Huawei Cloud Construction Cloud Service Agreement Print
Huawei Cloud Construction Cloud Service Agreement
Welcome to Huawei Cloud Construction Cloud Service (CCS).
Before using Huawei Cloud CCS (hereinafter referred to as "this Service"), read the Huawei Cloud Construction Cloud Service Agreement carefully.
The Huawei Cloud Construction Cloud Service Agreement (hereinafter referred to as "this Agreement" or "Service Agreement") describes your rights, obligations, and responsibilities when you use this Service. Please read the terms carefully, especially the terms that have a significant impact on your rights and interests, such as exemption from liability and limitation of liability. Such terms are in bold in this Agreement.
You understand and agree that by enabling this Service and completing registration, you are deemed to have read and agree to all of the terms in this Agreement. This Agreement shall become legally binding on you. If you do not agree to part or all of the terms in this Agreement, you shall stop using this Service.
Important notes:
- Service Objects. This Service is intended for enterprise or organization customers, providing a digital platform for their employees to manage construction projects throughout the entire lifecycle. It provides end-to-end management capabilities, including project initiation, estimation, budgeting, accounting, and final accounting, design, procurement, project, Environment, Health, and Safety (EHS), and acceptance management. In addition, this Service provides trial services for authorized enterprise or organization users.
- Enterprise Users. If you are a user authorized by an enterprise or organization to use this Service, the enterprise or organization may have other rules, policies, and requirements that restrict your use of this Service. If you have any questions about this Service, please contact your enterprise or organization.
This Agreement includes the following terms:
- Agreement Content and Validity
- Our Services
- Your Account and Content
- Code of Conduct for Users
- Privacy Protection and Security
- Intellectual Property
- Confidentiality
- Service Expense and Payment
- Term, Suspension, and Termination
- Warranty, Indemnification, and Limitation of Liability
- Force Majeure
- Governing Law and Jurisdiction
- Miscellaneous
- Terms and Definitions
1.Agreement Content and Validity
1.1 Contracting Party. This Agreement is entered into by and between Huawei Cloud Contracting Party as defined in Section 12 of this Agreement (hereinafter referred to as "this Service", "Huawei Cloud", "we", "us" and "our")and you (hereinafter referred to as "User", "Customer", "you" or "your"). Once this Agreement takes effect, it has legal effect between you and us. You acknowledge that you shall be a natural person, legal person, or other organization that has full capacity for civil conduct, and may independently carry out civil juristic acts. If the foregoing is not true, please do not use this Service. Otherwise, you shall bear all consequences caused thereby. In addition, Huawei Cloud has the right to cancel (or permanently freeze) your account and claim compensation from you. In the event that you register on behalf of a company or other legal entity, you represent and warrant that you are an authorized representative of the company or legal entity to bind such company or legal entity to the terms of this Agreement.
1.2 Agreement Update. This Agreement is subject to change. We will make our best and reasonable efforts to notify you of any major changes to the Agreement. You can also visit our website and read the latest service agreement. If you do not agree to part or all of the latest version of this Agreement, please stop using this Service. By continuing to use this Service, you acknowledge that you are aware of and agree to the latest version of this Agreement.
2.Our Services
2.1 Services. This Service is provided by Huawei Cloud. Users can purchase, access, and use this Service, including but not limited to web pages, through the Huawei Cloud website.
a. This Service includes end-to-end management functions such as project initiation, estimation, budgeting, accounting, final accounting, design, procurement, project, EHS, and acceptance management. These functions and services may be optimized or modified based on user requirements and service versions or unilateral judgment of service providers, or suspended due to regular or irregular maintenance
b. This Service can be accessed using browsers on multiple platforms.
2.2 License. We grant you a non-exclusive, non-transferable, non-sublicensable, and limited license to use this Service in accordance with this Agreement. You can register an account and access and use this Service based on the access address provided after your enterprise or organization enables this Service. If you use an enterprise or organization account, you can authorize relevant users ("End Users") to register, access, and use this Service within the scope of your permissions. However, you shall be responsible for the behavior and content of the relevant users. The number of registered users cannot exceed the user quota purchased by the enterprise.
2.3 Trial Services. By using the trial services, you acknowledge and agree that the services are provided on an "as-is" and "as-available" basis. When you use the trial services, we do not make any commitment to the availability or reliability of any service. We are not liable for any work or results of your use of the trial services. Huawei Cloud reserves the right to modify or update one or more functions of the trial services, or to discontinue any trial service, provided that Huawei Cloud has notified you in advance. If you have breached any term of this Agreement, or Huawei Cloud holds that your usage of trial services does not comply with this Agreement, Huawei Cloud can suspend or terminate your trial services or restrict your authority to order new trial services without a prior notice. If your breach of this Agreement causes any loss to Huawei Cloud, it has the right to require you to provide compensation for the loss.
In addition to the terms and conditions of this Agreement, you agree to comply with the HUAWEI CLOUD Customer Test Agreement (if applicable), which are incorporated into this Agreement by reference. You can view the agreements at the following URL: https://www.huaweicloud.com/intl/en-us/declaration-sg/tsa_cta.html.
