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. WSA Terms of Service

2.1 Service Content

Whole Site Acceleration (WSA) speeds up the loading of both dynamic and static web content and improves the access success rate by bypassing congested routes.

2.2 Collection and Processing of Your Personal Data

For 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 Statement (https://www.huaweicloud.com/eu/declaration/sa_dpa.html). Huawei Cloud promises to respect and protect your privacy in accordance with the Privacy Statement.

2.3 Processing Your Content Data

When you and/or your end users use WSA in any format, WSA is entrusted by you to process your following data:

1) Domain configuration data (including non-personal data such as basic, origin, HTTPS, cache, access control, and advanced settings) when you manage domains. The data will be transferred from Ireland to Singapore and China for processing and storage, so WSA can provide you with globally consistent acceleration services.

2) Content data to be accelerated during origin pull. The data will be transferred from the region where your origin server is located to the service area of your domain name, so end users can access the content from nearby.

3) Data to be purged and prefetched (including non-personal data such as URLs) when you purge and prefetch content. The data will be transferred from Ireland to China for processing and storage, so WSA can help you purge and preheat content in a timely manner and optimize access experience.

4) Your end users' access logs (including their IP addresses, request paths, response time, User-Agent information, and other personal data) when you manage logs. The data will be transferred from the region where your end users are located to China for processing, facilitating log management. The IP addresses of end users in Europe will be anonymized before cross-border transfer.

5) Your statistics (including non-personal data such as the traffic volume, number of requests, status codes, hit traffic, and pull traffic) when you use Analytics. The data will be transferred from the region where your end users are located to China for processing, so you can learn about acceleration results in real time.

You understand and agree that you have full control and ownership of the above content data. You shall comply with applicable laws and regulations to ensure the legality of the source and cross-border data transfer. WSA only provides acceleration and is entrusted to transfer your content data. You shall be responsible for your cross-border data transfer. We will comply with applicable laws and regulations and automatically delete the above content data within six (6) months after you stop using WSA.

2.4 Restrictions

WSA does not support access to content data that violates relevant laws and regulations, including but not limited to behavior and content prohibited by the Acceptable Use Policy (https://www.huaweicloud.com/eu/declaration/sa_nisr.html). If your acceleration domain names contain any of the preceding content data, you shall bear the risks. 

2.5 Disclaimer

You understand and agree that your use of WSA must comply with applicable laws and regulations. We provide you with standard services only according to your instructions. Huawei Cloud is not responsible for the legal compliance of your use of WSA and your content data. We are not liable for any improper operations, non-compliant data sources, or illegal behavior during your use of WSA. If any damage is caused to Huawei Cloud due to the preceding behavior, you shall compensate Huawei Cloud.

 

Updated: May 15, 2024