<p style="text-align:center"><span style="font-size:16px"><strong>Service Level Agreement (SLA) for Elastic Compute Service (ECS)</strong></span></p> <p>The&nbsp;<em>Service Level Agreement</em> <em>(SLA) for</em> <em>Elastic Compute Service (ECS)&nbsp;</em>is an effective agreement (hereinafter referred to as the &quot;Service Agreement&quot;) entered into by and between Shenzhen Ping An Communication Technology Co., Ltd. (hereinafter referred to as &quot;Ping An Cloud&quot;) and you (hereinafter referred to as the &quot;User&quot;) concerning the Elastic Compute Service (ECS) related matters provided by Ping An Cloud. By affixing a seal, clicking &quot;confirm&quot; on web pages, or accepting the Service Agreement in other ways including but not limited to actually using the ECS without clicking to confirm the Service Agreement, it is deemed that that you have agreed with Ping An Cloud and accepted all provisions contained herein. In the event of any inconsistency between the text sealed by the two parties and the text of the Service Agreement accepted by clicking &quot;confirm&quot; on web pages of Ping An Cloud or in other ways, the text sealed by the two parties shall prevail. When ordering ECS on the Ping An Cloud website (https://pinganyun.com), in addition to the Service Agreement, you shall also abide by the ECS order you purchased as well as the Ping An Cloud Products and Services Usage Agreement. The order is an effective part of the Service Agreement. The Service Agreement, the order, and the Ping An Cloud Products and Services Usage Agreement constitute a legal document that binds Ping An Cloud and you together.</p> <p>Unless otherwise defined in this Service Agreement, the following terms shall have the meanings set forth below:</p> <p>Ping An Cloud website refers to the Ping An Cloud official website with the domain name of https://pinganyun.com.</p> <p>Ping An Cloud refers to Shenzhen Ping An Communication Technology Co., Ltd., namely provider of Ping An Cloud products and/or services (including ECS prescribed in the Service Agreement).</p> <p>Ping An Cloud products and services refer to the products and services demonstrated to and provided to users on the website of Ping An Cloud.</p> <p><strong>1. Services Scope</strong></p> <p>Provided by Ping An Cloud, ECS is a computing service with elastic processing capacity. With simpler and more efficient management than a physical server, ECS can quickly build a business system to tackle difficulties in development, operation, and maintenance, as well as reduce the overall IT costs. As a capacity leasing service that integrates IT infrastructures of computing, storage, and network resources, ECS supports elastic expansion and features on-demand usage and payment based on the cloud computing model.</p> <p><strong>2. Service Content</strong></p> <p>ECS is an elastic computing service based on the host virtualization technology. Multiple independent hosts are virtualized on a group of physical machine clusters. Integrating the server, bandwidth, and storage services, ECS is highly reliable, easy to manage, and elastic. ECS instances are categorized into various specifications based on performance and availability. You can choose the configuration that best suits your business needs.</p> <p><strong>3. Service Mode</strong></p> <p>The monthly payment and pay-as-you-go billing methods are available. The service fee will be listed on your order page. You can choose a service type and pay the price as listed.</p> <p><strong>4. Service Cycle</strong></p> <p>A service cycle is 1 natural month.</p> <p><strong>5. Service Availability and Commitment</strong></p> <p>5.1. Service availability calculation formula</p> <p>The availability rate of a user instance in a life cycle is calculated in months by using the formula: availability rate = ((life cycle - unavailable period) / life cycle time) * 100%</p> <p>Examples:</p> <p>(1) The life cycle is the same as the natural month</p> <p>For example, the life cycle of the ECS purchased by the user is 30 days, and the unavailable period for the user is 10 minutes during the 30 days. Then</p> <p>Availability rate = (30 days &times; 24 hours &times; 60 minutes - 10 minutes) / (30 days &times; 24 hours &times; 60 minutes) * 100% = 43190/43200 * 100% = 99.977%</p> <p>(2) The time for business failure recovery is less than 5 minutes and is not included in the calculation of business unavailability. The unavailable period refers to the period from the start time of business failure to the time when the service restores.</p> <p>a) The ECS instance service availability is calculated by service cycle. A service cycle is 1 natural month. If the service cycle is less than 1 month, it is not counted as a service cycle;</p> <p>b) Unavailable period: The unavailable period of ECS does not include the unavailable period due to planned maintenance or downtime that has been notified to the user and the unavailable period caused by the User, third-parties, or force majeure.</p> <p>5.2 Service availability commitment</p> <p>The availability of the ECS service is no less than 99.95%.</p> <p><strong>6. Service Level Indicators</strong></p> <p>Ping An Cloud sets service level indicators for cloud services purchased by the User and undertakes to provide the maximal guarantee for data management and business quality for the User. The monthly payment and pay-as-you-go billing methods are available. The service fee will be listed on your order page. You can choose a service type and pay the price as listed.