Privacy Policy and Terms of Service

The Tencent Marketing Cloud services referred to in these Marketing Cloud Terms (the "Service") are the services provided to you by Tencent Cloud, including the Customer Data Platform ("CDP"), Marketing Automation ("MA"), Fusion Analytics ("FA"), and Marketing Cloud AI, which utilise systematic methods to assist clients in managing, analysing and engaging with private-domain users, thereby enhancing operational efficiency and value. The specific services available are those that Tencent is able to provide from time to time, and you may select one or more services according to your requirements.

You acknowledge and agree that:

1.2.1. Tencent is a neutral technology service provider and provides the technical products and services of the Platform in accordance with this Agreement;

1.2.2. Tencent provides technical capabilities only and, unless expressly agreed otherwise, does not commit to any business metric resulting from your use of the products or services, including traffic, sales volume, conversion rate or user satisfaction;

1.2.3. you are solely responsible for (i) operating your websites, applications, software, platforms and other products, services and related content; (ii) obtaining and maintaining the licences, permits and qualifications required for your operations.

The Platform is delivered as an online service. You transmit your User Data to the Platform via data transmission methods supported by Tencent Cloud, enabling data collection and reporting, data management, agile data analysis, data dashboard configuration, membership management, audience segmentation and management, tag management, data modelling and forecasting, operational strategy and content management, experiment strategy configuration, advertising campaign configuration and delivery, marketing push notifications, and marketing intelligence. The specific content of the online services shall be subject to the service package you have subscribed to.

Access to the Platform requires a valid and active Tencent Cloud account ("Customer Account"). Customer Account registration, eligibility (including age eligibility), and account obligations are governed by the Terms of Service.

Following your purchase of the Service, Tencent Cloud may enable you to allocate or authorise individual sub-accounts under your Customer Account to permit your employees and other authorised personnel to access and use the Platform (each, a "User Account"). Unless otherwise stated, a user of a User Account is not required to register a separate Tencent Cloud account to access the Platform.

You are responsible for administering all User Accounts associated with your Customer Account, including granting, modifying and revoking access rights, and for ensuring that all users of those User Accounts comply with the Service Agreement. You are responsible for all acts and omissions carried out through your Customer Account and User Accounts as if they were your own acts and omissions. You must promptly revoke or disable a User Account if the relevant user is no longer authorised to access or use the Platform. Any suspension or termination of the Customer Account in accordance with the Service Agreement will automatically result in the corresponding suspension or termination of all User Accounts associated with that Customer Account. You agree that Tencent Cloud may also suspend or terminate an individual User Account in accordance with the Service Agreement without suspending or terminating the Customer Account.

3.1.1. Tencent Cloud may from time to time launch free trial services such as public beta tests and closed beta tests (each a "Free Service"). You may apply to access and use a Free Service on a voluntary basis, subject to the Service Agreement and any additional terms applicable to that Free Service.

3.1.2. Each Free Service is made available on a temporary basis. Tencent Cloud does not warrant the availability, continuity or reliability of any Free Service and may modify, suspend or withdraw any Free Service at its sole discretion and without prior notice. Tencent Cloud makes no representations regarding the availability or reliability of such Free Services and, to the extent permitted by law, shall not be liable for the consequences of your use of such Free Services.

3.1.3. Tencent Cloud reserves the right to charge fees for Free Services. Prior to charging any service fees, Tencent Cloud will notify you separately, and you may choose at your own discretion whether to pay for and use the service.

3.2.1. Tencent Cloud reserves the right to conduct marketing and promotional campaigns from time to time. During such campaigns, Tencent Cloud may offer promotional measures such as price discounts, service upgrades or complimentary offers.

3.2.2. Tencent Cloud does not guarantee that all customers will be able to participate in such campaigns or receive the promotional benefits. You acknowledge that each promotional offer is available for a limited period only and may be subject to additional conditions, including (without limitation) volume caps, per-customer purchase limits and eligibility criteria, as specified in the applicable campaign rules.

3.2.3. Tencent Cloud may determine the rules governing each campaign in its sole discretion. By participating in any campaign, you agree to be bound by the applicable campaign rules.

3.2.4. Unless expressly permitted by the campaign rules and relevant agreements, benefits received under a promotional campaign cannot be combined with other offers, nor transferred, nor claimed for repurchase by Tencent Cloud.

