HONOR ID User Agreement

Release date: September 01, 2021

1. About Us

HONOR ID and related technologies and functionality (collectively, the "Services") are operated by Honor Technologies Co., Ltd. (hereinafter referred to as "Honor", "we", "us" or "our"), a company incorporated under the laws of Russian Federation, with its registered office at 15 Krylatskaya str., Moscow 121614, Russia. In this Agreement (as defined below), "you" and "user" refer to any individual that uses and/or accesses HONOR ID.

2. Purpose of this Agreement

This user agreement, our privacy statement(which you can read more about by going to Account center > Settings > About) and other policies published or made available through or in connection with the Services (collectively, this "Agreement") are the terms and conditions applicable to you for your use of, and access to, the Services.

This Agreement tells you who we are, how we will provide the Services to you, what activities are permitted or not permitted, on or in connection with the Services, what to do if there is a service issue, how to contact us, and other important information.

3. Your acceptance of the Agreement

Please read this Agreement carefully. By creating and using an HONOR ID, you understand that you are entering into a binding legal agreement with us and you agree to all terms of this Agreement. If you do not accept any of these terms, or opt not to agree to this Agreement, you must not access or use the Services. If there is anything you do not understand in these terms or the other policies and information published or made available through HONOR ID, please contact us.

4. Eligibility

You must be above the age of 18 years for the legal jurisdiction that you reside in to enter into the contract (hereinafter referred to as the "Contract Age").

If you are above the Contract Age, you agree that you will:

(a) Unconditionally and irrevocably guarantee to perform all of the obligations in the Agreement; and

(b) Unconditionally and irrevocably indemnify Honor for any losses, costs, expenses, damages, claims, or liabilities suffered or incurred by Honor arising from your failure to comply with your obligations under any or all the terms, or your repudiation thereof.

You further agree that your obligations as guarantor and as indemnitor are those of a primary obligor, and that they exist irrespective of any total or partial invalidity or unenforceability of the Agreement.

You further agree that your liabilities as guarantor and indemnitor shall not be affected and/or discharged by any of the following: (a) termination, variation, assignment, novation, or sub-contracting by us of all or any of our rights and/or obligations under the Agreement; (b) waiver or grant of time by Honor under the Agreement; (c) claim or enforcement of payment by Honor; (d) dealing with any third party; (e) an act or omission which might otherwise operate to affect and/or discharge (whether in whole or in part) your liabilities under the Agreement; (f) your inability to pay your debts in due time; (g) any representation made to you by Honor with respect to the discharge of your obligations under the Agreement whether wholly or partly, or any representation made to you with regard to compromise in respect of any of your liabilities, whether wholly or partly.

5. Accessing the Services

HONOR ID is your unique user account which may be used to access all Honor services, including My HONOR, HONOR Store, HONOR Choice, and other Honor services, as well as further services as may be added from time to time and which you have opted to receive.

When you access other Honor services, you must also accept the agreements and terms that apply to the relevant Honor service. Once you use HONOR ID to access any Honor service, you may be automatically logged into all other Honor services. Similarly, if you log out of any Honor service, you may be automatically logged out of any open Honor service on your device. Services may vary depending on your device model and/or country/region.

Depending on your device and country, we will provide you with different services, some special services may not be available on your device. Please refer to the user manual of your device for details.

When you purchase a device from us, our affiliates, or certified partners, your HONOR ID serves as a universal credential that provides a consistent experience.

You are responsible for making all arrangements necessary for you to have access to the HONOR ID service, including providing your own compatible device, console, or platform, Internet access, and (if applicable) payment method. You are also responsible for ensuring that all persons who access the HONOR ID through your compatible device, console or platform, and Internet connection are aware of this Agreement, and that they comply with it in full at all times.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use HONOR ID, subject to, and in accordance with, the Agreement.

6. Security

You must keep your HONOR 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 HONOR ID details to a third party.

If you think that someone else might be using your HONOR ID or associated login details, you should let us know immediately using the contact information in Section "Contacting Us". You must take appropriate steps to protect your HONOR ID to prevent unauthorized use by third parties. You should also immediately change your password. You must not use anyone else's HONOR ID to access Honor services. You must take appropriate steps to protect your HONOR ID account information, bank or credit card information, computer, mobile phone, other mobile devices, and SIM card information to prevent unauthorized use by third parties.

You agree that your HONOR ID may not be transferred, assigned, sold, lent, hired, mortgaged, pledged as security, or hypothecated in any way. Any loss or liability to you or any other party arising from any of the foregoing shall be borne entirely by you, the user, and, in this regard, you further agree to indemnify and hold Honor harmless against any third-party claims.

You acknowledge that, for the purposes of ensuring the security of your account, preventing fraud, protecting other Honor users, and managing account disputes, Honor reserves the right, at its sole discretion, to suspend your account for as long as it sees fit or permanently delete it without compensation or reimbursement to you.

You acknowledge that Honor may freeze or delete HONOR IDs to protect the interests of the account owners and resolve any disputes between customers.

