Huawei Cloud Developer Service Agreement

Huawei Cloud Developer Service Agreement

The Huawei Cloud Developer Service Agreement (“Agreement”) contains the terms and conditions that you shall abide with when you access and use the Huawei Cloud Developer Services. You hereby represent and warrant that you have fully understood and accepted the terms of this Agreement. If you do not agree to the terms of this Agreement, you shall not use any service provided by the Huawei Cloud Developer Platform. By signing this Agreement, you hereby acknowledge and agree that you are not entering this Agreement as a consumer, but in your professional capacity as a developer (whether as an incorporated entity, as a sole trader or otherwise).

Huawei Cloud provides you with Developer Services (“Service” or “Services”) through the Developer Platform. Terms specific to particular Services (“Service Terms”) may apply to you. The Service Terms listed in Section 16 will be provided together with related specific Developer Services and become part of the Agreement between you and Huawei Cloud when you use Services. In the event of any inconsistency between body text of Agreement and the Service Terms, the Service Terms shall prevail within the scope of body text.

This Agreement is entered into by the Huawei Cloud Contracting Party (“Huawei Cloud”, “we”, “us”, or “our”) as defined in Section 17.14 of this Agreement and you (the entity specified in [Huawei ID]) (“User”, “you” or “your”). If you enter into this Agreement on behalf of or as a company or other legal entity, you hereby represent and warrant that you have the requisite power and authority to do so and to bind the company or other legal entity to the terms and conditions of this Agreement. This Agreement takes effect as of the date you accept this Agreement (the “Commencement Date”) unless otherwise notified by us. You and Huawei Cloud are each referred to as a “Party” and collectively as the “Parties” hereunder.

1. Use of the Service

1.1 Accounts. To access and use Services, you must create a real and valid Huawei Cloud account. You shall ensure that any and all information that you provide, including but not limited to the identity information, is authentic, truthful and accurate. If your information changes at any time, the information in your account must be promptly updated to reflect those changes. You are the sole person responsible for (a) maintaining the confidentiality of your account and the security of any passwords, authentication keys or security credentials used for enabling your access to Services, and (b) any activities that occur under your account, whether they are your activities, those of any person, entity or otherwise. You shall notify us immediately about any unauthorized activity on or misuse of your account or any security incident related to Services or the Developer Platform. You acknowledge and agree that we and our Affiliates will not be liable for any unauthorized activity or misuse of your account, unless such unauthorized activity or misuse is directly caused by our breach of this Agreement and you have notified us of such activity or misuse as soon as you become aware of it.

1.2 Developer Identity. To use Services, you shall register as a developer. After you sign this Agreement, you will be registered as a developer. You must be at the age of 18 years old or above, or have reached the age of majority in the jurisdiction in which you live or reside, and have the requisite power and capacity for civil conduct to access and use Services. If you do not meet the above conditions, you shall terminate using Services immediately.

1.3 Information Update. When registering with the Developer Platform, you shall enter detailed user information as prompted. When your information changes, you are exclusively responsible for updating and modifying the information in a timely manner. If we cannot reasonably identify you and your account in relation to such misleading or inaccurate information, and/or if we are unable to address your concerns or inquiries using reasonable technical means, neither We nor our Affiliates assume any obligations or liabilities of any kind regarding your misleading or inaccurate information. For the purpose of this Section, “reasonably” means that we confirm the authenticity, accuracy, and validity of your identity through real-name authentication.

2. Service Content

2.1 Grant of Rights. For Services you use and/or subscribed to, Huawei Cloud grant to you a limited, non-exclusive, non-transferable, revocable license, without the right to sublicense, to access and use Services in accordance with the terms and conditions of this Agreement. You shall exclusively assume any and all liabilities for all the losses caused by your insufficient security measures and indemnify and hold harmless Huawei Cloud from and against any and all losses incurred therefrom.

2.2 Service Scope. Huawei Cloud enters into this Agreement with you in our capacity as the provider of Developer Services, including but not limited to:

2.2.1 Development. Huawei Cloud provides the following development services, including but not limited to: open capabilities and open tool services. You shall be entitled to use the developer suite provided by Huawei Cloud to invoke capabilities and use development tools such as the Developer Platform, APIs, SDKs, and plug-ins to develop your applications.

2.2.2 Events. You shall be entitled to sign up for online and offline developer events through Huawei Cloud Developer Platform in compliance with “Section 16.1 Service Terms of Events”.

2.2.3 Programs. You shall be entitled to apply for joining developer Programs, participate in related activities, and obtain corresponding rights and benefits, including but not limited to coupons and technical support.

2.2.4 Community. Huawei Cloud provides a developer community in forms of blogs, forum, technical circles, and so on. You shall be entitled to interact or share in different fields in accordance with your preference.

2.2.5 Competitions. You shall be entitled to register for competitions, form teams, submit entries, and communicate with each other on the platform compliance with “Section 16.2 Service Terms of Competitions”.

2.2.6 Developer Institute. You shall be entitled to study training courses, perform cloud exercises, and acquire career certifications in the Developer Institute. When performing cloud exercises, you must comply with “Section 16.3 Service Terms of KooLabs”.

2.2.7 Technical Support. Huawei Cloud provides you with technical support. You shall be entitled to submit service tickets and product optimization suggestion online to solve your development problems and help optimize cloud services.

2.2.8 Developer Center. In the Developer Center, you can build and authenticate applications, query and enable APIs, manage API credentials, configure application information, and release applications to Huawei Cloud KooGallery. You may query and join the Huawei Cloud Developer Program (HCDP), and obtain the corresponding benefits such as coupons. You shall be entitled to view the service tickets and optimization suggestions you have submitted, view the notifications we have pushed to you, and view your developer information and agreement signing information.

3. Your Guarantee and Commitment

3.1 Full Authority. By signing or approving this agreement, you hereby represent and warrant that you have the requisite power and all necessary authority to enter into this Agreement. The conclusion and performance of this Agreement do not breach any agreement signed by and between you and any third party, or infringe upon any third-party rights, nor violate any Applicable Laws.

3.2 Acceptable Use Policy. In agreeing to the terms and conditions of this Agreement, you agree to comply with the Acceptable Use Policy, which is incorporated into the terms of this Agreement by reference. You may review the current version of this Acceptable Use Policy at: https://www.huaweicloud.com/eu/declaration/sa_nisr.html.

