Huawei Cloud End User License Agreement
Print
Huawei Cloud End User License Agreement
This Huawei Cloud End User License Agreement (the "Agreement") contains the terms and conditions that govern end user's ("End User", "you" or "your") access and use of Huawei Cloud services (the "Services") provided to you by an authorized Solution Provider or Reseller. This Agreement is entered into by and between Huawei Cloud Contracting Party as defined in Section 14.2 of this Agreement ("Huawei Cloud", "we", "us" and "our") and the entity you represent or you individually if you don't designate an entity in connection with your agreement with the Solution Provider or Reseller and Services. If you enter into this Agreement for an entity, you represent and warrant that you have the power and authority to do so and to bind the entity to the terms and conditions of this Agreement. This Agreement takes effect as of the date you accept this Agreement. You and Huawei Cloud are each referred to as a "Party" and collectively as "Parties" hereunder.
1.Use of the Services
1.1 Rights Granted. For the Services you subscribed from the Solution Provider or Reseller, we grant you a non-exclusive, non-transferrable, non-sub-licensable and limited right to access and use the Services in accordance with the terms and conditions of this Agreement. You shall comply with this Agreement, your agreement with the Solution Provider or Reseller and applicable laws and regulations in connection with your access and use of the Services.
1.2 Your Account. To access and use the Services, you may create a Huawei Cloud account and connect your account to a Solution Provider or Reseller's account. To create an account, you shall provide truthful and accurate information. If your information changes at any time, please update such information in your account to reflect those changes. You are responsible for (a) maintaining the confidentiality of your account, and (b) all activities occur under your account. You will notify the Solution Provider or Reseller or us immediately about any unauthorized or misuse of your account or any security incident related to the Services. You acknowledge and agree that we will not be responsible for any unauthorized or misuse of your account, unless such is directly caused by our violation of the terms and conditions hereunder.
1.3 Acceptable Use Policy. Other than the terms and condition of this Agreement, you agree to comply with the Acceptable Use Policy, which is incorporated into this terms of this Agreement by reference. You may review the current version of this Acceptable Use Policy at: https://www.huaweicloud.com/intl/declaration/sa_nisr.html.
1.4 Your Content. You will ensure that Your Content will not violate the terms and conditions of this Agreement and applicable laws and regulations. You are solely responsible for the legality, accuracy, integrity and reliability of Your Content which include but is not limited to formulating and implementing proper security regulations (such as user management and access control), deploying proper cloud security services, implementing proper security configurations, and installing vulnerability patches in a timely manner. You are solely responsible for securing and maintaining any required notice, consent or authorization with related to your provision of and our processing of Your Content as part of the provision of the Services. We will not access or use Your Content and/or transfer Your Content to any of our Affiliates, including those located in other countries, except as necessary to provide the Services, or to comply with applicable laws and regulations or a binding order or lawful request of a court or government, regulatory or other competent authority. We will not assume any obligations and liabilities with related to Your Content, unless otherwise required by the governing law.
1.5 Third-Party Content. The Services may include or be provided together with Third-Party Content. Third-Party Content may be governed by this Agreement, or if applicable, separate terms and conditions specified in the Services terms and documentations. Third-Party Content is provided on an "as-is" and "as available" basis without any warranty.
1.6 Preview. Preview refers to Services or feature of Services we make available at no charge for trail purpose. Preview Services are provided "as-is" and "as available", and excluded from warranties set forth in this Agreement. Preview Services may not be covered by support, and we may change or discontinue preview at any time and without notice. We are not obligated to release a preview or make preview generally or commercially available.
1.7 Huawei Cloud Customer Test Agreement. Other than the terms and conditions of this Agreement, you agree to comply with the Huawei Cloud Customer Test Agreement (if applicable), which is incorporated into the terms of this Agreement by reference. You may review the current version of this Huawei Cloud Customer Test Agreement at: https://www.huaweicloud.com/intl/en-us/declaration/tsa_cta.html.
2.Security and Data Privacy
2.1 Our Security. Due to the different levels of control you have as compared to us under various cloud service types, the responsibility for the security of cloud services cannot be fully borne by one party. Ensuring the security of cloud services is a shared responsibility between you and us. Without violating the obligations set out in Section 1.4 and Section 2.4, we will take appropriate administrative, physical, and technical measures to ensure that our physical data centers, virtualization platforms, and cloud services themselves are adequately secure.
