This Agreement is between you and Huawei Technologies Deutschland GmbH. and its affiliates (hereinafter referred to as "Huawei"). It establishes the legal obligations and rights you will enjoy when you use Huawei cloud products, software, services and websites (hereinafter referred to as "this Service"). In this Agreement, "you" refers to any individual accessing and using this Service.
You explicitly state and guarantee that you have enough legal rights or are authorized to sign and perform this Agreement and that your signing and performance of this Agreement are not in conflict with any other agreement you shall perform or arrangements or result in breach of contract. You also guarantee that this Agreement has legal force on you and is enforceable when necessary.
1.1 Age requirement
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 of 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 requirement
To use this Service, you are required to have one or more compatible terminal devices, wireless mobile data services, relevant software and Internet connection (broadband connection is required when you use the Internet service) provided by an applicable network service provider. 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. This may bring about relevant costs to you. Factors such as hardware, software and Internet connection may affect your use of this Service. You are recommended to use a high-speed broadband Internet connection.
To use Huawei cloud service, you need to register a Huawei ID. Based on the Huawei device you own and the country you live in, we will provide you with different service contents. Some characteristic services may be unavailable on your device. For details, see the Huawei device user guide..
You commit that you will take responsibility for protecting your user name and password. Whereby, unless you notify Huawei that your account is stolen in advance, you will take responsibility for the behavior conducted in the name of your account. You must send the behavior that is beyond your control and violates this Agreement to firstname.lastname@example.org by email in advance.
Huawei adheres to the principle of consumer and quality service first. However, Huawei does not guarantee that all or any parts of cloud services are available, run properly or are non-defective at any time. Because some countries or regions do not provide the environment and conditions necessary for this Service, this Service may not work properly in these countries or regions. Therefore, the failure to provide services caused by this circumstance shall not be deemed as Huawei's breach of contract. For example, the services of the alpha version or trial version may not sometimes be running properly.
Huawei is entitled to change, delete, limit, stop accessing or stop providing all or any part of the services without notice on account of its reasonable consideration and choice.
In addition, Huawei does not commit to you that the information stored or acquired by using this Service will not be damaged, lost, unavailable or deleted. You understand and agree that you are obliged to back up all or any part of your information. You also understand and agree that, in the event that you use this Service on different terminal devices, the information you upload or download may be unavailable.
Notwithstanding the preceding provisions, Huawei or any third party cannot make any warranty 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 processing of your geographical location data and can disable the geographical location service by changing your device settings at any time.
Huawei insists on the philosophy of "enriching people's lives through communication" and "let's simply share" to provide you with superior services. You agree to reasonably use this Service, accept this Agreement and abide by any effective laws and regulations.
You agree not to use Huawei cloud service to implement any of the following:
(a) Upload, download, store, transfer, send by email or provide by other ways illegal, threatening, harmful, defamatory, insulting, violent, obscene, racially or ethnically discriminative or otherwise offensive content;
(b) Infringe upon others' privacy rights, business secrets, trademark rights, copyrights, patent rights and other rights;
(c) Engage in any illegal transactions, for example, selling guns, narcotics, forbidden drugs or other banned goods;
(d) Plan to or implement illegal activities such as money laundering and fraud;
(e) Conduct transactions by using invalid bank accounts or others' bank accounts;
(f) Conduct other behavior in violation of national laws, regulations, policies or this Agreement.
You explicitly admit and agree that Huawei is entitled to charge you for some special services or change service prices. In the event that the laws and regulations that have come into force require notifying users in advance, Huawei will notify you at an appropriate time in advance. After a new price takes effect, you need to accept the new price so that you can continue to use this Service. In the event that you do not agree with the change of the service price, you are entitled to terminate this Service before the price is changed. You may need to accept other third-party agreements or charges so as to use third-party services. You shall pay any applicable taxes in accordance with laws.
Some contents, parts or functions of services may come from third-party data and links. You understand and accept that Huawei assumes no responsibility for direct or indirect losses caused or claimed to be caused to you due to use or dependence on the services of third-party data and links.
"User contents" refer to the information, contents and materials formed when users use this Service, for example, diagrams, characters, images, voices, videos, software and data files. You shall assume full responsibility for the user contents uploaded, downloaded, released, sent by email, transmitted or stored by using your account or in the name of your account. As Huawei does not control or access user contents, Huawei does not guarantee the accuracy, integrity and appropriateness of any user contents. You agree that you will fully take the risks incurred due to use of user contents of other users of this Service. Huawei assumes no responsibility for any user contents you consider vulgar, repulsive, indecent or inappropriate.
