HUAWEI CLOUD Meeting Service Agreement

HUAWEI CLOUD Meeting Service Agreement


Welcome to HUAWEI CLOUD Meeting!

 

Before using HUAWEI CLOUD Meeting, please carefully read the HUAWEI CLOUD Meeting Service ("this Service") Agreement.

 

The HUAWEI CLOUD Meeting Service Agreement (hereinafter referred to as the “Agreement”、"Service Agreement") states your rights, obligations, and responsibilities within the scope of this Service. Please read the clauses relating to terms of use.

 

By enabling this Service and completing registration, you acknowledge that you have read, understood, and agree to all the contents stated in the Agreement, and that the Agreement are legally binding. If you do not agree to the clauses stated within this Service, please do not continue to use HUAWEI CLOUD Meeting.

 

Important Notes:

·         Intended Users. This Service is intended for but not exclusive to enterprises or organizations and provides collaborative meeting services for staff of enterprises or organizations. The basic version of this Service is free to use for individual users authorized by enterprises or organizations, without further compensation.

·         Enterprise Users. If you are a user authorized by an enterprise or organization to use this Service, the enterprise or organization may have additional rules, policies, and requirements in addition to the clauses set out in the  Agreement that restrict your use of this Service. For any questions, please contact your enterprise or organization.

 


1.    Service Terms

2.    Our Services

3.    Your Account and Content

4.    Code of Conducts for Users

5.    Privacy Protection and Security

6.    Ownership and Intellectual Property Rights

7.    Confidentiality

8.    Service Fee and Payment

9.    Term, Suspension and Termination

10.  Warranty, Indemnification, and Limitation of Liability

11.  Force Majeure

12.  Governing Law and Jurisdiction

13.  Supplementary Provisions

14.  Terms and Definitions

 

 

 

 

1.       Service Terms

1.1  Contracting Party. This Agreement is entered into by and between HUAWEI (or "HUAWEI CLOUD Meeting", "we", "us" and "our") and you (or "User"), and is legally binding upon posting.

1.1.1  If you use this Service in the Chinese mainland, Huawei Software Technologies Co.(“HST”), Ltd. will provide this Service and act as the contracting party. If you use this Service outside the Chinese mainland, Huawei Services (Hong Kong) Co., Ltd.(“HKS”) will provide this Service and act as the contracting party. HST and HKS may be individually referred to as a “HUAWEI”. Notwithstanding the above, we may have options, through the Separate Agreement (See attached in Section 1.2) to choose or change relevant affiliate(s) of HUAWEI to provision the Service, which autonomously become the contracting party, as per requirements of applicable local laws and regulations.

1.1.2  You (or “User”) hereby represent and warrant that you must be over 18 years old, or older than any certain age (“Minimum Age”) for your country or region as regulatory restrictions to create an account of our Service, before you start using this Service. You are not allowed to use this Service under Minimum age without the consent of their parent(s) or guardian(s). Please contact us if you have any questions or concerned about your qualification before or during using the Services.

1.2   Separate Agreement. If you subscribe offline, purchase from our partners, or purchase our partners' products that integrate this Service, you may sign a separate agreement with us or our partners separate from this Agreement. You acknowledge and agree that if you are authorized to or otherwise access and use this Service, you are bound by the clauses set in the separate agreement. In the event of any conflict between this Agreement and the separate agreement, the separate agreement shall prevail.

1.3   Amendment. HUAWEI may update the Agreement from time to time, with prior notice. We will use our best commercial effort to notify you of any major changes to the Agreement, or you should visit at regular intervals to read the latest version of the Agreement on the official website. The latest Agreement on the official website take effect at the date of issuance. By continuing to use this Service, you acknowledge that you have understood and agree to the latest Agreement. If you do not agree to the contents listed in the latest Agreement, please do not continue to use this Service.

