HUAWEI AI Life User Agreement

Last updated: August 30, 2022

1 About Us

AI Life and related technologies and functions (collectively, the "Services") are operated by Huawei Software Technologies Co., Ltd. (hereinafter referred to as "Huawei"). In this Agreement, "you" and "user" refer to any individual that uses and/or accesses the Services.

2 Purpose of This Agreement

This user agreement and other service terms, rules, or notices published by Huawei for 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, especially any clauses about exclusion or limitation of liability, governing laws, dispute resolution, and other important terms written in bold to draw your attention.

Once you agree to this Agreement or use the Services as prompted on the screen, it is deemed that you have entered into a binding legal contract with Huawei, and Huawei will perform its applicable contractual obligations in accordance with this Agreement. If you do not agree to this Agreement, you must not access or use the Services.

If you have any questions regarding this Agreement, please contact us using the contact information provided in the "Contacting Us" section.

3 Requirements on Using the Services

You explicitly declare and undertake that you have sufficient legal rights or authorization to sign and fulfill this Agreement. Your signing and fulfillment of this Agreement will not cause conflicts with or breach of any other agreement or arrangement you shall perform.

If you are a minor (under the age of 18), please read this Agreement with your parents or legal guardians to ensure that they clearly understand the content of this Agreement before you decide to use the Services. Please do not use the Services before you have obtained consent from your parents or legal guardians. In particular, if you are a child (a minor under the age of 14), please make sure to notify your parents or legal guardians about carefully reading with you this Agreement and the Huawei Consumer Business Statement About Children's Privacy Protection(https://consumer.huawei.com/cn/privacy/child-policy/) specifically formulated by us before you use our services, and use our services or provide information to us with the consent and guidance of your parents or legal guardians. In addition, we advise parents or legal guardians to exercise reasonable supervision and guidance over their child's use of the Internet, mobile phones, and other devices.

To use the Services, you must have one or more devices that are compatible with the Services and have connected to a wireless mobile data service network.

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.

You must have a HUAWEI ID to access or use the Services. As required for the network real-name system in compliance with applicable laws and regulations, you shall accurately and fully provide your information as prompted on the HUAWEI ID registration/login page. You understand and agree that you are obligated to ensure the authenticity and validity of the information you provide. For more details about HUAWEI ID, access your HUAWEI ID, then go to Settings > About > HUAWEI ID User Agreement.

If you only want to use the browsing service, you do not need to register or log in to any HUAWEI ID. If you want to use other features in the Services, you need to register or log in to your HUAWEI ID. As required for the network real-name system in compliance with applicable laws and regulations, you shall accurately and fully provide your real identity information as prompted on the HUAWEI ID registration/login page. You understand and agree that you are obligated to ensure the authenticity and validity of the information you provide. For more details about HUAWEI ID, access your HUAWEI ID, then go to Settings > About > HUAWEI ID User Agreement.

5 The Services

The Services comprise an Internet app provided by Huawei that features smart home assistant services for consumers. The Services provide Trial and Full modes. In Full mode, you can choose to use all the following services and features. In Trial mode, you can only use basic services to locally manage smart devices, such as routers. You can change the mode by going to > App mode.

5.1 Account login

When you use AI Life services and manage your smart devices, you should verify your identity through account login.

5.2 Basic services of smart device management and cloud services

Basic services of smart device management and cloud services provide you with services to discover, link, control, or manage smart devices.

5.3 Smart voice-controlled devices

The smart voice-controlled devices feature allows you to manage smart voice-controlled devices services, such as using voice commands to control devices, querying the weather, and checking the content playback history on a device.

5.4 Help and feedback

AI Life provides you with the online feedback feature. You can send your problems and suggestions during the use of AI Life to us.

5.5 Smart device and app updates

With the Check for updates and Device updates features, you can check for and update the app and the smart device firmware.

5.6 Scene and family management and device sharing

With the scene feature, you can customize a scene, or use the recommended scene of smart devices linkage to quickly set up a scene that is suitable for you.

With the family management feature, you can set a family group, and manage family members and devices.

With the device sharing feature, you can share your device with other users.

5.7 Vmall

In AI Life, you can purchase, return, or replace products through Vmall.

5.8 Forum

The forum feature has integrated the forum service of Huawei Club. You can browse the forum, or publish posts and leave comments in the forum after you log in to your account.

5.9 Music and audio content

If you have linked a Huawei AI speaker in the AI Life app, the music and audio content feature in the app will display content available from the speaker, allowing you to query and play music and audio content on the speaker and to set up and use skills for the speaker.

