In order to use the Tencent Cloud Tencent Machine Translation Service (the “Service”), you shall read and comply with this Tencent Cloud Tencent Machine Translation Service Level Agreement (this “Agreement”) and the Tencent Cloud Service Agreement. This Agreement contains, among others, the terms and definitions of the Service, Service Availability and Service Availability Standard, Compensation Plan and Disclaimer of Liabilities. Please carefully read and fully understand each and every provision hereof, and the provisions restricting or disclaiming certain liabilities, or otherwise related to your material rights and interests, are in bold font or underlined or otherwise brought to your special attention.
Please do not purchase the Service unless and until you have fully read, and completely understood and accepted all the terms hereof. By clicking “Agree”/ “Next”, or by purchasing or using the Service, or by otherwise accepting this Agreement, whether express or implied, you are deemed to have read, and agreed to be bound by, this Agreement. This Agreement shall then have legal effect on both you and Tencent Cloud, constituting a binding legal document on both parties. For the purposes of these Terms of Service, “Tencent Cloud” refers to the applicable Tencent entity as set forth in the Tencent Cloud Service Agreement.
1.1 Tencent Machine Translation Service provided by Tencent Cloud (TMT)
Refers to the public cloud translation interface calling services provided by Tencent Cloud, including text translation, voice translation, picture translation, language identification and other types of translation services provided by Tencent Machine Translation products, subject to the services you actually use. You can use the Service to realize text, voice and picture translation.
1.2 Service Month(s)
Service Month(s) refers to the calendar month(s) within the term of the Service purchased by you. For example, if you activate the Service from March 17, there will be four (4) Service Months until June 16 (the first Service Month from March 17 to March 31, the second from April 1 to April 30, the third from May 1 to May 31, and the fourth from June 1 to June 16). The Service Availability will be calculated separately for each Service Month.
1.3 Service Downtime Calculated in Minutes within Service Month(s)
In a certain minute, only if all your constant requests via the Service’s API (at least 100 requests in such minute) fail, such minute will be counted as Service Downtime Calculated in Minutes within the Service Month. If all or some of your requests via the Service’s API in a certain minute succeed, the Service will be deemed available in such minute and such minute will not be counted as Service Downtime Calculated in Minutes within the Service Month. The sum of Service Downtime Calculated in Minutes in a Service Month is Service Downtime Calculated in Minutes within such Service Month.
1.4 Total Number of Minutes within Service Month(s)
Total Number of Minutes within Service Month(s) = the total number of days in such Service Month(s) × 24 (hours) × 60 (minutes).
2.1 Calculation of Service Availability
Service Availability = (1- Service Downtime Calculated in Minutes within a Service Month / Total Number of Minutes within such Service Month) × 100%.
2.2 Service Availability Standard
The Service Availability for the Service provided by Tencent Cloud **shall be no less than 99.9% **(“Service Availability Standard”). If the Service fails to meet the Service Availability Standard (except under circumstances as set forth in the Disclaimer of Liabilities), you may claim compensation in accordance with Article 3 of this Agreement.
In respect of the Service, if the Service fails to meet the Service Availability Standard, you will be entitled to compensations in accordance with the following terms:
3.1 Standards of Compensation
(1) Compensations will be made in the form of voucher by Tencent Cloud, and after receiving the voucher, you should use the voucher by abiding the voucher usage rules (including usage period, etc., subject to the voucher usage rules published on Tencent Cloud official website). Such voucher cannot be converted into cash, and no invoice will be issued with respect thereof. The voucher may only be used to purchase the Service by using your Tencent Cloud account, and you cannot use the voucher to purchase other services of Tencent Cloud, nor should you give the voucher to a third party for consideration or for free.
