HUAWEI AI Life User Agreement

Last updated: June 30, 2021

1. About Us

The AI Life app and its related technologies and functions (collectively, the "Services") are provided and operated by Huawei Device Co., Ltd. (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 the Agreement

This user agreement, the Privacy Notice and Statement, and other policies and information published or made available through the Services (collectively, the "Agreement") are the terms and conditions applicable to you with use of, and access to, the Services. The Agreement tells you who we are, how we will provide the Services to you, what we expect from users of the Services, what activities are permitted or not permitted, on or in connection with the Services, what to do if there is a service issue and other important information.

3. Your Acceptance of the Agreement

Please read the Agreement carefully. By accessing or using the Services, you are entering into a binding legal agreement with us and are agreeing to the Agreement. If you do not accept and agree to the Agreement, you must not access or use the Services. If you have questions regarding the Agreement or the policies and information published or made available through the Services, please contact us using the contact information below.

4. Eligibility

If you are a minor, you need to read this Agreement with your parent or legal guardian to ensure they clearly understand the content of this Agreement, before deciding to use the Services. Before obtaining consent from your parent or legal guardian, please do not use the Services. In addition, we advise parents or legal guardians exercise reasonable supervision and guidance over their child's use of the Internet, phones, and other devices.

You are subject to, and solely responsible for obeying, relevant laws and regulations of the jurisdiction in which you reside and from which you access or use any of the Services.

5. 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, the Agreement.

You are responsible for making all arrangements necessary to access the Services, including providing your compatible devices, console or platform, and Internet access, as well as ensuring that all persons who access the Services through your compatible devices, console or platform, and Internet connection acknowledge, agree to and comply with the Agreement.

6. Services

The Services are gateways to the AI Life eco-experience, which can not only discover and connect your mobile phones, tablets, AI speakers, wearables, TVs, and other HiLink-enabled end-products within your home network, but also create life-related scenes based on such products. The Services also provide you with personalized tips and interactions, as well as other convenient supporting services to better improve your user experience. You can use the Services to add and control linked devices, view their operating status, and conveniently purchase new smart home devices with in the app.

If you change service location, your data stored locally on your device will be deleted. In this case, you need to re-pair your smart home devices if your data has not been uploaded to the cloud. However, app permissions already granted don't need to re-granted.

The AI Life app integrates the Huawei Vmall service. Huawei Vmall merchants shall assume all corresponding legal obligations and responsibilities for the specific products and purchase orders on the website. Before using the feature, please carefully read the relevant service agreement, return policy, and other policies and documents related to Huawei Vmall.

7. Account Security

You must keep your HUAWEI ID username and password (hereinafter referred to as "Account Information") secret and confidential, and you must not share them with anyone else. We recommend that you choose a strong password and keep it in a safe place. You are responsible for keeping your password safe and shall bear any losses and liability incurred as a result of providing your Account and Transaction Information to a third party.

8. 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 the 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, unlawful, profane, pornographic, invasive of privacy or otherwise objectionable in relation to your use of the Services including without limitation, anything that facilitates illegal activity, depicts sexually explicit images, promotes violence, is discriminatory, is illegal or which could or does cause damage or injury to any person or property, 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 third party intellectual property rights.

Except as expressly set out in the Agreement or as permitted by applicable laws, you hereby agree and undertake:

1) Not to remove any copyright, trademark or other proprietary notices from any portion of the Services;

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 any such thing except to the extent that such actions cannot be prohibited 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 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 the 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 our intellectual property rights or those of any third party in relation to your access and/or use of the Services;

10) Not to collect the users' information, or otherwise access the Services or our systems, using automated means (for example, harvesting bots), or attempt to decipher any transmissions to or from the servers running the Services;

11) Not to develop, support or use software, devices, scripts, robots, 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 the 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 Our Content (defined below) or data.

9. Using Huawei Content

Huawei and/or its licensors, retain all right, title and interest in and to the information (in any form including without limitation text, graphics, 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 looks and feels (collectively, "Huawei Content"). You should note that Huawei Content is protected by copyright, trademark, database rights, sui generis rights and other intellectual and industrial property laws (as the case may be), under national laws and international treaties. Your access 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 the Agreement.

You may not make alterations, copies, extractions, modifications or additions to Huawei Content, or sell, copy, disseminate or license it, or misuse Our Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use any Huawei Content, you must contact us in advance and obtain our prior written permission except if otherwise expressly provided in the Agreement. This is without prejudice to any rights you may have under applicable mandatory laws.

10. Monitoring the Services

You acknowledge that we have no obligation to monitor your (or anyone else's) access to or use of the Services for violations of the Agreement. However, we reserve the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Agreement and to comply with applicable laws or any order or requirement of a court, consent decree, administrative agency or other governmental body. We reserve the right to decide at any time whether Your Content is appropriate and in compliance with the Agreement, and may pre-screen, move, refuse, modify and/or remove Your Content at any time, without prior notice and at our sole discretion, if Your Content is found to be in violation of the Agreement or is otherwise objectionable in any way.

The Services are only available to users in M ainland China. If you're using a non-Chin ese network or device, you will not be able to use or access relevant services. Huawei does not assume any responsibility for a user's inability to access related services due to the foregoing or other reasons.

11. 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 statement about the Services.

12. Disclaimer

The Services are for your sole use only and must not be used by any third party. You agree that Huawei and its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors and distributors (collectively "Huawei Parties") are not liable for any loss caused by any unauthorized use of the Services.

The Huawei Parties are not responsible for maintenance or other support services for 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. The Huawei Parties will not be liable for any claim arising from or related to such interruption, delay, disruption or similar failure.