You shall comply with the terms of the Service Agreement, including the AI Service Terms and AUP in your use of the Services.

In addition to the restrictions in the Service Agreement, you shall not, and shall ensure that your End Users do not: (a) use the AI Functions or any AI Output to develop, train or improve any algorithm, model, system, product or service that competes with Tencent Cloud, the Service or any underlying AI Model without Tencent Cloud’s prior written consent; (b) scrape, crawl, extract or otherwise obtain AI Output or data generated by the AI Functions through any automated means not expressly authorised by Tencent Cloud; (c) lease, lend, sell, distribute, resell, transfer or otherwise provide any third party with access to the AI functions or any related API credential; or (d) access or use the AI Functions through bots, spiders, crawlers, traffic spamming software or any other method not designated or permitted by Tencent Cloud.

Where any of your End Users are, or may reasonably be expected to be, minors, you shall implement and maintain all safeguards and measures necessary to protect such minors in connection with their use of your products and services, in each case in compliance with all applicable laws and regulations relating to the protection of minors.

Where you obtain data from third-party sources (whether pursuant to a data-sharing arrangement or by collecting publicly available information) for use on the Platform, you shall:

4.4.1. ensure that all such data is collected and processed by lawful and legitimate means in compliance with applicable data protection laws and regulations (including, without limitation, any applicable transparency and consent requirements);

4.4.2. where data is obtained from a third party pursuant to a data-sharing or similar arrangement, take such steps as are reasonable to ensure that the third party has a lawful basis for disclosing such data to you;

4.4.3. where data is obtained by means of web scraping or public data interfaces, comply with all applicable laws (including laws relating to computer misuse and intellectual property), and with any applicable terms of use of the source from which the data is obtained; and

4.4.4. promptly cease using any data that you know, or ought reasonably to know, was not lawfully obtained or disclosed.

Where you collect data via SDKs developed by Tencent Cloud in connection with the Platform, you must also comply with the requirements set out in the applicable SDK’s personal information protection rules, privacy policy and compliance guidelines.

Tencent Cloud shall have, to the extent permitted by applicable law, all rights and interests in respect of data generated or arising during the provision of the Service, excluding User Input and AI Output but including:

5.1.1. log information and activity records relating to your use of the Service;

5.1.2. usage data and billing information; and

5.1.3. service enquiry information (altogether, "Service Data").

Tencent Cloud shall further have all proprietary rights and interests, to the extent recognised by applicable law, in any data products and analytical services derived from its lawful processing of the Service Data, including for the purposes of service operation, maintenance, security, and improvement.

Prior to transferring any data relating to users of your products, applications or services ("Application Users") or data of third parties, including any such data transmitted through SDKs, to Tencent Cloud in connection with the use of the Platform, you shall ensure that you have notified, and obtained all necessary consents and authorisations from, such Application User or third party (as applicable) for such transfer, and for Tencent Cloud to use and process such data for the purpose of providing the Platform and the Services to you, including to perform de-identification, anonymisation and other technical measures to such data where the resulting data will be used to carry out feature analysis and other processing necessary to provide you with the relevant customised services (including services such as profiling analysis) that support your delivery of services to your Application Users. Tencent Cloud will not use such data to train Tencent Cloud’s AI models and systems, unless you grant your explicit opt-in consent. You acknowledge that the AI Service functionality may be limited without your opt-in consent.

Certain features of the Service use one or more AI Models, including Tencent Cloud AI Models and Third Party AI Models, to perform analysis and generate AI Output ("AI Functions"). The AI Functions are provided by Tencent Cloud as part of the Service.

Your use of an AI Function (including the User Input you submit and the AI Output you receive) is also subject to the applicable acceptable use, prohibited use, content and safety policies imposed by the relevant AI Model Provider, including Third Party AI Model Provider ("AI Model Terms"), a summary or list of which Tencent Cloud will make available on the Platform or via documentation which Tencent Cloud may at its discretion update from time to time. You shall comply, and shall procure that your End Users comply, with the AI Model Terms applicable to the AI Functions you use. In the event of any conflict between these Marketing Cloud Terms and any AI Model Terms, the AI Model Terms will prevail solely in respect of your use of the relevant AI Model.

Tencent Cloud may select the AI Model used to process a particular User Input and may route User Input to Tencent Cloud, its Affiliates, service providers and AI Model Providers as necessary to provide the AI Functions, in each case in accordance with the Service Agreement.