3.3 Prohibited Acts. All activities you conduct or engage in on the Developer Platform, and your use of Services shall not: (i) fail to comply with Applicable Laws, (ii) infringe upon the legitimate rights and interests of Huawei Cloud or any third party (including but not limited to the right to privacy, Intellectual Property Rights, right of reputation, right of portrait, and/or trade secrets); (iii) result in Huawei Cloud being fined, sanctioned, restricted, or having to assume any legal liabilities under Applicable Laws.

3.4 Platform Operations. You shall at all times comply with the terms of this Agreement and, if applicable, comply with management policies published on the Developer Platform. You shall not disrupt or attempt to disrupt the operations of the Developer Platform. Huawei Cloud may, at its own discretion, release or update management policies and other guidelines, rules, and policies related to the Developer Platform (“Developer Platform Management Policies”) at any time. You shall comply with such policies.

4. Intellectual Property Rights

4.1 Intellectual Property Rights of Huawei Cloud. The trademarks, patents, copyrights, and other Intellectual Property Rights (including but not limited to trade names, trademarks, domain names, data, pictures, archives, materials, website architecture, website image arrangement, web page design) of the content provided by Huawei Cloud on the Developer Platform are exclusively owned by Huawei Cloud and/or authorized by third-party rights holders for Huawei Cloud to use. Without prior written consent of Huawei Cloud and/or the relevant third-party rights holders, you shall not be allowed to use, modify, reproduce, publicly disclose, or release the above content, or use the above content to reconstruct or create derivative works related to the content. You shall not use, publish, or duplicate the names, trademarks, or brands of competition organizers and the Huawei Cloud Developer Platform for any marketing, advertising, promotion, or other purposes.

4.2 Intellectual Property Rights Protection. Where separately authorized by the original author or within the scope of authorization, no third party shall reprint, modify, or use the content published on the Developer Platform for commercial purposes. You agree that the infringer shall bear all liabilities for intellectual property infringement or any legal consequences arising therefrom.

4.3 Your Content

4.3.1 To promote the sharing and spread of creative content, you hereby grant to Huawei Cloud a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up license to use, copy, revise, rewrite, publish, translate, and display the content in whole or in part. We have the right to use the content in various forms of products and services on the Developer Platform, including but not limited to websites, published applications, and other Internet products.

4.3.2 We reserve the right to review the text, images, graphics, audio, and videos created by developers and uploaded to the Developer Platform, and have the right to delete or require you to modify any works that violate the provisions of this Agreement and laws and regulations in accordance with the judgment. You understand and agree that we are not liable for any consequences or losses caused by the preceding operations for management purposes.

4.3.3 You shall further guarantee that the achievements or published content obtained from your use of Services does not infringe upon the legitimate rights and interests of any third party. If a third party files a claim or lawsuit or may file a lawsuit against Huawei Cloud and its affiliates in accordance with the achievements or content, you shall assume all responsibilities and losses for the consequences related to Huawei Cloud and its affiliates, and Huawei Cloud may unilaterally terminate this Agreement after notifying you immediately.

4.4 Your Intellectual Property Rights. When you sign up for a competition, you have the Intellectual Property Rights of the achievements (including but not limited to algorithms, data, and design solutions) that you independently develop and complete during the competition, unless otherwise specified in the competition rules or other agreements. You agree to grant Huawei Cloud and/or its affiliates the right to use all of the aforementioned achievements and related source code (if any) globally, indefinitely, and without restriction, including licensing, reproducing, distributing, publicly performing, publicly showcasing, broadcasting, delivering, translating, editing, adapting, creating derivative works, and/or exercising any other rights permitted by Applicable Laws for free. New achievements and benefits delivered by Huawei Cloud from the achievements (if any) are exclusively owned by Huawei Cloud and/or its affiliates. Intellectual Property Rights for the new achievements shall be vested in Huawei Cloud and its affiliates. This Agreement shall not be constructed as transfer any Intellectual Property Rights unless otherwise stated in writing.

4.5 Your Suggestions. Huawei Cloud and its Affiliates shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Developer Platform or Services any enhancement requests or feedback provided by you, so long as you are not identified in any way as the source of such feedback. For the avoidance of doubt, Huawei Cloud and its Affiliates shall not be obliged to implement any such enhancement or feedback. You agree to provide any necessary support for the implementation of the aforesaid enhancements or feedback.

5. Security and Privacy

5.1 Huawei Cloud Privacy Protection. In order to protect Personal Data provided to us as part of the provision of Services, we will process personal data in accordance with Applicable Laws and Privacy Statement for Huawei Cloud Developer Platform You can view the Privacy Statement for Huawei Cloud Developer Platform (https://www.huaweicloud.com/eu/declaration/developer_privacy_statement.html). You acknowledge and agree that we and/or our Affiliates may collect, use, disclose and/or otherwise process Personal Data that you provide to us in accordance with this Agreement and the Privacy Statement for Huawei Cloud Developer Platform. If you provide us with any Personal Data relating to a third party (e.g. information relating to your end users), by submitting such information to us, you hereby represent and warrant to us that you have notified such third party of the terms of this Agreement and the Privacy Statement for Huawei Cloud Developer Platform, and that such third party has consented to you disclosing his/her personal data to us for the collection, use, disclosure and/or other processing of their personal data by us as described in this Agreement and the Privacy Statement. You shall indemnify and hold us and our Affiliates harmless from and against any losses, costs, damages and liabilities arising out of or in connection with a breach of your representation and warranty under this Section.

5.2 User Privacy Protection. You shall not use the data obtained through cooperation under the Agreement (including but not limited to any user information, transaction information, and data about the use of your products or services) for any purpose beyond the Agreement through platform technical interfaces or public channels, and shall not illegally obtain user data for transactions or obtain improper benefits. If you require to obtain user data (including but not limited to personal data) or transfer or store user data across borders, you must comply with Applicable Laws. Prior to access users' systems or environments, you shall obtain written authorization. Without users' written authorization, you shall not access their systems or collect, hold, process, modify, disclose, or spread any data or information on their networks. You shall stipulate and implement corresponding privacy and security policies, and assume all responsibilities caused by non-compliant use of user data.