2.2 YOUR SECURITY. YOU SHALL BE RESPONSIBLE FOR THE SECURITY OF YOUR CONTENT, YOUR ACCOUNT, YOUR ACCOUNT PASSWORD, AUTHENTICATION KEYS OR SECURITY CREDENTIALS, AND ANY OPERATING SYSTEMS, BUSINESS SYSTEMS, OR OTHER SYSTEMS YOU MANAGE OR OPERATE THAT YOU HAVE SET UP USING THE SERVICES YOU HAVE PURCHASED AND USED, AND WHICH ARE MANAGED OR OPERATED BY YOU BASED ON THE PERMISSIONS OF YOUR ACCOUNT.
WITHOUT PREJUDICE TO SECTION 2.1, YOU SHALL BE RESPONSIBLE FOR THE CONSEQUENCES OF ANY SUCH VULNERABILITIES CAUSED OR RELATED TO YOUR CONTENT OR THE PARTS FOR WHICH YOU ARE RESPONSIBLE FOR SECURITY, INCLUDING BUT NOT LIMITED TO ANY VIRUSES, TROJAN HORSES, WORMS, OR OTHER HARMFUL PROGRAMMING ROUTINES CONTAINED IN YOUR CONTENT.
2.3 Security Assistance and Security Products. We may provide some free services to assist you in fulfilling your own security responsibilities, such as prompting you to configure security products. HOWEVER, WE CANNOT GUARANTEE THE EFFECTIVENESS OR QUALITY OF THE AFOREMENTIONED FREE ASSISTANCE SERVICES. YOU NEED TO REVIEW THE PRODUCT AND SERVICE DOCUMENTATION WE PROVIDE AND MAKE CONFIGURATION CHOICES THAT MEET YOUR OWN SECURITY AND COMPLIANCE REQUIREMENTS. You may purchase our security service products according to your needs, and we will provide you with products that comply with the relevant agreements. HOWEVER, PLEASE UNDERSTAND THAT YOU REMAIN THE PERSON RESPONSIBLE FOR THE OBLIGATIONS DEFINED IN SECTION 2.2, AND YOU ARE STILL REQUIRED TO ENSURE THE SECURITY AND COMPLIANCE OF YOUR DATA AND BUSINESS SYSTEMS.
2.4 Data Privacy. In order to protect personal data provided to us as part of the provision of the Service, we will process personal data in accordance with the Huawei Cloud Privacy Statement as applicable to the Services subscribed and other relevant activities, which is available at https://www.huaweicloud.com/intl/declaration/sa_prp.html. You may specify the data center region in which Your Content will be stored. If you specify a data center region in which Your Content will be stored that is different from the jurisdiction that you are located in, Your Content will be transferred to that data center region. We and our Affiliates will not move, share and/or disclose Your Content without your consent to any third party, except when it is required to (a) comply with applicable laws and regulations or a binding order or lawful request of a court or government, regulatory or other competent authority; or (b) provide billing, administrative or technical services or to investigate a security incident or violation of this Agreement. We may process certain data in the data center region where you use the Services and the regions where we maintain our operation, support and investigation systems and personnel.
2.5 DATA BACKUP . YOU SHALL BE RESPONSIBLE FOR PERFORMING BACKUP OPERATIONS (INCLUDING BUT NOT LIMITED TO ONLINE AND OFFLINE BACKUP) FOR YOUR CONTENT AND RELATED DATA, YOU SHALL BE RESPONSIBLE FOR ALL ACTIVITIES UNDER YOUR ACCOUNT, AND WHEN YOUR CONTENT AND RELATED DATA IS DELETED, HUAWEI CLOUD HAS NO OBLIGATION TO RESTORE YOUR CONTENT AND RELATED DATA.
3.Representations and Disclaimers
3.1 Representations. Each Party represents that it has validly entered into this Agreement and it has the legal power and authority to do so.
