This Service Agreement (hereinafter referred to as “this Agreement") describes your rights, obligations, and responsibilities of using Huawei Cloud services. Please read the terms carefully, especially the terms that have a significant impact on your rights and interests, such as exemption from liability and limitation of liability. Such terms are in bold in this Agreement

You understand and agree that by using any service as stated under 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. By using any service under this Agreement, this Agreement shall become legally binding on you. If you do not agree to part or all of the terms of this Agreement, you shall stop using any such 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 shall be a natural person, legal person, or other organization that has full capacity for civil conduct, and may independently carry out civil juristic acts. If the foregoing is not true, please do not use this Service. Otherwise, you shall bear all consequences caused thereby. In addition, Huawei Cloud has the right to cancel (or permanently freeze) your account and claim compensation from you. In the event that you register on behalf of a company or other legal entity, you represent and warrant that you are an authorized representative of the company or legal entity to bind such company or legal entity to 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 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.

1.3 Agreement Update: This Agreement is subject to change. 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 version of this Agreement, please stop using this Service. By continuing to use this Service, you acknowledge that you are aware of and agree to the latest version of this Agreement.

1.4 Service Maintenance: We may maintain this Service from time to time through application upgrade, patch installation, or bug fixing. We will use our reasonable efforts to notify you of such maintenance events (except for emergency maintenance). You agree to use your best 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 (https://www.huaweicloud.com/eu/declaration/sa_cua.html).

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 you shall solely 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 shall be responsible for your end users. If your end users violate 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 provide 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 (https://www.huaweicloud.com/eu/declaration/sa_cua.html).

1.8 Agreement 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 attributable to your default, breach, violation, act or omission.

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 use 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 software and hardware.

1.9 Disclaimer

1.9.1 You understand and agree that we are not liable for unavailability of this Service 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 other 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 use 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 choose to upgrade this Service to a new version available, you agree that Huawei Cloud has the right to automatically upgrade it when the right opportunity arises. We shall not be held liable for any potential service outage arising from the upgrade.

2. FunctionGraph Terms of Service

2.1 Service Content

The HUAWEI CLOUD FunctionGraph service is provided by HUAWEI CLOUD. FunctionGraph allows you to run your code without provisioning or managing servers, while ensuring high availability and scalability. All you need to do is upload your code and set execution conditions, and FunctionGraph will take care of the rest.

2.2 Collection and processing of your personal data

During the entire service process, you understand and agree that Huawei Cloud has the right to collect, use, and process your personal data in accordance with the Privacy Policy Statement, (https://www.huaweicloud.com/eu/declaration/sa_prp.html). Huawei Cloud promises to respect and protect your privacy in accordance with the Privacy Policy Statement.

2.3 Processing Your Content Data

You understand and agree that you or your end users entrust us to process the Data including but not limited to texts, images, videos, binary files uploaded, docker images uploaded, LLM models uploaded, and other related information when using the Service in any format , and you have full ownership and control of the above data, and you are responsible for the legality of the source and acquisition of the above data, including but not limited to complying with laws and regulations related to personal information protection, obtaining authorization from the obligee or having other corresponding legal basis according to laws and regulations. Huawei Cloud is entrusted to process your data to achieve the functions or purposes of this Service.

You understand and agree that you or your end users can also use the service's app center to quickly build apps. You or your end users  have to make sure the Data generated，including but not limited to texts, images, videos, is compliant with local legal standards, and you have full ownership and control of the above data, and you are responsible for the legality of the source and acquisition of the above data, including but not limited to complying with laws and regulations related to personal information protection, obtaining authorization from the obligee or having other corresponding legal basis according to laws and regulations.

Your content data will be processed in the region where the endpoint you select when calling the API is located, such as Ireland. It will not be transmitted to other regions.  

You understand and agree that the parties shall process the personal data contained in Your Content in accordance with the Data Processing Addendum (https://www.huaweicloud.com/eu/declaration/sa_dpa.html). Huawei Cloud promises to process the personal data contained in Your Content in accordance with the Data Processing Addendum.

2.4 Restrictions

You and/or your end users must not:

1) Use the Services or the outputs of the Services for any infringement of the rights of any person, or engage in any behavior that violates laws and regulations, including but not limited to cybercrime, generation of false information, and infringement of the rights and interests of third parties(including but not limited to copyright, patent, trademark, trade secret, portrait right, etc.), or use the advantages of algorithms, data, and platforms to implement unfair competition.

2) Provide us with any data that violates laws and regulations, infringes on intellectual property rights or legitimate rights and interests of third parties, infringes on others' physical and mental health, or may bring risks to Huawei Cloud. (such as discriminatory data, data that infringe on others' personal information, portrait rights, reputation rights or trade secrets, or any other content that may affect the security and stability of the Services); or

3) Have any actions (including actions or omissions) that may cause risks or losses to us.

2.5 Service Pricing

The consumption amount of this service is based on the cloud service (price before discount), The tiered rate is cumulative, and the support plan charges a daily fee for support services on a per-account basis. The incremental support fee is paid in postpaid mode at the beginning of the next calendar day. Ensure that your HUAWEI CLOUD account has sufficient balance.

2.6 Disclaimer

You understand and agree that your use of the Services complies with laws and regulations. We only provide standard services to you according to your instructions. HUAWEI CLOUD solely offers fundamental infrastructure and resources for function computing. The technical outcomes resulting from users' utilization of the service are influenced by the models and code supplied by said users. HUAWEI CLOUD lacks the capacity to govern or oversee these technical outcomes and consequently does not bear any responsibility for them. Huawei Cloud is not responsible for the legal compliance of your use of the Services and your content. Huawei Cloud is not liable to you for any improper operations, non-compliant data sources, or illegal behavior during your use of the Services. You will be liable for any damage caused to Huawei Cloud due to the above-mentioned behavior.

The identification and search processes of the Service are automatically performed by the system under your operations. Huawei Cloud cannot guarantee the complete accuracy, completeness, and authenticity of the results obtained by you and/or your end users using the Services, nor can it guarantee that the Services are flawless. Huawei Cloud will not assume any responsibility for the results or the accuracy of the results obtained by you and/or your end users using the Services.

 

Updated: April 22, 2024