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Huawei Cloud MetaStudio Service Agreement
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Huawei Cloud MetaStudio 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 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 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 provisioning 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 HUAWEI CLOUD Customer Agreement.

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 the 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. Terms of Service of Huawei Cloud MetaStudio

2.1 Service Content

Huawei Cloud MetaStudio provides atomic services, including stylized photo modeling, speech control, monocular visual control, asset management, photo-based virtual human production, virtual avatar production, voice modeling, and intelligent interaction.

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 Privacy Statement. Huawei Cloud promises to respect and protect your privacy in accordance with Privacy Statement.

2.3 Processing of Your Content

You understand and agree that you are responsible for the legality of the source and acquisition of the personal data contained in Your Content (text, photos, audios, videos, and virtual human models). In accordance with applicable personal data protection laws, Huawei Cloud is entrusted to process the personal data contained in Your Content. Details about the processing are as follows:

  • Personal data types and purposes of the processing

1) When you or your end users use visual control, action and facial expression information is extracted from the video uploaded by you or your end users to this Service, and data of the 3D virtual human skeleton and face is generated for you to generate a 3D virtual human video.

2) When you or your end users use photo modeling, facial biometric features are extracted from the photo uploaded by you or your end users to this Service. A 3D virtual human model will be generated for you to render a 3D virtual human video.

3) When you or your end users use virtual avatar production, data of the relationship between the mouth shape and voiceprint is extracted from the video (including data of faces and voiceprint) uploaded by you or your end users to this Service. The extracted data will be used to generate a new video.

4) When you or your end users use photo-based virtual human video production, data of the mouth shape area is extracted from the photo uploaded by you or your end users to this Service. The extracted data will be used to generate a virtual human video for you or your end users.

5) When you or your end users use voice modeling, voiceprint features are extracted from the audio uploaded by you or your end users to this Service. Then modeling based on the voiceprint-text relationship will be performed for you to synthesize a specific voice.

6) When you or your end users use speech control, voiceprint features are extracted from the audio uploaded by you or your end users to this Service. Then modeling based on the relationship between the voiceprint features and the mouth shape will be performed to control the lip sync of the virtual human.

7) When you or your end users use text-to-speech animation (TTSA), content is extracted from the text uploaded by you or your end users to this Service to generate the data for controlling lip sync and facial expressions. Such data is used to generate the voice, facial expressions, and actions of the virtual human.

8) When you or your end users use intelligent interaction, the audio or text uploaded by you or your end users to this Service will be sent to the third-party large model you specify for parsing.

9) When you or your end users use the web SDK for intelligent interaction, the application information (browser user agent) and SDK interface calling records of you or your end users are uploaded to the server for statistical analysis to ensure stable SDK running and improve product operations strategies. You can disable the function of uploading the information by calling the setConfig or create interface of the SDK. Disabling the function may slow down fault locating for you or your end users.

You shall obtain explicit consent from relevant data subjects in accordance with applicable laws and regulations, such as Personal Data Protection Law. In doing so, Huawei Cloud can fulfill your entrustment and lawfully collect and use the personal data contained in the preceding content data for the stated purposes.

  • Duration of the processing

The duration of the processing is determined by you. The processing ends immediately when you unsubscribe from this Service or when you voluntarily delete personal data contained in Your Content.

  • Personal data location of the processing

The personal data location of the processing is the location of the region where the service you select is located.

  • Sub-processors of the processing

We will not entrust any third parties to process the personal data contained in Your Content.

  • Cross-border personal data transfer

We will not transfer the personal data contained in Your Content out of the location of the region where the service you select is located.

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

2.4 Cooperation You Need to Provide

The 3D virtual human service of Huawei Cloud MetaStudio supports only modeling and control, and does not support rendering. You need to render virtual humans independently.

2.5 Restrictions

You shall use Huawei Cloud MetaStudio in compliance with the following rules:

  • You understand and agree that your activities and referenced/generated content data related to Huawei Cloud MetaStudio do not violate what is stated in the Prohibited Activities and Prohibited Content sections of Acceptable Use Policy. You must ensure that the sources and content of all your data comply with local laws, regulations, and requirements of regulatory authorities. In addition, you shall not use Huawei Cloud MetaStudio to generate and/or publish content and/or engage in activities that violate any laws, regulations, or national policies.
  • If you use the voice and image (including but not limited to name and portrait) of a natural person to generate a virtual human on Huawei Cloud MetaStudio, you shall obtain the consent of the natural person and you agree not to infringe on the rights,including moral rights, of any third parties.

If you violate any of the preceding provisions, we have the right to suspend or terminate any relevant agreements that we have with you, and require you to indemnify us for any and all claims,damages,liabilities,losses,expenses and costs caused thereby. In addition, we reserve the right to hold,deduct,set-off or otherwise not refund any fees that you have paid in relation to the use of Huawei Cloud MetaStudio or any corresponding support services whether at law or at equity.

2.6 Disclaimer

  • You understand and agree that Huawei Cloud MetaStudio is currently a commercial service. We have the right to and may modify, change, upgrade, or remove this Service and/or some functions of this Service. In the event of any of the preceding situations, we will make our best commercial efforts to notify you. You understand and agree to the modification, change, upgrade, or removal of this Service or its related functions.
  • You understand and agree that the content you upload to Huawei Cloud MetaStudio and the content produced based on Huawei Cloud MetaStudio have been legally authorized by the right holder, and that there is no unauthorized use or use beyond the authorized scope that infringes on other rights of third parties. If a third-party organization or individual raises doubts or complaints against the applications you upload, Huawei Cloud will notify you that you have the responsibility to explain and provide proof materials within the specified time. If you fail to provide proof materials or fail to provide feedback within the specified time, Huawei Cloud will take measures including but not limited to immediately terminating the services you use and deleting your content. If you are not reachable because you do not update your contact in time or your contact is incorrect, it is deemed that you do not provide feedback within the specified time.
  • You shall carefully check the security and compliance of the content you upload and assume corresponding responsibilities. Huawei Cloud does not guarantee the security and compliance of the content you upload. If any data, content, or information that is uploaded, generated, released, or used by you on Huawei Cloud MetaStudio causes any complaint, claim, penalty, or dispute against Huawei Cloud, you shall bear the losses incurred by Huawei Cloud, including but not limited to compensation, penalty, and goodwill loss.

2.7 Other Special Notes

 

Last updated: July 12, 2024