HUAWEI ID

HUAWEI ID User Agreement

The following terms and conditions (these "Terms") constitute a valid contract made between you and Huawei Software Technologies Co. Ltd. and its subsidiaries ("Huawei"). This Agreement stipulates your legal rights and responsibilities concerning the use of HUAWEI ID services (this "Service"). "You" refers to any individual who uses and/or accesses this Service.

Please read the following terms carefully. By selecting Agree, you acknowledge that you have read and accept these Terms. If you do not agree to all or any part of these Terms, you must not use this Service.

1 Requirements for using this Service

You explicitly state and guarantee that you have sufficient legal rights or authorization to sign and perform this Agreement and that your signing and performance of this Agreement do not conflict with any other agreement or provisions you are obligated to perform. You also guarantee that this Agreement has legal force on you and is enforceable when necessary.

1.1 Age requirements

If you are a minor, you should read this Agreement with your parent(s) or legal guardian(s) to make sure that they understand the content of this Agreement before you decide to use this Service. You cannot and should not use this Service before obtaining permission from your parent(s) or legal guardian(s). In addition, we suggest that parents or legal guardians supervise and guide their children when they use the Internet, mobile phones and other devices.

1.2 Device requirements

To use this Service, you are required to have one or more compatible devices, wireless mobile data services, relevant software and an Internet connection provided by an applicable network service provider (a broadband connection is required when using Internet-based services). Huawei and this Service will not provide you with the preceding devices, services or software. You need to acquire or purchase the preceding devices, services and software and to accept the device, service and software provider agreements before you can use the preceding devices, services and software. You may incur costs as a result. Factors such as hardware, software and your Internet connection may affect your use of this Service. You are recommended to use a high-speed broadband Internet connection.

2 Introduction to HUAWEI ID services

You can use HUAWEI ID to access Huawei services such as Cloud, AppGallery, Vmall, HiClub, GameCenter (including downloaded games), HiCare, Wallet, IAP, Gallery, Themes, Music, Video, Huawei Wear, Backup, Files, Huawei Health, LiveOnline, HiVoice, Contacts, Huawei Swype, Messaging, SkyTone, Location Sharing, Student mode, Gallery, Assistant, Calendar, Notepad, and HiReader. Services may vary depending on your device model and/or country. Please refer to the user guide included with your Huawei device for more information on available services.

This Service includes instant messaging services. You can use this feature to send text, emoticons, images, and links to other users.

During your use of this Service, HUAWEI ID will ask to access your storage, phone, SMS, location, contacts, and camera. If your device uses EMUI4.0 or a later version, you can disable HUAWEI IDID's access to the aforementioned functions by going to Settings > App manager > HMS > Permissions.

In order to provide you with the service information relevant to HUAWEI ID, HUAWEI ID may send you system notifications via messages. You can turn off notifications or enable do not disturb by going to Settings > HUAWEI ID > Friends > System notifications.

You are solely responsible for protecting your username and password. In addition, you shall be responsible for all actions carried out on your account, unless Huawei was given prior notice that your account was compromised. You must promptly inform Huawei of any activity on your account that was beyond your control or that violates this Agreement by sending an email to huaweiid@huawei.com.

3 Privacy protection

Huawei will take appropriate measures to protect your personal data. Unless otherwise stipulated by law, Huawei will not release or disclose your personal data without your consent. In addition, your data will be encrypted using the latest encryption technology before being stored or transmitted.

You will be required to provide certain information when registering for a HUAWEI ID or using this Service. This information includes, but is not limited to:

Your phone number or email address in order to register an account or verify your identity.

Permission to access your contacts in order to use the friend recommendation feature. HUAWEI ID users can search for you using your phone number or email address and view your public information, including profile picture, nickname, and city. You can turn this off under the settings for HUAWEI ID. Depending on local regulations and legal requirements, you may be required to provide your personal information to verify your identity. If the information you provide is incomplete, you may be unable to use this Software, or access may be restricted.