2.4 System Requirements. This Service requires Internet access (which may be charged). Some functions may require certain software (which may be charged) and one or more compatible devices, and the corresponding software may require to be updated. Therefore, the use of this Service may be affected by these factors. It is recommended that you use this Service with high-speed Internet access and on a compatible system or device. You acknowledge and agree that we are not liable for any abnormalities and any problems incurred during the use of this Service, such as security risks, caused by the Internet, telecommunication networks, OSs, or devices, or any losses, expenses, and liabilities incurred therefrom.
2.5 Service Upgrade. To improve the service quality and user experience, we will change, upgrade, modify, and transfer this Service or any part of this Service and related functions and plug-ins from time to time. We will notify you through the official website or other channels. You are advised to regularly check the notifications on the official website. Note: If a new version is released, please upgrade to it promptly. If you continue to use the earlier version, some functions may be unavailable due to compatibility issues. We will notify you when an update is released.
2.6 Service Support and Consultation. To help improve our service quality and user experience, we welcome any inquiries and corrections related to this Service from you. We will contact you as soon as possible regarding any feedback you provide.
2.7 Third-Party Services or Content.
a. Services or content provided by third parties may appear in various forms during the Services, or links may be redirected to third-party platforms or websites.
b. Third-party services or content are services or content independent of the Services. Please read the third party's service agreement and privacy policy carefully before you click to accept the third party's service or agree to be redirected to the third party's platform or official website.
c. We do not make any representations or warranties about the third party's service, content, and platform. We shall not be liable for any loss, damage, expense or cost of any nature or kind that it may cause to you.
3.Your Account and Content
3.1 Your Account. To access and use this Service with complete functions, you must register an account and become a user of this Service.
a.Account information. When registering an account, you shall provide truthful and accurate information. Once your information changes, please update it in time.
b.Account responsibilities. (i) You are responsible for maintaining the confidentiality of your account and the security of any passwords, authentication keys, or security credentials used for enabling your access to this Service. (ii) Your account can only be used by you and cannot be transferred to or provided for others in any manner; otherwise, Huawei Cloud has the right to withdraw your account immediately without notice, and will not compensate for deletion and loss of the data generated during your use of this Service. (iii) You are responsible for all activities that occur under your account, no matter whether they are conducted by you or authorized users. You must notify us immediately if your account is misused or used without authorization or there are any security incidents related to this Service. You acknowledge and agree that we will not be responsible for any unauthorized use or misuse of your account, unless such use is directly caused by our violation of the terms and conditions hereunder. (iv) You acknowledge that when you complete registration procedures or use this Service in other ways, you shall be a natural person, legal person, or any other organization that has full capacity for civil rights and capacity to conduct civil acts. If the foregoing is not true, please do not use this Service. Otherwise, you shall bear all consequences caused thereby. In addition, Huawei Cloud has the right to cancel (or permanently freeze) your account and claim compensation from you. In the event that you register on behalf of a company or other legal entity, you represent and warrant that you are an authorized representative of the company or legal entity to bind such company or legal entity to the terms of this Agreement. (v) You understand and agree that the account name, signature, profile picture, and introduction as well as other relevant information you provide during registration do not contain any illegal or inappropriate information, you do not register an account of this Service by impersonating others, on behalf of others without permission, in a way that may mislead other users, or using an account name that infringes upon others' rights and interests (including but not limited to circumstances where you violate others' right to trademarks and right of reputation). Otherwise, Huawei has the right to reject your registration application or stop providing this Service to you and reclaim your account, and you shall be solely liable for any and all losses incurred therefrom.
c.Login using an account created on a third-party platform (if applicable). If your account is registered on a third-party platform (for example, an internal SSO account), the account platform shall be responsible for managing the account information, including the user ID and password used to create the account. We will not be liable for your account information. For any disputes arising from the third-party account information, please contact the third-party account service provider. However, if your account information is disclosed or intercepted, you can still contact us to suspend or terminate the use of your account.
d.Real-name authentication (if applicable). To comply with laws and regulations in specific countries or regions, for example, if this Service you select runs on Chinese infrastructure, we may ask you to implement real-name authentication and to provide identity information, business licenses and other information to complete identity authentication or qualification verification. You can use this Service only after your identity and qualification are verified. You understand and agree that we are entitled to verify, or authorize a third party to verify whether the information you provide for real-name authentication is truthful, accurate, and valid. If you do not complete real-name authentication in accordance with relevant laws and regulations and our requirements, you will not be able to use this Service.
3.2 Enterprise Account. If you are using this Service on behalf of an enterprise or organization, you need to register an enterprise account with Huawei Cloud as the enterprise administrator. The account administrator has the permission to manage the non-administrator accounts under the account. When you successfully subscribe to this Service and this Service is successfully provisioned, we will automatically create a CCS account for you based on your enterprise account information, which is used to sign in to and manage this Service. If your account is an enterprise account, we have reason to believe that you and your enterprise have signed the corresponding Service Agreement and Privacy Statement or other agreements or rules that have the same or similar nature and you and your enterprise are both subject to such agreements or rules. We are not obligated to resolve any disputes arising therefrom and we do not assume any liabilities for such disputes.
