Huawei Smart Vehicle Service User Agreement

This Huawei Smart Vehicle Service User Agreement (hereinafter referred to as "Agreement") contains the terms and conditions under which you access and use your Huawei Smart Vehicle Cloud account and use the Huawei Smart Vehicle Cloud (hereinafter referred to as "Services").

This Agreement is signed by the relevant Party of Huawei Smart Vehicle Service ("Huawei Smart Vehicle Cloud" or "We") as defined in this Agreement with the entity you represent. If you do not specify an entity related to your account and services, this Agreement shall be signed separately with you. If you enter into this Agreement on behalf of an entity, you represent and warrant to us that you have the legal authority to represent that entity and to bind that entity to comply with the terms and conditions of this Agreement. Unless otherwise notified by Huawei Intelligent Vehicle Cloud, this Agreement shall take effect as of the date of your acceptance. If you and Huawei Intelligent Vehicle Cloud are mentioned separately in the following sections, they are called one party. If you are mentioned together, they are called both parties.

If you subscribe to the Service offline through us, you may have entered into a separate agreement with us. You acknowledge and agree that if you are authorized or otherwise authorized to access and use the Service, you will remain bound by this separate agreement; In the event that the contents of this Agreement conflict with the contents of the separate Agreement, the contents of the separate Agreement shall prevail.

1. Use of services

 

1.1 Grant of rights. For the purpose of subscribing to the Services, we grant you a non-exclusive, non-transferable, non-sublicensable and limited license under the terms and conditions of this Agreement. You shall comply with this Agreement and the laws and regulations relating to the services you access. You may allow your end users to access and use the Service, but you shall hold the end users subject to the terms and conditions of this Agreement and liable for breach of the Agreement. If you become aware of any breach of this Agreement by the End User, you will immediately notify us and take appropriate action to correct such breaches, including but not limited to suspending or terminating the End User's access to or use of the Services.

1.2 Your account. To access and use the service, you must register a Huawei Smart Vehicle Cloud account. When registering an account, you need to provide true and accurate information. If your information is changed, update it in your account. You are responsible for (a) the confidentiality of your account and the security of any passwords, authentication keys or security credentials used to enable your access to the Service; and (b) All activities under your account, whether you or your end-users are responsible. You will notify us immediately if there are any unauthorized or abuses or any security incidents related to the Service under your account. You acknowledge and agree that we will not be liable for any unauthorized or abuse in your Account, unless this is caused by our breach of this Contract.

1.3 Real-name authentication. Huawei Smart Vehicle Cloud High-Precision Map Service and you must comply with relevant laws and regulations for real-name authentication. For some cloud services, Huawei Smart Vehicle Cloud High-Precision Map Service may require you to provide further identity information, business qualifications, and information to complete identity authentication or qualification verification. You can subscribe to or use related cloud services only after you complete the identity authentication and qualification verification. You understand and agree that Huawei High-Precision Map Service has the right to review the authenticity, accuracy, and validity of the information you provide during real-name authentication. You know and agree that if you fail to complete real-name authentication in accordance with relevant laws and regulations and the requirements of the high-precision map cloud service, you will not be able to subscribe to or use the high-precision map cloud service or become a cloud service partner of the high-precision map cloud service, your access to or use of the high-precision map cloud service of Huawei Smart Vehicle Service will also be affected.

1.4 Acceptable use policies. In addition to the terms and conditions of this Agreement, you agree to comply with an acceptable use policy. This policy is incorporated by reference as part of this Agreement.

1.5 Your content. You shall ensure that your content does not violate the terms and conditions of this Agreement and complies with laws and regulations. You are responsible for the legality, accuracy, completeness and reliability of your content. As part of the Terms of Service, you are responsible for obtaining and continuing to retain any notice, consent or authorization in relation to your Content. Unless otherwise specified by law, we assume no obligations and responsibilities in relation to your content.

1.6 Third-party content. The service may include or provide you with third-party content. Third Party Content may be subject, if applicable, to separate terms and conditions set out in this Agreement or in the Terms of Service and Documents. Third Party Content is provided on an "As-is" and "Currently Available". We do not make representations or warranties of any form of any third party content, nor are we liable for any loss, damage, expense or cost of any nature or kind caused by any third party content.

