Cloud User Agreement
1. About Us
Cloud (as defined below), mobile app and related technology, functionality and services, (collectively, the"Services") is operated by Aspiegel Limited, 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 ("we" "our" or "us"). In these Terms (as defined below), "you" and "User" refers to any individual that uses and/or accesses the Services.
2. Purpose of the Agreement
This User Agreement, our Privacy Notice (you can view it by going to Settings > About > Notice in Cloud), and the other policies and information published or made available through the Services (collectively, the "Agreement") are the terms and conditions on which we provide you with use of, and access to, the Services. The Agreement tells you who we are, how we will provide the Services to you, what we expect from Users of the Services, what activities are permitted, and what activities are not permitted, on or in connection with the Services, what to do if there is a problem and other important information.
3. Your Acceptance of the Agreement
Please read these Terms carefully. By accessing or using the Services, you are entering into a binding legal agreement with us and are agreeing to these Terms. If you do not accept and agree to these Terms you must not access or use the Services. If there is anything you do not understand in these Terms or the other policies and information published or made available through the Services, please contact us using the contact information below.
4. Eligibility
In order to access and use any of the Services, you must be 13 years of age or older. Those aged under 13 years are permitted to use our Services only if their parent or guardian creates a child account and accepts the Parent / Guardian Terms & Conditions 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 any of the Services.
5. Accessing the Services
We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services, subject to, and in accordance with, the Terms.
You are responsible for making all arrangements necessary for you to have access to the Services, including providing your own payment method, compatible device, console or platform and Internet access. You are also responsible for ensuring that all persons who access the Services 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.
To access or use the Services, you must have a Huawei ID. Your Huawei ID is your unique user account which may be used to access all Huawei services, including GameCenter, AppGallery, Cloud, HiHonor, Themes, Huawei Developer, Huawei Video, and other Huawei mobile services.
6. Services
The Services allow a User to upload data to a cloud service so it can be accessed on any Huawei device which the User has logged in to with their Huawei ID ("Cloud"). Cloud includes:
• Cloud Sync (Gallery, Contacts, Calendar events, Notes, Wi-Fi settings),
• Cloud backup,
• More data,
• Huawei Drive,
and other services. You can also use Cloud for cloud storage management and storage expansion. These features may vary by region - refer to your device for more details.
Once Cloud is enabled, your selected data, such as contacts, messages, photos, videos, call log entries, notes, recordings, calendar events, blocklists and settings, Wi-Fi settings, and other app data will be automatically uploaded and saved to Cloud. Cloud allows you to access your data later, or automatically send it to other [Huawei] devices using Cloud.
Features of the Services include:
Cloud Sync
You can use Cloud to automatically sync your Gallery, Contacts, Calendar, Notes, and Wi-Fi settings to the cloud server and other logged in Huawei devices. Any change to data on your Huawei device or Cloud will trigger synchronisation, ensuring that data on your Huawei device and Cloud remain consistent. You can choose to disable automatic syncing for any app in Cloud to stop data uploading and synchronisation.
Cloud backup
You can use Cloud backup to back up data on your phone and other Huawei devices to the cloud, so you can always access it from any Huawei device. When the Huawei device is locked, connected to a power source, and connected to the Internet via a Wi-Fi network, Cloud backup periodically creates automatic backups for Huawei devices. If you purchase this feature, the following data will be collected and backed up to the cloud: Gallery, contacts, messages, call log, notes, recordings, settings, Weather, Clock, Camera, input methods, browser, Phone Manager, Wi-Fi information, home screen layout, and apps. Data from third-party apps will not be backed up. You can disable Cloud backup in this app at any time to stop data uploading. If a Huawei device has not backed up to Cloud for a period of one hundred and eighty (180) days, Huawei reserves the right to delete any backups associated with that Huawei device.
More data
If you have purchased mobile data for other apps, some of those apps may use Cloud storage to store data and content provided by Cloud. You can disable backup for any app at any time to stop data uploading.
Huawei Drive
If Cloud is enabled, Huawei Drive will also be enabled. You can go to Files > Huawei Drive and save your local files to the Cloud server, so you can access and download them from any Huawei device. You must manually add files to Huawei Drive.
By deleting your Huawei ID, your data stored on Cloud will be deleted as well.
7. Purchase Terms
When registering a Cloud account, you will automatically get 5 GB of storage. If you require more storage, you can purchase additional storage on your Huawei device for a fixed period (e.g., a month or a year), or purchase additional storage capacity as per the storage plans then available from Huawei. Purchases may only be made via Huawei IAP.
After your purchase, you will be upgraded to the storage plan for which you have subscribed. The remaining period of your previous storage plan will be converted and added to the validity period of your new plan. Please note that, apart from any Cancellation Rights you may have, it is not possible to reduce the amount of storage you have subscribed for after the purchase.
