Xiaomi Cloud Terms of Service

Welcome aboard!

Thank you for choosing our products and services. The Terms below set out your rights and obligations in relation to Xiaomi when you access and use Xiaomi Cloud. Please read the Terms carefully before using Xiaomi Cloud services. By using Xiaomi Cloud, you accept and agree to be bound by and comply with these Terms.

1. Using Xiaomi Cloud

1.1 Xiaomi Cloud. Xiaomi Cloud is an information storage service platform that provides storage, technology, and online services that help you store, sync, manage, and share personal content. Please note in general we do not upload or provide content directly on Xiaomi Cloud, or modify or edit content provided by you or any other user as long as it complies with technical, connectivity, or transmission related requirements. Otherwise, we may delete, modify, or change the User Content (as defined in paragraph 3.1 below).

1.2 Age requirements. Xiaomi Cloud is intended for use by persons aged 13 years or older. If you are under 18 years of age, you affirm that you are of an age old enough to enter into a binding agreement in your state. If you are under 18, you need to review these Terms with your parent(s) or guardian(s) before using Xiaomi Cloud. If you're a parent or legal guardian, and you allow your child to use Xiaomi Cloud, then you're accepting these terms on behalf of your child. Do make sure to take appropriate precautions to protect your children in the use of Xiaomi Cloud.

1.3 Violation of these Terms. You understand that Xiaomi may monitor your use of Xiaomi Cloud from time to time for the safety of all users. We may determine whether your User Content is in compliance with these Terms, and shall have the right to screen, modify and remove any User Content that violates these Terms or is otherwise objectionable in any way, without providing any prior notice to you, as part of our efforts to detect, prevent, or otherwise address any security or technical issues and any other malpractice that may affect our users or the general public. We may request or take any reasonable steps to ensure that you correct the violation, take all necessary steps to mitigate the impact of the violation, and/or to verify compliance with the Terms (e.g. to modify or remove your User Content). We reserve the right to suspend or terminate your rights of Xiaomi Cloud in accordance with the Terms if any violation occurs. You acknowledge that Xiaomi is not responsible or liable for User Content provided by others and has no duty to screen or review such content. You understand that all User Content is the sole responsibility of the individual who makes it available and that we do not guarantee that all such content does not constitute a violation of these Terms.

2. Using Xiaomi Account

2.1 Creating an account. You need a Xiaomi Account to use Xiaomi Cloud. You agree to provide accurate and complete information about yourself as required by the registration process, and maintain and update this information as needed to keep it accurate and complete. We may suspend or delete your Xiaomi Account if we find that you've provided inaccurate or outdated information. You agree that Xiaomi may use your account information when you access products and services with your Xiaomi Account.

2.2 Individual use. Your Xiaomi Account is intended for your personal use. You agree to keep your password and Xiaomi Account information confidential and remain responsible for maintaining the confidentiality of all information and activities regarding your Xiaomi Account. You should notify us immediately if you become aware of, or suspect, any breach of security of your Xiaomi Account.

2.3 Termination. We have the sole discretion to delete your Xiaomi Account after notifying you if there is a general discontinuance or material modification to Xiaomi Cloud.

2.4 Suspension. We may suspend your Xiaomi Account if it has been inactive for a year. Inactivity is based on signing into Xiaomi Cloud. You can unsuspend your Xiaomi Account at any time after passing the verification process that we put in place for security reasons. However, when an account is suspended, we reserve the right to render the User Content unavailable. A fee may be charged to recover the User Content.

2.5 No right of Survivorship. All Xiaomi Accounts and content therein are non-transferable, and any rights to Xiaomi Accounts terminate upon the account holder's death. We require a copy of the death certificate of the account holder to close the account.

3. Your Content and Xiaomi Cloud

3.1 User Content. In using Xiaomi Cloud, you may post, upload, message, email, or otherwise transmit certain content (which may include information, data, text, software, music, recordings, photos, graphics, video, messages, and user-related information) ("User Content"). You agree that you are solely responsible for all your User Content, whether public or not. If you were to include content that belongs to a third party, you warrant that you have obtained the permission from the copyright owner(s). You understand that by using this Xiaomi Cloud you may be exposed to User Content that you may find offensive and that, in this respect, you access User Content at your own risk.

