Mi Account User Agreement

Welcome to register and use Mi Account!

This Agreement is entered into by and between you and Xiaomi Technology Co.Ltd. with respect to the registration and use of the Mi Account. Xiaomi Technology Co.Ltd. (hereinafter referred to as “Xiaomi”) hereby reminds you to carefully read and fully understand the terms and conditions of this Agreement, especially the clause of service fees, the exemption and limitation of Xiaomi’s liability, restrictions on your rights, dispute resolution, applicable law, etc. These terms are emphasized in bold form. Please read carefully and choose to accept or not accept this Agreement (Minors shall be under the guidance of a guardian or legal representative while reading this Agreement). You shall not have the right to register and use Mi Account unless you accept all the terms and conditions of this Agreement. Your registration and continuing use of the Mi Account will be deemed that you have fully understood this Agreement and agree to be bound by the terms and conditions of this Agreement.

I. Introduction to Mi Account

1. Mi Account refers to the identification tool which is owned and managed by Xiaomi and which is used for verifying the identity of the user. As a registered user, you only have the right to use the Mi Account initially registered in your own name.

2. You may enjoy the services including but not limited to Xiaomi Website, Mi App Store, Xiaomiyoupin, Cloud Service, Theme Store, Lot platform provided by Xiaomi and its affiliates by registering for a Mi Account. You may also purchase Mi Credits through your Mi Account to enjoy the various virtual products and value-added services (such as games, themes, e-books, etc.) of Xiaomi and its affiliates.

3. All the products and services of Xiaomi and its affiliates shall be governed by this Agreement. When you enjoy any individual service, you shall be bound by the terms and conditions of this Agreement. You agree to bound by the Independent Agreements, including but not limited to User Agreement of Xiaomi Website, User Agreement of Xiaomi Life, MIOT Platform Service Agreement and various types of announcements issued by Xiaomi in individual services (hereinafter referred to as the “Independent Agreements”), as requested when you use Xiaomi's individual services, in which case the Independent Agreements and this Agreement shall be legally binding at the same time. In the event of any conflict between the terms of Independent Agreements and this Agreement on similar issues, the Independent Agreements shall prevail.

II. Use Rules of Account

1. Registration of Account

1.1 Before you start the registration procedure and use Mi Account, you shall be a person with full capacity for civil conduct. Minors are permitted to use Mi Account only with the consent of their parent or guardian. You are subject to, and are solely responsible for abidance by all laws and regulations of the jurisdiction in which you reside and from which you access or use Mi Account.

1.2 You shall provide timely, detailed and accurate personal information, and constantly update the registration information in line with the aforementioned requirements. You warrant that all information you have submitted at the time of registration (including but not limited to mobile phone number, email address.) is truthful, accurate, legal, and valid and belongs solely to you. Xiaomi will not be responsible for any related problems arising from untruthful registration information or untimely updates. You may check and correct your information on the Mi Account setting web pages. You shall use the real identity information to authenticate the registered account, and all registration information such as the account name, avatar and profile submitted by you shall not be illegal or harmful. If the above situation exists after Xiaomi’s examination, the registration will not be allowed by Xiaomi; meanwhile, after the registration, if Xiaomi finds that you swindle the account name for registration with false information, or if your account avatar, profile and other registration information are illegal or harmful, Xiaomi has the right to take measures unilaterally, including but not limited to requesting correction within a time limit, suspending of use and termination the use of your account. You will successfully register a Mi Account and become a Xiaomi registered user if you follow the registration page prompts to fill out the information, read and accept all the terms of this Agreement and complete all registration procedures.

2. Use of Account

2.1 You shall be responsible for all acts related to your Mi Account (including but not limited to signing various Independent Agreements online, posting information, purchasing goods and services, and disclosing information).

2.2 Your Mi Account contains the details about your personal information and Xiaomi business information, therefore your Mi Account is for your personal use only. Without the consent of Xiaomi, the behavior that you directly or indirectly authorize a third party to use your Mi Account or obtain information related to your account is invalid. If Xiaomi, pursuant to the certification procedures and standards for breach as agreed in Xiaomi's platform rules, determines that the use of your Mi Account may endanger the security of your account and Xiaomi's information safety, Xiaomi may refuse to provide services or terminate this Agreement.

