Legal Clauses

SecMaster Service Agreement

SecMaster Service Agreement

This Service Agreement (hereinafter referred to as "this Agreement") describes your rights, obligations, and responsibilities of using Huawei Cloud services. Please read the terms carefully, especially the terms that have a significant impact on your rights and interests, such as exemption from liability and limitation of liability. Such terms are in bold in this Agreement

You understand and agree that by using any service as stated under this Agreement, you are deemed to have read and agree to the General Terms of Service in this Agreement and the Dedicated Terms of Service for the service you use. By using any service under this Agreement, this Agreement shall become legally binding on you. If you do not agree to part or all of the terms of this Agreement, you shall stop using any such related services.

1. General Terms of Service

1.1 Contracting Entity: This Agreement is entered into by and between Huawei Cloud Contracting Party as defined in Section 15.4 of Huawei Cloud Customer Agreement (hereinafter referred to as "Huawei Cloud", or "We") and you (or "User"). Once this Agreement takes effect, it has legal effect between you and Huawei Cloud. You acknowledge that you shall be a natural person, legal person, or other organization that has full capacity for civil 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 Separate Agreement: If you subscribe to this Service offline, purchase this Service through our partners, or purchase partner products that integrate this Service, you may sign a separate agreement with us or our partners. You acknowledge and agree that you will remain bound by the separate agreement mentioned in this article if you are authorized to access and use this Service.

1.3 Agreement Update: This Agreement is subject to change. We will notify you of any changes to this Agreement by posting a notice on our website or by other means. You can also visit our website to 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.

1.4 Service Maintenance: We may maintain this Service from time to time through application upgrade, patch installation, or bug fixing. We will use our reasonable efforts to notify you of such maintenance events (except for emergency maintenance). You agree to use your best efforts to comply with any notified cooperation requirements.

1.5 Your Content

1.5.1 The definition and related regulations of "Your Content" are subject to the Huawei Cloud Customer Agreement (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_cua.html).

1.5.2 In terms of your content, except as required by laws and regulations or for your use of this Service, Huawei Cloud is entrusted to process your data only in accordance with your authorization and instructions and the agreement between you and us.

1.5.3 You have the right to upload, delete, and modify your content. Exercise caution when deleting or modifying data and you shall solely bear the consequences of these operations.

1.5.4 You shall back up your data as required. Huawei Cloud provides data backup services only in accordance with relevant laws and regulations.

1.6 You shall be responsible for your end users. If your end users violate laws and regulations when using services related to this Agreement, or improperly use related services and cause damages to third parties or Huawei Cloud, you shall be liable for compensation.

1.7 Our Limited Warranty

1.7.1 The provision of a Huawei Cloud service is based on the availability status and product features of the cloud service at the time of provisioning, and does not constitute a commitment of Huawei Cloud to provide the cloud service for a long time after a certain lifecycle of the cloud service ends.

1.7.2 You understand and agree to our limited warranty in terms of the SLA in Clause 4.3 "Our Limited Warranty" of the Huawei Cloud Customer Agreement (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_cua.html).

1.8 Agreement by Both Parties.

1.8.1 You understand and agree that your use of this Service must comply with applicable laws and regulations. We provide you with standard services only in accordance with your instructions and are not responsible for the legal compliance of your use of this Service. If we reasonably believe that you have violated laws, regulations, or the rights of third parties when using this Service, or violated the terms of related agreements (including Legal Statement, Privacy Statement, Acceptable Use Policy, Huawei Cloud Customer Agreement, and other agreements related to you on the Huawei Cloud official website) ("Prohibited Content"), we have the right to delete Prohibited Content, prohibit your use of related services and access to related content, or suspend services. In addition, you shall compensate for all losses caused to Huawei Cloud attributable to your default, breach, violation, act or omission.

1.8.2 Huawei Cloud provides O&M only for Huawei Cloud services. You shall ensure the security and stability of your network and devices. If any device fault or network interruption occurs due to your own or third-party reasons, you shall resolve the issue in a timely manner to avoid impact on Huawei Cloud services.

1.8.3 When the lifecycle of a specific cloud service product reaches the end of marketing (EOM), end of service and support (EOS), or end of all service activities, we will use our best commercial efforts to notify you. After reading and understanding the notification, you can agree to upgrade related services or migrate related services to updated software and hardware.

1.9 Disclaimer

1.9.1 You understand and agree that we are not liable for unavailability of this Service in the following situations:

1) Service unavailability or any legal consequences caused by your refusal to provide relevant information or the information provided does not meet service requirements.

2) Service unavailability due to force majeure.

3) Service unavailability due to your reasons or other non-Huawei Cloud reasons.

4) Service unavailability during regular service maintenance.