 

2.    Our Services

2.1  Service. This Service is one of HUAWEI CLOUD products provided by HUAWEI and technically supported by HUAWEI CLOUD. Users can access this Service using related HUAWEI products or platforms, or using HUAWEI affiliates or other third party products, including but not limited to webpages, application software, and smart hardware devices (such as IdeaHub and mobile phones); The name of the Service may be "WeLink Meeting" on a particular platform, and the terms of Agreement also apply.

a.    This Service enables you to initiate real-name or anonymous meetings, hold multi-party audio or video meetings, set passwords, share information, and use live caption, meeting minutes, and projection functions. It also provides enterprise-oriented functions such as the corporate directory and enterprise dashboard.

b.    The functions that you are provided with may vary depending on the service resource configuration in the relevant countries or regions, or by subscription versions. For details, see the official website of this Service or the introduction of your enterprise's or organization's subscription version.

c.    This Service supports clients on multiple platforms including but not limited to iOS, Android, and Windows. If you have registered to use this Service to run on multiple platforms, interaction among multiple platforms is supported. The Agreement will automatically apply to all of your clients.

2.2  License. Except otherwise stated in this document, the Service and subsequent license are controlled by HUAWEI and cannot be transferred, sub-licensed, or distributed in any other way. You can follow the instructions on the official website (https://support.huaweicloud.com/en-us/) to download, install, register, access, and use this Service, or authorize others to access, use, and deregister this Service. When using this Service, you can authorize relevant representative (hereinafter referred to as the "authorized user") to access and use this Service within your scope of authorization. However, you must be responsible for the behavior of the authorized user, unless the authorized user has registered this Service.

2.3  Trial Version or Basic Version. The trial version or basic version refers to a product service version that we provide for you free of charge. By using either version, it is acknowledged that you have understood and agreed that the services are provided "as-is" and "as-available", and excluded from warranties set forth in the Agreement. Note: The trial version or basic version may not be provided with any user support, and we may change or discontinue the trial version or basic version at any time and without notice.

2.4   System Prerequisites. This Service requires internet access (payment may be involved), some functions may require certain software (payment may be involved) and one or more compatible devices, and the corresponding software may need to be updated. Therefore, the use of this Service may be restricted. 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 or security risks caused by the internet, telecommunication networks, or operating systems or devices, or any related loss or damage.

2.5  Service Upgrade. To improve the service quality and user experience, we may change parts of this Service at any time, including upgrade, modify, and transfer this Service or any part of this Service and its related functions, application software, and plug-ins. We will notify you through the official website, application terminal, or other channels. It is your responsibility to regularly visit our official website to check the notifications relating to this Agreement. Note: If a new version is released, please download it as early as possible. If you continue to use the earlier version, some functions may be unavailable due to compatibility problems. We will remind you to download the new version in time when an update notification is released.

2.6  Service Support and Consultation. To help improve our service quality and user experience, we welcome any inquiries and feedback related to this Service. We will contact you as soon as possible.

2.7  Third-Party Service or Content.

a.    During your use of this Service, the service or content provided by a third party may appear in various forms, or links to the third-party platform or website may be provided. We are not responsible or liable for the content available on such websites.

b.    We will notify you that the third-party service or content is independent of this Service. Before you accept the third-party service or agree to be redirected to the third-party platform or official website, it is your responsibility to carefully read the third-party service terms and privacy policy (statement).

c.    We make no representation or warranty of any kind in respect of the third-party service, content and platform, and shall have no liability for any loss, damage, expense or cost of any nature or kind that may be caused to you or your enterprise.

