HUAWEI CLOUD Customer Agreement

HUAWEI CLOUD Customer Agreement

The HUAWEI CLOUD Customer Agreement ("this Agreement") is signed by and between you and Huawei Software Technologies Co., Ltd. ("HUAWEI CLOUD"). You represent to HUAWEI CLOUD that you have the right to enter into this Agreement. If you enter into this Agreement on behalf of another entity, you represent that you have been authorized by the entity and that you have all legal rights required for signing this Agreement. In this case, "you" or "your" mentioned in this Agreement refers to the entity you represent. After selecting I have read and agreed to the Privacy Statement and HUAWEI CLOUD Customer Agreement and clicking Register, you have agreed to and accepted all terms and conditions in this Agreement.

1 Definitions
  • 1.1 "Cloud Service" refers to each of the HUAWEI CLOUD services provided on www.huaweicloud.com ("this Website"), the content of which depends on the specific service you purchase. Cloud Services exclude Third-Party Content unless otherwise specified in the Service Level Agreement for each service.
  • 1.2 "Third-Party Content" refers to the content provided by third parties on this Website or the content provided by third parties for users in conjunction with services.
  • 1.3 "Your Content" refers to the content that you or any End User uploads to or stores in the Cloud Services, and the computational results generated by you or any End User by using the Cloud Services. Your Content does not include the Cloud Services specified in this Agreement, Huawei's products, services, intellectual property rights, and their derivatives, and account information.
  • 1.4 "Service Level Agreement" refers to the Service Level Agreement for each Cloud Service, which is published by HUAWEI CLOUD on this Website.
  • 1.5 "End User" refers to any individual, legal person, or organization that accesses or uses your account, content, or services, including your employees, outsourcing personnel, and customers.
  • 1.6 "Cloud Service Suspension" refers to a state in which you can only use the management console to view and query the Cloud Services that were enabled for you by HUAWEI CLOUD. In this state, the Cloud Service resources cannot be accessed or used, and you cannot use the management console to manage or maintain them.
  • 1.7 "Cloud Service Termination" refers to a state in which you cannot use the management console to view, query, manage, or maintain the Cloud Services that were enabled for you by HUAWEI CLOUD, and their resources cannot be accessed or used.
2 Account Management
  • 2.1 Account Registration
    • 2.1.1 To access the Cloud Services, you must register an account with this Website.
    • 2.1.2 You must use valid identity information to register an account with this Website under this Agreement. You must be a natural person, legal person, or organization with full capacity for civil rights and civil conduct. You shall be liable for any information you provide according to any relevant laws, regulations, and the terms of this Agreement. HUAWEI CLOUD reserves the right to, at its sole discretion, verify or authorize any third party to verify the identity information you have provided during registration.
    • 2.1.3 If you are a minor or a person with limited capacity for civil conduct, you are not qualified to register an account with this Website. You and your legal guardian shall bear all the consequences resulting from any improper registration. HUAWEI CLOUD reserves the right to deregister your account and terminate all of the Cloud Services that were enabled for you, and to claim reimbursement from you and your legal guardian.
    • 2.2 Account Security
      • 2.2.1 After successfully registering for an account with this Website under this Agreement, you shall keep your username and password secure and use them appropriately. You shall be liable for any consequences that may arise from unauthorized use of your account.
      • 2.2.2 If you find that your username or password has been used by others without your permission, you shall promptly notify HUAWEI CLOUD. You have the right to request that HUAWEI CLOUD suspend any unauthorized login or use of your account. Under the terms of this Agreement, you understand that it will take time for HUAWEI CLOUD to take action and that HUAWEI CLOUD shall not be liable for any consequences that occur before the action is taken, including but not limited to any losses incurred
      • 2.2.3 If any of your information changes while you are using the Cloud Services, or if HUAWEI CLOUD requests that you make any modifications, you must promptly update your information on this Website to ensure its authenticity, accuracy, integrity, and validity. If you fail to update your information on this Website or inform HUAWEI CLOUD of the changes, you shall be liable for any resulting losses.