9.1 Your authorization to Huawei
You declare and guarantee that you are entitled to or are authorized to transfer, distribute, disclose and use in any available ways user content uploaded, downloaded, released, sent by email, transmitted and stored in your account or in the name of your account in this Service.
Huawei does not require acquiring the ownership of the user content you have submitted or provided by using this Service. Nevertheless, you understand and agree 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 announce the content stored by users and retrieve user content for this purpose.
9.2 Huawei's authorization to you
Huawei hereby authorizes you an irrevocable, non-exclusive and non-transferrable license (hereinafter referred to as the "License") to use Huawei cloud service in accordance with this Agreement. You have read and agreed with the End User Software License Agreement and commit not to:
(1) Duplicate any part of this Service unless the 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, carry out reverse engineering or create any derivatives for any part or all of this Service, or attempt to do any of these things;
(4) Provide any third party in any way or make any third party use all or part of services (including but not limited to the program list, objects, source project list, target codes and source codes) without Huawei written consent;
(5) Use this Service in a cheating manner or for any cheating purpose;
(6) Delete any ownership statements or labels in this Service;
(7) Attempt to disable, bypass, modify, invalidate or evade in other ways any digital right management systems that are related to this Service or are an integral part of this Service.
Although Huawei endeavors to provide you with personalized services, you shall understand that this Service does not target or fully meet all your personal special requirements. Huawei does not guarantee that this Service described in any documents and its functions can meet your personal special 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 written consent of 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 term.
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.
In the scope allowed by laws, you explicitly agree that you will irrevocably grant Huawei all legal rights about any feedback you submit (including submitted suggestions and feedback provided for improving Huawei products and services). In addition, in the scope allowed by laws, you explicitly waive the right to claim to Huawei or to compensate for damages concerning the feedback contents you submit.
In accordance with requirements of laws, litigation, judicial organizations or government organs or under 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 in violation of this Agreement or any laws and regulations, please contact us by sending an email to email@example.com.
Huawei may occasionally update or modify this Agreement and send modified contents by email or by releasing an announcement in this Service. You may also visit https://hwid5.vmall.com/CAS/portal/agreements/EULA/en-us_EULA.html?version=europe 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 changed, you will be deemed to have accepted the changed 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 agreement terms, including but not limited to the agreement terms of your communications network carrier.
You shall respect Huawei and any third-party intellectual property rights. Huawei may delete or forbid accessing any contents suspected of being involved in infringement on intellectual property rights or other rights and is entitled to suspend any accounts or prohibit the accounts from using this Service for the reason of infringement upon Huawei intellectual property rights or any third parties. In the event that you know of such infringement acts, please contact us by sending an email to firstname.lastname@example.org.
Huawei will provide you with all notices of relevant laws and regulations by releasing the notices on the website and/or through this Service or by sending emails to any valid email addresses or mailing addresses you have provided to Huawei. You commit that the email addresses and mailing addresses you have provided to Huawei are valid and you will occasionally check these emails.
Huawei does not provide dedicated customer support for this Service unless otherwise specified.
Huawei and its partners do not provide any explicit or implicit representations or warranties, including but not limited to marketability and commercial availability, target a specific purpose or infringe upon any rights. Huawei and its partners do not make any warranties to the following circumstances: (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, as a part of this Service, will be corrected. Huawei is unable to control your network carrier and therefore cannot provide any warranties for the coverage, availability and quality of provided services. You shall assume the risks of all downloaded, acquired and accessed contents and other materials through this Service as well as 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. You may own other legal consumer rights, which shall not be influenced by this Agreement. In the event that local effective laws and regulations identify some legal provisions as invalid provisions, Huawei's violation of such laws will be limited to the minimum extent allowed by laws.
Some jurisdictions prohibit or rule out specific warranties or restrictions or rule out the liability for specific damages. Therefore, some disclaimers and limitations of responsibility may not apply to you. You explicitly understand and agree that Huawei and its affiliates, subsidiaries, management, directors, employees, agents, partners and authorized parties 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 services; (3) unauthorized access to or change 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 the Service; and (6) any matters concerning this Service.
The maximum and full liability of Huawei and its partners to you and the only remedy measure 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 are based on the fact of making up actual losses you suffered and the compensation to you shall not exceed the total amount of payments you have made to Huawei for the use of this Service.
Any contents in this Agreement shall not limit or rule out the liability for casualties arising out of negligence or fraud by Huawei or any of its partners.