Tencent Cloud may add, replace, modify, upgrade, suspend or discontinue any AI Model used for the AI Functions at any time. Tencent Cloud does not warrant the continued availability of any particular AI Model or provider.

To the maximum extent permitted by applicable law, Tencent Cloud makes no representation or warranty regarding the availability, security, accuracy or fitness for purpose of any underlying AI Model or the AI Output generated through it, and shall not be liable for any loss or damage arising from the acts or omissions of an AI Model Provider or the failure or unavailability of an underlying AI Model, subject always to the limitations and exclusions in the Service Agreement.

The Service enables you to distribute marketing communications and interact with Application Users and End Users through one or more communication channels, including those which are operated by Tencent Cloud’s Affiliates, and third party communication channels such as SMS gateways, email service providers, push notification services and social media platforms operated by unaffiliated third parties (each, a "Third Party Channel" and, together with those operated by Tencent Cloud’s Affiliates, the "Communication Channels"). Each Communication Channel is operated separately from the Service and is governed by its own terms. Except where Tencent Cloud expressly agrees in writing to procure a Communication Channel on your behalf, you are responsible for establishing and maintaining your own commercial and technical arrangements with each Communication Channel provider, including any account, licence, licence fee, consent, registration, approval or filing that the provider or applicable law requires.

Your use of a Communication Channel is also subject to the terms of service, acceptable use, content, safety and privacy policies of the relevant Communication Channel provider (whether a Tencent Cloud Affiliate or an unaffiliated third party) (collectively, the "Channel Terms"). You shall comply, and shall procure that your End Users comply, with the Channel Terms applicable to any Communication Channel accessed or used through the Service. In the event of any conflict between these Marketing Cloud Terms and any Channel Terms, the Channel Terms will prevail solely in respect of your use of the relevant Communication Channel.

To the maximum extent permitted by applicable law, Tencent Cloud does not warrant the availability, security, deliverability, throughput or continued operation of any Communication Channel, and shall not be liable for any suspension, termination, throttling, blocking, delay, content rejection, degradation, price change or other act or omission of any Communication Channel provider (including any Tencent Cloud Affiliate operating WeChat or WeChat for Business). Tencent Cloud may modify, replace, suspend or discontinue any integration with a Communication Channel at any time, including to reflect changes made by the Communication Channel provider, changes in applicable law, or Tencent Cloud’s commercial or technical judgement.

Certain features of the Service, including generative AI features powered by AI Models, may require the consumption of usage credits ("AI Credits") to generate outputs. AI Credits comprise Complimentary AI Credits and Purchased AI Credits. You acknowledge and agree that the number of AI Credits required per interaction may vary depending on the AI Model used, the type of output generated, the complexity of the request, and such other factors as Tencent Cloud may determine from time to time. You agree that the AI Credits (i) can only be used in relation to the Service; (ii) are non-transferable and non-assignable; (iii) expire in accordance with the applicable terms set out in clause 8.2; and (iv) have no cash or monetary value, do not constitute money, stored value or a payment instrument, and may not be exchanged or redeemed for cash, credit, goods or services outside the Service. Tencent Cloud may also adjust the number of AI Credits consumed per interaction from time to time, including to reflect changes to the underlying AI Model, the type or volume of output, the complexity of the request, or such other technical or commercial factors as Tencent Cloud may determine.

8.2.1. Complimentary AI Credits. Subject to the terms of your applicable subscription, Tencent Cloud may allocate to you a specified number of AI Credits as part of your subscription ("Complimentary AI Credits"). The number of Complimentary AI Credits allocated, and the frequency of such allocation, shall be determined by reference to your subscription tier and such other criteria as Tencent Cloud may specify in the applicable service description or subscription documentation. Complimentary AI Credits will expire upon the expiry or termination of the applicable subscription, do not roll over and are non-refundable, including if unused.

8.2.2. Purchased AI Credits. Tencent Cloud may also make available additional AI Credit packages for purchase ("Purchased AI Credits"). Purchased AI Credits will expire at the end of the validity period specified on the applicable subscription page, purchase page or other purchase documentation at the time of purchase. Unless otherwise specified at the time of purchase, Purchased AI Credits will expire twelve (12) months after the date of purchase. The terms and pricing applicable to Purchased AI Credits will be as set out on the Platform at the time of purchase.