</p> <p><strong>6.1 Data Destructibility</strong></p> <p>6.1.1 When the User voluntarily deletes some data or when the data need to be destroyed upon the expiration of the service, Ping An Cloud will automatically clear those data stored in the disks and memory of the physical server to make the data irretrievable. Ping An Cloud will use low-level disk formatting to completely delete all your data, which cannot be recovered.</p> <p>6.1.2 Before an equipment for cloud services is discarded, outsourced for maintenance, or resold, Ping An Cloud will degauss its physical disks. The degaussing process will be conducted under video monitoring and relevant records will be kept for a long term. Ping An Cloud audits the disk erasing records and video evidence on a regular basis to meet the requirements of security compliance. Equipment that is not completely degaussed will be physically destroyed.</p> <p><strong>6.2 Data Portability</strong></p> <p>Ping An Cloud supports fast environment deployment and data migration through image replication and snapshot restoration when the user launches an ECS instance. When the User stops using an ECS instance, the User can move out the data through the network.</p> <p><strong>6.3 Data Privacy</strong></p> <p>Ping An Cloud uses encryption and security group isolation to ensure that user data in the same resource pool is invisible to each other. Security groups isolate resources of different users by using access control technologies at the data link layer and network layer.</p> <p><strong>6.4 Right to Know the Data</strong></p> <p>6.4.1 Users are entitled to know the geographic location of the data center storing their data and backup data, and the quantity of their data backups:</p> <p>6.4.1.1 Currently, Ping An Cloud data centers are located in East China Region A1 (Shanghai), East China Region A2 (Shanghai), North China Region A1 (Yizhuang), and Hong Kong Region A. The User shall select data centers based on the geographic locations when opening a cloud service. User data will be stored in the user-designated data centers;</p> <p>6.4.1.2 Ping An Cloud service is designed to back up data automatically. By default, backup data is stored in the same data center as its source data. Therefore, the User does not need to designate the quantity of automatic data backups and their storage locations.</p> <p>6.4.2 Ping An Cloud data centers will abide by relevant local laws and regulations. The User shall have the right to know those laws and regulations and can contact the customer service of Ping An Cloud for detailed information.</p> <p>6.4.3 All data, applications, and behavior logs shall not be provided to a third party except for the purpose of meeting requirements of local laws and regulations, or supervision and audit from the government regulators. Except for the purpose of statistical analysis of the running status of the products of Ping An Cloud, behavior logs of the User are not used to make personal information and data of the User public.</p> <p><strong>6.5 Data Auditability</strong></p> <p>In accordance with current laws and regulations or for the purpose of supervision, security compliance, audit, or investigation from the government regulators, Ping An Cloud, in the case of meeting procedure requirements, can provide relevant information of services used by the User, including operation logs of key components, operation records of operation and maintenance staff, and User operations.</p> <p><strong>6.6 Service Metering Accuracy</strong></p> <p>The ECS instance service has an accurate and transparent metering and billing system. Ping An Cloud calculates the service payment according to the actual usage of the User&#39;s ECS instance and charges the service in real time. The billing standard is based on the effective billing model and the price announced on the Ping An Cloud official website. By default, users&#39; original billing logs are saved for a minimum of 3 years for further reference.</p> <p><strong>6.7. Service Functions</strong></p> <p>ECS instances have advanced functions such as self-service management, data security, automatic failure recovery, and network attack prevention. The ECS instance service is applicable to social websites, corporate official websites, portal websites, e-commerce websites, SaaS applications, game applications, and so on. For all the specific functions of the ECS instance service, please refer to the detailed description, technical, and help documents on the official website of Ping An Cloud. Users will be informed of any function changes in the ECS instance service that might have impacts on them.</p> <p><strong>6.8 Service Resource Allocation Capability</strong></p> <p>The ECS instance service provides multiple configurations and features elastic expansion. The User can expand or reduce ECS instance resources online based on the configuration solutions of Ping An Cloud. The User can start or release 100 ECS instances within 10 minutes, close down to upgrade CPU and RAM within 5 minutes, or upgrade the public network bandwidth in real time online.</p> <p><strong>6.9 Failure Recovery Ability</strong></p> <p>Ping An Cloud offers operation and maintenance services for paying users for 7 &times; 24 hours, and provides technical support including online tickets and failure report calls. It has an overall emergency response mechanism for failure prevention and recovery, including failure monitoring, auto alarming, fast location, and quick recovery.</p> <p><strong>6.10. Network Access Performance</strong></p> <p>When starting the Ping An Cloud ECS instance service, the User can choose an outbound public network bandwidth from 1 Mbps to 1000 Mbps for each ECS instance. Ping An Cloud provides BGP multi-line access to ensure the network access quality.