1 About Us
HiSuite and its related technologies and functions (collectively, the "Services") are operated by Huawei Device Co., Ltd., a company incorporated under the law of the People's Republic of China, with its registered office at No. 2 Xincheng Road, Songshan Lake District, Dongguan, Guangdong Province, China (hereinafter referred to as "Huawei", "we", "us", or "our"). In this Agreement (as defined below), "you" and "user" refer to any individual that uses and/or accesses the Services.
2 Purpose of This Agreement
This user agreement, our privacy notice and statement (which you can view by going to HiSuite > About), and other policies and information published or made available through the Services (collectively, this "Agreement") are the terms and conditions applicable to you with regard to your use of, and access to, the Services. This Agreement tells you who we are, how we will provide the Services to you, what activities are permitted or not permitted, by or in connection with the Services, what to do if there is a service issue, and other important information. Please read this Agreement carefully. By using the Services, you are entering into a binding legal agreement with Huawei. If you do not accept this Agreement, you must not access or use the Services.
3 Eligibility
You must be 18 years of age or older, or have reached the age of majority for the legal jurisdiction that you reside in to access and use any of the Services. If you are under the age of 18 years, your parent or legal guardian must agree to the terms of this Agreement on your behalf in order for you to use the Services.
4 Accessing the Services
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services, subject to, and in accordance with, this Agreement.
5 The Services
For a Windows PC, the Services provide the following:
(1) My devices: allowing you to import, export, delete, and refresh contacts, SMSs, images, videos, and files on your phone, update and uninstall apps, and sync contacts and events from Outlook.
(2) Data backup: allowing you to back up your contacts, SMSs, call logs, notes, recordings, events, music, videos, documents, apps and data, system devices, and password vault.
(3) Data restoration: allowing you to restore the aforementioned data backups.
(4) System updates: allowing you to perform software update and rollback on the phone. To ensure service provisioning, you need to update the system software in a timely manner.
(5) System repairs: providing you with the system repair feature. If your phone encounters a system issue, for example, it cannot be powered on, you are advised to use this feature to repair the system.
For a Mac, the Services provide the following:
(1) My Devices: allowing you to import, export, delete, and refresh contacts, SMSs, images, videos, and files on your phone.
(2) Data backup: allowing you to back up your contacts, SMSs, call logs, notes, recordings, events, music, videos, documents, apps and data, system devices, and password vault.
(3) Data restoration: allowing you to restore the aforementioned data backups.
The Services are only intended for phones running official operating systems. Huawei does not make any service quality guarantees to those who use unofficial operating systems.
To ensure your service availability, you are encouraged to regularly check for the latest version of the Services, which are subject to software update or upgrade.
6 Terms of Use
By accessing and using the Services, you undertake and agree to do so in a legal and ethical manner and in accordance with this Agreement. You hereby acknowledge and agree that you shall not use the Services to transmit material, or otherwise engage in any activity that is dishonest, defamatory, tortious, harmful, obscene, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, profane, pornographic, invasive of privacy, or otherwise objectionable in relation to your use of the Services including without limitation, anything that facilitates illegal activities, depicts sexually explicit images, promotes violence, is discriminatory, illegal, could or does cause damage or injury to any person or property, or could give rise to any civil or criminal liability under applicable laws, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is in breach of any duty of confidentiality and/or infringes upon third-party intellectual property rights.
You hereby agree and undertake:
(1) Not to remove any copyright, trademark or other proprietary notices from any portion of the Services on behalf of yourself or others;
(2) Not to reproduce, make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of them to be combined with, or become incorporated in, any other programs;
(3) Not to gain or attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks;
(4) Not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Services, or attempt to do so beyond the extent allowed by applicable laws;
(5) Not to distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services;
(6) Not to provide or otherwise make available the Services in whole or in part (including the object and source code), in any form to any person without our prior written consent;
(7) Not to impersonate any person or falsely state or otherwise misrepresent your affiliation with a person or entity;
(8) Not to use the Services (or any part(s) thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, including without limitation, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services (or into the websites linked to the Services) or any operating system;
(9) Not to infringe upon our intellectual property rights or those of any third party in relation to your access to and/or use of the Services;
(10) Not to collect users' information, or otherwise access the Services or our systems, using automated means or attempt to decipher any transmissions to or from the servers running the Services;
(11) Not to develop, support, or use software, devices, scripts, or any other means or processes (including crawlers, browser plug-ins and add-ons, or any other technology or manual work) to scrape information from the Services or otherwise copy profiles and other data from the Services;
(12) Not to commercially exploit the Services without our prior written consent;
(13) Not to use the Services to engage in any illegal business transactions, such as selling firearms, drugs, illegal substances, pirated software, or other prohibited items;
(14) Not to provide gambling information or encourage others to gamble through any means;
(15) Not to solicit login information or access an account belonging to someone else;
(16) Not to engage in money laundering, illegal cash advances, or pyramid selling schemes;
(17) Not to attempt, facilitate or encourage any violations of this Agreement (or any part(s) thereof); and
(18) Not to use the Services in any manner which could damage, disable, overburden, impair or compromise the Services, our systems, or security, or interfere with other users or any other party's computer systems or hack or gain unauthorized access to the Services or Huawei Content (defined below) or data.