5.3 Cyber Security. Huawei Cloud will take technical and other necessary measures to reasonably ensure the secure and stable operating of Service. You shall be exclusively liable for any security vulnerabilities and the consequences of such vulnerabilities arising out of or related to your content, including but not limited to any viruses, Trojan horses, worms or other harmful code contained in your content. You further agree that you will comply with Applicable Laws and Huawei Cloud management requirements when using Services, including but not limited to:

5.3.1 You shall not involve any undisclosed interfaces, malware, or software behavior (including but not limited to the components that may be questioned or damaging the original security framework of Huawei Cloud or user systems, and behavior that may be questioned as backdoors) that may cause doubts in your general products and software.

5.3.2 You shall comply with any and all applicable cyber security laws and regulations, and you shall not engage in or participate in any activities that may disrupt, interrupt, damage, or access without authorization any devices, servers, networks, software, or other assets or services of Huawei Cloud or any third parties (including but not limited to end users and mobile network carriers).

5.3.3 You shall not carry out or engage in any illegal interception when you use Services.

5.3.4 You shall not use technical means in your contents, products and services to hijack traffic, insert links to forcibly jump to targets, or conduct unfair competition in violation of Applicable Laws. You further shall not use technical means, platform rules, data, or algorithms to achieve or implement any monopoly or behavior that may be suspected of monopoly.

6. Confidentiality

6.1 Definition of Confidential Information. “Confidential Information” means all information disclosed by a Party (“Disclosing Party”) to the other Party (“Receiving Party”), whether orally or in writing, that is marked as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information shall not include information that: (a) is or becomes generally known to the public through no act or omission of the Receiving Party; (b) was in the Receiving Party's lawful possession prior to the disclosure without breach of confidentiality obligations owed to the disclosing party; (c) is lawfully disclosed to the Receiving Party free of any obligation of confidence by a third party which itself was not under any obligation of confidence in relation to that information; or (d) is independently developed by the Receiving Party. For the purposes of this Section 6, references to “Party”, “Disclosing Party” and “Receiving Party” shall, in relation to us, be interpreted as a reference to Huawei Cloud and our Affiliates, and Huawei Cloud shall be entitled to enforce this Agreement in relation to Confidential Information as if it were the Affiliates referred to, and can recover all losses and damages suffered by its Affiliates as if they were its own.

6.2 Protection of Confidential Information. The Receiving Party agrees to keep the Disclosing Party's Confidential Information confidential during the term and for a period of five (5) years thereafter. Neither Party shall disclose the other Party's Confidential Information to any other person or entity except with the prior written consent of the other Party or in accordance with this Section 6. Each Party agrees to take appropriate measures to protect the Disclosing Party's Confidential Information which shall in no event, be less than the degree of care that it uses to protect its own Confidential Information. All Confidential Information shall remain the property of the Disclosing Party and the Disclosing Party reserves all rights in its Confidential Information. Nothing in this Agreement or the disclosures envisaged by this Agreement shall (except as expressly agreed otherwise in this Agreement) operate to transfer or operate as a grant of any licences or rights to use any Intellectual Property Rights in the Confidential Information.

6.3 Permitted Disclosure. Neither Party may use the other Party's Confidential Information except in connection with the performance of its obligations under this Agreement or the permitted use of Services, as applicable, or as may be otherwise permitted under this Agreement or required by Applicable Laws. The Receiving Party may only disclose the Disclosing Party's Confidential Information to the Receiving Party's employees, officers, agents, or subcontractors who have a need to know basis and who are subject to confidentiality obligations no less than the degree of protection as required herein. Huawei Cloud may disclose Confidential Information to its Affiliates that need to know such information for the purposes of this Agreement. The Receiving Party may only use the Disclosing Party's Confidential Information for the purpose of performing this Agreement, unless otherwise authorized by the Disclosing Party. Notwithstanding anything to the contrary, the Receiving Party may disclose the Disclosing Party's Confidential Information in a legal proceeding, as required by law, or in order to comply with a legally binding request under Applicable Laws, to the extent required to comply with the applicable binding requirements. In such circumstances (provided that it is practical and legally permissible to do so): (a) the Receiving Party must notify the Disclosing Party in writing as soon as practicable prior to any such disclosure; (b) the Parties must use all reasonable endeavors to consult with each other with a view to agreeing the timing, manner, and extent of the disclosure to the extent legally permissible; and (c) the Receiving Party must in any event use all reasonable endeavors to obtain written confidentiality undertakings in its favour from the third party. If, under Applicable Laws, the Receiving Party is unable to inform the Disclosing Party prior to Confidential Information being disclosed, it shall (provided that it is legally permitted to do so) fully inform the Disclosing Party immediately afterwards in writing of the circumstances of the disclosure and the Confidential Information which has been disclosed.

7. Compensation and Limitation of Liability

7.1 Your Compensation. To the maximum extent permitted by Applicable Laws, you shall defend, protect, and compensate Huawei Cloud and its Affiliates for claims or lawsuits caused or related to the following reasons:

(i) Your breach of any term of this Agreement;

(ii) Your breach of any of your representations, warranties, or undertakings;

(iii) You or your products and/or services infringing upon the Intellectual Property Rights or other rights of Huawei Cloud and/or any third party;

(iv) If you or your contents breach Applicable Laws and cause losses to Huawei Cloud or third parties, you shall be liable for the losses caused to Huawei Cloud or third parties.

7.2 Our Rights. If Huawei Cloud finds that breach of any of your representations, warranties, or undertakings in this Agreement, Huawei Cloud shall be entitled to take the following actions in accordance with the reasonable judgment (without affecting Huawei Cloud's rights and remedies in accordance with this Agreement and Applicable Laws): (i) delete related information or content at any time. (ii) require you to revise or modify illegal or infringing content. (iii) terminate providing Services. (iv) terminate fulfilling obligations under this Agreement (including payment obligations). (v) deregister your account; and/or (vi) suspend or terminate this Agreement. You shall wholly assume any losses caused therefrom.

7.3 Operational Risks. You understand and agree that notwithstanding Huawei Cloud has taken necessary measures to maintain the normal operations of Services, the following problems may still occur. You agree that Huawei Cloud and our Affiliates do not assume any obligations and/or liability to you for the following problems: (i) Service interruption caused by Huawei Cloud network adjustment and maintenance. (ii) Your access to Services decreases due to network congestion. (iii) Hackers, computer viruses, Trojan horses, or other malicious programs. (iv) Technical adjustment by the telecommunications department and interruption of backbone lines. (v) Operations and maintenance, including but not limited to troubleshooting, system upgrade, optimization, and capacity expansion; (vi) Your misoperations or problems with your computer software, system, hardware, and communication lines; (vii) Your use of Services in violation of the rules of using the platform; (viii) Other problems not caused by Huawei Cloud.