2.3 If you choose to log in Xiaomi's service using a third-party account, the third-party account will be associated with your Mi Account. Xiaomi will use your information (such as avatar) in accordance with the information you provide to the third party. Your subsequent conducts of the use of such Mi Account shall be subject to this Agreement.

3. Custody and Retrieval of Account

3.1 Mi Account includes account name and password. You may log in with the created account name (including account ID, mobile phone number) and password. You shall safeguard your account and password, and change your password regularly.If you need to retrieve the Mi Account information due to losing account issue caused by yourself, please provide the corresponding information in accordance with the process of Mi Account retrieval, and ensure that the information provided is legal, truthful and valid. If the information provided fails to meet the requirements and cannot pass the Xiaomi security verification, Xiaomi has the right to refuse to provide account retrieval service;

3.2 If your current Mi Account is not initially registered by yourself or is obtained through other ways provided by Xiaomi, provided that you know the password of such Mi Account, you shall not log in with such Mi Account or take any action except notifying Xiaomi or the person initially registered this Mi Account.

4. Assignment of Account

4.1 You may use the Mi Account within the scope as agreed in this Agreement. You shall not maliciously register the Mi Account, nor give, borrow, rent, assign or sell the Mi Account with or without compensation, or otherwise permit the non-initial registrant to use the Mi Account. Xiaomi has the right to independently determine and deal with the aforementioned behaviors.

4.2 Xiaomi has the right to take the following measures against you in accordance with laws and regulations:

4.2.1 If you violate laws and regulations, Xiaomi's Independent Agreements or business rules, Xiaomi has the right to make independent judgments and take measures, including but not limited to requesting correction within a time limit, suspending of use, termination the use of your Mi Account, and to decide whether to resume the use of such account pursuant to actual conditions.

4.2.2 If Xiaomi finds that you are not the initial registrant for such account, Xiaomi has the right to terminate the use of your account.

4.2.3 Xiaomi will, in accordance with this Agreement or relevant laws and regulations, require you to correct within a time limit, suspend or terminate the use of your Mi Account.

5. Account Withdrawal

5.1 In order to make full use of the resources available through your Mi Account, if you fail to login your Mi Account for 24 consecutive months or login your account through other methods approved by Xiaomi, Xiaomi has the right to terminate the use of your Mi Account and discontinue its provision of services to you. If there is any pending transaction or balance and the like related to this account, Xiaomi may assist you in the reasonable manner. Please follow the instructions of Xiaomi.

6. Account Security

6.1 Your account is created and safeguarded by yourself. Xiaomi will not require you to provide your password at any time. We recommend that you take appropriate measures to protect your account, including but not limited to installing anti-virus Trojan software, changing your password regularly.

6.2 Xiaomi will not be liable for any losses and consequences arising out of your accidental disclosure, attacks or fraud by others. You shall recover from the infringer through judicial, administrative authorities and other remedies.

7. Account Cancellation

7.1 You may apply for cancellation of your Mi Account if you decide to terminate the use of Mi Account service. And the following conditions shall be fulfilled.

7.1.1 You may only apply for cancellation of your own account in accordance with Xiaomi's process;

7.1.2 You shall still be responsible for your behaviors when you enjoy the Xiaomi services prior to cancellation of your Mi Account.

7.1.3 You shall be aware that the termination of Mi Account means user information will be removed from Xiaomi's database.

III. User’s Rights and Obligations

1. You are subject to, and are solely responsible for abidance by all laws and regulations of the jurisdiction in which you reside and from which you access or use Mi Account. When you use Xiaomi services in the People’s Republic of China, you shall not use Xiaomi services for any illegal or improper activities, including but not limited to the following activities:

1.1 Uploading, displaying, posting, spreading or otherwise transmitting information containing one of the following contents:

• 1.1.1 Opposing the basic principles specified in the Constitution;
• 1.1.2 Endangering national security, revealing state secrets, subverting state power, and undermining national unity;
• 1.1.3 Damaging the country's honors and interests;
• 1.1.4 Inciting ethnic hatred, ethnic discrimination, and destruction of national unity;
• 1.1.5 Breaking religious policies of the State, or blazoning forth evil cults or feudal superstition;
• 1.1.6 Disseminating rumors, disrupting social order and undermining social stability;
• 1.1.7 Spreading obscenity, pornography, violence, encouraging gambling, murder or terrorism;
• 1.1.8 Insulting or slandering others and infringing the legal rights of others;
• 1.1.9 Containing false, harmful, coercive content, and invasion of privacy, harassment, infringement, slander, vulgarity, obscenity, or otherwise morally objectionable content;
• 1.1.10 Involving other contents restricted or prohibited by Chinese laws, regulations, rules, ordinances and any legally binding norms;

