This Service Agreement (hereinafter referred to as "this Agreement") describes your rights, obligations, and responsibilities of using Huawei Cloud services. Please read the terms carefully, especially the terms that have a significant impact on your rights and interests, such as exemption from liability and limitation of liability. Such terms are in bold in this Agreement

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

1. General Terms of Service

1.1 Contracting Entity: This Agreement is entered into by and between Huawei Cloud Contracting Party as defined in Section 15.4 of Huawei Cloud Customer Agreement (hereinafter referred to as "Huawei Cloud", or "We") and you (or "User"). Once this Agreement takes effect, it has legal effect between you and Huawei Cloud. You acknowledge that you shall be a natural person, legal person, or other organization that has full capacity for civil conduct, and may independently carry out civil juristic acts. If the foregoing is not true, please do not use this Service. Otherwise, you shall bear all consequences caused thereby. In addition, Huawei Cloud has the right to cancel (or permanently freeze) your account and claim compensation from you. In the event that you register on behalf of a company or other legal entity, you represent and warrant that you are an authorized representative of the company or legal entity to bind such company or legal entity to the terms of this Agreement.

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

1.3 Agreement Update: This Agreement is subject to change. We will notify you of any changes to this Agreement by posting a notice on our website or by other means. You can also visit our website to read the latest service agreement. If you do not agree to part or all of the latest version of this Agreement, please stop using this Service. By continuing to use this Service, you acknowledge that you are aware of and agree to the latest version of this Agreement.

1.4 Service Maintenance: We may maintain this Service from time to time through application upgrade, patch installation, or bug fixing. We will use our reasonable efforts to notify you of such maintenance events (except for emergency maintenance). You agree to use your best efforts to comply with any notified cooperation requirements.

1.5 Your Content

1.5.1 The definition and related regulations of "Your Content" are subject to the Huawei Cloud Customer Agreement (https://www.huaweicloud.com/intl/en-us/declaration/sa_cua.html).

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

1.5.3 You have the right to upload, delete, and modify your content. Exercise caution when deleting or modifying data and you shall solelly bear the consequences of these operations.

1.5.4 You shall back up your data as required. Huawei Cloud provides data backup services only in accordance with relevant laws and regulations.

1.6 You shall be responsible for your end users. If your end users violate laws and regulations when using services related to this Agreement, or improperly use related services and cause damages to third parties or Huawei Cloud, you shall be liable for compensation.

1.7 Our Limited Warranty

1.7.1 The provision of a Huawei Cloud service is based on the availability status and product features of the cloud service at the time of provisioning, and does not constitute a commitment of Huawei Cloud to provide the cloud service for a long time after a certain lifecycle of the cloud service ends.

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

1.8 Agreement by Both Parties.

1.8.1 You understand and agree that your use of this Service must comply with applicable laws and regulations. We provide you with standard services only in accordance with your instructions and are not responsible for the legal compliance of your use of this Service. If we reasonably believe that you have violated laws, regulations, or the rights of third parties when using this Service, or violated the terms of related agreements (including Legal Statement, Privacy Statement, Acceptable Use Policy, Huawei Cloud Customer Agreement, and other agreements related to you on the Huawei Cloud official website) ("Prohibited Content"), we have the right to delete Prohibited Content, prohibit your use of related services and access to related content, or suspend services. In addition, you shall compensate for all losses caused to Huawei Cloud attributable to your default, breach, violation, act or omission.

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

1.8.3 When the lifecycle of a specific cloud service product reaches the end of marketing (EOM), end of service and support (EOS), or end of all service activities, we will use 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 for unavailability of this Service in the following situations:

1) Service unavailability or any legal consequences caused by your refusal to provide relevant information or the information provided does not meet service requirements

2) Service unavailability due to force majeure

3) Service unavailability due to your reasons or other non-Huawei Cloud reasons

4) Service unavailability during regular service maintenance

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

 

2. Terms of Service Exclusive to KooMessage Service (Dedicated Terms of Service)

2.1 Service Content

The KooMessage service provides a new entry for digital marketing and one-stop rich media message service covering all industries, scenarios, and terminals.

Service scope: Mainland China only.