7.4 NO LIMITATION. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY TO THE OTHER FOR FRAUD, DEATH, OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. THE LIMITATIONS OF LIABILITIES IN THIS SECTION 7 SHALL NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.

7.5 LIMITATION OF LIABILITIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SUBJECT TO SECTION 7, OUR MAXIMUM AGGREGATE LIABILITY TOGETHER WITH THAT OF OUR AFFILIATES IN RESPECT OF ANY LOSS, DAMAGE, FINE, PENALTY, LIABILITY, CHARGE, PROCEEDING, EXPENSE, OUTGOING OR COST OF ANY NATURE OR KIND ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, MISREPRESENTATION (WHETHER TORTIOUS OR STATUTORY), TORT (INCLUDING NEGLIGENCE) AND BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL NOT EXCEED THE HIGHER OF THE FOLLOWING: (i) USD 500; (ii) THE TOTAL AMOUNT PAID BY YOU UNDER THIS AGREEMENT FOR SERVICES IN RESPECT OF WHICH SUCH LIABILITY AROSE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

7.6 EXCLUSION OF LIABILITIES. SUBJECT TO SECTION 7, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE TO THE OTHER PARTY FOR:

a. ANY INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGE; OR

b. ANY LOSS OF REVENUES, PROFITS, BUSINESS, OPPORTUNITIES, CUSTOMERS, DAMAGE TO GOODWILL, ECONOMIC LOSS, REPUTATION, OR LOSS OF DATA OR DATA USE (REGARDLESS OF WHETHER THESE TYPES OF LOSSES OR DAMAGE ARE DIRECT, INDIRECT OR CONSEQUENTIAL),

ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SUCH PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF OR WERE AWARE OF THE POSSIBILITY THAT SUCH DAMAGE OR LOSS MIGHT BE INCURRED BY THE OTHER PARTY.

7.7 Exclusive Remedy. To the fullest extent permitted by Applicable Laws, “Section 7 Compensation and Limitation of Liability” provides the Parties' exclusive remedy for any infringement claims.

8. Disclaimer

8.1 Non-Warranty. We and our Affiliates do not warrant, represent, undertake or agree that:

a. the use of the Developer Platform or any Service by you will meet your requirements nor that any recommendations derived from use of the Developer Platform will deliver any particular benefits if implemented;

b. Developer Platform will be free of any technical faults, interruptions and/or network problems, or that such technical faults, interruptions and/or network problems will be rectified within any timeframe;

c. Services will be performed error-free or uninterrupted;

d. defects or errors in Developer Platform or any Service will be corrected;

e. the functions of Developer Platform or any Service will operate in the manner configured by you;

f.. third party disruptions or unauthorized third party access in connection with Services or Developer Platform will be prevented; and

g. Services will operate in conjunction with Your Content or any other hardware, software, systems, services or data not provided by us and/or our Affiliates.

Under no circumstances will we and our Affiliates have any liability for any losses, claims, damages, costs or expenses caused by errors or omissions in any information, instructions or scripts provided by us or our Affiliates to or on behalf of you in connection with Developer Platform or this Agreement, or any actions taken by us or our Affiliates at your direction in connection with this Agreement.

8.2  Non-Breach. You acknowledge and agree that the following events or actions by Huawei Cloud do not constitute a breach of this Agreement, and Huawei Cloud shall not be liable therefor:

a. the interruption of services which may occur while Huawei Cloud carries out adjustments to the network or carries out routine or emergency maintenance. You may be unable to access Developer Platform during any period in which maintenance is being carried out (whether routine or emergency), though Huawei Cloud will use its reasonable commercial endeavours to keep disruption and unavailability of the Developer Platform to a minimum;

b. you acknowledge that Huawei Cloud has no direct control over the availability of bandwidth over the entirety of the Internet and that, while Huawei Cloud will use such endeavours as Huawei Cloud deems appropriate to facilitate Developer Platform, Huawei Cloud shall not be responsible for delays caused by such unavailability;

c. the consequences arising out of or in connection with, the malicious activities of hackers, viruses, maintenance or upgrade of telecom facilities or equipment, and the disconnection of the backbone line, in view of the special characteristics of computers and the Internet; and

d. the unavailability of Services caused by operations and maintenance measures taken by Huawei Cloud, provided that Huawei Cloud provides you with prior written notice regarding data backup, service migration, or service suspension unless such measures are required under Applicable Laws. Such operations and maintenance measures may include troubleshooting, system upgrades, system optimization, and system capacity expansion. In case of an emergency fault, Huawei Cloud is entitled to take the corresponding necessary measures without providing you with any prior notice.

8.3 Exclusions. Except as expressly provided in this Agreement, Developer Platform is provided “as is”. To the extent permitted by Applicable Laws and except as expressly provided herein, Huawei Cloud and its Affiliates exclude and disclaim all conditions, warranties, representations, undertakings and other terms, whether express or implied or incorporated into this Agreement by statute, common law, custom or otherwise, including any implied conditions, warranties, undertakings or other terms relating to merchantability, satisfactory quality, non-infringement, reasonable care and skill, fitness for a particular purpose, ability to achieve a particular result or arising from a course of dealing or usage of trade. Huawei Cloud and its Affiliates do not make any representations and warranties in relation to systems that do not make up the Developer Platform or connections to such systems.

8.4 Third-Party Content. We and our Affiliates are not responsible for: (a) any issues relating to Services caused by Your Content or Third-Party Content or products and/or services not provided by us; and (b) any problems caused by misuse or modification of Services, or use of Services in violation of the terms and conditions of this Agreement or Applicable Laws. You agree that any behavior you perform on the Developer Platform is your personal behavior. You shall wholly bear legal liabilities for any dispute arising from or relating to your behavior or any work, information, or content uploaded, stored, released, or disseminated by you, and any direct, indirect, accidental, or special damage arising therefrom.