3.2 Back up. You are responsible for backing up any important documents, images or any other User Content to your own computer or other device. While we do use reasonable skill and due care in providing Xiaomi Cloud, we do not guarantee or warrant that any User Content you may store or access through Xiaomi Cloud will not be subject to any damage, corruption or loss.

3.3 When Xiaomi is affected by your User Content. In the event that your User Content infringes on any legitimate rights or interests of a third party, it is possible for Xiaomi or any of its partners to be subject to complaints, investigations, claims, lawsuits, or other form of inquiry. In this case, you must actively take all possible measures to ensure that Xiaomi or any of its partners do not bear any liability or damages, whether direct or indirect.

3.4 Objectionable content. Do not use Xiaomi Cloud to upload, submit, store, send, or receive any content (a) that is obscene, pornographic, defamatory, offensive, abusive, seditious; (b) that promotes violence, terrorism, gambling; (c) that infringes upon or violates the rights of others, or (d) that violates any law, regulation, or policy. Failure to comply with these rules constitutes a breach of these Terms; we are entitled to preserve evidence of the breach. You are solely liable for any claims from third parties and for any losses suffered in relation to your breach.

3.5 Acceptable use. You agree that you will not engage in (a) any activity that is adverse to our business interests, including unauthorized advertising without written permission from Xiaomi and (b) any activity that interferes with or disrupts Internet access. Access and use of Xiaomi Cloud may require devices and Internet access (mobile data charges and broadband fees may apply). You agree that meeting these requirements is your responsibility.

3.6 Other obligations. You agree not to, directly or indirectly:

(a) harass, threaten or harm other individuals, or provide tracking functionality (including but not limited to identifying other individuals, accessing, or tampering with their personal profile or User Content);

(b) request, collect, solicit, or otherwise obtain access to passwords and other authentication credentials for Xiaomi Account.

(d) engage in any Intellectual Property Right infringement, or disclose trade secrets or confidential information in violation of a confidentiality, employment or nondisclosure agreement;

(e) post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional material, junk mail, spam, or chain letters, including (but not limited to) bulk commercial advertising and informational announcements;

(f) plan or engage in any illegal activity; and/or

(g) gather and store personal information on any other users of Xiaomi Cloud to be used in connection with any of the foregoing prohibited activities.

3.7 Aggregate data. We may de-identify and aggregate data including your Xiaomi Account information and User Content and use such data for analysis.

4. Proprietary Protection and Restrictions

4.1 Xiaomi's Property Rights. You acknowledge and agree that Xiaomi owns all legal rights, titles and interests in and to Xiaomi Cloud (except for User content), including but not limited to:

(a) all elements in Xiaomi Cloud, such as content, data, technology, software, code, user interface, and any related derivative works, except for the content uploaded and disseminated by users;

(b) user information; and

4.2 Software. Xiaomi Cloud can contain software that provide network services. Our licensors shall have sole and exclusive ownership of all right, title, and interest in and to the software, including but not limited to images, photographs, animations, video, audio, music, text, add-ons, and accompanying help materials. You may not (a) reverse engineer, decompile or disassemble, or otherwise attempt to extract the source code of the software unless you have their prior permission; or (b) infringe their copyrights.

4.3 License from Xiaomi. We hereby grant you a non-transferable and non-exclusive license to download, install, and use Xiaomi Cloud, via web or app, provided that you shall not:

(a) license, sell, lease, transfer, assign, distribute, or otherwise commercially exploit the content of Xiaomi Cloud;

(b) modify, alter, combine with others, create derivative works from, reverse engineer any or all of Xiaomi Cloud;

(d) duplicate, reproduce, download, change, display, post or distribute any content contained in Xiaomi Cloud in any way, including any graphics, texts, and MIUI or Xiaomi logos;

(e) remove, obscure, or alter any marks or proprietary notices, including copyright notices, that may be affixed to or contained in Xiaomi Cloud; and provided that

(f) the information you publish on Xiaomi Cloud website or platform shall not infringe the Intellectual Property Rights of any third party. After proper notification by the copyright holder or its agent to us, and confirmation through our investigation, we will remove content that infringes copyrights.

