This Service Agreement (hereinafter referred to as "this Agreement") describes your rights, obligations, and responsibilities during your use of Huawei Cloud services. Please carefully read and fully understand the terms, especially those highlighted in bold that have significant impact on your rights, such as limitations and exclusions of liability.

You understand and agree that by using any service in this Agreement, you are deemed to have read and agree to the General Terms of Service in this Agreement and the Dedicated Terms of Service for the service you use. This Agreement shall become legally binding on you. If you do not agree to part or all of the terms of this Agreement, you shall stop using related services.

1. General Terms of Service

1.1 Contracting Entity: This Agreement is entered into by and between Sparkoo Technologies Singapore Pte. Ltd. (or 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 are a natural person, legal person, or organization that has full capacity for civil conduct, and may independently carry out civil juristic acts. If you do not have the preceding qualifications, do not use this Service. Otherwise, you and your guardian shall bear all consequences caused thereby. In addition, Huawei Cloud has the right to cancel (permanently freeze) your account and claim compensation from you and your guardian. In the event that you register on behalf of a company or other legal entity or use this Service in a manner permitted by Huawei Cloud, you represent and warrant that you have the right to make the company or legal entity bound by the terms of this Agreement.

1.2 Separate Agreement: If you subscribe to this Service offline, purchase this Service through our partners, or purchase partner products that integrate this Service, you may sign a separate agreement with us or our partners. You acknowledge and agree that you will remain bound by the separate agreement mentioned in this article if you are authorized to access and use this Service.

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 Agreement, please stop using this Service. By continuing to use this Service, you acknowledge that you are aware of and agree to the latest Statement.

1.4 Service Maintenance: We may maintain this Service from time to time through application upgrade, patch installation, or bug fixing. We will make our best, reasonable efforts to notify you of such maintenance events (except for emergency maintenance). You agree 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-sg/sa_cua.html).

1.5.2 In terms of your content, except as required by laws and regulations or for your use of any service in this Agreement, Huawei Cloud is entrusted to process your data only in accordance with your authorization and instructions and the agreement between you and us.

1.5.3 You have the right to upload, delete, and modify your content. Exercise caution when deleting or modifying data and bear the consequences of 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 are committed to being responsible for your end users. If your end users violate laws and regulations when using services related to this Agreement, or improperly use related services and cause damages to third parties or Huawei Cloud, you shall be liable for 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 providing the cloud service for a long time after a certain lifecycle of the cloud service ends.

1.7.2 You understand and agree to our limited warranty in terms of the SLA in Clause 4.3 "Our Limited Warranty" of the Huawei Cloud Customer Agreement (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_cua.html).

1.8 Statement 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 due to your faults.

1.8.2 Huawei Cloud provides O&M only for Huawei Cloud services. You shall ensure the security and stability of your network and devices. If any device fault or network interruption occurs due to your own or third-party reasons, you shall resolve the issue in a timely manner to avoid impact on Huawei Cloud services.

1.8.3 When the lifecycle of a specific cloud service product reaches the end of marketing (EOM), end of service and support (EOS), or end of all service activities, we will make our best commercial efforts to notify you. After reading and understanding the notification, you can agree to upgrade related services or migrate related services to updated software and hardware.

1.9 Disclaimer

1.9.1 You understand and agree that we are not liable if this Service is unavailable 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 non-Huawei Cloud reasons

(4) Service unavailability during regular service maintenance

1.9.2 You understand and agree that before the lifecycle of a specific cloud service reaches the end of all service activities, we will make our best commercial efforts to notify you. You need to migrate or upgrade related workloads within a certain time window based on the notification of Huawei Cloud. If you do not upgrade the service to a new version available, you agree that Huawei Cloud has the right to automatically upgrade it when the right opportunity comes. We shall not be held liable for any potential service outage arising from the upgrade.

2. HaydnCSF Service Terms

2.1 Service Content

Haydn Cloud Solution Factory (HaydnCSF), a one-stop digital platform for solutions, digitalizes objects, workflows, and rules to help you design, deploy, verify, and manage solutions.

a. This Service includes functions such as space management, solution management, design center, verification center, delivery center, O&M event center, operations center, and solution acceleration field. These functions may be optimized or modified by the service provider based on changing user needs or updated service version without any prior notification, or they may be suspended temporarily due to scheduled or unscheduled maintenance.

b. This Service supports message notification and sharing through third-party services (such as DingTalk and WeCom). Before using third-party services or content, please read the third-party service agreements and privacy statements. 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.

2.2 Collection and Processing of Your Personal Data

2.2.1 Data Collection

You understand and agree that in order for us to provide this Service to you, you shall consent to the collection and use of certain personal data of yours. The data includes:

(1) Authentication credentials and group information (such as name, email address, phone number, and group webhook, ID, and signature of WeLink, DingTalk, and WeCom): used to send to-do notifications, O&M alarm and event notifications, and weekly delivery project reports.

(2) Username and password used for identity authentication during automatic tests on objects such as third-party websites, hosts, and APIs.

