Beijing HHCC Plant Technology Co., Ltd.(hereinafter referred to as "HHCC") hereby reminds all users to carefully read and fully understand the Software License and Service Agreement (hereinafter referred to as "the Agreement"). Users should carefully read and fully understand the terms of the Agreement, particularly those pertaining to the exemption or limitation of HHCC's liability, dispute resolution, and applicable laws. Terms associated with the exemption or limitation of liability are indicated by bold text; please read them carefully. After reading the Agreement carefully, please decide whether you are willing to accept the terms listed herein (minors should read the Agreement together with a legal guardian). By downloading, installing, and using the Software or by opening and logging in to your account, you accept the terms of this Agreement and are legally bound by them.
HHCC reserves the right to modify this Agreement. Any amended terms shall be announced on the official website or included with the Software, and the new terms shall take effect on the date of publication. Users may download and reinstall the Software or browse the amended terms on the website. If you do not accept the amended terms of this Agreement, please immediately discontinue your use of the "HHCC" software and services provided by HHCC. By continuing to use the "HHCC" software and services provided by HHCC, users accept the amended terms of this Agreement.
1.1. This Agreement is the agreement entered into by and between you (hereinafter referred to as the "User") and HHCC and its operating partner (hereinafter referred to as the "Partner") concerning the download, installation, and use of the "HHCC" software (hereinafter referred to as the "Software") by the User, as well as the terms related to the use of HHCC's services.
1.2. The Software and services are provided by HHCC for installation on (including but not limited to) smart mobile devices, to provide services such as device pairing and operating smart products for the User who uses the said smart device.
1.3. The rights of ownership and operation of the Software and services are vested in HHCC.
2.1. HHCC grants the User a personal, non-transferable, and non-exclusive license to use the Software without the right to sublicense.
2.2. The User may install, use, display, and run the Software on a single mobile terminal device for non-commercial purposes. However, the User shall not install, use, or run the Software for the purpose of any commercial operation. The User shall not copy, alter or modify any data stored within the Software, any data released to the memory of any terminal device during execution of the Software or any data generated during the interaction between the client and the server during execution of the Software. The User shall not operate the Software through other software or create any derivative of the Software in any form, including but not limited to plug-ins, bots or accessing the Software and related systems through unauthorized third party tools/services. If you must sell, copy or distribute the Software commercially, such as for software pre-installation and bundling, a written authorization and permission from HHCC must be obtained in advance.
2.3. Without the permission of HHCC, the User shall not install the Software on other terminal devices that are not expressly permitted by HHCC, including but not limited to set-top boxes, game consoles, televisions, and DVD players.
2.4. The User may make a copy of the Software for the purpose of using the said Software and services, which shall be used only as a backup. All backup copies shall include the copyright information provided with the original software.
2.5. Except as expressly authorized by this Agreement, HHCC does not grant other rights to the User. If the User intends to exercise any other right, the written consent from HHCC shall be obtained in advance.
3.1. The User shall download and install the Software from the website or in the manner designated by HHCC. Be careful not to download the Software from undesignated websites, so as to prevent mobile devices from being infected by malicious programs that can destroy user data and acquire confidential user information. If you acquired the Software or an installation program with the same name as the Software from a third party that has not been authorized by HHCC, HHCC is unable to guarantee the normal functionality of such software and will not be liable for any losses you sustain from using such software.
3.2. The User must select the Software version that matches the terminal device it is to be installed on. Otherwise, any software problems, device problems or damages resulting from using an incompatible software version on the device model shall be solely assumed by the User.
3.3. In order to improve User experience and optimize service content, HHCC reserves the right to provide replacement, modified, and upgraded versions of the Software, as well as the right to charge for these replacements, modifications, or upgrades. However, your consent is required before such charges can be collected. The Software will enable the "upgrade prompt" feature by default for the User. Depending on the software version installed by the User, HHCC will provide the User with the decision whether to enable the said feature. After the new version of the Software is released, HHCC does not guarantee that older versions of the Software will continue to be usable.
4.1. The User may use the Software and services in accordance with this Agreement and relevant laws. The User shall not commit the following acts:
4.2. Information Publication Specifications
4.3. You understand and agree that:
5.1. The User must procure the device required for Internet access and the usage of telecom value-added services by the mobile terminal device, and bear the telecommunication fees, data fees, and related costs incurred by accessing the Internet or charged by third parties (including but not limited to telecommunications and mobile communication providers). If any telecom value-added services are needed, you are advised to confirm the costs with your telecom value-added service provider.
5.2. Neither HHCC nor its Partner is liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failures, technical problems, network or mobile terminal device failures, system instability issues, and other force majeure factors.
5.3. The Software, like most other Internet software, may be affected by differences in factors including but not limited to the user, network service quality and social environment, and may also be subject to intrusion from various security problems, such as the usage of User data by others that creates a disturbance in real life; other software downloaded and installed by the User or other websites visited by the User contain "Trojan horses" and other viruses that threaten the security of the User's terminal device information and data and then affect the normal use of the Software. The User shall strengthen data security and consciousness of protecting user information and must strengthen password protection to prevent losses and disturbance.