 

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. To create an account, you shall provide truthful and accurate information. Please update your information as soon as possible to ensure full operation of this Service.

b.  Account responsibility. (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; in such an event, HUAWEI 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. HUAWEI will not be responsible for any unauthorized activities or misuse behaviors of your account, unless they are caused by our breach of the Agreement.

c.    Log-in using an account created on a third-party platform (if applicable). If your account is registered on a third-party platform by using an authorization or activation code or other means, your account information, including the user ID and password used to create the account, will be managed on that platform. HUAWEI 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, contact us immediately 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, in the Chinese mainland, 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. In such a case, this Service is available 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 that 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 use this Service on behalf of an enterprise or organization, you can upgrade your account to an enterprise account. This allows an enterprise administrator to manage non-administrator accounts under your enterprise account. If you use this Service through hardware, perform the following steps to upgrade your account to an enterprise account. Alternatively, log in to the official website of HUAWEI CLOUD Meeting or contact our partners to upgrade your account to an enterprise account.

a.     On the Upgrade to Enterprise Account or Upgrade to Enterprise Version page, scan the QR code with your mobile phone and fill in the contact information. Then, we will contact you and upgrade your account to an enterprise account. We will also provide the account name and password of the enterprise administrator so that you can manage enterprise accounts in the backend and send activation codes to enterprise or organization members. This will confirm your role as an enterprise administrator.

b.     If you are not an enterprise administrator, apply for an activation code from the enterprise administrator to activate your account and upgrade it to an enterprise account. This will confirm your role as an enterprise user. An enterprise administrator has the rights to manage all enterprise accounts, including querying, modifying, disabling, and deleting the accounts of the enterprise or organization.

c.      Once your account is upgraded to an enterprise account, you and your enterprise or organization are deemed to have signed the corresponding service agreement and privacy (policy) statement or other agreements or rules of the same or similar nature and you will be legally bound by them. We will have no obligation to solve disputes arisen and shall not assume any responsibility.

3.3   Authorized User. If you are an authorized user who is invited to the meeting to use this Service, you do not need to register an account, but the functions that you use are restricted. If you want to use all functions, you need to register in accordance with clause 3. Nevertheless, you shall comply with the Agreement and the requirements of the user who invites you. We are not liable for any illegal behaviors. If you are aware of or discover any violation of the Agreement, please inform us immediately.

3.4   Your Content. Under the Agreement, you have full ownership, intellectual property rights, and derived rights over your content.

a.    In the service period, you will grant us a non-exclusive, transferable, free, or paid right to use your content within the scope of this Service and its maintenance support.

b.    If you are an enterprise user or a user who initiates a meeting, you acknowledge that we are only the processor of your content and will process your content under your instructions.

c.    You are responsible for the legality, accuracy, integrity and reliability of your content and shall comply with clause 4 Code of Conducts for Users. As part of the Agreement, you are responsible for securing and maintaining any required notice, consent, or authorization related to your content. We will not assume any obligations or liabilities related to your content, unless otherwise specified in laws.

3.5  End User Content. If you can access to or are allowed to use the content of your end users through your account, ensure that the end users comply with the Agreement. We are not liable for the content and behavior of your end users.

3.6  Deregistration, Suspension, and Termination. (i) You can deregister your account at any time. For details about the deregistration process, see the product usage instructions on the official website or contact us. (ii) We hold the right to suspend or terminate your account at any time if you are deemed to have breached any situation specified in clause 9.2. This will prevent you from accessing and using this Service. (iii) For enterprise users, we hold the right suspend or terminate your account based on the instructions and requirements of your enterprise or organization.

 

4.    Code of Conducts for Users

4.1  Compliance and Responsibility. You fully understand and agree that this Service is provided for relevant users, and that you are responsible for all conduct and consequences of using this Service. You are committed to strictly complying with the Agreement and all other directions issued by us regarding your use of HUAWEI CLOUD Meeting.

4.2 Non-commercial Use. Services under this Agreement shall be used only for non-commercial purposes, unless otherwise specified. You may not duplicate, copy, sell or resell, or use this Service or any part thereof for advertising and other commercial purposes without our prior written consent.

