This Agreement is established between all the users that use Mi Cloud services (including but not limited to individuals, companies, etc., hereinafter referred to as “users” or “you”) and Xiaomi Inc., its subsidiaries and affiliates (hereinafter referred to as “Xiaomi” or “we”), in connection with the use of Mi Cloud services of Xiaomi and related services. As a registered user of the Mi Cloud service (hereinafter also referred to as “Service”), you can set up an account, but shall not disclose your account information to any other person. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify Xiaomi of any breach of your account security. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your account and/or password details with another individual. Nothing in this Agreement shall be construed to transfer to you any interest, ownership or license of Mi ID, e-mail addresses, domain names, or similar resources used by you in connection with the Service. Any right of your ID or content within your account terminates upon your death, and upon receiving a copy of your death certificate, your account may be terminated and all contents of the account may be deleted. Further, the user shall not, for any purpose, duplicate, copy, sell, resell, rent or trade with the Service (or any part thereof). Provided we have exercised reasonable skill and due care, Xiaomi shall not be responsible for any losses arising out of the unauthorized use of your account resulting from you not following these rules.
In order to use the Service, you must enter your Mi ID and password to authenticate your account. You agree to provide accurate and complete information when you register with, and as you use, the Service (“Service Registration Data”), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your account. You agree that Xiaomi may store and use the Service Registration Data you provide for use in maintaining and billing fees to your account. Using any cloud service of Xiaomi constitutes acceptance of all the terms of this Agreement. The Agreement applies to any cloud services of Xiaomi, including all services and software upgrades that you exercised in the term of this Agreement.
The Mi Cloud Service is an information storage service platform that provides users with space and technologies, and personal data storage, synchronization, management and sharing and other online services (hereinafter referred to as the “Mi Cloud Service” or "Service"). The Mi Cloud Service itself does not directly upload or provide content, and does not modify or edit the content providing by users. The Mi Cloud Service only provides related network services, and you shall bear related network services equipment (such as personal computers, mobile phones and other related devices with access to internet or mobile network) as well as expenses (the phone charges and internet fees for access to the Internet, mobile phone charges for mobile network).
Xiaomi reminds you that you shall not abuse the Mi Cloud Service, and that you understand any information, data, text, software, music, sound, photographs, graphics, video, messages, user registration data or other information (hereinafter referred to as “Content”) you upload, post, send instant messages, email or otherwise make available through your use of the Service, whether publicly or privately transmitted, is the sole responsibility of the person from whom such Content is originated or used. The Mi Cloud Service is just an information storage service platform, and does not control the Content posted via the Service, nor does it control users’ act, so Xiaomi does not guarantee the accuracy, integrity or quality of such Content. You understand and agree that you may encounter Content that you may find offensive, indecent, or objectionable, and your use of the Service and any Content is solely at your own risk, rather than relying on the Mi Cloud Service. If you are not in compliance with the terms of this Agreement, and you are found to do so by Xiaomi via notification, reporting and other ways, Xiaomi without prior notice and in its sole discretion has the right to terminate the Service immediately. You acknowledge that Xiaomi is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Xiaomi reserves the right at all times to determine whether the Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify and/or remove the Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
If you distribute and spread via the Service any reactionary, pornographic or other information that violates any laws or regulations, the records in the Service may be the evidence for your violation. Furthermore, you shall bear sole liability and compensation for any claim from any third party or any consequential damages or losses incurred by uploading or spreading the above information.
Xiaomi has the right to supervise your use of the Mi Cloud Service, if we find that you are in violation of any provisions of this Agreement via notification, reporting and other ways, Xiaomi has the right to request your correction or directly take all necessary measures (including but not limited to, changing, or deleting the Content you upload, or suspending or terminating your rights to use network services) to mitigate the impact of such misconduct.
You are responsible for backing up, to your own computer or any other device, any important documents, images or other Content that you store or access via the Service. Xiaomi shall use reasonable skill and due care in providing the Service, but Xiaomi does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
You acknowledge and agree that Xiaomi and/or its licensors own all legal rights, titles and/or interests in and to the Service (including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”)), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted under these terms.