5.10 Satisfaction survey

To improve our product experience, we will push the user experience improvement survey to you through the satisfaction survey feature. After you choose to take our survey, we will collect your survey answers to analyze your experience in using the product.

5.11 Business intelligence

In order to evaluate the quality of AI Life services and improve user experience, AI Life has integrated the business intelligence feature.

5.12 AI Life service operation

To provide the services for AI Life service operation and improve user experience, AI Life has integrated the sign-in lucky draw and L-Points redemption features.

5.13 User experience improvement program

To deal with faults and improve user experience, AI Life provides the user experience improvement program. Logs of the AI Life app and smart devices will be automatically collected and uploaded to the server for analysis to check the device running status and identify and locate device faults.

You understand and agree that the Services are provided to you by Huawei on an "as-is" and "as-available" basis. Huawei has the right to determine the form and content of the Services and to change, suspend, or terminate some or all of the Services.

6 Purchasing

You explicitly acknowledge and agree that Huawei is entitled to charge you for some special services or change service prices, or adjust your rights and privileges based on business changes. If the currently effective laws and regulations require notifying users in advance, Huawei will notify you at appropriate time in advance. After a new price or privilege rule takes effect, you need to accept the new price before you can continue to use the Services. If you do not accept the new pricing or rules, you have the right to stop using the Services.

7 Account Security

You must keep your HUAWEI ID username and password, In-App Purchases (IAP) password (hereinafter collectively referred to as "Account and Transaction 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.

If you think that someone else might be using your Account and Transaction Information, you should let us know immediately using the contact information provided in the "Contacting Us" section. You must not use anyone else's HUAWEI ID to use or access the Services. Any disputes arising therefrom shall be borne by you. You must take appropriate steps to protect your Account and Transaction Information to prevent unauthorized use by third parties.

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 this Agreement.

In connection with your use of the Services, you undertake:

(a) Not to upload, download, store, duplicate, publish, transmit, send by email, or otherwise provide any such content prohibited by applicable laws, regulations, or policies that:

i. Violates the fundamental principles of the Constitution;

ii. Compromises national security, divulges state secrets, subverts state power, or undermines national unity;

iii. Impairs the national honor and interests;

iv. Incites ethnic hatred or discrimination or disrupts ethnic solidarity;

v. Disrupts the religious policies of the country or publicize evil cults or feudal and superstitious ideologies;

vi. Spreads rumors, disrupts social order, or undermines social stability;

vii. Spreads or describes content that involves obscenity, pornography, gambling, violence, murder, terror, or abets crimes;

viii. Insults, defames, or infringes on the legal rights and interests of others;

ix. Endangers social morality or the excellence of national cultural traditions;

x. Infringes upon any third party's patent rights, copyrights, trademark rights, reputation rights, or any other legitimate rights and interests; or

xi. Is otherwise prohibited by laws or administrative regulations.

(b) Not to infringe upon others' privacy, business secrets, trademark right, copyright, patent right, and other lawful rights;

(c) Not to engage in any illegal transactions, such as selling firearms, drugs, illegal substances, or other prohibited items;

(d) Not to plan to engage in or engage in money laundering, credit card kiting, or other illegal financial transactions;

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

(f) 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;

(g) Not to gain or attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks;

(h) 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;

(i) Not to distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services;

(j) 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;

(k) Not to impersonate any person or falsely state or otherwise misrepresent your affiliation with a person or entity;

(l) 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;

(m) Not to infringe upon Huawei's intellectual property rights or those of any third party in relation to your access to and/or use of the Services;

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

(o) 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;

(p) Not to commercially exploit the Services without our prior written consent;

(q) 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;

(r) Not to provide gambling information or encourage others to gamble through any means;

(s) Not to solicit login information or access an account belonging to someone else;

(t) Not to engage in money laundering, illegal cash advances, or pyramid selling schemes;

(u) Not to attempt, facilitate, or encourage any violations of this Agreement (or any part(s) thereof);

(v) 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; and

(w) Not to otherwise violate applicable laws, regulations, and policies or the terms contained in this Agreement.

9 Huawei Content

Unless otherwise specified by laws and regulations or agreed by Huawei and you, Huawei and/or its upstream licensors, retain all right, title, and interest in and to the information in any form including 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, as well as their look and feel (collectively, "Huawei Content"). Your access to and/or use of any of the Services does not transfer any ownership 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 part thereof infringes 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 the "Contacting Us" section.

10 User Content

User Content refers to the information, content, and materials formed by the user through the use of the Services, such as graphics, text, images, sound, video, software, and data files. You shall assume full responsibility for the User Content uploaded, downloaded, released, sent by email, transmitted, or stored by you or in the name of your account. As Huawei does not control or access User Content, Huawei does not guarantee the accuracy, integrity, or appropriateness of any User Content. You agree that you shall solely assume the risks arising from your use of the User Content of other users of the Services. Huawei does not assume any responsibility for any User Content that you consider vulgar, offensive, indecent, or inappropriate.