3.2 DISCLAIMERS. WE AND OUR AFFILIATES DO NOT WARRANT THAT (a) THE SERVICES OR THIRD-PARTY CONTENT WILL BE PERFORMED ERROR-FREE, DEFECT-FREE, FREE OF HARMFUL COMPONENTS, NO VULNERABILITIES OR UNINTERRUPTED; (b) WE WILL CORRECT ALL DEFECTS, VULNERABILITIES OR ERRORS; (c) WE WILL PREVENT THIRD PARTY DISRUPTIONS OR UNAUTHORIZED THIRD PARTY ACCESS IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO ERRORS, INTERRUPTIONS, DATA DESTRUCTION, ERASURE, OR DISCLOSURE DUE TO HACKING, THIRD-PARTY SERVICE DEFECTS, ETC.; or (d) THE SERVICES WILL OPERATE IN CONJUNCTION WITH YOUR CONTENT OR ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES OR DATA NOT PROVIDED BY US. TO THE EXTENT PERMITTED BY LAW IN EACH CASE AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE EXCLUDE AND SPECIFICALLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, TERMS, CONDITIONS OR OTHER COMMITMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS, TERMS, CONDITIONS OR OTHER COMMITMENTS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT , QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE.
ALTHOUGH HUAWEI CLOUD IS COMMITTED TO CONTINUOUSLY IMPROVING SERVICE QUALITY AND STANDARDS, IT CANNOT GUARANTEE THAT THE SERVICES PROVIDED WILL BE FREE FROM ANY DEFECTS DUE TO LIMITATIONS IN INDUSTRY TECHNOLOGY. THE EXISTENCE OF SUCH DEFECTS SHOULD NOT BE CONSIDERED A BREACH OF CONTRACT BY HUAWEI CLOUD, AND YOU WILL WORK WITH HUAWEI CLOUD TO RESOLVE THESE ISSUES TOGETHER.
3.3 YOU UNDERSTAND AND AGREE THAT HUAWEI CLOUD MAY, WHEN NECESSARY, MAKE ADJUSTMENTS SUCH AS RELOCATING, MODIFYING, DECOMMISSIONING, OR REPLACING THE DATA CENTER OR UNDERLYING PHYSICAL EQUIPMENT WHERE YOUR SERVICES ARE LOCATED. IF SUCH ADJUSTMENTS MAY AFFECT THE SERVICES YOU USE, CAUSE SERVICE INTERRUPTION, OR REQUIRE YOUR COOPERATION, HUAWEI CLOUD WILL NOTIFY YOU IN ADVANCE SO THAT YOU CAN RELOCATE OR ADJUST YOUR SERVICES OR BUSINESS SYSTEMS ACCORDINGLY. YOU SHALL ACTIVELY COOPERATE AND COMPLETE THE MIGRATION OF RELEVANT DATA OR OTHER CONFIGURATION ADJUSTMENTS WITHIN THE TIME SPECIFIED BY HUAWEI CLOUD. OTHERWISE, ANY CONSEQUENCES ARISING FROM YOUR INABILITY TO ACCESS YOUR SERVICES OR OTHER ISSUES SHALL BE BORNE BY YOU.
4.Proprietary Rights and Restrictions
4.1 Your Content. You and/or your licensors retain all ownership and intellectual property rights in and to Your Content. You grant us the right to host, use, process, display and/or transmit Your Content to provide and ensure proper operation of the Services in accordance with this Agreement.
4.2 Services Offerings. We and/or our licensors reserve all rights, titles and interests in and to the Services, derivative works thereof, and anything developed or delivered by or on behalf of us under this Agreement.
4.3 Restrictions. You may not, and may not cause or permit others to (a) modify, alter or make derivative works of the Services; (b) disassemble, decompile, reverse engineer, reproduce any part of the Services, or apply any other procedure to derive the source code of any software included in the Services; and (c) distribute, resell, sublicense, transfer or assign the Services.
4.4 Feedback and Suggestions. If you provide any feedback and/or suggestions to us or our affiliates, we and our affiliates are entitled to use the feedback and suggestions without restrictions, including but not limited to use and incorporate into our Services to develop new features or enhance the performance, functionalities or security of the Services.
