These Tencent Cloud Contact Centre ("TCCC" or "Services") Terms of Use ("TCCC Terms") are a legally binding contract between you and Tencent Cloud regarding your use of the Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE TCCC SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS.
If you are not eligible, or do not agree to these TCCC Terms, then you do not have Tencent Cloud’s permission to use the Services. YOUR USE OF THE SERVICES, AND TENCENT’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY TENCENT AND BY YOU TO BE BOUND BY THESE TERMS.
Any terms not specifically defined herein shall have the same meaning as that set out in the Tencent Cloud Terms of Service.
1. CONTRACTING ENTITY; GOVERNING LAW
The contracting entity and governing law under the Tencent Cloud Terms of Service is the (i) Tencent entity with which you are contracting under these TCCC Terms; and (ii) the governing law that applies to these TCCC Terms and your use of the Services, respectively. Otherwise, if you have entered into an offline agreement with us, the contracting entity and governing law shall be dictated by the offline agreement that you have signed. 2. SERVICE CONTENT
2.1 The Tencent Cloud Contact Centre is a customer contact centre platform product for enterprises, which integrates multiple communication capabilities, including audio calls, telephone calls, Voice AIs, chatbots and text based customer support interactions. For the avoidance of doubt, the Service does not include any telecommunications or connectivity service which would enable the audio, video, telephone, instant messaging or other communications to be managed using the Service, nor the provision of any hardware.
2.2 In addition, you may separately opt in for the artificial intelligence ("AI") functionalities of the Service ("AI Agent"), which may be provided by Tencent Cloud. from time to time. The AI Agent function uses large language models ("LLM") to communicate with recipients, which may involve transcribing the end customer’s speech into text to be fed into the LLM, which will generate an appropriate response based on the input converted into speech, to which a response will be generated to the recipients. If the AI Agent functionality is enabled, the Service may provide the enterprise customer with end-to-end transcripts and recordings of the conversations.
2.3 Tencent Cloud may also allow you to procure certain external third party functionalities, including third party large language models and text to speech functions to be integrated into or used with the Services. In that event, you shall be responsible for ensuring that such third party functionalities are compatible with, that you have the obtained the relevant rights and consent, for such integration, and that your the use of such third party functionalities for the intended purposes do not contravene any terms and conditions with such third party providers. You shall indemnify Tencent Cloud against any and all claims losses, damages, costs and expenses arising from the use of such third party functionalities. If Tencent Cloud deems that the use of such third party functionalities causes any security, legal, or regulatory risks or harm to Tencent Cloud, or for other reasons, Tencent Cloud may request that you cease use of such functionalities.
3. SOFTWARE LICENSE
3.1 For the purpose of these TCCC Terms, the Software (as defined in the Tencent Cloud Terms of Service) refers to the TCCC client software, which is necessary for you and your end users to access and use the Services, as well as any software development kits ("SDKs"), software libraries, application programming interfaces ("APIs") and other software tools in the form made available to you under the Service, and may be provided by Tencent in different versions for different types of devices or computer terminals (including but not limited to desktop computer, laptop, mobile applications, and Tencent mini-programs, to be updated from time to time) ("Terminal Device"). You must download the appropriate Software version for your Terminal Device and operating system to access and use the Service. Tencent is not responsible for any non-availability or total or partial loss of functionality of the Service, or any risks and losses, arising from or in connection with your failure to correctly install the appropriate Software version.
3.2 Subject to your compliance with the terms and conditions of these TCCC Terms, Tencent grants you and your End Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license:
(i) to install, use, display, run and execute the Software (including any Updates) on your Terminal Device only during the Term, including but not limited to incorporating any SDKs or APIs into your business enterprise systems, for using the Service solely for your Internal Use, and in accordance with any other usage limitations communicated in any way to you by Tencent; and
(ii) to copy the Software (including any Updates as defined in the Tencent Cloud Terms of Service) in a computer-readable form as reasonably necessary to exercise the license rights granted in subsection (i), including but not limited to making a back-up copy with all of the copyright information contained in the original Software.
In these TCCC Terms, "Internal Use" means utilization of Software solely for your internal business purposes and not for any commercial purpose of sublicensing, reselling or distributing.
3.3 Third Party Software
(i) You are solely responsible for any third party software (including any open source software) or service you use, in conjunction, combination or otherwise in connection with your use of the Service or Software ("Third Party Software").