In order to improve user experience and satisfaction, Huawei will offer differentiated services based on the phone number and email address you provide when registering your account. For example, if you contact Huawei Customer Service via telephone or email or receive service at a Huawei store, Huawei will identify your registered account through your phone number or email address as well as information about services entitled to your account and the purchase and service records of your account in Vmall, in order to provide you with customized service.

You can view and amend your information at any time. However, for security reasons you cannot change the information you provided to verify your identity when registering your account.

Huawei uses a wide range of secure technology and software to prevent the unauthorized access, use or disclosure of your personal information.

Huawei will not disclose your personal information to any other companies, organizations or individuals without your prior consent, unless such disclosure is required by local laws and regulations.

4 Service availability

Huawei is committed to providing superior, user-oriented services. However, Huawei cannot guarantee that all or any part of HUAWEI ID services will be available at all times or that its services are free from bugs or errors. As some countries and regions do not possess the necessary infrastructure for providing this Service, this Service may not be available in some countries and regions. For example, pre-release/trial versions may not work correctly. The failure to provide services due to such circumstances shall not be deemed as a breach of contract by Huawei.

Huawei reserves the right to modify, remove, restrict, prevent access to or stop providing all or any part of this Service at its own reasonable discretion without prior notice.

When using this Service, you must assume certain risks that are beyond the control of Huawei. These risks include but are not limited to: loss or disclosure of personal information due to force majeure; risks associated with accessing third-party websites and content due to scanning a QR code or visiting a link; risks and responsibilities associated with the forwarding, sharing or transmission of user-published content; unavailability of HUAWEI ID services, delays in sending/receiving messages and failure to sync messages due to poor Wi-Fi signal strength or low bandwidth.

Huawei is unable to guarantee that information stored or obtained using this Service will not be damaged, lost, unavailable, or deleted. You hereby acknowledge that you have a duty to back up all or any part of your information stored on your account. You also acknowledge that if you use two different devices to use this Service, any information that you upload or download may be unavailable.

5 Location-based services

Some features of this Service may be provided based on geographical location information. Huawei and its partners may collect, use, transmit, process, store and share your geographical location information to the maximum extent permitted by the Huawei Privacy Policy. Some third-party services or websites may also require your geographical location information. Huawei recommends that you read all third-party terms and conditions carefully. You will need to accept all third-party terms before using third-party services.

Notwithstanding the preceding provisions, Huawei or any third party does not make any warranties concerning the availability, accuracy, integrity, reliability and timeliness of any data (including but not limited to the geographical location data displayed in this Service). You are entitled to withdraw your consent regarding Huawei's use of your geographical location data and can disable the geographical location service by changing your device settings at any time.

6 Your behaviour

Huawei is committed to providing you with superior services. You agree to use this Service for its intended purpose, accept this Agreement and abide by any effective laws and regulations.

You hereby agree not to use HUAWEI ID services to engage in any of the following behavior:

a. Upload, download, store, transfer, send, or otherwise provide any illegal, threatening, harmful, defamatory, insulting, violent, pornographic, racist, xenophobic, or offensive content.

b. Infringe upon the privacy, trade secrets, trademarks, copyrights, patents and other intellectual property or other rights of third parties.

c. Engage in any illegal business transactions, such as selling firearms, drugs, illegal substances, or other prohibited items.

d. Plan to engage in or engage in money laundering, credit card kiting, or other illegal financial transactions.

e. Complete transactions using an invalid bank account or a third party's bank account.

f. Other behavior that violates national laws, regulations and policies, or the terms contained in this Agreement.

When using this Service to create a group or serving as a group administrator, you shall fulfill group management responsibilities, comply with applicable laws and regulations, and regulate the network behavior and information releases in your group, to maintain a friendly, orderly group cyberspace. In case of any violations of relevant laws and regulations or rules and standards formulated by you, you shall delete or shield such violating content, and block or delete the violating user, restrict him or her from any operations in the group, or remove him or her out of the group based on the circumstance.

If you spread any information which violates national laws and policies or group rules when using this Service, the group administrator has the right to take any available actions against you. All losses incurred therefrom shall be borne by you, and you shall assume any associated liabilities and make compensations if any third party or Huawei suffers from any losses due to your behavior.