5.Indemnification
If a third party makes a claim against us that (a) Your Content or our use of Your Content in accordance with this Agreement or the combination of Your Content with our Services infringes the third party's intellectually property rights, or (b) Your use of the Services in an unlawful manner or in violation of this Agreement, you will, at your cost, defend us against the claim and indemnify us from the damages, costs and expenses finally awarded by the court to the third party claiming infringement or the settlement agreed to by you, provided that we (a) promptly notify you in written of such claim; (b) provide you with all reasonable information, authority and assistance we need to defend against or settle the claim.
6.Non-disclosure
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 designated 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 other Party; (b) was in the other Party's lawful possession prior to the disclosure without breach of confidentiality obligations owed to the disclosing party; (c) is lawfully disclosed to the other Party without restriction on the disclosure; or (d) is independently developed by the other Party.
6.2 Protection of Confidential Information. Each Party agrees to keep the other Party's Confidential Information in confidence during the term of this Agreement and for a period of five years thereafter. Each Party agrees to take appropriate measures to protect the other Party's Confidential Information but in no event be less than the degree of care that it uses to protect its own confidential information. The Receiving Party may only disclose the Confidential Information to its employees, agents or subcontractor who have a need to know and who are subject to confidentiality obligation no less than the degree of protection as required herein. Each Party may only use the other Party's Confidential Information for the purpose of performing this Agreement, unless otherwise authorized by the other Party. Notwithstanding anything to the contrary, each Party may disclose the other Party's Confidential Information in a legal proceeding or to a governmental entity as required by law.
7.Limitation of Liability
7.1 DIRECT LOSS ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, OPPORTUNITIES, CUSTOMERS, GOODWILL, REPUTATION, DATA OR DATA USE),EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 LIMITATION OF LIABILITES. OUR MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT TOGETHER WITH OUR AFFILIATES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE SOLUTION PROVIDER OR RESELLER FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
8.Term, Suspension and Termination
8.1 Term. The term of this Agreement will commence on the effective date specified hereunder and remains in force unless terminated hereunder.
8.2 Suspension. We may suspend your right to access or use the Services if: (a) it is reasonably needed to prevent unauthorized access to Your Content; (b) your access and use of the Services is in violation of the Acceptable Use Policy, this Agreement and applicable laws and regulations; (c) you are in breach of your payment obligations to Solution Provider or Reseller; (d) your access and use of the Services may pose security risk to the Services, us or third parties; (e) your access and use of the Services may adversely impact the functionality, availability or operation of the Services; (f) it is required under applicable laws and regulations, or by governmental body; (g)your access and use of the Services may subject us, our affiliates or subcontractors to liabilities or regulatory compliance risks; (h) you may infringe third party's intellectual property rights; or (i) you have ceased to operate in the ordinary course, or are in bankruptcy, liquidation, dissolution or similar proceedings. You acknowledge and agree that (a) suspension does not excuse your payment obligation to the Solution Provider or Reseller for the services fees charged during or for the suspension period; (b) you will not be entitled for any refund or services credit for such suspension; and (c) consequences of the suspension, including possible business interruption shall be borne by you.
8.3 Termination.
8.3.1 Either Party may terminate this Agreement if the other Party breaches any material term of this Agreement and fails to cure the breach within 30 days from receipt of the notice from the other Party demanding remedy / cure.
8.3.2 You acknowledge and agree that we also retain the right to immediately terminate this Agreement upon notice if any scenario described in Section 8.2 (a) to (i) occurs, and Your Content stored in the Services environment may be deleted immediately.
8.4 Consequences of termination.
8.4.1 Termination of this Agreement shall not (a) affect the accrued rights and obligations of the Parties as at the date of termination; (b) affect the continued operation of Sections 3, 4, 5, 6, 7, 8, 9 and 10 and any provisions of this Agreement which are necessary for the interpretation or enforcement of this Agreement.
9.Force Majeure
Neither Party shall be liable for any delay for failure to perform this Agreement caused by force majeure event beyond reasonable control, including but not limited to acts of God, earthquake, storms, act of war, hostility, sabotage, act of governmental order electrical, internet or telecommunication outage, blockages, embargoes, riots. Both Parties will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 60 days, either Party may cancel unperformed Services and the affected orders upon written notice. This section does not excuse your payment obligations hereunder.