(3) Database information (such as the username and IP address) used to generate the database source discovery configuration file in the delivery and implementation scenario.

(4) Huawei Cloud account information (such as the account name, account ID, enterprise name, and real-name authentication status) used for login authentication and personal information display during user login.

You understand and consent to the collection of the above information. If you do not provide the above information or forbid us from collecting or using it, we will not be able to provide the services to you. 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-sg/sa_prp.html).

2.2.2 Data Storage

Your personal information will be processed within Singapore and will be automatically deleted after you delete your Huawei Cloud account.

2.2.3 Data Protection

Your information is securely saved and protected. Protection includes, but is not limited to, data encryption.

We will not share, transfer, or disclose your data without your prior consent unless otherwise required by applicable laws and regulations.

According to applicable laws and regulations, you retain the rights to access, modify, delete, deny, or limit access to, or transfer the preceding data.

2.3 Processing Your Content Data

You understand and agree that you and/or your end users entrust us to process the data (including but not limited to solutions, design-related data, test-related data, delivery-related data, and O&M-related data) during the use of HaydnCSF. You have full ownership of and complete control over the data, and you shall be responsible for the legality of the data sources and acquisition. Huawei Cloud is entrusted to process your data to fulfill the functions of this Service. There is a special scenario. HaydnCSF will analyze your solution and architecture-related data (including but not limited to the solutions, integration architectures, deployment architectures, information architectures, and architecture templates) to summarize common practices and architecture templates to provide you with better solutions using intelligent recommendation and automatic architecture generation.

Your content data will be processed within Singapore. You can control the content data, such as modifying and deleting it. When you delete your Huawei Cloud account, HaydnCSF will not automatically clear your content data. You can manually clear your content data before deleting your Huawei Cloud account. We will not share, transfer, or disclose your data without your prior consent unless otherwise required by applicable laws and regulations.

2.4 Cooperation You Need to Provide

For data discovery, data model check, and consistency check of the HaydnCSF delivery center, HaydnCSF provides the Agent sample code, which is for reference only. HaydnCSF is not responsible for any code problems. You need to implement the Agent of the corresponding function based on the sample code. It is deployed in your environment and synchronizes data to HaydnCSF in offline or online mode as required. If any function or performance exceptions, data leakage, infringement of any third-party intellectual property rights/trade secrets, or other legal issues occurs because of your OS, database, network, or Agent code vulnerabilities, you understand and agree to bear the consequences and ensure that Huawei Cloud will not suffer any loss.

Any HaydnCSF user can release resources (such as architecture templates, case templates, tools & sample code, solution libraries, and data asset models) to the HaydnCSF acceleration field. HaydnCSF only performs basic review and is not responsible for the preceding resources. (1) If you want to release acceleration field resources, ensure the availability and legal compliance of the resources, including but not limited to false or exaggerated description, no pornography, gambling, fraud, drugs, violence, and other improper content, no infringement on third-party trade secrets, cyber security, product security, and personal data and privacy. In the event of any dispute or any other legal issue, you understand and agree to bear the consequences and ensure that Huawei Cloud will not suffer any loss. (2) If you need to use acceleration field resources, fully evaluate them. If any problem occurs during the usage, contact the resource publisher. HaydnCSF will not be involved in the dispute between you and the publisher.

2.5 Restrictions

You shall not use HaydnCSF in any of the following ways:

(1) Infringements upon the intellectual property rights of any third party.

(2) Attack, interfere with, disrupt, or adversely affect any services, hardware, software, systems, sites, or networks.

(3) Storing, processing, or disseminating any illegal, illegal, infringed, harmful, or fraudulent content, including but not limited to pornography, gambling, fraud, drugs, and violence.

(4) Engaging in violations of trade secrets, cyber security, product security, personal data, and privacy of other operators or organizations.

(5) Other behaviors that violate applicable laws and regulations, Huawei Cloud Acceptable Use Policy, or Huawei Cloud security management policies.

In the event of any of the above, we have the right to unilaterally suspend or terminate the 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. We have the right to decide whether to restrict or freeze your account based on the severity of your violation of laws and regulations.

Special Compliance: If you use this Service to create groups or apply this Service in specific industries (including but not limited to education, healthcare, and finance), you must comply with the market access, user data protection laws, and content management laws stipulated by related countries or regions. We do not assume any responsibility for this and you shall take such actions at your own discretion.

2.6 Disclaimer

We do not warrant that: (a) this Service will be error-free or uninterrupted; (b) we will correct all defects or errors related to this Service, or prevent any damage or unauthorized access by third parties related to this Service; or (c) this Service will be compatible with your content or any other hardware, software, system, service, or data not provided by Huawei. To the extent permitted by law, we exclude and expressly reject any warranties, representations, terms, conditions, or other undertakings of any kind, whether express or implied, statutory or otherwise, unless otherwise expressly provided, including but not limited to any warranties, representations, terms, conditions, or other commitments regarding marketability, quality satisfaction, non-infringement, or applicability for specific purposes.

 

 

Last updated: September 5, 2023