4.3 Prohibited Activities. You or subsequent authorized users may not access and use this Service to:

a.     violate any applicable regional, national, or international laws, regulations and rules;

b.     violate or otherwise encroaches on 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 activities, including but not limited to any explicit or illegal activity laid out in clause 4.4 Illegal Content;

d.     transmit, offer, upload, download, use or re-use, disseminate, or distribute any unlawful, infringing, offensive, harmful contents or materials, including but not limited to those set out in the section "Prohibited Content" below;

e.     transmit data, send, or upload any material that contains viruses, worms, Trojan horses, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar 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, sites or networks, including but not limited to using high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access or attack any services, hardware, software, systems, sites or networks;

g.     access any portion 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, sites or networks;

i.       distribute, transmit, or send unsolicited email mass e-mail or other messages, promotions, advertising 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.

4.4 Illegal Content. You confirm and agree that by using this Service, you shall not upload, use or share the following prohibited content:

a.     defamatory, obscene, offensive, hateful, or inflammatory;

b.     violent, sexually explicit or discriminatory material based on race, sex, religion, nationality, disability, sexual orientation or age or any other grounds;

c.      that infringes on Intellectual Property Rights;

d.     false, deceive, or misleading;

e.     information that promotes, advocates, incite, or assists any illegal activities;

f.       threats, abuse, or invasion of third party's privacy;

g.     a statement which you know, or have reasonable grounds to believe, that a member of the public to whom the statement is, or is to be, published is likely to be directly or otherwise encouraged or other inducement to partake in any act of terrorism.

4.5Special Requirements for Compliance. If you use this Service to create groups or apply this Service in specific industries (such as education, healthcare, and financial), you must comply with the user data protection laws and content management laws stipulated by related countries. We do not assume any responsibility for this and you shall complete this at your own discretion.

4.6Supervision and Execution. We have no obligation but reserve the rights 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.

4.7Violation 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 clause 3.4.

 

 

5.    Privacy Protection and Security

5.1 Your Personal Data. To protect your personal data provided when using this Service, we comply with Privacy Statement of HUAWEI CLOUD Meeting signed in the Agreement. You can visit the official website of this Service to learn about the disclosure rules for collecting and using personal data. If you are an enterprise user, contact your enterprise or organization.

5.2 Privacy of Your Content. On the premise that applicable laws and regulations in your country or region are not violated, we will store your content in our data center. If you are a user in the Chinese mainland, your content will be stored in the data center (server) in the Chinese mainland. If you are a user in another country or region, your content will be stored in the data center in Hong Kong, China. Without your permission, we shall not migrate your content from the data centers unless: (a) to obey relevant laws and regulations, or binding orders of government agencies; (b) to provide billing, administrative, or technical services or to investigate security incidents or violations set out in this Agreement. We may process certain data in the data center where you use this Service, or in areas where we perform operations, technical support and investigation.

5.3 Security of Your Content. Excluding the scenarios set out in clauses 3.3 and 4.1, we will take appropriate administrative, physical, and technical measures to protect the security and privacy of your content stored in the service environment. Without the customer consent, we will not access or use your content unless to provide necessary services, or to comply with applicable laws and regulations, or binding orders of government agencies. You can read more details in the Privacy Statement of HUAWEI CLOUD Meeting

 

6.    Ownership and Intellectual Property Rights

6.1 Account Ownership. HUAWEI retains the ownership of your HUAWEI CLOUD Meeting account. After registration, you shall not transfer or provide the account to others in any way. Otherwise, we hold the right to suspend or terminate the account without notifying you. You shall be responsible for the clearance and loss of all data and information in using this Service.

6.2 Service Trademark Right. All trademarks and logos used and displayed in this Service belong to HUAWEI. Without prior written authorization of HUAWEI, you shall not display, use, or process any logo, graphic, and combination thereof involved in this Service in any way, or indicate to others that you have the right to do so. No content in the Agreement shall be deemed as HUAWEI's approval to use any trademark or logo aforesaid by implication, no objection, or other means without prior written consent of HUAWEI CLOUD or related third parties.

