HUAWEI ID

HUAWEI ID User Agreement

1. About Us

HUAWEI ID (as defined below) is operated by Aspiegel Limited (hereinafter referred to as ("Huawei", "we", "us" or "our"), a company incorporated under the laws of Ireland with company number 561134 and registered office at Unit 1B/1C Sandyford Business Centre, Burton Hall Dublin 18, Ireland. In these Terms (as defined below), "you" and "User" refers to any individual that uses and/or accesses HUAWEI ID.

2. Purpose of the Terms

These terms of service, our Privacy Notice, and the other policies and information published or made available through the HUAWEI ID (collectively, the "Terms") are the terms and conditions by which we provide you with use of, and access to, HUAWEI ID. The Terms tell you who we are, what we expect from Users of HUAWEI ID, what activities are permitted, and what activities are not permitted, on or in connection with HUAWEI ID, what to do if there is a problem, and other important information.

3. Your Acceptance of the Terms

Please read these Terms carefully. By creating and using a HUAWEI ID, you are entering into a binding legal agreement with us and warrant that you agree to these Terms. If you do not accept and agree to these Terms you must not create a HUAWEI ID. If there is anything you do not understand in these Terms or the other policies and information published or made available through HUAWEI ID, please contact us using the contact information below.

4. Eligibility

In order to create and use a HUAWEI ID you must be 13 years of age or older. Those aged 13 years or under are permitted to use Huawei services only if their parent or guardian creates a child account and accepts the Letter of Consent for the HUAWEI ID account.

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

5. Accessing HUAWEI ID

HUAWEI ID is your unique user account ("HUAWEI ID") which may be used to access all Huawei services, including HUAWEI Cloud, HUAWEI AppGallery, HUAWEI Themes, HUAWEI Video, HUAWEI Music and other Huawei services. Services may vary depending on your device model and/or country/region.

When you access any other Huawei services, you must also accept the terms and conditions that apply to the relevant Huawei service. Once you use HUAWEI ID to access any Huawei service, you are automatically logged into all other Huawei services. Similarly, if you log out of any Huawei service, you will be automatically logged out of any open Huawei service on your device. Services may vary depending on your device model and/or country/region.

You are responsible for making all arrangements necessary for you to have access to HUAWEI ID including providing your own compatible device, console or platform, Internet access, and (if applicable) payment method. You are also responsible for ensuring that all persons who access HUAWEI ID through your compatible device, console or platform, and internet connection are aware of these Terms, and that they comply with them in full at all times.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use HUAWEI ID, subject to, and in accordance with, the Terms.

6. Security

You must treat your HUAWEI ID username and password as secret and confidential, and you must not share them with anyone else. We recommend 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 HUAWEI ID details to a third party.

If you think that someone else might be using your HUAWEI ID or associated login details, you must let us know immediately using the contact information below in Section 20 "Contacting Us". You should also immediately change your password. You must not use anyone else's HUAWEI ID to access Huawei services. You must take appropriate steps to protect your HUAWEI ID account information, bank or credit card information, computer, mobile phone, other mobile devices, and SIM card information to prevent unauthorized use by third parties.

7. Acceptable Use

By accessing and using HUAWEI ID you undertake and agree to do so in a legal and ethical manner and in accordance with the Terms.

In the event that you breach any applicable laws and regulations, or Huawei's service agreement, Huawei reserves the right 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 reserves the right to terminate your use of the appropriate HUAWEI ID without issuing any further notice.

If you never log in to a HUAWEI ID that you have registered, or you do not log in for a period longer than the specified time, Huawei reserves the right to terminate your HUAWEI ID in order to free up HUAWEI ID resources for other users.

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 applicable laws and regulations, including but not limited to interruptions to communications and clearance of your profile, emails, game props, and relevant data.

8. Use of Our Content

We and/or our licensors, retain all right, title and interest in and to the information (in any form including without limitation text, graphical, video and audio), images, icons, applications, designs, software, scripts, programs, copyright, trademarks, trade names, logos, and other materials and services available on or through HUAWEI ID including its look and feel (collectively our "Content").

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

If you believe that HUAWEI ID or any part of HUAWEI ID infringes any copyright, trademark, patent, trade secret or other intellectual property right, or if you have other related concerns regarding the Services please notify us at huaweiid@huawei.com.

9. Monitoring of the Services

You acknowledge that we have no obligation to monitor your (or anyone else's) access to or use of HUAWEI ID for violations of these Terms. However, we reserve the right to do so for the purpose of operating and improving HUAWEI ID (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms and to comply with applicable law or any order or requirement of a court, consent decree, administrative agency or other governmental body.

10. Communication at Your Own Risk

We may communicate with you regarding HUAWEI ID by electronic communications using information you provided during the creation or updating of your HUAWEI ID. You agree that we may communicate with you by means of electronic communications regarding these Terms and any other matter relating to your access and use of HUAWEI ID. E-mail and other methods of transmitting information over the Internet are subject to interference or scrutiny by third parties and should be independently verified. We cannot ensure security and privacy of such communications and all risk in transmitting such communications shall be borne by you.

11. Privacy and Data Collection

In order to provide a more secure service and help ensure the security of your transactions, we will collect and process your information and technical data in accordance with our Privacy Notice.

12. Disclaimer

HUAWEI ID is for your sole use only and must not be used by any third party. You agree that we and our 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 HUAWEI ID.