7 Behavior Regulations

You shall not register multiple HUAWEI IDs for malicious purposes. Huawei shall, at its sole discretion, take actions against malicious registrations.

The usage right of a HUAWEI ID belongs to the original registrant. You shall not give, lend, rent, transfer, or sell your HUAWEI ID to others, or otherwise license a non-original registrant to use your HUAWEI ID without Huawei's consent.

If the HUAWEI ID you currently use was not registered by you, or if it was not obtained via any other channels provided by Huawei, and you know its password, you shall not log in to this HUAWEI ID or perform any operations with it. In addition, you shall notify Huawei or its original registrant immediately.

For avoidance of disputes, you shall not transfer your HUAWEI ID either at a charge or free of charge. You shall bear any liabilities arising therefrom, and Huawei reserves the right to take legal actions against any liable actor.

8 Restriction, Freezing, and Termination of a HUAWEI ID

In the event that you breach any applicable laws and regulations, or Huawei's service agreement or business rules, Huawei is entitled to, at its sole discretion, restrict, freeze, or terminate your HUAWEI ID at any time, and decide whether to restore it based on the circumstance.

In the event that Huawei discovers that you are not the original registrant, Huawei has the right to terminate your use of the appropriate HUAWEI ID without issuing any further notice.

To make full use of HUAWEI ID resources, if you have never logged in to a HUAWEI ID you have registered, or if you have not logged in to your HUAWEI ID for a period longer than the specified time, Huawei has the right to terminate your HUAWEI ID.

You shall assume all losses arising out of Huawei's restriction, freezing, or termination of your HUAWEI ID, in accordance with this Agreement or the relevant laws and regulations, including but not limited to interruptions to communications and clearance of your profile, emails, game props, and relevant data.

9 Costs

You hereby acknowledge that Huawei is entitled to charge you for some services and change the cost of services at its own discretion. In the event that laws and regulations require Huawei to inform users of any price changes in advance, Huawei will notify you at an appropriate time in advance. After a new price takes effect, you will need to accept the new price in order to continue to use this Service. In the event that you do not agree with any price changes, you are entitled to stop using this Service before the price is changed. You may need to accept other third-party agreements or charges before you can use third-party services. You shall pay any tax due in accordance with relevant laws and regulations.

10 Links and other third-party materials

Some content, sections or features of this Service may come from third-party data and links. You acknowledge that Huawei assumes no responsibility for direct or indirect losses caused or claimed to be caused to you due to your use or dependence on the services of third-party data and links.

11 User content

"User content" refers to information and content created by users of this Service, such as diagrams, characters, images, audio, videos, software and data files. You shall assume full responsibility for all user content uploaded, downloaded, released, sent by email, transmitted, or stored using your account. Huawei does not control or access user content, therefore Huawei cannot guarantee the accuracy, completeness or appropriateness of any user content. You acknowledge that you shall assume all risks associated with the use of user content published by other users of this Service. Huawei assumes no responsibility for any user content that you consider to be vulgar, offensive, indecent, or inappropriate.

12 License terms

12.1 Your commitment to Huawei

You guarantee that you are entitled to or authorized to transfer, distribute, disclose and use in any available ways any user content uploaded, downloaded, released, sent by email, transmitted, or stored using your account.

Huawei does not require acquiring the ownership of user content submitted by you or provided by using this Service. Nevertheless, you acknowledge that Huawei may transfer your user content through different media and public networks for the original purpose for which you provide the content and may copy, modify or publish content stored by users and retrieve user content for this purpose.

12.2 License terms

Huawei grants you an irrevocable, non-exclusive and non-transferable license (this "License") to use HUAWEI ID services in accordance with this Agreement. You agree not to engage in any of the following behavior:

1. Duplicate any part of this Service, unless such duplication is authorized in accordance with this Agreement.

2. Rent, lease, sub-license, pledge, translate, combine with any other product or service, adjust, change or modify this Service.

3. Break down, decompile, reverse engineer or create any derivatives of all or any part of this Service, or attempt to engage in any such behavior.

4. Provide any third party with or make any third party use all or part of this Service (including but not limited to the program list, objects, source project list, target codes and source codes) without Huawei's written consent.