(2) If the Service fails to meet the Service Availability Standard in any Service Month, the amount of compensation shall be calculated for such Service Month independently, and the aggregate amount shall be no more than the Monthly Service Fee you pay for the Service in the Service Month in which the Service fails to meet the Service Availability Standard (the Monthly Service Fee excludes the portion deducted by vouchers, coupons, service fee reduction or exemption, etc.).
|Service Availability in a Service Month||Value of Compensational Voucher|
|Less than 99.9% but is or higher than 99%||10% of the Monthly Service Fee|
|Less than 99% but is or higher than 95%||25% of the Monthly Service Fee|
|Less than 95%||50% of the Monthly Service Fee|
3.2 Time Limit for Compensation Application
(1) If the Service Availability in a Service Month fails to meet the Service Availability Standard, you may apply for compensation only through the Tencent Cloud ticket system under your relevant account after the fifth (5th) business day of the month immediately following such Service Month. Tencent Cloud will verify and ascertain your application upon receipt of such application. If there is any dispute over the calculation of the Service Availability for a Service Month, both parties agree that the back-end record of Tencent Cloud shall prevail.
(2)You shall apply for compensation no later than the sixtieth (60th) calendar day following the end of the Service Month in which the Service fails to meet the Service Availability Standard. If you fail to make any application within such period, or make the application after such period, or make the application by any means other than that agreed herein, it shall be deemed that you have voluntarily waived your right to apply for such compensation and any other rights you may have against Tencent Cloud, in which case Tencent Cloud has the right to reject your application for compensation and not to make any compensation to you.
3.3 Application Materials for Compensation
If you believe that the Service fails to meet the Service Availability Standard, you may apply for compensation within the time period as stipulated under this Agreement, and you should at least provide the following information together with your compensation application:
(1) the AppID and UIN used by the Service;
(2) the specific time period of the service unavailability, down to the minute.
If the service is unavailable due to any of the following reasons, the corresponding Service Downtime shall not be counted towards Service Unavailability period, and is not eligible for compensation by Tencent Cloud, and Tencent Cloud will not be held liable to you:
4.1 Any system maintenance with prior notice by Tencent Cloud, including system cutover, maintenance, upgrade and malfunction simulation test.
4.2 Any failure or configuration adjustment of any network or equipment that is not a Tencent Cloud facility.
4.3 Any attack on your application interface or data or any other misconduct.
4.4 Any loss or leakage of data, passcode or password due to your improper maintenance or confidentiality.
4.5 Any authorization due to your negligence, any maloperation or any of your own equipment, or third-party software or device.
4.6 Any failure of you to abide by documentation or suggestions for using Tencent Cloud products.
4.7 Any use exceeding the service capability limitation marked in the current paid version.
4.8 The Service is unavailable or fails to meet the Service Availability Standard due to any reason not attributable to Tencent Cloud.
4.9 Any other circumstances in which Tencent Cloud will be exempted or released from its liabilities for compensation or otherwise according to applicable laws, regulations, agreements or rules, or rules or guidelines published by Tencent Cloud separately.
5.1 The parties hereto acknowledge and agree that, for any losses incurred by you for the use of the Service due to any breach by Tencent Cloud, the aggregate liability of Tencent Cloud shall under no circumstance exceed the total service fees you have paid for the relevant Service which fails to meet the Service Availability Standard. If you have used the Service for more than 12 months, the total aggregate liability of Tencent Cloud shall not exceed the total service fees you have paid to Tencent Cloud for the Service which fails to meet the Service Availability Standard in the 12 months immediately preceding the date that event giving rise to the liability first occurred.
5.2 Tencent Cloud has the right to amend the terms of this Agreement as appropriate or necessary in light of changes in due course. You may review the most updated version of relevant Agreement terms on the Tencent Cloud official website. If you disagree with such revisions made by Tencent Cloud to this Agreement, you have the right to cease using the Service; by continuing to use the Service, you shall be deemed to have accepted this Agreement as amended.
5.3 As an ancillary agreement to the Tencent Cloud Service Agreement, this Agreement is of the same legal effect as the Tencent Cloud Service Agreement. In respect of any matter not agreed herein, you shall comply with relevant terms under the Tencent Cloud Service Agreement. In case of any conflict or discrepancy between this Agreement and the Tencent Cloud Service Agreement, this Agreement prevails to the extent of such conflict or discrepancy. (End)