4.4 License of User Content to Xiaomi. You hereby grant Xiaomi an irrevocable, non-exclusive, royalty-free and fully paid-up, worldwide license:

(a) (with a right to sublicense) to reproduce, distribute, publicly display, perform or create derivative works from, incorporate into other works, or otherwise exploit such content, excluding your personal data, for the purpose of providing you with Xiaomi Cloud and improving our services.

(b) to use the User Content in any other way set out in these Terms and in Xiaomi Cloud Privacy Policy.

4.5 Other conditions. You agree to irrevocably waive any claim to any moral rights and right of attribution in relation to your User Content. If you choose to make your User content publicly available, you are responsible for any risk of disclosure of your identity and personal data.

4.6 Warranties. By submitting or posting User Content to Xiaomi Cloud, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it. You warrant that (a) your User Content does not violate any laws, contribute to or encourage unlawful conduct, or otherwise be obscene, objectionable, in poor taste and that (b) all Intellectual Property created by you pursuant to these Terms does not infringe rights (including Intellectual Property Rights) of any third party. If you receive a notice of infringement, you must expeditiously remove and/or disable access to the infringing content, and contact Xiaomi for more detailed information.

4.7 You further undertake that you will not:

(a) remove, conceal, or alter any proprietary notices may be affixed to or contained in Xiaomi Cloud;

(b) interfere with or attempt to interfere with Xiaomi Cloud or the normal operation of Xiaomi website or any part of it;

(c) circumvent, attempt to circumvent, or claim to be able to circumvent any content protection or data measurement tools associated with Xiaomi Cloud;

(d) interfere with or disrupt Xiaomi Cloud (including accessing Xiaomi Cloud through any automated means, like scripts or web crawlers), any servers or networks connected to Xiaomi Cloud (including any unauthorized access to use or monitor data or traffic thereon);

(e) use any registered and unregistered products, service marks, company logo, URL, or other signs of Xiaomi in any written format or graphic form without Xiaomi's prior written consent;

(f) display or otherwise make available the personal data of any individual other than yourself without the individual's prior written consent;

(g) use any mark in a way that tarnishes the reputation of the mark owner, harm, or undermine the rights of the owner;

(h) create any obligations, transfer your rights and privileges to any other individual except as otherwise specifically provided in these Terms; and

(i) export or disclose any user information, unless specified by Xiaomi in written form. If you have breached this clause, you shall stop using and delete the information within 24 hours after the breach.

4.8 Feedback. By making any recommendation to us ("Feedback"), you assign to us all rights to such Feedback and authorize us to use such Feedback and relevant information in any reasonable way. We will deem such Feedback to be non-confidential and non-proprietary. If you provide us with any personal data of any individual other than yourself, you represent and warrant to us that (a) such personal data is legitimate and accurate, (b) you are validly acting on behalf of such individuals, and (c) you have the authority of such individuals to provide their personal data to us and for us to collect, use, disclose and process such personal data for the purposes of managing and using the Feedback, and facilitating the feedback process.

5. Limitation of liability

5.1 Nothing in these Terms shall be construed to limit or exclude either party's liability for:

(a) death or personal injury caused by its negligence;

(b) fraud or fraudulent misrepresentation by it; or

5.2 Notwithstanding any other provision of these Terms, but without prejudice to clause 5.1, Xiaomi, its officers, directors, employees, agents, and partners, shall not have any liability whatsoever and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise for any:

(a) loss (whether direct or indirect) of profit;

(b) loss (whether direct or indirect) of anticipated savings;

(d) loss or damage (whether direct or indirect) to goodwill or reputation; or

(e) indirect, special, consequential, exemplary or punitive losses or damages.

5.3 Without prejudice to clauses 5.1 and 5.2, Xiaomi's maximum total liability to you, whether in respect of one claim or a series of related claims and whether arising in contract, tort (including but not limited to negligence), breach of statutory duty or otherwise, shall not exceed the fees (if any) you pay for Xiaomi Cloud. We shall not be liable for any damages, foreseeable or not.

6. Indemnity

You agree to hold Xiaomi, its directors, officers, employees, and agents harmless from any claim or demand, including any legal fees, made by a third party, arising from (a) any breach by you of these Terms and (b) any action taken by Xiaomi as part of our investigation of a suspected breach of these Terms.

