaimer

You understand and agree that the information you provide is truthful, accurate, and valid. If the cross-border permit fails to be approved due to incorrect information being provided or if the information does not meet the requirements of China Unicom Shenzhen Branch, you shall bear all responsibilities for any possible legal consequences.

You understand and agree that your use of Global Accelerator must be in compliance with all applicable laws and regulations. We shall not be responsible for the legal compliance of your behaviors.

If you use Global Accelerator for illegal purposes, you shall bear all the consequences. Huawei Cloud shall have the right to take measures, including but not limited to actions such as stopping providing cross-border circuits, terminating the contract, and claiming indemnity and/or compensation for any losses caused thereby.

 

Last Updated: April 24, 2024