9. Term, Suspension, and Termination

9.1  Initial Term and Renewal. The term will commence on the Commencement Date. Unless terminated earlier in accordance with its terms, this Agreement shall continue in force for the duration of 12 months (the “Initial Term”). This Agreement shall automatically extend for a period of twelve (12) months upon the expiry of the Initial Term and on each subsequent anniversary of such expiry (each such extension, a “Renewal Period”) unless either Party gives at least thirty (30) days written notice to the other Party before the end of the Initial Term (or Renewal Period, as applicable), in which case this Agreement shall terminate on the last day of the Initial Term (or Renewal Period, as applicable).

9.2 Term. The term of this Agreement will commence on the Commencement Date and remains in force unless terminated hereunder.

9.3 Suspension. We may take such steps as we deem fit in our sole discretion to suspend your use of and access to Services and/or Developer Platform if:

a. it is reasonably necessary to do so to prevent unauthorized access to your content, any Service or Developer Platform;

b. we are of the reasonable opinion that your and/or your End User's access and use of Services and/or Developer Platform: (i) is in violation of the Acceptable Use Policy, this Agreement and/or Applicable Laws; (ii) may pose a security risk to Services, Developer Platform, us, our Affiliates or third parties; (iii) may adversely impact the functionality, availability or operation of Services and/or Developer Platform; or (iv) may subject us, our Affiliates, our subcontractors, Third Party Vendors or Resellers to liabilities or regulatory compliance risks;

c. you fail to comply with your payment obligations under this Agreement;

d. it is necessary to do so in order to comply with Applicable Laws or other binding order of a competent authority;

e. you and/or your End Users are found or held to infringe, or Huawei Cloud is of the opinion that you and/or your End Users are likely to infringe, a third party's Intellectual Property Rights;

f. we reasonably believe that you are engaged in fraudulent or illegal activities; or

g. to the extent permitted under Applicable Laws, you have ceased to operate in the ordinary course, have been dissolved, are in bankruptcy, insolvency, liquidation, dissolution or similar proceedings, or have entered, been placed in or applied for voluntary or compulsory liquidation, administration, juridical management, dissolution, or similar proceedings.

You acknowledge and agree that: (i) suspension shall not relieve you of your obligation to pay any fees before and during the period of suspension; and (ii) you shall not be entitled to any refund or reduction in fees as a result of such suspension.

9.4 Termination. We reserve the right to terminate your access to and use of Developer Services in the event of any of the scenarios described in Section 9.

10. Force Majeure

Neither Party shall be liable for any delay or failure to perform this Agreement caused by acts, events, omissions or accidents beyond its reasonable control, including but not limited to acts of God (including earthquake, storms or other natural disaster), epidemic, pandemic, quarantine, acts of terrorism, war or warlike operations, civil unrest or riot, electrical, Internet or telecommunication outage, blockages, sanctions, embargoes, fire, flood, explosion or malicious damage, or failure of plant or equipment, or change of any law, governmental order, rule, regulation, direction or industry standard (each a “Force Majeure Event”). Both Parties will use reasonable efforts to mitigate the effects of a Force Majeure Event. If the effects of a Force Majeure Event continue for more than 60 days, either Party may cancel undelivered Services and/or affected Orders upon written notice. This Section does not excuse your payment obligations hereunder.

11. Notification, Changes, and Modifications

11.1 Huawei Cloud shall be entitled to change the functions and services provided by the Developer Platform in accordance with developer experience or improvement requirements at its sole direction. We will notify you by posting an announcement on our Website, or through other means, of material changes to or discontinuation of Services to which you have subscribed. You are obligated to pay attention to the publication or notice of such changes. Your continued use of Services and Developer Platform after the coming into effect of such modification will be deemed as your acceptance to the modified terms. If you refuse to accept the above changes, you shall terminate using the Developer Platform immediately.

11.2 Huawei Cloud shall not be liable to you or any third party for any change, interruption, or termination of the Developer Platform or its functions and services.

11.3 We may modify this Agreement, including the documents and policies reference herein, at any time at our discretion by posting a revised version on the Website or by otherwise notifying you. Except as otherwise indicated in the modified Agreement, documents or policies, the modified terms will come into effect upon posting or notification. You will review such terms regularly on the Website.

12. Governing Law and Venue

12.1 This Agreement and any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including any dispute or claim relating to non-contractual obligations) will be governed by and construed in accordance with the Governing Law, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly and entirely excluded.

12.2 The Parties agree irrevocably to submit to the exclusive jurisdiction of the Corresponding Court to settle any dispute or claim arising out of or in connection with this Agreement (including any dispute or claim relating to non-contractual obligations).

13. Entire Agreement

13.1 When registering an account on the Huawei Cloud official website, you have accepted the HUAWEI CLOUD Customer Agreement (https://www.huaweicloud.com/eu/declaration/sa_cua.html) and Privacy Policy Statement (https://www.huaweicloud.com/eu/declaration/sa_prp.html). Whenever you use our cloud services, the HUAWEI CLOUD Customer Agreement shall apply. Whenever you access or use the Developer Services, this Agreement shall apply.

13.2 This Agreement incorporates the documents and policies referenced herein (including reference to information contained in a URL or referenced policy or other terms), and is the entire Agreement between you and us regarding Services. This Agreement replaces, extinguishes and supersedes all prior or contemporaneous representations, communications, understandings, undertakings and agreements (including any collateral contracts of any nature) between you and us, whether in written or oral form, regarding Services. It is expressly agreed by the Parties that the terms of this Agreement (including the applicable Order Form submitted to and accepted by us) will supersede any terms and conditions that are different or are not set out in this Agreement, including any terms in your request for bid/proposal/information, purchase order, receipt, acceptance, confirmation, correspondence or other document. Each Party acknowledges that in entering into this Agreement it has not relied upon any oral or written statements, collateral or other warranties, assurances, undertakings, misrepresentations or representations that were made by or on behalf of the other Party in relation to the subject matter of this Agreement at any time before the taking effect of this Agreement, unless otherwise explicitly provided in this Agreement.

14. Miscellaneous

14.1 Relationships. Each Party is an independent contractor for the purposes of this Agreement. This Agreement does not create any partnership, joint venture, agency or employment relationship between the Parties of any nature. Neither Party is entitled to make any representation or enter into any contract or commitment on behalf of the other.

