Service Agreement

Kingsoft Cloud Media Cloud Transcoder (KMCT) Service Agreement

Thank you for choosing Kingsoft Cloud Media Cloud Transcoder (KMCT) service (hereinafter referred to as the “Service”). You are advised to carefully read and fully understand the terms and conditions of this Service Agreement (hereinafter referred to as the “Agreement”). The Agreement is a supplement to the Agreement of Kingsoft Cloud Services that you accepted when purchasing Kingsoft Cloud services. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of other agreements that you have signed with Kingsoft Cloud, the provisions of this Agreement shall prevail.

I. Definition

1. Kingsoft Cloud Media Cloud Transcoder or its abbreviation “KMCT” refers to the cloud-based video and audio transcoding service constructed by Kingsoft Cloud and/or its associates (hereinafter referred to as “Kingsoft Cloud”) based on the cloud computing services of Kingsoft Cloud. The Service includes video-on-demand (VoD) transcoding, live transcoding, and value-added services for VoD or live streaming. The Service uses economical, elastic, and highly scalable transcoding methods to convert video and audio data of users into formats suitable for playback on smartphones, tablets, PCs, or TVs. The value-added services include screenshot capture, clipping, watermarking, carousel, stream selection, etc. For more information about the features of the Service, see related documentation on the official website of Kingsoft Cloud.
2. The “management console” refers to the online platform operated by Kingsoft Cloud where you can activate, manage, and maintain online cloud resources through the APIs for services such as Kingsoft Cloud Elastic Compute (KEC), Kingsoft Cloud Standard Storage Service (KS3), and KMCT.
3. A “console management account” or “account” refers to the user account that you obtained when you signed up for the Service or other products or services of Kingsoft Cloud. You can access the Service through this account.

II. Service fees

1. Kingsoft Cloud charges you for the Service according to the pricing system and billing rules published on Kingsoft Cloud’s official website or otherwise specified in a written agreement signed by the you and Kingsoft Cloud. You can choose the type of services to purchase as you wish.
2. Pricing system and billing rules of the Service
   (1) The pricing system ( including the specific prices and charging modes) and billing rules for the Service shall be published on the official website of Kingsoft Cloud (www.ksyun.com). Kingsoft Cloud shall make charges and provide monthly bills according to the effective pricing system published on the official website.
   (2) Some features of the Service may be still in public preview. Kingsoft Cloud shall not charge for usage of features in public preview. However, this does not exclude the possibility that Kingsoft Cloud may charge for the usage of such features after the features come into commercial operation. Before imposing charges for such features, Kingsoft Cloud shall post a public notice on the charges on its official website. You are entitled to choose to continue using the Service and be charged therefor, or stop using the Service.
3. The Service supports the postpaid method. The billing cycle is a calendar month, starting from 00:00:00 on the first day of the month to 24:00:00 on the last day of the same month. If you have used the KMCT Service for less than a billing cycle, you will be charged for your actual service usage in the billing cycle in Pay-As-You-Go mode. Kingsoft Cloud will send you the monthly bill of the last billing cycle within the first three working days of the current billing cycle. You must check the bill within three working days after Kingsoft Cloud sends it to you. If you do not file a written objection against the bill amount within 3 working days after Kingsoft Cloud sends you the bill, you are consider having checked the bill and confirmed the bill amount. If you file a written objection to Kingsoft Cloud within three working days after Kingsoft Cloud sends you the bill, Kingsoft Cloud will work with you to reach a reasonable solution. If the objection is resolved within five working days after Kingsoft Cloud sends you the bill, you shall pay the bill based on the amount confirmed by both parities. Account checking is considered completed after both parties have reached consensus on the bill amount.
   You must pay your monthly bill within 5 days after confirmation. If you fail to pay your bill before the due date, Kingsoft Cloud is entitled to suspend your Service immediately. If your bill is overdue for more than 30 days, Kingsoft Cloud is entitled to terminate your Service immediately, request you to pay for the services that Kingsoft Cloud has already provided to you, and claim compensation from you for all losses thereby caused to Kingsoft Cloud.
4. You fully understand that all the rewarded service items (if any) and promotions (if any) in the Kingsoft Cloud pricing system are one-off discounts to the standard service prices. A discount does not cover the charges for the modification, update, or maintenance of the service to which it applies, and the rewarded service item cannot be converted into a monetary value to offset the standard service fees.
5. You fully understand and agree that Kingsoft Cloud reserves the right to make modifications to its pricing system, payment deadline, payment methods, and other related items at any time. Kingsoft Cloud shall post public notices about such modifications on its official website. You are advised to check the official website of Kingsoft Cloud on a regular basis for related information.