The Huawei Parties are not responsible for maintenance or other support services for HUAWEI ID. Your use of HUAWEI ID may be interrupted, delayed or disrupted for an unknown period of time for reasons that cannot be controlled. 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 law 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 HUAWEI ID due to:

a. Any suspension or termination of HUAWEI ID by us to enable maintenance work or updates to systems, software or hardware to be carried out;

b. Any delay or failure of a system or network communication that is owned or controlled by someone other than us;

c. Any suspension, cancellation or termination of any contract or other arrangements between us and any of our third party payment service providers;

d. Any errors or interruption due to hacker attacks or similar security breaches;

e. Any other reason beyond our or their reasonable control.

HUAWEI ID is provided 'as-is' and on an 'as available' basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable law 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: (a) in connection with the completeness or accuracy, reliability or timeliness of any of the content made available on or through HUAWEI ID (b) that HUAWEI ID or the server(s) it is hosted on is free from defects, errors, viruses, bugs or other harmful elements; (c) that any defects in the operation or functionality of HUAWEI ID will be corrected; (d) in connection with the specific functions of HUAWEI ID, the reliability, quality or accuracy of any information obtained by you as a result of your use or access of HUAWEI ID; (e) in connection with the security or error-free nature of HUAWEI ID, (f) in connection with HUAWEI ID 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 using HUAWEI ID or other information obtained through your (or any other person's) access and/or use of HUAWEI ID.

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 Terms affects your legal rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive.

13. Limitation of Liability

To the maximum extent permitted by applicable law in your jurisdiction, your access and use of HUAWEI ID 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: (a) loss of profits, loss of income, loss of revenue, loss of data or loss of goodwill; and (b) special, indirect or consequential loss or damage. The limitations and exclusions in these Terms will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising therefrom.

If you are dissatisfied with any aspect of HUAWEI ID at any time, your sole and exclusive remedy is to stop accessing and using HUAWEI ID. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable law 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. You hereby acknowledge that we receive no payments from you for creating a HUAWEI ID and in light of this you hereby acknowledge and agree the disclaimers and limitations of liability expressed in these Terms are fair and reasonable.

The laws of some countries do not allow some or all of the limitations and exclusions described above. If these laws apply to you, some or all of the above limitations may not apply to you and you may have additional rights. Nothing in the Terms affects your legal rights that you are always entitled to as a consumer and which you cannot contractually agree to alter or waive.

14. Indemnity

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

• your use of HUAWEI ID or any other Huawei service;

• your violation or breach of any of these Terms;

• your infringement of third party intellectual property or any other rights or

• 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 defence of any such claim or demand. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

15. Termination By You

You can terminate your HUAWEI ID account via your account settings / Delete account.

Terminating your HUAWEI ID account will permanently delete all data stored on your HUAWEI ID account.

After your account is terminated, Huawei may immediately and permanently delete any and all of the data, files, and stored contents under your account.

16. Termination and Suspension by Us

Subject to applicable law, we may temporarily or permanently suspend or cancel or impose limits on or restrict your access to HUAWEI ID 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 HUAWEI ID.

a. If you violate, or we believe you are about to violate, the Terms, including any incorporated agreements, policies or guidelines;

b. You, or anyone acting on your behalf, acts fraudulently or illegally, or provides us with any false or misleading information;

c. In response to requests by law enforcement or other government agencies under valid legal process;

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

e. Due to unexpected technical, safety, business or security reasons.

Any User whose use or access to HUAWEI ID has been suspended, terminated or deactivated by us may not create a new HUAWEI ID without our prior written consent.

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

Sections 12, 13, 14, 15 and 18 and any other provisions which by their nature are intended to survive termination or expiry, shall survive termination or expiry of the relationship between you and us.

17. Changes to HUAWEI ID and Terms

We are constantly innovating, changing and improving our services. We may add or remove functions or features, create new limits to the HUAWEI ID, or temporarily or permanently suspend or stop HUAWEI ID or make changes to these terms.

We will tell you a reasonable amount of time in advance of any changes to the HUAWEI ID or these Terms that will materially disadvantage our Users or materially limit the access or usage of HUAWEI ID or other Huawei services. We may not tell you beforehand about modifications to the Terms or changes to HUAWEI ID that do not materially disadvantage our Users or do not materially limit the access or usage of HUAWEI ID or Huawei services. For changes to HUAWEI ID or these Terms that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to meet the timescales above and we will let you know about these as soon as practicable.

The most recent version of the Terms will be accessible from your HUAWEI ID 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 HUAWEI ID or via email.

If you continue to use HUAWEI ID 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 us by ceasing to use HUAWEI ID. Any amendment, variation or modification to these Terms you purport to make shall not be binding on us.

18. General

The Terms and the documents incorporated by reference constitute the entire agreement between you and us with respect to your access and use of HUAWEI ID.

HUAWEI ID 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 sites 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 sites 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

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

Nothing in the Terms shall be construed to create a partnership or agency relationship between you and us 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.

We are not liable for any failure or delay in performance of our obligations under these Terms or the provision of HUAWEI ID that is caused or contributed to by matters beyond our reasonable control.

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

If you breach any Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms. If any provision (or part of a provision) of these Terms 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 Terms and all other provisions of these Terms 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.

19. Governing Law and Jurisdiction

The formation, interpretation and operation of the Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Ireland. Except as otherwise provided by applicable law, you and we agree that the courts of Ireland have exclusive jurisdiction to hear and determine any dispute, claims, actions or proceedings that may arise out of or in connection with the Terms. However, this does not prevent us from instituting proceedings outside of Ireland.

You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. The European Commission provides for 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.

20. Contacting Us

If you have any questions regarding these Terms please contact us using the following information:

Email: huaweiid@huawei.com

Last modified: May 2018