14.2 Use of Affiliates. Huawei Cloud shall be entitled to exercise its rights and perform its obligations under this Agreement either itself or through any of its Affiliates. Huawei Cloud's Affiliates shall have the benefit of all rights of Huawei Cloud under this Agreement; provided, however, that Huawei Cloud will remain responsible hereunder for the acts and omission of its Affiliates.

14.3 Export. In connection with this Agreement, both Parties shall comply with the applicable export and sanction laws and regulations of the United Nations, China, the United States, the European Union and any other applicable export and sanction laws. You hereby represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the United States Government, the European Union or any of the member states of the European Union. You shall be exclusively responsible for compliance with Applicable Laws related to your subscription to, access and use of Services, including but not limited to your content you upload, process and/or provide.

14.4 Financial Compliance. You hereby represent, warrant and undertake that: (a) neither you nor (if any) any of your subsidiaries, directors, shareholders, officers, Affiliates, agents or employees is a Restricted Party; (b) any fund or payment made to us at any time shall not, directly or indirectly, derive from or relate to or involve a Restricted Party, money-laundering, terrorist-financing or any other transaction, activity or business that would be in violation of Applicable Laws and all or any part of the proceeds or funds you acquire at any time pursuant to this Agreement shall not be, directly or indirectly, used or contributed to, or otherwise made available to fund, support or facilitate any illicit and unlawful transaction, activity or business, including but not limited to those that would reasonably be expected to result in a Party being in breach of any applicable Sanctions or prohibited by applicable Sanctions; (c) immediately indemnify us and/or our Affiliates on demand against any liability or damage, including but not limited to any losses, fines, penalties, costs, expenses, and/or attorney fees that we and/or our Affiliates may incur or suffer in connection with your failure to comply with such representation, warranty and undertaking. In this Section:

Restricted Party means a person that is (a) listed on, or owned or controlled by a person listed on, or acting on behalf of a person listed on, any Sanctions List; (b) located in, permanent resident of, or incorporated under the laws of a country or territory that is the target of country-wide or territory-wide Sanctions; or (c) otherwise a target of Sanctions being a person with whom a US person or other national of a Sanctions Authority would be prohibited by law from engaging in trade, business or other activities;

Sanctions mean economic sanctions laws, regulations or restrictive measures imposed, administered or enforced from time to time by (i) the United Nations; (ii) the European Union; (iii) United States Treasury Department's Office of Foreign Assets Control (“OFAC”), US Department of State; (iv) HM Treasury of the United Kingdom; and (v) other competent governmental authorities and institutions (collectively, the “Sanctions Authorities”); and

Sanctions List means the “Specially Designated Nationals and Blocked Persons” list maintained by OFAC, the Consolidated List of Financial Sanctions Targets maintained by HM Treasury of the United Kingdom, or any similar list maintained by, or public announcement of Sanctions designation made by, any of the Sanctions Authorities.

14.5 No Waiver. Any delay or failure to enforce any provision of this Agreement will not constitute a waiver of such provision and will not limit the right to enforce such provision at a later time. If a Party waives a breach of any provision of this Agreement, this will not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision. All waivers shall be expressly made in writing to be effective.

14.6 Customer Reference. You acknowledge and agree that we and/or our Affiliates may refer to you as our customer in our sales and marketing materials and activities. We and/or our Affiliates may use your logo for such purpose.

14.7 Severability. If any term of this Agreement is found to be invalid, illegal or unenforceable, the remaining terms of this Agreement shall be unaffected thereby and will remain valid and enforceable. The invalid, illegal or unenforceable term shall be modified so as to give effect to the original intent of the Parties as closely as possible.

14.8 Non-assignment. You shall not assign, charge, sub-contract, or deal in any manner with all or any of your rights or obligations under this Agreement or transfer all or part of this Agreement to any third party, including your Affiliates, without the prior written consent from Huawei Cloud. Huawei Cloud may, at any time, assign, charge, sub-contract, or deal in any manner with all or any of its rights or obligations under this Agreement or transfer any rights or obligations under this Agreement without your consent to its Affiliates. Huawei Cloud will notify you, by posting an announcement on our Website and informing you of such announcement or through other means which shall be communicated to you, prior to the effective date of such transfer or assignment. You shall enter into any further agreements reasonably required by Huawei Cloud to give effect to any of the above.

15. Contact

15.1 You can contact us by hwcdeveloper@huawei.com. If you have any complaint or any information to report, please provide the following materials for us to review:

(i) Complaint content: Please provide the link you complain about.

(ii) Complaint description: Please describe the problem you have encountered.

(iii) Proof materials: If a section is suspected of plagiarism, please provide the original link.

(iv) Contact information: Please provide your name, mobile number, and email address so that we can contact you during the handling process.

15.2 Huawei Cloud reserves the right to block your account and take offline or delete your illegal information that violates Applicable Laws, breaks social and moral orders, or is reported by other developers.

We shall be entitled to determine the severity of violations found by our Developer Platform management personnel in accordance with the actual violation circumstances, and take management measures, including but not limited to warning, deleting content, banning, blacklisting, blocking accounts, deregistering IDs, and pursuing legal liabilities, depending on the severity.

 16. Service Terms

The content in this section is the terms for specific Developer Services and will be provided together with specific developer services. When you use the Developer Services, the terms become part of the agreement concluded between you and Huawei Cloud.

16.1 Service Terms of Events

16.1.1 You agree that Huawei Cloud and/or Event Sponsors listed on the event registration page send or recommend the event information, Huawei Cloud product/service information, and business information of the event sponsors to you using the contact information (including but not limited to the email address, mobile number, fixed-line number, and other means) you filled in or submitted.

16.1.2 When using Services, you shall comply with the following: (1) you shall not use the network service system for any illegal purpose. (2) you shall abide by all network protocols, regulations, and procedures related to network services. (3) you shall not use the registration service system to conduct any behavior that may adversely affect the normal operation of the Internet. (4) you shall not use the registration service system to transmit any harassing, insulting, intimidating, vulgar, or obscene information or any other illegal information. (5) you shall not use the registration service system to conduct any behavior that is unfavorable to the event or Huawei Cloud.

16.1.3 Huawei Cloud shall be entitled to disqualify you from the registration with false information or from repeated registration (“abnormal registration”).

16.1.4 You shall not create a mirror of Services website without Huawei Cloud's authorization or consent.

16.1.5 Huawei Cloud provides you with the registration service in accordance with the system status and functions, and does not guarantee that the registration service will not be interrupted or error-free. You agree to use the registration service in accordance with its status and functions at your own risk.