3.3 End User Account. After purchasing and enabling this Service, the enterprise account administrator can manage end user accounts. End users can access this Service through the unique access address of the enterprise. When accessing this Service for the first time, end users need to register an end user account. The enterprise account can be used to register end user accounts in batches on the enterprise control page. The registration information includes personal information such as the username, mobile number, and email address. In this process, this Service functions only as a trustee to provide user registration, storage, and login authentication. The controller of the personal data is the enterprise and the user. For details, see the Huawei Cloud Construction Cloud Service Privacy Statement.
3.4 Service Management Account. A service management account belongs to a user (also called "System Administrator") authorized by an enterprise to configure and manage this Service on Huawei Cloud. By creating an enterprise tenant, the enterprise authorizes Huawei Cloud to create and manage the service management account for stable and reliable running and operations of this Service, routine function upgrades, and platform O&M. This account is neither granted any service data permissions of any enterprise or organization tenant, nor involved in the service management of any enterprise or organization tenant.
3.5 Your Content.
a. During the service period, you will grant us a non-exclusive, transferable, and free right to use your content within the scope of this Service and its support and maintenance.
b. If you are an enterprise account user, you acknowledge that we are only the processor of your content, and we will process your content under your instructions.
c. You shall ensure that your content does not violate the terms and conditions of this Agreement and complies with applicable laws and regulations. You shall be responsible for the legitimacy, accuracy, integrity, and reliability of your content, including but not limited to developing and implementing appropriate security regulations (such as user management and access control), deploying appropriate cloud security services, implementing appropriate security configurations, and installing vulnerability patches in a timely manner. As part of the service terms, you are responsible for obtaining and maintaining any required notice, consent, or authorization related to your content. We will not access or use your content unless it is necessary to provide you with this Service or to comply with laws and regulations or binding orders from competent authorities. We will not assume any obligations or liabilities related to your content, unless otherwise specified in laws.
3.6 End User Content. You shall ensure that your end users also comply with the terms of this Agreement. We are not liable for the content and behavior of your end users.
3.7 Account Deletion, Suspension, or Termination. (i) You can contact the enterprise or organization administrator for handling. (ii) If any of the circumstances specified in Article 9 occurs under your account, we may suspend or terminate your account, which will prevent you from accessing and using this Service. (iii) If you are an enterprise account user, we may suspend or terminate your account in accordance with the instructions and requirements of your enterprise or organization.
4.Code of Conduct for Users
4.1 Compliance and Responsibility. You fully understand and agree that we only provide a service platform for users. You shall be liable for all behaviors and results of using this Service. You further agree that you will strictly comply with this Agreement when using this Service.
4.2 Non-commercial Use. You agree that you will not duplicate, copy, sell, resell, or use any part of this Service or its use or acquisition for advertising and any other commercial purposes.
4.3 Prohibited Acts. When accessing or using this Service, or allowing others to access or use this Service, you shall not:
a. Violate any applicable regional, national, or international laws, regulations, and rules;
b. Infringe upon the rights of others, including but not limited to privacy or intellectual property rights;
c. Conduct, promote, facilitate, or allow illegal, unlawful, harmful, or fraudulent practices, including but not limited to any explicit or illegal activity laid out in Section 4;
d. Transmit, offer, upload, download, use, re-use, disseminate, or distribute any illegal, infringing, offensive, or harmful content or materials;
e. Transmit, send, or upload data or any other material that contains viruses, worms, Trojan horses, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or computer code designed to adversely affect the operation or security of any computer software or hardware;
f. Attack, interfere with, disrupt, or adversely affect any services, hardware, software, systems, websites, or networks, including but not limited to using high volume automated means (including robots, spiders, scripts, or similar data collection or extraction methods) to access or attack any services, hardware, software, systems, websites, or networks;
g. Access any part of the services, accounts, or systems without authorization, or attempt to do so;
h. Violate or adversely impact the security or integrity of the services, hardware, software, systems, websites, or networks;
i.Distribute, transmit, or send unsolicited emails, mass emails, or other messages, promotions, advertisements, or solicitations (like spam);
j. Offer fraudulent goods or services, or any advertising, promotional, or other materials that contain false, deceptive, or misleading statements or representations;
k. Impersonate any person or institution, or make false statements or lies in connection with any person or institution;
l. Violate laws and regulations or carry out illegal activities, such as gambling, illegal appropriation of public deposits, fund-raising fraud, pyramid selling, and other illegal and criminal acts, or provide assistance for illegal and criminal acts when you use this Service. You shall compensate for any resulting loss caused to Huawei Cloud or others.