7 Huawei Content
Huawei and/or its licensors, retain all right, title, and interest in and to the information, in any form including but not limited to text, video and audio, images, icons, apps, designs, software, scripts, programs, copyrights, trademarks, trade names, logos, and other materials and services available on or through the Services, including their look and feel (collectively, "Huawei Content"). Your access to and/or use of any of the Services does not transfer to you or any other person any ownership or other rights in or to the Services, or their content, unless otherwise specified in this Agreement.
You may not make alterations, copies, extractions, modifications, or additions to Huawei Content, or sell, copy, disseminate, license, or misuse Huawei Content in any way. If you want to re-publish, extract, reproduce, disseminate, or otherwise use any of Huawei Content, you must contact Huawei in advance and obtain Huawei's prior written consent unless otherwise expressly provided in this Agreement. This is without prejudice to any rights you may have under applicable mandatory laws.
If you believe that the Services or any parts thereof infringe upon any copyright, trademark, patent, trade secret or other intellectual property right, or if you have other concerns regarding the Services, please notify us using the contact information provided in this Agreement.
8 Your Content
We do not claim any proprietary rights to the text, files, images, photos, or any other information you upload, post, or otherwise transmit to or through the Services (collectively "Your Content"). You continue to retain ownership and are entirely responsible for Your Content.
9 Monitoring the Services
You acknowledge that, in accordance with applicable laws and regulations, we may at any time, at our sole discretion and without notice to you, take such measures as we decide are necessary for the purposes of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes), ensuring your compliance with this Agreement, applicable laws, orders or directions of any court, consent decree, administrative agency, or other governmental body.
10 Privacy and Data Collection
In order to provide you with more robust services and help ensure the security of your transactions, Huawei will collect and process your personal information in accordance with the privacy notice and statement about the Services.
11 Disclaimers
The Services are for your sole use only and must not be used by any third party. You agree that Huawei and its affiliates, officers, directors, employees, contractors, agents, third-party payment service providers, partners, licensors, and distributors (collectively "Huawei Parties") are not liable for any losses caused by any unauthorized use of the Services.
Your use of the Services may be interrupted, delayed, or disrupted for an unknown period of time for reasons that are beyond our control. You agree that the Huawei Parties will not be liable for any claim arising from or related to such interruptions, delays, disruptions, or similar failures.
To the maximum extent permitted by applicable laws, the Huawei Parties are not liable to you or to anyone else for any damages if you or anyone else are unable to access or use the Services due to:
(1) Any suspension or termination of the Services by Huawei to enable maintenance work or updates to systems, software or hardware to be carried out;
(2) Any communication delay or failure of a system or network that is owned or controlled by someone other than Huawei;
(3) Any suspension, cancellation, or termination of any contract or other arrangements between Huawei and any of its third-party payment service providers;
(4) Any errors or interruptions due to hacking attempts or similar security breaches;
(5) Any other event or occurrence beyond Huawei's reasonable control.
The Services are provided on an "as-is" and "as-available" basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable laws, the Huawei Parties disclaim all warranties, conditions, or other terms of any kind, express or implied, and make no guarantee, undertaking, representation, or warranty for the following: (a) The completeness, accuracy, reliability or timeliness of any of the content made available on or through the Services; (b) The Services or the server(s) they are hosted on are free from defects, errors, viruses, bugs, or other harmful elements; (c) Any defects in the operation or functionality of the Services will be corrected; (d) The specific functions of the Services, the reliability, quality, or accuracy of any information obtained by you as a result of your use of or access to the Services can be guaranteed; (e) The security or error-free nature of the Services; and (f) The Services' reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs or achieve certain results or outcomes. The Huawei Parties are not liable for any losses or damages to you caused in whole or in part by you relying upon, using, or interpreting the Services or other information obtained through your (or any other person's) access to and/or use of the Services.