Xiaomi grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Xiaomi as a part of the Service and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. The use of the Software or any part of the service, except for use of the Service as permitted in this Agreement, is strictly prohibited and may infringes the intellectual property rights of others, and you may be subject to criminal penalties or monetary damages, for copyright infringement.
Xiaomi reserves complete and undivided proprietary rights and intellectual property rights in the following content:
● Mi Cloud Service and all its elements, including but not limited to all content, data, technology, software, code, user interface, and any related derivative works, except the content uploaded and disseminated by users;
● User information; and
● Any other information and feedback associated with the services of the platform provided by you to Mi Cloud Service.
The foregoing information or any part thereof may be stored in a computer for personal use only, without prior consent from Xiaomi, the above information shall not be directly or indirectly issued, broadcast, or rewritten or reissued for publication purposes, or used for any other commercial purpose. Xiaomi shall not be responsible for any losses arising out of or resulting from the above information or any delay, inaccuracies, errors or omissions in the process of submission all or part of the information, and Xiaomi shall not be responsible for any loss to users or third parties in any form.
All rights of all software (including but not limited to software contained any images, photographs, animations, video, audio, music, text and additional procedures, the accompanying help material) used for providing network services by Xiaomi are belonging to the software copyright holders, without prior consent of the copyright holders of the software, you shall not reverse engineer, decompile or disassemble, or otherwise attempt to discover its source coding, and exercise any alleged copyright infringement act.
Except for materials we may license to you, Xiaomi does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public or other users with whom you consent to share such Content, you grant Xiaomi a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.
● You agree that the contents uploaded to the Mi Cloud Service by you shall not or be prohibited to directly or indirectly:
○ delete, conceal or alter any patent, copyright, trademark, or other proprietary rights notices displayed on or contained in the Mi Cloud Service;
○ interfere with or attempt to interfere with the Mi Cloud Service or the normal operation of Xiaomi’s website or any party of it;
○ avoid, or try to avoid or claim to be able to avoid any content protection mechanisms or the Mi Cloud Service data measurement tools;
○ interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to use or monitoring of data or traffic thereon);
○ use any registered and unregistered products, service marks, company logo, URL, or other signs of Xiaomi in any written format or graphic form without the prior written consent of Xiaomi;
○ use any marks in any way that defiles, erodes or damages the marks holders’ rights, or establish any duty or confer any rights or privileges for yourself or others in a manner contrary to this Agreement. Unless specified by Xiaomi in written form, you shall not export any information, and shall stop using and delete the information within 24 hours after obtaining the information or other content of Mi Cloud Service;
○ without the prior written consent from any original user, display or otherwise make available any user information to any non-original user;
○ provide tracking functionality (including but not limited to identifying other users and view or manipulate in personal page), harass, threaten or harm others;
○ request, collect, solicit or otherwise obtain from any users the access to Xiaomi accounts, passwords or other authentication credentials;
○ deputize authentication credentials for any user to automatically log on to Xiaomi account’s direct browser window to other pages automatically;
○ gain access to Mi Cloud Service without permission; or without the user's explicit consent, allow any other person to identify the user personally.
○ engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
○ post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
○ upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
○ upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
○ plan or engage in any illegal activity; and/or
○ gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
○ If you violate any of the foregoing warranties, Xiaomi is entitled to, on the circumstances, warn or shield you and even cancel your qualification; and you are responsible for all liability and damages to the Mi Cloud Service, users or any partnership of Xiaomi due to your violation of any of the foregoing warranties;
○ The Service is only available to individuals aged 13 years or older. If you are 13 or older but under the age of majority in your country of residence, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. Parents or guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the Service.
● Commitment by Users
● You warrants that you have obtained written authorization from the right holders of the contents (if any) that you upload, post, transmit or otherwise disseminate via network services by Mi Cloud Service, and have entered into agreement with the foregoing right holders on the allocation of rights and interests, and you promise you have obtained full and complete, exclusive ownership and intellectual property rights towards related contents before submit and upload them to the Mi Cloud Service.