1.7 Your network and connections. Unless otherwise agreed in writing by the Parties, you shall (a) ensure that your network and systems comply with the relevant specifications (if any) provided by us from time to time; (b) have sole responsibility for the procurement and maintenance of network and telecommunications connections from your systems to our or any third party data centers; and (c) At its sole discretion, all problems, conditions, delays, delivery failures and all other losses, damages, liabilities, expenses or charges of what nature or kind arising from or in connection with your network connection, telecommunication connection or the Internet.

2. Security and data privacy

 

2.1 Our security. Subject to the obligations set forth in Clauses 1.5 and 2.3, we will take appropriate administrative, physical and technical measures to help you protect the security and confidentiality of your content stored in the Service Environment. We will not access or use your content unless it is necessary to provide you with necessary services or to comply with laws, regulations, or binding orders from government agencies.

2.2 Data privacy. As part of the Services, we comply with our Privacy Policy Statement in order to protect the privacy information you provide to us. We will not migrate your content from the region of your choice without your consent unless (a) it must be migrated to comply with applicable laws and regulations or binding orders of government authorities; (b) for the purpose of providing billing, administration, technical services or investigating security incidents or breaches of this Agreement. We may process some data in the data center area where you are using the service, and we may also process that data in the area where we maintain our operations, support, and investigative systems and teams.

2.3 Your safety. Subject to section 2.1 above, you are responsible for any security vulnerability and the consequences of such vulnerability caused by or in connection with your Content, including but not limited to any virus, Trojan horse, worms or other harmful programming programs contained in your Content.

 

4. Declarations and assurances

 

4.1 Statement by both parties. Both parties declare that they have legally and effectively signed this Agreement and have corresponding rights and authorizations.

4.2 Your Statement and Warranty. You represent, warrant and undertake (a) that you shall comply with all applicable laws and regulations relating to your activities under this Agreement; (b) You shall comply with the Acceptable Use Policy when using the Service; (c) Your use of the Services shall not infringe the intellectual property rights or any other rights of any third party.

4.3 Our Limited Warranty. We guarantee that we will use commercially reasonable efforts and technologies to meet the SLA requirements during the service period. We are not responsible for (a) any problems arising from your Content or third party Content or any products and/or services not provided by us, or (b) any problems arising from the abuse or modification of the Services or the use of the Services in violation of the terms of this Agreement and laws and regulations.

4.4 Disclaimer. We do not warrant that (a) the Service will be error-free or uninterrupted; (b) We will correct all defects or errors in connection with the Service or prevent any breach or unauthorized access by all third parties in connection with the Service; or (c) The Service will be compatible with your Content or any other hardware, software, systems, services, or data not provided by Huawei. To the extent permitted by law and unless expressly provided otherwise, we exclude and expressly reject any warranties, representations, terms, conditions or any other form of undertaking, whether express or implied, statutory or otherwise, including, but not limited to, any warranties, representations, terms, conditions or other commitments for marketability, quality satisfaction, non-infringing or specific use suitability.

 

5. Ownership and restrictions

 

5.1 Your Content. You and/or your licensor retain the intellectual property rights in your content. Under this Agreement, you grant us the right to host, process and/or transmit your content for the operation and provision of services.

5.2 Services provided. We and/or our Licensors retain ownership, intellectual property rights and interests in the Services (including any underlying software program and all parts thereof, reproductions and modifications), derivatives of the Services and any content developed or delivered by us or on behalf of us. Unless otherwise expressly provided in this Agreement, nothing in this Agreement shall be construed as conferring on you any rights, titles, or interests in or in connection with the Services.

5.3 Limitations. You may not, or may not, cause or permit the End User or other person to (a) modify, alter or manufacture a derivative of the Service; (b) Disassemble, decompile, reverse engineer, copy any part of the Service, or apply any other program to obtain the source code of any software contained in the Service; (c) distribute, resell, sublicense, or transfer the Services, unless otherwise provided in this Agreement or with the written consent of the Parties; (d) Access to the service for the purpose of (i) building a competitive product or service; and (ii) reproducing any feature, function or graphics of the service; or (iii) perform or disclose any benchmark, safety or performance test of the Service.