To the maximum extent permitted by applicable laws in your jurisdiction, the Huawei Parties are not liable to you or to anyone else for any liability, loss, damages or compensation if you 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 delay or failure of a system or network communication 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 interruption due to hacker attacks or similar security breaches;

5) Any other reason 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 in your jurisdiction, the Huawei Parties disclaim all warranties, conditions or other terms of any kind, express or implied and make no guarantee, undertaking, representation or warranty:

6) In connection with the completeness or accuracy, reliability or timeliness of any of the content made available on or through the Services;

7) That the Services or the server(s) they are hosted on are free from defects, errors, viruses, bugs or other harmful elements;

8) That any defects in the operation or functionality of the Services will be corrected;

9) In connection with 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;

10) In connection with the security or error-free nature of the Services; or

11) In connection with 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 loss or damages caused in whole or in part by 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 and you may have additional rights. Nothing in the Agreement affects your rights that you are legally entitled to as a consumer and which you cannot contractually agree to alter or waive.

13. 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:

1) Loss of profits, income, revenue, data or goodwill;

2) 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 the amount you actually paid for the Services. You acknowledge and agree that the disclaimers and limitations of liability expressed in the Agreement are fair and reasonable.

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 the Agreement affects your rights that you are legally entitled to as a consumer and which you cannot contractually agree to alter or waive.

14. Indemnity

To the maximum extent permitted by applicable laws in your jurisdiction, you will hold harmless and indemnify the Huawei Parties from any claim, suit or action arising from or related to:

1) Your Content;

2) Your use of the Services;

3) Your violation or breach of the Agreement or any of applicable EULA;

4) Your infringement of third-party intellectual property or any other rights;

5) Similar actions or violations by any person using your HUAWEI ID, including in each instance any liability, damages, expense, litigation costs and lawyer's fees arising from such claim, suit, or action, including any claim for negligence.

You undertake and agree to promptly assist and cooperate as fully as reasonably required by any of the Huawei Parties in the defense of any such claim or demand. Huawei reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

15. Termination by You

You can terminate your account via your account settings or by ceasing to use the Services.

16. Termination and Suspension by Huawei

Subject to applicable laws, we may temporarily or permanently suspend, cancel, or impose limits on or restrict your access to parts 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 in the following circumstances:

1) If you violate, or Huawei believes you are about to violate, the Agreement, including any incorporated agreements, policies or guidelines;

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 order to carry out urgent maintenance work or urgent updates to systems or hardware;

5) Due to unexpected technical, safety, business or security reasons.

Any user whose use of or access to the Services has been suspended, terminated or deactivated by Huawei may not create a HUAWEI ID or access the Services without Huawei's prior written consent.

The expiry or termination of the Agreement does not affect the provisions of the Agreement that are expressed to operate or have effect after deactivation or termination and is without prejudice to any accrued rights or obligations or any rights or obligations which are intended to survive such deactivation or termination.

17. Changes to the Services

Huawei is constantly innovating, changing and improving the Services. Huawei may add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop one of the Services.

We will inform you within a reasonable period of time of any changes to the Services that will materially disadvantage the users or materially limit the access or usage of the Services. We may not inform you beforehand about modifications to the Agreement or changes to the Services that do not materially disadvantage the users or do not materially limit the access or usage of the Services. For changes to the Services 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 practicable.

18. Changes to the Agreement

Huawei can make changes to the Agreement at any time and post additional specific terms, codes of conduct or guidelines that govern a particular part, parts or all of Huawei's Services. The most recent version of the Agreement will be accessible in the Services and you should regularly check for the most recent version, as the most recent version is the one that applies.

If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. For modifications to the 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 practicable.

If you continue to use the Services after the changes become effective, you will be deemed to have accepted those changes. If you do not agree to these changes, you must end your relationship with Huawei by ceasing to use the Services. Any amendment, variation or modification to the Agreement you purport to make shall not be binding on Huawei.

19. General Terms

The Agreement and the documents incorporated by reference constitute the entire agreement between you and Huawei with respect to your access and use of the Services.

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. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

The disclaimers, limitations and exclusions of liability, and indemnity provisions in the Agreement survive indefinitely after the expiry or termination of the Agreement.

Nothing in the 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 performance of its obligations under the Agreement or the provision of the Services that is caused or contributed to by matters beyond Huawei's reasonable control.

You may not assign or otherwise transfer any of your rights or obligations under the Agreement without prior written consent from Huawei, and any attempted assignment or transfer without such consent will be void. Huawei may assign, sub-contract or novate any of our rights and/or obligations under the Agreement and you agree to promptly execute any and all documents necessary or desirable for that purpose.

If you breach the Agreement and Huawei takes no action, Huawei will still be entitled to use our rights and remedies in any other situation where you breach the Agreement. If any provision (or part of a provision) of the Agreement is found by a court of competent jurisdiction or any other competent authority to be void, invalid or unenforceable, it shall be deemed to be deleted from the Agreement and all other provisions of the Agreement shall remain in full force and effect to the extent that the remaining provisions are capable of standing without the provision ruled void, invalid or unenforceable.

20. Applicable Laws and Dispute Settlement

The formation, interpretation and operation of the Agreement are governed by and construed in accordance with the laws of the People's Republic of China, without reference to its choice of laws.

The two parties agree that the Agreement is signed in Longgang District, Shenzhen, Guangdong Province, the People's Republic of China. Any disputes arising from the performance of the Agreement 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 the Agreement is signed.

21. Contacting Us

If you have any questions regarding the Agreement, please contact us using the following information:

950800