7. Disclaimers

7.1 Xiaomi, its affiliates, subsidiaries, officers, directors, employees, agents, re-sellers, distributors, vendors, and partners disclaim all warranties, whether express or implied, guarantees, or conditions with respect to your use of Xiaomi Cloud. You understand that Xiaomi Cloud services are provided on an "as is" basis "with all faults" and "as available". We make no warranty (a) your use of Xiaomi Cloud will be timely, uninterrupted, secure, error-free or (b) that content loss won't occur. We do not represent or guarantee that Xiaomi Cloud will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusions and we disclaim any liability relating thereto. We also disclaim any loss caused to users because of third parties, including but not limited to communication line breakdown, technical problems, network and/or computer breakdown, or other force majeure.

7.2 To the extent permitted by law, Xiaomi excludes all implied warranties, including fitness for a particular purpose, workmanlike effort, and product of a satisfactory quality. Xiaomi may add or remove certain functions, suspend or completely stop providing Xiaomi Cloud. You hereby understand and consent that Xiaomi has the right to alter, suspend, or terminate Xiaomi Cloud. Xiaomi has no obligation to inform you and is not liable for any damage incurred by any user or any third party, whether direct or indirect.

7.3 You agree to help Xiaomi avoid any lawsuit, complaint, loss, damage, responsibility, cost, and fees from any third party in relation to your use of Xiaomi Cloud. You bear all risks resulting from your use of Xiaomi Cloud and disclosure of User Content. Xiaomi disclaims any liability for any loss or dispute arising from a third party's access or use of Xiaomi Cloud with your authorization. In the event that you and Xiaomi jointly file a lawsuit against a third party, you shall not unilaterally reconcile the claim without written consent from Xiaomi.

7.4 We do not endorse the User Content or any information posted on Xiaomi websites and/or other Xiaomi platforms. You bear sole and full responsibility for your User Content, including any risks of threat, defamation, sedition, offensive or illegal information or activities, causing others psychological, physical, and economic loss.

8. Modifications

8.1 To these Terms. We reserve the right to change or modify any of these Terms at any time. If we make a material change to these Terms, we will post the new Terms on i.mi.com, or send you an email, provided that you have given us a valid and current email address. Any changes or modifications to these Terms will become binding after your continued use of Xiaomi Cloud after such Terms have been updated by us.

8.2 To the services. We reserve the right to change, suspend, or discontinue all or any part of Xiaomi Cloud at any time without prior notice.

9. Termination

9.1 Term. These Terms remain valid and applicable as long as you continue to use Xiaomi Cloud, subject to termination in accordance with Clause 9. If you had used Xiaomi Cloud prior to accepting these Terms, you hereby acknowledge and agree that these Terms are effective and binding from the date you first used Xiaomi Cloud.

9.2 Xiaomi's rights to terminate these Terms. At all times, Xiaomi retains sole and absolute discretion to terminate these Terms without prior notice, and suspend your right to use Xiaomi Cloud and/or your Xiaomi Account, with immediate effect, if Xiaomi believes in good faith that you have violated these Terms. The right to terminate these Terms shall not prejudice any other right or remedy of Xiaomi in respect of any breach.

9.3 Grounds for termination. Xiaomi may suspend and/or terminate your rights under these Terms in the following circumstances (non-exhaustive):

(a) Your violation of these Terms, or any other policies or guidelines in relation to Xiaomi Cloud;

(b) Your request to cancel or terminate your Xiaomi Account;

(d) Where provision of Xiaomi Cloud to you is, or may become, unlawful;

(e) Unexpected technical or security issues or problems;

(f) Your failure to pay any fees owed by you in relation to Xiaomi Cloud; and

(g) Your participation in fraudulent or illegal activities, including possible infringement of a third party's Intellectual Property Rights.

9.4 Effect of termination. Upon termination of these Terms, Xiaomi may suspend or terminate your right to use Xiaomi Cloud and/or your Xiaomi Account. Xiaomi will not be responsible to you or any other third party for any losses incurred as a result of suspension and/or termination of your access to Xiaomi Cloud and/or your Xiaomi Account.

10. Third Party Websites and Advertisements

Xiaomi Cloud may contain advertisements and links to other websites operated by third parties. Should you visit such a third party's platform, the third party's terms and conditions will apply. Xiaomi is not responsible in any way for third-party platforms and their content, nor does it endorse or warrant that the content is accurate. You agree that Xiaomi is not liable in any way for any loss you may incur in relation to your access to a third party's website or advertisement.