5. Use this Service in a fraudulent manner or for any fraudulent purpose.

6. Delete any ownership statements or notices contained in this Service.

7. Attempt to disable, bypass, modify, invalidate or otherwise evade any digital right management systems that are related to this Service or are an integral part of this Service.

Although Huawei endeavours to provide you with personalized services, you acknowledge that this Service may not target or meet all of your individual requirements. Huawei does not guarantee that this Service and its features described in any documentation can meet your individual requirements.

This License and terms shall be binding on you and Huawei, as well as successors and transferees of the rights and obligations of both parties.

Without prior written consent from Huawei, you shall not transfer, mortgage or dispose of in other ways the obligations under this License or terms, as well as the rights and obligations arising out of this License and terms.

Within the validity period of this License and terms, Huawei may transfer, subcontract, or dispose of in other ways the obligations of this License and terms, as well as the rights and obligations arising out of this License and terms.

13 Feedback

To the maximum extent permitted by law, you explicitly agree that you will irrevocably grant Huawei all legal rights relating to any feedback you may submit (including submitted suggestions and feedback provided for improving Huawei products and services). In addition, to the maximum extent permitted by law, you explicitly waive the right to submit a compensation claim to Huawei for damages arising due to your submitted feedback.

14 Access to your account and content

In accordance with relevant legal requirements, lawsuits and judicial and government bodies, or in the event of other reasonable and necessary circumstances, Huawei may access, use, save and/or disclose your account information and content.

In the event that you encounter any inappropriate content or content that violates this Agreement or any laws and regulations, please contact us by sending an email to huaweiid@huawei.com.

15 Other terms

Huawei may update or modify this Agreement from time to time and send the modified content by email or by releasing an announcement in this Service. You may also visit https://hwid1.vmall.com/CAS/portal/agreements/userAgreement/en-us_userAgreement.html?version=china to obtain the latest version of this Agreement. You understand and accept the fact that, in the event that you continue to use this Service after this Agreement is modified, you will be deemed to have accepted the modified terms. In addition, your terminal device user guide may be revised from time to time. You understand that, when you acquire services from third parties, you may be required to accept third party terms, including but not limited to your network carrier terms.

16 Infringement and punitive action

You must respect the intellectual property rights of Huawei and any third parties. Huawei may delete or prevent access to any content that is suspected of violating intellectual property rights or other rights and reserves the right to suspend any accounts responsible for the publication of such content. Please send an email to huaweiid@huawei.com if you discover any infringing content.

In the event that Huawei discovers or is informed of any content that was published by you and that violates the terms in this Agreement, Huawei reserves the right to delete or block access to such content without prior notice. If Huawei believes based on reasonable grounds that your transactions with Huawei through your HUAWEI ID are disputed or that there are abnormal activities associated with your account, Huawei reserves the right to cancel the transaction and refund the payment. Huawei reserves the right to impose the following penalties on your account in any of the aforementioned scenarios, including but not limited to: issuing a warning, restricting or preventing access to some or all of the features in this Service, banning or terminating your account, and announcing the results. Please send an email to huaweiid@huawei.com if you discover any content that violates the terms of this Agreement.

You hereby acknowledge that Huawei reserves the right to take punitive action at its own reasonable discretion in the event of any behavior that violates applicable laws and regulations or the terms in this Agreement. In addition, Huawei may take appropriate legal action against any users who violate the terms contained herein and send any necessary information to relevant government departments in accordance with legal requirements. You shall assume all legal liabilities arising in connection with this clause.

You acknowledge that you shall assume sole responsibility for any compensation or losses claimed by third parties due to your violation of the terms in this Agreement or other relevant service terms. You shall also compensate Huawei for any losses incurred due to the aforementioned violations.

17 Statement

Huawei will notify you of relevant laws and regulations by releasing notices on the website and/or through this Service, or by sending emails to any valid email addresses or mailing addresses you provide to Huawei. You acknowledge that the email addresses and mailing addresses that you provided to Huawei are valid and undertake to check your inbox from time to time.

Huawei does not provide dedicated customer support for this Service unless otherwise specified.