      • 2.3 Account Deregistration
        • 2.3.1 You understand and agree that HUAWEI CLOUD has the right to deregister your account and terminate your access to the Cloud Services if: (i) you have not logged in to this Website for 12 consecutive months, your account carries no balance and has no overdue payments, and you have not enabled any Cloud Services; (ii) you violate any laws or regulations, terms in this Agreement, or HUAWEI CLOUD management regulations; (iii) HUAWEI CLOUD is required to do so by administrative or judicial entities according to any relevant laws or regulations. After your account has been deregistered, you will no longer be able to log in to this Website or use the Cloud Services. HUAWEI CLOUD shall not bear any liability in this regard.
        • 2.4 Real-Name Authentication
          • 2.4.1 Both you and HUAWEI CLOUD are obligated to comply with relevant laws and regulations regarding real-name authentication. To enable certain a Cloud Service, you may be required to provide detailed identity information, business licenses, or other information to authenticate your identity or verify your qualification. You can only subscribe to and use the Cloud Services after your identity and qualification have been verified. You understand and agree that HUAWEI CLOUD is entitled, at its sole discretion, to verify or authorize any third party to verify the information you have provided for the purposes of real-name authentication.
          • 2.4.2 You understand and agree that if you fail to complete real-name authentication, as required by HUAWEI CLOUD in accordance with relevant laws and regulations, you cannot subscribe to, access, or use the Cloud Services or become a HUAWEI CLOUD partner.
3 Your Rights and Obligations
  • 3.1 Within the term of this Agreement, you can use your account to log in to this Website, subscribe to the Cloud Services, and manage any Cloud Services to which you have subscribed. All activities that occur under your account shall be deemed to be your activities, and you shall be responsible for all of these activities.
  • 3.2 You can access and use the Cloud Services based on this Agreement and your order. Your right to use the Cloud Services is not exclusive, excludable, sublicensable, or redistributable. If you allow or help End Users to access or use Your Content or the Cloud Services to which you have subscribed, you shall ensure that the End Users conform to this Agreement, and you shall be liable for any consequences thereby. If you use the Cloud Services enabled for you by HUAWEI CLOUD to provide services for any End Users, you shall enter into a separate agreement with the End Users. HUAWEI CLOUD will not provide any support or service to such End Users, or assume any associated responsibilities.
  • 3.3 You represent and warrant that you have obtained all authorizations, permissions, and approvals related to the subscription, access, and use of the Cloud Services. If you use HUAWEI CLOUD to provide services or conduct business activities, you warrant that you have obtained relevant registration records, approvals and permissions in accordance with the laws and regulations. If you fail to meet these requirements, you shall bear all associated responsibilities and compensate HUAWEI CLOUD for any losses that ensue.
  • 3.4 You are responsible for the accuracy, quality, integrity, legality, reliability, and adaptability of Your Content, and for obtaining all the rights and permissions related to Your Content that are required by the Cloud Services.
  • 3.5 You and your End Users must comply with the Acceptable Use Policy whenever accessing or using the Cloud Services. You can view the Acceptable Use Policy at http://www.huaweicloud.com/en-us/declaration/sa_nisr.html.
  • 3.6 You shall carefully read and strictly comply with all of the service descriptions, technical specifications, procedures, and operational documents displayed on this Website, and you affirm that you understand all relevant content and possible consequences. When using the Cloud Services, you shall always follow relevant documentation to perform operations. You shall be liable for the consequences caused by violation of the instructions described therein. HUAWEI CLOUD is not liable for any consequences in this regard.
4 HUAWEI CLOUD's Rights and Obligations
  • 4.1 HUAWEI CLOUD shall provide the Cloud Services you have ordered under this Agreement, and conduct routine maintenance and troubleshooting of the Cloud Services, except for faults caused by you, force majeure, or issues beyond the control of HUAWEI CLOUD.
  • 4.2 HUAWEI CLOUD may upgrade the Cloud Services or relocate their equipment rooms when necessary. HUAWEI CLOUD will publish an announcement or send you a notification three (3) days in advance of performing such an operation. You shall cooperate with HUAWEI CLOUD while the Cloud Services are being upgraded. If you fail to do so, you shall assume all responsibility for any consequences that ensue.
  • 4.3 You understand and agree that HUAWEI CLOUD is entitled to change, suspend, or cancel any of the Cloud Services or their specifications, features, functions, or APIs. Before making any such changes, HUAWEI CLOUD shall publish relevant information on this Website or notify you by email.
