Xiaomi Home Cloud Storage User Agreement

Xiaomi Inc. (hereinafter referred to as "Xiaomi") hereby reminds the user to carefully read and fully understand the Xiaomi Home Cloud Storage User 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 using the cloud storage service, the user agrees to accept this Agreement and to be fully bound by its terms. If the user does not agree to this Agreement, the user should not use the Xiaomi Home Cloud Storage 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 Xiaomi Home Cloud Storage service is a neutral information storage space that Xiaomi provides to numerous smart security camera users. The service utilizes cloud storage technology to provide users with various online services for smart security cameras including data storage, synchronization, and management. Users must understand that Xiaomi only provides information storage space services to users and is a neutral technical service provider.

1.2 Unless otherwise specified in this Agreement or separately agreed upon by both parties, the types, service standards and billing standards of the Xiaomi Home Cloud Storage service are as defined in the Mi Home app smart security camera 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 (hereinafter referred to as the "User") and Xiaomi and its affiliated companies and operation partner (hereinafter referred to as the "Partner") concerning the User's use of the Xiaomi Home Cloud Storage service (hereinafter referred to as the "Service").

2. User Account Registration and Login

2.1 The User must register a Mi Account ID to use the Xiaomi Home Cloud Storage service and must comply with the "Mi Account ID Agreement" when registering and using a Mi Account ID. The full text of the Mi Account ID Agreement may be found at

https://account.xiaomi.com/about/protocol/agreement?_locale=en_US.

2.2 The Mi Account ID will be used as the basis of the User's identity to use the Xiaomi Home Cloud Storage service. The User shall exercise due caution to ensure the security of his/her Mi Account ID username and password, and the User shall assume full liability in the event of a dispute arising from or in connection with the conduct of the Mi Account ID or under the Mi Account ID.

3. Service Fees

3.1 Upon subscribing to and/or using the Xiaomi Home Cloud Storage service, the User shall pay a corresponding fee to Xiaomi. The User may select an appropriate Xiaomi Home Cloud Storage plan according to his/her own needs. Plan pricing is determined according to the prices officially announced by Xiaomi.

3.2 The User may make an online payment to purchase the service directly via the Mi Home app. The User must understand that the cloud storage service is a virtual product and that once a purchase has been made, it cannot be refunded.

3.3 Xiaomi only issues invoices to the User of the Xiaomi Home Cloud Storage service and does not provide invoices to any third party. If you need to make out an invoice, you can call the Xiaomi Customer hotline:400-100-5678.

3.3.1 The User shall, in accordance with the Xiaomi Home Cloud Storage service rules, submit an application for an invoice and associated materials, including but not limited to screenshots of payment replenishment records, name on the invoice, and amount specified on the invoice. Within 30 days of receipt of the request, Xiaomi will issue a VAT invoice with the corresponding amount and send it to the User. Once the relevant invoice has been sent to the mailing address specified by the User, it shall be deemed that Xiaomi has fulfilled its obligation to issue an invoice.

3.3.2 Once an invoice has been issued, it cannot be reissued. The User shall bear sole liability arising from an erroneous name, mailing address, or other information on the invoice caused by an error in material submitted by the User.

3.4 Upon expiration of a Xiaomi Home Cloud Storage plan, the Service shall be automatically terminated and impact the User's use thereof. If the User elects to continue using the Service, the User must purchase a renewal plan.

4. Service Rules

4.1 The User may directly access the purchasing options page by tapping "Cloud storage" located on the bottom of the Live View page in the Mi Home app. If the User's cloud storage service has expired, the User may open the cloud storage view page and tap "Settings > Renew now" to renew his/her cloud storage service.

4.2 Once the User has completed payment and made a purchase, the Service will immediately take effect. The start and end time of a cloud storage service will be displayed after the User selects and purchases a storage plan. The service time of a plan is calculated as follows: If the User is not currently using the cloud storage service or the service has already expired, the service time is calculated starting from the time of purchase. Example: If user purchases 7 days of cloud storage under an annual service plan on June 5, 2018 at 11:30, then the start time is June 5, 2018 at 11:30 and the end time is June 5, 2019 at 11:30. If the User is currently using a cloud storage plan, the renewal service time will be calculated starting from the time at which the cloud storage service expires. For example, if a cloud service were to end on June 5, 2019 at 11:30, then a purchased renewal service would begin on June 5, 2019 at 11:30.