10.GOVERNING LAW AND JURISDICTION
10.1 Governing law. 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.
10.2 Jurisdiction. The Parties agree to submit any dispute arising out of or in connection with this Agreement to the exclusive jurisdiction of the Corresponding Court (including any dispute or claim relating to non-contractual obligations).
11.Entire Agreement
This Agreement incorporates the documents and policies by reference (including reference to information contained in a URL or referenced policy), and is the entire agreement between you and us regarding the Services. This Agreement supersedes all prior or contemporaneous representations, communications, understandings and agreements between you and us, whether in written or oral, regarding the Services. It is expressly agreed by the Parties that the terms of this Agreement will supersede any terms and conditions that is different or in addition to the terms of this Agreement.
12.Changes and Modifications
We may modify this Agreement, including the documents and policies referenced herein, at any time at our discretion by posting a revised version on the Website or by otherwise notifying you. Except otherwise indicated in the modified agreement, documents or polices, the modified terms will come into effect upon posting or notification. You will review such terms regularly on the Website. Your continuous use of the Services after the effectiveness of such modification will be deemed as your acceptance to the modified terms.
13.Miscellaneous
13.1 Relationship. Each Party is an independent contractor. This Agreement does not create any partnership, joint venture, agency or employment relationship between the Parties.
13.2 Non-assignment. You will not assign or otherwise transfer all or part of this Agreement to any third party, including your affiliates, without prior written consent from us. We may assign this Agreement without your consent to our affiliate in connection with or as part of a corporate reorganization. We will notify you, by posting announcement on our website or through other means, prior to the effectiveness of such assignment. Upon the effectiveness of such assignment, this assignor is fully released from all and any of its obligations and duties to perform the Agreement and the licensee will be deemed substituted for us.
13.3 No Third Party Beneficiary. No third party beneficiary relationships are created by or under this Agreement.
13.4 Services Monitoring. In order to (a) operate and provide the Services, (b) detect and address threats to the functionality, security, integrity and availabilities of the Services, (c) support your services requests, and (d) to detect illegal activities or breach of Acceptable Use Policy and this Agreement, we may continuously monitor the Services.
13.5 Export Control and Financial Compliance.
13.5.1 You shall comply with all national and international export control laws and regulations as well as the economic sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by United Nations, P.R. China, European Union, United Kingdom, United States and any other country authorities which are applicable to this Agreement (for the purposes of this Section, collectively "Export Control and Financial Compliance Laws").
13.5.2 You represent and warrant that it shall not, in violation of applicable Export Control and Financial Compliance Laws, directly or indirectly use, export, re-export, transfer, and/or resell the Services to or for the benefit of: (1) any sanctioned targets prohibited or restricted by applicable Export Control and Financial Compliance Laws, (2) any countries or regions prohibited or restricted by applicable Export Control and Financial Compliance Laws, (3) any sectors of the Russian or Venezuelan economies that are subject to restrictions by U.S., EU, or UK sanctions.
13.5.3 You represent and warrant that it has not been involved and will not involve any person, bank or other entity in dealings or transactions relating to this Agreement that might violate economic sanctions and/or anti-money laundering and counter-terrorist financing ("AML/CTF") laws or cause Huawei Cloud to commit any violation or to be exposed to risks of violation under any economic sanctions and/or AML/CTF laws.
13.5.4 You shall ensure that all Services shall be used for civilian end-use. You further certify and ensure that the Services shall not, directly or indirectly, be used, transferred and/or resold to, or made available, for any military end-use or other end-use prohibited or restricted by applicable Export Control and Financial Compliance Laws, including without limitation use in nuclear, biological or chemical weapons, missiles or weapons of mass destruction, or use in support of terrorism or human rights abuses.
13.5.5 Any non-compliance or violation of this Section by you shall be construed as a material breach of this Agreement and entitle Huawei Cloud to take any necessary action to mitigate loss, including without limitation ceasing supply and immediately terminating this Agreement without liability. You are liable for any loss, penalties, damages or expenses incurred by Huawei Cloud in connection with your breach.