5.4. When the User uses the Software or requests HHCC to provide specific services, the Software may call upon a third party system or software to support the User's use or access. The results of the use or access will be provided by the third party. HHCC does not guarantee the safety, accuracy and effectiveness of the results achieved through the support of the said system or software, nor does HHCC assume any other uncertain risks; HHCC assumes no liability in the event that any dispute arises therefrom or damage is caused thereby.
5.5. HHCC specifically brings to the User's attention that, in order to protect the company's business development and right to make adjustments, HHCC has the right to modify or suspend the services at any time without notice to the User and without any liability to the User or any third party.
5.6. Except as expressly specified in laws and regulations, we will do our utmost to ensure that the Software and the technology and information involved are safe, effective, accurate and reliable; however, due to limitations in current technology, the User understands that HHCC cannot provide any guarantee.
5.7. The User shall be solely liable for compensation for any personal injury or incidental or indirect economic losses, including but not limited to compensation for profit loss, data loss and losses from interruption of business or any other commercial loss or compensation claim arising out of or in connection with any of the following circumstances:
5.8. For acts carried out through the Software between the User and other users of the Software, the liability for any personal injury or economic damages or losses that arise or may arise from the User having been misled or deceived shall be borne according to the law by the party at fault.
6.1. HHCC is the intellectual property right holder of the Software. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. relating to the Software, and all information related to the Software (including but not limited to text, pictures, audio, video, graphics, interface design, layout, data or electronic documents, etc.) are protected by the laws and regulations of the region you are currently living in and corresponding international treaties. HHCC enjoys the intellectual property rights described above.
6.2. Without the prior written consent of HHCC, the User shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, or permit any third party to do so. HHCC reserves the right to pursue legal liability for such acts.
7.1. HHCC has the right to amend the terms of this Agreement when necessary, and any such amended terms will be published on relevant web pages. If the User does not agree with the amended terms, the User shall cancel the service. The User's continuing to use the service constitutes acceptance of the amended terms of the Agreement.
7.2. HHCC and the Partner have the right to modify or change the paid services provided, the charging criteria, charging method, service charges and service terms according to their needs. When providing services, HHCC may start to charge some users certain fees either now or in the future. If the User refuses to pay such fees, the User will be unable to continue using relevant services after the new charge begins. HHCC and its Partner will do their utmost to notify the User of any amendments or changes by email or other means.
8.1. The validity and interpretation of this Agreement shall be governed by the laws of the Mainland of the People's Republic of China. In the absence of relevant legal provisions, international business practices and/or business practices may be used as references.
8.2. This Agreement is signed in Haidian District, Beijing.
8.3. Both the User and HHCC agree that any dispute arising from the services shall first be settled through consultations by the Parties. If no settlement can be reached through such consultations, either Party may submit the dispute to the court of competent jurisdiction over the district where this Agreement is signed.
9.1. For a specific service of the Software, there may be a separate agreement and related business rules, etc. (hereinafter collectively referred to as the "separate agreement"), so please read and agree to relevant separate agreement before using such specific service.
9.2. This Agreement shall enter into force on March 13, 2018.
9.3. The headings to all the terms of this Agreement are for ease of reference only and themselves contain no practical significance; they cannot be used in interpreting the meaning of this Agreement.
9.4. If any provision of this Agreement is or becomes invalid or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect and binding upon both Parties hereto.
Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.
In order to provide our services to you, we will ask you to provide personal information that is necessary to provide those services to you. If you do not provide your personal information, we may not be able to provide you with our products or services.
We will only collect the information that is necessary for its specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes. We may collect the following types of information (which may or may not be personal information):
We may also collect other types of information which are not directly or indirectly linked to an individual and which is aggregated, anonymized or de-identified. For example, the device model and system version number of the user’s Xiaomi mobile phone device may be collected when using a particular service. Such information is collected in order to improve the services we provide to you.
We may use your personal information for the following purposes:
Here are more details on how we use your information (which may include personal information):
We do not sell any personal information to third parties.
We may disclose your personal information on occasion to third parties (as described below) in order to provide the products or services that you have requested.
Disclosure may be made to Third Party Service Providers and affiliated companies listed in this section below. In each case described in this section, you can be assured that Xiaomi will only share your personal information in accordance with your consent. Your consent to Xiaomi will engage sub-processors for the processing of your personal information. You should know that when Xiaomi shares your personal information with a Third Party Service Provider under any circumstance described in this section, Xiaomi will contractually specify that the third party is subject to practices and obligations to comply with applicable local data protection laws. Xiaomi will contractually ensure compliance by any Third Party Service Providers with the privacy standards that apply to them in your home jurisdiction.
From time to time, in order to conduct business operations smoothly in providing you with the full capabilities of our products and services, we may disclose your personal information from time to time to other Xiaomi affiliated companies (in communications, social media, technology or cloud businesses), or our third party service providers which are our mailing houses, delivery service providers, telecommunications companies, data centers, data storage facilities, customer service providers, advertising and marketing service providers, agents acting on behalf of Xiaomi, [related corporations, and/or other third parties] (together “Third Party Service Providers”). Such Third Party Service Providers would be processing your personal information on Xiaomi’s behalf or for one or more of the purposes listed above. We may share your IP address with third parties when using certain mobile applications on our device in order to provide you with some of the services you requested. If you no longer wish to allow us to share this information, please contact us at firstname.lastname@example.org.
