This Service Statement (hereinafter referred to as "this Statement" and "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 Statement.

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.

1. General Terms of Service

1.1 Contracting Entity. This Agreement is entered into by and between the Huawei Cloud contracting party Sparkoo Technologies Ireland Co., Limited. (hereinafter referred to as "Huawei Cloud", "we", and "our") defined in Clause 15.4 of Huawei Cloud Customer Agreement and you (hereinafter referred to as "customer", "you", or "your"). Once this Agreement takes effect, it becomes legally binding on both parties signing it. You can view the latest Huawei Cloud Customer Agreement at https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_cua.html. 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 you are none of the above, please 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 (or 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 you use this Service in a manner permitted by Huawei Cloud, you represent and warrant that you have the authority to have the company or legal entity that you represent 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. 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 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 make your best, reasonable 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, as you yourself will bear the consequences of the 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 for unavailability of this Service in the following situations:

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

b. Service unavailability due to force majeure

c. Service unavailability due to your reasons or other non-Huawei Cloud reasons

d. 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 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 comes. We shall not be held liable for any potential service outage arising from the upgrade.

2. Message & SMS Terms of Service (Dedicated Terms of Service)

2.1 Service Content

Message & SMS (hereinafter referred to as "Service") is a Huawei Cloud service that provides you with the SMS service. After registering a Huawei Cloud account and applying for an SMS application, you can call APIs or use Group SMS Assistant to send verification code and notification SMSs to specified numbers. Huawei applies for SMS ports from SMS service providers. SMS sending is implemented by carriers.

2.2 Collection and Processing of Your Personal Data

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).

2.3 Processing Your Content Data

You understand and agree that you and/or your end users have full ownership and complete control over the data uploaded, processed, stored, and used during the use of Message & SMS in any format, and as a data controller, you shall be responsible for data compliance, including but not limited to the legitimacy of the data source and the acquisition. You agree to authorize Huawei Cloud to process your data (including phone numbers and SMS content you provide) as a processor in accordance with the Data Processing Addendum (https://www.huaweicloud.com/intl/en-us/declaration-sg/sa_dpa.html) to provide you the Message & SMS service.

2.4 Cooperation You Need to Provide

a. Ensure that the billing complies with relevant laws and regulations and telecom standards, and inform your users of the service content, tariff standard, billing mode, and unsubscription method in advance.

b. An SMS request must include the real sender number or code.

c. If you want your users to agree to receive commercial SMSs, you shall describe the type, frequency, and validity period of the SMSs. If your user does not reply, the user is considered to have refused to receive the SMSs. If your user rejects or does not reply, do not send the same or similar SMSs to the end user. If your user agrees but then refuses commercial SMSs, stop sending SMSs to the end user.

d. You promise that the files and information to be submitted when you apply for the Message & SMS service will be authentic, accurate, and complete, and comply with relevant laws and regulations. If the files and information are changed, you shall notify Huawei Cloud in written form.

2.5 Restrictions

a. When using this service, you must strictly comply with applicable laws and regulations, including but not limited to obtaining and maintaining necessary and valid qualifications, licenses, and authorization during the use of this service. The SMS content must be legal, and does not infringe any third party's legal rights and interests.

b. Before using this service to send SMSs, you must obtain the consent or authorization from the recipients. You shall not send any SMS to any object (including the phone numbers registered in the DNC list of the country/region where you are located) that has explicitly refused to receive SMSs unless you have obtained explicit authorization. Otherwise, you shall be liable for any problems arising therefrom, and Huawei Cloud shall not suffer any loss.

c. If a third party complains about the use of this service, you shall respond quickly and cooperate with Huawei Cloud to handle the complaints. In addition, you shall give a formal reply in the format specified by Huawei Cloud within six hours after receiving the Huawei Cloud notice.

d. Without prior written consent of Huawei Cloud, you shall not sublease, resell, lend, or provide all or part of this service to any third party directly or indirectly.

e. When sending SMSs to a third party, you shall clarify your enterprise ID and ensure its authenticity, validity, and integrity. Do not use the ID of another enterprise or entity or the ID that may cause misunderstanding of the recipient.

f. When sending SMSs to a third party, you must provide a free, convenient, and effective way to reject or unsubscribe from the service in the SMS. You must not set any obstacle for the recipient to reject the SMS in any form. When providing the SMS service for users to promote services, you shall highlight the tariff standard, billing mode, and unsubscription method.

g. Do not send junk SMSs to a third party in batches or cyclically. Otherwise, Huawei Cloud has the right to close your SMS channel immediately. If a third-party complaint is caused, you shall be liable for all the problems and compensation and protect Huawei Cloud from any loss.

h. You are responsible for the security, applicability, and marketability of your system and network. Huawei Cloud does not assume any obligation or responsibility for the security and availability of your system or network.

i. Huawei Cloud has the right to supervise and check your use of this service. Before sending the SMS text, Huawei Cloud has the right to review your preset SMS template. However, this review cannot exempt you from any obligation or responsibility for the SMS content, and does not indicate that Huawei Cloud recognizes or assumes any responsibility for the SMS content. Huawei Cloud has the right to restrict the sending of unapproved SMSs. Depending on the severity of the situation, Huawei Cloud may require you to rectify the fault within a specified period, suspend the service until the cooperation agreement is terminated unilaterally, and require you to bear the liability for breach of contract.

2.6 Service Pricing

a. You are billed based on the number of SMSs sent. If the number of characters in an SMS exceeds the length limit, the platform splits the SMS into multiple short messages. You will be billed for SMSs successfully sent by calling APIs or using Group SMS Assistant.

b. Message & SMS is a prepaid service. Top up your Huawei Cloud account to use it. Ensure that the balance in your Huawei Cloud account is sufficient to cover any upcoming charges.

2.7 Disclaimer

a. This service is provided based on carrier capabilities and resources. Due to uncertainties in communication capabilities, systems, networks, and resources, Huawei Cloud cannot ensure that services are free of defects but promises to continuously improve service quality and service level.

b. This service relies on the network services of telecom carriers and the Internet and may be affected by unstable factors in each process. Huawei Cloud shall not be liable for any interruption, delay, suspension or other service issues caused by power failures, billing system faults, computer errors or viruses, hacker attacks, SMS bombing, identity theft, data loss, or any other cause beyond the reasonable control of Huawei Cloud.

2.8 Other Special Notes

a. Huawei Cloud Message & SMS servers are deployed in the Ireland data center. When EU enterprises send international SMSs (including those sent to EU and non-EU countries and regions), European SMS service providers and carriers use their servers deployed in Europe to handle cross-border data transfer. Huawei Cloud Message & SMS does not involve cross-border data transfer.

b. You understand and agree that data involved in SMS sending shall be provided to third-party providers to complete SMS sending. Such data includes but is not limited to SMS content, SMS sender numbers, SMS recipient numbers, and SMS sending time.

c. According to Clause 2.3 "Processing Your Content Data" in this Agreement, if the SMS content contains sensitive personal data, you shall obtain the data subject's consent before sending and send SMSs in compliance with laws and regulations as a personal data controller. If you send SMSs that contain sensitive personal data without the data subject's consent, you shall be liable for all consequences.

d. To adapt to policies and service requirements, Huawei Cloud will update the content required for service provisioning and release the latest content on the Huawei Cloud official website. You must read and comply with the latest requirements in time.

 

Last updated: September 27th, 2023