5.4 Feedback and Suggestions. If you or your end users make any feedback, suggestions, requests or comments ("Customer Recommendations") to us or our Affiliates in connection with the conduct of the Services ("Customer Recommendations"), you acknowledge and agree that we and our Affiliates have the right to use Customer Recommendations without restriction, we will retain ownership, intellectual property rights and interests of, but not limited to, any right to use and incorporate Customer Recommendations into our Services to develop new features or to improve the performance, functionality or security of the Services.

 

6. Compensation

 

6.1 Our compensation. If a third party lodges a claim against you that the services provided by us and used by you infringe upon the intellectual property rights of the third party, we will defend you at our own expense and compensate you for the loss, cost and expenses incurred by the final court judgment or settlement with the third party, provided that you: (a) promptly notify us in writing of such claims; (b) agree that we shall take the lead in the defence and reconciliation; (c) To provide us with all reasonable information, authority and assistance necessary to defend or resolve the claim. We may, at our sole discretion, modify the part of the service alleged to be infringed so as not to infringe upon the functionality of the service, without materially affecting the service; (b) To obtain a lawful authorization in respect of that part of the service for which the infringement is alleged; or (c) Terminate the service and refund, with prior written notice, the prepayment of the unused service. We will not indemnify you for any claim arising from (a) your use of or in combination with any other party's software, hardware or content not provided by us; (b) due to your content, third-party content, or your breach of this Agreement; (c) Caused by your change of the Service or your use of the Service outside the scope of use identified in the Service Document (or your use of the Service is contrary to our guidance); (d) Caused by any modification to the service or the underlying software that is not operated by us; (e) for the purpose of complying with or enforcing industry standards or any applicable laws and regulations; (f) You continue to use the Service after you are notified to stop using the Service due to a third party's claim; or (g) You may avoid infringement by changing or upgrading the current version or taking measures recommended by us, but you fail to cooperate with the update or upgrade to the latest version, or fail to implement our recommendations.

6.2 Your compensation. You will defend us at your own expense if a third party makes a claim against us that (a) your Content or your Content or a combination of your Content used by us under this Agreement or our Services infringes the intellectual property rights of the third party, or (b) you use the Services in an unlawful manner or in violation of the provisions of this Agreement, and indemnify us for losses, costs and expenses caused by a final court judgment or settlement with a third party, provided that we (a) notify you of such claims in writing in a timely manner; (b) agree that you will lead the defence and settlement; (c) To provide you with all reasonable information, authority and assistance necessary to defend or resolve the claim. We may, in our sole discretion, suspend or terminate the Services, this Agreement or the applicable Order Form without refunding any fees paid. If such claims are directly caused by our breach of this Agreement, you shall not make any compensation to us.

6.3 Exclusivity relief. This indemnity clause is the only remedy available to both parties in respect of any infringement claim.

 

7. Confidentiality

 

7.1 Definition of confidential information. "Confidential Information" means all information relating to the Disclosing Party (or its affiliates) disclosed by one party (the Disclosing Party) to the other (the Recipient) or to employees, officers, customers or suppliers of the Recipient (or its affiliates) in the course of the transaction related to this Agreement, whether such information is disclosed before or after the signing date of this Agreement, and exists in any media or form (including writing, oral, visual or electronic), whether or not it is marked or described as "Confidential", or is relevant to the Disclosure Party (if its affiliates), its employees, officers, customers or suppliers, and reasonably should be understood as confidential, given the circumstances in which it is disclosed and the nature of the information. Confidential Information shall not include the following information: (a) information which is or will be known to the public otherwise than by reason of the act or omission of the other party; (b) Was lawfully in possession of the other party prior to disclosure and did not breach its confidentiality obligations to the disclosing party; (c) Information lawfully disclosed by a third party to the other party in respect of which the third party is not obligated to keep confidential; or (d) Information independently developed by the other party.