4.4 Illegal Content. You confirm and agree that by using this Service, you shall not upload, use, share, or otherwise disseminate any prohibited content described below. Your content shall not include:
a. Defamatory, obscene, offensive, hateful, or inflammatory information;
b. Violent, sexually explicit or discriminatory material based on race, gender, religion, nationality, disability, sexual orientation, age, or any other grounds;
c. Information that infringes on intellectual property rights;
d. False, deceive, or misleading information;
e. Information that promotes, advocates, incites, or assists any illegal activities;
f. Threats, abuse, or invasion of third party's privacy;
g. Any statements that are known, believed, or reasonably assumed to be interpreted by the public as encouragement or inducement, whether directly or indirectly, to engage in, prepare for, or incite acts of terrorism.
4.5 Special Compliance. If you use this Service to create groups or apply it in specific industries (such as education, healthcare, and banking), you must comply with the user data protection laws and content management laws stipulated by relevant countries and regions. We do not assume any responsibility for this.
4.6 Supervision and Execution. We have no obligation but reserve the right to investigate any violation of this clause or any abuse of this Service. If there is any violation or suspected violation, we may take any of the following actions at our discretion without any liability to you (without prejudice to any of our other rights or remedies under this Agreement), including but not limited to: removing, blocking, disabling your access to this Service, suspending or terminating your account, and reporting or disclosing your violations to law enforcement agencies or other governing third parties.
4.7 Violation Report. If you know or discover any violation of this clause, please notify us immediately to stop or remedy such violation. If necessary, please provide us with reasonable assistance to take measures stated in accordance with Section 4.
5.Privacy Protection and Security
5.1 Your Personal Data. As part of this Service, we comply with the Huawei Cloud Construction Cloud Service Privacy Statement signed with you to protect your personal data provided to us. You can learn about the disclosure rules regarding the collection and use of personal data in the Huawei Cloud Construction Cloud Service Privacy Statement. If you are an enterprise user, please contact your enterprise or organization.
5.2 Your Content Privacy. Subject to applicable laws and regulations in your country or region, we will store your content in our data center ("Server"). Your content will be stored in a data center located in Singapore. Without your prior consent, we will not migrate your content unless (a) we have to migrate it to comply with applicable laws and regulations or restrictive orders of government agencies; or (b) for the purpose of providing bills or management or technical services, or for investigating security incidents or violations of this Agreement. We may process certain data in the data center where you use this Service, or in areas where we perform operations, support, and investigations. In addition, we will not disclose or provide your content or data to third parties without your consent, unless: (a) required by applicable laws and regulations, legal procedures, litigation, arbitration, legal documents, or policy documents; (b) required by judicial or administrative authorities or other competent government authorities; or (c) in other scenarios specified in the Huawei Cloud Privacy Statement.
5.3 Our Security. The security responsibilities of cloud services cannot be fully assumed by one party, as the control scope of you and us varies depending on the type of cloud services. Both parties must ensure security within their respective areas of responsibility. Subject to the obligations defined in Sections 3.5 and 5.2, we will take appropriate administrative, physical, and technical measures to ensure that the physical data center, virtualization platform, and cloud services themselves are secure.
5.4 Your Security. You shall be responsible for the security of your content, account, password, identity authentication keys or security credentials, and operating systems and business systems that you purchase or establish through using cloud services and are managed or operated by you based on your Huawei Cloud account permissions.
Subject to the preceding Section 5.3, you shall be responsible for the consequences of such vulnerabilities caused by or related to your content or the parts for which you are responsible for security, including but not limited to any virus, Trojan, worm, or other harmful programs contained in your content.
5.5 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 and quality of the preceding 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 can purchase our security service products based on your needs, and we will provide you with products that comply with relevant agreements. However, please understand that you are still responsible for the obligations defined in Section 5.4, and you are still required to ensure the security and compliance of your own data and business systems.
5.6 Security Obligations. You shall fulfill your statutory cyber security, data security, and privacy protection obligations in accordance with applicable laws and regulations or binding requirements of national competent authorities, including but not limited to fulfilling your responsibilities for classified and hierarchical data protection, identifying important data and core data that you process and taking stricter assurance solutions and technical measures, taking effective management and technical measures to prevent network and data security risks, developing emergency plans for security incidents, handling system vulnerabilities in a timely manner, responding to regulatory requirements in a timely manner, and retaining logs.
5.7 Data Backup. You are responsible for backing up your content and related data and performing backup operations (including but not limited to online or offline backup). You shall be responsible for all activities under your account. When the service is released or your content and related data are deleted, your content and related data (including backup data) will be cleared. Huawei Cloud is not obligated to restore the data.
6.Intellectual Property
6.1 Service Trademark Rights. All trademarks and logos used and displayed in this Service belong to Huawei Cloud. Without the prior written authorization of Huawei Cloud, you may not display, use, or otherwise process any logos, graphics, or combinations thereof involved in this Service in any form, or indicate to others that you have the right to do so. No content in this Agreement shall be deemed as Huawei Cloud's approval to use any trademark or logo aforesaid by implication, no objection, or other means without prior written consent of Huawei Cloud or relevant third parties.