11 Privacy and Personal Information Protection

We attach great importance to the protection of your personal information and privacy. You understand and agree that during your use of the Services, we will process your personal information in accordance with the Statement About HUAWEI AI Life and Privacy(https://privacy.consumer.huawei.com/legal/smarthome/privacy-statement.htm?code=CN&branchid=3000&language=en-us) (the "Privacy Statement") as necessary for the purposes of providing the Services or based on your consent. Therefore, you need to carefully read the separately presented Privacy Statement to understand the purposes and methods of our personal information processing, types and retention periods of the personal information we process, methods and procedures for you to exercise your user rights, and measures taken by Huawei to protect your personal information.

12 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:

(a) Any suspension or termination of the Services by Huawei to enable maintenance work or updates to systems, software or hardware to be carried out;

(b) Any communication delay or failure of a system or network that is owned or controlled by someone other than Huawei;

(c) Any suspension, cancellation, or termination of any contract or other arrangements between Huawei and any of its third-party payment service providers;

(d) Any errors or interruptions due to hacking attempts or similar security breaches; or

(e) 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 be applicable. Nothing in this Agreement affects the rights that you are legally entitled to as a consumer.

13 Indemnification

To the maximum extent permitted by applicable laws in your jurisdiction, you shall hold harmless and indemnify the Huawei Parties from and against any and all claims, suits, or actions arising from or related to:

(1) Your Content;

(2) Your use of the Services;

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

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

(5) Similar actions or violations by any person using your HUAWEI ID,

Including any liabilities, damages, expenses, litigation fees, and attorney's fees incurred by disputes, complaints, and lawsuits arising from the aforementioned situations. You undertake and agree to promptly assist and cooperate as fully as reasonably required by any of the Huawei Parties.

14 Termination by You

You can go to Me > Settings > About > Disable service to withdraw your consent to the use of your personal information and stop using AI Life services. However, you will need to give your consent again the next time you use the services.

After you terminate this Agreement, Huawei may immediately and permanently delete any and all of the materials, files, and stored content under your account. However, based on certain legal and practical factors, Huawei may not be able to delete backup copies of such data. In addition, content that you send to other users, including messages, may not be able to be deleted.

Terminating AI Life services will not relieve you of any obligation to pay any charges accrued on or before the date of termination. Neither Huawei nor any third party shall accept liability for any consequences arising due to you being unable to access the Services after your account is terminated.

15 Termination or Suspension by Huawei

Subject to applicable laws, we may suspend, restrict, cancel, or terminate your access to part(s) or all of the Services at any time, without assuming liability to any individual or third party. We will endeavor to provide notice to you before we do this. However, we may immediately suspend, restrict, cancel, or terminate your access to part(s) or all of the Services without prior notice under the following circumstances:

(a) If you violate, or Huawei believes that you are about to violate, this Agreement, including any agreements, policies, or guidelines incorporated herein;

(b) If you, or anyone acting on your behalf, acts fraudulently or illegally, or provides Huawei with any false or misleading information;

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

(d) In case of urgent maintenance work or urgent updates to systems or hardware;

(e) 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.

16 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.

The updated Agreement will replace the original Agreement once released. We will push an agreement update notice on the screen in a timely manner. If you do not accept the updated terms, please stop using the Services immediately. Your continued access to or use of the Services shall be deemed as your acceptance of the updated Agreement.

We will inform you within a reasonable time period of any changes to this Agreement that will materially disadvantage users or materially limit their access to or use 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 is practicable.

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.

18 General Terms

You fully understand that your personal information or any other information collected by Huawei may be stored to and/or processed in other countries. You expressly represent and warrant that you shall not (and Huawei shall not approve you to) use services provided by Huawei to upload, sync, or transfer software, technical data, and/or other data that is subject to the Export Administration Regulations (EAR) of the US Bureau of Industry and Security. If you violate the aforementioned undertakings, your actions shall be considered as the export of goods under the EAR and you may therefore be subject to penalties. Huawei shall not assume any liabilities to the largest extent permitted by law.

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's branches and subsidiaries are third-party beneficiaries of this Agreement. They may enforce this Agreement as parties to this Agreement. Huawei has the right to transfer, subcontract, or replace Huawei's rights and obligations under this Agreement without diminishing your rights and interests.

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.

19 Contacting Us

If you have any questions regarding this Agreement, please contact us using the following information: 950800.