OA Service Statement
OA Service Statement
This Statement (hereinafter referred to as "Statement" or "Agreement") introduces the rights, obligations, and responsibilities of users for using Huawei Cloud services. Please read the clauses carefully and fully understand them, especially those highlighted in bold that have significant impact on your rights such as limitations and exclusions of liability.
You understand and agree that by using any service in this Agreement, you are deemed to have read and agree to the General Terms of Service in this Agreement and the dedicated terms for the services you use. That is, this Agreement shall be legally binding on you. If you do not agree to part or all of the terms of this Agreement, you shall stop using relevant services.
1. General Terms of Service
1.1 Contracting Entity
This Agreement is entered into by and between Huawei Cloud Contracting Party ("Huawei Cloud", "we", "us", or "our") as defined in HUAWEI CLOUD CUSTOMER Agreement 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 rights and capacity for conducting civil acts. If you do not have the preceding qualifications, do not use this service. Otherwise, you and your guardian shall bear all consequences caused thereby. In addition, Huawei Cloud has the right to cancel (permanently freeze) your account and claim compensation from you and your guardian. In the event that you register on behalf of a company or other legal entity or use this service in a manner permitted by Huawei Cloud, you represent and warrant that you have the right to make the company or legal entity bound by 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. In the event of any conflict between this Agreement and the separate agreement, the separate agreement shall prevail.
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 the official website to read the latest service agreement. If you do not agree to the contents listed in the latest statement, stop using this service. If you continue to use this service, it means that you understand and agree to the latest statement.
1.4 Service Maintenance
We may maintain this service through application upgrade, patch installation, or bug fixing on an irregular basis. We will make our best commercial efforts to notify you of such maintenance (except for emergency maintenance). You agree to make your best and reasonable efforts to comply with any notified cooperation requirements.
1.5 Your Content
1.5.1 The definition and regulations on your content are in accordance with the HUAWEI CLOUD Customer Agreement. You can view the definition and regulations at 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 bear the consequences of the 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 are committed to being 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 the compensation.
1.7 Our Limited Warranties
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 providing 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 that can be obtained at https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_cua.html.
1.8 Representations by Both Parties
1.8.1 You understand and agree that your use of the service must comply with applicable laws and regulations. We only provide a standard service upon your requests and are not responsible for the legal compliance of your use. 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 due to your faults.
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 make 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.
1.9.1 You understand and agree that Huawei Cloud is 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 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 proactively upgrade your cloud service products, you agree that Huawei Cloud has the right to automatically upgrade the cloud service products to the new version. We shall not be liable for any potential service suspension or unavailability and you shall bear any losses incurred therefrom.
2. Service Terms of Optimization Advisor (OA)
2.1 Service Content
Optimization Advisor (OA) helps you configure resources by following best practices. Based on theories, best IT practices, and public cloud solutions in the industry, Huawei Cloud analyzes resource deployment on Huawei Cloud from 5 dimensions: performance, security, reliability, cost, and service baseline to identify risks, and provides suggestions, improving the stability of your cloud-based services. For details about the service content of OA, see the help document of OA.
2.2 Cooperation You Need to Provide
You understand and agree that you need to authorize Huawei Cloud to analyze your cloud resource information, including resource deployment information, resource configurations, resource O&M data, and resource quotas. Such data is used only for the purpose of providing services and is retained for 6 months. If you have any questions about the authorization scope, contact Huawei Cloud customer service for assistance.
You understand and agree that the risk items and optimization suggestions in the check results of OA are for your reference only and may not resolve all your issues. Huawei Cloud does not promise that the OA service is flawless. However, Huawei Cloud promises to continuously improve the service quality and service level of OA. If any defect in the OA service is unavoidable due to technological limitations, it shall not be deemed as a breach of contract by Huawei Cloud, and you need to cooperate with Huawei Cloud to resolve the issue.
Last updated: February 23, 2023