Service Statement for Huawei Cloud Extended Use Program
Service Statement for Huawei Cloud Extended Use Program
This Service Statement for Huawei Cloud Extended Use Program (hereinafter referred to as "this Agreement") describes your rights, obligations, and liabilities when using Huawei Cloud Extended Use Program (hereinafter referred to as "this Program"). 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 services in this Agreement, you are deemed to have reviewed and agreed to the "General Terms of Service" and the "Dedicated Terms of Service" for the services you are using and that 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 related services.
This Agreement is bound by the Huawei Cloud Customer Agreement that you have accepted (the acceptance forms include but are not limited to offline seals and signatures, or you click Agree online when registering or subscribing to services), including the Acceptable Use Policy, Site Terms, Privacy Statement, the related Service Level Agreements (SLAs) referenced in Huawei Cloud Customer Agreement, and other agreements and policies published on the Huawei Cloud official website (collectively referred to as the "Service Agreements"). For details, see https://www.huaweicloud.com/intl/en-us/declaration/sa_cua.html. For the rights and obligations pertaining a specific cloud service when using this Program, you shall comply with this Agreement. In the event of any conflict between this Agreement and the above-mentioned cloud service agreements, this Agreement shall prevail.
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", "we", "us", or "our") and you (or "user"). Once this Agreement takes effect, it is legally binding on you and Huawei Cloud. You acknowledge that you are a natural person, legal person, or 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 any Huawei Cloud services. 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 or use this Program in a manner permitted by Huawei Cloud, 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 at any time. 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 version of this Agreement. If you do not agree to part or all of the latest version of this Agreement, please stop using this Program. By continuing to use this Program, you acknowledge that you are aware of and agree to the latest version of this Agreement.
1.3 Service Maintenance. We may maintain this Program at any time through upgrading applications, installing patches, fixing bugs, or others. We will use all reasonable efforts to notify you of such maintenance events (except for emergency maintenance). You shall agree to use your best efforts to comply with any cooperation requirements you are notified of.
1.4 You shall be responsible for your end users. If your end users violate laws or regulations when using services related to this Agreement, or if they improperly use related services and cause damages to any third parties or Huawei Cloud, you shall be liable for compensation.
1.5 Our Limited Warranty
1.5.1 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.
1.5.2 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/sa_cua.html).
1.6 Mutual Representations
1.6.1 You understand and agree that your use of this Program 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 Program. If we reasonably believe that you have violated laws, regulations, or the rights of third parties when using this Program, or violated the terms of related agreements (including Site Terms, Privacy Statement, Acceptable Use Policy, Huawei Cloud Customer Agreement, and other agreements related to you on the Huawei Cloud official website), we have the right to delete prohibited content, prohibit your use of related services and your access to related content, or suspend related services. In addition, you shall compensate Huawei Cloud for any losses attributable to your default, breach, violation, act or omission.
1.6.2 Huawei Cloud only provides O&M for Huawei Cloud services. You shall ensure the security and stability of your network and devices. If any device faults or network interruptions occur due to your own or third-party reasons, you shall resolve the issue in a timely manner to avoid any impacts on Huawei Cloud services.
1.6.3 When the lifecycle of a specific cloud service reaches the end of marketing (EOM), end of service and support (EOS), or end of all service activities, we will make our best commercial efforts to notify you. After reading and understanding the notification, you shall agree to upgrade related services or migrate related services to updated software and hardware.
1.7.1 You understand and agree that we are not liable for unavailability of related services in the following situations:
1) Service unavailability or any legal consequences caused by your refusal to provide relevant information or the information provided not meeting service requirements
2) Service unavailability due to force majeure
3) Service unavailability due to your reasons or non-Huawei Cloud reasons
4) Service unavailability during regular service maintenance
1.7.2 You understand and agree that before the lifecycle of a specific cloud service reaches the end of all service activities, we will make our best commercial efforts to notify you. You need to migrate or upgrade related workloads within a certain time window based on the notification of Huawei Cloud. If you do not choose to upgrade the cloud 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 outages arising from the upgrade.
2. Dedicated Terms of Service
2.1 Extended Use Program
If you participate in the Extended Use Program, you will have the right to purchase Huawei Cloud extended-use services at a discounted rate, provided that your current or future expenditures on Huawei Cloud standard services (not extended-use services) reach the specified amount. Extended-use benefits include but are not limited to expenditure quota and discounted rates of extended-use services.
The SLA, functions, and performance of extended-use services are the same as the corresponding Huawei Cloud standard services. They are referred to as extended-use services only for the purpose of gaining the extended-use benefits.
2.2 Applying for Extended-Use Benefits
You can contact your Huawei Cloud account manager to apply for extended-use benefits.
2.3 Gaining Extended-Use Benefits
2.3.1 After your extended-use benefits are granted, you can purchase extended-use services at a discounted rate within the granted expenditure quota.
2.3.2 You can only use your own extended-use services. You cannot transfer them to others. If you transfer them, Huawei Cloud has the right to cancel the granted extended-use benefits.
2.3.3 Huawei Cloud regularly reviews your monthly expenditure on standard cloud services (not extended-use services). If your monthly expenditure is less than the amount you committed to use when you apply for extended-use benefits, Huawei Cloud has the right to cancel the granted extended-use benefits.
2.4 Other Special Notes
You understand and agree that we may update this Agreement based on changes to our services and/or policies. If we update this Agreement, we will publish the latest version on our website. You are advised to review this Agreement periodically for any updates. If you continue to use the services after the amended terms take effect, you will be deemed to have accepted and agreed to said amended terms.
Last updated: September 28, 2023