These terms and conditions apply to your use of Huawei Cloud Products and/or Huawei Affiliate Products (as defined below) that you purchase through a Reseller on KooGallery.

If you have purchased Huawei Cloud Products and/or Huawei Affiliate Products directly from us through KooGallery, the below terms and conditions are not applicable, and you should refer instead to the Huawei Cloud KooGallery Product User Agreement which is available at https://www.huaweicloud.com/intl/en-us/declaration-sg/hpua.html.

This Huawei Cloud KooGallery End User License Agreement (the “Agreement”) contains the terms and conditions that govern end user’s (“End User”, “you” or “your”) access and use of software, services, content or other products developed by Huawei Cloud and/or Huawei Affiliates (“Huawei Cloud Products” and/or “Huawei Affiliate Products” respectively) that are listed on KooGallery and provided to you by a KooGallery Reseller (collectively “Products”). This Agreement is entered into by and between the Huawei Cloud Contracting Party as defined in Section 14.6 of this Agreement (“Huawei Cloud”, “we”, “us” and “our”) and the entity you represent or you individually if you don’t designate an entity in connection with your agreement with the KooGallery Reseller and the Products. If you enter into this Agreement for a company or other legal entity, you represent and warrant that you have the power and authority to do so and to bind the entity to the terms and conditions of this Agreement. This Agreement takes effect as of the date you accept this Agreement. You and Huawei Cloud are each referred to as a “Party” and collectively as “Parties” hereunder.

1.  Purchase and Use of the Products

1.1 Rights Granted. For the Products you purchased and/or subscribed from the Reseller, we grant you a non-exclusive, non-transferrable, non-sub-licensable and limited right to access and use the Products in accordance with the terms and conditions of this Agreement. You shall comply with this Agreement, your agreement with the Reseller and applicable laws and regulations in connection with your access and use of the Products.

1.2 Agreement with Reseller. In order to purchase Products on KooGallery through a Reseller, you must enter into an agreement with the Reseller setting out relevant terms for your purchase, use of and access to the Products that you purchase from the Reseller (“Reseller End User Agreement”). The terms of such Reseller End User Agreement must be in line with and consistent with these Terms and other agreements entered into between you and us.

You acknowledge and agree that the Reseller End User Agreements are entered into between you and Resellers, and that Huawei Cloud and its Affiliates are not a party thereto and shall have no liability arising therefrom. The Reseller is wholly responsible to you for the quality of Products and related services provided to and used by you. You are wholly responsible for any risks relating to transacting with Resellers. Huawei Cloud and its Affiliates shall not be liable to you for Products that are sold to you by Resellers and any other services that they provide to you.

You further acknowledge and agree that the Resellers are not agents of Huawei Cloud and do not have any power or authority to bind or incur any obligation on behalf of Huawei Cloud, and that Huawei Cloud shall not be liable for any acts or omissions of the Resellers. Huawei Cloud is entitled to suspend or terminate a Reseller’s right to access or use KooGallery and/or to resell Products on KooGallery in the event of a violation of or in other circumstances as specified in our prevailing terms and conditions or policies, and Huawei Cloud shall have no liability to you in the event of such suspension or termination.

1.3 Reseller Responsibilities. You acknowledge and agree that the Reseller is wholly responsible to you for the quality of Products and related services provided to and used by you, including for upgrades, maintenance, technical support, handling consultations and complaints, after-sales services and/or proposing solutions to resolve any issues relating to the Products. Such matters shall be governed by the terms of the agreement between you and the Reseller. We and our Affiliates are not a party to the agreement between you and the Reseller, and shall have no liability arising therefrom.

1.4 Your Account and Credits. To access and use the Products, you must create a Huawei Cloud account and connect your account to a Reseller’s account. To create an account, you shall provide truthful and accurate information. If your information changes at any time, please update such information in your account to reflect those changes. You are responsible for (a) maintaining the confidentiality of your account, and (b) all activities that occur under your account. You will notify the Reseller or us immediately about any unauthorized or misuse of your account or any security incident related to the Products. You acknowledge and agree that we will not be responsible for any unauthorized use or misuse of your account, unless such is directly caused by our violation of the terms and conditions hereunder.

