HUAWEI CLOUD Competition Platform Service Agreement

Service Contents

1.1 Unless otherwise specified in this Agreement or you have another written agreement with HUAWEI CLOUD regarding the HUAWEI CLOUD Competition Platform, HUAWEI CLOUD Services include but are not limited to the following:

(1) AI Competition

(a) Datasets for you to participate in the Competition

(b) Granting or refusing the authorization for you to use the datasets based on the specific schedule and participation of the Competition. If you are authorized, you shall conduct the Competition in accordance with the rules formulated for the platform holding the full datasets

(c) Competition environment and related technical support

(d) Other services related to the Competition.

(2) Datasets

(a) Datasets that can be downloaded for non-commercial scientific research or classroom teaching purposes

(b) Granting or refusing the authorization for you to use the datasets. If you are authorized, you can download and use the datasets on the HUAWEI CLOUD Competition Platform (https://competition.huaweicloud.com/intl/en-us/developer2022.html[s1] [w(2]  or other authorized platforms to carry out scientific research projects, and you shall comply with the dataset usage rules formulated for the HUAWEI CLOUD Competition Platform or other authorized platforms

(c) Other services related to the datasets

(3) Platform for communication

(a) Text, pictures, code release, and communication services

(b) Communication communities/forums

Usage Rules

2.1 Both parties ("You" and "HUAWEI CLOUD") agree that this Agreement shall be governed by the HUAWEI CLOUD Customer Agreement that you have accepted, including the referenced Acceptable Use Policy, Site Terms, Privacy Statement, and other agreements and regulations (hereinafter collectively, "HUAWEI CLOUD Service Agreements") published on the HUAWEI CLOUD official website. Valid forms of acceptance include but are not limited to you and HUAWEI CLOUD signing and stamping the HUAWEI CLOUD Customer Agreement, or you clicking to accept the HUAWEI CLOUD Customer Agreement when you purchase HUAWEI CLOUD services.

2.2 You must provide accurate, authentic, and complete personal information as required when signing up the Competition. If a sign-up fails due to incorrect or incomplete personal information provided by you, you shall be liable for any associated consequences.

2.3 You shall be responsible for the confidentiality and use of your HUAWEI CLOUD account and agree not to transfer or resell your right to use or access to HUAWEI CLOUD services to any third party. You shall bear full responsibility for the use of and, if relevant, the loss of your username and password. If you have reasons to believe that your account has been subject to unauthorized use or is no longer secure, you must immediately notify us of the problem, and you shall agree and acknowledge that HUAWEI CLOUD is not liable for any direct or indirect losses or damages unless account theft is caused by HUAWEI CLOUD.

2.4 You warrant and undertake that your solution for the Competition is original and you are the only and exclusive owner of the solution. No third party will claim ownership of the solution or have dispute over the ownership. You have the right to freely and unconditionally submit your solution, grant necessary authorization, and/or agree and enter into any agreement to assign any rights (including but not limited to intellectual property rights) in connection with or arising from the Competition, and sign all documents necessary to give effect to this clause and/or the foregoing. You shall warrant that the solution you submit does not (1) infringe upon any ownership, intellectual property rights, industrial property rights, personal rights, moral rights, or any other rights of third parties, including but not limited to copyrights, trademarks, patents, trade secrets, or confidentiality; (2) breach any provision of this clause and/or; (3) violate the relevant laws or applicable laws.

2.5 You warrant and undertake that you have the legal intellectual property rights or authorization for the code, algorithms, models, data, materials, and documents uploaded or published on the HUAWEI CLOUD Competition Platform. If the rights to such content are disputed or if they infringe upon the legal rights and interests of any third party, HUAWEI CLOUD does not assume any responsibility. You shall ensure that there are no problems or potential risks that may hinder your participation in the Competition. The competition organizer reserves the right to entrust a third party with the investigation. If any of your information is found to be inaccurate or illegal, you shall agree that competition organizers shall be entitled to suspend, cease, or disqualify you from the Competition at any time, and reserve the right to take legal actions against you. If any loss is caused, you shall reimburse the competition organizers, Competition, or any third party.

