To use the LLM Service TokenHub service (the "Services"), you shall read and comply with this LLM Service TokenHub Service Level Agreement (the "Agreement" or the "SLA") and the Tencent Cloud Terms of Service. This Agreement contains the terms and definitions of the Services, service availability/service success rate grade 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 LLM Service TokenHub Service
The LLM Service TokenHub service is a technical service provided by Tencent Cloud to you via API, which combines interactive text generation with one or more types of content including dialogue, images, video and 3D models. You may invoke the Service through API calls, and the models underlying the Service will, in response to paradigm text inputs you provide for different tasks, automatically generate specific text, image, video or 3D model content. The Service is made available to developers on the basis of open-source large models including DeepSeek and other third-party large models (as actually made available on the Tencent Cloud official website from time to time).
1.2 Service Month
"Service Month" refers to each natural month included in the service term of the Service you purchase. For example, if you purchase the Service for three months, and the date of service opening is March 17, then four Service Month 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 Service Unavailability Minutes in a Service Month
In a minute, only if all your requests to a single individual API endpoint of the Services through the API continuously return Internal Errors, this minute will be counted as that API's "Service Unavailable Minutes" within the Service Month; if only some or none of your requests to such single API endpoint return Internal Errors in a minute, the Services for this API endpoint are deemed to be available in that minute and will not be counted as Service Unavailable Minutes within the Service Month. At the same time, if the number of your requests to the applicable single API endpoint in a minute is zero, this minute will not be counted as Service Unavailable Minutes. The sum of the Service Unavailable Minutes for each single API endpoint in the Service Month is the "Service Unavailable Minutes within the Service Month".
1.4 Unit Time
The usage statistics of the Service takes 5 minutes as a time unit, resulting in 288 measurement points each day. The measurement point of 00:00:00 represents the time slot from 00:00:00 to 00:04:59, and the rest can be deduced by analogy.
1.5 Failed Request
The Service deems any request with an error code of "Internal Error" as a Failed Request, excluding any of the following requests:
(1) Abnormal API responses caused by a fault with Tencent Cloud LLM Service TokenHub shall be treated as internal errors. Internal errors are identifiable by the service error return code, with HTTP status code 500 returned by the Tencent Cloud LLM Service TokenHub service serving as the identifying marker. API request errors caused by network faults, incorrect request parameters submitted by the user (for example, invalid request parameters or invalid URLs), or other issues attributable to the user do not constitute internal errors.
(2) Requests that fail (with an error code of: internal error) because the number of requests per second (QPS) exceeds the limits of the Tencent Cloud LLM Service TokenHub service as a result of an inappropriate access pattern.
(3) Failed requests or service unavailability caused by a reasonable upgrade, change or scheduled downtime initiated by Tencent Cloud LLM Service TokenHub.
1.6 Valid Request
Any request received by the server end of the Face Recognition Service is deemed as a Valid Request, excluding any of the following requests:
(1) any request that is sent without subscription to or authorization of the Service, that fails the authentication, or that is sent with overdue fees or with incorrect keys.
(2) any request sent by the customer's application suffering attacks by hackers.
1.7 Error Rate Per 5 Minutes
Error Rate Per 5 Minutes = (Count of Failed Requests per 5 minutes / Count of all requests per 5 minutes) * 100%
1.8 Monthly Service Fee
Monthly Service Fee: means the total service fee paid by the customer for using the Face Recognition Service within a calendar month. If the customer has paid service fees for multiple months in a lump sum, the Monthly Service Fee will be calculated by dividing the service fees by the number of the months the customer paid for.
2. Service Availability
2.1 Calculation of Service Success Rate
The Service Availability of the Service is calculated on the basis of Service Months. The average of the Error Rate Per 5 Minutes is calculated by dividing the sum of Error Rate Per 5 Minutes within a Service Month by the total number of 5-minute periods in that Service Month, from which the Service Availability is then derived, i.e.,
Service Availability = (1 – The sum of Error Rate Per 5 Minutes in a Service Month / The total number of 5-minute periods in that Service Month) * 100%.
Note:
The total number of 5-minute periods in a Service Month = 12 24 number of days in that Service Month
2.2 Service Indicator Standard
The Service Availability of the Service provided by Tencent Cloud will be no less than 99.5%. You are entitled to the compensation as set forth in Section 3 of this Agreement if the Service Availability fails to meet the aforementioned standard (other than in any circumstance as provided in the Release of Liabilities provisions).
2.3 AI Model-Level Availability.
You acknowledge and agree that:
(1) service availability commitments may differ materially between individual AI Models available through the Service, and Tencent's ability to meet availability commitments in respect of Third-Party AI Models is dependent on the performance and availability of the relevant AI Model Provider;
(2) where you use the Service in Auto Mode, the availability commitment applicable to a given User Input will be that of the AI Model selected by the Service to process that User Input;
(3) the availability commitment in clause 2 applies to the LLM Service TokenHub Platform infrastructure and API layer. Availability of individual AI Models within the Service may be subject to separate AI Model-specific availability terms as published on the LLM Service TokenHub Platform.