A Reseller may send you a connection invitation from its account, and your accounts will be connected when you accept the invitation. Once your account is connected with the Reseller’s account, the Reseller may grant you credit of such amount in accordance with the agreement between you and the Reseller. You may use such credit to place orders for Products on KooGallery. Your consumption of Products cannot exceed the credit granted to you by the Reseller.

1.5 Orders and Billing. To purchase Products through a Reseller, you are must place the order on KooGallery using your Huawei Cloud account which must be connected with that of the Reseller. We will bill your associated Reseller for orders that you place on KooGallery, and your associated Reseller is responsible for payment to us. You shall settle the relevant payments with your associated Reseller in accordance with the agreement between you and your associated Reseller. The Product pricing that is applicable to you will be determined as between you and the Reseller in accordance with the terms of your agreement. Your associated Reseller is responsible for issuing any invoices to you.

For Products that you purchase through a Reseller, Huawei Cloud reserves the right to suspend or cancel the Reseller’s access to and use of KooGallery, the Products and/or Huawei Cloud Services without any liability to you, in the event that the Reseller is in breach of its payment obligations to Huawei Cloud. You agree and acknowledge that, should such suspension or cancellation affect your ability to access and use the Products that you have purchased, the Reseller shall be solely liable and responsible to you for any losses or damages which you may suffer in connection therewith.

1.6 Acceptable Use Policy and KooGallery Terms. Other than the terms and conditions of this Agreement, you agree to comply with the Acceptable Use Policy, which is incorporated into the terms of this Agreement by reference. You may review the current version of the Acceptable Use Policy at: https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_nisr.html.

1.7 Your Content. You will ensure that Your Content does not violate the terms and conditions of this Agreement and applicable laws and regulations. You are solely responsible for the legality, accuracy, integrity and reliability of Your Content. You are solely responsible for securing and maintaining any required notice, consent or authorization related to your provision of and our processing of Your Content as part of the provision of the Products. We will not assume any obligations and liabilities in relation to Your Content, unless otherwise required by the governing law.

1.8 Third-Party Content. The Products may include or be provided together with Third-Party Content. Third-Party Content may be governed by this Agreement, or if applicable, separate terms and conditions specified in the Product Terms and other documentation as may be notified to you. Third-Party Content is provided on an “as-is” and “as available” basis without any warranty.

1.9 Preview. Preview refers to Products or features of Products we and/or our Affiliates make available at no charge for trial purposes. Preview Products are provided “as-is” and “as available”, and excluded from warranties set forth in this Agreement. Preview Products may not be covered by support, and we and/or our Affiliates may change or discontinue a preview at any time and without notice. We and/or our Affiliates are not obligated to release a preview or make a preview generally or commercially available.

2.  Security and Data Privacy

2.1 Our Security. Without prejudice to Section 7 and Section 2.3 of this Agreement, we will maintain appropriate administrative, physical and technical measures designed to help you protect the security and confidential of Your Content stored in the Product environment. We will not access or use Your Content except as necessary to provide the Products, or to comply with applicable laws and regulatory requirements.

2.2 Data Privacy. If you access or purchase Products, you agree that we and/or our Affiliates may collect, use and disclose your registration information and other details, including personal data, as may be necessary to effect the transaction, including exchanging your information with Resellers.

You represent and warrant that, for any personal data you provide to us relating to a third party (including but not limited to information of your employees and/or representatives), you have notified such third party that you are providing their personal data to us and such third party has consented to our collection, use and disclosure of their personal data for the purposes of this Agreement.

In order to protect personal data provided to us as part of the provision of the Products, we and/or our Affiliates will process personal data in accordance with the Huawei Cloud Privacy Statementapplicable to the Products subscribed and other relevant activities, which is available at: https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_prp.html. Without limiting the foregoing, you agree that we may collect, use and disclose personal data in accordance with the terms of our Privacy Statement. We and/or our Affiliates may process certain data in the data center region where you use the Products and the regions where we maintain our operation, support and investigation systems and personnel.

2.3 Your Security. Without prejudice to Section 1 above, you are responsible for any security vulnerabilities and the consequences of such vulnerabilities arising out of or related to Your Content, including but not limited to any viruses, Trojan horses, worms or other harmful programming routines contained in Your Content.