18 Disclaimer

Huawei and its partners do not provide any explicit or implicit representations or warranties, including but not limited to the warranties of merchantability, commercial availability, fitness for a particular purpose and non-infringement. Huawei and its partners do not make any of the following warranties: (1) this Service will meet your specific requirements; (2) this Service will be provided in an uninterrupted, timely, secure and non-defective manner; (3) any information you acquire during the use of this Service is accurate or reliable; (4) any software defects or errors contained in this Service will be corrected. Huawei has no control over your network carrier and therefore cannot provide any warranties regarding the coverage, availability and quality of provided services. You shall assume all risks associated with downloaded, acquired and accessed content and other materials accessed through this Service as well as the risks of device and data damage and content loss due to your use of this Service or third-party services. During the use of this Service, you shall abide by all relevant effective laws. Your statutory rights shall not be affected by this Agreement. In the event that any provisions in this Agreement are deemed to be invalid in accordance with local laws and regulations, Huawei's violation of such laws will be limited to the minimum extent permitted by law.

Some jurisdictions prohibit or rule out specific warranties or restrictions or rule out the liability for specific damages. Therefore, some disclaimers and limitations of liability may not apply to you. You explicitly understand and agree that Huawei and its affiliates, subsidiaries, management, directors, employees, agents, partners and authorized parties shall assume no responsibility for any of your direct, indirect, incidental, special, derivative or punitive damages in the following circumstances, including but not limited to profit losses, goodwill losses and other intangible losses (even if Huawei has been informed of the possibility of such damages): (1) use or inability to use this Service; (2) change to this Service and any temporary or permanent suspension of part or all of this Service; (3) unauthorized access to or modification of your transfer or data; (4) deletion, destruction or failure to store and/or send your transfer or data through this Service; (5) statements or behavior by any third parties during your use of this Service; and (6) any other matters concerning this Service.

19 Limitation of liability and remedy measures

The maximum liability of Huawei and its partners to you and the only remedy for any and all claims for damages, injuries and property losses arising out of the use of this Service or third-party services under this Agreement is to compensate you for the actual losses you incurred. The compensation to you shall not exceed the total amount you paid to Huawei for using this Service.

No content in this Agreement shall limit or exclude Huawei's liability for death or personal injury arising due to negligence or fraud by Huawei or any of its partners.

20 Compensation

You are obligated to indemnify Huawei and its board members, senior managers, employees, agents, partners, suppliers and licensors against any third-party compensation claims or lawsuits (including reasonable attorneys' fees) arising due to the following circumstances:

1. Submitting, publishing, sending or otherwise providing content using your account.

2. Using this Service and/or participating in promotional offers with your account.

3. Engaging in any behavior that violates the terms contained in this Agreement.

4. Engaging in any behavior that violates any third-party rights, such as the infringement of any third-party intellectual property rights, or publishing any defamatory content or content that violates any confidentiality agreements.

5. Modifying or changing any content contained in this Service without prior permission.

The aforementioned obligations shall remain effective after the termination of this Agreement or after you stop using this Service.

21 Independent remedy measures

Clause 17 "Limitation of liability and remedy measures" and Clause 18 "Compensation" under this Agreement come into force independently even if the terms are believed to be unable to achieve their basic purpose or unable to be enforced in accordance with relevant laws. To the extent permitted by relevant effective laws, the limitations of legal liabilities in clauses 16 and 17 shall be applicable irrespective of (1) breach of contract, (2) breach of warranty, (3) wrongdoing or acts of infringement, including negligence and misrepresentation, (4) strict liability or (5) any other reason.

22 Applicable laws and jurisdiction

The conclusion, jurisdiction and interpretation of this Agreement shall be governed by the laws of Hong Kong regardless of conflict of law principles. You and Huawei agree that any disputes, claims and propositions arising out of the performance of this Agreement and acceptance of this Service under this Agreement shall be submitted to the Hong Kong International Arbitration Centre (HKIAC) and shall be governed by the HKIAC's arbitration rules. You and Huawei also agree to explicitly rule out the applicability of the United Nations Convention on Contracts for the International Sale of Goods. You will not use or export any services (including any software) violating US export control laws, regulations or provisions. To the maximum extent permitted by law, any claims or litigation claims shall be filed within one (1) year after which this Service was used. Otherwise, any claims shall be deemed invalid.