(ii) You must ensure that your use of the Software does not require any of the following, pursuant to the terms of such Third Party Software: (i) disclosure or distribution of any Software in source code form; or (ii) licensing of any Software for the purpose of making derivative works; or (iii) redistribution of the Software at no charge. For the avoidance of doubt, you must not combine the Software with any software licensed under any version of or derivative of the GNU General Public License or Affero General Public License (collectively "Copyleft Licenses") in any manner that could cause, or could be interpreted or asserted to cause, the Software or any modifications to the Software to become subject to the terms of any Copyleft Licenses.
(iii) Tencent is not responsible for and is not liable for any damages or losses arising from the use of the Third Party Software and Tencent does not endorse, support or guarantee the quality, reliability or suitability of any Third Party Software. You shall comply with any terms and conditions applicable to Third Party Software. Tencent does not provide any technical support for any Third Party Software. You should contact the relevant third party supplying such Third Party Software for technical support.
4. PERMITTED USES AND RESTRICTIONS
4.1 You shall not use the Service or Software for or to do any of the following, or cause or result in any such effect:
(i) use, facilitate, enable or permit the use of the Service or Software in contravention of any applicable marketing, advertising and/or spam control laws and regulations;
(ii) whether in an explicit or implicit manner, represent or hold out or cause the impression that the end recipient is communicating with a human individual, when that is not the case, and you shall, in compliance with applicable laws, ensure that required notifications are put in place for such clarification and notification purposes;
(iii) use or allow the use of Service for any illegal, fraudulent, deceptive, or misleading purpose, including but not limited to engaging in scams, phishing, impersonation, or any activity intended to defraud or harm any third party. You shall in addition implement appropriate technical, organisational and procedural measures to prevent the use of the Service for any such prohibited activities;
(iv) use the Service or Software in high-risk scenarios, such as for the operation of nuclear facilities, air traffic control, life support systems or autonomous systems, where the use or failure of the Service or Software could lead to death, personal injury, or environmental damage;
(v) use the Service in a medical, healthcare or educational context;
(vi) create, upload, copy, publish, transmit, disseminate or reproduce any content that violates applicable laws and regulations, or which is obscene, explicit, indecent, profane, vulgar, offensive or otherwise inappropriate for public display;
(vii) cause any harm (e.g. financial harm, harm to the physical and mental health, discrimination, reputational harm, and other adverse effects on rights and freedoms) to others or individuals, or any damage or infringement or violation of any third party rights; or
(viii) jeopardise the stability of the Service or Tencent's operations and security, or infringe upon the legitimate rights and interests of others.
4.2 In addition, the use of the AI Agent functionality of the Service shall be subject to the AI Services Terms. 4.3 Please be aware that Tencent has the right to take appropriate measures to verify and check whether you have fulfilled the corresponding obligations and the use restrictions set forth in these TCCC Terms, and you shall provide the necessary assistance and cooperation in such verification and checking. Whether or not Tencent has taken verification and checking measures, and the conclusions of such verification and checking, shall not affect your obligations and liabilities. If Tencent discovers that you have violated these TCCC Terms or engaged in unlawful or criminal activities using the Service, Tencent shall have the right to take, without notice and based on its own reasonable judgement, remedial measures such as issuing warnings, restriction of functions, suspension or termination of the Service, blocking of accounts, deletion of relevant content, keeping relevant records and reporting to the relevant competent authorities. You shall be solely responsible for any legal liabilities or any claims, demands or losses asserted by a third party resulting therefrom or arising therefrom; and you shall also indemnify Tencent for any losses incurred by Tencent as a result thereof.
5. SERVICE LEVELS
The service level of this Service is detailed in the Tencent TCCC Service Level Agreement. The Service does not guarantee any particular level of availability equivalent to that of the full version of the paid service, and other Service commitments to the extent the Service is provided free-of-charge. 6. INTELLECTUAL PROPERTY RIGHTS
6.1 "Intellectual Property Rights" has the meaning as defined under the Tencent Cloud Terms of Service.The Intellectual Property Rights of any information, materials, designs, technologies, programmes, codes, etc., provided by one party to the other party in connection with the Service, belong to the provider or its legal right holders, and, unless expressly agreed to by the provider or its legal right holders, the other party has no right to reproduce, transmit, transfer, distribute, display, sell, licence or make available for use by others.
6.2 The trademarks, copyrights or other Intellectual Property Rights of each party shall remain the sole property of such party and shall not be transferred to the other party or to the parties as a result of the signing of or performance under these TCCC Terms.
6.3 Tencent (or its licensor) is the owner of the rights to the Service, the Software, and all procedures, software, information, data, algorithms, models and other content with Intellectual Property Rights on which the Service relies (except for those belonging to third parties in accordance with the law), and you only have the right to use Tencent's relevant Intellectual Property Rights and interests in accordance with these TCCC Terms and the Tencent Cloud Terms of Service, and shall not in any way harm the rights and interests of Tencent's relevant Intellectual Property Rights and interests. Except for the express consent of Tencent, you shall not have the right to reproduce, disseminate, transfer, license or provide others with the use of the above information, technology, software, services, etc. and their related Intellectual Property Rights.