The laws of some countries do not allow certain warranties, guarantees, or liabilities to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you. Nothing in this Agreement affects the rights that you are legally entitled to as a consumer, or which you cannot contractually agree or waive.
12 Limitation of Liability
To the maximum extent permitted by applicable laws in your jurisdiction, your access to and use of the Services is at your sole risk, and the Huawei Parties expressly exclude all liability, loss or damages incurred by you, or any other person, whether in contract, tort (including negligence) or under any other theory, for any of the following:
Loss of profits, income, revenue, data, or goodwill;
Special, indirect or consequential loss or damage.
The limitations and exclusions in the Agreement will apply whether or not Huawei has been advised of or should have been aware of the possibility of any losses arising therefrom.
If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to stop accessing and using the Services. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable laws in your jurisdiction, in no event will the Huawei Parties' total aggregate liability to you or to any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort (including negligence) or under any other theory exceed €50.00.
The laws of some countries do not allow certain warranties, guarantees or liabilities to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights. Nothing in this Agreement affects the rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive.
13 Termination by You
You can terminate this Agreement by ceasing to use the Services.
14 Termination or Suspension by Huawei
Subject to applicable laws, we may temporarily or permanently suspend, cancel, impose limits on, or restrict your access to part(s) or all of the Services at any time, without assuming liability for any individual or third party. We will endeavor to provide notice to you before we do this. However, we may not provide prior notice to you, and may immediately, permanently, or temporarily, impose limits on, cancel, suspend, or restrict your access to parts or all of the Services under the following circumstances:
(1) If you violate, or Huawei believes that you are about to violate, this Agreement, including any agreements, policies, or guidelines incorporated herein;
(2) If you, or anyone acting on your behalf, acts fraudulently or illegally, or provides Huawei with any false or misleading information;
(3) In response to requests by law enforcement or other government agencies under valid legal process;
(4) In case of urgent maintenance work or urgent updates to systems or hardware; or
(5) Due to unexpected technical, safety, business, or security reasons.
The expiry or termination of this Agreement does not affect the provisions of this Agreement that are expressed to operate or have effect after the expiry or termination thereof, and is without prejudice to any accrued rights or obligations or any rights or obligations which are intended to survive such expiry or termination.
Any provisions of this Agreement which expressly or by their nature are intended to survive the termination of this Agreement shall remain in full force and effect subsequent to and notwithstanding such termination, until such provisions are satisfied or expire due to their natures.
15 Changes to This Agreement
Huawei is constantly updating, changing, and improving the Services. Huawei may add or remove functions or features, create new limits to the Services, or temporarily or permanently suspend or stop any certain service. Huawei may also modify this Agreement at any time based on updates to the Services.
We will inform you within a reasonable time period of any changes to the Services or this Agreement that will materially disadvantage users or materially limit their access to or use of the Services. For changes to this Agreement that we need to make to meet security, safety, legal, or regulatory requirements, we may not be able to meet the aforementioned timescales and we will update you about these changes as soon as is practicable.
16 General Terms
The Services or third parties may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. We are not responsible or liable for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such websites or resources.
Nothing in this Agreement shall be construed to create a partnership or agency relationship between you and Huawei, and neither party shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements in the name of or on behalf of the other.
Huawei is not liable for any failure or delay in the performance of its obligations under this Agreement or the provision of the Services that is caused by or attributed to matters beyond Huawei's reasonable control.
Huawei may assign, sub-contract, or novate any of its rights and obligations under this Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction or any other competent authorities to be void, invalid, or unenforceable, it shall be deemed to be deleted from this Agreement and all other provisions of this Agreement shall remain in full force and legally effective.
This Agreement constitutes the entire understanding between you and us concerning the Services, and you acknowledge and agree that you have not relied on or been induced to enter into this Agreement on the basis of any representation, warranty, or undertaking which is not in this Agreement.
17 Governing Laws and Jurisdiction
The formation, interpretation, and operation of this Agreement are governed by and construed in accordance with the laws of the People's Republic of China. You and Huawei agree that this Agreement is signed in Longgang District, Shenzhen, Guangdong Province, China. Any dispute arising from the performance of the contracts between the two parties shall be settled through negotiation. If the negotiation fails, either party can file a lawsuit with the people's court with proper jurisdiction in the place where this Agreement is signed.
If you are a consumer living in a European Union country, you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. The European Commission provides an online dispute resolution platform, which you can access at http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us.
18 Contacting Us
If you have any questions regarding this Agreement, please contact us using the following information: hisuite@huawei.com.