HUAWEI Cloud User Agreement

1 About Us

The HUAWEI Cloud app and its related technologies and functions (collectively, the "Services") are operated by Huawei Software Technology Co., Ltd. (hereinafter referred to as "Huawei", "we", "us", or "our"). Huawei Software Technology Co., Ltd. (unified social credit code: 913201147770231720) is a company duly incorporated and operating under the laws of the People's Republic of China, with its registered office at 101 Software Avenue, Yuhua District, Nanjing. In this Agreement (as defined below), "you" and "user" refer to any individual that uses and/or accesses the Services.

2 Purpose of the Agreement

This User Agreement, our Privacy Notice and Statement (which you can view by going to Settings > Notice (or About) in the app), and other policies and information published or made available through the Services (collectively, the "Agreement") are the terms and conditions applicable to 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 or not permitted, on or in connection with the Services, what to do if there is a service issue and other important information.

3 Your Acceptance of the Agreement

Please read the Agreement carefully. By accessing or using the Services, you are entering into a binding legal agreement with us and are agreeing to the Agreement. If you do not accept and agree to the Agreement, you must not access or use the Services. If you have questions regarding the Agreement or other policies and information published or made available through the Services, please contact us using the contact information below.

4 Eligibility

You must be 18 years of age or older in order to access and use any of the Services. Those aged under 18 years are permitted to use our Services only if they read the Agreement with their parents or legal guardians and acquire consent therefrom to use the Services. We recommend that your parents or legal guardians supervise and guide your use of this app. You are subject to and 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 license to access and use the Services, subject to, and in accordance with, the Agreement.

You are responsible for making all arrangements necessary for you to access the Services, including providing your own payment method, compatible devices, console or platform, and Internet access, as well as ensuring that all persons who access the Services through your compatible devices, console or platform, and Internet connection acknowledge, agree to and comply with the Agreement.

To access or use the Services, you must have a HUAWEI ID. HUAWEI ID is your unique user account which may be used to access all Huawei services, including HUAWEI Music, HUAWEI AppGallery, HUAWEI Cloud, HiHonor, HUAWEI Themes, HUAWEI Developer, HUAWEI Video, and other Huawei mobile services.

6 Services

The Services can only be used after you log in to your HUAWEI ID, and provide the following features:

• Cloud Sync (Gallery, Contacts, Calendar, Notes, WLAN settings, Browser bookmarks, and HUAWEI Wallet)

• Cloud backup

• More data

• Huawei Drive

• Find my phone

and other services. You can also manage and expand your cloud storage in HUAWEI Cloud.

Once HUAWEI Cloud is enabled, your selected data, such as contacts, messages, photos, videos, call log entries, notes, recordings, calendar events, block lists and settings, WLAN settings, and other app data will be automatically uploaded and saved to Cloud. You can enable or disable the aforementioned features on the home page of HUAWEI Cloud, or log out of your HUAWEI ID to stop using HUAWEI Cloud. Some features may be automatically enabled once HUAWEI Cloud is enabled again.

Features of the Services include:

Cloud Sync

You can use Cloud to automatically sync your Gallery, Contacts, Calendar, Notepad (including images and voice memos), WLAN settings, Browser bookmarks, and content subscriptions (note: Browser versions provided by Tencent and UC do not support the subscriptions sync feature), as well as cards and coupons data in HUAWEIWallet to the cloud server and other logged-in Huawei devices. Any changes to data on your Huawei device or Cloud will trigger synchronization, ensuring that data on your Huawei device and Cloud remains consistent. You can choose to disable automatic syncing for any app in Cloud to stop data uploading and synchronization.

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 devices. When the Huawei device is locked, connected to a power source, and connected to the Internet over WLAN network, Cloud backup periodically creates automatic backups for Huawei devices. If Cloud backup is enabled, 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 settings, browser, Phone Manager, WLAN settings, 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 been backed up to Cloud for a period of 180 days, Huawei reserves the right to delete any backups associated with that Huawei device.

More data

You can enable auto uploading of data in Messaging, Call log, Recordings, and Blocked on the More screen. When changes occur locally on your device, they will be automatically uploaded to HUAWEI Cloud, so you can access and download them from any Huawei devices when needed.

