To use the Tencent Cloud Cloud Infinite Service (the “Service(s)”), you shall read and comply with this Tencent Cloud Cloud Infinite Service Level Agreement (the “Agreement” or the “SLA”) and the Tencent Cloud Service Agreement. This Agreement contains the terms and definitions of the Services, service availability/service success rate grade indicator, compensation plan, disclaimer, and other relevant contents. Please be sure to read and fully understand the terms and conditions of this Agreement. Limitations, disclaimers, and other terms involving your material rights and interests may prompt your attention in bold, underlined, etc. Please do not purchase or use the Services unless you have thoroughly read, fully understood, and accepted all the terms of this Agreement. By clicking “Agree” or “Next”, or purchasing or using the Services, or accepting this Agreement in any other explicit or implicit manner, you are deemed to have read and agreed to be bound by this Agreement. This Agreement shall have legal effect between you and Tencent Cloud and shall become a legally binding document for both parties.
1. Terms and Definitions
1.1 Tencent Cloud Cloud Infinite
Cloud Infinite provides users with various data processing services, including image processing, content review, media processing, AI recognition, document preview, etc. Users can process data through Tencent Cloud Console, Cloud Infinite SDK and Cloud Infinite API. 1.2 Service Month
Service Month refers to each natural month included in the service term of the Services you purchase. For example, if you purchase the Services for three months, and the date of service opening is March 17, then four Service Months are included, of which the first Service Month refers to March 17 to March 31, the second Service Month refers to April 1 to April 30, the third Service Month refers to May 1 to May 31, and the fourth Service Month refers to June 1 to June 16. Service availability will be accounted separately for each Service Month.
1.3 Failed Request
Failed Request refers to request that fail to reach the Cloud Infinite server or cannot be returned normally after reaching the server due to a Cloud Infinite system failure.
1.4 Error rate per 5 minutes
Error Rate per 5 Minutes refers to the ratio of the number of Failed Requests returned by Tencent Cloud Cloud Infinite
per 5 minutes to the total number of user requests within the 5 minutes. The specific calculation method is as follows:
2. Service Availability
2.1 Calculation of Service Availability
The calculation of Service Availability of Tencent Cloud Cloud Infinite Service is as follows:
2.2 Service Availability Standard
Tencent Cloud Cloud Infinite promises that the Service Availability of the Services shall not be less than 99.95% (the “Service Availability Standard”). If the Service Availability Standard is not met (excluding cases covered by disclaimers), you shall be entitled to work order compensation in accordance with Article 3 of this Agreement.
3. Compensation Plan
For the Services, if the Service Availability is lower than 99.95%, you shall be entitled to compensation as per the following terms:
3.1 Compensation Standard
(1) Compensation will be provided in the form of vouchers issued by Tencent Cloud, and you must comply with vouchers usage rules (including usage period, etc., subject to the voucher-related rules published on the website of Tencent Cloud). The vouchers issued cannot be exchanged for cash, or be accompanied by invoices. Such vouchers can only be used to purchase the Services through your corresponding Tencent Cloud account, and cannot be used to purchase other services provided by Tencent Cloud. The vouchers cannot be transferred or gifted, etc.
(2) If the Service Availability Standard is not met in a Service Month, the compensation will be calculated separately according to the corresponding Service Month, and the total amount of compensation shall not exceed the corresponding Monthly Service Fee paid by you for the Services for the respective Service Month (excluding fees offset by vouchers, coupons, service fee deductions, etc.).
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Less than 99.95% but equal to or higher than 99% | 10% of the monthly service fee of Cloud Infinite |
Less than 99% but equal to or higher than 95% | 20% of the monthly service fee of Cloud Infinite |
Less than 95% | 50% of the monthly service fee of Cloud Infinite |
3.2 Time limit for claims
(1) If the Service Availability Standard is not met in a Service Month, you may claim for compensation only through the work order system of your corresponding account after the fifth (5th) business day of the month following the end of the corresponding Service Month in which the Service Availability Standard is not met. Tencent Cloud will conduct verification after you have filed the claim for compensation. In case of a dispute between the parties regarding the calculation of the Service Availability in the Service Month, both parties agree that Tencent Cloud’s backend records shall ultimately prevail.
(2) The latest deadline for you to file a claim for compensation shall not exceed sixty (60) calendar days after the end of the corresponding Service Month that the Service Availability Standard is not met.
If you fail to file a claim for compensation within the aforesaid period, or file a claim after the aforesaid period, or file a claim in a manner other than that agreed in this Agreement, it shall be deemed that you have automatically waived your right to demand compensation and any other claims against Tencent Cloud, and Tencent Cloud reserves the right to decline your claim for compensation and shall not be liable for any compensation or indemnification to you.
4. Disclaimer
For service unavailability caused by the following reasons, the corresponding service unavailability time does not fall within the scope of the calculation of service unavailability and Tencent Cloud’s compensation, and Tencent Cloud shall not be responsible for you:
4.1 System maintenance or unavailability warnings after Tencent Cloud notifies users at least 7 days in advance.
4.2 Failures caused by the network, equipment, or configuration that are not Tencent Cloud facilities.
4.3 Failures caused by attacks on the user's application interface or data or other improper behavior.
4.4 Failures caused by the user’s negligent authorization, incorrect operation, user-owned equipment or third-party software or equipment.
4.5 Failures caused by force majeure and unexpected events.
4.6 Service unavailability or failure to meet the Service Availability Standard not attributed to Tencent Cloud.
4.7 Circumstances where Tencent Cloud can be exempted from liability or compensation liability as stated in relevant laws and regulations, relevant agreements, relevant rules or relevant rules and instructions separately issued by Tencent Cloud.
5. Miscellaneous
5.1 The parties acknowledge and hereby agree that: under no circumstances shall Tencent Cloud’s compensation liability for breach of contract in aggregate exceed the corresponding service fees you have paid for the defaulted Services if you suffer damages due to Tencent Cloud’s breach of contract during your use of the Services.
5.2 Tencent Cloud reserves the right to modify this Agreement when appropriate or necessary according to any changes. You can refer to the relevant contents in the latest version on the website of Tencent Cloud. If you do not agree with Tencent Cloud’s modification to this Agreement, you have the right to stop using the Services. If you continue to use the Services, you shall be deemed to have accepted the modified Agreement.
5.3 This Agreement, as an ancillary agreement of Tencent Cloud Service Agreement, shall have the same legal effect as Tencent Cloud Service Agreement. You shall comply with the provisions in Tencent Cloud Service Agreement for matters not specified in this Agreement. In the event of a conflict or inconsistency between the terms of this Agreement and Tencent Cloud Service Agreement, this Agreement shall prevail, but only to the extent of such conflict or inconsistency. (End)
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