1.2 Do not use the Xiaomi services to engage in the following activities:

• 1.2.1 Entering the computer information network or using computer information network resources, without permission;
• 1.2.2 Deleting, modifying or adding the computer information network function, without permission;
• 1.2.3 Deleting, modifying or adding the data and applications stored, processed or transmitted in the computer information network, without permission;
• 1.2.4 Deliberately making and disseminating destructive programs such as computer viruses and the like;
• 1.2.5 Conducting any commercial activities such as advertising, sale of goods, or any illegal acts that infringe on the interests of Xiaomi, such as selling coins, game coins, plug-ins, and props, etc.;
• 1.2.6 Other behaviors that endanger computer information network security.

2. If there is any claim, requirement or loss (including reasonable attorney fees）asserted by any third party against Xiaomi, Xiaomi’s partner companies and affiliates arising from your violation of the provisions of this Agreement or the relevant terms of services, you agree to indemnify and hold harmless Xiaomi, Xiaomi’s partner companies and affiliates from any damage. At the same time, Xiaomi has the right, depending on the nature of your conduct, to take measures including but not limited to deleting the published information, suspending the use of the Mi Account, terminating the services, restricting the use of the Mi Account, and seeking liability. Meanwhile, Xiaomi will assist the investigation at the requirements of the judicial departments.

3. You shall not replicate, copy, sell, resell or use for any other commercial purposes concerning any part of Xiaomi services or the use or acquisition of the Xiaomi services.

4. You shall be legally responsible for your behaviors in the use of Xiaomi services. The forms of legal liabilities include but are not limited to, compensation for the victim, and the equivalent compensation that you shall reimburse to Xiaomi after Xiaomi first assumes the responsibility for administrative punishment or tort damage arising from your behaviors.

IV. Disclaimer

1. Xiaomi shall not assume any legal liability in any of the following circumstances:

1.1 Providing your personal information in accordance with legal provisions or at the requirements of relevant government departments;

1.2 Any disclosure of any personal information arising from improper use by yourself or other reasons;

1.3 Any circumstance that fails to meet your requirements arising out of service interruption, blockage, etc. caused by hacker attacks, invasion of computer viruses, illegal information, shielding of harassment information, government regulations, and any other reasons such as network, technology, communication lines, information security management measures, etc.;

1.4 Any circumstance arising from third party’s (such as operator's) communication line failures, technical problems, network issues, computer failure, system instability and other losses caused by force majeure;

1.5 Any risk arising from the use of Xiaomi’s products, programs and services that may have anonymous or impersonating information containing threats, defamatory, offensive or illegal content;

1.6 Any interaction between users and other users through this website or Xiaomi’s products, programs and services, results in or may result in any psychological, physical damage and economic loss due to misleading or deceptive;

1.7 Xiaomi services expressly declares that the timeliness, safety and accuracy of Xiaomi and its partner companies' services are not guaranteed by express, implied or in any form.

1.8 No content posted by you using the Mi Account shall be represent and reflect any opinions or policies of Xiaomi, and Xiaomi shall not be responsible for it.

1.9 Under no circumstances shall Xiaomi be liable for any indirect, consequential, punitive, incidental, special or penal damages, including loss of profits arising from your use of the Xiaomi services. Notwithstanding any conflicting provision contained herein, our entire liability to you, whatever any reason or any behavior, shall not exceed the fees (if any) that you paid to Xiaomi for the use of the Xiaomi Service during the registration period.

2. You may choose to use your existing third-party account to associate the Mi Account. Xiaomi shall be not responsible for any damage caused to you by third party’s reason.

3. The warranties, guarantees or liabilities as provided by the local laws applying to you shall not be exclude or limited by a contract. Nothing in the terms and conditions of this Agreement shall affect the rights legally entitled to you as a consumer, or diminish any of the legal rights and duties that cannot be contractually agreed to alter or waive.