16.1.6 The cancellation or postponement of an event will be notified on the event registration page, and the actual event date and agenda are subject to the notice on this page. Unless Huawei Cloud or Event Sponsors have major faults that infringe your rights, Huawei Cloud and Event Sponsors shall not compensate you for the cancellation or postponement of the event.

16.1.7 Please note that Services are not available to minors. You shall not bring minors to event sites without the written consent of event organizers. Even with the written consent of event organizers, you still need to make the following commitments:

(1) You are the legal guardian of the minors you bring to events, and you will comply with Applicable Laws and abide by the requirements of the event sponsors and organizers.

(2) You will accompany and take care of the minors throughout events to avoid dangers.

(3) You agree to be liable for any injury to the minors you bring to events, or any personal injury or property loss caused by the minors to a third party during events, unless Huawei Cloud or the event sponsors have obvious faults in the personal injury or property loss.

(4) You understand and agree that in the event of personal injury to minors or property damage caused by force majeure such as accidents, sudden climate changes, or acute diseases, event sponsors and organizers will provide assistance in humanitarian principles but shall not bear any legal liabilities.

16.1.8 You hereby agree that you shall cooperate with Huawei Cloud in capturing user-related data, including but not limited to audio, videos, photos, and images (collectively referred to as "Work") during the event. You further agree that the copyright of the Work is owned by Huawei Cloud. You shall be the legal owner or authorized licensee of any content and information in the Work and grant us worldwide, non-exclusive, free, perpetual, irrevocable, sub-licensable rights to use, copy, revise, rewrite, publish, translate, and display the portrait rights in the Work. Huawei Cloud shall be entitled to use Work for event promotion purposes.

16.2 Service Terms of Competitions

16.2.1 You are entitled to submit a solution freely and unconditionally, but you shall guarantee that the solution is independently created by you and you are the only and exclusive owner of this solution. No third parties shall claim rights, ownership, and/or compensation for the ownership of this solution. You shall promise that the solution you submit does not: (i) infringe upon any third parties' ownership, Intellectual Property Rights, personal rights, moral rights, or any other rights, including but not limited to copyrights, trademarks, patents, trade secrets, or confidentiality; (ii) breach any provision of these service terms; and/or (iii) violate applicable laws.

16.2.2 You shall guarantee that you have legal Intellectual Property Rights or authorization for the code, algorithms, models, data, materials, and documents you upload or release during competitions. If the content you upload or release during competitions has rights disputes or infringes upon the legitimate rights and interests of any third party, you shall assume full responsibilities for the consequences caused therefrom. You do not have any problems or potential risks that prevent you from participating in competitions. Competition sponsors have the right to decide whether to entrust a third-party organization to investigate the qualifications of participants and the authenticity of their works. If any of your information is found to be inaccurate or illegal, you agree that the Competition sponsors are entitled to suspend or cease your participation in the competition or disqualify you from the competition at any time, and reserves the right to take legal actions against you. You shall reimburse the Competition sponsors, competition, or any third party for any loss caused therefrom.

16.2.3 Data backup is not supported during competitions. You understand and agree that data backup and storage are your obligations and responsibilities but not the obligations of Huawei Cloud, and that Huawei Cloud does not take any responsibility for your data backup and storage or the consequences caused therefrom. You agree and understand that Huawei Cloud will delete all the algorithms, models, and data you created or used during competitions after the competitions end.

16.2.4 If you request sponsors to authorize you to access, download, and use datasets, you agree to and comply with the following conditions: You will use the datasets only for non-commercial scientific research or teaching purposes, and will not use the datasets for any commercial purpose; if your use of the datasets causes reputation and economic losses to us, or leads to penalties and/or judicial proceedings from regulators, you shall be liable for all compensations to us and other third parties. We or Competition sponsors have the right to cancel or withdraw at any time the authorization for using the datasets, and to require you to delete downloaded datasets.

16.2.5 To protect users' legitimate rights and interests, Huawei Cloud has the right to disqualify you from a competition if any abnormalities are found in your registration process.

16.2.6 Without Huawei Cloud's authorization or consent, you shall not be allowed to create a mirror of this service website.

16.2.7 You guarantee that you will participate in competitions in accordance with the agenda, schedules, and rules of the competitions, and that you will not exit competitions without any reason. Otherwise, the sponsors have the right to suspend or cease your participation in the competitions, or disqualify you from the competitions. If you exit competitions or conduct any behavior that damages the competitions or sponsors without reasonable reasons, the sponsors reserve the right to investigate your legal liabilities. The cancellation or postponement of a competition will be notified on the competition registration page, and the actual competition date and agenda are subject to the notice on this page. Unless Huawei Cloud or the Competition sponsors have obvious faults, Huawei Cloud and the Competition sponsors do not need to compensate you for the cancellation or postponement of the competition.

16.2.8 You agree that Huawei Cloud and Competition sponsors listed on the competition registration page send or recommend the competition information, Huawei Cloud product/service information, and business information of the Competition sponsors to you using the contact information (including the email address, mobile number, fixed-line number, and other means) you filled in or submitted.

16.2.9 You agree and promise to cooperate with Competition sponsors to take photos and record audio and videos of you during competition registration and the competitions. The Competition sponsors own the copyright of these photos, audio, and videos, and can use them for competition promotion.

16.2.10 You understand that you may be required to sign or agree to new agreements or rules as competitions progress. You have the right to refuse to sign the agreements or rules to waive your promotion rights and competition qualification. Huawei Cloud shall not be liable for any compensation related to this or incurred therefrom. The sponsors can choose other users to fill in the vacancy and qualification.

16.2.11 You have carefully, discreetly, and prudently read the rules of competitions and agree to abide by the rules and regulations formulated by the sponsors. You respect and accept the judgments made by the judges of competitions and the decisions made by the Competition sponsors.

16.2.12 You understand and agree that Competition sponsors do not have to select you to participate in competitions even if you meet all the application requirements.

16.2.13 You promise that you will not offer or agree to offer any form of remuneration to any Competition sponsors or other partners or staff of a competition to acquire qualification for participating in the competition, promotion, or awarding, or bribe the Competition sponsors and their staff. You promise that you will not accept or agree to accept any form of remuneration, advertise any products or services during the competition, or use any items with advertising intentions.