2.2 Collection and processing of your personal information

You understand and agree that you authorize us to collect and use your personal information for the purposes of providing the Services, including but not limited to the tasks, details, and parsing tasks. Your personal information will be processed in the People's Republic of China and will be deleted immediately after the service activity ends. You understand that the above information is necessary to provide services to you. If you choose not to provide or authorize us to collect and use of the above information, you will not be able to use our services normally and we will not be able to serve you. In addition, you understand and agree that HUAWEI CLOUD has the right to collect, use, and process your personal data in accordance with the Privacy Policy Statement (https://www.huaweicloud.com/intl/en-us/declaration/sa_prp.html ). HUAWEI CLOUD promises to respect and protect your privacy in accordance with the Privacy Policy Statement.

2.3 Cooperation You Need to Provide

According to national laws and regulations, KooMessage can only be purchased by enterprises and can be used only after passing the enterprise real-name authentication on HUAWEI CLOUD. Individuals and individual businesses cannot purchase KooMessage.

Before using KooMessage, you need to confirm that your industry is not prohibited and you provide qualifications, licenses, authorizations, etc. required for onshore and offshore transactions. For the qualification of the industry involved, you need to pay dynamic attention to relevant laws and regulations to ensure that the requirements of applicable policies and regulations are met and that valid qualifications, licenses, and authorizations are maintained during the use of this service. HUAWEI CLOUD may need to confirm that your industry is not prohibited before applying for this service. You need to consult HUAWEI CLOUD operation personnel and submit your application with valid qualifications, licenses, and authorization. You can access this service only after the application is approved. You understand and agree that HUAWEI CLOUD’s check of your qualificaiton does not exempt you from your responsibilities and obligations. You are responsible for your own business activities.

At the same time, you shall strictly abide by the relevant laws, administrative regulations and administrative rules in the People’s Republic of China and other countries, including but not limited to the Advertisement Law of the People's Republic of China, the Interim Regulations on the Administration of Internet Advertisement, the Measures for the Administration of Internet Information Services. You shall strictly implement the information security management regulations to ensure the legality, accuracy, and security of the information sent. The dissemination of junk information, illegal and bad information is strictly prohibited, and content that infringes on the rights and interests of other units and individuals is not allowed to be released. You should ensure that the content of the advertisements placed , including but not limited to pictures, texts, videos, audio, and links, is provided with legality that it has full authorization, conforms to the laws, regulations and public moral standards of the People's Republic of China. HUAWEI CLOUD will properly review messages your sent based on laws, regulations, and partners' compliance management requirements, and has the right to decide whether to send the messages or take other further measures. You understand and agree that  HUAWEI CLOUD’s check of your content does not exempt you from your responsibilities and obligations. You are responsible for your own business activities.

In the event of any violation, we have the right to suspend or terminate the provision of KooMessage services and require you to compensate us for the losses caused by the violation. We do not need to refund the cloud service fee and the corresponding support service fee you have paid, and reserve the right to retrospect the law.

2.4 Restrictions

The following table lists the industries that are prohibited from using the KooMessage service.

Tier-1 industry	Tier-2 industry
Education and training	Non-academic educational institutions (K12 education), early education
Financial management	Loan platform, crowdfunding, pawn, guarantee, trust, foreign exchange, precious metals, P2P, credit agency, commercial factoring, futures and options, investment consulting, asset management, standard finance, mass commodity trading/platform
Life service	Unlocking services, divination and naming
Healthcare	Mental health (including online and offline), drug production and research, drugs, disinfection products, medical device production and sales, family planning services, drug addiction institutions, prosthetic limb production and assembly, physical examination institutions (except Aikang State Guest), beauty and plastic surgery institutions, hair transplant institutions
Investment Promotion and Joining	Education and training to join, planting and breeding to join, medical and health care to join, adult products to join, beauty and weight loss to join, alcohol investment to join.
Agriculture, forestry, animal husbandry and fishery	Veterinary medicine, pesticide and chemical fertilizer
Luxurious	Luxury maintenance and repair, luxury recycling
Cigarette/Alcohol	Cigarettes and peripheral products, tobacco and alcohol offline stores
Lottery tickets	-

2.5 Service Pricing

If users of the Intelligent Information Basic Edition use the three-carriers package and pay-per-use products, the proportion of CMCC numbers must be greater than or equal to 75% by default unless otherwise specified in the commercial terms. HUAWEI CLOUD periodically collects statistics on the proportion. If the CMCC number is less than the proportion, HUAWEI CLOUD has the right to hold you liable for breach of contract and ask you to make compensation. For user uses the three-carriers package and pay-per-use products, if the proportion of CMCC numbers is less than 75%, the user can specify the proportion of CMCC numbers and liability clauses for breach of contract in the contract, and HUAWEI CLOUD sales representative will evaluates the final price based on the proportion.