7.2 Protection of confidential information. Each party agrees to keep confidential the other party's confidential information within the validity period of this Agreement and within five years thereafter. Neither Party shall disclose the Confidential Information of the other Party to any person except in accordance with Article 7 or with the prior written consent of the other Party. Each party agrees to take appropriate measures to protect the other party's confidential information to a level not less than that of the other party's own confidential information.

7.3 Disclosure is permitted. The Recipient may only disclose the Confidential Information to employees, agents or subcontractors who must be aware of the Information and have a confidentiality obligation not less than that specified in this Agreement. Unless otherwise authorized by the other party, both parties may use the other party's confidential information only for the purposes of this Agreement. However, one party may disclose the other party's confidential information in legal proceedings or as required by law.

 

8. Limitation of liability

 

8.1 Limitation of liability. Whether or not there is any other agreement, we or any of our Affiliates are responsible for any contract, misrepresentation (whether in tort or statutory), tort (including negligence) of any of our or any of our Affiliates under this Agreement and the maximum liability for loss, damage, fine, liability, charges, litigation, fees, expenses or costs of any nature or kind arising from the breach of statutory liability or otherwise shall not exceed the amount of the expenses you actually paid to us for the Services in respect of which the claim arises during the twelve (12) months prior to the occurrence of such liability.

8.2 Exclusion of liability. In no event shall either party or its affiliates be liable for indirect or consequential loss or damage, or damage to revenue, profits, opportunities, customer losses, goodwill, reputation, data or use of data, arising from or in connection with this Agreement. Notwithstanding that one party or its affiliates has been informed of or is aware of the possibility of such damage or loss by the other party.

 

9. Duration, suspension and termination

 

9.1 Duration. This Agreement shall enter into force and continue in force on the effective date provided for in this Agreement unless terminated pursuant to this Clause 9.

9.2 Suspension. We may suspend your right to access or use the Services if (a) it is reasonably necessary to prevent unauthorized access to your data; (b) You or your end users violate the acceptable use policy, this Agreement, or applicable laws and regulations when accessing and using the service; (c) You have breached your payment obligations; (d) Your and your end users' access to and use of the Services may pose security risks to the Services, us, or third parties; (e) Access and use of the Service by you and your end users may adversely affect the functionality, availability, or operation of the Service; (f) In accordance with relevant laws and regulations or requirements of government agencies; (g) Access to and use of the Services by you and your end users may lead us, our affiliates or subcontractors to assume responsibility or regulate compliance risks; (h) You may infringe the intellectual property rights of a third party; (i) There are reasonable grounds for believing that fraud has been committed; or (j) You have ceased to carry on business or have entered into bankruptcy, liquidation, dissolution or similar proceedings. You acknowledge and agree that (a) the suspension will not exempt you from the obligation to pay the service fees before and during the suspension period; (b) You will not be entitled to any refund or service fee waiver for such suspension.

9.3 Termination.

9.3.1 If either party seriously breaches this Agreement and fails to repair the breach within 30 days after receiving the notice from the other party, the observing party has the right to terminate this Agreement.

9.3.2 You acknowledge and agree that in the event of any of the scenarios described in Clause 9.2(a) to (j), we also reserve the right to terminate the Service, the related order or this Agreement immediately and the contents stored in you during the Service may be deleted immediately.

9.4 Consequences of termination.

9.4.1 Termination of this Agreement shall not (a) affect the rights and obligations of both parties arising prior to the Termination Date; (b) Affect the continued validity of Articles 4, 5, 6, 7, 8, 9, 11, 12, 13 and 14 and any provisions necessary for the interpretation or enforcement of this Agreement; or (c) discharge your obligation to pay the sums payable under Section 3 of this Agreement or any charges due to us (including any charges incurred during the suspension) incurred during the validity of this Agreement, and you shall pay to us all such charges immediately on the effective date of the termination.

10. Force Majeure

 

Neither Party shall be liable for any act, event, omission or accident arising from an unforeseeable, unavoidable and insurmountable event, including but not limited to natural disasters (including earthquakes, storms or other natural disasters), acts of terrorism, war or war-like acts, civil or riot, electrical, network or communication interruptions, blockades, embargoes, fire, flood, explosions or malicious destruction, plant or equipment failures, or any laws, government orders, rules, regulations, directives, or changes in industry standards. Both parties will make reasonable efforts to mitigate the impact of the Force Majeure event. If such an event persists for more than 60 days, either party may cancel the unfulfilled services and affected orders upon written notice. This section does not relieve you of your payment obligations under this Agreement.