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 devices. You must manually add files to Huawei Drive.

Find my phone

The Find my phone feature will be automatically enabled after you log in to HUAWEI Cloud. Find my phone allows you to locate, ring, lock, and remotely erase data from your device. Your device can only be erased or reactivated with your HUAWEI ID and password. Go to cloud.huawei.com or log in to the Find My Phone app on another Huawei device to locate, ring, lock, or erase data from your device.

If you delete your HUAWEI ID, your data stored on Cloud will be deleted as well.

7 Purchasing

When registering for a Cloud account, you will automatically get 5 GB of storage. If you need 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 In-App Purchase (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, usage, goods, and services (GST), value added (VAT), or other similar taxes, under applicable laws 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 otherwise stated (and where permitted by local laws).

You explicitly accept and agree that Huawei is entitled to change the purchase price of the Services from time to time. When a new price takes effect, you need to accept the new price when you purchase a new plan. If you do not accept the new pricing, you have the right to stop using the Services.

You can choose to cancel your purchase without any reason within 15 days from the day you receive confirmation of your order from us.

To meet the cancellation deadline, you must submit your cancellation request before the 15-day period expires. If you want to cancel your purchase, please contact an authorized Huawei Customer Service Center using the contact details set out in your confirmation email. You can also send us an email at hwcloud@huawei.com. You do not need to provide a reason for cancellation.

Once the cancellation is successful, we will restore your storage space to the state before purchase and provide reimbursement within 14 days from the date of receipt of your cancellation notice. If you have used more than 5 GB of storage 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 used for your initial order, unless you and we agree otherwise.

8 Cloud Account and Transaction Security

You must keep your Cloud account information and HUAWEI ID username and password 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 HUAWEI ID and Cloud account information 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 23 (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 unauthorized use by third parties.

9 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 the Agreement. 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, 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 the Agreement or as permitted by applicable laws, 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 them to be combined with, or become incorporated in, any other programs;

(c) Not to gain or attempt to gain unauthorized 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, license, 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) thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the 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;

(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 the 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 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;

(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 encourage others to gamble through any means;

(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 the Agreement (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 unauthorized access to the Services or Our Content (defined below) or data.

10 Using Huawei Content

Huawei and/or its licensors, retain all right, title and interest in and to the information (in any form including without limitation text, graphics, video and audio), images, icons, apps, designs, software, scripts, programs, copyright, trademarks, trade names, logos, and other materials and services available on or through the Services, including their looks and feels (collectively, "Huawei Content"). You should note that Huawei 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 the Services, or their content, unless otherwise specified in the Agreement.

You may not make alterations, copies, extractions, modifications or additions to Huawei Content, or sell, copy, disseminate or license it, or misuse Our Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use any Huawei Content, you must contact us in advance and obtain our prior written permission except if otherwise expressly provided in the Agreement. 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 concerns regarding the Services, please notify us at developer@huawei.com.


11 Management 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 the Agreement. 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 the Agreement 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 to decide at any time whether Your Content is appropriate and in compliance with the Agreement, and may pre-screen, move, refuse, modify and/or remove Your Content at any time according to applicable laws, without prior notice and at our sole discretion, if Your Content is found to be in violation of the Agreement or is otherwise objectionable in any way.

12 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 the Terms and any other matter relating 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.

13 Privacy and Data Collection

In order to provide you with a more robust service and help ensure the security of your transactions, Huawei will collect and process your personal information in accordance with the privacy notice and statement about the Services.

14 Disclaimer

The Services are for your sole use only and must not be used by any third party. You agree that Huawei and its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors and distributors (collectively "Huawei Parties") are not liable for any loss caused by any unauthorized use of 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 are beyond our control. 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 laws 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 Huawei 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 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 interruption due to hacker attacks or similar security breaches; or

(e) Any other reason 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 law in your jurisdiction, the Huawei Parties disclaim all warranties, conditions or other terms of any kind, express or implied, except for what is described in the Services. When selecting and enjoying features in the Services, please ensure that the selected services 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 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 apply to you and you may have additional rights. Nothing in the Agreement affects your legal rights that you are legally entitled to as a consumer and which you cannot contractually agree to alter or waive.