4.3 Once the service takes effect, if the camera detects movement, it will immediately upload video to the cloud for storage. The User must be aware that if the camera enters sleep mode, it will stop uploading video to the cloud. Once the Service has expired, the camera will not upload video to the cloud if movement is detected. Continuous footage is saved and deleted to the cloud on a rolling basis, wherein the oldest videos are deleted first to make room for new footage. If the User purchases a 7-day continuous recording plan, the cloud service will delete the first day of saved video on the second day after the service expires, and all video saved in the cloud will be deleted 7 days after the service expires.

4.4 During use, the User may tap "Member Management" on the cloud storage view page to access an on/off switch for "Upload video". When the service is switched off, video will not be uploaded to the cloud. The User may also tap "Delete" or "Download" on the cloud storage view page to delete or download videos as needed.

4.5 The User agrees that a service plan cannot be changed after it has been purchased. If the User needs to modify a plan, the User will have to first use up the current plan which was already purchased and then purchase a new plan.

4.6 The cloud storage service binds a device to an account. If a device with the cloud storage service is bound to a new account, it will no longer be able to access the service. If User A unbinds a device after purchasing the cloud storage service and User B binds the same device to a different account, User B will be unable to access User A's videos stored in the cloud. If User B needs to use the cloud service, User B must purchase a new plan.

4.7 Video uploaded to the cloud may be affected by the User's network status. When the User has a good network connection, the camera will upload the video at the default highest resolution of the device to the cloud. In the case of a poor network connection, we will take temporary measures to reduce the resolution based on the actual network status and ensure, insofar as possible, the integrity of the uploaded video. If the video still cannot be uploaded normally after reducing the resolution, it could result in the video being lost. Therefore, the User should ensure sufficient bandwidth by not connecting too many devices to the network.

5. Usage Specifications

5.1 The User may use the Xiaomi Home Cloud Storage service in accordance with this Agreement and laws. The User shall not commit the following acts:

5.1.1 Delete any copyright information on the service and other copies, or modify, delete or circumvent the technical measures set by the Xiaomi Home Cloud Storage service for the protection of intellectual property rights;

5.1.2 Perform reverse engineering of the Xiaomi Home Cloud Storage service, such as disassembly, decompilation or other attempts to obtain the source code of the Xiaomi Home Cloud Storage service;

5.1.3 Add, remove or change the features or running effects of the Xiaomi Home Cloud Storage service by modifying or forging the instructions and data during the running of the Xiaomi Home Cloud Storage service, or otherwise operate or disseminate to the public the software or methods used for the purposes described above, whether or not for commercial purposes;

5.1.4 Use the Xiaomi Home Cloud Storage service to commit any acts detrimental to network security, including but not limited to: using unauthorized data or access to unauthorized servers/accounts; unauthorized access to public networks or the operating system of others and delete, modify or add any information stored; unauthorized attempts to detect, scan or test the Xiaomi Home Cloud Storage service system or network weaknesses or do other things that destruct network security; attempt to interfere with or destruct the normal operation of the Xiaomi Home Cloud Storage service system or website, deliberately spread malicious programs or viruses, or carry out other acts that destruct or interfere with normal network information services; forge the name or partial names of TCP/IP data packet;

5.1.5 The User logs in or uses the Xiaomi Home Cloud Storage service through third party compatible software or systems not developed, authorized or approved by Xiaomi, or makes, publishes or disseminates the above tools;

5.1.6 Without the written consent of Xiaomi, the User does anything on the Xiaomi Home Cloud Storage service or the information contained therein, including but not limited to using, leasing, lending, copying, modifying, setting up a link, reproducing, compiling, releasing, publishing, establishing a mirror image website, or unauthorized use of the Xiaomi Home Cloud Storage service to develop related derivative products, works, services, plug-ins, compatibility or interconnection;