6.2 Service Copyrights and Other Intellectual Property Rights. You shall not, and will not allow others to:
a. Modify, alter, or make derivative content of this Service;
b. Disassemble, decompile, reverse engineer, reproduce any part of this Service, or apply any other program to obtain the source code of any software contained in this Service;
c. Distribute, resell, sub-license, or transfer this Service, unless otherwise specified in this Agreement or with written consent of both parties;
d. Access this Service for the following purposes: (i) to build competitive products or services; (ii) to reproduce any features, functions, or graphics of this Service; or (iii) to perform or disclose any benchmark, security, or performance testing of this Service.
6.3 Customer Reference. This clause applies only to users registered with an enterprise or organization account. In view of the services we provide to you, you agree that we can identify you as our customer in sales and marketing materials and activities, and use your name, trademark, and logo for this purpose, but only to indicate that you are our customer.
6.4 Feedback and Suggestions. Your suggestions will help us improve our services. Please note that we may accept your suggestions, and please be careful to provide us with any innovative ideas, suggestions, or materials. You acknowledge and agree that we have the right to use your feedback and suggestions without restriction, including but not limited to the right of using your suggestions and incorporating them into our services to develop new functions or improve service performance, functionality, or security. We will also reserve its ownership, intellectual property rights and interests.
7.Confidentiality
7.1 Definition of Confidential Information. "Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party") or to the employees, senior staff, customers, or suppliers of the Receiving Party (or its related parties) in the course of their dealings related to this Agreement whether before or after the signing date of this Agreement, in any medium or form (including written, oral, visual, or electronic forms), whether or not marked or described as "confidential", or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, which relates to the Disclosing Party (or its related parties), or to the employees, senior staff, customers, or suppliers of the Disclosing Party (or its related parties). Confidential Information does not include information that (i) is or has become generally known to the public through no act or omission of the other party; (ii) is lawfully possessed by the other party prior to the disclosure without breach of confidentiality obligations owed to the Disclosing Party; (iii) is lawfully disclosed to the other party by a third party which itself is not obliged to keep the information confidential; or (iv) is independently developed by the other party.
7.2 Protection of Confidential Information. Both parties agree to keep the Confidential Information of the other party confidential during the term of this Agreement and for five years thereafter. Either party shall not disclose the Confidential Information of the other party to anyone else except in accordance with Section 7 of this Agreement or with prior written consent of the other party. Either party agrees to take appropriate measures to protect the Confidential Information of the other party to the same extent as it protects its own Confidential Information.
7.3 Permitted Disclosure. The Receiving Party may only disclose the Confidential Information to its employees, agents, or subcontractors on a need-to-know basis, who are subject to confidentiality obligations to an extent not less stringent than the obligations under this Agreement. Unless otherwise authorized by the other party, either party may use the other party's Confidential Information only for the purpose of fulfilling this Agreement. However, either party may disclose the other party's Confidential Information in legal proceedings or as required by applicable laws and regulations, judicial authorities, administrative authorities, or other national competent authorities (e.g., to query or obtain the other party's content or data).
8.Service Expense and Payment
8.1 Trial Services. You can apply for trial services for your enterprise account registered, provided that you have reached an agreement with the sales personnel of this Service. However, you understand and agree that any trial functions or services of this Service shall not be deemed as a waiver of our subsequent right to charge for this Service or specific functions. If you intend to continue using this Service, you shall pay the corresponding fees in accordance with the charging standards and methods published by us before the trial period expires.
8.2 Expenses. Except for the first provision, this Service and its specific functions are paid-for-use. You understand and agree that we will charge you based on the SKU you subscribe to and the number of years you choose. The charging mode is prepayment. If your subscription to this Service has expired or the resource package of this Service or specific functions that you purchased has been used up and you have not yet renewed your subscription or resource package or paid for it in full amount, it shall be deemed that you have chosen to terminate your account and we will stop providing this Service to you. Other service fees and payment terms are subject to the actual contract signed with your enterprise offline.
9.Term, Suspension, and Termination
9.1 Term. This Agreement shall come into force on the effective date specified in this Agreement and shall remain in force unless terminated in accordance with Section 3.
9.2 Suspension. We may suspend your right to access or use this Service in the following circumstances: (a) due to reasonable needs to prevent unauthorized access to your data; (b) if your access to and use of this Service violate the user behavior regulations or applicable laws and regulations under this Agreement; (c) if you violate your payment obligations; (d) if your access and use of this Service may pose a security risk to this Service, us, or third parties; (e) if your access to and use of this Service may adversely affect the functionality, availability, or operation of this Service; (f) as required by relevant laws and regulations or government agencies; (g) if your access to and use of this Service may expose us, our affiliates, or subcontractors to liability or regulatory compliance risks; (h) if you may infringe the intellectual property rights of a third party; (i) if there are reasonable grounds for believing that fraud has occurred; or (j) if you have ceased normal business operations or have been subject to bankruptcy, liquidation, dissolution, or similar proceedings. You acknowledge and agree that (a) such suspension does not exempt you from the obligation to pay the service fees incurred prior to and during the suspension period; and (b) you are not entitled to any refunds or reduction of service fees for such suspension.