1.9.2 You understand and agree that before the lifecycle of a specific cloud service reaches the end of all service activities, we will use our best commercial efforts to notify you. You need to migrate or upgrade related workloads within a certain time window based on the notification of Huawei Cloud. If you do not choose to upgrade this Service to a new version available, you agree that Huawei Cloud has the right to automatically upgrade it when the right opportunity arises. We shall not be held liable for any potential service outage arising from the upgrade.

2. SecMaster Terms of Service

2.1 Service Content

SecMaster (Situation Awareness) is a next-generation cloud native security operations platform. Based on years of Huawei Cloud experience in cloud security, it enables integrated and automatic security operations through cloud asset management, security posture management, security information and incident management, security orchestration and automatic response, cloud security overview, simplified cloud security configuration, configurable defense policies, and intelligent and fast threat detection and response.

2.2 Collection and processing of your personal information

You understand that the above information is necessary to provide services to you. If you choose not to provide or authorize us to collect and use of the above information, you will not be able to use our services normally and we will not be able to serve you. In addition, you understand and agree that Huawei Cloud has the right to collect, use, and process your personal data in accordance with the Privacy Policy Statement (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_prp.html). Huawei Cloud promises to respect and protect your privacy in accordance with the Privacy Policy Statement.

2.3 Processing Your Content Data

You understand and agree that you have full ownership and control of the security logs and  cloud environment and other data entrusted to us by you and/or your end users in any format during the use of the SecMaster Service, and you are responsible for the legality of the source and acquisition of the above data. Huawei Cloud is entrusted to process your data to achieve the functions or purposes of this Service (1) collect your security logs (2) analyze your cloud environment for the purpose of providing the SecMaster service for you. If you disable data collection, Huawei Cloud will not collect or handle your security logs or provide you with related services. Your content data will be processed in [the Republic of Singapore] and deleted immediately after the end of the service activity. In addition, you can set storage policies and control your content data.

2.4 Cooperation You Need to Provide

SecMaster deploys collectors on your Elastic Cloud Servers (ECSs) in your cloud environments and installs software in Linux OSs. If data leakage occurs because of unauthorized OSs or infection by Trojans, you understand and agree to bear the consequences and ensure that Huawei Cloud will not suffer any loss.

2.5 Restrictions

Special compliance: SecMaster is an open security operations platform that allows you to customize data collection, analysis, and processing, playbook and plug-in orchestration, and large-screen and report layout. When using SecMaster, you are responsible for your compliance with applicable regulations and laws on data protection and content management. We are not responsible for the availability of your custom content.

2.6 Service Pricing

SecMaster provides two billing modes, yearly/monthly and pay-per-use billing, to meet requirements in different scenarios.

1) Yearly/Monthly is a prepaid billing mode. You pay in advance for a subscription term. Before purchasing yearly/monthly resources, make sure you have a top-up account with a sufficient balance. The longer the subscription, the bigger the discount.

2) Pay-per-use is a postpaid billing mode. You pay as you go and just pay for what you use. Your usage is calculated by the second and billed by the hour. This mode allows you to adjust resource usage easily. You do not need to prepare resources in advance, and will not have excessive or insufficient preset resources.

2.7 Disclaimer

2.7.1 You understand and agree that SecMaster is provided "as is". Huawei Cloud cannot guarantee that SecMaster will run without interruptions, completely error-free, or able to detect all real intrusion threats. You agree that the services provided by SecMaster may have inevitable technical limitations and that Huawei Cloud is not responsible for any consequences resulting from such limitations. You agree to work with SecMaster to eliminate these limitations.

2.7.2 You understand and agree that free services or functions provided by SecMaster might become unavailable or abnormal or have vulnerabilities and Huawei Cloud is not responsible for any consequences of your using all or part of those free services or functions.

2.7.3 You understand and agree that the measures or suggestions for rectifying baseline settings or vulnerabilities, security incidents, and threat intelligence provided by SecMaster are only for your reference to evaluate security risks and make security decisions. Huawei Cloud cannot guarantee that the recommended measures or suggestions can completely resolve all your security issues. Huawei Cloud does not make any commitment or warranty on the validity, accuracy, stability, timeliness, authenticity, and integrity of the security information. You shall be responsible for decisions and security measures you take. Huawei Cloud does not guarantee that security measures you actually take meet your expectations.

2.7.4 You understand and agree that the default security orchestration workflows and playbooks provided by SecMaster are for your reference only. You are responsible for creating and enabling security orchestration models based on your service requirements. By starting security orchestration in SecMaster, you understand and agree to accept all operations involved and possible risks they might incur. Huawei Cloud does not make any commitment or warranty in any form on the security orchestration that you actually configure or its fitness for your service requirements.

2.7.5 SecMaster collects security logs to assess your cloud environment security. The collected logs may contain important data, such as IP addresses of key service systems. You are responsible for determining the classification of such data based on service scenarios and taking appropriate measures.

2.8 Other Special Notes

None.

 

Last updated: December 28, 2023