○ The contents you upload, post, transmit or otherwise disseminate via network services by the Mi Cloud Service, shall not contain any information that violates state laws and regulations and policies, including but not limited to the following information:
■ against the basic principles established in the Constitution of the People’s Republic of China or any applicable laws;
■ endanger national security, leak state secrets, subvert the government, undermine State unity;
■ harm the State honor and interests;
■ incite ethnic hatred or ethnic discrimination, undermine national unity;
■ undermine national religious policy , promote cults and feudal superstition;
■ spread rumors, disturbs social order or undermine social stability;
■ spread obscenity , pornography, gambling, violence , murder, terrorism or abet a crime;
■ insult or slander others, infringe upon the legitimate rights and interests of others;
■ contain other contents that prohibited by the laws and administrative regulations.
○ Users may not use the network service system for any unlawful purpose; may not violate Xiaomi’s business interests in any form in the process of using the Mi Cloud storage network services, including but not limited to publishing commercial advertisements without authorization from Xiaomi; may not do any act that adversely affect the normal operation of any Internet or mobile networks by using the Mi Cloud Service network service systems.
○ Users shall not engage in the following activities by using the services of Mi Cloud Service:
■ Without prior consent, access to computer information networks or use computer information network resources;
■ without prior consent, delete, modify or increase the functions of the computer information network;
■ without prior consent, delete, modify or increase the data and applications storage, processed or transmitted in the computer information networks;
■ intentionally create and spread destructive programs, such as computer viruses;
■ other acts hazards to computer information network security.
○ If Xiaomi or other units cooperated with Xiaomi are subject to any complaints, reports, questions, claims, suits, or suffer any loss of any honor, reputation or property, due to the contents you upload, post, transmit or otherwise disseminate via network services by the Mi Cloud Service exist of right defects or infringe of the legitimate rights and interests of any third party (including but not limited to patents, trademarks, copyrights and copyright neighboring rights, image rights, privacy , reputation, etc.), you should actively take all possible measures to ensure that Xiaomi and other partners would not bear any liability for damages directly or indirectly raising out of the foregoing.
If you allow other users to download, view, listen to, or otherwise access or distribute the content you uploaded, then you insure the contents issued and relevant acts are in compliance with the relevant laws and regulations related to intellectual property copyright policy, including but not limited to:
● Upon receipt of a notice of infringement, you should immediately remove or disable access to the claimed infringing content, and also contact the staff of delivery for more detailed information.
● Users acknowledge and agree that Xiaomi can deal with the qualified infringement notification from any third-party based on the relevant laws and regulations, and immediately remove or disable access to the claimed infringing content in accordance with requirements stated, as well as implement appropriate policies to eliminate the same infringement in the same conditions.
● You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with Xiaomi’s Privacy Policy. You further consent and agree that Xiaomi may collect, use, transmit, process and maintain information related to your account, and any devices or computers registered thereunder, for the purpose of providing the Service, and any features therein, to you. Information collected by Xiaomi when you use the Service may also include technical or diagnostic information related to your use that may be used by Xiaomi to support, improve and enhance Xiaomi’s products and services. Your personal phone number, contact person, location and other personal information will not be contained in the collected information, and the data will be used as a group and are unable to be linked to personally identifiable information. At the same time, Xiaomi will encrypt the collected information in order to ensure the security of your private information.
● Xiaomi, without your legal authority, will not open, edit, or disclose your personal information and non-public content stored in the Mi Cloud Service, except under the following conditions:
○ As required by relevant laws and regulations or the Mi Cloud Service programs;
○ In view of the need to safeguard the interests of users and the public in case of emergency;
○ In view of the need to maintain Xiaomi’s trademarks, patents and any other legitimate rights and interests; and
○ In any other situation that require Xiaomi to disclose, make public or edit your personal information by law.
● You acknowledge and agree that Xiaomi may, without liability to you, access, use, preserve and/or disclose your account information and Content to law enforcement authorities, government officials, and/or a third party, as Xiaomi believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:
○ comply with any legal process or request;
○ enforce this Agreement, including investigation of any potential violation thereof;
○ detect, prevent or otherwise address security, fraud or technical issues; or
○ protect the rights, property or safety of Xiaomi, its users, a third party, or the public as required or permitted by law.
● Xiaomi has the right to use your personal information in the following situations (including but not limited to):
○ In the event of conducting promotions or sweepstakes, Xiaomi may share your personal information with sponsors, but Xiaomi will give you a notice before sending your information, and you have the right to terminate the transmission by stopping participating.