9.3 Termination. Either party may terminate this Agreement if the other party breaches any material clause of this Agreement and fails to cure the breach within 30 days from receipt of the notice from the other party demanding cure. You acknowledge and agree that if any of the circumstances described in Section 9.2 (a) to (j) occurs, we reserve the right to terminate this Service or this Agreement and the content that you stored when you use this Service may be deleted immediately.
9.4 Consequences of Termination. The termination of this Agreement shall not (a) affect the rights and obligations of the parties arising before the termination date; (b) affect Sections 6 (Intellectual Property Rights), 7 (Confidentiality), 10.3 (Disclaimer), 10.5 (Indemnification), 10.6 (Limitation of Liability), 10.7 (Exclusion of Liability), 12 (Governing Law and Jurisdiction), 13 (Miscellaneous), and 14 (Terms and Definitions) and any provisions necessary for the interpretation or performance of this Agreement shall remain in force.
10.Warranty, Indemnification, and Limitation of Liability
10.1 Mutual Representations. Each party represents that it has legally entered into this Agreement and it has the legal power and authority to do so.
10.2 Your Representations and Warranties. You represent, warrant, and undertake that (i) you shall comply with all the applicable laws and regulations with respect to your activities under this Agreement; (ii) you shall comply with the Acceptable Use Policy when using this Service; and (iii) your use of this Service shall not infringe the intellectual property rights or any other rights of any third party.
10.3 Disclaimer.
10.3.1 We and our affiliates do not guarantee that (a) this Service or third-party content will be free of errors, defects, harmful ingredients, vulnerabilities, or interruptions; (b) we will correct all defects, vulnerabilities, or errors related to this Service; (c) we will prevent all third-party damage or unauthorized access related to this Service, including but not limited to errors, interruptions, data damage, erasure, or leakage caused by hacker behavior or third-party service defects; or (d) this Service will be compatible with your content or any other hardware, software, systems, services, or data not provided by us.
To the extent permitted by law, unless otherwise expressly specified, we exclude and reject any warranty, representation, term, condition, or other form of commitment, whether express or implied, statutory or otherwise, including but not limited to any warranty, representation, term, condition, or other form of commitment regarding merchantability, satisfactory quality, non-infringement, quiet enjoyment, or fitness for a particular purpose.
Although this Service is committed to continuously improving the service quality and service level, it cannot be guaranteed that the provided services are flawless due to the technical level of the industry. The preceding defects shall not be deemed as a breach of contract under this Service. You shall work with this Service to resolve the preceding defects.
10.3.2 You acknowledge and agree that before the lifecycle of a specific cloud service reaches the end of service (EOS) phase, we will notify you in accordance with the provisions of Section 13.7 of this Agreement. You shall cooperate with the notice from this Service and proactively migrate or upgrade the related running workloads within a specified time window. You acknowledge and agree that this Service has the right (but not the obligation) to automatically upgrade your cloud service product to a new version based on security and other considerations, even if you do not proactively cooperate. During the version upgrade in accordance with Section 2.5 of this Agreement, your services may be suspended or become unavailable. You acknowledge and agree that we shall not be liable for any loss arising therefrom, and you shall bear the loss by yourself. You acknowledge and agree that after the EOS date of a specific cloud service software version, we will no longer provide you with any technical support, including locating new problems and fixing defects and vulnerabilities. You can upgrade to a supported cloud service software version to fix defects and vulnerabilities.
10.4 You understand and acknowledge that this Service may, when necessary, adjust the data center or underlying physical devices where your services are located, such as migrating, reconstructing, and abolishing the data center, and replacing the devices. If the preceding adjustments may affect your services, cause business disruption, or require your cooperation, this Service will notify you in advance so that you can migrate or adjust your services or business system. You shall cooperate with this Service and complete the data migration or other configuration adjustments within the time specified by this Service. Otherwise, you shall be liable for any service access failure or other problems caused therefrom.
10.5 Indemnification.
10.5.1 Our Indemnification. If a third party claims against you that a service provided by us and used by you infringes upon the intellectual property rights of the third party, we will defend you at our own cost and indemnify and hold harmless you from and against any and all losses, costs, and expenses incurred by the final verdict of the judicial court or the settlement with said third party, provided that you (a) inform us of said claim in written form in a timely manner; (b) agree that we will lead the defense and settlement; and (c) provide any and all reasonable information, permission, and assistance for us to perform such defense or settlement. We may, at our own discretion, (a) modify the service that is alleged to be an infringement without substantially affecting the functions thereof, so as to prevent infringement; (b) obtain legal authorization for the service that is alleged to be an infringement; or (c) terminate the provisioning of the service that is alleged to be an infringement and refund the prepaid fees for unused services with prior written notice. We will not indemnify you if (a) the claim is caused by your use of any software, hardware, or content not provided by us or your use of such software, hardware, or content in combination with this Service; (b) the claim arises from your content, third-party content, or your breach of this Agreement; (c) the claim arises from your alteration of this Service or your operations beyond the scope specified in the relevant documents of this Service (or your use of this Service that was not in accordance with our instructions given to you); (d) the claim arises from any modification not performed by us to this Service or the underlying software; (e) the claim arises from any necessary implementation of an industry standard or for the purpose of compliance with any applicable laws and regulations; (f) you continue using this Service after being notified to stop using it due to a third party's claim; or (g) you do not or fail to update or upgrade the current version of this Service or to implement our suggestions, by doing which you would have otherwise avoided the claim of infringement.