11. General Provisions

11.1 Governing law. These Terms shall be governed by, construed and enforced in accordance with the laws of Singapore. The parties hereby submit to the exclusive jurisdiction of the courts of Singapore for purposes of all legal proceedings arising out of or relating to these Terms. For the avoidance of doubt, your use of Xiaomi Cloud shall also be in compliance with the laws of other applicable jurisdictions, including the country in which you reside, from where you use Xiaomi Cloud, and the country in which your Xiaomi Cloud data is stored.

11.2 Privacy. Xiaomi Privacy Policy is incorporated into and forms part of these Terms. By using our services, you agree to Xiaomi Privacy Policy.

11.3 Force majeure. Notwithstanding any other provision of these Terms, Xiaomi shall not be deemed to be in breach of these Terms, or otherwise be liable to you or any third party, for any delay in performance or the non-performance of any of its obligations under these Terms due to force majeure. A force majeure includes, but is not limited to, any explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition, terrorist attack; acts, restrictions, regulations, bye-laws, prohibitions, or measures of any kind on the part of any governmental, parliamentary or local authority; and power failure, machinery breakdown, and the impossibility of the use of public or private telecommunications networks.

11.4 Waiver. Xiaomi does not waive any of its rights or remedies by failing to or delaying in exercising rights and remedies it has under these Terms. Xiaomi is not prevented from further exercise of rights or remedy after it has exercised a single or partial right or remedy. Any waiver of a breach of any of these Terms or of any default under these Terms shall not be deemed a waiver of any subsequent breach or default and shall not affect these Terms.

11.5 Assignment. These Terms shall be binding upon and inure to the benefit of both parties and their respective personal representatives, successors, and permitted assigns. A reference to any party shall include that party's personal representatives, successors or permitted assigns. You may not assign or transfer any rights or obligations to any other person without our prior written approval under these Terms, provided that the assignee undertakes in writing to us to be bound by your obligations under these Terms.

11.6 Entire Agreement. These Terms contain and represent the entire agreement between the parties with respect to Xiaomi Cloud, and supersede all prior agreements, representations or understandings, oral or written, express or implied, regarding such subject matter.

11.7 Severability. If any provision in these Terms is held as invalid, illegal or unenforceable for any reason, it will not affect the validity of any other provision in these Terms.

11.8 Rights of Third Parties. A person or entity who is not a party to these Terms shall have no right under any legislation or case law to enforce any of the terms.

11.9 Headings. The headings contained in these Terms are only for reference purposes and shall not affect in any way the meaning or interpretation of the Terms.

12. Definitions

"Intellectual Property" or "Intellectual Property Rights" collectively means any and all:

(a) ideas, designs, concepts, methods, techniques, inventions, discoveries, developments, prototypes, models, samples, formulas, algorithms, apparatus, products, processes, systems, and technologies in any stage of development, regardless of patentability, but including patents, patent applications, trade secrets, and know-how;

(b) literary, artistic, dramatic and musical works, including (but not limited to) paintings, images, drawings, photographs, sketches, pictures, moulds, casts, blueprints, databases, specifications, product plans, research and development information, and all present and future copyrights and any moral rights recognized by law;

(c) and other intellectual property rights, in each case whether registered or not and including any application for registration; and any and all rights in relation to improvements, modifications, derivative works which are conceived, created, developed, or reproduced based on Xiaomi Cloud.

"Terms" means all the terms and conditions set out herein.

"User Content" means any content that users post, upload, message, email or otherwise transmit with Xiaomi Cloud. Such content may include information, data, text, software, music, recordings, photos, graphics, video, messages, and user-related information.

"Xiaomi" means Xiaomi Inc, its subsidiaries and affiliates.

13. Contact us

If you have any questions about this Terms of Service, please contact us at the address below or by phone, fax or email.

Xiaomi Inc.

#006, 6th Floor, Building 6, 33 Xi'erqi Middle Road, Haidian District, Beijing 100085, China

Phone: +86 010-6060-6666

Fax: +86 010-6060-6666-101

Email: micloud-help@xiaomi.com