This Service Statement (hereinafter 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 agree to the General Terms of Service in this Statement and the Dedicated Terms of Service for the services you use. 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 relevant services.

1.General Terms of Service

1.1 Contracting Entity

This Agreement is entered into by and between Sparkoo Technologies Ireland Co., Ltd. (or referred to as "HUAWEI CLOUD", "We", or "Our") 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 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 CLOUD 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 CLOUD, 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 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, stop 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 make our best commercial efforts to notify you of such maintenance (except for emergency maintenance). You agree to make your best and reasonable 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 User Agreement (https://www.huaweicloud.com/eu/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 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 applicable 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/eu/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:

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 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.

2.0 Our Services

2.1 Service Content

Content Delivery Network (CDN) delivers content from origin servers to edge nodes so that users can obtain desired content from nearby nodes. CDN prevents Internet congestion, speeds up website response, and ensures content availability.

2.2 Processing Your Content Data

You understand and agree that when you and/or your end users use CDN in any form, we will collect your CDN configuration data and deliver it to CDN nodes for the purpose of providing acceleration services for you. When you and/or your end users access a domain name for which CDN provides acceleration services, we will collect your domain name access logs for the purpose of providing you with the log audit service. We will entrust Huawei Cloud Computing Technology Co., Ltd. to process the aforementioned content data.

The aforementioned content data will be processed in the People's Republic of China. You have full ownership and control of the data, and you shall be responsible for the legitimacy and compliance of the data source and acquisition. HUAWEI CLOUD processes the data according to your requirements and instructions. HUAWEI CLOUD will take appropriate organizational and technical measures (such as anonymizing the IP addresses of you and/or your end users) to protect your aforementioned content data.

2.3 Data Storage Location and Duration.

We will store your content data mentioned in Clause 2.2 in the People's Republic of China and comply with applicable laws and regulations. Your content data will be automatically deleted within six (6) months after you stop using CDN. Without your consent, we will not transfer your aforementioned data outside the People's Republic of China.

2.4 Your Rights

You can contact the customer service or submit a service ticket (https://console.eu.huaweicloud.com/ticket/?region=eu-west-101&locale=en-us#/ticketindex/createIndex) to ask us to delete your content data and exercise your rights under applicable laws and regulations.

2.5 Cooperation You Need to Provide

Please read FAQ related to billing at https://support.huaweicloud.com/eu/price-cdn/cdn_01_0111.html.

 

Updated: March 30, 2023