10.5.2 Your Indemnification. If a third party files a claim against us that (i) your content, your content that we used in accordance with this Agreement, or the combination of your content and our services infringed upon said third party's intellectual property rights, or (ii) you used this Service in an unlawful manner or in violation of this Agreement, you shall defend us against such claim at your own cost and indemnify and hold us harmless from and against any and all losses, costs, and expenses incurred by the final verdict of the judicial court or the settlement with said third party, provided that we (i) inform you of said claim in written form in a timely manner; (ii) agree that you will lead the defense and settlement; and (iii) provide any and all reasonable information, permission, and assistance for you to perform such defense or settlement. We may, at our sole discretion, suspend or terminate the provision of this Service and this Agreement without refunding any fees paid. You will not indemnify us if such claim is caused directly by our breach of this Agreement.
10.6 Limitation of Liabilities. Notwithstanding anything to the contrary and to the extent permitted by law, our maximum aggregate liability in respect of any loss, damage, fines, liability, charge, proceeding, expense, outgoing or cost of any nature or kind incurred by us or any of our affiliates 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 total amount paid by you hereunder for the services that give rise to the claim during the twelve (12) months immediately prior to the event giving rise to such liability.
10.7 Exclusion of Liabilities. In no event will either party or its affiliates be liable to the other party under any cause of action or theory of liability for any indirect, exemplary, special, incidental or consequential losses or damage, or any loss of revenues, profits, opportunities, customers, damage to goodwill, reputation, data or data use, arising from or in connection with this agreement, even if a party or its affiliates have been advised of or was aware of the possibility that such damage or loss might be incurred by the other party.
11.Force Majeure
Neither party shall be liable for acts, events, omissions, or incidents arising from events that are unforeseeable, inevitable and beyond its reasonable control, including but not limited to acts of God (including earthquakes, storms, or other natural disasters), acts of terrorism, war or warlike operations, civil unrest or riots, outage of electricity, network, or telecommunications, blockages, embargoes, fires, floods, explosions or malicious damage, plant or equipment failures, or changes of any law, government order, rule, regulation, direction, or industry standard. Both parties shall make reasonable efforts to mitigate the impact of force majeure events. If such events persist for more than 60 days, either party may cancel the unfulfilled services and affected orders upon a written notice. This clause does not excuse your payment obligations hereunder.
12.Governing Law and Jurisdiction
Governing Law and Jurisdiction. The legislation, legal binding, interpretation, performance of this Agreement, and any dispute arising out of or in connection with this Agreement shall be governed by and construed in accordance with the following governing laws. Both 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).
| Country/Region in Which You Are Registered | Huawei Cloud Contracting Party | Governing Law | Corresponding Court |
| Hong Kong | Sparkoo Technologies Hong Kong Co., Limited | Laws of Hong Kong | Hong Kong Court |
| Countries/regions other than the above | Sparkoo Technologies Singapore Pte. Ltd. | Laws of Singapore | Singapore Court |
13.Miscellaneous
13.1 Entire Agreement. This Agreement includes the body of this Agreement, any linked documents cited in the terms, any notices, usage specifications, instructions, commitments, statements, and other agreements released on the service platform, and all other agreements applicable to the Huawei Cloud platform, all of which constitute the entire agreement reached between you and us regarding this Service, including but not limited to the Huawei Cloud Customer Agreement, Huawei Cloud Privacy Statement, and Huawei Cloud Construction Cloud Service Privacy Statement. This Agreement shall replace, terminate, and supersede any and 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, regarding this Service. Unless expressly specified in this Agreement, the parties confirm that they do not rely on any oral or written representations, warranties, or commitments made by the other party with respect to the subject matter of this Agreement before this Agreement takes effect.
13.2 Relationship. Both parties are independent contracting parties. Nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency, or employment relationship between the two parties.
13.3 Non-transferability. You shall not assign or otherwise transfer this Agreement, in whole or in part, to any third party, including your affiliates, without our prior written consent. We may transfer or assign any of our rights or obligations under this Agreement to our affiliates without your consent. Before such transfer or assignment takes effect, we will inform you through a notification on our website or by other means.
13.4 No Third-Party Beneficiary. Unless otherwise expressly provided in this Agreement, a person who is not a party to this Agreement may not enforce any of its provisions hereunder.
13.5 Monitoring Measures. We may continuously manage this Service under the following circumstances: (i) operating and providing services; (ii) detecting and addressing the threats to the functionality, security, integrity, and availability of this Service; (iii) processing your service requests; and (iv) detecting illegal activities or breaches of Acceptable Use Policy and this Agreement.
13.6 Export Control and Financial Compliance.
13.6.1 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").
13.6.2 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.
