Xiaomi Cloud Membership Service Agreement
Beijing Xiaomi Technology Co., Ltd. (hereinafter referred to as "Xiaomi") prompts you to carefully read and fully understand the Xiaomi Cloud Membership Service Agreement (hereinafter referred to as "this Agreement"). You shall carefully read and fully understand all the terms and conditions of this Agreement, especially those regarding the exemption of Xiaomi from liabilities or restrictions to its liabilities, as well as terms regarding applicable laws and dispute resolution. Terms regarding exemption from or restrictions to liabilities are highlighted in bold. Please carefully read and choose to accept or not accept this Agreement. Minors should read this Agreement accompanied by a legal guardian. By using Xiaomi Cloud membership services and accessing the benefits of these services, you acknowledge that you have read and understood, and agree to accept and be bound by the terms and conditions of this Agreement. If you choose not to accept this Agreement, please do not use any Xiaomi Cloud Service membership service. Xiaomi has the right to modify this Agreement. Modified terms will be published on Xiaomi devices and the official website, and will come into effect on the date specified in the revised Agreement.
1. Definition
1.1 Xiaomi Cloud Service Membership and Account
In order to use Xiaomi Cloud membership services, you must use as your membership account the Xiaomi Account that you have the legal right to use. After topping up the account, you will receive membership services based on the top-up amount. By doing so, you will become a Xiaomi Cloud membership user, also called "you", "user" or "member" under this Agreement. Xiaomi Cloud membership services fall into three types: gold membership, platinum membership, and diamond membership. You may choose which membership service to use based on your needs.
1.2 This Service
Xiaomi Cloud Service membership services refer to the membership benefits a member may receive through the Xiaomi Cloud Service. These include but are not limited to cloud space, more frequent backups, longer retention of the recycle bin, and faster facial recognition for People albums. The specific content of membership benefits as published on the Xiaomi Cloud Service official website will prevail. The content of benefits and services that members at different levels may enjoy will vary. You understand and agree that Xiaomi has the right to change, adjust, cancel or add membership benefits and services or any part thereof based on market conditions.
1.3 This Agreement
1.3.1 This Agreement is regarded as an integral part of the Xiaomi Cloud Terms of Service. (In the event of any change to the link address, the content after such change shall prevail; in the event of changes to any other link address, the aforementioned agreements shall prevail.)
1.3.2 The content of this Agreement also includes the relevant agreements and business rules regarding this service that may be continuously released by Xiaomi Cloud Service. Upon official release, the aforementioned content will be deemed as an inseparable part of this Agreement, taking effect upon both parties.
2. Rules on Account Management and Use
2.1 In order to use and enjoy Xiaomi Cloud membership services, you must use as your membership account the Xiaomi Account that you have the legal right to use. You must follow the Xiaomi Account User Agreement when applying for, registering and using the Xiaomi Account.
3. Content of Membership Services
3.1 All the benefits you may enjoy after purchasing the Xiaomi Cloud Service membership shall be subject to what is published on the official website of Xiaomi Cloud Service. Xiaomi has the right to change such benefits or any part thereof based on its own business development needs. You may consult the official website or mobile app of Xiaomi Cloud Service to view the latest content of membership benefits. We also encourage you to regularly check the content of this Agreement to better safeguard your rights.
3.2 Charges and fees
This Service is a charge service provided by Xiaomi. You can use this Service only after paying the corresponding fee as per the charge standard of this Service. Based on the nature and features of the virtual product, the membership services you obtain shall not be returned, exchanged, converted into cash, or used for any commercial purpose, such as buying and selling, exchange, or use as collateral. Xiaomi may revise and change the related charging standards and methods for this Service, and will regularly update these revisions and changes on the corresponding service page.
3.3 Payment
3.3.1 You shall pay as agreed through any of the methods designated by Xiaomi currently or in the future, including but not limited to Alipay, WeChat Pay, and Mi Wallet. Upon payment, you shall not transfer your membership or unsubscribe from this Service.
3.3.2 You shall not activate this Service for yourself or others in any of the following manners:
3.3.2.1 For profit-making, business, or other purposes not for personal use;
3.3.2.2 Through any bot software, spider software, web crawling software, flooding software or any similar program or software;
3.3.2.3 By any improper means or in violation of good faith principles;
3.3.2.4 In a manner not designated by Xiaomi;
3.3.2.5 By infringing on the legal rights and interests of Xiaomi or others;
3.3.2.6 Or in any other manner that violates the relevant laws, administrative regulations, and national policies.
3.4 Period of Service
3.4.1 You may select at your own discretion the duration of this Service, for which you shall pay the corresponding service fee. You may also log in to the Xiaomi Cloud membership page to check the duration of service. If you wish to set up auto-renewal of membership services and auto-deduction of corresponding fees, you should first carefully read and understand the Xiaomi Cloud Auto-Renewal Service Agreement before activating this service.
3.5 Rules of Use and Instructions
Advertising: You understand and agree that Xiaomi Corporation has the right to associate or display advertisements to you through the related software or website of Xiaomi Cloud Service. You clearly understand that you should carefully judge the advertisements linked or displayed by Xiaomi Cloud Service. In the event that you suffer any consequence or loss of any nature due to any of the aforementioned practices, you shall make claims against the relevant advertiser.