○ In the event of cooperating with any third-party to provide related network service, Xiaomi may disclose your information to the third-party, unless the third-party agrees to bear the liability to protect your private information as Xiaomi do.
○ Xiaomi has the right to analyze and use commercially the whole users data on a whole basis, without disclose any single user information.
● You understand and consent that Mi Cloud Service has the right to alter, suspend or terminate all or part of the network service at any time in consideration of the particularity of network services. What’s more, if such network services altered or suspended or terminated are free, Xiaomi has no obligation to inform you or take on liability for any user or any third-party. Xiaomi will charge you for upgrading storage room, and when the service is not available, Xiaomi will make compensation for your fee loss on a time basis, but hold no liability for any damage directly or indirectly incurred.
● You understand that Xiaomi may repair or maintain the Mi Cloud platform or its related equipment for network service on a regular or irregular basis, under this circumstance, Xiaomi holds no liability for the interruption of the network service for charge within a reasonable time, but Xiaomi shall give a notice in advance as soon as possible.
● Xiaomi is always changing and improving our services, and may add or remove some functions, or suspend or completely stop some services. You have the right to stop using Mi Cloud Service, although Xiaomi feels it sorry for that. And at the same time, Xiaomi also has the right to stop providing service, or to add new services or set new limitations at any time. It is very important that Xiaomi understands that you have ownership of your data and retain access to such data.
● If Xiaomi stops providing any of its services, Xiaomi will give you an advance notice and allow you to export information from the applicable service. Mi Cloud Service does not guarantee the following (non-exhaustive):
○ That the Mi Cloud Service meets your requirements;
○ That the Mi Cloud Service will be uninterrupted, timely, secure, reliable, or no error, and any products, service or other materials obtained from Mi Cloud Service are in line with your expectations.
○ you shall be responsible for all risks for any materials you uploaded or obtained from the Mi Cloud Service, and for all liability of your computer system’s damage or loss of data;
● Xiaomi is not liable for any direct or indirect compensation of your loss of profits, business reputation, data, or other tangible or intangible assets due to the following reasons:
○ use or inability to use Mi Cloud Service;
○ any products, information or services purchased or obtained from the Mi Cloud Service;
○ when your information is used or modified without authorization, or other issues related to the Mi Cloud Service;
● Any loss or disputes arising from any third-party’s access to or use of the Mi Cloud Service with your authorization, should be your sole responsibility, for which Xiaomi bears no responsibility.
● Xiaomi retains the final interpretation of the Agreement.
● Whilst this Agreement shall enter into force upon its issuance, Xiaomi reserves the right to modify the content of the agreement, and will issue the modification on the website of Mi Cloud Service. You have the right to stop using Mi Cloud Service if you cannot accept any modification to the content. However, you have to accept any changes to this Agreement as long as you continue to use the network services.
● Xiaomi may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Grounds for such termination shall include:
○ violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service;
○ a request by you to cancel or terminate your Account;
○ a request and/or order from law enforcement, a judicial body, or other government agency;
○ where provision of the Service to you is or may become unlawful;
○ unexpected technical or security issues or problems;
○ your participation in fraudulent or illegal activities; or
○ failure to pay any fees owed by you in relation to the Service.
● Any such termination or suspension shall be made by Xiaomi in its sole discretion and Xiaomi will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service. In addition, Xiaomi may terminate your account upon prior notice via email to the address associated with your account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance or material modification to the Service or any part thereof. Any such termination or suspension shall be made by Xiaomi in its sole discretion and Xiaomi will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service, though it will refund pro rata any pre-paid fees or amounts.
● All the notification under Mi Cloud Service may be delivered through the website notice, email, SMS or mail or other ways, such notice is deemed to be delivered to the recipient on the date of dispatch. This Agreement is governed by and is to be construed in accordance with the laws of the People's Republic China regarding its implementation and interpretation and dispute settlement. Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled by negotiation first, if not, either party may apply to the People's Court where Xiaomi located.
● This Agreement constitute the entire understanding and agreement between the parties with regard to the subjects hereof and thereof, however, nothing in this Agreement shall be deemed to grant any rights to other party except specified hereof and thereof.
● Regardless of any provision in this Agreement being found to be invalid or unenforceable, the remaining provisions of this Agreement shall remain valid and binding.