13.6.3 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.
13.6.4 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.
13.6.5 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.
13.7 Notification and Delivery. The mobile number you use for registration and the contact information you provide on the website shall be deemed as your valid contact information. You shall ensure and maintain the validity of your information and contact information (including but not limited to your mobile number and email address). Huawei Cloud may deliver bills, payment reminders, service tips, business notifications, and other documents to you through the website, email, SMS message, internal message, or other methods as stipulated in this Agreement. Any delivery made by Huawei Cloud in any of the above methods shall be deemed as valid. For the avoidance of doubt, the aforementioned content delivered through the website shall take effect immediately after being published, the aforementioned content delivered through email or internal message shall take effect immediately after being sent (regardless of whether you receive or read it), and the aforementioned content delivered through SMS message shall take effect immediately after being sent. You are responsible for updating your email address or mobile number in a timely manner. If the information cannot be delivered due to any false or invalid information or failure to update your information and contact information in a timely manner, you shall bear the corresponding responsibility.
13.8 Contact Us. If you have any questions about this Agreement or any comments on this Service, you can contact our sales personnel through your enterprise or organization.
13.9 No Waiver. 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, it shall not be deemed as a waiver of a subsequent breach of that provision or a waiver of a breach of any other provision.
13.10 Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of this Agreement shall remain effective, and such an invalid or unenforceable provision shall be replaced with an alternative provision that is consistent with the purpose and intent of this Agreement.
13.11 Changes and Modifications.
13.11.1 Changes. We may modify, suspend, or terminate this Service or modify, remove, or terminate features of this Service at any time in our discretion. In the event of a material change, suspension, or termination of this Service you have subscribed to, we will notify you by posting a notice on our website or by other means. Subject to Sections 9.3 and 9.4, we will provide you with thirty (30) days' notice in accordance with Section 13.7 prior to terminating the provision of this Service or features thereof.
13.11.2 Modifications. We may modify this Agreement, including the documents and policies referenced herein, at any time at our discretion by posting a modified version on the website or by otherwise notifying you. Except as otherwise indicated in the modified version, documents, or policies, the modified terms will come into effect upon posting or notification. You shall review such terms regularly on the website. If you continue to use this Service after the amended terms take effect, you will be deemed to have accepted and agreed to said amended terms.
13.12 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, or you have violated the payment terms, including any subscription rules; (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.
13.13 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.
14.Terms and Definitions
14.1 "Registration Procedure" refers to the process through which you pass, or after you fill in the information as prompted on the activation page, read and agree to this Agreement, and complete the activation procedure, or after you complete the activation procedure in other ways, you become a registered user of Huawei Cloud CCS. For example, you may be required to enter your email address and password.
14.2 "User," also called a "Registered User" or "Customer," refers to an enterprise, organization, or individual that has the right to access and use this Service after completing the registration procedure specified in this Agreement. There are free users, paid users, and authorized users.
14.3 "Authorized User" refers to an individual who is authorized by a registered user or customer of Huawei Cloud CCS to access and use this Service in accordance with Section 3 of this Agreement. If the authorized user has completed the registration, the authorized user is also a registered user.
14.4 "End User" refers to: (1) users who have the right to use this Service within the scope of this Agreement, such as registered users; or (2) individuals who are authorized by enterprises or organizations and have the right to access and use this Service within the scope of specific sublicense, such as non-administrative enterprise users and authorized users.
14.5 "Service" refers to the content of Section 2 of this Agreement. You can also view the service introduction on our official website.
14.6 "Agreement" refers to all the content incorporated into this Agreement by reference, including but not limited to the main body terms, specifications, requirements, and documents. We reserve the right to update this Agreement at any time at our discretion. You can view the latest version of the Agreement on the official website of Huawei Cloud CCS.
14.7 "Third-Party Service or Content" refers to any third-party software, data, interfaces, or other products related to the service that you install, use, or download, or the data, services, or content that you receive from third-party platforms through links.
14.8 "Your Content" refers to all data, software, text, images, videos, and audio processed (including collection, storage, use, processing, transmission, provision, disclosure, and deletion) by you and/or your end users in this Service in any format. Our materials, data, and information do not fall within the definition of your content.
14.9 "Privacy Statement" refers to the Privacy Statement incorporated into this Agreement by reference. We have the right to update the Privacy Statement at any time at our discretion. You can access the latest version of the Privacy Statement at the following URL: Huawei Cloud Construction Cloud Service Privacy Statement.
14.10 "Partner" refers to Huawei Cloud's sales partners, solution partners, or service partners.
14.11 "Service Website" refers to the Huawei Cloud official website.
14.12 "Intellectual Property" refers to (a) patents, inventions, appearance designs, copyrights and related rights, database rights, trademarks, service IDs, trade names (both registered and unregistered), and the right to apply for registration; (b) exclusive rights to domain names; (c) professional knowledge and confidential information; (d) applications, extensions, and renewals related to any of the above-mentioned rights; and (e) all other rights of a similar nature or same effect that currently exist anywhere in the world.
Updated: June 10, 2026