Legal Clauses

KooDrive Service Agreement

KooDrive Service Agreement

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/intl/en-us/declaration-sg/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/intl/en-us/declaration-sg/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. KooDrive Terms of Service

2.1 Service Content

2.1.1 KooDrive is an online service designed to give enterprises data storage, access, sharing, management, and collaboration functions. These functions may be optimized or modified due to user requirements, service version changes, or unilateral judgment of the service provider. They may also be suspended for regular or irregular maintenance.

2.1.2 This Service is available via web client and we reserve the right to enhance its features. You can use this Service in any of its registered forms.

2.1.3 This Service grants you a non-exclusive, non-transferable, and non-sublicensable license to access and use this Service.

2.1.4 Huawei Cloud reserves the right to make changes, upgrades, modifications, and transfers to the Service or any of its parts, including related functions and software, at its own discretion. Any such changes, upgrades, modifications, or transfers will be announced on the Huawei Cloud website (https://www.huaweicloud.com/intl/en-us/).

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 Policy Statement (https://www.huaweicloud.com/intl/en-us/declaration-sg/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 are responsible for lawful collection, use, and transfer of personal data, including login account, name, mobile number, email address, work department, IP address, and KooDrive files, contained in Your Content in accordance with applicable personal data protection laws. Huawei Cloud is entrusted to process the personal data contained in Your Content. The processing is described as follows:

  • Personal data types and purposes of the processing

As a manager of departments, users, and spaces, you have the ability to enter or upload personal information, including login account details, name, mobile number, email address, and department information, contained in Your Content. This information may be used to create departments and cloud drive users, as well as to query and modify basic user information, such as department and space details, and other related services.

If you choose to download files in batches, you may be required to enter or upload personal information contained in Your Content, such as cloud drive files.

As part of the O&M audit process, you may need to enter or upload user operation records, which include names and IP addresses in Your Content.

  • Duration of the processing

The processing ends once you unsubscribe from this Service or remove personal data from Your Content.

  • Location of the processing

The location of the processing is the selected region of the service.

  • Sub-processors of the processing

We will not entrust the personal data contained in Your Content to third parties for processing.

  • Cross-border transfer of personal data

We will not transfer the personal data contained in your content out of the selected region of the service.

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/intl/en-us/declaration-sg/sa_dpa.html). Huawei Cloud promises to process the personal data contained in Your Content in accordance with the Data Processing Addendum.

2.4 Cooperation You Need to Provide

This Service is provided via web client. If data leakage occurs because of unauthorized OS or Trojan horses on your local client, you understand and agree to bear the consequences and the losses caused to Huawei Cloud.

Considering the nature of cloud service, you understand and fully agree that you should be fully responsible for the Content Data compliance, including but not limited to the data localization etc., and compensate us for any of your breach of your obligation.

2.5 Restrictions

When using this service, you and your end users promise and guarantee that:(1) Comply with national laws, regulations, policies, and applicable international treaties or conventions, and do not use this Service to engage in any unlawful activities.(2) Comply with all contracts, terms, announcements, or other forms of conventions related to this Service.(3) Ensure that the registration information you provide during registration and use of this Service is true and valid, and that your account name, introduction, and other registration information do not contain illegal or inappropriate information. You do not use, associate with, or use information of relevant institutions or celebrities without permission, or damage the legitimate rights and interests of others, such as their copyrights and trademarks.(4) Do not use this Service to upload, store, or disseminate content prohibited by laws, regulations, and policies.(5) Do not use this Service to infringe upon the legitimate rights and interests of any third party, including but not limited to personal rights, property rights, and intellectual property rights.(6) Do not use any means, such as reproduction, modification, decompilation, disassembly, reverse engineering, and decomposition of this Service (including the website logo, brand, and data), to sabotage the platform that runs this Service, interfere with the normal running of this Service, infringe upon the legitimate rights and interests of Huawei Cloud, or infringe upon the intellectual property rights of this Service or others.(7) Do not endanger minors in any form;(8) You shall bear the responsibilities for any security vulnerabilities in your published content and consequences of the content or such vulnerabilities, including but not limited to viruses, Trojan horses, worms, or harmful programs contained in your content.(9) You are independently liable for the legal compliance of the data stored by you or your end users through this Service and all operations performed using your account.

In the event of the above-mentioned behavior, we have the right to suspend or terminate the provision of KooDrive and require you to compensate us for the actual losses caused thereby. In addition, we do not need to refund the cloud service fee and corresponding support service fee you have paid.

2.6 Service Pricing

2.6.1 This Service uses a pay-per-use billing model that requires prepayment. Once you have paid for the Service, fees will be deducted from your account for the specifications and number of instances you have purchased. Ensure that the balance in your Huawei Cloud account is sufficient to cover any upcoming charges.

2.6.2 At the end of the purchased duration, resources of this Service enter a grace period during which you can still use them. Once the grace period ends, they enter a retention period during which the instances and data of this Service will be retained but not usable. Such instances will be deleted without any liability assumed by Huawei Cloud after the retention period. You have the option to renew your subscription during the grace and retention periods. Once the renewal is successful, your resources of this Service will be unfrozen and you can resume using this Service. To avoid any disruption to your services due to account freezing or Service instance unavailability or release, top up or renew your account within the specified period.

2.6.3 Other billing models, such as yearly/monthly billing, will be available for this Service in the future. Keep up-to-date by following the product website.

2.7 Disclaimer

We do not warrant that (a) this Service will be provided without errors or interruptions; (b) we will fix all service-related defects or errors, or prevent all third-party damages or unauthorized accesses relating to this Service; or (c) this Service will be compatible with your content or any hardware, software, systems, services, or data not provided by Huawei Cloud. To the extent permitted by law, unless otherwise expressly specified, we exclude and reject any warranties, representations, terms, conditions, or any other forms of commitment, whether express or implied, statutory or otherwise, including but not limited to any warranties, representations, terms, conditions for, or other forms of commitment on the merchantability, quality satisfaction, non-infringement, or fitness for a particular purpose. You shall bear all the problems, conditions, delays, non-deliveries, and all other losses, damages, liabilities, expenses or expenses of any nature or kind caused by or related to your network connections, telecommunications connections, or Internet usage, including but not limited to file upload, download, transfer, sharing, and event notifications using this Service.

Updated: August 6, 2024