In order to use the ACE PC Game (Windows) Hardening Service/ Anti-Cheat Service (the “Service”),you shall read and comply with this ACE PC Game (Windows) Hardening Service/ Anti-Cheat Service Level Agreement (this “Agreement”, or this “SLA”) and the Terms of Service | Tencent Cloud. This Agreement contains, among others, the terms and definitions of the Service, level indicators of the Service Availability or success rate, compensation plan and release of liabilities. Please carefully read and fully understand each and every provision hereof, and the provisions restricting or releasing certain liabilities, or otherwise related to your material rights and interests, are in bold font or underlined or otherwise brought to your special attention. Please do not purchase the Service unless and until you have fully read, and completely understood and accepted all the terms hereof. By clicking “Agree”/ “Next”, or by purchasing or using the Service, or by otherwise accepting this Agreement, whether express or implied, you are deemed to have read, and agreed to be bound by, this Agreement. This Agreement shall then have legal effect on both you and Tencent Cloud, constituting a binding legal document on both parties.
1. Terms and Definitions
1.1 ACE PC Game (Windows) Hardening Service/ Anti-Cheat Service
The Service refers to the ACE PC Game (Windows) Hardening Service (such as code encryption, anti-debugging, anti-injection, and prevention of multiple instances) and Anti-Cheat Service (such as anti-speed hack, anti-auto clicker, cheat sample detection) provided to you by Tencent Cloud.
1.2 Service Month(s)
Service Month(s) means the calendar month(s) within the term of the Service purchased by you. For example, if you purchase the Service for a term of three months starting from March 17, there will be four (4) Service Months (the first Service Month from March 17 to March 31, the second from April 1 to April 30, the third from May 1 to May 31, and the fourth from June 1 to June 16). The Service Availability will be calculated separately for each Service Month.
2. Service Availability
2.1 Calculation of the Service Availability
Service Availability = 100% - (Total Downtime within Service Month / Total Service Time in the Month) * 100%
Where:
1)Total Downtime within Service Month refers to the total time within one service month when the service was unavailable for more than 10 minutes at a stretch.
Note:
①Times less than 10 minutes, game maintenance periods, and times when the service is shut down after agreement with the game team, are not included in the downtime.
For example, if Issue A lasts more than 10 minutes, reaching 15 minutes, then 15 minutes are counted as downtime. If Issue B lasts for 6 minutes, it is not counted as downtime.
②If the game has not been integrated with the service as required, it is not counted as service downtime.
2)Total Service Time in the Month refers to the total time the service is provided within a month.
3)If the ACE PC Game (Windows) Hardening Service/Anti-Cheat Service faces issues lasting more than 10 minutes, affecting the actual online protection effectiveness of the game, such periods are counted as service downtime. Issues include:
①The overall failure of the online client’s security service/anti-cheat service. However, if individual cheat functions are upgraded and cause the protection function not to be fully effective, it is considered a normal operational phenomenon and not included in the service downtime.
②The anti-cheat service's cheater list is not pushed as scheduled, meaning the cheater list was detected but not pushed normally. However, if the game's security status is decent and there are no cheats detected, hence no list is pushed, it is considered a normal phenomenon and not included in the service downtime.
For example, if the client hardening solution provided service throughout January and the total downtime was 30 minutes, then:
For January, Total Service Time = 312460 minutes = 44,640 minutes
Service Availability = 100% - [30 / (312460)] * 100% = 99.933%
3. Compensation Plan
In respect of the Service, if the Service Availability is lower than 99%, you will be entitled to compensations in accordance with the following terms:
3.1 Standards of Compensation
(1) Compensations will be made in the form of voucher by Tencent Cloud, and you should follow the rules for using the voucher (including, among others, the valid term; for details, please refer to the relevant rules of voucher published on Tencent Cloud’s official website). You cannot redeem such voucher for cash or request to issue an invoice for such voucher. Such voucher can only be used to purchase the Service by using your Tencent Cloud account. You cannot use the voucher to purchase other services of Tencent Cloud, nor should you give the voucher to a third party for consideration or for free.
(2) If the Service Availability in a Service Month fails to meet the following standard, the amount of compensation shall be calculated for such Service Month independently, and the aggregate amount shall be no more than the applicable Monthly Service Fee paid by you for such Service Month (the Monthly Service Fee referred to herein shall exclude the portion deducted by a voucher or promotional coupon, due to discounted service fee or otherwise deducted).