V. Intellectual Property Rights

1. The information you publish in Xiaomi shall not infringe the intellectual property rights of any third party. Without the prior written consent of the relevant intellectual property owner, you shall not, upload, post, modify, spread or replicate any copyrighted materials, trademarks or proprietary information belonging to others by any means. After receiving appropriate notice from any copyright owner or its legal representative to Xiaomi, we will remove such content of the copyright infringement based on the examination.

2. The intellectual property rights of the original contents (such as the texts, pictures, videos, software and performances) posted and uploaded by enjoying Xiaomi Service through Mi Account belong to you, provided that you confirm that your publication and uploading of such contents shall be deemed that you non-exclusively, permanently and irrevocably authorize Xiaomi to use, copy, and exercise other rights of all intellectual property rights relating to such contents, and you agree that Xiaomi may sublicense above-mentioned rights.

3. You shall not use any intellectual property rights of Xiaomi without prior written consent of Xiaomi. You warrant, represent and undertake that you respect the intellectual property rights of Xiaomi. You will not apply or allow any third party to apply for any trademark, domain name, wireless website, Internet search term or any trade name, service mark similar to the brand of Xiaomi or its affiliates for any marketing, advertising, promotion or other purposes by any means in any jurisdiction. In the event of the above circumstances, you shall transfer all relevant rights to Xiaomi at your expense. You warrant, represent and undertake that you will not use the following names (including but not limited to “Lei Jun”, “Xiaomi”, “Mi Store”, “Xiaomi Website”, “Redmi”, “Mi Bunny”, “Xiaomi”, “MIUI”, “Mijia”), and the affiliated logos and designs of the above brands (including but not limited to 、 、 、 etc.), as part of the name of the company, merchant, service or product, nor will use intellectual property rights of the Xiaomi trademark or similar trademark. The loss caused to Xiaomi arising from your violation of the provisions of this Article shall be borne by you.

VI. Amendment

1. In consideration of the rapid development of Internet-related technologies, markets, business models, etc., you agree that Xiaomi has the right to regularly formulate and revise this Agreement and various rules in accordance with the changes of relevant laws and regulations of the People's Republic of China, the development of the Internet, and the adjustment of the company's operating conditions and business strategies. If there is any amendment, Xiaomi will notify you of the changes by reasonable means. If you disagree with the above amendments, you shall immediately stop using the services under this Agreement. Your logging into or continuing to use the Xiaomi services means that you recognize and accept the revised agreements and rules.

VII. Termination

1. This Agreement shall become effective as of the date of your acceptance, and shall remain in force during your use of the Xiaomi services until terminated in accordance with this Agreement;

2. Notwithstanding the foregoing, if you use the Xiaomi services before you accept this Agreement, you hereby know and agree that this Agreement will be effective for the first time you use the Xiaomi services, unless terminated earlier in accordance with this Agreement.

3. We may reserve right to allow you to use the Xiaomi services or Mi Account in accordance with the law; we will terminate this Agreement at any time for any reason with or without notice, including Xiaomi believe that you have violated our user policy or other provisions of this Agreement.

4. Without being subject to the provisions of the preceding paragraph, if you infringe the copyright of a third party, and Xiaomi receives a notice from the copyright owner or its legal representative, Xiaomi reserves the right to terminate this Agreement.

VIII. Miscellaneous

1. Feedback

1.1 Your suggestion (or “feedback”) to Xiaomi shall be deemed that you transfer all rights of “feedback” to Xiaomi, and agree that Xiaomi has the right to use this “feedback” and related information in any reasonable way. Xiaomi will treat such feedback information as non-confidential and non-proprietary;

1.2 You agree that you will not provide Xiaomi with any information that you consider to be confidential and proprietary;

2. Privacy Policy

2.1 Please refer to our “Privacy Policy” that has the same effect with this Agreement and is an integral part of this Agreement.

3. Notice

3.1 You shall provide a valid email address or cellphone number.. Notices of announcements issued by Xiaomi sent to you constitute a valid notice.

4. Applicable Law

4.2 If there is any dispute between the parties, the dispute shall be settled through friendly negotiation; if the negotiation fails, either parties shall file a lawsuit in the People's Court of Haidian District, Beijing. In the event of any conflict between the terms of Independent Agreements and this Agreements on the issue of jurisdiction, the Independent Agreements shall prevail.

5. Independence

5.1 If any provision of this Agreement is invalid or unenforceable for any reason, then that provision shall be modified in order to be valid and enforceable in accordance with the law. However, the remaining provisions of this Agreement shall remain valid and binding.