Tencent Cloud may impose limits on the number of AI Credits available to you, the rate at which AI Credits may be consumed, or the volume of interactions permitted within a given period (each, a "Usage Limit"). Usage Limits are operational controls and do not constitute fixed entitlements. Tencent Cloud reserves the right to modify any Usage Limit at any time, including to maintain system performance, security, fairness, or reliability. If you reach a Usage Limit, your access to the relevant features of the Service may be temporarily restricted, throttled, or suspended until the applicable Usage Limit resets or additional AI Credits are allocated to or purchased for your Customer Account.

Complimentary AI Credits are non-refundable, including if unused. To the extent that any refund or credit is applicable in respect of a Purchased AI Credit package, the amount of such refund or credit shall be calculated solely by reference to the number of unused Purchased AI Credits remaining in the relevant package and the price paid for that package. Tencent Cloud shall have no obligation to provide any refund, compensation, or replacement in respect of AI Credits that have expired or lapsed in accordance with these Marketing Cloud Terms or the applicable terms of allocation or purchase.

The relevant provisions on intellectual property rights in the Service Agreement (including Terms of Service and the AI Service Terms) shall apply to your use of the Platform.

To the extent the Platform or any Service has incorporated or distributed any open source software or products, the details regarding the relevant product open source agreements, the relevant open source software copyright statement and other relevant information can be found here: OSS. They may be titled "Software Licence Agreement", "Authorisation Agreement", or "Open Source Agreement", or have other document names. The aforementioned relevant agreements or other documents displayed are an integral part of these Marketing Cloud Terms. You must comply with these agreements to the extent applicable to your use of the Services or the Platform.

Subject to clause 10.2 below, the limitation of liability provisions in the Service Agreement (including clause 11 of the Terms of Service and clause 8 of the AI Service Terms) shall apply to your use of the Platform.

10.2.1. You agree that (a) analytical outputs generated by the Service are provided on an indicative basis only; (b) such outputs may contain statistical deviations or inaccuracies arising from technical limitations or the nature of the underlying data; and (c) you should not rely on them as the sole basis for any business decision.

10.2.2. Without limiting clause 1.2.2 above, Tencent Cloud gives no warranty or commitment as to any business outcome (including traffic volume, sales volume, conversion rates or user satisfaction) resulting from your use of the Service.

10.2.3. Where the Service includes a trending analysis feature, the trending content surfaced by that feature is derived from publicly available information on the internet. Tencent Cloud makes no representation or warranty as to the legality, accuracy, completeness or fitness for purpose of any such trending content, and you are solely responsible for any decision to use or act upon it.

The suspension and termination provisions in the Service Agreement (including the Terms of Service, the AUP and the AI Service Terms) shall apply to your use of the Platform and to your Customer Account and all associated User Accounts.

Without limiting Tencent Cloud’s rights under the Service Agreement, Tencent Cloud may immediately suspend or terminate your Customer Account, any associated User Account, or your access to all or part of the Platform, without liability, where:

11.2.1. you fail to submit any additional documentation reasonably requested by Tencent Cloud in connection with the provision of the Platform within the specified timeframe;

11.2.2. Tencent Cloud reasonably determines that you have failed to obtain the necessary authorisations from End Users in respect of User Data;

11.2.3. you breach the AI Function Restrictions or your use of an AI Function threatens the security, stability or lawful operation of the Service or an underlying AI Model; or

11.2.4. your use of the Platform gives rise, in Tencent Cloud’s reasonable opinion, to any material regulatory, legal, reputational or security risk.

This clause 12 applies to your access to and use of the Tencent Marketing Cloud website at https://marketingcloud.tencent.com/ (the "Site") as an informational and promotional website, in addition to the other provisions of these Marketing Cloud Terms which apply to your use of the Service. In this clause 12, "Content" means all articles, blog posts, case studies, white papers, product descriptions, documentation, marketing materials, and other written content, artwork, logos, trademarks, titles, themes, graphics, images, animations, concepts, sounds, audio-visual effects, methods of operation, and any other content within the Site.

So long as you comply with the Service Agreement, we grant you a personal, non-exclusive, non-transferable, non-sublicensable limited right and licence to access and use the Site, including any Content, for your internal business evaluation, informational, or research purposes leveraging only the functionality of the Site until the expiration or termination of the Service Agreement. Any other use of the Site and its components, other than as expressly permitted in the Service Agreement, is strictly prohibited. We and our licensors reserve all rights not granted to you in the Service Agreement.