2.6 The HUAWEI CLOUD Competition Platform does not support data backup. You shall understand and agree that data backup and storage are solely your obligations, but not HUAWEI CLOUD's, and that HUAWEI CLOUD does not take any responsibility and/or liability for your data backup and storage. You shall agree and understand that HUAWEI CLOUD will delete all algorithms, models, and data generated or used during the Competition or project from the HUAWEI CLOUD Competition Platform after the Competition or project ends.

2.7 In order for the competition organizers to authorize your access, download, and use of datasets, you warrant and undertake to (1): use the datasets only for non-commercial scientific research or classroom teaching purposes but not for any commercial purpose; (2) be solely liable for compensation if your use of datasets causes any reputation damage or financial losses; (3) agree that the HUAWEI CLOUD Competition Platform has the right to cancel or withdraw the authorization for you to use datasets at any time and to request you to delete any downloaded datasets.

2.8 In order to protect other users' legitimate rights and interests, HUAWEI CLOUD has the right to disqualify you from the Competition if any abnormalities are detected in your sign-up process.

2.9 In the absence of authorization from HUAWEI CLOUD, you are prohibited from setting up any mirror of the HUAWEI CLOUD Competition Platform.

2.10 HUAWEI CLOUD provides you with high-quality services based on the current status and functions of the platform but cannot ensure that the services are not interrupted or are without errors. You shall agree to use such services at your own risk.

2.11 You warrant that you will participate in the Competition in accordance with the Competition schedule, timetable, and rules, and shall not quit the Competition without any reason. Otherwise, competition organizers have the right to cancel, suspend, or terminate your qualification for the Competition, and reserves the right to take legal action against you if you quit the Competition without any reason or perform any behavior that damages the Competition or the competition organizers. If the Competition is cancelled or delayed, relevant information will be published on the Competition sign-up page, and the actual Competition time and schedule are subject to the information published on the Competition sign-up page. Unless HUAWEI CLOUD or competition organizers are obviously at fault, HUAWEI CLOUD and competition organizers do not need to pay compensation for the cancellation or delay of the Competition.

2.12 You agree to authorize HUAWEI CLOUD and competition organizers to send or recommend the Competition information, HUAWEI CLOUD product/service information, and the business regarding the competition organizers to you using the contact information (including the email, mobile phone, fixed-line phone, or other means) you provided. The competition organizer information is subject to the latest information published on the competition sign-up page.

2.13 You shall agree, allow, and promise to cooperate with competition organizers to take photos and record audio and video content of you during the Competition. Competition organizers shall own the copyright of such photos and other media content, and can use them for competition promotion.

2.14 You understand that competition organizers may need you to sign or agree to new agreements or rules at different phases of the Competition. You have the right to refuse to sign them as to give up the Competition promotion and your Competition qualification. HUAWEI CLOUD does not assume any compensation for this. Competition organizers can choose other users to fill in the Competition vacancy and qualification.

2.15 You have carefully reviewed the rules of the Competition and agreed to abide by the rules and regulations formulated by competition organizers. You shall respect and accept the judgments made by the judges and the decisions made by the competition organizers.

2.16 You understand and agree that competition organizers do not have to select you to participate in the Competition even if you are qualified.

2.17 You promise that you will not offer or agree to offer any form of remuneration to any competition organizer, other partners of the Competition, or their staff to acquire qualification for participating in the Competition, promotion, or awarding, or bribe competition organizers and their staff. You warrant that you will not accept or agree to accept any form of remuneration and advertise any product or service during the Competition, or use items with advertising intentions.

Intellectual Property Rights (IPR)

3.1 IPR (including but not limited to trademarks, patents, and copyrights) of any and all content regarding the HUAWEI CLOUD Competition Platform, including but not limited to data, images, archives, information, materials, website architecture, website image layout, and web page design, shall vest in and be owned by HUAWEI CLOUD and/or third-party rights holders. Without the written consent of HUAWEI CLOUD and/or third-party rights holders, you shall not use, modify, copy, spread, or release the content above. You shall not use, publish, or duplicate the names, trademarks, or brands of competition organizers and the HUAWEI CLOUD Competition Platform for any marketing, advertising, promotion, or other purposes.