  • 4.4 You understand and agree that HUAWEI CLOUD may migrate or perform maintenance on Your Content and relevant data (including personal data) for the purpose of operation and maintenance while providing the Cloud Services, and that the aforementioned operations are necessary for HUAWEI CLOUD to provide the Cloud Services and cannot be deemed infringement upon your privacy or non-confidential information within the term of this Agreement. Under the prerequisite that HUAWEI CLOUD fulfills the confidentiality obligations listed in Clause 8 and takes appropriate measures to protect the confidentiality of your information, you explicitly agree to authorize HUAWEI CLOUD to perform the aforementioned operations.
  • 4.5 You understand and agree that some preferential activities or policies are based on your commitment to a certain duration or volume of service. Therefore, if you unsubscribe to any Cloud Services before the required duration or volume is reached, HUAWEI CLOUD has the right to ask that you pay the original price, charge a penalty, charge unsubscription or refund fees, invalidate any vouchers, and ask that you pay for any free vouchers. The specific rules are subject to the information displayed on the Cloud Service pages or orders.
5 Price and Payment
  • 5.1 You shall pay for subscribing to or using the Cloud Services. The prices, payment methods, and related commercial information are posted on this Website, unless both parties have agreed in writing, and are subject to change. HUAWEI CLOUD may adjust the prices and billing modes at any time, and you can view the latest information on this Website.
  • 5.2 Both parties shall pay their respective bank charges and any relevant fees incurred during fulfillment of this Agreement.
  • 5.3 You agree that both parties shall be responsible for confirming and paying all taxes and other expenses and fees (including any penalties, interest, and related fees) imposed by the government on the transactions and payments under this Agreement according to applicable laws.
  • 5.4 In the event that you violate the price and payment provisions specified on this Website, you shall assume relevant responsibilities and obligations.
  • 5.5 In the event that you violate the price and payment provisions specified on this Website or in a written agreement reached by both parties, you shall assume relevant responsibilities and obligations according to the policies and provisions on this Website or terms in the written agreement. In the event that you delay the payment of service fees, you shall pay HUAWEI CLOUD an additional 1% of the expected amount for each day the payment is delayed as liquidated damages. HUAWEI CLOUD is not obligated to provide relevant services until you have paid the service fees.
  • 5.6 If your order expires, the payment rules are subject to the Grace Period and Retention Period description at http://support.huaweicloud.com/en-us/usermanual-period/en-us_topic_0086671074.html.
6 Service Provisioning, Suspension, and Termination
  • 6.1 After your order takes effect, HUAWEI CLOUD will provide you with the Cloud Services to which you have subscribed.
  • 6.2 The service period of a period-based Cloud Service begins when the service is enabled and ends when the subscription expires or when the service is terminated in advance according to this Agreement, whichever is earlier. The service period of a Cloud Service provided in the form of a resource package (or package) begins when the service is enabled, and ends when the service period of the service package expires, when the service in the resource package is completely used, or when the service is terminated in advance according to this Agreement, whichever is the earliest.
  • 6.3 Pay-per-use Cloud Services are provided as of the date of service provisioning, unless otherwise agreed to by both parties or the payment payable has not been fully paid.
  • 6.4 HUAWEI CLOUD has the right to change the services, support, and service levels specified in the user guides and Service Level Agreements. You can view the latest information on this Website.
  • 6.5 You understand and agree that HUAWEI CLOUD has the right to take actions, including but not limited to deleting or shielding related content, disconnecting links, suspending services and accounts, and terminating services, accounts, and this Agreement, and that you are liable for any associated consequences and shall compensate HUAWEI CLOUD for any losses incurred, including but not limited to administrative penalties, if any of the following situations occurs:
    • a. You violate the Acceptable Use Policy;
    • b. You violate the laws and regulations or provisions in this Agreement;
    • c. You pose a security risk or adversely affect the performance of HUAWEI CLOUD;
    • d. You fail to fulfill the payment obligations;
    • e. You become the subject of bankruptcy, reorganization, liquidation, dissolution, or similar legal actions or procedures;
    • f. HUAWEI CLOUD takes the aforementioned actions or queries, freezes, or deducts the funds and transactions in your account according to the laws and regulations of the People's Republic of China or as required by any relevant administrative or judicial entities.
