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-sg/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 solely 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-sg/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 for FRS

2.1 Service Content

Facial Recognition Service (hereinafter referred to as “Service” or “FRS”) is an intelligent service that utilizes computer processing, analysis, and understanding of facial images to perform identity recognition based on facial features. It is provided to users through open APIs, allowing real-time access and retrieval of facial processing results. This Service assists users in automating facial recognition, comparison, and similarity queries, thereby enhancing business efficiency and creating intelligent business systems.

2.2 Collection and processing of your personal information

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-sg/sa_prp.html). Huawei Cloud promises to respect and protect your privacy in accordance with the Privacy Policy Statement.

2.3 Processing Your Content Data

You understand and agree that you have full ownership and control of the facial images and other data entrusted to us by you and/or your end users in any format during the use of the this Service, and you are responsible for the legality of the source and acquisition of the above data. HUAWEI CLOUD is entrusted to process your data to achieve the functions or purposes of this Service: 1. The face detection sub-service identifies and locates faces in images, providing information on their size and position. 2. The face verification sub-service extracts facial features from two images and calculates their similarity. 3. The face retrieval sub-service extracts facial features from an image and searches for similar features in your custom-built facial feature library. Your data will be processed in the region where the chosen endpoint is located, such as Hong Kong and Bangkok, and will not be transmitted to other regions. You can check the region of the endpoint at https://support.huaweicloud.com/intl/en-us/api-face/face_02_0057.html. Facial images and feature data will be immediately deleted after service activities end. You can refer to the Delete Facial Image Library API (https://support.huaweicloud.com/intl/en-us/api-face/face_02_0034.html), Delete Face API (https://support.huaweicloud.com/intl/en-us/api-face/face_02_0039.html), and Batch Delete Face API (https://support.huaweicloud.com/intl/en-us/api-face/face_02_0076.html) to independently delete facial feature data in the facial image library you have built.

2.4 Cooperation You Need to Provide

When using OBS links as input for analysis, you need to authorize this Service to access your OBS objects.

2.5 Restrictions

Use the prohibited behavior of FRS. You may not use the Service in any of the following ways: (1) Sending or inputting any data that violates laws and regulations, infringes upon intellectual property rights or the legitimate rights and interests of third parties, or poses any potential risks to Huawei Cloud. (2) Using this Service to infringe upon the rights and interests of others, engage in any activities that violate laws and regulations, including but not limited to cybercrimes, infringement of third-party rights, unfair competition utilizing algorithms, data, platforms, etc., attacking other services or institutions using the functions of this Service. (3) Engaging in any actions, or inactions, that may pose risks or losses to us.

In the event of the above-mentioned behavior, we have the right to suspend or terminate the provision of this Service and require you to compensate us for the actual losses caused thereby. In addition, we do not need to refund the cloud service fee and corresponding support service fee you have paid.

2.6 Service Pricing

Huawei Cloud has published the billing model and pricing system for this Service on its official website. For detailed information on billing rules, please refer to the billing instructions on https://support.huaweicloud.com/intl/en-us/face/index.html.

2.7 Disclaimer

Please carefully read the Service instructions on Huawei Cloud's official website. Huawei Cloud shall not be held responsible for any consequences and unavailability (or substandard performance) of the Service due to the following reasons: 1. Your usage exceeds the concurrent range provided by the purchased package, such as exceeding the peak traffic volume, but you fail to timely change the QPS package. 2. You (or your end users) pose a security threat to the Service provided by Huawei Cloud or engage in fraudulent, illegal, or other prohibited activities. 3. Any losses or unavailability of the Service caused by reasons other than those attributable to Huawei Cloud.

2.8 Other Special Notes

Huawei Cloud promises to continuously improve the quality and level of its services, but you understand that Huawei Cloud cannot guarantee that the services provided are flawless or that the processing results are accurate, complete, and true. Therefore, you agree that even if the services provided by Huawei Cloud have defects, such defects will not be considered a breach of contract by Huawei Cloud if they were unavoidable given the industry's technological level at the time. You agree to cooperate with Huawei Cloud to resolve any such issues.

 

Updated: October 27, 2023