Service Specific Terms
These Service Specific Terms (“SST”) are an integral part of the Additional Terms that are incorporated by reference into the Agreement between the Customer and LumApps. All provisions of the Agreement shall apply to the Services listed in Schedule 1 of these Service Specific Terms (the “Specific Services”), save to the extent provided herein.
Unless otherwise provided, capitalized terms and expressions not defined herein shall have the meaning ascribed to them in the Agreement, including in the other documents that are part of the Additional Terms.
1. PRC SKU and PRC Applications
Additional definitions
1.1 The following definitions apply only for the purpose of the Section 1 of these Service Specific Terms:
“End-User” has the meaning ascribed to it in the Tencent Cloud Terms of Services;
“PRC” means the People’s Republic of China;
“PRC Applications” means any specific Applications made available specifically to Authorized Users located in PRC as further specified in Schedule 1 to these Service Specific Terms;
“PRC Services” means (i) the PRC SKU (ii) PRC Applications; and (iii) the Application to the extent that it is accessed and used by Authorized Users located in PRC;
“PRC SKU” means the Specific Services made available to the Customer to enable the use of the Application and PRC Applications by the Authorized Users located in PRC;
“PRC SKU Subscription Fee” means the Subscription Fee (as defined in the General Terms and Conditions) payable in consideration of the making available of the PRC SKU to the Customer;
“Tencent” means Tencent Cloud Computing (Beijing) Co., Ltd. and affiliated entities; and
“Tencent Cloud Terms of Services” means the so-called “Tencent Cloud Terms of Services”, as may be modified from time to time, with the understanding that, on the date hereof, such terms are available on the following website: https://www.tencentcloud.com/document/product/301/9248;
“Tencent Services” means the Services, as defined in the Tencent Cloud Terms of Services; and
“Third-Party Interference” means (i) any default by Tencent in the provision of Tencent Services; or (ii) any act or omission (including the withdrawal of any license or imposition of additional conditions or requirements) of any judicial authority, governmental body, infrastructure operator, or any other third-party that exercises a similar function in the PRC, that results in the disruption to the Tencent Services, in whole or in part.
Specific terms
1.2 Each Party may terminate the subscription to the PRC SKU (the “PRC SKU Subscription”) at any time by sending prior written notice to the other Party, it being specified that such notice shall set forth reasonable details as to the reason for such termination. Both Parties acknowledge and agree that the termination of the PRC SKU shall be effective upon receipt of the notice except if provided otherwise on such notice. Nevertheless, each Party shall use reasonable efforts to inform the other Party in advance of any circumstance that may reasonably be expected to result in such Party terminating the PRC SKU.
1.3 Notwithstanding anything to the contrary, the Customer shall in no event be entitled to terminate any Service provided pursuant to the Agreement (other than the PRC SKU), either under section 13.1 of the General Terms and Conditions or otherwise, as a direct or indirect result of any default of the PRC SKU.
1.4 In the event any Party terminates the PRC SKU Subscription in accordance with the article 1.2 of these Service Specific Terms, LumApps shall refund to the Customer the pro rata of the unused PRC SKU Subscription Fee paid by the Customer for the then ongoing subscription period.
1.5 LumApps shall only provide Support Services with respect to the PRC Services to the extent that LumApps reasonably determines that the relevant Incident is not caused by a Third-Party Interference.
1.6 For the purposes of the Service Level Agreement, the PRC Services shall not be considered Unavailable if LumApps reasonably determines that such Unavailability arises in connection with any Third-Party Interference.
1.7 The Customer shall be deemed an End-User under the Tencent Cloud Terms of Services and hereby undertakes to LumApps to comply with the provisions of Tencent Cloud Terms of Services applicable to End-Users at all times.
1.8 The Customer shall indemnify, defend and hold harmless LumApps and its affiliates from any and all losses, costs and expenses incurred or suffered thereby in connection with or arising out of any breach by the Customer (or any Authorized Users) of Tencent Cloud Terms of Services and/or any applicable law or regulation of PRC.
1.9 EXCEPT AS PROVIDED IN THESE SERVICE SPECIFIC TERMS, THE PRC SERVICES ARE PROVIDED ON AN “AS-IS” BASIS AND ANY WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW (INCLUDING FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY) ARE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDED.
SCHEDULE 1 – SPECIFIC SERVICES
A. The Specific Services are:
1. PRC SKU and the PRC Applications
B. The PRC Applications are:
1. [Intentionally Left Blank]
This list may be amended from time to time.