This Service Statement (referred to as "this Statement" and "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 Statement.

You understand and agree that by using any service in this Agreement, you are deemed to have read and agreed to the General Terms of Service in this Statement and the Dedicated Terms of Service corresponding to the used service. That is, this Agreement shall be legally binding on you. If you do not agree to part or all of the terms of this Agreement, you shall stop using this Service.

1. General Terms of Service

1.1 Contracting Entity: This Agreement is entered into by and between Huawei Cloud Computing Technologies Co., Ltd. (or referred to as "Huawei", "Huawei Cloud", or "We") and you (or "User"). Once this Agreement takes effect, it has legal effect between you and Huawei. You acknowledge that you shall be a natural person, legal person, or other organization that has full capacity for civil rights and capacity of conducting civil acts. If you do not have the preceding qualifications, do not use this Service. Otherwise, you and your guardian shall bear all consequences caused thereby. In addition, Huawei has the right to cancel (permanently freeze) your account and claim compensation from you and your guardian. In the event that you register on behalf of a company or other legal entity or use this Service in a manner permitted by Huawei, you represent and warrant that you have the right to make the company or legal entity bound by 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. 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 the official website at any time to read the latest service agreement. The latest Statement on the official website takes effect at the date of issuance. By continuing using this Service, you acknowledge that you have understood and agree to the latest Statement. If you do not agree to part or all of the latest Agreement, do not continue using this Service.

1.4 Service Maintenance: We may maintain this Service through application upgrade, patch installation, or bug fixing on an irregular basis. We will notify you through an announcement on the official website (except for emergency maintenance). You agree to make your best and reasonable efforts to comply with any notified cooperation requirements.

1.5 Content Data

1.5.1 Content data refers to all information (including personal information), software, devices, text, images, videos, audios, photos, third-party applications, and materials transmitted, stored, or processed by you and/or your end users in any format during the use of Huawei Cloud services. You have full ownership and control of your content data. Huawei Cloud will not process or disclose your content data without your consent.

1.5.2 In terms of content data, 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 data. Exercise caution when deleting or modifying data and bear the consequences of the 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 are committed to being 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 providing 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 Statement 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 due to your faults.

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 make 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:

• Service unavailability or any legal consequences caused by your refusal to provide relevant information or the information provided does not meet service requirements
• Service unavailability due to force majeure
• Service unavailability due to your reasons or other non-Huawei Cloud reasons
• 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 make 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 proactively upgrade your cloud service products, you agree that Huawei Cloud has the right to automatically upgrade the cloud service products to the new version. We shall not be liable for any potential service suspension or unavailability and you shall bear any losses incurred therefrom.

2. Terms of Service of Media Processing Center

2.1 Service Content

This Service is Media Processing Center (MPC) that provides functions such as video encoding format conversion, resolution conversion, snapshot capturing, image watermarking, video encryption, and conversion to animated GIFs.

2.2 Processing Your Content Data

You understand and agree that you and/or your end users have full ownership and control of the video, audio, and image data provided by you and/or your end users during the use of MPC in any format. You shall be responsible for the legal compliance of the data source and acquisition. Huawei Cloud is entrusted to process your data to achieve the functions or purposes of this Service: (1) Downloading and processing videos, audios, or images of tenants or sub-users from authorized OBS buckets, and uploading the processed videos, audios, or images to authorized OBS buckets; (2) Processing audio and video files and generating target audios, videos, or snapshots.

Your content data will be processed in the Huawei Cloud region where you use the MPC service and will be deleted immediately after the service activity ends.

We will take appropriate physical, management, and technical measures to protect your personal information. For example, we use cryptographic technologies to ensure information confidentiality; we use trusted protection mechanisms to prevent malicious information attacks; we deploy access control mechanisms to ensure that personal information can only be accessed by authorized personnel; we offer security and privacy protection training courses to raise employees' awareness of personal information protection.

Huawei Cloud shall not share, transfer, or disclose your information without your prior consent unless otherwise required by relevant laws and regulations.

2.3 Cooperation You Need to Provide

You understand and agree that Huawei Cloud collects and uses the data related to this Service, including but not limited to audio and video recordings and images. The data is used solely for the purpose of providing services.

You understand and consent to the collection of the above information. If you do not provide the above information or forbid us from collecting or using it, we will not be able to provide you with this Service.

You promise that you have obtained authorization from relevant data subjects. We will only process the data you upload based on your requirements for the purpose of providing complete service.

2.4 Restrictions

You understand and agree that your use of this Service must comply with applicable laws and regulations. We only provide a standard service upon your requests and are not responsible for the legal compliance of your use.

You understand and agree that when using MPC, you shall not use this Service to transmit any information of the following nature or participate in any activities of the following nature in other ways: false, defamatory, tort, harmful, pornographic, assault, bullying, harassment, scandal, hatred, incitement, threat, blasphemy, obscenity, infringement of privacy, or otherwise disgusting, including but not limited to information and acts that encourage illegal activities, have obvious descriptions, advocate violence, and any discriminatory, illegal information and acts that cause or may cause personal property loss or injury, and may cause civil or criminal liability under applicable laws.

If you violate this warranty or the terms of this Statement, you will be held liable for any and all consequences.

You shall respect the intellectual property rights and other legal rights/interests of us and any third party, ensure that the text, voice, image, and video uploaded when using the services on this platform do not infringe on the intellectual property rights and other legal rights of us and any third party, and ensure that any violation of the aforementioned rights and interests does not affect or cause losses to us and our employees, shareholders, partners. We reserve the right to terminate the service provided to you when you infringe on the legitimate rights and interests of us and/or other third parties and to claim compensation from you for any losses we have suffered, including but not limited to economic and goodwill losses.

2.5 Disclaimer

You understand and agree that we are not liable for unavailability of this Service in the following situations:

1) Subscribers cannot access the network due to communication line/network faults, subscriber suspension/power-off, or SIM card exceptions caused by carrier network management and control or network technology issues.

2) The Service is unavailable due to operations and maintenance performed by us and its suppliers after you are notified of service migration or suspension in advance, including but not limited to troubleshooting, system upgrade, system tuning, and system scale-out.

2.6 Other Special Notes

You understand and agree that we may update this Statement according to changes in our services and/or policies. We will publish the latest version of this Statement on our website, where it takes effect immediately. You are therefore advised to review this Statement periodically for any changes.

If you continue using this Service after this Statement is updated, you are deemed to have agreed to and accepted the updated Service Statement.

 

Last updated on December 27, 2022