23 General

In the event that any content of these terms is judged by a court or other authority to be invalid, the content of the other terms shall not be affected, and the other terms shall be still binding and performable on both parties to the maximum extent permitted by law.

The headings in this Agreement are used for convenience only and do not have the force of laws or agreements.

Huawei may distribute all or part of the obligations under this Agreement at any time without prior notice. You shall not distribute obligations under this Agreement or distribute, transfer or sublicense rights under this Agreement.

You acknowledge that any failure by Huawei to implement or enforce any legal rights or remedies under this Agreement does not constitute a waiver thereof. These terms (including privacy policies, user guides (in the event that you have used Huawei devices) and any other terms established in accordance with relevant laws) constitute the entire agreement between you and Huawei concerning the use of this Service.

The translations of this Agreement are provided for reference purposes only. In the event that other language versions conflict with the English version, the English version shall prevail.

24 Termination

Terminating your account will permanently delete all data stored on your account, including all user content generated by your account. Please read this Agreement carefully before deciding to terminate your account.

You can terminate your account via your account settings or by ceasing to use this Service. Huawei reserves the right to terminate your account in accordance with the requirements of relevant laws, lawsuits and judicial/governmental organizations.

Huawei may permanently delete any or all of the data stored on your account immediately after the account's termination. However, Huawei may be required to retain a copy of this data in accordance with relevant legal requirements. In addition, information that you send to other users (such as messages) may not be deleted.

Terminating your account will not relieve you of any obligation to pay any charges accrued on or before the date of termination. Neither Huawei nor any third party shall be held liable for any consequences arising due to you being unable to access this Service after your account has been terminated. Clauses 3-10 and 13-21 shall remain effective after the termination of your account/this Agreement.

25 Events beyond Huawei's control

Huawei and its employees, agents or subcontractors assume no responsibility for the consequences arising out of failure to perform obligations, delayed performance of obligations and performance of any obligations under other agreements due to events beyond reasonable control ("Force Majeure").

In the event that a Force Majeure event occurs, Huawei is entitled to suspend the performance of any obligations under this Agreement and continue to perform the obligations after a certain respite period. Huawei will endeavour to end the Force Majeure event or find a solution so that Huawei can still perform its obligations during such an event.

26 Waiver of rights

During the performance of this Agreement, any failure by Huawei to perform obligations under this Agreement or exercise any rights or remedies does not constitute a waiver thereof. You shall not exempt Huawei from performance of its obligations. Any Huawei default waiver does not constitute exemption from any subsequent breach of contract. Unless Huawei explicitly expresses the intention to waive rights and notifies you in writing, the exemption of Huawei from any content under this Agreement shall be void.

27 Entire agreement

Prior to the effective date of this Agreement, any oral or written consultations shall not be construed to confer any statements, commitments, or promises. Even if you believe that you signed this Agreement because of your reliance on any misrepresentation made by Huawei, you will not be entitled to any remedies (unless the misrepresentation was made for fraudulent purposes).

You and Huawei are independent subjects. The conclusion of this Agreement does not establish any cooperation, joint venture or agent relationship between you and Huawei.

The branches and subsidiaries of Huawei are third-party beneficiaries of this Agreement. They may enforce this Agreement as parties to this Agreement.

28 Special provisions

You fully understand your personal information or any other information collected by Huawei may be stored and processed in other countries. You explicitly state and guarantee that you will not upload, synchronize, or transmit any software, technical data or other data governed by export control regulations of the US Bureau of Industry and Security through services provided by Huawei. In the event that you do not comply with the preceding guarantee, your behavior will be deemed as "export" behavior in accordance with US export control regulations and you may be subject to relevant penalties. To the maximum extent permitted by law, Huawei shall assume no responsibility for such behavior.

You explicitly state and guarantee that you will not upload, synchronize, process or transfer any data that may infringe upon the intellectual property rights of any countries outside your own.

Last updated: January 2018