13.6 Notice. THE MOBILE NUMBER YOU USE WHEN REGISTERING WITH HUAWEI CLOUD AND THE CONTACT INFORMATION YOU PROVIDE ON OUR WEBSITE ARE CONSIDERED AS YOUR VALID CONTACT INFORMATION, AND YOU ARE RESPONSIBLE FOR GUARANTEEING AND MAINTAINING THE VALIDITY OF YOUR CONTACT INFORMATION (INCLUDING BUT NOT LIMITED TO EMAIL ADDRESS AND PHONE NUMBER). WE MAY PROVIDE NOTICES AND OTHER DOCUMENTS TO YOU UNDER THIS AGREEMENT BY POSTING A NOTICE ON THE WEBSITE, BY EMAIL, BY MESSAGE CENTER OR BY TEXT MESSAGE (INCLUDING VIA SMS AND OTHER INSTANT MESSAGING PLATFORMS), AND NOTICE BY HUAWEI CLOUD THROUGH ANY OF THE FOREGOING CHANNELS SHALL BE DEEMED TO BE EFFECTIVE. NOTICES WE PROVIDE BY POSTING ON THE WEBSITE WILL BE EFFECTIVE UPON POSTING, AND IN THE CASE OF EMAIL, MESSAGE CENTER AND TEXT MESSAGES UPON SENDING OUT (IRRESPECTIVE OF WHETHER AND WHEN YOU RECEIVE OR READ IT). YOU SHALL BE RESPONSIBLE TO KEEP YOUR EMAIL ADDRESS OR PHONE NUMBER UPDATED. IF YOUR CONTACT AND OTHER INFORMATION IS FALSE, INVALID, OR NOT UPDATED PROMPTLY, YOU SHALL BEAR THE CORRESPONDING RESPONSIBILITY.
13.7 No Waivers. 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. All waivers shall be explicitly made in written to be effective.
13.8 Severability. If any term of this Agreement is found to be invalid and unenforceable, the remaining terms of this Agreement will remain effective, and the invalid or unenforceable term will be replaced with another term consistent with the purpose and intent of this Agreement.
13.9 GRACE PERIOD AND RETENTION PERIOD. UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, WHEN YOUR YEARLY/MONTHLY SUBSCRIPTIONS HAVE EXPIRED BUT NOT BEEN RENEWED, OR YOU ARE IN ARREARS DUE TO INSUFFICIENT BALANCE, YOUR RESOURCES SHALL ENTER A GRACE PERIOD OR RETENTION PERIOD. WE WILL RETAIN YOUR CONTENT AND RELATED DATA FOR THE GRACE PERIOD OR RETENTION PERIOD SPECIFIED IN DETAIL ON OUR WEBSITE. YOU MAY REVIEW THE CURRENT GRACE PERIOD AND RETENTION PERIOD POLICIES AT: https://support.huaweicloud.com/intl/en-us/usermanual-billing/en-us_topic_0083039587.html. IF THE RENEWAL IS STILL NOT COMPLETED OR THE OUTSTANDING AMOUNT IS STILL NOT PAID OFF WHEN THE RETENTION PERIOD ENDS, YOUR CONTENT AND RELATED DATA WILL BE DELETED. YOU SHALL BE RESPONSIBLE FOR THE CONSEQUENCES AND LIABILITIES ARISING FROM THE DELETION OF SUCH DATA, HUAWEI CLOUD HAS NO OBLIGATION TO RESTORE SUCH DATA.
13.10 Disabling Huawei Cloud Services. If you no longer use Huawei Cloud services, you have the right to disable Huawei Cloud services. For details, visit: "Disabling Huawei Cloud Services". AFTER HUAWEI CLOUD SERVICES HAVE BEEN SUCCESSFULLY DISABLED, YOUR CONTENT AND RELATED DATA ON HUAWEI CLOUD WILL BE DELETED AND YOU WILL BE SOLELY RESPONSIBLE FOR THE CONSEQUENCES ARISING THEREFROM, UNLESS OTHERWISE AGREED BY YOU AND HUAWEI CLOUD OR AS REQUIRED BY APPLICABLE LAWS AND REGULATIONS OR A BINDING ORDER OR LAWFUL REQUEST OF A COURT OR GOVERNMENT, REGULATORY OR OTHER COMPETENT AUTHORITY. For more details about Disabling Huawei Cloud Services, visit: Terms and Conditions on Disabling of Huawei Cloud Services. If you use an original Huawei Cloud account ID, visit: Account Deletion Process for details.