2.4 Reseller Privacy Practices and Statements. Resellers are responsible for providing privacy statements to you and informing you of their privacy practices with regard to your data that is collected, used and disclosed through their Products and services that they provide to you. Our Privacy Statement will not apply to any Products or services provided to you by Resellers, or to Resellers’ use of any of your data or information. Resellers shall be solely responsible and liable for protecting your personal data that they handle and other data protection and security obligations.

3.  Representations and Disclaimers

3.1 Representations. Each Party represents that it has validly entered into this Agreement and it has the legal power and authority to do so.

3.2 DISCLAIMERS. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE PRODUCTS WILL BE PROVIDED OR PERFORMED EFFOR-FREE OR UNINTERRUPTED OR THAT WE OR OUR AFFILIATES WILL CORRECT ALL DEFECTS OR PREVENT THIRD PARTY DISRUPTIONS OR UNAUTHORIZED THIRD PARTY ACCESS. TO THE EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESS PROVIDED HEREIN, WE AND OUR AFFILIATES EXCLUDE AND SPECIFICALLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, TERMS, CONDITIONS OR OTHER COMMITMENTS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, REPRESENTATIONS, TERMS, CONDITIONS OR OTHER COMMITMENTS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

4.  Proprietary Rights and Restrictions

4.1 Your Content. You and/or your licensors retain all ownership and intellectual property rights in and to Your Content. You grant us and our Affiliates the right to host, use, process, display and/or transmit Your Content to provide and ensure proper operation of the Products in accordance with this Agreement.

4.2 Product Offerings. We, our Affiliates and/or our licensors reserve all rights, titles and interests in and to the Products, derivative works thereof, and anything developed or delivered by or on behalf of us and/or our Affiliates under this Agreement.

4.3 Restrictions. You may not, and may not cause or permit others to (a) modify, alter or make derivative works of the Products; (b) disassemble, decompile, reverse engineer, reproduce any part of the Products, or apply any other procedure to derive the source code of any software included in the Products; and (c) distribute, resell, sublicense, transfer or assign the Products.

4.4 Feedback and Suggestions. If you provide any feedback and/or suggestions to us and/or our Affiliates, we and/or our Affiliates are entitled to use the feedback and suggestions without restrictions, including but not limited to use and incorporate into the Products to develop new features or enhance the performance, functionalities or security of the Products.

5.  Indemnification

If a third party makes a claim against us and/or our Affiliates that (a) Your Content or the use of Your Content by us and/or our Affiliates in accordance with this Agreement or the combination of Your Content with the Products infringes the third party’s intellectually property rights, or (b) your use of the Products is unlawful or in violation of this Agreement, you will, at your cost, defend us and our Affiliates against the claim and indemnify us and our Affiliates from the damages, costs and expenses finally awarded by the court to the third party claiming infringement or the settlement agreed to by you, provided that we and/or our Affiliates (a) promptly notify you in writing of such claim; (b) give you control of the defense and settlement negotiation of the claim; and (c) provide you with all reasonable information, authority and assistance that are necessary to defend against or settle the claim.

6.  Non-disclosure

6.1 Definition of Confidential Information. “Confidential Information” means all information disclosed by a Party (“Disclosing Party”) to the other Party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information shall not include information that: (a) is or becomes generally known to the public through no act or omission of the Receiving Party; (b) was in the Receiving Party’s lawful possession prior to the disclosure without breach of confidentiality obligations owed to the disclosing party; (c) is lawfully disclosed to the Receiving Party free of any obligation of confidence by a third party which itself was not under any obligation of confidence in relation to that information; or (d) is independently developed by the Receiving Party. For the purposes of this Section 6, references to “Party”, “Disclosing Party” and “Receiving Party” shall, in relation to us, be interpreted as a reference to us and our Affiliates.

6.2 Protection of Confidential Information. The Receiving Party agrees to keep the Disclosing Party’s Confidential Information in confidence during the term of this Agreement and for a period of five years thereafter. The Receiving Party shall not disclose the Disclosing Party's Confidential Information to any person except with the prior written consent of the Disclosing Party or in accordance with this Section 6. The Receiving Party agrees to take appropriate measures to protect the Disclosing Party’s Confidential Information but in no event less than the degree of care that it uses to protect its own confidential information. The Receiving Party may only disclose the Confidential Information to its employees, officers, agents or subcontractor who have a need to know and who are subject to confidentiality obligations no less stringent than the degree of protection as required herein. The Receiving Party may only use the Disclosing Party’s Confidential Information for the purpose of performing this Agreement, unless otherwise authorized by the Disclosing Party. Notwithstanding anything to the contrary, the Receiving Party may disclose the Disclosing Party’s Confidential Information in a legal proceeding, or as required by law and regulatory requirements.

