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    Image Creation Large Model Service Level Agreement

    最終更新日:2024-10-31 14:51:56
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      To use the Tencent Cloud Image Creation Large Model Service (the “Service(s)”), you shall read and comply with this Tencent Cloud Image Creation Large Model Service Level Agreement (the “Agreement” or the “SLA”) and the Tencent Cloud Service Agreement, and the Tencent Cloud Image Creation Large Model Terms of Service. This Agreement contains the terms and definitions of the Services, Service Availability/Service success rate level 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 Image Creation Large Model Service

      “Tencent Cloud Image Creation Large Model Service” refers to the technical service that provides image generation functions based on pictures, texts, or pictures plus texts. After the user inputs a picture or a descriptive text, a picture related to the input content will be intelligently generated.

      1.2 Service Month

      “Service Month” refers to each natural month included in the service term of the Services you purchased. 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 is calculated separately by each Service Month.

      1.3 Failed Requests

      Requests that return an error code of “internal error” of the Services are considered “Failed Requests”, excluding the following types of requests:
      (1) Requests failed to be served by the Image Creation Large Model (error code: internal error) due to the use of inappropriate access mode, causing the request exceeds the QPS (number of requests per second) of the Image Creation Large Model Service.
      (2) Error requests or service unavailability caused by reasonable upgrades, changes, or downtime initiated by the Image Creation Large Model Service.

      1.4 Valid Requests

      Requests received on the server side of the Image Creation Large Model are considered “Valid Requests”, excluding the following types of requests:
      (1) Requests for inactivated/authorized Services, failed authentication, overdue payments, or incorrect key information.
      (2) Requests initiated when your application is attacked by hackers..

      1.5 Error Rate Per 5 Minutes

      “Error Rate Per 5 Minutes” = (number of Failed Requests per 5 minutes / total number of requests per 5 minutes) × 100%

      1.6 Monthly Service Fee

      “Monthly Service Fee” refers to the total amount of service fee you pay for the Image Creation Large Model Services in a calendar month. If you pay for multiple months of service fee at one time, the Monthly Service Fee will be calculated based on the number of months purchased.

      2. Service Availability/Service Success Rate

      2.1 Calculation of Service Availability/Service Success Rate

      “Service Availability” is calculated based on the service term. The Service Availability is calculated based on the average Error Rate Per 5 Minutes dividing the sum of Error Rate Per 5 Minutes in the Service term by the total number of 5 minutes in the Service term. That is:
      Service Availability = (1 - sum of Error Rate Per 5 Minutes in the Service term / number of 5 minutes in the Service term) × 100% (Note: total number of 5 minutes in the Service term = 12 × 24 × number of days in the Service term)

      2.2 Service Availability/Service Indicator Standard

      The Service Availability of the Services provided by Tencent Cloud shall not be less than 99.5% (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 in this Agreement 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.).
      Service Availability for the Service Month
      Compensation Voucher Amount
      Less than 99.5% but equal to or higher than 99.0%
      10% of Monthly Service Fee
      Less than 99.0% 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 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 Service Unavailability due to system maintenance performed by Tencent Cloud after notifying customer in advance, including cutover, repair, upgrade and simulated failure drills.
      4.2 Service Unavailability due to maintenance, failure or configuration adjustment of external objects, networks or equipment on which the Services rely.
      4.3 Service Unavailability due to the loss or leakage of data, passwords, etc. caused by your improper maintenance or improper confidentiality.
      4.4 Service Unavailability due to your application, application interface or data being attacked or caused by other improper behavior.
      4.5 Service Unavailability due to any network or equipment failure or configuration adjustment other than that of Tencent Cloud.
      4.6 Service Unavailability due to your failure to follow the Tencent Cloud product documentation or usage recommendations.
      4.7 Service Unavailability due to your negligent authorization, incorrect operation, your own equipment or third-party software or equipment.
      4.8 Push delays or discards caused by using Services exceeding the service capacity limit specified in the current paid version.
      4.9 Service unavailability or failure to meet the Service Availability Standard due to reasons not attributable to Tencent Cloud.
      4.10 Service Unavailability during the period of free provision.
      4.11 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.

      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 in the past 12 months 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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