16.3 Service Terms of KooLabs

16.3.1 Huawei Cloud provides you with the lab service in accordance with the system status and functions, and does not guarantee that experiments will not be interrupted or error-free. You agree to use the lab service in accordance with its status and functions at your own risk.

16.3.2 Huawei Cloud provides a lab environment and account for you, and you can use the account to conduct experiments in the environment according to the lab guide within the duration specified by Huawei Cloud. The lab resources will be deleted after the experiments end. When using this service, you must observe the following principles:

(1) Conduct experiments in the lab environment according to the lab guide.

(2) Do not use the allocated lab account outside the provided lab environment.

(3) Do not use the lab account to purchase resources or specifications that are not required by experiments.

(4) Do not use the lab account to browse, publish, or forward any illegal content that is unfavorable to social harmony or infringes upon others' rights.

(5) Do not use the lab account to perform operations that violate laws and regulations. For example, do not compile or run any virus or mining programs that may affect or even damage the lab environment.

(6) Do not use the lab account to conduct any behavior that may cause potential negative impact on Huawei Cloud.

16.3.3 If you have to use software or services legally authorized or licensed by a third party in the lab environment, you shall use the third-party software or services in accordance with the license terms or agreements agreed with the owner of the software or services, and shall not infringe the Intellectual Property Rights of any third party. Your use of third-party software or services shall not cause any negative impact or liability to Huawei Cloud.

16.3.4 To ensure the stable and secure running of the lab service and the legitimate rights and interests of users, Huawei Cloud has the right to interrupt or terminate the lab service provided to you at any time without notifying you in any of the following circumstances:

(1) You use the lab account to perform abnormal operations.

(2) You violate the rules specified in this Agreement.

(3) You conduct some behavior that violates laws, administrative regulations, department regulations, social customs, or religions.

(4) Your improper operations endanger Huawei Cloud or third parties.

17. Definitions

Unless otherwise specified, the following concepts are defined as follows in this Agreement:

17.1 “User” or “You” refers to an individual, legal person, or organization that has registered an account on Huawei Cloud Developers website (https://developer.huaweicloud.com/eu/) (hereinafter referred to as the “Website” or “Developers”) and is authorized by Huawei Cloud to use Services.

17.2 “Developer Platform” is an open online communication platform built on the Huawei Cloud official website with technical support and content resources from the Huawei Cloud official website and its technical team. The platform consists of the Community, Events, Competitions, Programs, Developer Institute, and Developer Center, aiming to provide developers with one-stop services such as communication, competitions, resource tools, and development.

17.3 “Developer Services” refers to the products and services, including but not limited to capabilities, tools, and content, that Huawei Cloud provides for you through the Developer Platform.

17.4 “Third-Party Content” refers to any third-party software, data, interfaces, or other products installed, used, or downloaded by you in connection with Services.

17.5 “Programs” refers to events, organizations, and plans, including Huawei Cloud Developer Experts (HCDE), Huawei Cloud Developer Group (HCDG), Huawei Cloud Student Developers (HCSD), and Huawei Cloud expert meet-up, designed for various developer groups. Developers can choose to join the Programs to participate in events and obtain relevant rights and interests, such as cash coupons and technical support.

17.6 “Event Sponsors” or “Competition Sponsors” refers to Huawei Cloud or other third-party organizations that hold events, including but not limited to legal entities, unincorporated organizations, and other organizations. Events and competitions, including but not limited to conferences, contests, and sessions, may be carried out online or on site. The organizations and rules involved in the actual events prevail.

17.7 “Events” refers to Huawei Cloud's official event platform where developers can sign up to participate in various events.

17.8 “Competitions” refers to Huawei Cloud's official competition platform where developers can sign up to participate in various competitions.

17.9 “KooLabs” refers to the lab platform that Huawei Cloud provides or entrusts a third party to provide. This platform provisions cloud services, presets lab environments, and provides lab guides for developers to experience Huawei Cloud services.

17.10 “Developer Institute” is a one-stop cloud computing talent training platform that provides online courses, online experiments, and career certifications to meet developers' learning requirements.

17.11 “Community” refers to Huawei Cloud's official technical exchange community which provides products and services such as technical blogs, videos, and forum.

17.12 “Developer Center” is a one-stop platform for developers to build, certify, and release applications and obtain technical and financial support.

17.13 “Huawei Cloud KooGallery” or “KooGallery” means the KooGallery e-commerce platform that is established and operated by Huawei Cloud, on which you can purchase products.

17.14 “Huawei Cloud” or “Huawei Cloud Contracting Entity” refers to Sparkoo Technologies Ireland Co., Limited.

17.15 “Governing Law” and “Corresponding Court” refer to Ireland law and courts of Ireland.

17.16 “Affiliates” in relation to a Party means any person which directly or indirectly controls, is controlled by, or under common control with that Party. For purposes of the foregoing, “control” shall mean the possession of power to direct or cause the direction of the management and policies of a person, whether through the ownership of equity or voting power, by contract or otherwise.

17.17 “Website” refers to the Huawei Cloud official website (https://www.huaweicloud.com/eu/) or Huawei Cloud Developers website (https://developer.huaweicloud.com/eu/).

17.18 “Privacy Agreement Statement” refers to the Privacy Statement for Huawei Cloud Developer Platform and Privacy Statement incorporated into this Agreement by reference. We have the right to update the Privacy Statement from time to time at our own discretion. You can view the latest version of this statement at https://www.huaweicloud.com/eu/declaration/sa_prp.html. We also have the right to develop and release a separate privacy policy for specific products or services on the Developer Platform. You shall fully read and agree to the content of the separate privacy policy before using the specific products or services.

17.19 “Personal Data” means any information relating to an identified or identifiable natural person, directly or indirectly, including information that can identify an individual when taken in combination with other information to which an entity has or is likely to have access.

17.20 “Acceptable Use Policy” means the policy located at https://www.huaweicloud.com/eu/declaration/sa_nisr.html, which is incorporated into this Agreement by reference, as may be updated from time to time.

17.21 “Applicable Laws” means legislation, regulations, codes of practice, guidelines and any other binding requirements issued by a governmental or regulatory agency or other competent authority.

17.22 “Intellectual Property Rights” means any and all intellectual property or other similar proprietary rights throughout the world, including patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, right in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, right to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

Updated: September 1, 2023