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Below 99% but equal to or above 95% | 5% of the monthly service fee |
Below 95% but equal to or above 90% | 10% of the monthly service fee |
Below 90% but equal to or above 85% | 25% of the monthly service fee |
Below 85% | 100% of the monthly service fee |
Monthly Service Fee:the fees incurred by a client for using ACE PC Game (Windows) Hardening Service/ Anti-Cheat Service under certain Tencent Cloud account within a calendar month. If a client has paid service fees for multiple months in a lump sum, the Monthly Service Fee will be calculated by dividing the service fees by the number of the months the client paid for.
3.2 Time Limit for Compensation Application
(1) If the Service Availability in a Service Month fails to meet the Service Availability standard, you may apply for compensation only through the support ticket system under your relevant account after the fifth (5th) business day of the month immediately following such Service Month. Tencent Cloud will verify and ascertain your application upon receipt of such application. If there is any dispute over the calculation of the Service Availability for a Service Month, both parties agree that the back-end record of Tencent Cloud shall prevail.
(2) You shall apply for compensation no later than the sixtieth (60th) calendar day following the end of the applicable Service Month in which the Service Availability fails to meet the abovementioned standard.If you fail to make any application within such period, or make the application after such period, or make the application by any means other than that agreed herein, it shall be deemed that you have voluntarily waived your right to apply for such compensation and any other rights you may have against Tencent Cloud, in which case Tencent Cloud has the right to reject your application for compensation and not to make any compensation to you.
4. Release of Liabilities
If the Service is unavailable due to any of the following reasons, the corresponding period of Service unavailability shall not be counted toward Service downtime, is not eligible for compensation by Tencent Cloud, and Tencent Cloud shall not be held liable to you:
4.1 any system maintenance with prior notice by Tencent Cloud, including system cutover, maintenance, upgrade and malfunction simulation test;
4.2 any failure or configuration adjustment of any network or equipment that is not a Tencent Cloud facility;
4.3 any attack on your application interface or data, or any other misconduct;
4.4 any loss or leak of data, passcode or password due to your improper maintenance or improper confidentiality measures;
4.5 any negligence in authorization or incorrect operation by you, or any of your own equipment, or third-party software or device;
4.6 any failure of you to abide by documentation or suggestions for using Tencent Cloud products;
4.7 any delay or drop of push messages resulted from the use in a manner exceeding the maximum service capacity as specified by the current version for sale;
4.8 any unavailability of the Service or failure to meet the Service Availability standard due to any reason not attributable to Tencent Cloud; any Failed request caused by force majeure.
4.9 any other circumstances in which Tencent Cloud will be exempted or released from its liabilities for compensation or otherwise according to relevant laws, regulations, agreements or rules, or any relevant rules or guidelines published by Tencent Cloud separately.
5. End User Data
For the purposes of improving and optimizing the models and algorithm which this Feature and other Tencent Cloud features rely upon, we will need to process personal data, which may include sensitive personal data of your end users to the extent this is provided by you to us. In proceeding to install the Service, you represent, warrant and undertake that you shall provide all required disclosures and obtain on our behalf and maintain all necessary consents (including explicit consent, if applicable) from the relevant individuals in respect of such processing, and comply with all requirements under the Terms of Service | Tencent Cloud in respect to the processing of end user data. You agree that you will adhere to any Tencent Cloud's request for proof of such collection and disclosure. You also agree that you will indemnify and hold Tencent harmless from and against all claims, liabilities, costs, expenses, loss or damage (including consequential losses, loss of profit and loss of reputation and all interest, penalties and legal and other professional costs and expenses) incurred by Tencent arising directly or indirectly from a breach of this requirement.
6. Miscellaneous
6.1 The parties hereto acknowledge and agree that, for any losses incurred by you during the course of using the Service due to any breach by Tencent Cloud, the aggregate compensation amount payable by Tencent Cloud shall under no circumstance exceed the total Service Fees you have paid for the relevant Service which is not performed.
6.2 Tencent Cloud has the right to amend the terms of this Agreement as appropriate or necessary in light of changes in due course. You may review the most updated version of relevant Agreement terms on the official website of Tencent Cloud. If you disagree with such revisions made by Tencent Cloud to this Agreement, you have the right to cease using the Service; by continuing to use the Service, you shall be deemed to have accepted the Agreement as amended.
6.3 As an ancillary agreement to the Terms of Service | Tencent Cloud, this Agreement is of the same legal effect as the Tencent Cloud Service Agreement. In respect of any matter not agreed herein, you shall comply with relevant terms under the Tencent Cloud Service Agreement. In case of any conflict or discrepancy between this Agreement and the Tencent Cloud Service Agreement, this Agreement prevails to the extent of such conflict or discrepancy. (End of Document)
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