5.1.7 Use the Xiaomi Home Cloud Storage service to publish, transmit, disseminate or store any content that violates the laws of the region the User is currently living in. If the User resides in the mainland of the People's Republic of China, uses the Xiaomi Home Cloud Storage service to publish, transmit, disseminate, or store any content that violates national laws, endangers national security, reunification of the motherland, social stability / public order, or any improper, offensive, obscene or violent content, or any content in violation of national laws and regulations;

5.1.8 Use the Xiaomi Home Cloud Storage service to publish, transmit, disseminate or store any content that infringes the legitimate rights such as intellectual property rights and trade secrets of others;

5.1.9 Use the Xiaomi Home Cloud Storage service to publish, transmit or disseminate advertising information or spam in bulk;

5.1.10 Use the Xiaomi Home Cloud Storage service and other services provided by Xiaomi, in any unlawful manner, for any unlawful purpose or in any manner inconsistent with the licensed usage under this Agreement.

5.2. Information Publication Specifications

5.2.1 The User must guarantee that he/she has the intellectual property rights or has obtained legal authorization for information and content published using the Xiaomi Home Cloud Storage service, and that his/her use of the Xiaomi Home Cloud Storage service does not infringe on any legitimate rights or interests of any third party;

5.2.2 While using the Xiaomi Home Cloud Storage service, the User is required to comply with local laws and regulations. If the User resides in the mainland of the People's Republic of China, the User must comply with the requirements of the "Seven Baselines," including the laws and regulations of China, the socialist system, the country's interests, the legitimate rights and interests of citizens, the social public order, morals, and data authenticity;

5.2.3 The User shall not use the Xiaomi Home Cloud Storage service to commit the following acts, including but not limited to:

5.2.3.1 Creating, copying, publishing, disseminating, or storing any content in violation of the region's national laws and regulations. If the User resides in the mainland of the People's Republic of China, engaging in the behaviors described in Items (1) to (11) below:

(1) Any content that is against the basic principles established by the Constitution;

(2) Any content endangering national security, divulging state secrets, subverting state power, or undermining national unity;

(3) Any content that harms state honor and interests;

(4) Any content that incites national hatred or ethnic discrimination, or destroys national unity;

(5) Any content that undermines the national religious policy or promotes cults or feudal superstitions;

(6) Any content that disseminates rumors, disturbs the social order, or undermines social stability;

(7) Any content that disseminates obscenity, pornography, gambling, violence, murder, or terror or instigates crimes;

(8) Any content that insults or slanders others, or infringes on the legitimate rights and interests of others;

(9) Any content that incites illegal assembly, association, processions, demonstrations, or gatherings to disrupt social order;

(10) Any content about activities carried out in the name of illegal non-governmental organizations;

(11) Any other content prohibited by laws and administrative regulations.

5.2.3.2 Publish, transmit, disseminate or store any content that infringes the legitimate rights such as reputation right, portrait right, intellectual property rights and trade secrets of others;

5.2.3.3 Make up the fact or conceal the truth to mislead or deceive others;

5.2.3.4 Publish, transmit or disseminate advertising information or spam;

5.2.3.5 Engage in other acts that violate local laws and regulations and so on.

5.2.4 Without the permission of Xiaomi, the User shall not carry out any commercial conduct in the Xiaomi Home Cloud Storage service, such as advertising, selling merchandise.

5.3 The User understands and agrees that:

5.3.1 Xiaomi will determine whether the User is suspected of violating the above-mentioned usage specifications and, based on the result of such determination, suspend or terminate the use license granted to the User or take other restrictive measures that may be taken in accordance with this Agreement;

5.3.2 Xiaomi will directly delete any information suspected of being unlawful or infringing the legitimate rights of others or violating this Agreement, which is published by the User during use of the licensed Software;

5.3.3 If the User violates the above-mentioned usage specifications and thus causes damages to third parties, the User must assume sole liability in the User's own name and hold Xiaomi harmless from and against any loss or expense arising therefrom;

5.3.4 The User shall indemnify and hold harmless Xiaomi from and against any and all losses, third-party claims, administrative penalties, damages and expenses, including reasonable attorney fees, investigation and evidence collection costs, incurred or suffered by Xiaomi resulting from the User's violation of relevant laws or breach of this Agreement.