  • 6.6 You agree and acknowledge that if any of the above situations occurs:
    • a. You shall still pay any expenses incurred before and during the suspension of the Cloud Services;
    • b. You shall pay for any Cloud Services that you are still permitted to use;
    • c. You are not entitled to any rights under the corresponding Service Level Agreement during the suspension of any Cloud Services, and the duration of the suspension is not counted in the Service Level Agreement;
    • d. Unless otherwise specified in this Agreement, required by relevant laws and regulations, or requested by administrative or judicial entities, HUAWEI CLOUD shall not delete any of Your Content from this Website due to the suspension of the Cloud Services;
    • e. If HUAWEI CLOUD suffers any resulting losses, you shall provide compensation for these losses and protect HUAWEI CLOUD, its directors, employees, agents, partners, and vendors against any related claim from any third party.
7 Intellectual Property Rights
  • 7.1 The intellectual property rights of Cloud Services, applications, cloud computing system software (excluding third-party software), related technical documents, and other derivative works provided by HUAWEI CLOUD are ascribed to Huawei. Your permissions are limited to the terms described in this Agreement.
  • 7.2 You shall not render or allow any other personnel to: 1) modify, disassemble, decompile, reverse engineer, recreate, republish, download, or reproduce any part of the Cloud Services, or develop derivative works of any part of Cloud Services, including data structure or similar materials produced by the program; 2) grant a license to any third party, resell, transfer, assign, distribute, outsource, commercially use, or provide the service, or use the service at a different time or by the service bureau, unless otherwise specified in this Agreement or relevant sales agreements and orders.
  • 7.3 Unless otherwise specified, without one party's prior written consent, the other party shall not present, use, or allow any third party to present or use any trade name, service mark, brand, and trademark of the other party. You and Huawei shall agree that each party's trade name, service mark, brand, and trademark are its proprietary assets, and that any content in this Agreement does not constitute permission for the other party to use them.
  • 7.4 Both parties understand that the system software and application software provided by HUAWEI CLOUD under this Agreement may include third-party software, whose legal use rights or copyrights have been obtained by HUAWEI CLOUD in agreement with the third-party vendor. Your right vested by HUAWEI CLOUD to use such third-party software is restricted and is not exclusive, excludable, sublicensable, or redistributable. Unless otherwise specified in this Agreement, the intellectual property rights and ownership of all software under this Agreement are ascribed to HUAWEI CLOUD or related third-party vendors. You shall not delete, modify, or hide any notice of copyrights, trademarks, or other exclusive right statements included in any third-party product.
  • 7.5 You represent and warrant that you have legal rights to any software you use and Your Content and that you do not in any form infringe upon the intellectual property rights of any third party. You shall not engage in manufacturing, using, distributing, or transferring forged, pirated, or illegal software. If you violate this clause, HUAWEI CLOUD has the right to terminate one or all the Cloud Services and will not be liable for any consequences in this regard. You shall indemnify HUAWEI CLOUD for any losses caused therefrom.
  • 7.6 If any third party makes a claim for compensation from or file a lawsuit against HUAWEI CLOUD because your account or content infringes upon the intellectual property rights of the third party, you shall be obligated to deal with the claim and to exempt HUAWEI CLOUD and its directors, senior officers, employees, agents, partners, and suppliers from such claim or lawsuit. You shall compensate HUAWEI CLOUD for any losses therefrom, including reasonable attorney fees, and eliminate the impact. This provision shall remain in effect after you cease to use the Cloud Services or this Agreement is terminated.
  • 7.7 If any third party claims intellectual property rights against you because of the Cloud Services that HUAWEI CLOUD is providing to you, HUAWEI CLOUD shall assist you in handling such claim. However, HUAWEI CLOUD will not provide assistance in any of the following circumstances:
    • 7.7.1 You have modified the Cloud Services provided by HUAWEI CLOUD;
    • 7.7.2 You have delivered Cloud Services to third parties without the consent of HUAWEI CLOUD;
    • 7.7.3 You have used the Cloud Services with products that do not belong to HUAWEI CLOUD;
    • 7.7.4 You continue to use the Cloud Services after you have been required by HUAWEI CLOUD to stop using them;
    • 7.7.5 Your free trial or order of Cloud Services has expired, and you have failed to renew the services;
    • 7.7.6 You have breached relevant laws and regulations, or the provisions of this Agreement.