6.4 When you use the Service to create surveys as a survey initiator, you have the right to decide on the form and content of the survey, whether to publish the survey and the scope of publication. As the creator of the surveys you initiate and create, you own the Intellectual Property Rights to such surveys and the full rights and title to such surveys as well as related results and analysis. Tencent will not disclose or share this information related to your surveys without your consent.
6.5 You acknowledge and agree that Tencent may collect, maintain, process and use diagnostic, technical, usage, and other relevant information in relation to the Service and Software which has been anonymized ("Anonymized Technical Data"). Anonymized Technical Data may include User Data, including but not limited to collecting system logs, software execution logs, and unique system or hardware identifiers. You hereby grant to Tencent and its Affiliates a world-wide, non-exclusive, irrevocable, sublicensable, royalty-free and perpetual license to:
(i) access, host, copy, modify, use, transmit, distribute and display the Anonymized Technical Data:
a. for Tencent to operate and provide the Services and perform its other obligations under these TCCC Terms;
b. to comply with applicable laws or regulations or any court orders, lawful government or law enforcement requests, or other legal processes; and
c. such other purposes as may be agreed between the parties in writing from time to time;
(ii) use and incorporate into the Software or Services any suggestion, enhancement request, recommendation, correction, other feedback or Anonymized Technical Data that you provide relating to the operation of Tencent’s Services or its Affiliates’ services; and
(iii) host, copy, use, transmit, and display the statistical, analytical, technical and/or behavioural use data or other Anonymized Technical Data collected or generated by Tencent from your usage of the Services as contemplated under these TCCC Terms for the purposes of monitoring the availability, performance and functionality of the Services, undertaking analytics of the use of the Services, and improving the Software and Services (including but not limited to performance and user experience).
6.6 You shall be entitled to all rights and interests (including Intellectual Property Rights) subsisting in the any content generated by you from your usage of the AI Agent functionality ("Generated Content"). You shall use such Generated Content in compliance with applicable laws and regulations, these TCCC Terms, and the Tencent Cloud Terms of Service, and you be solely responsible for any Intellectual Property Rights issues arising from the creation and use of the Generated Content. Tencent shall not be liable for any damages resulting from any Generated Content, but Tencent shall have the right to remove any Generated Content that Tencent or any competent regulatory body deems to have violated any applicable law, regulations or policy, or any terms or provisions in these TCCC Terms and the Tencent Cloud Terms of Service. You shall indemnify and hold harmless Tencent for any loss caused to Tencent as a result of your breach of this Section 6.
6.7 Given that the content generated by the Service relies on machine-trained AI models, other Tencent users using the Service may obtain generated content similar to your Generated Content, at which point both you and the other Tencent users have the right to freely use your respective generated content, but may not claim proprietary rights in the generated content.
7. LIMITATION AND EXCLUSION OF LIABILITY
7.1 To the maximum extent permitted by applicable law, Tencent does not make any warranty as to the non-infringement, legitimacy, truthfulness, accuracy, completeness, timeliness, functionality, practicability and applicability to specific purposes of the Service, nor does Tencent guarantee that the Service will be free of defects.
8. SERVICE DATA RETENTION
8.1 You understand and agree that Tencent will use commercially reasonable efforts to store and secure the data related to or arising from your usage of the Service and/or Software, including but not limited any User Data ("Service Data"), but Tencent does not provide any guarantees, warranties, conditions as to the security or retention of Service Data, including but not limited to the following scenarios:
(i) Tencent will reasonable efforts to store and use your Service Data in accordance with industry standards and best practices. Tencent will not bear corresponding responsibility for the deletion or storage failure of relevant data for data risks that cannot be controlled after reasonable and best efforts in this service;
(ii) Tencent reserves the right to determine the maximum storage period or storage space of the Service Data at its sole discretion, based on the principle of data minimalism and other considerations Tencent solely determines to be relevant; and
(iii) If you stop using the Service, or these TCCC Terms, or the Service is terminated, Tencent reserves the right to permanently delete your Service Data from its servers. After the Service is terminated or cancelled, Tencent has no obligation to return any Service Data to you.
9. OTHERS
These TCCC Terms were last updated on the date first written above. Tencent has the right to make modifications to the contents of these TCCC Terms in accordance with changes in applicable laws or regulations, technological advances, and changes in Service features. If you do not agree with the modifications made by Tencent to the TCCC Terms, please do not continue using the Service.