The following table lists the specific amount of compensation for your breach of contract.

Proportion of Carriers		Package Price
		Three-carriers package and pay-per-use products（normal）	Three-carriers package and pay-per-use products（anti-complaint）
Move the proportion	Percentage of China Unicom and China Telecom	Compensation Amount Unit Price Note: Actual compensation amount = Compensation amount unit price x Number of sent pieces during the use period	Compensation Amount Unit Price Note: Actual compensation amount = Compensation amount unit price x Number of sent pieces during the use period
Move >= 75%	China Unicom and China Telecom ≤ 25%	0	0
74%	26%	0.00006	0.00046
73%	27%	0.00037	0.00092
72%	28%	0.00068	0.00138
71%	29%	0.00099	0.00184
70%	30%	0.00130	0.00230
69%	31%	0.00161	0.00276
68%	32%	0.00192	0.00322
67%	33%	0.00223	0.00368
66%	34%	0.00254	0.00414
65%	35%	0.00285	0.00460
64%	36%	0.00316	0.00506
63%	37%	0.00347	0.00552
62%	38%	0.00378	0.00598
61%	39%	0.00409	0.00644
60%	40%	0.00440	0.00690
59%	41%	0.00471	0.00736
58%	42%	0.00502	0.00782
57%	43%	0.00533	0.00828
56%	44%	0.00564	0.00874
55%	45%	0.00595	0.00920
54%	46%	0.00626	0.00966
53%	47%	0.00657	0.01012
52%	48%	0.00688	0.01058
51%	49%	0.00719	0.01104
50%	50%	0.00750	0.01150
49%	51%	0.00781	0.01196
48%	52%	0.00812	0.01242
47%	53%	0.00843	0.01288
46%	54%	0.00874	0.01334
45%	55%	0.00905	0.01380
44%	56%	0.00936	0.01426
43%	57%	0.00967	0.01472
42%	58%	0.00998	0.01518
41%	59%	0.01029	0.01564
40%	60%	0.01060	0.01610
39%	61%	0.01091	0.01656
38%	62%	0.01122	0.01702
37%	63%	0.01153	0.01748
36%	64%	0.01184	0.01794
35%	65%	0.01215	0.01840
34%	66%	0.01246	0.01886
33%	67%	0.01277	0.01932
32%	68%	0.01308	0.01978
31%	69%	0.01339	0.02024
30%	70%	0.01370	0.02070
29%	71%	0.01401	0.02116
28%	72%	0.01432	0.02162
27%	73%	0.01463	0.02208
26%	74%	0.01494	0.02254
25%	75%	0.01525	0.02300
24%	76%	0.01556	0.02346
23%	77%	0.01587	0.02392
22%	78%	0.01618	0.02438
21%	79%	0.01649	0.02484
20%	80%	0.01680	0.02530
19%	81%	0.01711	0.02576
18%	82%	0.01742	0.02622
17%	83%	0.01773	0.02668
16%	84%	0.01804	0.02714
15%	85%	0.01835	0.02760
14%	86%	0.01866	0.02806
13%	87%	0.01897	0.02852
12%	88%	0.01928	0.02898
11%	89%	0.01959	0.02944
10%	90%	0.01990	0.02990
9%	91%	0.02021	0.03036
8%	92%	0.02052	0.03082
7%	93%	0.02083	0.03128
6%	94%	0.02114	0.03174
5%	95%	0.02145	0.03220
4%	96%	0.02176	0.03266
3%	97%	0.02207	0.03312
2%	98%	0.02238	0.03358
1%	99%	0.02269	0.03404
1%	99%	0.02269	0.03404

1) If the proportion of CMCC numbers is not specified, the proportion of CMCC numbers is 75% by default. If the proportion of CMCC numbers in use is less than 75%, compensation is made according to the preceding table.