6. Liability for Breach

6.1 Xiaomi has the right to determine whether the User's conduct complies with the terms set out in the Xiaomi Home Cloud Storage Service Agreement. If Xiaomi believes that the User has violated any relevant law or regulation, provision of this Agreement, or related rule, depending on the severity of the User's violation, Xiaomi has the right to take action against the User without prior notice, including removing offending information and restricting, suspending, or terminating the User's use of the Xiaomi Home Cloud Storage service, pursuing legal liability against the User for such acts, and taking other measures Xiaomi deems appropriate. If Xiaomi suffers any loss or damage arising therefrom (including, but not limited to, a claim for damages against it by any third party or penalty levied by any administrative authority), the User shall assume full liability.

7. Service Risk and Disclaimer

7.1 Xiaomi does not assume any liability for loss of data or other loss caused by the User's failure to back up his/her own data prior to expiration of a cloud storage plan.

7.2 Xiaomi provides services and support using current technologies. Xiaomi does not guarantee that there the operation of the Xiaomi Home Cloud Storage service will be free of interruption or error, nor does Xiaomi guarantee that it will remedy all defects in the Xiaomi Home Cloud Storage service, nor does Xiaomi guarantee that the Xiaomi Home Cloud Storage service will be able to meet all of the User's requirements. Xiaomi does not assume any liability for consequences arising therefrom.

7.3 Neither Xiaomi nor its Partner is liable for any loss suffered by the User due to reasons attributable to third parties such as communication line failure, technical problem, network or computer terminal device failure, system instability and other various force majeure factors.

7.4 The Xiaomi Home Cloud Storage service, like most other cloud services, may be affected by factors including but not limited to user reasons, network service quality, social environment differences, etc., and may also be subject to the harassment relating to various security problems, such as the usage of data of the User by others, resulting in harassment in real life; other software downloaded and installed by the User or other websites visited by the User contain "Trojan horse" and other viruses, threatening the security of the User's terminal device information and data, and then affecting the normal use of the Xiaomi Home Cloud Storage service. The User shall increase their own awareness of information security and user data protection, and pay attention to strengthening password protection, so as to avoid loss and harassment.

7.5 Xiaomi specifically draws the User's attention to that, in order to protect the company's business development and adjustment autonomy, Xiaomi has the right to modify or suspend the services at any time without notice to the User and without any liability to the User or any third party.

7.6 Except as expressly provided in laws and regulations, Xiaomi will do its utmost to ensure that the Xiaomi Home Cloud Storage service and the technology and information involved are safe, effective, accurate and reliable; however, subject to the existing technology, the User understands that Xiaomi cannot guarantee it.

7.7 The User shall be solely liable for any personal injuries or incidental or consequential damages, including but not limited to loss of profit, loss of data, business interruption or other commercial damages arising out of or in connection with:

(1) the use or failure to use the Xiaomi Home Cloud Storage service;

(2) unauthorized use of the Xiaomi Home Cloud Storage service or modification of the User's data by a third party;

(3) costs and losses incurred by the User during use of the Xiaomi Home Cloud Storage service;

(4) misunderstanding by the User of the Xiaomi Home Cloud Storage service;

(5) other losses in connection with the Xiaomi Home Cloud Storage service for reasons not attributable to Xiaomi.

7.8 The User agrees that Xiaomi has the right to discontinue, suspend, or terminate the provision to the User of the Xiaomi Home Cloud Storage service, in whole or in part, at the behest of a judicial or supervisory department, supervisory institution, or for its own business reasons. Xiaomi shall not assume any liability arising therefrom.

7.9 The User understands and agrees that Xiaomi will, to the best of its ability, exercise commercially reasonable efforts to guarantee the security of user data stored in the Xiaomi Home Cloud Storage service but that Xiaomi cannot provide a full guarantee. The User must understand that Xiaomi is not responsible for any failure to delete, store, or back up data in the service.

