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    Mobile Performance Monitoring Service Level Agreement

    最終更新日:2024-05-09 14:23:31
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      To use the Tencent Cloud Mobile Performance Monitoring Service (the “Service(s)”), you shall read and comply with this Mobile Performance Monitoring 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 plans, disclaimer clauses, 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 be highlighted 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 Mobile Performance Monitoring Service

      Mobile Performance Monitoring (“MPM”) is a tool to detect the performance and user experience of iOS and Android applications in an all-round way, and can automatically analyze suspicious performance defects in each dimension from multiple dimensions. It can help you accurately measure the performance of iOS and Android applications, and find all kinds of application problems with low cost and high efficiency.

      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 Total Minutes within the Service Month

      “Total Minutes within the Service Month” is counted as the total number of days of the Service Month × 24 (hours) × 60 (minutes).

      1.4 Unavailability Minutes of the Mobile Performance Monitoring Service

      “Unavailability Minutes” of the Mobile Performance Monitoring Service = Unavailability Minutes of the Mobile Performance Monitoring Service Console + Unavailability Minutes of the Interface.
      “Unavailability Minutes of the Mobile Performance Monitoring Service Console” refers to the time when the console can't normally create and edit the business system, create and edit the application, and view the application performance data due to business failure, including the system maintenance time without prior notice. If the time for business failure to return to normal is less than 5 minutes (that is, the unavailability time of the console is less than 5 minutes, not including 5 minutes), it will not be counted as Unavailability Minutes of the Mobile Performance Monitoring Service Console.
      “Unavailability Minutes of the Interface” refers to the time difference between the time the interface becomes unavailable due to business failure and the time it returns to normal use, including the system maintenance time without prior notice. If the time of business failure is more than 5 minutes, it is counted as Unavailability Minutes of the Interface. If the time for business failure to return to normal is less than 5 minutes (that is, the unavailability time of the interface is less than 5 minutes, not including 5 minutes), it will not be counted as Unavailability Minutes of the Interface.

      2. SERVICE AVAILABILITY

      2.1 Calculation of Service Availability

      “Service Availability” = ((Total Minutes within the Service Month - Unavailability Minutes within the Service Month) / Total Minutes within the Service Month) x 100%.

      2.2 Service Availability Standard

      The Service Availability of the Services provided by Tencent Cloud shall not be less than 99.0% (the “Service Availability Standard”). If the Service Availability Standard is not met (excluding cases covered by disclaimers), you shall be entitled to compensation in accordance with Article 3 of this Agreement.

      3. COMPENSATION PLAN

      For the Services, if the Service Availability is lower than the Service Availability Standard, 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 that respective month (the “Monthly Service Fee”, excluding fees offset by vouchers, coupons, service fee deductions, etc.).
      Service Availability in a Service Month
      Compensation Voucher Amount
      Less than 99.0% but equal to or higher than 98.0%
      10% of Monthly Service Fee
      Less than 98.0% but equal to or higher than 95.0%
      25% of Monthly Service Fee
      Less than 95.0%
      50% of Monthly Service Fee

      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 (“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 Unavailability due to system maintenance after Tencent Cloud notifies you in advance, including cutover, repair, upgrade, and simulated failure drills.
      4.2 Unavailability due to network, device failure or configuration adjustments other than Tencent Cloud devices.
      4.3 Unavailability due to attacks or other misconduct on your application interfaces or data.
      4.4 Unavailability due to the loss or leakage of data, passwords, codes, etc. because of your improper maintenance or improper confidentiality.
      4.5 Unavailability due to your negligent authorization, incorrect operation, your own equipment or third-party software or equipment.
      4.6 Unavailability due to your failure to follow the Tencent Cloud product usage documentation or usage recommendations.
      4.7 Push delays or drops caused by using more than the upper limit of the service capacity calibrated for the current paid version.
      4.8 Unavailability or failure to meet the Service Availability Standard not attributed to Tencent Cloud.
      4.9 The circumstances described in relevant laws and regulations, related agreements, applicable rules, or relevant rules and instructions separately issued by Tencent Cloud that Tencent Cloud can exempt from any liability or release of compensation liability, etc.

      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, Tencent Cloud Service Agreement shall prevail, but only to the extent of such conflict or inconsistency.
      
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