8 Confidentiality
  • 8.1 "HUAWEI CLOUD Confidential Information" refers to non-disclosed information of HUAWEI CLOUD, its associated companies and partners, and that of their respective employees, contract parties, and agents, including but not limited to the following:
    • 8.1.1 Non-disclosed information from HUAWEI CLOUD, its associated companies, and its partners in technologies, customers, business plans, marketing and promotional activities, assets, and other business activities;
    • 8.1.2 Third-party information that Huawei, its associated companies and partners shall keep confidential;
    • 8.1.3 Discussions or negotiations between you and HUAWEI CLOUD and its associated companies, and the nature and content of these discussions or negotiations.
  • 8.2 Both parties shall keep confidential any and all technical secrets, business secrets, and HUAWEI CLOUD confidential information obtained from each other during the conclusion and fulfillment of this Agreement and respect each other's intellectual property rights and business secrets in strict accordance with laws and regulations on intellectual property rights, the Law Against Unfair Competition of the People's Republic of China, and other relevant laws and regulations, both during and after the period of this Agreement. Without the prior written consent of one party, the other party shall not disclose, transfer, license others to use, exchange, donate, or share such secrets and confidential information with any other individual or organization in any manner, or co-use or abuse such secrets and confidential information with any such individual or organization. Any party that breaches this clause and causes losses to the other party shall assume relevant legal liabilities unless the provision of such information is required by laws, regulations, administrative institutions, or judicial organs.
9 Security and Privacy Protection
  • 9.1 HUAWEI CLOUD will take reasonable and proper security measures to protect Your Content from accidental or illegal loss, access, or disclosure. Without your authorization, HUAWEI CLOUD shall not view, use, or distribute Your Content to any third party, unless required in order to:
    • a. Obey the laws or binding orders released by government entities;
    • b. File a lawsuit or arbitration to safeguard its lawful rights and interests.
  • 9.2 HUAWEI CLOUD shall protect your privacy security in accordance with the Privacy Statement.
  • 9.3 You shall appropriately configure and use Cloud Services and take security measures to protect and back up Your Content at your discretion, including but not limited to encrypting Your Content to prevent unauthorized access, and archiving Your Content regularly
  • 9.4 You shall bear the responsibilities for any security vulnerabilities caused by Your Content, including but not limited to viruses, Trojan horses, worms, or harmful programming practices contained in Your Content, or security vulnerabilities resulting from any use of the Cloud Services that is not in accordance with this Agreement.
10 Disclaimer
  • 10.1 In consideration of the particularities of computers and the Internet, you understand and agree that none of the following shall be deemed to be breaches of this Agreement: a) incidents caused by hackers, viruses, technical adjustment of the telecom department, or backbone line interruption; b) service interruption due to network adjustment and maintenance, or delayed service access because of Internet congestion; c) operation and maintenance performed by HUAWEI CLOUD after you have been informed in advance of data backup, service migration, or suspension, including but not limited to the unavailability of the Cloud Services or Your Content as a result of troubleshooting, system upgrade, system optimization, or system expansion.
  • 10.2 HUAWEI CLOUD reserves the right to change, upgrade, modify, or migrate any Cloud Service and its functions or application software. HUAWEI CLOUD further reserves the right to develop new modules, functions, software, and services for the Cloud Services. Unless otherwise stated by HUAWEI CLOUD, the provision of the aforementioned modules, functions, software, and services is subject to this Agreement.
  • 10.3 You agree that HUAWEI CLOUD does not assume responsibility for any loss or damage to you or to third parties using the Cloud Services due to any delay, inaccuracy, errors, or negligence during data transmission, provided that HUAWEI CLOUD has committed no gross negligence or acted with ill intention.
  • 10.4 Other natural persons, legal persons, or organizations may provide third-party services to you as required by independent clauses and charge you separately. These third-party services include but are not limited to third-party application software and third-party applications provided based on this Website. HUAWEI CLOUD is not liable for testing or selecting any third-party service. You shall use such third-party services at your own risk.