The Site may allow you to submit inquiries, request demos, register for events, or provide contact and business information through forms on the Site. By submitting any such information, you represent that the information provided is accurate, current, and that you have the authority to provide it. You acknowledge that we may use such information to respond to your inquiries, provide requested services, and as otherwise described in our Privacy Policy.

Additional terms and conditions may apply to specific portions or features of the Site, including event registrations, webinar sign-ups, promotional offers, or access to gated content such as white papers and reports, all of which are made a part of these Marketing Cloud Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age and have the authority to bind the entity on whose behalf you are accessing the Site. If there is a conflict between these Marketing Cloud Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

We may make changes to any information on the products or services provided on the Site at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such products and services.

Your use of the Site is subject to the AUP, which applies in the same way as it applies to the Service. Without limiting the AUP, you agree not to do any of the following with respect to the Site, as determined by us:

12.6.1. use the Site commercially, for a promotional purpose other than evaluating our products and services, or for the benefit of any third party or in any manner not permitted by these Marketing Cloud Terms;

12.6.2. scrape, crawl, index, or use automated means (including bots, spiders, or similar technologies) to access or collect data from the Site, except as expressly permitted by our robots.txt file or with our prior written consent;

12.6.3. copy, reproduce, distribute, display, mirror, frame or use the Site or any individual element within the Site (or any of our other materials, intellectual property, proprietary information, or the layout and design of any page or form contained on a page) in a way that is not expressly authorised in these Marketing Cloud Terms; or

12.6.4. avoid, bypass, remove, disable, impair, descramble, circumvent, or modify any technological measure we or any of our providers or any other third party implements to protect the Site or any of their associated intellectual property.

We and our affiliates and licensors own all title, ownership and intellectual property rights in the Site (including all Content therein). You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. You understand and agree that you have no ownership interest in the Site or any Content therein. Although we are not obligated to monitor access to or use of the Site or to review or edit any Content, we have the right to do so for the purpose of operating and publishing the Site, to ensure compliance with these Marketing Cloud Terms, to protect our legal rights and remedies, to report a crime or offensive behaviour, or to comply with applicable law. We may (but do not have to) remove or disable access to any Content, at any time and without notice, and we may (but do not have to) investigate violations of these Marketing Cloud Terms or conduct that affects the Site.

The Site may contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. We are not a party to any relationship or separate agreement entered into between you and any such third parties, and we disclaim any and all liability relating thereto. You acknowledge sole responsibility for and assume all risk arising from your use of any third party websites or resources. You agree that we are not and will not be responsible for any loss or damage of any type incurred as the result of any of your transactions or interactions with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

By subscribing to our newsletter, registering for webinars, or opting in to receive communications from us, you agree to receive emails and other electronic communications from us. The aim of our communications is to keep you updated about our products, services, industry insights, events, and promotional offers. The subscription to our communications is optional. We reserve the sole right to either modify or discontinue any communication service, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. We reserve the sole right to unsubscribe users from our communication services, without notice, and will do so with any subscriber we deem registered with invalid or fake information. You can opt out of receiving such communications at any time by following the unsubscribe instructions in our emails. Please read our Privacy Policy for information on how we collect, use, and disclose information that we collect from you.

You are responsible for all data-related charges that you may incur for accessing the Site, including, without limitation, mobile and data charges. You should understand or ask your service provider what charges you may incur before accessing the Site.

Without limiting our rights under the Service Agreement, and to the fullest extent consistent with applicable law, we may suspend, modify or terminate your access to and use of the Site and Content, with no liability or notice to you, where: (a) we cease providing the Site (or parts thereof) to similarly situated users generally; (b) you breach any of these Marketing Cloud Terms (including any policy referred to in them); or (c) we otherwise deem it necessary to suspend or modify your access to and use of the Site in our sole discretion for any reason. Upon any termination, discontinuation or cancellation of the Site under this clause 12.11, the rights granted to you in respect of the Site will automatically terminate.

If you have any questions about the Site, please contact us at tmc@tencent.com.

Clause 13 of the Terms of Service shall apply in full to these Marketing Cloud Terms and references in clause 13 to the Terms of Service shall, for the purposes of these Marketing Cloud Terms and where appropriate, be read as references to these Marketing Cloud Terms.