 

11. Application of the law and jurisdiction

 

11.1 The establishment, validity, interpretation, performance and dispute settlement of this Agreement shall be governed by the laws of the People's Republic of China.

11.2 Both Parties agree that this Agreement is signed in Longgang District, Shenzhen, and agree to submit any disputes arising out of or related to this Agreement to the court with jurisdiction in the place where this Agreement is signed for settlement (including any disputes or claims relating to non-contractual obligations).

 

12. Overall Agreement

 

12.1 This Agreement incorporates policies and documents by reference (including information quoted in web links or other policy information quoted) and constitutes the entire agreement between you and us for the Services. This Agreement supersedes, terminates, and supersedes all prior or contemporaneous written or oral representations, communications, understandings, undertakings and agreements (including any incidental contracts of any nature) between you and us regarding the Services. The Parties expressly agree that the terms and conditions of this Agreement and the orders used in this Agreement shall supersede any terms and conditions contrary to this Agreement, include terms in your tender, proposal, information sheet and in your order, receipt, receipt, receipt, confirmation, letter or other documents.

12.2 Unless expressly provided in this Agreement, both parties acknowledge that they have not relied on any oral or written representations, warranties, or commitments made by the other party regarding the subject matter of this Agreement before this Agreement takes effect.

 

13. Changes and modifications

 

13.1 Changes. We may modify or discontinue the service or modify or remove the features of the service at any time. We will notify you of any material change or termination of your subscribed services by posting a notice on our website or by other means. We may also update the SLA in accordance with Article 13.2.

13.2 Modify. We may notify you to publish a revised version of this Agreement, including the documents and policies mentioned in the Agreement, by uploading a revised version on the Website or otherwise. Unless otherwise provided in the updated version, document or policy, the revised terms will take effect upon publication or notice. You need to check these terms online regularly. If you continue to use the Service after the Terms Modification takes effect, it will be deemed that you accept the Terms Modification.

 

14. Supplementary Provisions

 

14.1 Relationships. Both parties are independent parties. This Agreement does not create a partnership, joint venture, agency or employment relationship between the parties.

14.2 Non-transferable. You may not assign or otherwise assign, in whole or in part, this Agreement to any third party, including your Affiliates, without our prior written consent. We may transfer or transfer any rights or obligations under this Agreement to our Affiliates without your consent. We will inform you through a website notice or other channels before the transfer takes effect.

14.3 There are no third-party beneficiaries. Except as otherwise expressly provided in this Agreement, non-parties shall not enforce any terms hereunder.

14.4 Service monitoring. We may continuously monitor the Services in the following situations: (a) operate and provide services, (b) detect and address threats to the functionality, security, integrity, and availability of the Services, (c) support your service requests, and (d) detect illegal activities or violations of acceptable use policies and this Agreement, our sustainable monitoring service.

14.5 Exports. Both parties shall comply with applicable export control laws and regulations of the United Nations, China, the United States and other countries. You represent and warrant that you and/or your end-users are not subject to sanctions and are not parties to any other prohibited lists or restrictions, including, but not limited to, lists established by the UN Security Council, the United States Government, the EU and its Member States. You shall be fully responsible for complying with the provisions relating to your subscription, access, and use of the Services, including, but not limited to, your content uploaded, processed, provided and/or made available to your end users.

14.6 Financial compliance. You warrant and undertake that 1) you or the company you represent, its subsidiaries, directors, management personnel, and, to the best of your knowledge, its shareholders, affiliates, agents or employees, whether natural persons or entities, are not restricted; 2) Any funds provided or to be provided by you or the company/entity you represent under this Agreement shall not be directly or indirectly linked to restricted objects or to any activities that may violate applicable laws/regulations, such as money laundering, terrorist financing, etc. Any funds you have received or will receive under this Agreement shall not be used directly or indirectly to support or facilitate any activity that violates applicable laws/regulations, including activities that may result in a sanction breach by either party or are prohibited by the sanctions; (3) You shall assume all liabilities or damages incurred by Huawei Smart Vehicle Cloud due to any false representations or failure to fulfill the above commitments, including but not limited to any loss, penalty, penalty, cost, expense, and legal fees that Huawei Smart Vehicle Cloud may suffer.

