Legal Clauses

Live Service Agreement

Live 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/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 solelly 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/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 useour 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. Live Terms of Service

2.1 Service Content

This Service provides functions such as livestream push, live video playback, live acceleration, livestream processing (recording, transcoding, snapshot capturing, and delay), and livestream statistics.

2.2 Collection and Processing of Your Personal Data

For the entire service process, you understand and agree that Huawei Cloud is entitled to collect, use, and process your personal data in accordance with the Privacy Statement (https://www.huaweicloud.com/intl/en-us/declaration/sa_prp.html).

2.3 Processing Your Content Data

2.3.1 Processing of personal information contained in your content data

You understand and agree that you shall be responsible for the sources and validity of the data that you entrust us to process when you and/or your end users use Live. Such data includes audio and video streams, videos, images, IP addresses, session IDs, browser information, operating system information, device models, and network connection information (access network types). You have full ownership and control of the preceding data. Huawei Cloud is only entrusted to process your data.

(1) To provide you with the livestreaming function, we will process you and/or your end users audio and video streams for streaming and playing live videos. The content data will not be stored and will be cached in the server memory, and will be automatically cleared after the livestreaming is complete.

(2) To provide you with the livestream processing function, we will process you and/or your end users videos and images to record and capture snapshots of livestreams. The content data is stored in your OBS bucket and you can control the content data.

(3) To display livestreaming experience metrics, we will process information such as you and/or your end users IP address, session ID, browser, and device model to collect statistics on metrics such as live bandwidth/traffic, number of viewers, and number of pushed streams. The preceding data will be transferred to and processed in Singapore, Thailand, or Hong Kong (China), and retained for 90 days by default.

(4) To provide you with the fault locating function, we will process information such as you and/or your end users IP address, session ID, browser, operating system, device model, and network connection (access network type) to help you locate and analyze service function faults. The preceding data will be transferred to and processed in Singapore, Thailand, or Hong Kong (China), and retained for 90 days by default.

You understand and agree that the parties shall process the personal data contained in Your Content in accordance with the Data Processing Addendum (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_dpa.html). Huawei Cloud promises to process the personal data contained in Your Content in accordance with the Data Processing Addendum.

2.3.2 Processing of your other content data

(1) To provide you with the live acceleration function, we will process data of your domain names, media stream authentication, and link encryption certificates for data synchronization of acceleration nodes. The preceding data will be transferred to and processed in Singapore, Thailand, Hong Kong (China) and Chinese mainland, and retained for 90 days by default.

(2) To provide you with the international livestreaming function, you need to configure an acceleration area for the domain name:

When you select Outside Chinese mainland as the acceleration area for a domain name, the configuration data and audio/video data of the domain name will be distributed and accelerated only in Outside Chinese mainland when you or your end users use the domain name. When you select Global as the acceleration area for a domain name and you or your end users use the domain name, data of the domain name will be transferred across borders in the following scenarios:

a) Audio/video data will be transferred from Outside Chinese mainland to the country or region where your end users are.

b) The configuration data of the domain name will be transferred from Outside Chinese mainland to Singapore and Hong Kong (China).

c) Statistics on international livestreaming watched by end users will be transferred from the Huawei Cloud Regions where the end users are to the country or region where the Live origin server of the domain name is.

You understand and agree that you have full control and ownership of the preceding data transferred across borders. You shall comply with applicable laws and regulations to ensure the legality of cross-border data transfer. This Service only provides technical capabilities for data forwarding and is entrusted to transfer your content data. You shall be responsible for your cross-border data transfer.

2.4 Restrictions

Ensure that your end users also comply with the rules of this Agreement. We are not liable for the live video content and behavior of your end users. When using this Service, you and your end users are not allowed to livestream the following content that: (including but not limited to)

(1) Compromises national security, divulges state secrets, subverts state power, or undermines national unity;

(2) Advocates terrorism or extremism or instigates terrorist or extremist activities;

(3) Spreads rumors and fake information, disrupts social order, or undermines social stability;

(4) Spreads or describes content that involves obscenity, pornography, gambling, violence, murder, terror, or abets crimes;

(5) Insults or defames others, or infringes upon the reputation, privacy, and other legitimate rights and interests of others;

(6) Advocates or incites discrimination against people, regions, ethnic groups, beliefs, countries, genders, ages, occupations, and health;

(7) May cause minors to imitate unsafe behavior, violate social morality, or induce minors to have bad hobbies;

(8) Other content restricted or prohibited by applicable laws and any legally binding regulations within the jurisdiction of the country or region where you or your end users are.

In the event of any of the above, we have the right to unilaterally suspend or terminate provisioning this Service to you and ask you to compensate us for any and all losses arising therefrom. In addition, we have the right to withhold any cloud service fees or support service fees you have already paid.

2.5 Service Pricing

We will release the billing mode and price system of Live on the Huawei Cloud official website. For details about the billing rules, see the billing description at https://support.huaweicloud.com/intl/en-us/live/index.html.

You shall keep your account balance sufficient to ensure continuous use of this Service. We reserve the right not to provide services for you or terminate the services before you pay the fees as agreed. In addition, we reserve the right to investigate legal liabilities for arrears.

You understand and agree that we have the right to irregularly adjust the Live product system, name, price, and billing mode based on the business performance. We will use our best and reasonable efforts to notify you of the adjustments and changes in advance through official website announcements, internal notifications, or send to your reserved contact information in advance.

2.6 Disclaimer

You understand and agree that your use of this Service must be in compliance with applicable laws and regulations. We only provide you with standard services upon your request and are not responsible for the legal compliance of their use and your content. We are not liable for any improper operations, non-compliant data sources, or illegal behavior when you use this Service. If any damage is caused to Huawei Cloud due to the preceding behavior, you shall compensate Huawei Cloud.

2.7 Other Special Notes

If you or your end users apply this Service to specific industries (such as education, healthcare, and banking), you or your end users must comply with the data protection laws and regulations practiced by the countries and regions where this Service is used.

 

Last Updated: April 30, 2024