13.11 HANDLING OF ABNORMAL ACCOUNTS. IN ANY OF THE FOLLOWING CIRCUMSTANCES, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAWS, HUAWEI CLOUD HAS THE RIGHT TO TAKE CORRESPONDING MEASURES AGAINST YOUR ACCOUNT, INCLUDING RESTRICTING YOUR OPERATIONS ON THE ACCOUNT, FREEZING THE ACCOUNT, SUSPENDING OR TERMINATING RELATED RESOURCES AND CLOUD SERVICES, FREEZING PART OR ALL OF YOUR FUNDS, AND OTHER REASONABLE MEASURES, AND MAY REQUIRE YOU TO IMMEDIATELY DELETE OR MODIFY RELEVANT CONTENT OR CORRECT YOUR BEHAVIOR: (A) YOU HAVE VIOLATED NATIONAL LAWS, REGULATIONS, POLICIES, OR LEGAL DOCUMENTS; (B) BASED ON AN ORDER OR REQUEST FROM A NATIONAL AUTHORITY; (C) TO PREVENT UNAUTHORIZED ACCESS TO YOUR CONTENT OR DATA, OR TO PROTECT YOUR SECURITY OR INTERESTS; (D) YOU HAVE VIOLATED THIS AGREEMENT, ESPECIALLY THE ACCEPTABLE USE POLICY; (E) HUAWEI CLOUD HAS MADE A REASONABLE UNILATERAL JUDGMENT THAT YOUR ACCOUNT OPERATIONS, FUND TRANSFERS, OR OTHER ACTIVITIES ARE ABNORMAL; (F) YOU HAVE RECEIVED COMPLAINTS FROM OTHERS, INCLUDING DISPUTES OVER THE OWNERSHIP OF YOUR ACCOUNT, OBJECTIONS TO TRANSACTIONS RAISED BY THIRD PARTIES SUCH AS PAYERS, OR YOUR CONTENT OR ACTIONS HAVE INFRINGED UPON THE LEGITIMATE RIGHTS AND INTERESTS OF THIRD PARTIES, CAUSED HARM OR RISK TO THIRD PARTIES, OR VIOLATED RELEVANT LAWS AND REGULATIONS, AND THE OTHER PARTY HAS PROVIDED CERTAIN EVIDENCE; (G) HUAWEI CLOUD HAS MADE A REASONABLE JUDGMENT THAT OTHER SITUATIONS MAY POSE A RISK. WHEN HUAWEI CLOUD TAKES ANY OF THE AFOREMENTIONED MEASURES AGAINST YOUR ACCOUNT, IT WILL NOTIFY YOU VIA EMAIL, MESSAGE CENTER, SMS, OR PHONE CALL. YOU MAY FILE A COMPLAINT ACCORDING TO THE CORRESPONDING PROCEDURES. IF YOU FILE A COMPLAINT AS REQUIRED AND IT IS APPROVED BY HUAWEI CLOUD, HUAWEI CLOUD WILL LIFT THE RELEVANT RESTRICTIONS. IF YOU FAIL TO FILE A COMPLAINT WITHIN THE SPECIFIED TIME, OR IF YOUR COMPLAINT IS NOT APPROVED BY HUAWEI CLOUD, YOU ACKNOWLEDGE THAT HUAWEI CLOUD HAS THE RIGHT TO CONTINUE IMPLEMENTING THE RELEVANT RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL BEAR THE CONSEQUENCES OF ANY RESTRICTIONS OR MEASURES TAKEN, INCLUDING ANY POTENTIAL BUSINESS INTERRUPTION OR DATA LOSS CAUSED THEREBY.
14.Agreement Definitions
14.1 "Acceptable Use Policy" refers to the policy located at: https://www.huaweicloud.com/intl/declaration/sa_nisr.html, which is incorporated into this Agreement by reference and may be updated from time to time.