4. Liability for violation of Agreement
4.1 When using this Service, you shall not:
4.1.1 Violate this Article;
4.1.2 Violate laws, rules, and ordinances, as well as any legally effective norms and regulations;
4.1.3 Sabotage or impede the provision of this service by Xiaomi to any third party;
4.1.4 Undertake any actions which endanger computer network security;
4.1.5 Infringe upon the legal rights and interests of any third party as determined by any authority;
4.1.6 Use this Service to make illegal profits, including but not limited to improper profits made through resale, transfer of membership, sub-authorization, etc.;
4.1.7 Otherwise infringe upon the legal rights and interests of Xiaomi.
4.2 Treatment of violation of Agreement
You acknowledge and agree that Xiaomi has the right to take any or more of the following measures to handle any violation of this Agreement:
4.2.1 Delete, block, or disconnect the related information by technical means;
4.2.2 Undertake actions including but not limited to suspension or termination of this Service or any part thereof;
4.2.3 Reduce the duration of the membership benefits you may enjoy within the time period of the occurrence of the violation of this Agreement;
4.2.4 Restrict you from uploading, downloading, playing, sharing and storing content;
4.2.5 Xiaomi need not refund any fees to you. The unused service fees belong to Xiaomi as damages. You shall be liable for the loss of related membership benefits, and also compensate for any loss (including but not limited to attorney and litigation fees) incurred by Xiaomi.
4.3 Compensation Liability
You shall compensate Xiaomi and its affiliated companies for all and any losses incurred by them arising from your violation of this Agreement or illegal actions, including but not limited to their direct economic losses, reputational losses, and indirect losses such as damages, settlement payments, attorney fees and litigation fees. You shall be solely responsible for all the aforementioned losses of Xiaomi and its affiliates, as well as for any losses to third parties caused by your violation of this Agreement.
5. Change, suspension and termination of the Service
5.1 This Service shall be suspended or terminated if:
5.1.1 You actively suspend or terminate the Service, including but not limited to your failure to continue paying the fee upon expiration;
5.1.2 Xiaomi actively suspends or terminates the Service due to your violation of this Agreement;
5.1.3 Xiaomi suspends or terminates the Service as required by the State or the relevant department or in the case of any force majeure event;
5.1.4 Other cases where the Service must be suspended or terminated according to laws or regulations or the business adjustments of Xiaomi.
5.2 When suspension or termination occurs, Xiaomi has the right but is not duty bound to ensure that you will be informed. If you find that you are unable to log in or use the Service, you may consult our online customer service personnel.
5.3 Post-suspension and post-termination treatment:
5.3.1 Unless otherwise specified by law, Xiaomi shall not be liable to you or any third party for the suspension or termination of this Service.
5.3.2 Xiaomi will not refund to you any fees already paid.
5.3.3 For ongoing platform transactions, Xiaomi will reasonably judge whether to continue or terminate the relevant transactions based on the circumstances and decide whether to refund or deduct the relevant fees as damages.
5.4 Xiaomi Cloud Service shall, as agreed herein, change the service content, service method, and content of this Agreement. If the member does not agree to the changes to Xiaomi Cloud Service, they have the right to cancel or stop using all or part of the corresponding services already obtained. If you continue using the aforementioned services provided by Xiaomi Cloud Service, you will be regarded as having accepted the changes made by Xiaomi Cloud Service.
6. Disclaimer
6.1 You are informed and agreed that uploading and transferring content to the Xiaomi Cloud Service platform is your personal behavior, and thus Xiaomi will not be responsible for the accuracy, authenticity, usability, security, completeness, and correctness of such information and content, and you hereby agree to exempt Xiaomi from related liabilities.
6.2 You shall independently judge and legally use any information and content that you use, share, download, etc. Xiaomi will not be liable for any damage to you or any third party arising from your use of this information and content.
6.3 You do not have any right to require Xiaomi to compensate you for the loss of your account or loss or reduction of your property in the account for reasons not attributable to Xiaomi, including communication line failures from telecom or network providers, network or computer failure, system instability and events of force majeure.
6.4 Unless expressly stated by law, Xiaomi will not be liable for any personal or property loss, damage or injury incurred by you when you use a service provided by Xiaomi Cloud Service. Xiaomi will also not be liable for any disclosure of your personal information arising from you telling others your personal password or sharing the registered account with others.
7. Notices
Any and all notices under this Agreement may be sent to the user by announcement on the official website, SMS, or in any other reasonable manner. Such notices shall be regarding as having been delivered to the user on the sending date of the notice. To receive the relevant notices, you shall ensure the correctness and validity of the contact information provided to Xiaomi, and log in your Xiaomi Account to revise your contact information if there is any change to it. You will be liable for any losses and legal consequences arising from your failure to receive the notices due to your failure to provide correct contact information or inform Xiaomi of the new contact information in a timely manner. Xiaomi may send various notices to you by one or more of the aforementioned means. The content of such notices may exert major positive or negative impacts on you, so please be sure that your contact information is valid and pay regular attention to all received notices.
8. Governing Law
8.1 The conclusion, implementation, and interpretation of this Agreement and dispute settlement shall be governed by the laws of the People's Republic of China.
8.2 Both parties shall settle any dispute over the content or execution of this Agreement through amicable negotiation; in the event that negotiation fails, either party may bring the dispute to the Beijing Haidian District People's Court, in the district where Xiaomi Corporation operates.
8.3 Xiaomi Corporation's failure to exercise any rights or execute any provisions included in this Agreement shall not constitute a waiver of such right or provision.
8.4 If any clause in this Agreement is rendered completely or partially invalid or unenforceable for any reason, the remaining clauses in this Agreement shall still be valid and binding.
8.5 Xiaomi Cloud Service has the right to interpret this Agreement to the extent permitted by laws and regulations.