</p> <p><strong>6.11 Service Change and Termination</strong></p> <p>6.11.1 Service Change</p> <p>Both parties can request to change the Service Agreement. If it is requested by the User, the User shall submit a written request to Shenzhen Ping An Communication Technology Co., Ltd. to explain the contents to be changed and the reason for change; if the request is proposed by Shenzhen Ping An Communication Technology Co., Ltd., the company shall submit a written request to the User representative to explain the contents to be changed and the reason for change.</p> <p>When one party receives an agreement change request from the other party, the representatives of both parties shall arrange a negotiation on the content of the agreement change within 5 working days. The agreement change shall be approved by both parties, and the changed new version shall take effect upon signature by both parties.</p> <p>6.11.2 Service Termination</p> <p>The provisions of the Service Agreement shall come into force as of the execution date hereof and be terminated upon the fulfillment of all the obligations (including the warranty obligation) of both parties (unless terminated in advance). The provisions hereof can be terminated upon a written notice by one party in the following cases:</p> <p>Where one party severely breaches any of its obligations under the Service Agreement and fails to remedy the breach within thirty (30) days after the other party has given a written notice specifying the breach, the non-breaching party has the right to terminate the Service Agreement after sending the written notice to the breaching party.</p> <p>Except situations that are forbidden by applicable bankruptcy laws, if either party, for the interests of creditors, is designated with recipient or asset assignee, or bankrupts or becomes insolvent, the other party shall terminate the Service Agreement after sending the written notice to the party.</p> <p><strong>6.12. Service Compensation Terms</strong></p> <p>6.12.1 Compensation Scope</p> <p>If the ECS instances purchased by the User are unable to be used normally or encounter severe faults because of the equipment failure of Ping An Cloud, design flaws, or misoperation, Ping An Cloud shall compensate the User for the unavailable period, excluding the unavailable period caused by the following reasons:</p> <p>(1) System maintenance events (including cutover, repair, upgrade, and failure drill) that have been notified the User in advance;</p> <p>(2) Failure or configuration adjustment of the network and equipment not belong to Ping An Cloud;</p> <p>(3) Unavailable conditions such as packet loss and delay due to operator failures;</p> <p>(4) The User&#39;s application or data information is caused by a hacker attack;</p> <p>(5) Improper User maintenance or improper confidentiality that results in the loss or leakage of data, commands, passwords, etc.;</p> <p>(6) Operation system upgrade by users;</p> <p>(7) Users&rsquo; applications or installation activities;</p> <p>(8) Negligence of the User or the operation authorized by the User;</p> <p>(9) User&rsquo;s failure to follow the instruction documents or use suggestions of Ping An Cloud products;</p> <p>(10) ECS instance error due to the software installed by the User or software configuration of other third-parties;</p> <p>(11) ECS instance is suspended or released due to arrears;</p> <p>(12) Force majeure and accidents;</p> <p>(13) Other reasons not caused by Ping An Cloud.</p> <p>6.12.2 Compensation Scheme</p> <table border="1" cellpadding="0" cellspacing="0"> <tbody> <tr> <td> <p>Percentage of available period per month</p> </td> <td> <p>Compensation ratio (monthly operation and maintenance service cost)</p> </td> </tr> <tr> <td> <p>Less than 99.95% but equal to or more than 99.90%</p> </td> <td> <p>15%</p> </td> </tr> <tr> <td> <p>Lower than 99.90%</p> </td> <td> <p>35%</p> </td> </tr> </tbody> </table> <p>Failure period=Unavailable period</p> <p>Note:</p> <p>If the actual usage time of an ECS instance that is paid by configuration is less than 24 hours, the cost shall be calculated by the average actual usage time. The failure time is calculated in minutes;</p> <p>The total compensation value shall not exceed the total cash charges paid for the current service of a single ECS instance (excluding the amount deducted by vouchers).</p> <p>6.12.3 Compensation Claim Deadline</p> <p>After the fifth (5th) working day of each natural month, the User can apply for compensation on the service for which availability is not reached in the previous month. The compensation claim must be submitted within two (2) months after the end of the month in which the availability commitment was not met. Applications for compensation beyond the application deadline will not be accepted. The User can apply for the compensation by submitting a ticket in the user console (https://pinganyun.com/console/ticket/ticketCreate) of Ping An Cloud.</p> <p>6.12.4 Notes to the Compensation Upper Limit</p> <p>Ping An Cloud will compensate you in the form of voucher. Vouchers cannot be withdrawn. The total compensation value shall not exceed the monthly service fee (excluding the fee deducted with the voucher) paid by the user for this ECS instance in the month in which the service availability commitment is not met.</p> <p><strong>7. Miscellaneous</strong></p> <p>Ping An Cloud shall have right to modify provisions of the SLA. If there is any change in this Service Agreement, Ping An Cloud will publish it on the website or inform you by sending an email. If you disagree with the modifications to the provisions of the Agreement made by Ping An Cloud, you are entitled to terminate your usage of the relevant services. If you continue to use relevant services, it is deemed that you accept the modified SLA.</p>