7.  Limitation of Liability and Disclaimers

7.1 DIRECT LOSS ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, OPPORTUNITIES, CUSTOMERS, GOODWILL, REPUTATION, DATA OR DATA USE), EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 LIMITATION OF LIABILITES. TO THE EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT TOGETHER WITH OUR AFFILIATES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE RESELLER FOR THE PRODUCTS GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.

7.3 Non-breach. You agree that the following events or actions implemented by Huawei Cloud does not and will not constitute a breach of these Terms: (a) interruptions to Products or other services made available on KooGallery due to network adjustment and maintenance by Huawei Cloud or slow access to the Products due to Internet congestion; (b) taking into account the special characteristics of computers and the Internet, events arising from hackers' attacks, viruses, or maintenance or upgrading of telecom facilities or equipment and / or the disconnection of the backbone line; (c) unavailability of Products or Your Content caused by operations and maintenance implemented by Huawei Cloud, provided that Huawei Cloud gives prior notice to you with regard to data backup, service migration, or service suspension. Such operations and maintenance include, but are not limited to, troubleshooting, system upgrades, system optimization, and system capacity expansion.

7.4 Your Personal Data Protection. We do not guarantee or warrant the safety of your personal data collected and processed by Resellers. Resellers are solely responsible and liable for meeting all obligations under applicable data protection laws and regulations with respect to personal data that they collect and process.

7.5 Platform Problem. We do not guarantee or warrant that KooGallery will be free of any technical faults, interruptions and/or network problems, nor do we guarantee or warrant that any such technical faults, interruptions and/or network problems will be rectified within any timeframe.

7.6 Separated Liability. Notwithstanding anything else herein contained, each Reseller and Huawei Cloud shall be individually liable for their respective breaches of this Agreement based on their failures and actions. You agree and understand that each Reseller and Huawei Cloud is an independent contracting party. In any event and notwithstanding anything else herein contained Huawei Cloud will not assume joint liability in any way or form with Resellers.

8.  Term, Suspension and Termination

8.1 Term. The term of this Agreement will commerce on the date you accept this Agreement and remains in force unless terminated hereunder.

8.2 Suspension. We may suspend your right to access or use the Products and/or KooGallery if: (a) it is reasonably needed to prevent unauthorized access to Your Content; (b) your access and use of the Products and/or KooGallery is in violation of the Acceptable Use Policy, this Agreement and/or applicable laws and regulations; (c) you are in breach of your payment obligations to Reseller; (d) your access and use of the Products and/or KooGallery may pose a security risk to the Products, KooGallery, us or third parties; (e) your access and use of the Products and/or KooGallery may adversely impact the functionality, availability or operation of the Products; (f) it is required under applicable laws and regulations, or by a governmental, regulatory or other competent authority; (g) your access and use of the Products may subject us, our Affiliates or subcontractors to liabilities or regulatory compliance risks; (h) you may infringe a third party’s intellectual property rights; or (i) to the extent permitted under applicable law, you have ceased to operate in the ordinary course, or are in bankruptcy, insolvency, liquidation, dissolution or similar proceedings. You acknowledge and agree that (a) suspension does not excuse your payment obligation to the Reseller for Product fees charged during or for the suspension period; and (b) you will not be entitled for any refund or credit for such suspension.

8.3 Termination. Either Party may terminate this Agreement if the other Party materially breaches this Agreement and fails to cure the breach within 30 days upon receipt of notice from the first-mentioned Party identifying such breach and requesting its cure. You acknowledge and agree that we also retain the right to terminate the Products or this Agreement if any scenario described in Section 8.2 (a) to (i) occurs. Upon termination, during the extended and/or retention period as detailed in our Website, you may retrieve Your Content.