Your total price for the storage plan or other Cloud services includes (i) the price of the Services or upgrade (ii) any applicable credit card fees and (iii) any sales, use, goods and services (GST), value added (VAT), or other similar tax, under applicable law and based on the tax rate in effect at the time you make a purchase. All prices displayed on Huawei's website are VAT inclusive prices, unless clearly stated (and where permitted by local law) as being exclusive of VAT.
You explicitly accept and agree that Huawei is entitled to change the purchase price of the Services from time to time. If a new price takes effect, you need to accept the new price when you purchase a new plan. In the event that you do not agree with the change of the price, you are entitled to not purchase the plan with a new price.
EU Cancellation Rights: If you are a resident in an EU country, you can choose to cancel your purchase without any reason within 14 days from the day on which you receive confirmation that we accept your order.
To meet the cancellation deadline, you must send your communication of cancellation before the 14-day period has expired. If you want to cancel your purchase, please contact Huawei Customer Service using the contact details set out in your confirmation email. You also have a right to inform us by emailing hwcloud@huawei.com. You do not need to provide a reason for cancellation.
After the cancellation is successful, we will restore your storage space to the state before purchase and reimburse you within 14 days from the date of receipt of your cancellation notice. During this period, you may not be able to create any cloud backup or use some functions until you release the cloud storage space or purchase more cloud storage space. For reimbursement, we will use the same means of payment as you used for the initial order, unless you and we agree otherwise.
8. Cloud Account and Transaction Security
You must treat your Cloud account information and 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 or Cloud details to a third party.
If you think that someone else might be using your Huawei IAP password, Huawei ID or associated login details, you must let us know immediately using the contact information below in Section 24 (Contacting Us). You should also immediately change your password. You must not use anyone else's Huawei ID to access the Services. You must take appropriate steps to protect your Huawei ID or Cloud account information, bank or credit card information, computer, mobile phone, other mobile devices, and SIM card information to prevent unauthorised use by third parties.
9. Acceptable Use
By accessing and using the Services, you undertake and agree to do so in a legal and ethical manner and in accordance with the Terms. You hereby acknowledge and agree that you shall not use the Services to transmit material, or otherwise engage in any activity, that is dishonest, defamatory, tortious, harmful, obscene, infringing, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, unlawful, profane, pornographic, invasive of privacy or otherwise objectionable in relation to your use of the Services including without limitation, anything that facilitates illegal activity, depicts sexually explicit images, promotes violence, is discriminatory, is illegal or which could or does cause damage or injury to any person or property, could give rise to any civil or criminal liability under applicable law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is in breach of any duty of confidentiality and/or third-party intellectual property rights.
Except as expressly set out in these Terms or as permitted by applicable law, you hereby agree and undertake:
a) not to remove any copyright, trademark or other proprietary notices from any portion of the Services;
b) 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 it to be combined with, or become incorporated in, any other programmes;
c) not to gain or attempt to gain unauthorised access to or impair any aspect of the Services or their related systems or networks;
d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law;
e) not to distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services;
f) not to provide or otherwise make available the Services in whole or in part (including object and source code), in any form to any person without our prior written consent;
g) not to impersonate any person or falsely state or otherwise misrepresent your affiliation with a person or entity;
h) not to use the Services (or any part(s) of them) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, 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;
i) not to infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Services;
j) not to collect Service users' information, or otherwise access the Services or our systems, using automated means (for example, harvesting bots) or attempt to decipher any transmissions to or from the servers running the Services;
k) not to develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
l) not to commercially exploit the Services without our prior written consent;
m) 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;
n) not to provide gambling information or use any means to induce others to gamble;
o) not to solicit login information or access an account belonging to someone else;
p) not to engage in money laundering, illegal cash advances, or pyramid selling schemes;
q) not to attempt, facilitate or encourage any violations of these Terms (or any part(s) thereof); and
r) 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 unauthorised access to the Services or Our Content (defined below) or data.
10. 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, programmes, copyright, trademarks, trade names, logos, and other materials and services available on or through the Services, including its look and feel (collectively, "Our Content"). You should note that Our Content is protected by copyright, trademark, database rights, sui generis rights and other intellectual and industrial property laws (as the case may be), under national laws and international treaties. Your access and/or use of any of the Services does not transfer to you or any other person any ownership or other rights in or to Services, or their content, unless specified otherwise in these Terms.
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 the Services or any part of the Services 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 hwcloud@huawei.com.
We do not claim any proprietary rights in the text, files, images, photos, works of authorship, or any other materials which you upload, post, email or otherwise transmit to or via the Services (collectively, "Your Content"). You continue to retain all ownership and/or licence rights in Your Content. You are entirely responsible for Your Content. By transmitting Your Content on or through the Services, you represent and warrant that you are authorised to do so and our use of Your Content in accordance with the licence mentioned below, does not violate any law or third-party rights.
By transmitting Your Content on or via the Services, you grant us a non-exclusive, royalty-free, fully paid-up, worldwide, irrevocable, transferable and sub-licensable licence to use, modify, publicly perform, publicly display, reproduce, distribute and translate Your Content as we may require in order to provide the Services.