For the purposes of this article, restricted objects are: 1) persons on or under the control of, or acting as agents/representatives of, a person on a sanctions list; 2) Located or permanently resident in or registered in a country under comprehensive sanctions; 3) Sanctioned objects that are prohibited from conducting related transactions, activities, or business dealings with them according to relevant laws and regulations. Sanctions refer to any applicable economic sanctions laws, regulations, or restrictive measures formulated, administered, or implemented by the Office of Overseas Assets Control of the US Treasury, the US Department of State, the United Nations Security Council, the European Union, and other relevant government agencies and departments (the "sanction agencies"); Sanction lists are the sanctions lists published by sanctions agencies, including but not limited to the (Specially Designated Nationals and Blocked Persons list) issued by the Office of Foreign Assets Control (OFAC) of the US Treasury and the Consolidated List of Financial Sanctions Targets published by the United Kingdom Treasury.

14.7 Notification. We may notify you by website, email or text message in accordance with the provisions of this Agreement. Notices we send via the Website will take effect after they are posted, notices posted via email will take effect when we send the email (whether you receive or read it or not), and text messages will take effect when they are sent. You are responsible for updating your email address or phone number in a timely manner.

14.8 Customer Quotation. In view of the services we provide to you, you agree that we may indicate that you are our customer in sales and marketing materials and activities and use your trademark for this purpose.

14.9 No abstentions. Failure to enforce any of the terms of this Agreement shall not constitute a waiver thereof or limit the right to enforce them in the future. Any waiver by either party of any provision in breach of this Agreement shall not be deemed to be a waiver of the right to pursue subsequent breaches of that provision or of any other provision.

14.10 Severability. If any provision of this Agreement is deemed invalid or unenforceable, the other provisions of this Agreement shall remain in force. Any invalid or unenforceable terms will be replaced by another term consistent with the purpose and intent of this Agreement.

 

15. Protocol Definition

 

15.1 "Acceptable Use Policy" means the acceptable use policy incorporated in this Agreement by reference, and we have the right to update the acceptable use policy from time to time at our sole discretion.

15.2 "Affiliated Party" means any person who directly or indirectly controls, is controlled by, or is under common control with, a Party. For the purposes set forth above, "Control" means that the Related Party has the power to determine the management direction and policy direction of the Party, through equity or voting rights, contracts or otherwise.

15.3 "End User" means any person that you allow access and use of the Services and/or to access and use Your Content.

15.4 "Huawei Party" Huawei Technologies Co., Ltd.

15.5 "Intellectual Property Rights" means (a) patents, inventions, designs, copyrights and related rights, database rights, trademarks, service marks and trade names (whether or not registered), and the right to apply for registration; (b) Domain name exclusive rights; (c) Professional knowledge and confidential information; (d) Applications, extensions and renewals relating to any of the above-mentioned rights; (e) All other rights of a similar nature or equivalent effect which currently exist anywhere in the world.

15.6 "Order" or "Order Table" means an order that you order a Service online or offline.

15.7 The Privacy Statement is incorporated into the Privacy Statement in this Agreement by reference. We have the right to update the Privacy Statement from time to time at our discretion.

15.8 "Services" means services in the catalogue of our Sites.

15.9 "Terms of Service" means the terms of service incorporated in this Agreement by reference, and we have the right to update the terms of service at any time at our sole discretion.

15.11 "Tax" means all kinds of taxes imposed by law on an entity by reason of the existence of this Agreement or any local agreement, including but not limited to income tax, withholding tax, property tax, capital gains tax, value added tax, goods and services tax, service tax, business tax, surcharge, duty and other similar charges (whatever name). "Withholding Party" means the party which is required by law to deduct or make any payment under this Agreement.

15.12 "Third Party Content" means any third party software, data, interfaces or other products that you install, use, or download in connection with the Services.