6.3 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.

6.4 Customer Promotion. This clause applies only to users registered with an enterprise or organization account. In view of the services we provide in this or another Agreement, you agree to allow us to use your enterprise name, trademark, and logo for the purpose of in sales and marketing materials and activities, but only to indicate that you are our customer.

6.5     Feedback and Suggestions. Your suggestions will help us improve our services, but please note that we are not obligated to accept or consider your suggestions. Your suggestions can cover but not limited to materials, products, processes, or technologies and subsequent innovative ideas, suggestions, or materials. If you do send any suggestion to HUAWEI that is not patented, we will also reserve all ownership, intellectual property rights and interests. 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.

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), 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 becomes generally known to the public through no act or omission of the other party; (ii) was lawfully possessed by the other party prior to the disclosure without breach of confidentiality obligations owed to the Disclosing Party; (iii) 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 a period of five years thereafter. Either party shall not disclose the confidential information of the other party to any person except in accordance with clause 7 of this Agreement or with prior written consent of the other party. Both parties agree to take appropriate measures to protect the other party's confidential information but in no event be less than the degree of care that it uses to protect its own confidential information.

7.3  Permitted Disclosure. The Receiving Party may disclose the confidential information only to its employees, advisors, agents, or subcontractors who need to know and who are subject to confidentiality obligation no less than the degree of protection as required herein. Unless authorized by the other party, both parties may use each other's confidential information only for the purposes of performing this Agreement, and for the avoidance of doubt, HUAWEI may disclose the confidential information to its affiliate(s) as necessary for HUAWEI’s affiliate(s) to perform the services, as per required by any regulatory authorities in the relevant local jurisdiction where Service is provided. Notwithstanding the above, HUAWEI may disclose your confidential information in legal proceedings or as required by law.


8.    Service Fee and Payment

8.1 Trial Version or Basic Version Services. If you are an individual user or an enterprise account user who uses the trial version, this Service is free of charge. However, you understand and agree that any free trial, free function, or free element of this Service shall not be regarded as our waiver of subsequent rights to charge for this Service or its specific functions. We will inform you of the billing standards and modes seven days in advance. If you want to continue to use this Service or a specific function, you shall pay for it in accordance with the released billing standards and modes.

8.2 Fees. Except those specified in clause 8.1, this Service or its specific function is not for free. You understand and agree that we will charge you in different modes based on your subscription or purchase channel, such as yearly, monthly, and pay-per-use. If the service period expires or you have used up the resource packages of your purchased services or specific functions, and you do not request renewal or pay all fees, we assume that you choose to terminate your account, and we have the right to terminate the services we provided to you in this Service.

8.3 Payment. You will pay us for the services subscribed and/or used in accordance with the prices, payment methods, and rules specified in our official website or the applicable Order Form, or through our partners. Please use payment methods and currencies that we support. The name of the payer shall be the same as that used for registration or identity verification; otherwise, complications may arise from financial compliance laws and regulations, and these shall be borne by you. We will issue invoices to you after monthly bills are generated. You acknowledge and agree that if we reasonably believe that there would be fraudulent or potential breach of your payment obligations, we may adjust your payment frequency or payment method.

8.4 Taxes. Prices of paid products do not include any taxes unless otherwise stated in invoices, separate agreements or other forms of documents. You shall pay any applicable value-added tax, sales tax, other transaction tax, surcharges, and stamp duty that incur in using this Service as required by applicable laws and regulations. If any other taxes (including but not limited to withholding tax) are required by relevant law to be levied on any payment, you shall make extra payments to ensure that we would have received payment equal to the amount no taxes had been required. Any additional tax, penalty, interest occurred from your delay or omission of above mentioned tax responsibilities should be borne by you.

 

9.      Term, Suspension and Termination

9.1   Term. The Agreement shall come into force on the Effective Date specified in this Agreement and shall remain in force unless terminated in accordance with clause 9.3.