3. Compensation Plan
In respect of the Service, if the Service Availability is lower than 99.5%, you will be entitled to compensations in accordance with the following terms:
3.1 Compensation Standards
(1) Compensations will be made in the form of voucher by Tencent Cloud, and you should follow the rules for using the voucher (including, among others, the valid term; for details, please refer to the relevant rules of voucher published on Tencent Cloud's official website). You cannot redeem such voucher for cash or request to issue an invoice for such voucher. Such voucher can only be used to purchase the Service by using your Tencent Cloud account. 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 Availability in a Service Month fails to meet the abovementioned standard, the amount of compensation shall be calculated for such Service Month independently, and the aggregate amount shall be no more than the applicable Monthly Service Fee paid by you for such Service Month (the Monthly Service Fee referred to herein shall exclude the portion deducted by a voucher or promotional coupon, due to discounted service fee or otherwise deducted).
|
Less than 99.5% but is or higher than 99.0% | 10% of the Monthly Service Fee |
Less than 99.0% but is or higher than 95% | 25% of the Monthly Service Fee |
Less than 95.0% | 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 support 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 applicable Service Month in which the Service Availability fails to meet the abovementioned 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 Materials For Claim
If you believe that the Service does not meet the Service Availability Standard, you may initiate a claim for compensation within the time limit set forth in this Agreement. Your claim must be accompanied by:
(1) The AppID and UIN used by your business.
(2) The specific time period when your service was unavailable, accurate to the minute.
4. Exceptions to the Application of this SLA
Where you access the Service through a public beta, closed beta or invitation-based trial, or use the Service on a free-of-charge basis or within a free usage allowance, Tencent Cloud will provide the Service in accordance with the functionality described in the applicable product documentation; however, Tencent Cloud makes no warranty or commitment in respect of service availability or service success rate in such circumstances. The availability standards and compensation provisions of this SLA shall not apply in those scenarios.
5. Release of Liabilities
Service unavailability attributable to any of the following causes shall not be counted towards the calculation of service unavailability, shall not give rise to any right to compensation under this Agreement, and Tencent Cloud shall bear no liability to you in respect thereof:
5.1 Service Unavailability due to system maintenance caused by Tencent Cloud after notifying you in advance, including cutover, repair, upgrade and simulated failure drills.
5.2 Service Unavailability due to network, equipment failure or configuration adjustment other than any Tencent Cloud equipment.
5.3 Service Unavailability due to attacks on your application interface or data or other improper behavior.
5.4 Service Unavailability due to loss or leakage of data, passwords, etc. due to improper maintenance or confidentiality.
5.5 Service Unavailability due to your negligent authorization, erroneous operation, your own equipment or third-party software and equipment.
5.6 Service Unavailability due to your failure to follow Tencent Cloud product usage documentation or usage recommendations.
5.7 Service Unavailability due to the use exceeding the service capacity limit of the current version.
5.8 Service unavailability or failure to meet service standards caused by software installed by you or other third-party software or configurations not directly operated by Tencent Cloud.
5.9 unavailability or service performance not meeting standards due to force majeure (as defined in Tencent Cloud Terms of Service) or reasons not attributable to Tencent Cloud;
5.10 unavailability caused by the following circumstances:
(1) Changes in fundamental telecommunications resources, including but not limited to technical adjustments by telecommunications authorities, installation/modification/maintenance of telecom or power network resources by telecom/power departments, or damage to telecom/power lines;
(2) Monitoring and control measures imposed by governmental authorities or telecom operators;
(3) Public network congestion, performance degradation, or hacker activities;
(4) Other circumstances not attributable to Tencent Cloud's fault, or situations beyond Tencent Cloud's control or reasonable foresight;
5.11 Service suspension or termination due to your failure to purchase or pay for the Service in accordance with the Agreement;
5.13 any temporary service interruption arising from routine maintenance and upgrade to the Service by Tencent Cloud as described in the Tencent Cloud Terms of Service; 5.14 Service Unavailability or failure to meet the service standard due to reasons not attributable to Tencent Cloud.
5.15 Service Unavailability during the period of free provision.
5.16 any situation where Tencent Cloud is released from liability or compensation as described in applicable laws and regulations, relevant agreements (including Tencent Cloud Terms of Service and any other agreements referenced herein), or rules published by Tencent Cloud (including the service descriptions, pricing, and terms displayed on the official website or usage documents that you have accepted during the purchase or use of the Service). 6. Miscellaneous
6.1 You confirm and acknowledge that in no event shall Tencent Cloud's liability for breach of contract compensation exceed the total service fees you have paid for the applicable service where you suffer losses due to Tencent Cloud's breach during your use of this Service. Should the service period exceed 12 Service Months, Tencent Cloud's maximum compensation liability shall not exceed the total fees paid by you for this Service in the 12 Service Months preceding the occurrence of the loss (for the avoidance of doubt, such fees refer exclusively to actual cash amounts paid for Service usage, excluding vouchers, gift certificates, prepaid but unconsumed fees, or similar instruments)
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 Service. 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.