14.2 "Huawei Cloud Contracting Party" refers to the following (for purposes of clarity, the Huawei Contracting Party will be the Huawei entity associated with the country in which your Solution Provider or Reseller is registered as per the below schedule):
|
The country in which you are registered |
Huawei Contracting Party |
|
South Africa |
Huawei Technologies Africa (Pty) Ltd |
|
Chile |
Huawei (Chile) S.A. |
|
Peru |
Huawei Del Peru SAC |
|
India |
Huawei Telecommunications (India) Company Private Limited |
|
Brazil |
Huawei do Brasil Telecomunicações Ltda |
|
Mexico |
Huawei Technologies De Mexico, S.A. De C.V. |
|
Countries other than the above |
Huawei Services (Hong Kong) Co., Limited |
14.3 "Governing Law" and "Corresponding Court" refer to the following and is dependent on the Huawei Contracting Party as per 14.2 above.
|
Huawei Contracting Party |
Governing Law |
Corresponding Court |
|
Huawei Technologies Africa (Pty) Ltd |
Laws of the Republic of South Africa |
The High Court of South Africa having jurisdiction |
|
Huawei (Chile) S.A. |
Laws of Chile |
Santiago Courts of Justice |
|
Huawei Del Peru SAC |
Laws of Peru |
Lima Courts of Justice |
|
Huawei Telecommunications (India) Company Private Limited |
Laws of India |
Arbitration center in New Delhi |
|
Huawei do Brasil Telecomunicações Ltda |
Laws of Brazil |
Sao Paulo City Court |
|
Huawei Technologies De Mexico, S.A. De C.V. |
Laws of Mexico |
Mexico City Court |
|
Huawei Services (Hong Kong) Co., Limited |
Laws of Hong Kong |
Hong Kong Court |
14.4 "Order" refers to the order you placed with us either online or offline for subscription of the Services.
14.5 "Privacy Statement" refers to Privacy Statement located at: https://www.huaweicloud.com/intl/en-us/declaration/sa_prp.html, which is incorporated into this Agreement by reference, as may be updated from time to time.
14.6 "Services" or "Huawei Cloud Services" refers to the services made available by us or our affiliates.
14.7 "Reseller" means the Huawei Cloud partners with pre-sales consulting, sales, and service capabilities who are developed, supported, and managed by the Huawei Cloud Distributors with an intention of reselling Huawei Cloud services and solutions to End Users.
14.8 "Services Terms" refers to services terms located `at: https://www.huaweicloud.com/intl/declaration/sa_cua.html, which is incorporated into this Agreement by reference and may be updated from time to time.
14.9 "Your Content" refers to all data (including personal data), software, device, text, images, video, audio, photographs, third-party applications, information, materials, in any format, provided or made available by you and/or your End User that is transferred to, stored in, processing on the Services. Our materials, data and information will not fall within the definition of Your Content
14.10 "Third-Party Content" refers to any third party software, data, interfaces or other products installed, used or downloaded by you in connection with the Services.
14.11 "Website" refer to Huawei Cloud Website located at: https://www.huaweicloud.com/intl/.
15.Country Specific Terms
The country-specific terms below will replace the above equivalent terms in this Agreement.
If your Solution Provider or Reseller is registered in India, the above section 10 will be replaced with the below term.
10.1 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 laws of India.
10.2 The Parties agree to submit all disputes, controversies or claims in relation to this Agreement, whether contractual or tortious, for arbitration. The arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or enactment thereof for the time being in force. The place of the arbitration shall be in New Delhi. The arbitration proceedings shall be a sole arbitrator appointed mutually by the Parties and shall be conducted in English language. The award of the arbitration shall be final and binding against the Parties. All costs and expenses in respect of the arbitration shall be borne by the non-prevailing Party.
Any Party may, without violating section 10.2 above, seek from the courts at Gurgaon, Haryana, any provisional remedy that may be necessary to protect its rights pursuant to this Agreement. Notwithstanding that, the final right of determination of any provisional remedy granted and the ultimate controversy or dispute shall be resolved and decided according to section 10.2.
Last Updated: December 29, 2025
You can see what is updated in Huawei Cloud End User License Agreement History Version.