3.2 Unless otherwise specified, the IPR of achievements (including but not limited to algorithms, data, and design solutions) that you independently develop during the Competition shall vest in and be owned by you. You agree to grant HUAWEI CLOUD and/or its affiliates the right to use any and all of the aforementioned achievements and related source code (if any) globally, indefinitely, without restriction, including licensing, reproducing, distributing, publicly performing, publicly showcasing, broadcasting, delivering, translating, editing, adapting and creating derivative works from the solution and/or exercising any other rights permitted by law. New achievements and benefits delivered by HUAWEI CLOUD from the achievements (if any) are owned by HUAWEI CLOUD and/or its affiliates. IPR for the new achievements shall be vested in HUAWEI CLOUD and its affiliates. In case HUAWEI CLOUD and its affiliates desire to acquire the complete IPR of your aforementioned research results, you agree that HUAWEI CLOUD has the preemptive right of purchase under the same conditions. Both parties can negotiate and sign a supplementary agreement regarding the purchase.

3.3 IPR issues that are not mentioned in this Agreement shall be subject to the agreements, rules, and statements published on the HUAWEI CLOUD Competition Platform. If you have any suggestions, visit https://competition.huaweicloud.com/intl/en-us/developer2022.html

3.4 You shall represent and warrant that the achievements or research results of the Competition do not infringe upon the legitimate rights and interests of any third parties. In case that there is any claim, action, demand, or suit against HUAWEI CLOUD and its affiliates brought by a third party, you shall bear any and all the liabilities and reimburse HUAWEI CLOUD for any and all costs and expenses incurred therefrom. In addition, HUAWEI CLOUD may immediately notify you of the termination of this Agreement.

3.5 Your responsibilities and obligations under this Article (3. Intellectual Property Rights (IPR)) shall remain in full force and effect and binding after the termination of this Agreement.

Confidentiality

4.1 "Confidential Information" shall mean any and all information disclosed or provided by HUAWEI CLOUD to users, including but not limited to data, algorithms (if any), models (if any), and code (if any), the information that users are aware of but not disclosed by HUAWEI CLOUD, and the information that HUAWEI CLOUD obtains from a third party but shall assume confidentiality obligations. In no event shall users disclose any Confidential Information to any third party. Users shall consciously protect the Confidential Information and take all necessary confidentiality measures, and shall not disclose the Confidential Information to the public or a third party.

4.2 HUAWEI CLOUD does not guarantee the authenticity, applicability, integrity, and reasonableness of the foregoing Confidential Information, and does not guarantee that the disclosed Confidential Information does not infringe upon the patent rights, trademark rights, copyrights, or other rights of third parties. HUAWEI CLOUD does not assume any responsibility for the use of the Confidential Information.

4.3 You represent and warrant that you shall use Confidential Information only in the territory and system designated by HUAWEI CLOUD and shall not copy or use the Confidential Information for any purpose other than as expressly authorized under this Agreement. You will not reverse engineer, decompile, or disassemble the Confidential Information, and in no event shall you disclose, disseminate, sell, transfer, or use the source code and potential information for any commercial purpose to any third party in any form. Upon the request of HUAWEI CLOUD for any reason, you will promptly return to HUAWEI CLOUD or destroy all Confidential Information of HUAWEI CLOUD along with all copies, summaries, and extracts thereof in your possession or under your control.

4.4 Your obligations under this Agreement shall be continuing until HUAWEI CLOUD agrees to rescind the obligations or the Confidential Information disclosed to you is no longer deemed confidential.

Personal Information Protection and Usage

5.1 HUAWEI CLOUD places great importance on the protection of your personal information. When you use services related to the HUAWEI CLOUD Competition Platform, you agree that HUAWEI CLOUD may collect, use, share, store, and protect your personal information in accordance with to the privacy statement published on the HUAWEI CLOUD official website. Your personal information may include but is not limited to your name, attendance time, phone number, email address, nationality, company name, job, position, company scale, and photos, audio, or video recordings of you at the Competition.

