To use the Tencent Cloud Code Analysis (“TCA”) Service (the “Service(s)”), you shall read and comply with this Tencent Cloud Code Analysis Service Level Agreement (the “Agreement” or the “SLA”) and the Tencent Cloud Service Agreement. This Agreement contains the terms and definitions of the Service, 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 Service unless you have 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 Tencent Cloud Code Analysis Service
The Service provided by Tencent Cloud refers to the code analysis services, which include Code Quality, SAST(Static Application Security Testing), SCA(Software Composition Analysis), and more. These services are designed to identify risks in code or binary artifacts, including security vulnerabilities, quality issues, violations of coding standards, and problematic software components. The specific details are subject to the Service you purchase and the Service content provided by Tencent Cloud.
1.2 Monthly Service Fee
“Monthly Service Fee” refers to the total amount of service fee actually consumed by you in a Service Month. If you purchase multiple prepaid packages at one time, the Monthly Service Fee will be based on the actual consumption in the Service Month, excluding the purchased but unconsumed portion. If you purchase an annual subscription, the Monthly Service Fee is calculated by averaging the annual fee to each month.
1.3 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.
1.4 Failed Requests
Requests that return a “Internal Error” or “Service Unavailable” error code are considered “Failed Requests”, excluding the following:
(1) Requests that fail because they exceed the Service’s QPS ( Queries per second) limit due to an inappropriate access mode.
(2) Errors or unavailability resulting from scheduled maintenance, upgrades, or changes performed by the Service.
1.5 Service Unavailable Minutes within the Service Month
Service Unavailability is measured in 5-minute intervals. A given 5-minute interval is counted as “Service Unavailable Minutes” only if the following conditions are met:
(1) You made at least one request to the Services via the API during the interval.
(2) All of your requests during that interval returned as Failed Requests.
If either of these conditions is not met, meaning you had no requests, or at least one request was successful, the service is deemed available for that entire 5-minute interval, and it will not be counted toward the total “Service Unavailable Minutes” for the month.
The sum of all 5-minute intervals classified as “Service Unavailable Minutes” within a calendar month constitutes the “Service Unavailable Minutes within the Service Month”.
1.6 Total Service Minutes within the Service Month
“Total Service Minutes within the Service Month” is calculated as number of days in the Service Month × 24 (hours) ×60 (minutes).
2. Service Availability
2.1 Calculation of Service Availability
“Service Availability” is calculated based on a single instance as follows: “Service Availability” = (1- Service Unavailable Minutes within the Service Month/Total Service Minutes within the Service Month ) ×100%.
2.2 Service Availability Standard
The Service Availability of the Service provided by Tencent Cloud shall not be less than 99.5% (“Service Availability Standard”). If the Service Availability Standard is not met (excluding cases covered by disclaimers), you shall be entitled to compensation in accordance with Article 3 of this Agreement.
3. Compensation Plan
For the Service, if the Service Availability is lower than the Service Availability Standard, you shall be entitled to compensation as per the following terms:
3.1 Compensation Standard
(1) Compensation will be provided in the form of vouchers issued by Tencent Cloud, and you must comply with vouchers usage rules (including usage period, etc., subject to the voucher-related rules published on the website of Tencent Cloud). The vouchers issued cannot be exchanged for cash, or be accompanied by invoices. Such vouchers can only be used to purchase the Service through your corresponding Tencent Cloud account, and cannot be used to purchase other services provided by Tencent Cloud. The vouchers cannot be transferred or gifted, etc.
(2) If the Service Availability Standard of the Service in this Agreement is not met in a Service Month, the compensation will be calculated separately according to the corresponding Service Month, and the total amount of compensation shall not exceed the corresponding monthly service fee paid by you for the Services for the respective Service Month(the monthly service fee here refers to the actual cash amount paid by you, excluding the fees deducted by vouchers, coupons, service fee reductions, etc.).
|
Less than 99.5% but equal to or higher than 99% | 10% of Monthly Service Fee |
Less than 99% but equal to or higher than 95% | 25% of Monthly Service Fee |
| 50% of Monthly Service Fee |
3.2 Time Limit for Claims
(1) If the Service Availability Standard is not met in a Service Month, you may claim for compensation through the work order system of your corresponding account after the fifth (5th) business day of the month following the end of the corresponding Service Month in which the Service Availability Standard is not met. Tencent Cloud will conduct verification after you have filed the claim for compensation. In case of a dispute between the parties regarding the calculation of the Service Availability in the Service Month, both parties agree that Tencent Cloud’s backend records shall ultimately prevail.
(2) The latest deadline for you to file a claim for compensation shall not exceed sixty (60) calendar days after the end of the corresponding Service Month that the Service Availability Standard is not met. If you fail to file a claim for compensation within the aforesaid period, or file a claim after the aforesaid period, or file a claim in a manner other than that agreed in this Agreement, it shall be deemed that you have automatically waived your right to demand compensation and any other claims against Tencent Cloud, and Tencent Cloud reserves the right to decline your claim for compensation and shall not be liable for any compensation or indemnification to you.
3.3 Materials for Claims
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 for compensation must be accompanied by at least the following information:
1. AppID and UIN used by your business.
2. Unavailable time of your business, accurate to the minute.
4. Disclaimer
For Service Unavailability caused by the following reasons, the corresponding Service Unavailability time does not fall within the scope of the calculation of Service Unavailability and Tencent Cloud’s compensation, and Tencent Cloud shall not be responsible for you:
4.1 Service Unavailability due to system maintenance caused by Tencent Cloud after notifying you in advance, including cutover, repair, upgrade and simulated failure drills.
4.2 Service Unavailability due to network, equipment failure or configuration adjustment other than any Tencent Cloud equipment.
4.3 Service Unavailability due to attacks on your application interface or data or other improper behavior.
4.4 Service Unavailability due to the unavailability of resources connected to or utilized by the Service, including user code repositories, third-party repositories, analysis nodes, or custom tools, which results in analysis failures or prolonged blocking.
4.5 Service Unavailability due to your account/team suspension for content violations or other reasons.
4.6 Service Unavailability due to loss or leakage of data, passwords, etc. due to improper maintenance or confidentiality.
4.7 Service Unavailability due to your negligent authorization, erroneous operation, your own equipment or third-party software and equipment.
4.8 Service Unavailability due to your failure to follow Tencent Cloud product usage documentation or usage recommendations.
4.9 Service Unavailability due to the use exceeding the service capacity limit of the current version.
4.10 Service Unavailability or failure to meet the service standard due to reasons not attributable to Tencent Cloud.
4.11 Service Unavailability during the period of free provision.
4.12 The circumstances described in relevant laws and regulations, related agreements, applicable rules, or relevant rules and instructions separately issued by Tencent Cloud that Tencent Cloud can exempt from any liability or release of compensation liability.
5. Miscellaneous
5.1 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).
5.2 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.
5.3 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.