  • 10.5 HUAWEI CLOUD shall not assume any responsibility if the Cloud Services cannot be delivered, cannot be provided in a timely manner, or become defective because you failed to ensure necessary conditions for enabling such services. If the delivery of Cloud Services is delayed for more than three (3) months for reasons caused by you, HUAWEI CLOUD has the right to terminate this Agreement, relevant orders, and Cloud Services. You shall compensate HUAWEI CLOUD for any loss incurred therefrom.
  • 10.6 You shall be responsible for the security of application systems and OSs you deploy on the HUAWEI CLOUD services, and of user passwords and data. If the aforesaid systems, passwords, and data are stolen, lost, damaged, or leaked because of your failure to take appropriate or sufficient security measures, you shall bear all associated consequences and losses.
11 Force Majeure
  • 11.1 Force majeure is any event unforeseeable, unavoidable, and insurmountable for any party under this Agreement, including but not limited to:
    • 11.1.1 Natural disasters, catastrophic weather conditions, floods, fires, and large-scale epidemic diseases;
    • 11.1.2 Wars or any quasi-war status, hostilities, terrorist activities, riots, strikes, and industrial disputes;
    • 11.1.3 Governmental actions or commands, such as confiscation, granting and withdrawal of administrative permits, curfews, embargoes, and bans;
    • 11.1.4 Power outages, network interruptions, utility faults or other telecom faults;
    • 11.1.5 Third-party causes, factors that cannot be controlled by other responsible parties, or events beyond the reasonable scope of control of other responsible parties.
  • 11.2 In the event that the fulfillment of this Agreement by either party or both parties is impacted by any event of force majeure, both parties agree to extend the performance term of this Agreement within the impact scope of the event. Neither party shall be liable for any cost or loss caused by force majeure.
  • 11.3 If one party impacted by any event of force majeure, that party shall promptly notify the other party of the event by email or fax. After the force majeure event, the party shall immediately notify the other party by email or fax. If HUAWEI CLOUD fails to fulfill a Cloud Service due to force majeure, HUAWEI CLOUD shall release a notice on this Website.
  • 11.4 In the event that the impact of any event of force majeure lasts for more than ninety (90) days, either party has the right to terminate this Agreement.
  • 11.5 In no cases, shall any event of force majeure relieve you of the obligation to pay for the Cloud Services that HUAWEI CLOUD has provided for you.
12 Liability for Breach of Agreement and Limitation of Liability
  • 12.1 You shall compensate HUAWEI CLOUD for losses caused by your behavior, including but not limited to device damage or maintenance fees, data loss or damage fees, service interruption fees, system recovery fees, or expenses or damages that HUAWEI CLOUD must pay to any third party.
  • 12.2 Unless otherwise specified by mandatory legal provisions, HUAWEI CLOUD is liable for indemnifying you from only direct losses with explicit evidence under this Agreement, relevant sales agreements, and orders. Huawei is not liable for compensating you for any consequential, punitive, derivative, and special losses, including but not limited to those from business, revenue, profit, data, data use, or any other economic benefit. In the event that a Cloud Service is unavailable due to a mistake of HUAWEI CLOUD, provisions in the Service Level Agreement of the Cloud Service shall prevail. In any circumstance, the accumulative amount of all losses and liquidated damages caused by or in relation to HUAWEI CLOUD under this Agreement, relevant sales agreements, and orders shall not exceed the fees of the service that renders the losses and that you have paid in accordance with the service agreement, and HUAWEI CLOUD shall compensate you with an equivalent amount of the Cloud Service. Once the service period has been expired for one (1) year, the largest amount of the compensation borne by HUAWEI CLOUD shall not exceed the fees of the service that has brought losses to you over the twelve (12) months before the claim for compensation. In this case, you have paid HUAWEI CLOUD the service fees, and HUAWEI CLOUD shall compensate you with an equivalent amount for such fees.
13 Agreement Term and Termination
  • 13.1 This Agreement shall come into effect as of the date you select I have read and agreed to the Privacy Statement and HUAWEI CLOUD Customer Agreement and click Register until you or HUAWEI CLOUD terminates this Agreement according to the provisions of Clauses 6.5, 11.4, and 13.2.