5.2 You shall agree that HUAWEI CLOUD can share your personal information on the competition sign-up page with competition organizers for your sign-up. HUAWEI CLOUD shall use your personal information to contact you about the Competition, and send or recommend you competition information and services initiated by the competition organizers that you may be interested in, as well as HUAWEI CLOUD competition promotion.

5.3 If you want to view or modify your personal information, you shall log in to the HUAWEI CLOUD Competition Platform. If you want to delete your personal information, you shall log in to the HUAWEI CLOUD official website to deregister your account.

5.4 HUAWEI CLOUD shall provide you with any notice under this Agreement by posting a notice on the HUAWEI CLOUD website or sending emails, private messages, or SMS messages. Such notice shall be deemed to be received on the day it is sent.

5.5 You shall send any notice to HUAWEI CLOUD under this Agreement by using the contact information (such as the communication address, fax number, and email address) officially released by HUAWEI CLOUD.

Indemnification

6.1 You shall be liable for any losses caused to HUAWEI CLOUD or third parties by any breach of relevant laws, regulations, or terms under this Agreement.

6.2 HUAWEI CLOUD's liabilities under this Agreement shall be limited to the losses caused by HUAWEI CLOUD. Due to factors such as computer viruses, network communication faults, and system maintenance, and possible force majeure events, HUAWEI CLOUD hereby expressly declares that we do not make any express or implied warranties for HUAWEI CLOUD services, including but not limited to the applicability, no errors or omissions, continuity, accuracy, reliability, and applicability for a particular purpose. HUAWEI CLOUD is not liable for any damage caused by any of the following situations, including but not limited to loss of profits, goodwill, use, data, or other intangible losses (regardless of whether HUAWEI CLOUD has been informed of the possibility of such damage):

(1) Computer viruses, Trojans, malicious programs, or hacker attacks

(2) Possible network communication faults or system shutdowns for maintenance reasons

(3) Your improper operations

(4) Use of HUAWEI CLOUD services without authorization from HUAWEI CLOUD

(5) Other situations that are not caused by HUAWEI CLOUD, or cannot be controlled or reasonably foreseen by HUAWEI CLOUD

6.3 Under no circumstance shall HUAWEI CLOUD be liable for any indirect, consequential, disciplinary, incidental, special, or punitive damages, including the profit loss caused by the use of the HUAWEI CLOUD Competition Platform (even if HUAWEI CLOUD has been informed of the possibility of such losses).

Miscellaneous

7.1 HUAWEI CLOUD has the right to terminate this Agreement without notifying you in any of the following circumstances:

(1) The personal information you provided is found to be inaccurate, inauthentic, or incomplete.

(2) You violate your obligations under this Agreement.

(3) Your improper operations endanger HUAWEI CLOUD or third parties.

7.2 HUAWEI CLOUD has the right to update or make changes to the content of this Agreement based on the service development. Such updates or changes will take effect on the HUAWEI CLOUD official website. You can provide feedback or obtain the updated Agreement at https://competition.huaweicloud.com/intl/en-us/developer2022.html

7.3 Any contents not specified in this Agreement shall be subject to the HUAWEI CLOUD Service Agreements signed by you and HUAWEI CLOUD online.

7.4 The establishment, effectiveness, interpretation, and fulfillment of this Agreement, as well as the resolution of any associated disputes, shall be governed by the laws and regulations of the People's Republic of China (except the laws of Hong Kong SAR China, Taiwan (Province of China) and Macao SAR China). Any dispute arising out of or related to this Agreement shall be resolved through a friendly negotiation between both parties. If the negotiation fails, both parties agree to submit to the exclusive jurisdiction of the courts of Longgang District, Shenzhen, China for any actions or proceedings.

7.5 This Agreement is prepared in Chinese and English. In there is any conflict between the two language versions, the Chinese version shall prevail.