In the following circumstances, you are obliged to cope with and protect Huawei and its directors, executives, employees, agents, partners, suppliers and licensors from claims or litigation claims from any third parties, including reasonable attorney fee, which are caused by the following circumstances: (1) submitting, releasing, transferring or making user content available during use of this Service in the name of your account; (2) using this Service and participating in activities in the name of your account; (3) any of your violations of this Agreement; (4) your infringement upon any third-party rights, for example, your infringement upon third-party intellectual property rights, release of defamatory contents to others or release of contents in violation of any non-disclosure agreement; or (5) modifying or changing any contents of this Service without authorization. The preceding obligations remain in force when you terminate this Service or this Agreement is terminated.
Term 16 "Limitations of liability for damages and remedy measures" and Term 17 "Compensation" under this Agreement come into force independently even if the terms are believed unable to achieve the basic purpose or unable to be enforced in accordance with laws. In the scope allowed by relevant effective laws, the limitations of legal liabilities in Terms 16 and 17 shall be applicable irrespective of (1) breach of contract, (2) breach of warranty, (3) mistakes or infringement acts, including negligence and misrepresentation, (4) strict liability or (5) any other reason.
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 and all disputes, claims and propositions arising out of performance of this Agreement and acceptance of this Service under this Agreement shall be submitted to the Hong Kong International Arbitration Center (HKIAC) and shall be governed by the 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. In the scope allowed by laws, any claims or litigation claims shall be filed within one (1) year in which this Service has been used. Otherwise, the claims shall be deemed invalid.
In the event that some contents of these terms are judged by a court or other authorities to be invalid, the contents of other terms shall not be influenced and other terms shall be still binding and performable on both parties to the maximum extent allowed by laws.
The titles of 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 agree that, in the event that Huawei does not require implementing or enforcing any legal rights or remedy measures under this Agreement, it does not mean Huawei has waived these rights or remedy measures and Huawei still reserves the exercise right. These terms (including privacy policies, user guides (in the event that you have used Huawei devices) and any other term established in accordance with laws) constitute the entire agreement between you and Huawei concerning the use of this Service.
The translations of this Agreement are for reference only. In the event that other language versions are in conflict with the English version, the English version prevails.
Terminating your account will result in permanent loss of all data stored under your account, including user content generated in your account. Please carefully read this Agreement before deciding to permanently terminate your account.
You can terminate your account by stopping using this Service or through settings in your account. Huawei may terminate your account in accordance with requirements of laws, litigation, judicial organizations or government organs.
After your account is terminated, Huawei may immediately and permanently delete any and all of the data, files and stored contents under your account. Based on some laws and realistic factors, Huawei may not be able to delete backup copies of the data. In addition, the contents you send to other users, including messages, may not be able to be deleted.
After your account is terminated, you are not exempted from the liability to pay any costs payable by you before the termination date (including the date) and Huawei and any third parties assume no responsibility for the consequence of failure to acquire this Service arising out of termination of your account. Terms 3 to 10 and terms 13 to 21 under this Agreement shall remain in force after your account or this Agreement is terminated.
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, namely events of 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 period of time. Huawei will endeavor to end the force majeure event or find a solution so that Huawei can still perform its obligations during the force majeure event.
During the performance period of this Agreement, in the event that Huawei fails to strictly perform obligations under this Agreement or Huawei does not exercise any rights or remedy measures, this does not mean Huawei waives these rights or remedy measures. You shall not exempt Huawei from performance of the obligations. Any Huawei default waiver does not constitute exemption from any later breach of contract. Unless Huawei explicitly expresses the intention to waive rights and notify you in writing, the exemption of Huawei from any contents under this Agreement shall be void.
Prior to the effective date of this Agreement, any oral or written consultation shall not be understood as giving or implying any statements, commitments or promises. Even if you believe that you sign this Agreement because of your reliance on any misrepresentation made by Huawei, you will not enjoy any remedies (unless the misrepresentation is made for the purpose of cheating).
You and Huawei are independent subjects. The conclusion of this Agreement does not mean that you and Huawei constitute any cooperation, joint venture or agent relationship.
The branches and subsidiaries of Huawei are third-party beneficiaries of this Agreement. They may enforce this Agreement as parties to this Agreement.
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 and other data constrained by export control regulations of the US Bureau of Industry and Security through services provided by Huawei, and do not accept such behavior. In the event that you do not comply with the preceding guarantee, your behavior will be deemed as "export" behavior stipulated by US export control regulations and you will face penalties incurred thereof. Huawei assumes no responsibility in the maximum scope allowed by laws.
You explicitly state and guarantee that you will not upload, synchronize, process or transfer any data that may infringe upon intellectual property rights of any countries outside your own.