9.2   Suspension. We may suspend your right to access or use this Service in the following circumstances: (a) suspension for the reasonable purpose of preventing unauthorized access to your data; (b) your access or use of this Service is in violation of the code of conduct for users or applicable laws and regulations; (c) you are in breach of your payment obligations; (d) your access and use of this Service poses security risks to this Service, us, or third parties. (e) your access and use of this Service adversely impacts the functionality, availability, or operation of this Service; (f) suspension required under applicable laws, regulations, or by government authority; (g) your access and use of this Service may subject us, our affiliates, or subcontractors to liabilities or to regulatory compliance risks; (h) you infringe the intellectual property rights of third parties; (i) it is reasonably believed that there is fraud; or (j) you have ceased normal business, or are in bankruptcy, liquidation, dissolution or similar proceedings. You acknowledge and agree that (1) the suspension will not exempt you from the obligation to pay the service fees prior to and during the suspension period; (2) you will not be entitled to any refunds or reduction and exemption of service fees for such suspension.

9.3     Termination. Either party may terminate this Agreement if the other party breaches any of its material clauses and fails to rectify the breach within 30 days of receipt of notice from the other party demanding rectification. You acknowledge and agree that if any of the scenarios described in clause 9.2 (a) to (j) occurs, we reserve the right to terminate this Service or this Agreement immediately, and the content you have stored during this Service may be deleted immediately.

9.4      Consequences of Termination. Termination of this Agreement shall not (a) affect the rights and obligations of both Parties before the date of termination. (b) affect the continued operation of clause 1.3 (Changes and Amendments), clause 6 (Ownership and Intellectual Property Rights), clause 7 (Confidentiality), clause 10.3 (Disclaimer), clause 10.4 (Indemnification), clause 10.5 (Limitation of Liability), clause 10.6 (Exclusion of Liability), clause 12 (Law Application and Jurisdiction), clause 13 (Supplementary Provisions), clause 14 (Definitions) and any clauses necessary for the interpretation or enforcement of this Agreement.

 

10.  Warranty, Indemnification, and Limitation of Liability

10.1       Mutual Representations. Each party represents that it has validly 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 Agreement when using this Service; (iii) your use of this Service shall not infringe the intellectual property rights or any other rights of any third party.

10.3     Our Limited Warranty. We warrant that during the Services period, we will perform the Services using commercially reasonable care and skill to meet the terms of the Agreement. Your exclusive remedies for breach of this warranty are those set forth in the Agreement. We are not responsible for (a) any issues of the Services caused by Your Content or Third-Party Service or Content and/or services not provided by us, or (b) any problems caused by misuse or modification of the Services, or use of the Services in violation of the terms and conditions of this Agreement and applicable laws and regulations. The trial version or basic version are provided “as-is” and “as available”, without warranties of any kind.

10.4     DISCLAIMER. WE DO NOT WARRANT THAT (a) THIS SERVICE WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED; (b) WE WILL CORRECT ALL DEFECTS OR ERRORS, OR PREVENT THIRD PARTY DISRUPTIONS OR UNAUTHORIZED THIRD PARTY ACCESS IN CONNECTION WITH THIS SERVICE; or (c) THIS SERVICE WILL OPERATE IN COMPATIBILITY WITH YOUR CONTENT OR ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICE OR DATA NOT PROVIDED BY US. TO THE EXTENT PERMITTED BY LAW IN EACH CASE AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE EXCLUDE AND SPECIFICALLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CLAUSES, CONDITIONS OR OTHER COMMITMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS, CLAUSES, CONDITIONS OR OTHER COMMITMENTS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