Example:

a) If the three-network common channel is used and the actual proportion of CMCC numbers is 70%, the unit price of compensation amount is 0.00130, and the total compensation amount is 0.00130 x Number of messages sent during the use period.

b) If the three-network protest channel is used and the actual proportion of CMCC numbers is 60%, the unit price of compensation amount is 0.00690, and the total compensation amount is 0.00690 x Number of sent messages during the use period.

2) If the proportion of specific CMCC numbers is specified, if the proportion of actual CMCC numbers in use is less than the proportion of agreed CMCC numbers, compensation shall be made according to the following rules in the preceding table: Compensation amount =. (Unit price of the compensation amount corresponding to the proportion of CMCC numbers in actual use – Unit price of the compensation amount corresponding to the proportion of CMCC numbers agreed) Number of messages sent during the use period

Example:

a) If the three-network general channel is used, the agreed proportion of specific CMCC numbers is 70% (corresponding to the compensation unit price in the table is 0.00130) and the actual proportion of used CMCC numbers is 60% (corresponding to the compensation unit price in the table is 0.00440). Total compensation amount = (0.00440 - 0.00130) x Number of messages sent during the usage period (number of messages)

b) If the three-network protest channel is used, the agreed proportion of specific CMCC numbers is 65% (corresponding to the compensation unit price in the table is 0.00460), and the actual proportion of used CMCC numbers is 55% (corresponding to the compensation unit price in the table is 0.00920). Total compensation amount = (0.00920 - 0.00460) x Number of messages sent during the usage period (number of messages)

2.6 Disclaimer

You promise to comply with all applicable laws and regulations when using KooMessage and ensure that HUAWEI CLOUD will not be damaged by your use of KooMessage. If you process end users' personal information is in violation of this Agreement or applicable laws and regulations, or causes HUAWEI CLOUD to violate the law or bear losses, you shall bear all consequences and compensate HUAWEI CLOUD for all losses.

2.7 Violation Definition and Punishment Measures

To promote the healthy, open, and orderly development of KooMessage services and protect the legitimate rights and interests of users and operators, KooMessage will take corresponding control measures against your actions violate the platform regulations according to the following standards.