9.  Force Majeure

Neither Party shall be liable for any delay or failure to perform this Agreement caused by acts, events, omissions or accidents beyond its reasonable control, including but not limited to acts of God (including earthquake, storms or other natural disaster), epidemic, pandemic, quarantine, acts of terrorism, war or warlike operations, civil unrest or riot, electrical, internet or telecommunication outage, blockages, sanctions, embargoes, fire, flood, explosion or malicious damage, or failure of plant or equipment, or change of any law, governmental order, rule, regulation, direction or industry standard. Both Parties will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 60 days, either Party may cancel undelivered Products and the affected orders upon written notice. This Section does not excuse your payment obligations hereunder.

10.  Governing Law and Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including any dispute or claim relating to non-contractual obligations) will be governed by and construed in accordance with the Governing Law, without regard to its conflict of law principles. The Parties agree irrevocably 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).

11.  Entire Agreement

This Agreement incorporates the documents and policies referenced herein (including reference to information contained in a URL or referenced policy), and is the entire agreement between you and us regarding the Products. This Agreement supersedes all prior or contemporaneous representations, communications, understandings and agreements between you and us, whether in written or oral form, regarding the Products. It is expressly agreed by the Parties that the terms of this Agreement and the applicable Order will supersede any terms and conditions that are different or are not set out in this Agreement, including any terms in your request for bid/proposal/information, purchase order, receipt, acceptance, confirmation, correspondence or other document.

12.  Changes and Modifications

We may modify this Agreement, including the documents and policies referenced herein, at any time at our discretion by posting a revised version on the Website or by otherwise notifying you. Except as otherwise indicated in the modified Agreement, documents or polices, the modified terms will come into effect upon posting or notification. You will review such terms regularly on the Website. Your continuous use of the Services after the coming into effect of such modification will be deemed as your acceptance to the modified terms.

We may also change or discontinue KooGallery or change or remove any or all functionality of KooGallery from time to time and at our sole and absolute discretion. We will notify you of the same by posting an announcement on our website or otherwise notifying you of material changes to or the discontinuation of KooGallery.

13.  Miscellaneous

13.1 Relationship. Each Party is an independent contractor. This Agreement does not create any partnership, joint venture, agency or employment relationship between the Parties.

13.2 Non-assignment. You will not assign or otherwise transfer all or part of this Agreement to any third party, including your Affiliates, without prior written consent from us. We may assign or transfer any rights or obligations under this Agreement without your consent to our Affiliate. We will notify you, by posting an announcement on our website or through other means, prior to the effective date of such transfer or assignment. Without limiting the foregoing, we may assign and/or delegate our rights and obligations under these Terms to any of our Affiliates without your consent.

13.3 Third Party Beneficiaries.

(a)  Subject to Section 3(b), this Agreement is intended for the benefit of the Parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other persons.

(b)  You acknowledge and agree that each of the Huawei Affiliates is an intended third party beneficiary of this Agreement and is entitled to enforce any term of this Agreement. Notwithstanding the foregoing, the rights of the Parties to rescind or vary this Agreement are not subject to the consent of any Huawei Affiliate.

13.4 Services Monitoring. In order to (a) operate and provide the Products, (b) detect and address threats to the functionality, security, integrity and availabilities of the Services, (c) support your services requests, and (d) detect illegal activities or breach of the Acceptable Use Policy and this Agreement, we and/or our Affiliates may continuously monitor the Products and your use thereof.

13.5 Export. In connection with this Agreement, both Parties shall comply with the applicable export and sanction laws and regulations of United Nations, China, Unites States and other countries. You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the United States Government, the European Union or its member states. You shall be solely responsible for compliance with applicable laws and regulations related to your subscription, access and use of the Products, including but not limited to Your Content you upload, process and/or provide.

13.6 Notice. We may provide notice to you under this Agreement by posting a notice on the Website, or by email or text message (including via SMS and other instant messaging platforms). Notices we provide by posting on the Website will be effective upon posting, and by email and text messages upon sending out (irrespective of whether and when you receive or read it). You shall be responsible to keep your email address or phone number updated.

13.7 No Waivers. Any delay or failure to enforce any provision of this Agreement will not constitute a waiver of such provision and will not limit the right to enforce such provision at a later time. All waivers shall be expressly made in writing to be effective.