10.5      Indemnification by you. If a third party makes a claim against us that (i) your content, or our use of your content in accordance with this Agreement, or the combination of your content and our Service infringes the intellectual property rights of the third party, or (ii) if you use this Service in an unlawful or infringing manner or in violation of this Agreement, you will defend us, at your cost, against the claim and indemnify us for the losses, costs and expenses finally awarded by the court to the third party claiming infringement or the settlement agreed to by you, provided that we (i) promptly notify you in written form of such claim; (ii) give you control of the defense and settlement negotiation of the claim; (iii) provide you with reasonable information, authority and assistance necessary to defend against or settle the claim. We may, at our discretion, suspend or terminate the provision of this Service and this Agreement without refund of 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, 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 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 THIS SERVICE THAT GIVES 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 FOR ANY INDIRECT 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 HAS 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), act of terrorism, war or warlike operations, civil unrest or riots, epidemic, electricity outages, network or telecommunication faults, blockages, embargoes, fires, floods, explosions or malicious damage, plant or equipment failure, or changes of any law, acts or omission of government or other governmental authorities, 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 continue for more than 60 days, either party may cancel the unfulfilled service and affected orders upon written notice. This clause does not excuse your payment obligations hereunder.

 

12.  Governing Law and Jurisdiction

12.1   Law Application 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).

User   Region

Where   This Agreement Is Signed

Governing   Laws

Jurisdictional   Court

Chinese   mainland

Longgang   District, Shenzhen, People's Republic of China

Laws   of the People's Republic of China (excluding Hong Kong, Macao, and Taiwan)

People's   Court of Longgang District, Shenzhen, Guangdong Province, People's Republic   of China

Countries   or regions outside the Chinese mainland

Hong   Kong

Laws   of Hong Kong

Hong   Kong court

 

13.  Supplementary Provisions

13.1    Entire Agreement. This Agreement includes the main body of the Agreement, any files linked in the Agreement, and any notices, usage specifications, descriptions, commitments, and statements released on the service platform, other legal documents applicable to HUAWEI CLOUD meeting and HUAWEI CLOUD, all of which constitute the entire agreement reached between you and us regarding this Service, including but not limited this Agreement, HUAWEI CLOUD Meeting Privacy Statement, HUAWEI CLOUD Customer Agreement and HUAWEI CLOUD Privacy Statement. This Agreement shall supersede, terminate and replace all prior or contemporaneous written or oral statements, correspondence, understandings, commitments, and agreements (including any incidental contracts of any nature) between you and us with respect to this Service. Unless expressly specified in this Agreement, the Parties confirm that they do not rely on any oral or written statements, warranties, or commitments made by the other party with respect to the subject of this Agreement before this Agreement takes effect.

13.2      Relationship. Both parties are independent contracting parties. This Agreement does not create a partnership, joint venture, agency, or employment relationship between the two parties.

13.3     Non-transferable. Without our prior written consent, you shall not transfer or otherwise assign all or part of this Agreement to any third party, including your affiliates. We may transfer or assign any rights or obligations under this Agreement to our Affiliates without your consent. Before the transfer or assignment takes effect, we will inform you through the official website of HUAWEI CLOUD Meeting or other channels.

13.4    No Third-party Beneficiary. Unless otherwise specified in this Agreement, non-contracting parties to this Agreement shall not enforce any clauses of this Agreement. For the avoidance of doubt, any and all HUAWEI affiliates and such other party(ies) that is/are or may be involved in the provisioning of any service under this Agreement in each local jurisdiction where Service is provided shall be entitled to enforce any term of this Agreement or enjoy any benefit conferred hereof.

13.5     Managing Measures. We may continuously manage this Service under the following circumstances: (i) operating and providing service, (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. Both parties shall abide by the applicable export control laws and regulations relating to the Service. Both parties must not engage in activities subject to sanctions and any other lists of prohibitions or restrictions. You shall be fully responsible for complying with the regulations related to your subscription, access, and use of service, including but not limited to the content you upload, process and provide.