Violation Type	Violations	Measures
Conduct violations	1.    Activities that violate relevant national regulations, such as online or offline false publicize, fraud, and benefit inducement by using the intelligent information platform. 2.    Use, recommend, or introduce third-party tools or services to access related systems without Huawei's written permission. 3.    Buy, sell, borrow, or embezzle other people's identity information for registration or authentication on the intelligent information platform by themselves or through any third party, including but not limited to forging identity information, buying and selling identity information. During registration, the certificate or identity information of another person (not the real subject identity) is used for authentication. 4.    Other serious violations that cause great damage to the platform, users, and other intelligent information operators, including but not limited to the above. 5.    Use special symbols and repeatedly use multiple links to replace the same junk content. 6.    Template messages are abused, including but not limited to over-sending messages, over-describing messages, abuse of advertisement marketing messages, and content that does not match the message scenario title.	Once found, First time: Freeze immediately Second time: Freeze permanently Third time: Blacklisting
Content violation	1.    The content contains information such as reactionary, terrorism, destruction of national unity, ethnic unity, social stability, propaganda of religion, racial discrimination and so on. 2.    Information such as maliciously destroying the image of domestic and foreign leaders (including cartoons and photos), tampering with the speeches of domestic and foreign leaders, and inciting international disputes. 3.    Use intelligent information platforms to release fraudulent information suspected of defrauding money (such as net profit and winning information), drugs and food information suspected of falsely exaggerating weight loss, heightening, whitening effect but obviously ineffective, or information suspected of promoting and selling fake and inferior goods. 4.    Dissemination of violent content, including killing, maiming, violent abuse, self-abuse and self-harm images or information content. 5.    Contains gambling information, such as sending organizations to gather gambling, selling gambling equipment, teaching gambling (thousand skills) skills, methods, and other content. 6.    Contents containing erotic text, erotic video, and erotic comics for pornographic purposes, including but not limited to pornographic promotion, naked chat, whoring, looking for a one-night stand, pornographic edge rubbing, and sexual hints. 7.    The content contains information about guns, ammunition, arms and imitations. 8.    The content involves providing credit cards, flowers, loans and other financial services cash, P2P online loans, lending services, illegal fund-raising and other information. 9.    Use other people's names and avatars without authorization, infringe on other people's legal rights such as reputation and portrait rights, send other people's original content without authorization, and infringe on other people's intellectual property rights. 10. Contains information about the use of drugs, illegal narcotic drugs and psychotropic substances, and excessive alcohol intake. Contains other content information that violates national laws and regulations. 11. Send vulgar, rumor, and misleading information in the platform content. 12. Test information exists. 13. Contains the content information that violates public order and good customs and feudal superstition. 14. It contains content that promotes bad values, bad lifestyles and bad popular culture and exaggerates negative emotions. 15. The content contains information such as exaggeration or over-commitment on the quality and effect of the commodity.	Once found, First time: Freeze immediately Second time: Freeze permanently Third time: Blacklisting
User complaints	A user complaint caused by (including but not limited to) the following situations is considered as a serious complaint: 1.    Activities cause user privacy security or data loss. 2.    Use the intelligent message platform to provide paid or free services by means of fictional facts and concealing the truth, cheat others of money or induce others to download and share relevant information. 3.    Users complain to the national regulatory authorities. 4.    Direct or indirect property or financial loss caused to users by participating in SMS activities	Blacklisting
	A user complaint caused by the following situations (including but not limited to) is defined as a moderate complaint: 1.    In the common complaint, three or more subscribers complain about the same problem. 2.    General complaints have been caused and rectification is refused within the time limit of rectification notice. 3.    The information involves exaggerated marketing to guide users to place orders. After users place orders, they find that the contents of the publicize are inconsistent with the actual publicize content and cause complaints.	Freeze immediately
	A user complaint caused by the following situations (including but not limited to) and a maximum of three users complain about the same problem is a common complaint: 1.    User complaints caused by service failures and activities due to quality problems. 2.    If a user purchases on the SMS platform and after-sales problems occur due to the reasons of the merchant, the user complains. 3.    The user objects to the rules of the activity, or eligibility to participate, and confirms that the reason is the merchant. 4.    The user disputes the merchant service and the merchant is responsible for the complaint.	Warning, and the rectification period is limited to one working day. If the rectification is not completed within the time limit, the rectification will be frozen immediately.
Abnormal connection.	Errors occur after the redirection link of an intelligent message goes online. The errors include but are not limited to the following scenarios: 1.    A dead link or a blank page exists when a link is opened. 2.    After the link is opened, a message is displayed, indicating that the link has security risks. 3.    The link cannot be returned after it is opened. 4.    The link involves payment and transaction, but the order cannot be placed normally. 5.    The link content does not match the corresponding picture or title. 6.    When a merchant link that is not in the app trustlist is redirected to a third-party website, the app download flag is displayed, or the app download page is redirected to the third-party website. 7.    The  product in link does not exist or has expired. 8.    The campaign in link has expired.	Freeze immediately

Description of the penalty for violation:

Warning refers to the warning of the operator's improper behavior through relevant messages and emails, and requires the operator to complete the self-check and rectification within the specified time limit.

Freeze immediately indicates that the message template will be frozen. During the frozen period, the message template cannot be used and messages cannot be delivered to users. After the material’s abnormality or violation is rectified, this measure can be lifted.

Freeze permanently indicates that the message template is frozen and cannot be used permanently.

Blacklisting: You will be added to the blocklist of the intelligent information platform. Once you are added in the blocklist, you will be permanently unable to use the services of the platform.

After a violation is found, the platform will immediately implement punishment measures such as warning and freezing, and notify the violation and relevant measures by email.

Appeal: The intelligent information operator can file an appeal and provide relevant vouchers within 7 days after being punished for the above-mentioned violations. If the appeal is verified and confirmed to be valid, the associated measures will be changed or cancelled according to the actual situation of the merchant. However, the merchant users who have been blocklisted will not be restored even if the appeal is made.

Unfreezing: For the message template that has been frozen but not permanently frozen, the merchant shall make corresponding modifications within 7 days. After the rectification is completed, the merchant shall submit the unfreezing application to the intelligent information platform operation in written form. After the platform operation verifies the unfreezing application, the unfreezing will be implemented.

 

Updated: October 26, 2023