Xiaomi works together with a cool group of companies, which together form the Mi Ecosystem. The Mi Ecosystem companies are independent entities, invested and incubated by Xiaomi, and are experts in their fields. Xiaomi may disclose your personal data to the Mi Ecosystem companies so as to provide you with and improve the exciting products and services (both hardware and software) from the Mi Ecosystem companies. Some of these products and services will still be under the Xiaomi brand, while others may use their own brand. The Mi Ecosystem companies may also share data with Xiaomi from time to time in relation to products and services under the Xiaomi brand and other brands owned by Xiaomi to provide hardware and software services, and to create better functions and user experience. Xiaomi will take appropriate organizational and technical measures to ensure the security of personal data during the process of sharing of information, including but not limited to the encryption of your personal data. If Xiaomi is involved in a merger, acquisition or asset sale of all or a portion of our assets, you will be notified via email and/or a prominent notice on our website, of any changes in ownership, uses of your personal information, and choices you may have regarding your personal information.
Xiaomi may disclose your personal information without further consent when required under applicable law.
We are committed to ensuring that your personal information is secure. In order to prevent unauthorized access, disclosure or other similar risks, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure the information we collect on your mobile device and on Xiaomi websites. We will use all reasonable efforts to safeguard your personal information.
For example, when you access your Mi Account, you can choose to use our two-step verification process for better security. When you send or receive data from your Xiaomi device to our servers, we make sure they are encrypted using Secure Sockets Layer (“SSL”) and other algorithms.
All your personal information is stored on secure servers that are protected in controlled facilities. We classify your data based on importance and sensitivity, and ensure that your personal information has the highest security level. We make sure that our employees and Third Party Service Providers who access the information to help provide you with our products and services are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet such obligations. We have special access controls for cloud based data storage as well. All in all, we regularly review our information collection, storage and processing practices, including physical security measures, to guard against any unauthorized access and use.
We will take all practicable steps to safeguard your personal information. However, you should be aware that the use of the Internet is not entirely secure, and for this reason we cannot guarantee the security or integrity of any personal information which is transferred from you or to you via the Internet.
We will take upon the personal data breach, notifying the breach to relevant supervisory authority or under some circumstances, notifying the personal data breach to the data subjects by complying with applicable laws, including your local data protection legislation.
Personal information will be held for as long as it is necessary to fulfill the purpose for which it was collected, or as required or permitted by applicable laws. We shall cease to retain personal information, or remove the means by which the personal information can be associated with particular individuals, as soon as it is reasonable to assume that the purpose for which that personal information was collected is no longer being served by retention of the personal information. If further processing is for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes according to the applicable laws, the data can be further retained by Xiaomi even if the further processing is incompatible with original purposes.
Our applications may need access to certain features on your device such as enabling emails to contacts, SMS storage and Wi-Fi network status, as well as other features. This information is used to allow the applications to run on your device and allow you to interact with the applications. At any time you may revoke your permissions by turning these off at the device level or contacting us at email@example.com.
Xiaomi recognizes that privacy concerns differ from person to person. Therefore, we provide examples of ways Xiaomi makes available for you to choose to restrict the collection, use, disclosure or processing of your personal information and control your privacy settings:
You may obtain more details in relation to your device’s security status in the MIUI Security Center as well.
If you have previously agreed to us using your personal information for the abovementioned purposes, you may change your mind at any time by writing or emailing us at firstname.lastname@example.org.
To the extent that we may need to transfer personal information outside of your jurisdiction, whether to our affiliated companies (which are in the communications, social media, technology and cloud businesses) or Third Party Service Providers, we shall do so in accordance with the applicable laws. In particular, we will ensure that all transfers will be in accordance with requirements under your applicable local data protection laws by putting in place appropriate safeguards. You will have the right to be informed of the appropriate safeguards taken by Xiaomi for this transfer of your personal information.
Whenever Xiaomi shares personal data originating in the EEA with a third party which may or may not be a Xiaomi entity outside the EEA, we will do so on the basis of EU standard contractual clauses or any other safeguards provided for in the GDPR.
Here are third party terms and privacy policies that apply when you use these specific products:
Depending on your jurisdiction, you may be able to log in to our website using sign-on services such as Facebook Connect or an Open ID provider. These services will authenticate your identity, provide you the option to share certain personal information (such as your name and email address) with us, and to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this website to your profile page to share with others within your network.
If you are Europe Union user under GDPR, Xiaomi will provide systematic approach to manage personal data deeply engages our people, management processes and information systems by applying a risk management methodology. According to the GDPR, for instance, (1) Xiaomi set up a Data Protection Officer (DPO) in charge the data protection, and the contact of DPO is email@example.com; (2) procedure like data protection impact assessment (DPIA).