13.8 Severability. If any term of this Agreement is found to be invalid, illegal or unenforceable, the remaining terms of this Agreement shall be unaffected thereby and will remain valid and enforceable. The invalid, illegal or unenforceable term shall be modified so as to give effect to the original intent of the Parties as closely as possible.

14.  Agreement Definitions

14.1 “Acceptable Use Policy” refers to the policy located at: https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_nisr.html, which is incorporated into this Agreement by reference, as may be updated from time to time.

14.2 “Affiliate”in relation to a Party means any person which directly or indirectly controls, is controlled by, or 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 “Huawei” means Huawei Cloud and its Affiliates.

14.4 “Huawei Affiliates” means Affiliates of Huawei Cloud. For the purposes of this definition, “Huawei Affiliates” excludes the Huawei Cloud Contracting Party and its Affiliates that collectively constitute the cloud computing business unit of Huawei. In case of any doubt as to whether an Affiliate of Huawei Cloud is part of the cloud computing business unit of Huawei, a written statement issued by Huawei Cloud confirming the status of such Affiliate shall be conclusive evidence and binding for all purposes whatsoever.

14.5 “Huawei Affiliate Products” has the meaning given in the preamble.

14.6 “Huawei Cloud” or “Huawei Cloud Contracting Party” refers to the following (for avoidance of doubt, the Huawei Cloud Contracting Party will be the Huawei Cloud entity associated with the country or region in which you are registered as per the below table):

The country/region in which you are registered	Huawei Cloud Contracting Party
South Africa	Huawei Services (Hong Kong) Co., Limited
Chile	Huawei Services (Hong Kong) Co., Limited
Peru	SPARKOO TECHNOLOGIES PERU S.A.C.
Brazil	HUAWEI DO BRASIL TELECOMUNICACOES LTDA.
Mexico	Huawei Services (Hong Kong) Co., Limited
Thailand	Huawei Services (Hong Kong) Co., Limited
Hong Kong	Sparkoo Technologies Hong Kong Co., Limited
Countries other than the above	Sparkoo Technologies Singapore Pte. Ltd.

14.7 “Huawei Cloud Products” has the meaning given in the preamble.

14.8 “Governing Law” and “Corresponding Court” refers to the following and is dependent on the Huawei Cloud Contracting Party as per Section 14.6 above.

Huawei Cloud Contracting Party	Governing Law	Corresponding Court
Sparkoo Technologies Hong Kong Co., Limited	Laws of Hong Kong	Hong Kong Court
Sparkoo Technologies Singapore Pte. Ltd.	Laws of Singapore	Singapore Court
Huawei Services (Hong Kong) Co., Limited	Laws of Hong Kong	Hong Kong Court
SPARKOO TECHNOLOGIES PERU S.A.C.	Laws of Peru	Lima Courts of Justice
HUAWEI DO BRASIL TELECOMUNICACOES LTDA.	Laws of Brazil	Court of the City of Sao Paulo

14.9 “KooGallery”, “Huawei Cloud Marketplace”, or “Marketplace” means the e-commerce platform that is established and operated by Huawei Cloud located at https://marketplace.huaweicloud.com/intl/, on which Sellers can list and End Users can purchase Products.

14.10 “KooGallery Reseller” or “Reseller” means a participant of the Huawei Cloud Partner Network that is authorized by Huawei Cloud to resell Products to End Users on KooGallery.

14.11 “Privacy Statement” refers to Privacy Statement located at: https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_prp.html, which is incorporated into this Agreement by reference, as may be updated from time to time.

14.12 “Product Terms” refers to the specific terms for individual Products located at the Product page on KooGallery which shall constitute a binding agreement between you and Huawei Cloud or the relevant Huawei Affiliate (as the case may be), as may be updated from time to time. In relation to Huawei Cloud Products, the Product Terms are incorporated into this Agreement by reference.

14.13 “Third-Party Content” refers to any third party software, data, interfaces or other products installed, used or downloaded by you in connection with the Products.

14.14 “Your Content” refers to all data (including personal data), software, device, text, images, video, audio, photographs, third-party applications, information, and materials, in any format, provided or made available by you that is transferred to, stored in, or processed by or in the Products. Our materials, data and information will not fall within the definition of Your Content.

14.15 “Website” refers to the Huawei Cloud Website located at: https://www.huaweicloud.com/intl/en-us/.

Lasted updated: November 7^th, 2022