III. Your rights and obligations

1. You agree to be bound by the terms and conditions of this Agreement and other management rules and processes listed on the webpages of the Service. You are aware that the provisions of this Agreement and of the aforementioned management rules and processes are subject to changes from time to time. Should there be any changes to the provisions of the Agreement, Kingsoft Cloud is obligated to post a notice about the changes on www.ksyun.com at a proper location 30 days before the changes take effect. If you disagree with the changes made by Kingsoft Cloud to the provisions of this Agreement, you are entitled to stop using Kingsoft Cloud service. When this happens, you should migrate your business data out of Kingsoft Cloud and settle your bills with Kingsoft Cloud. If you continue using Kingsoft Cloud service and do not actively cancel any service under the Agreement within 15 days after the notice is posted, you are deemed having accepted the changes made to the provisions of this Agreement.

2. If you obtain the Service under this Agreement in mainland China (in regions other than Hong Kong S.A.R, Macao S.A.R, and Taiwan) and encounter a service fault, you can contact Kingsoft Cloud technical support through instant messaging tools or the customer service hotline.

3. When using the Service, you shall abide by the provisions of national laws, regulations, and rules, the terms, conditions and service agreements of Kingsoft Cloud, and the provisions of the Liability Statement on the Access Security for Information Source Network.

4. You promise not to use the Service to conduct any activities that may violate laws or regulations, undermine cyber security, or jeopardize the lawful rights or interests of others, including but not limited to the following activities:
   (1) Opposing the basic principles established by the Constitution of the People’s Republic of China;
   (2) Subverting state power and undermining national unity, sovereignty, and territorial integrity;
   (3) Leaking state secrets, endangering national security, or damaging the honors and interests of the state;
   (4) Inciting ethnic hatred or ethnic discrimination, undermining ethnic unity, or bringing harms to ethnic customs and habits;
   (5) Undermining national religious policies and promoting cults and superstitions;
   (6) Spreading rumors, disturbing social order, or undermining social stability;
   (7) Spreading obscenity, pornography, gambling, violence, homicide, or terror, or instigating others to commit crimes;
   (8) Insulting or slandering others, or infringing upon the lawful rights and interests of others;
   (9) Endangering social morality or the excellent cultural traditions of the nation;
   (10) Providing any content that is illegal, harmful, intimidating, abusive, harassing, infringing, slanderous, vulgar, obscene, defamatory, infringing on the privacy of others, harmful or racially discriminatory, or morally unpleasant;
   (11) Endangering juveniles in any way;
   (12) Infringing any patent, trademark, trade secret, copyright, or other proprietary rights of anyone;
   (13) Causing damage to Kingsoft Cloud, or conducting activities that Kingsoft Cloud deems as harmful or inappropriate;
   (14) Providing other content prohibited by laws and administrative regulations.

5. If you violate any prohibitive provisions of this Agreement, including but not limited to those stipulated in Articles 3 and 4, Kingsoft Cloud is entitled to adopt relevant measures depending on the degree of the violation, such as freezing or suspending the Service, or terminating the Service and removing all your information. You shall bear all responsibilities arising therefrom, and, in the case where damages are caused to Kingsoft Cloud or to other users, you shall bear all the liabilities for compensation.

6. If you use the Service for business or non-business activities, you must obtain relevant permits or approval in a timely manner in accordance with relevant national laws and regulations. Kingsoft Cloud is not liable for reviewing such permits or approvals. However, Kingsoft Cloud is entitled to suspend or terminate the Service to you once discovering that you have violated this provision. You shall be held liable for any losses caused to Kingsoft Cloud or any other third parties arising from your failure to obtain relevant permits or approvals.

