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    Captcha Service Level Agreement

    最后更新时间：2024-10-10 15:08:34
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      To use the Tencent Cloud Captcha Service (the “Service(s)”), you shall read and comply with this Tencent Cloud Captcha 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, 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 Service Year

      A “Service Year” refers one year starting from the date of service activation. For example, if the service activation date is March 17 of the current year, then the Service Year is from March 17 of the current year to March 16 of the following year.

      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” = total number of days in the Service Month x 24 (hours) x 60 (minutes).

      1.4 Failed Request

      The following situations are considered “Failed Request”: (1) The return status code is 5XX or 4XX due to the verification code system, that is, the returned status code starts with 5 or 4. (2) The normal request does not reach the verification code server due to a verification code system failure.

      1.5 Total Request

      “Total Request” refers to the total number of authentication requests initiated by the client.

      1.6 Error Rate

      The Error Rate is calculated based on 1 minute. “Error Rate” = (number of Failed Requests per minute / Total Requests per minute) x 100%.

      1.7 Unavailability Time

      If the Error Rate of the Services is greater than 0.01% within 1 minute, the minute will be counted as “Unavailability Time”. If the Services are unavailable for more than 1 minute continuously, it will be counted as one “Failure Event”.

      1.8 Service Unavailability Minute

      “Service Unavailability Minute” refers to the sum of the Unavailability Time within the Service Month.

      1.9 Annual Service Fee

      “Annual Service Fee” refers to the total amount of verification code service fees in a Service Year.

      2. Service Availability

      2.1 Service Availability Calculation Method

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

      2.2 Service Availability Standard

      The Service Availability of the Services shall not be less than 99.99% (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 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 Standards

      (1) Compensation will be provided in the form of service times compensated by Tencent Cloud.
      (2) Tencent Cloud will compensate you for the corresponding service times according to 10 times the number of Failed Requests in the Failure Events within the Service Month, that is: compensation times = Failed Requests * 10. For example, if the number of Failed Requests in the Failure Events within a non-compliant Service Month is 10 times, Tencent Cloud will compensate you for 10 * 10 = 100 verification code requests.

      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 two (2) months 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 security threats or fraud or illegal acts posed by you or your end users to the Services provided by Tencent Cloud.
      4.2 Service unavailability due to your or any third party's equipment, software or technology.
      4.3 Service unavailability due to your failure to configure and use the product in accordance with Tencent Cloud's regulations.
      4.4 Service unavailability due to your violation of any Tencent Cloud product rules.
      4.5 Service unavailability due to your non-payment, arrears or refunds.
      4.6 Service unavailability due to your illegal use of Tencent Cloud products.
      4.7 Service unavailability due to maintenance or upgrade of the network, hardware or services related to the Services (but Tencent Cloud will notify you of the maintenance and upgrade time plan in advance).
      4.8 Service unavailability due to force majeure.
      4.9 Service unavailability or failure to meet the Service Availability Standard not attributed to Tencent Cloud.
      4.10 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. Warranty

      (1) Tencent Cloud only provides you with technical services. You must ensure that the images uploaded to the Captcha Service are legal and compliant and do not contain any content that infringes on the legal rights of any third party.
      (2) You guarantee that you have complete and valid intellectual property rights to the images uploaded to the verification code product, and guarantee that you have the right to upload them to the Captcha Service for use. You understand and agree that the images you upload to the Captcha Service will be displayed in the operating interface of the product, and you agree and authorize Tencent Cloud to use the relevant images in the process of providing you with the Captcha Service.
      (3) If Tencent Cloud discovers or discovers based on complaints from rights holders that you may have violated relevant laws and regulations or infringed upon the rights of a third party, Tencent Cloud has the right to make its own independent decision based on the general public's understanding and unilaterally take measures such as deleting images you uploaded and restricting your use of the Services at any time. You will bear all responsibilities and consequences arising from your actions. Should your actions result in losses to Tencent Cloud or any third party, you will be responsible for compensating those losses.

      6. Miscellaneous

      6.1 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 Annually Service Fee 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.
      6.2 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.
      6.3 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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