8. Statement on Intellectual Property Rights

8.1 Xiaomi is the intellectual property right holder of the Xiaomi Home Cloud Storage service. All intellectual property rights such as copyright, trademark, patent, trade secret, etc. relating to the Xiaomi Home Cloud Storage service, and all information related to the Xiaomi Home Cloud Storage service (including but not limited to text, pictures, audio, video, graphics, interface design, layout, data or electronic documents, etc.) are protected by local laws and regulations and corresponding international treaties, and Xiaomi enjoys the above intellectual property rights.

8.2 Without the prior written consent of Xiaomi, the User shall not independently use or transfer any of the above intellectual property rights for any commercial or non-commercial purposes, or permit any third party to do so. Xiaomi reserves the right to pursue legal liability for such acts.

9. TERMS OF USE FOR MINORS

9.1 If the User is a minor under the age of 18, he/she shall read this Agreement and use the Xiaomi Home Cloud Storage service under the supervision and guidance of their legal guardian and with the consent of their legal guardian.

9.2 If the User is a minor, he/she shall pay special attention to the following:

9.2.1 Minors shall use the Xiaomi Home Cloud Storage service under of the supervision and guidance of their legal guardian and shall correctly learn to use the internet within a reasonable extent, avoid overindulging in cyberspace, and cultivate good online habits.

9.2.2 Minors must abide by the "National Internet Civilization Convention for Teenagers":

(1) Do be good at learning on the internet, and do not browse harmful information

(2) Do be honest and friendly in communication, and do not insult or defraud others.

(3) Do increase awareness of self-protection, and do not physically meet with internet users without exercising due caution.

(4) Do maintain the security of the internet, and do not undermine the order of the internet.

(5) Do benefit the health of the body and mind, and do not indulge in virtual reality.

10. Amendment

10.1 Xiaomi reserves the right to amend the terms of this Agreement from time to time at its sole discretion, and any such amended terms will be published in a timely manner on relevant web pages. If you do not agree to any amendment, you shall take the initiative to cancel the services. If you continue to use the service, then it will be deemed that you have accepted the amended Agreement.

10.2 Xiaomi or the Partner reserves the right from time to time and at its sole discretion to modify or change the paid services provided, the charging criteria, charging mode, service charges or service terms. Xiaomi and the Partner will do their utmost to notify the User of any amendments or changes by email or otherwise.

11. Applicable Law and Dispute Resolution

11.1 The validity and interpretation of this Agreement shall be governed by the laws of the mainland of the People's Republic of China. In the absence of relevant legal provisions, reference may be made to international business practices and/or business practices.

11.2 This Agreement is signed in Haidian District, Beijing.

11.3 Both the User and Xiaomi agree that any dispute arising from the Xiaomi Home Cloud Storage service shall first be settled through consultations by the Parties. If no settlement can be reached through such consultations, either Party may submit the dispute to the court of competent jurisdiction over the place where this Agreement is signed.

12. Miscellaneous

12.1 Xiaomi may inform the User of amendments to the terms of service, changes to the service and/or other important matters through a notice delivered by email, SMS, website announcement, or other manner deemed appropriate by Xiaomi. After Xiaomi uses any of the above-mentioned methods to send information to the User, if the User fails to object in writing within 3 days, the User shall be deemed to have accepted the content of the new information.

12.2 For any specific service of the Xiaomi Home Cloud Storage service, there may be a separate agreement and related business rules, etc. (hereinafter collectively referred to as the "separate agreement"), so the User should read and agree to relevant separate agreement before using such specific service.

12.3. This Agreement came into force on Tuesday, January 1, 2019 and was updated on Wednesday, May 1, 2019.

12.4 The headings to all the terms of this Agreement are for ease of reference only and shall be ignored in interpreting this Agreement.

12.5 If any provision of this Agreement is or becomes invalid or unenforceable for whatever reasons, the remaining provisions hereof shall remain in full force and effect and binding upon both Parties hereto.