13.7    Notification. We may send you notifications through the official website of this Service, email, or SMS message in accordance with this Agreement. Notifications sent via our website will take effect when they are released, notifications sent via email will take effect immediately after being sent (regardless of whether you have received or read the email), and SMS notifications will take effect when they are sent. Please keep your email address or phone number up to date.

13.8      Contact Us. If you have any questions about the Agreement or any feedback for our service, or if you want to report any infringement or violation of laws and regulations, you can contact us through:

Email: hws_security@huawei.com

13.9      No Waivers. Failure to enforce any of the clauses of this Agreement shall not constitute a waiver of such clauses and shall not limit the right to enforce such clauses afterwards. Either party's waiver of investigating into a breach of any clause of this Agreement shall not be deemed a waiver of a subsequent investigation into the breach of that clause or any other clauses.

13.10    Severability. If any clause of this Agreement is deemed to be invalid or unenforceable, the remaining clauses of this Agreement will remain effective. Any invalid or unenforceable clause will be replaced by another clause that is consistent with the purpose and intention of this Agreement.


14.  Terms and Definitions

14.1     "Agreement" refers to all the content incorporated into this Agreement by reference, including but not limited to the Service Terms, specifications, requirements, and documents. We reserve the right to update the Agreement at any time. You can view the latest version of the Agreement on the official website of HUAWEI CLOUD Meeting Service.

14.2   “Affiliate(s)”in relation to a Party means any person which directly or indirectly controls, is controlled by, or in under common control with that Party. For purposes of the foregoing, “control” shall mean the possession of power to direct or cause the direction of the management and policies of a person, whether through the ownership of equity or voting power, by contract or otherwise.

14.3      "Authorized User" refers to a user authorized by another user or a customer who has registered with the HUAWEI CLOUD Meeting Service in accordance with clause 3.3 of the Agreement to use this Service. If the authorized user has already registered with this Service, this 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 the 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 a specific sublicense, such as enterprise users and authorized users.

14.5       "Intellectual Property" refers to (a) patents, inventions, appearance designs, copyrights and related rights, database rights, trademarks, service IDs and trade names (both registered and unregistered) and the right to apply for registration; (b) exclusive rights on domain names; (c) professional knowledge and confidential information; (d) applications, extensions, and renewals related to any of the above-mentioned rights; (e) all other rights of a similar nature or same effect that currently exist anywhere in the world.

14.6       "Official Website of this Service" refers to the official website (https://www.huaweicloud.com/intl/en-us/product/meeting.html) of HUAWEI CLOUD Meeting Service.

14.7       "Partners" refers to HUAWEI's sales partners, solution partners, or service partners.

14.8     n"Privacy Statement" is the Privacy Statement incorporated into this Agreement by reference. We reserve the right to update the Privacy Statement from time to time at our own discretion. You can view the latest version at website(https://bmeeting.huaweicloud.com/#/privacy?lang=en-US ).

14.9      "Registration Procedure" refers to the process specified in clause 3 of the Agreement, including but not limited the step on which you will click “Agree”, “Accept”, “Next step” or any other similar form as for us to get your consent before we provision Services to you. You become a registered user of HUAWEI CLOUD Meeting Service after completing the Registration Procedure. You may be requested to enter an email address, password, activation code, and authorization code during this process.

14.10      "Service" refers to the content of clause 2 of the Agreement. You can also view the service introduction on our official website.

14.11      "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, service, or contents that you receive from third-party platforms through links.

14.12      "User", also called "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 the Agreement. There are free users, paid users, and authorized users.

14.13      "Your Content" refers to all data (including personal data from authorized users), software, devices, text, images, video, audio, photos, third-party applications, information, and materials that you transmit, store, or process in this Service in any format. Our materials, data, and information are not your content.

 

Note: The local HUAWEI CLOUD Meeting Service agreement (if any) may vary from this version due to legal and language differences. Where differences arise, the local version shall be used.

 

Last updated:

Date: December 7, 2020