Xiaomi Home Cloud Storage Automatic Renewal Service Agreement

Xiaomi Inc. (hereinafter referred to as "Xiaomi") hereby reminds the user to carefully read and fully understand the Xiaomi Home Cloud Storage Automatic Renewal Service Agreement (hereinafter referred to as "this Agreement"). The user shall carefully read and fully understand the terms of this Agreement, in particular those relating to the exemption or limitation of Xiaomi's liability, dispute resolution and applicable laws. The user's attention is drawn to the terms relating to the exemption or limitation of liability, which have been marked in bold. The user should carefully read and choose to accept or not accept this Agreement (a minor should be accompanied by his/her legal guardian while reading this Agreement). By enabling the Xiaomi Home Cloud Storage Automatic Renewal Service (hereinafter referred to as the "Service"), the user agrees to accept this Agreement and to be fully bound by its terms. If the user does not accept the terms of this Agreement, the user should not enable the Xiaomi Home Cloud Storage automatic renewal service. Xiaomi reserves the right to amend this Agreement. Updated terms of this Agreement will be published on the official Xiaomi Home Cloud Storage service website or software and become effective from the date of publication.

1. General Provisions

1.1 The Service provides the user with automatic renewal service on the precondition that the user has enabled the cloud storage VIP member service.

1.2 Unless otherwise specified in this Agreement or separately agreed upon by both parties, the types, service standards, and billing standards of the Service are as defined in the Mi Home app Xiaomi Home Cloud Storage interface and the on-page descriptions presented at the time of purchasing actual services.

1.3 This Agreement is the agreement concluded by and between the user and Xiaomi and its affiliated companies and operation partner (hereinafter referred to as the "Partner") concerning the User's use of the Service.

2. Service Description

2.1 The Service originates from the user's need for automatic renewal and is provided to the user, on the precondition that the user has enabled the cloud storage service, in order to prevent loss to the user as a result of a failure to renew the cloud storage service in a timely manner due to negligence or other reason. The user authorizes Xiaomi to commission a payment channel to deduct the next billing cycle payment from the user's replenishment account balance or any third-party payment account linked to the user's account (hereinafter collectively referred to as "Payment Account") when the Service is about to expire. The billing cycle may comprise, but is not limited to, a monthly or other specified cycle (the same applies hereafter). The user may select which billing cycle to use from among the options shown on the Xiaomi Home Cloud Storage platform at their own discretion. The service is rendered on the precondition that the user has linked a Payment Account to their Mi Account and that funds are able to be successfully deducted from such Payment Account.

2.2 Subject to the preconditions set out in 2.1 above, "automatic renewal" specifically refers to the method by which Xiaomi collects a payment from the user's Payment Account for the next billing cycle. The user must ensure that Xiaomi can successfully deduct funds from the above-described Payment Account. In the event of a renewal failure caused by an insufficient balance in the above-described Payment Account, the user shall bear sole liability, and Xiaomi shall have the right to discontinue or terminate the user's corresponding rights, interests, and services.

2.3 By opting to enable automatic renewal, the user is deemed to have agreed to authorize Xiaomi to issue a debit instruction to the user's Payment Account, and the user furthermore agrees that the next billing cycle amount may be deducted from the Payment Account pursuant to the debit instruction issued by Xiaomi without having to verify the user's member account password, payment password, SMS verification code, or other information.

2.4 While enjoying the Service, the user shall be bound by the terms of the Xiaomi Home Cloud Storage User Agreement, related subagreements, and the content of any on-page descriptions or other rules or procedures. By using the Service, the user is deemed to have agreed to the Service's terms of service and any public notices issued by Xiaomi that are applicable to the Service. In the event of any conflict between this Agreement and the Xiaomi Home Cloud Storage User Agreement, this Agreement shall prevail.

2.5 The Service Xiaomi provides to the user may only be used in conjunction with the cloud storage platform. Any activity that separates the Service provided by Xiaomi from the platform by illegal means, such as malicious cracking, is not covered by the scope of the Service as set out in this Agreement. Furthermore, the perpetrator of such activity shall be held liable for all legal consequences arising therefrom, and Xiaomi will pursue legal action against the infringing party to the full extent of the law.

3. Enabling the Service

3.1 By enabling the Service, the user is deemed to have granted Xiaomi the right to deduct a service charge for the following billing cycle from the balance of the user's registered account when the service period of the current billing cycle is about to expire. The billing cycle may comprise, but is not limited to, a monthly, quarterly, annual, or other specified cycle.

3.2 The user is obligated to regularly monitor the Payment Account of the selected payment channel and shall ensure that the account has a balance which is sufficient to render the Service. In the event of a deficiency with respect to any of the above-stated conditions (including, but not limited to, an insufficient balance or a balance which is not sufficient to pay for multiple automatic renewal service options selected by the user) which inhibits the automatic renewal service from being rendered, Xiaomi shall have the right to suspend the user's cloud storage service.

3.3 A single auto-renewal order only matches with one camera device and one Xiaomi account. If you have changed the Xiaomi account, you need to cancel your previous subscription for the old account and then enable the subscription again.

4. Service Term

4.1 This Agreement shall become effective after the user chooses to accept or use the Service and shall remain in effect until the user terminates the Service.

4.2 The user has the right to choose to terminate the Service at any time through the Mi Account settings. Once the Service is terminated, Xiaomi will stop providing the Service to the user.

4.3 Xiaomi has the right to discontinue or terminate the Service in accordance with its own business adjustments, price changes, or other reasons. In the event that such a situation occurs, Xiaomi will notify the user by way of an announcement.

5. Unsubscription and Termination of the Service

5.1 The user may choose to unsubscribe from the Service at their own discretion.

5.2 The process for terminating the Agreement consists of the following steps to stop the automatic renewal member service:

5.2. (1) The user may cancel their automatic renewal through the corresponding channel used to enable the Service.

5.2. (2) In order to successfully unsubscribe from the Service, the user must ensure that the Payment Account entered in the channel used to enable the Service matches their registered account used for making payments.

5.2. (3) After canceling an automatic renewal plan, the user will still retain access to the cloud storage service for the remainder of their current service term. Once the user's service term expires, it will not be automatically renewed.

5.2. (4) Prior to choosing to terminate the Service, the authorization granted by the user to Xiaomi to issue a debit instruction to the user's Payment Account shall remain in effect. Xiaomi will not provide refunds for charges made in accordance with the authorized debit instruction.

6. Dispute Resolution and Applicable Law

Any dispute which arises between Xiaomi and the user in the course of performing this Agreement shall be resolved through amicable negotiation. If a dispute cannot be resolved thereby, either Party shall have the right to submit such dispute to the local people's court which has jurisdiction over the district in which the defendant is located. The interpretation, validity, and execution of this Agreement shall be governed by the laws of the People's Republic of China.

7. Other

This Agreement was last updated on Wednesday, May 1, 2019.