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 Clause if you are authorized to access and use this Service. If this Agreement conflicts with the separate agreement, the separate agreement shall prevail.

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. VOD Terms of Service

2.1 Service Content

Video on Demand (VOD) is a one-stop media service that uploads, transcodes, and manages media files and distributes them to your users. The main functions are as follows:

1) Media asset upload: Media assets can be uploaded to Huawei Cloud OBS in URL-based pull mode, OBS hosting mode, and OBS dump mode.

2) Media asset management: provides the classification, cover, subtitle, release, and CDN preheating functions for subscribers.

3) Media asset processing: supports media asset transcoding, watermarking, audio extraction, screenshot, encapsulation, and review.

4) Security management: provides security management methods for anti-leeching, HLS encryption, and HTTPS security channels.

5) Audio and video review function: to meet your audio and video review requirements, Huawei Cloud VOD provides the review function, which allows you to review the uploaded audio and video. This review function includes AI review and manual review. You can take down the audios and videos that violate regulations in a timely manner. This function is disabled by default. After the review function is enabled, AI review identifies and marks problematic media assets, and you need to confirm how to deal with them.

6) Statistical analysis function: using this function, data such as traffic, bandwidth, and traffic hit ratio on the content distribution network (“CDN”) can be queried. You can query the ranking of top audio and video file playback times by domain name.

7) Play audio and video: when the end user requests the URL, the VOD will send the audio and video stream to the end user through the CDN.

2.2 Collection and Processing of Your Personal Data

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 of Your Content Data

You understand and agree that when you and/or your end users use VOD in any format, Huawei Cloud is authorized and entrusted by you to process your following data:

1) For you to upload and manage audios and videos, we will store the videos, audios, and images you uploaded or hosted, and transcode and manage video streams based on your configuration.

2) To play audio and video to your end users, we will find the corresponding uploaded audios and videos based on your end users’ requests and send them to your end users.

3) To provide you with the function of analyzing VOD statistics, we will collect and process the IP addresses of your end users, and display the analyzed statistics to you.

4) To process the uploaded audio and video based on your demand, we will transcode the audios and videos, take screenshots, and respond to your other requests of processing and output the processed audios and videos according to your configuration.

Your above data will be processed and stored in the country/region in accordance with the country/region you choose to upload the data. Currently, the country/region for you to choose include Singapore and Thailand. The data in (1), (2), and (4) will be deleted according to your instructions. The IP addresses of your end users in (3) will be stored for three months after the end of your end users’ on-demand activity.

You have full ownership and control of the preceding data. We will process the data according to your requirements and entrustment and the agreed purposes, period, processing methods, and protection measures. You can control the above data, such as updating, deleting, and encrypting storage.

You shall be responsible for the legitimacy and compliance of the source and obtaining of data and ensure that Huawei Cloud can fulfill your authorization and entrustment in accordance with applicable laws and regulations. Huawei Cloud is only authorized and entrusted by you to process the preceding data. Huawei Cloud will take appropriate organizational and technical measures to protect your data security. You agree to immediately indemnify us on demand against any liability or damage, including but not limited to any losses, fines, penalties, costs, expenses, attorney fees, or damages that we may incur or suffer in connection with your failure to comply with applicable laws and regulations when you authorize and entrust us to process your above data.

You understand that the above data is necessary to provide you with the functionality of the Service.

2.4 Cooperation You Need to Provide

If data leakage occurs because of unauthorized OS or infection by Trojans, you understand and agree to bear the consequences and ensure that Huawei Cloud will not suffer any loss.

2.5 Restrictions

To use the VOD service, you shall comply with the restrictions specified at https://support.huaweicloud.com/intl/en-us/productdesc-vod/vod030007.html, the restrictions herein are incorporated into this Agreement by reference.

If you use the VOD service to engage in specific industries (such as education), you shall comply with all applicable laws and regulations, regulatory requirements and any other demands of relevant countries/regions. We do not assume any responsibility for this.

You understand and agree that when using VOD, you shall not use this Service or help any third party to use this Service for the following:

1) anything or any activity that is illegal in accordance with applicable laws and regulations;

2) anything or any activity that is hateful, harassing, discriminatory, violent, threatening or inappropriate (for example, nudity, bestiality, pornography, offensive content, graphic violence, encouraging self-harm or suicide, engage in activity that shames, humiliates, bullies or harasses any third party, encouraging or supporting violent acts, encouraging hate speech or discriminatory practices);

3) criminal activity;

4) anything or any activity that is fraudulent, misleading, false or deceptive;

5) anything or any activity that infringes the rights of Huawei Cloud or any third party;

6) anything or any activity that has high risk of physical, psychological or emotional harm;

7) anything or any activity that violates people’s privacy;

8) anything or any activity that has sexually explicit;

9) anything or any activity that is that is harmful to Huawei Cloud, any third party, the society, or the relevant country/region or nation;

If you violate the warranties or the terms of this Agreement, you shall be wholly liable for any and all liabilities and consequences, including but limited to fines, damages and losses. You agree to immediately indemnify us on demand against any liability or damage, including but not limited to any losses, fines, penalties, costs, expenses, attorney fees, or damages that we may incur or suffer in connection with your failure to comply with any representation, warranty and undertaking in this Clause 2.5.

If you violate the preceding restrictions, we have the right to suspend or stop the VOD service and require you to compensate us for all losses caused thereby. In addition, we do not need to refund all fees you have paid.

2.6 Disclaimer

You understand and agree that if data leakage occurs because of unauthorized OS, infection by Trojans, or violation of Clause 2.5, Huawei Cloud shall not assume any responsibility for the preceding consequences.

You understand and agree that although we provide you with the audio and video review function, the scanning and identification of AI review in this function are automatically completed by the system under your operations. Huawei Cloud does not guarantee that the examination results by using this function are accurate or flawless. Huawei Cloud does not guarantee and are not responsible for the legal compliance of your use, the results of this function and your content.

The manual review in this function shall be performed by you independently and you shall be responsible for the results. Huawei Cloud will not assume any responsibility for the results, any improper operations, non-compliant data sources, or illegal behaviors when you use the audio and video review function. If any damage or liability is caused to Huawei Cloud due to the preceding behaviors, you shall indemnify Huawei Cloud on demand against any liability or damage, including but not limited to any losses, fines, penalties, costs, expenses, attorney fees, or damages.

If you violate these warranties or the terms of this Agreement, you will be held liable for any and all consequences.

 

Last Updated: November 14, 2023