15.13 "Your Content" means all data (including personal data), software, devices, text, images, videos, audio, photographs, third-party applications, information, materials transmitted, stored or processed by you and/or your End Users on the Services in any format. Our materials, data and information do not belong to you.

15.14 "Website" refers to the official website of Huawei Smart Vehicle Service.

 

Updated: August 2020

 

Attachment: Cloud Service Level Agreement

This Service Level Agreement (SLA) is an integral part of the Huawei Smart Vehicle Service User Agreement signed between you and Huawei Smart Vehicle Cloud. Terms defined in this Agreement have the same meaning under this SLA, except as otherwise defined in this SLA. In the event of any conflict or inconsistency between the terms and conditions of this SLA and those of this Agreement, this SLA shall prevail, but only to the extent of such conflict or inconsistency.

Huawei Smart Vehicle Cloud will modify the SLA in a timely manner. However, within your subscription period, Huawei Smart Vehicle Cloud will not modify your SLA terms in a way that substantially lowers the service level. If you renew the Service, the version of the SLA that applies at the time of renewal will apply to your renewal period. By continuing to provide services, you agree to the SLA applicable at that time.

General Terms

8.1 Definitions

Services: For the purposes of this SLA, services mentioned in this SLA refer only to the cloud services listed below.

Service period: A service period is a calendar month.

Total duration of a service period: Total number of days in each service period x 24 (hours) x 60 (minutes)

Service Unavailable: will be defined for each service in the Service-Specific Terms below. Service Unavailability does not include the occurrence of service unavailability due to the restrictions described below and the restrictions in the specific terms of the service.

Service Unavailability Time: indicates the total service unavailability time within a service period. If the service unavailability time is less than one month, the service unavailability time is counted as one month. The service unavailability time cannot be counted repeatedly. That is, the service unavailability time in each service period is not counted into the service unavailability time in the next service period.

Service availability refers to the service availability rate promised for the services specified in this SLA within a service period.

Monthly service fee: indicates the total service fee paid by a customer for the service within a service period (calendar month). If a customer pays the service fees for multiple service periods at a time, the monthly service fee is prorated based on the number of months that the customer purchases.

2. Compensation

Compensation method: If Huawei Smart Vehicle Cloud does not meet the service availability promised in this SLA, you can apply for compensation in accordance with this SLA. The compensation is the full and only compensation provided by Huawei Smart Vehicle Cloud to you for the failure to meet the service availability commitment.

Compensation application time limit: You can submit a compensation application for a cloud service that does not meet the service availability commitment after the bill of each service period is settled. The compensation application must be submitted within two (2) months after the service period ends. Claims for compensation beyond the time limit will not be accepted. Huawei Smart Vehicle Cloud will evaluate your application and decide whether to apply the compensation based on the SLA and the integrity principle.

3. Limitations

Unavailability caused by the following situations shall not be counted as service unavailability time:

1) Force majeure;

2) Your services are suspended or terminated in accordance with laws and regulations, as required by regulatory authorities, or in accordance with the agreement and the policies cited in the agreement.

3) The fault is caused by you or a third party.

(4) Routine maintenance of the system or service;

5) You do not use the service according to the service usage document or operation guide.

6) Service unavailability due to reasons of the network operator.

Service Specific Terms

High-precision map cloud service

1. Definitions

Service unavailability: indicates that the high-precision map service cannot be logged in to for more than 5 minutes due to the high-precision map service. The unavailability time less than 5 minutes is not counted.

2. Service availability

The service availability rate per service cycle is calculated as follows:

Service availability rate per service period = (Total duration of the service period – Service unavailability duration of the service period)/Total duration of the service period x 100%

Service availability commitment:

The high-precision map service uses reasonable commercial and technical efforts to ensure that the periodic service availability rate of the high-precision map service is not lower than 99%.

3. Service compensation

If the high-precision map cloud service availability does not meet the preceding commitment, you will be compensated according to the following table.

Service availability

Cash Coupon Compensation Amount

97% ≤ Service availability < 99%

10% of monthly service charge

95% ≤ Service availability < 97%

20% of monthly service charge

Service availability < 95%

50% of monthly service charge