15 Limitation of Liability

To the maximum extent permitted by applicable law in your jurisdiction, your access to 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, income, revenue, data or goodwill; and (b) special, indirect or consequential loss or damage. The limitations and exclusions in the Agreement will apply whether or not Huawei has been advised of or should have been aware of the possibility of any losses arising therefrom.

If you are dissatisfied with any aspect of the Services at any time, please contact us at hwcloud@huawei.com, or stop accessing and using the Services. Without prejudice to the preceding restrictions, Huawei will be liable for any of your actual economic losses directly caused by using the Services. 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 exceed the service fee charged for the services provided by Huawei.

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

16 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 the Agreement or any of applicable EULA;

• Your infringement of third-party intellectual property or any other rights; or

• Similar actions or violations by any person using your HUAWEI ID,

including in each instance any liability, damages, expense, litigation costs and lawyer's fees arising from such claim, suit, or action, including any claim for negligence.

You undertake and agree to promptly assist and cooperate as fully as reasonably required by any of the Huawei Parties in the defense of any such claim or demand. Huawei reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

17 Termination by You

You can terminate your account by stopping using this Service or through settings in your account.

Terminating your account will permanently delete all data stored on your account, including all Your Content generated by your account. Please read the Agreement 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 contents stored under your account.

18 Termination and Suspension by Huawei

Subject to applicable laws, we may temporarily or permanently suspend, cancel, 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 endeavor to provide notice to you before we do this. However, we may not provide prior notice to you, and may immediately, permanently or temporarily, impose limits on, cancel, suspend or restrict your access to parts or all of the Services in the following circumstances:

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

(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 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 of or access to the Services has been suspended, terminated or deactivated by Huawei may not create a HUAWEI ID or access the Services without Huawei's prior written consent.

The expiry or termination of the Agreement does not affect the provisions of the Agreement 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 HUAWEI Cloud remains inactive for twelve (12) consecutive months.

Sections 15, 16, 17, 18 and 22 and any other provisions which by their natures are intended to survive termination or expiry, shall survive termination or expiry of the relationship between you and Huawei.

19 Changes to the Services

Huawei is constantly innovating, changing and improving the Services. Huawei may add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop one of the Services.

We will inform you a reasonable amount of time in advance of any changes to the Services that will materially disadvantage the users or materially limit the access or usage of the Services. We may not tell you beforehand about modifications to the Agreement or changes to the Services that do not materially disadvantage the users or do not materially limit the access or usage 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 practicable.

20 Changes to the Agreement

Huawei can make changes to the Agreement at any time and post additional specific terms, codes of conduct or guidelines that govern a particular part, parts or all of Huawei's Services. The most recent version of the Agreement will be accessible in the Services 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 Agreement 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 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 Huawei by ceasing to use the Services. Any amendment, variation or modification to the Agreement you purport to make shall not be binding on Huawei.

21 General Terms

The Agreement and the documents incorporated by reference constitute the entire agreement between you and Huawei with respect to your access to and use of the Services.

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. 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 the use of or reliance on any such content, goods or services available on or through any such website or resources.

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

Nothing in the 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 performance of its obligations under the Agreement or the provision of the Services that is caused or contributed to by matters beyond Huawei's reasonable control.

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

If you breach the Agreement and Huawei takes no action, Huawei will still be entitled to use our rights and remedies in any other situation where you breach the Agreement. If any provision (or part of a provision) of the Agreement 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 Agreement and all other provisions of the Agreement shall remain in full force and effect to the extent that the remaining provisions are capable of standing without the provision ruled void, invalid or unenforceable.

22 Governing Laws and Jurisdiction

The formation, interpretation and operation of the Agreement are governed by and construed in accordance with the laws of the People's Republic of China, without reference to its choice of laws.

You and Huawei agree that the Agreement is signed in Longgang District, Shenzhen. Any disputes 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 the Agreement is signed.

23 Contacting Us

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

Email: hwcloud@huawei.com