7. You shall not install or use pirated software on the Service. Kingsoft Cloud has the right to suspend or terminate the Service to you once discovering that you have violated this provision. You shall be held liable for any losses caused to Kingsoft Cloud or any other third party arising from your usage of pirated software.

8. You are responsible for safekeeping your accounts, passwords, and other data related to the Service. You shall bear any losses and consequences arising from the leakage or loss of the accounts, passwords, or other data related to the Service caused by your own reasons.

9. If you willingly cancel the Service, you are responsible for the backup and migration of content related to the Service. Once the Service is canceled, all your content related to the Service, including but not limited to the user data stored online, will be deleted automatically.

IV. Kingsoft Cloud’s rights and obligations

1. Kingsoft Cloud provides the Service, which includes but is not limited to features such as file transcoding, screenshot capture, clipping, watermarking, carousel, and stream selection, as per user instructions (including but not limited to user operations on the management console after login using the account and password) in accordance with national laws, regulations and policies.
2. The Service only provides the features for you to use. Kingsoft Cloud neither participates in the development, testing, operation, or distribution of your video, audio, or live streaming content, nor makes any edit or modification to your video, audio, or live streaming content.
3. Kingsoft Cloud has neither the capability nor the obligation to inspect, control, or manage the source, ownership, or legitimacy of your video, audio, and other files. You should determine the legitimacy and validity of your files at your own discretion.
4. Kingsoft Cloud shall not be involved in any legal relationship or legal dispute concerning your files, including ownership confirmation or usage authorization. Kingsoft Cloud does not participate in your activities in any form and refuses to bear any responsibilities arising from your activities.
5. You are responsible for any risks arising from the transcoding of files by using the Service. Kingsoft Cloud does not offer any guarantee for your actions.
6. Kingsoft Cloud shall provide the Service to you in accordance with this Agreement and the terms and conditions detailed on Kingsoft Cloud’s official website. The service standards are defined in KMCT Service Level Agreement (SLA).
7. Kingsoft Cloud has the right to deliver information, including notices, reminders, and advertisement, about the Service to users in the form of webpage bulletins, webpage prompts, emails, and/or SMS messages.
8. Kingsoft Cloud is entitled to stop providing the Service under this Agreement without notification in any of the following circumstances and dose not bear responsibility for any inconvenience or damage thereby caused to any users or third parties:
   (1) Regular inspection or construction, software or hardware update, etc.
   (2) Server failure caused by damage;
   (3) Sudden failure of the software, hardware, or electronic communication device;
   (4) Cable faults or other faults caused by the network provider;
   (5) Protection of national security or the safety of other users or third parties in case of emergency;
   (6) Violation of the provisions of this Agreement by you and/or the end users;
   (7) Force majeure or other reasons unrelated to either you or Kingsoft Cloud.

V. Intellectual Properties

Kingsoft Cloud owns the intellectual property rights to the Service and related technical documentation provided to you. System software or applications may contain third-party software. You shall not use, modify, replicate, spread, reproduce, release, or publish any part of the foregoing content without the written consent from Kingsoft Cloud.

VI. Force Majeure

1. In case that the fulfillment of the provisions of this Agreement is rendered impossible, unnecessary, or meaningless by a force majeure event or other accidents, the party suffering the force majeure event or accidents is not held liable.
2. A force majeure event or an accident is an objective event that is unpredictable, insurmountable, and unavoidable and has a significant impact on one or both of the parties, including but not limited to natural disasters such as floods, earthquakes, and pandemics, and social events such as wars, riots, governmental actions, interruption of telecommunications trunk lines, hacker attacks, network congestion, technological adjustment by telecom departments, as well as governmental regulation.

VII. Miscellaneous

1. If you have any comments or suggestions about any part of the Service or this Agreement, please feel free to contact the customer service of Kingsoft Cloud.
2. Customer service hotline: 400-028-9900.