Migration Center Service Agreement
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Migration Center 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/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/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. Migration Center (MgC) Terms of Service
2.1 Service Content
Huawei Cloud MgC provides a single place for you to easily migrate, modernize, and optimize your applications.
2.2 Collection and Processing of Your Personal Information
You understand and agree that Huawei Cloud is entitled to collect, use, and process your personal data in accordance with the Privacy Statement (https://www.huaweicloud.com/intl/en-us/declaration/sa_prp.html).
2.3 Processing Your Content Data
You understand and agree that Huawei Cloud is entrusted to process your server information, such as the OS information, hardware information, network information, device statuses, and running records, for the purpose of identifying the source servers to be migrated, evaluating the migration costs and risks, and recommending right-sized target servers. Huawei provides a controllable data deletion mechanism for you. The aforementioned information will be deleted when you confirm that your resource discovery or assessment is complete and delete these tasks on the console of this Service. Otherwise, deleting the information will cause migration failures. You understand that the above information is necessary to provided services for you. If you choose not to provide or authorize use to collect and use the above information, Huawei Cloud will not be able to provide you with this Service.
You understand and agree that have full ownership and control over the information of source servers and the data contained in these servers entrusted to us by you and/or your end users in any format during the use of this Service, and you are responsible for the legality of the source and acquisition of the above data, including but not limited to the compliance of cross-border data transfer. Huawei Cloud is entrusted to process your data in order to migrate source servers and data to Huawei Cloud. Your aforementioned data will be processed within the Republic of Singapore and will be deleted after you deregister your account. You can control your aforementioned data at your own discretion.
To exercise your rights, please contact us by submitting a service ticket.
2.4 Restrictions
You shall not use the MgC Service to:
1) Transmit or upload any unlawful, infringing, offensive or harmful content or materials.
2) Transmit, send, or upload any program that contains viruses, worms, Trojan horses, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer codes designed to adversely affect the operation or security of any computer hardware or software.
3) Attack, interfere with, disrupt, or adversely affect any services, hardware, software, systems, sites, or networks, including but not limited to using high volume automated means (including robots, web crawlers, scripts or similar data gathering or extraction methods) to access or attack any services, hardware, software, systems, sites, or networks.
In the event of any of the above, we have the right to unilaterally suspend or terminate the provisioning this Service to you and ask you to compensate us for any and all losses arising therefrom. In addition, we have the right to withhold any cloud service fees or support service fees you have already paid.
2.5 Service Pricing
This Service is free until December 31, 2023.
2.6 Disclaimer
The assessment results generated by this Service are for references only. Huawei Cloud is not liable to any indirect or consequential losses or damage arising therefrom.
Updated: November 28th, 2023