  • 13.2 After the Cloud Services in your order expire, you shall top up your account within the grace period. You can back up or migrate data within this period, but you cannot access or use any Cloud Service. These Cloud Service resources will be reserved by the system. After the grace period expires, HUAWEI CLOUD will reclaim these resources. HUAWEI CLOUD shall not assume any responsibility for the loss of data or information incurred thereby.
  • 13.3 The clauses that are not affected by the termination of this Agreement are those related to limitation of liability, payment, confidentiality, and intellectual property rights, and other clauses that will not be affected by nature.
14 Agreement Changes and Integrity
  • 14.1 In addition to this Agreement, information mentioned in writing herein, including but not limited to the Acceptable Use Policy, Legal Announcement, Privacy Statement, and Service Level Agreement or Disclaimer for the Cloud Services to which you have subscribed, constitutes an integral part of this Agreement. You can view the aforementioned policies and documents at http://www.huaweicloud.com/en-us/declaration/sa_cua.html. This Agreement and the orders concerned constitute a complete agreement for subscribing to the Cloud Services and supersede all earlier or current written or oral agreements or statements that are related to the services.
  • 14.2 HUAWEI CLOUD has the right to amend and/or supplement terms and conditions in this Agreement at any time according to governmental laws and regulations, technologies, industry practices, and market trends. The modified clauses shall be published on this Website and take effect immediately. If you continue to use the Cloud Services after the announcement that the contents of this Agreement have changed, you are assumed to have fully read, understood, and accepted the modifications to this Agreement, and you will use the Cloud Services in accordance with the modified Agreement. If you do not agree with the terms of the services, you shall stop using Cloud Services immediately.
  • 14.3 If the clauses and conditions in the service level agreements related to this Website conflict with this Agreement, the clauses in the service level agreements shall prevail, but are applicable only to the conflict or inconsistency.
  • 14.4 If you register a HUAWEI CLOUD account and subscribe to HUAWEI CLOUD services, you thereby admit that this Agreement is not ruled out by the laws of your country or region.
15 Governing Laws and Dispute Resolution
  • 15.1 The establishment, effectiveness, interpretation, fulfillment, and dispute resolution of this Agreement shall be governed by laws and regulations of the People's Republic of China.
  • 15.2 Any dispute arising from or related to this Agreement shall be resolved through friendly negotiation between you and HUAWEI CLOUD. If such negotiation fails, both parties agree to submit the dispute to the Shenzhen Longgang District People's Court for resolution through litigation.
16 Miscellaneous
  • 16.1 HUAWEI CLOUD has the right to transfer part or all of the rights or obligations under this Agreement to any third party, provided that such transfer does not impact your rights under this Agreement. After the aforesaid transfer, this Agreement is still legally binding to protect the interests of both parties and their respective successors and assignees who will inherit HUAWEI CLOUD rights and obligations.
  • 16.2 All notices from HUAWEI CLOUD under this Agreement may be delivered by bulletin on this Website, email, mail, or any other means. Such notices are deemed to have been sent to the recipient on the day of sending. Any notice sent by email takes effect the moment the email is sent. If you change your email address, you must update the email address associated with your account in a timely manner. When a notice is sent to the email address associated with your account, you are deemed to have received the notice, regardless of whether you have actually received the email.
  • 16.3 Both parties promise to abide by applicable export control laws and regulations of the United Nations, China, and any country relevant to your use of HUAWEI CLOUD. You promise not to use products or services provided by HUAWEI CLOUD for any purposes prohibited by these laws. Without the approval of concerned competent authorities, you and any individuals or entities you have authorized shall not provide controlled technologies, software, or services to any entity or individual prohibited by the applicable export control laws.
  • 16.4 In the event that any term in this Agreement becomes partially or completely invalid or not enforceable for any reason, the rest of the terms of this Agreement shall remain valid and binding.
  • 16.5 You acknowledge and state that you have carefully read and completely understood the terms in this Agreement. You have requested and obtained full explanations from HUAWEI CLOUD for any terms for which you required clarification, and you are willing to fulfill the terms of this Agreement.