You are responsible for backing up, to a non-Huawei device, any important documents, data, images or other materials contained in Your Content. We shall use reasonable skill and due care in providing the Services, but we do not guarantee or warrant that Your Content that you store or access through the Services will not be subject to inadvertent damage, corruption or loss, and we reserve the right to delete Your Content in accordance with these Terms.
To the extent any of Your Content contains personal data, we will use it in accordance with our Privacy Notice.
12. Monitoring of the Services
You acknowledge that we have no obligation to monitor your (or anyone else's) access to or use of the Services for violations of these Terms. However, we reserve the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms and to comply with applicable law or any order or requirement of a court, consent decree, administrative agency or other governmental body. We reserve the right at all times to determine whether Your Content is appropriate and in compliance with these Terms, and may pre-screen, move, refuse, modify and/or remove Your Content at any time, without prior notice and in our sole discretion, if Your Content is found to be in violation of these Terms or is otherwise objectionable.
13. Communication at Your Own Risk
We may communicate with you regarding the Services 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 related to your access and use of the Services. 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 lies with you.
14. Privacy and Data Collection
In order to provide a more robust 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.
15. Disclaimer
The Services are 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 unauthorised use of the Services.
The Huawei Parties are not responsible for maintenance or other support services for the Services. Your use of the Services may be interrupted, delayed or disrupted for an unknown period of time for reasons that 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 the Services due to:
a. any suspension or termination of the Services 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; or
e. any other reason beyond our reasonable control.
The Services are 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 the Services; (b) that Services 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 any Services will be corrected; (d) in connection with the specific functions of the Services, the reliability, quality or accuracy of any information obtained by you as a result of your use or access of the Services; (e) in connection with the security or error-free nature of the Services; (f) in connection with the Services' reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs or achieve certain results or outcomes. The Huawei Parties are not liable for any loss or damages caused in whole or in part by relying upon, using, or interpreting the Services or other information obtained through your (or any other person's) access and/or use of these Services.
The laws of some countries do not allow certain warranties, guarantees or liabilities to be excluded or limited by a contract. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights. Nothing in the Terms affects your legal rights that you are legally entitled to as a consumer or which you cannot contractually agree to alter or waive.
16. Limitation of Liability
To the maximum extent permitted by applicable law in your jurisdiction, your access and use of the Services is at your sole risk and the Huawei Parties expressly exclude all liability, loss or damages incurred by you, or any other person, whether in contract, tort (including negligence) or under any other theory, for any of the following: (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.
If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to stop accessing and using the Services. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable 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 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.
17. 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 Content, your use of the Services, 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 co-operate as fully as reasonably required by any of the Huawei Parties in the defense of any such claim or demand. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
18. Termination by You
You can terminate your account via your account settings or by ceasing to use this Service.
Terminating your account will permanently delete all data stored on your account, including all Your Content generated by your account. Please read these Terms carefully before deciding to terminate your account.
After your account is terminated, Huawei may immediately and permanently delete any and all of the data, files, and stored content under your account.
19. 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 parts or all of the Services at any time, without assuming liability for any individual or third party. We will endeavour to provide notice to you before we do this. However, we may not provide prior notice to you, and may immediately, permanently or temporarily, impose limits on, cancel, suspend or restrict your access to parts or all of the Services:
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; or
e. due to unexpected technical, safety, business or security reasons;
Any User whose use or access to the Services has been suspended, terminated or deactivated by us may not create a Huawei ID or access the Services 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 rights or obligations which are intended to survive such deactivation or termination.
Huawei reserves the right to delete any data associated with your account in the event the account remains inactive for 12 consecutive months.
Sections 14, 15, 16, 17 and 22 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.
20. Changes to the Services
We are constantly innovating, changing and improving the Services. We may add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop a Service.
We will tell you a reasonable amount of time in advance of any changes to the Services that will materially disadvantage our Users or materially limit the access or usage of Services. We may not tell you beforehand about modifications to the Terms or changes to the Services that do not materially disadvantage our Users or do not materially limit the access or usage of our 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 timescales above and we will let you know about these as soon as practicable.
21. Changes to these Terms
We can make changes to these Terms at any time and post additional specific terms, codes of conduct or guidelines that govern a particular part, parts or all of our Services. The most recent version of the Terms will be posted on the Service and you should regularly check for the most recent version, as the most recent version is the one that applies.
If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. For modifications to the 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.
If you continue to use the Services after the changes become effective, you will be deemed to have accepted those changes. If you do not agree to these changes, you must end your relationship with us by ceasing to use the Services. Any amendment, variation or modification to these Terms you purport to make shall not be binding on us.
22. 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 the Services.
The Services may provide, 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 the Services 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 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 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.
23. 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 disputes, 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.
If you are a consumer living in a European Union country, 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.
24. Contacting Us
If you have any questions regarding these Terms, please contact us using the following information:
Email: hwcloud@huawei.com