7. 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 this 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, infringing, 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 activities, depicts sexually explicit images, promotes violence, is discriminatory, 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 laws, 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 this 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 or to pass them off as your own or somebody else's;

(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 apps or software;

(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 so beyond the extent allowed by applicable laws;

(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 the 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 or illegal purpose, or in any manner inconsistent with this 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 Service 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 technique) to scrape 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 this 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.

8. Use of Our Content

We and/or our 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, copyrights, trademarks, trade names, logos, and other materials and services available on or through HONOR ID including their looks and feels (collectively, "Our Content"). You acknowledge that Our Content is protected by copyright, trademark, database rights, sui generis rights, and other applicable intellectual and industrial property laws 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 contents, unless otherwise specified in this Agreement.

You may not make alterations, copies, extractions, modifications, or additions to Our 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 of Our Content, you must contact us in advance and obtain our prior written consent except if otherwise expressly provided in this Agreement. This is without prejudice to any rights you may have under applicable mandatory laws.

If you believe that HONOR ID or any part of HONOR ID infringes any copyright, trademark, patent, trade secret, or other intellectual property rights, or if you have other concerns regarding the Services, please notify us using the contact information in Section "Contacting Us".

9. Monitoring of the Services

You acknowledge and agree that we may at any time, at our sole discretion and without notice to you, take such measures as we decide are necessary for the purposes of operating and improving the Services, ensuring your compliance with this Agreement, complying with applicable laws, court orders, or directions of any court, or complying with any directions or requirements of governmental departments, enforcement authorities, or regulatory bodies. These include but are not limited to measures for fraud prevention, risk assessment, investigation, and customer support purposes.

10. Communication at Your Own Risk

We may communicate with you regarding HONOR ID by electronic communications using the information you provided during the creation or updating of your HONOR ID. You agree that we may communicate with you by means of electronic communications regarding the Agreement and any other matter relating to your access and use of HONOR ID. 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 the security and privacy of such communications and all risk in transmitting such communications shall be borne by you.

11. Privacy and Data Collection

In order to provide you with more secured services and help ensure the security of your transactions, we will collect and process your information and technical data in accordance with our privacy statement.

12. Disclaimer

The Services are for your sole use only and must not be used by any third party. You agree that we and our affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors, and distributors (collectively "Honor Parties") are not liable for any losses caused by any unauthorized use of 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 and whilst the Honor Parties will endeavor to restore the Services in a timely manner, they 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 Honor 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 us 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 us;

(c) Any suspension, cancellation, or termination of any contract or other arrangements between us and any of our third-party payment service providers that affect the Services;

(d) Any errors or interruption due to hacking attempts or similar security breaches; 

(e) Any other event or occurrence beyond our 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 laws in your jurisdiction, the Honor Parties disclaim all warranties, conditions, or other agreement of any kind express or implied, and make no guarantee, undertaking, representation, or warranty for the following:

(a) The completeness, accuracy, reliability, or timeliness of any of the content made available on or through the Services;

(b) The Services or the server(s) they are hosted on are free from defects, errors, viruses, bugs, or other harmful content;

(c) Any defects in the operation or functionality of the Services will be corrected;

(d) The reliability, quality, or accuracy of specific functions of the Services, and any information obtained by you as a result of your use or access of the Services;

(e) The security or error-free nature of the Services;

(f) The Services' reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs, or achieve certain results or outcomes.

The Honor Parties are not liable for any loss or damages to you caused in whole or in part by you relying upon, using, or interpreting in any way 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 liability in relation to certain warranties, undertakings, representations, or guarantees 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 this Agreement affects the legal rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive.

13. Limitation of Liability

To the maximum extent permitted by applicable laws in your jurisdiction, your access to and use of the Services is at your sole risk and the Honor 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 this Agreement will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising.

If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to stop accessing and using the Services. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable laws in your jurisdiction, in no event will the Honor Parties' total aggregate liability to you or to any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort (including negligence), or under any other theory exceed HKD 500.00. You acknowledge and agree the disclaimers and limitations of liability expressed in this Agreement are fair and reasonable.

The laws of some countries do not allow for some or all of the limitations and exclusions described above. If these laws apply to you, some or all of the above limitations may not apply to you and you may have additional rights. Nothing in this Agreement affects the legal rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive.

14. Indemnity

To the maximum extent permitted by applicable laws in your jurisdiction, you will hold harmless and indemnify the Honor Parties from any claim, suit or action arising from or related to

(a) Your use of HONOR ID or any other Honor service;

(b) Your violation or breach of any of this Agreement;

(c) Your infringement of third party intellectual property or any other rights;

(d) Similar actions or violations by any person using your HONOR 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 Honor Parties in the defense of any such claim or demand. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

15. Termination by You

You can terminate your HONOR ID by going to your HONOR ID settings, deleting your HONOR ID, or by ceasing to use this Service.

Terminating your HONOR ID will permanently delete all data stored on your HONOR ID.

After you terminate your HONOR ID, Honor may immediately and permanently delete any and all data, files, and other stored content under your HONOR ID.

16. Termination and Suspension by Us

Subject to applicable laws, we may temporarily or permanently suspend, delete, or impose limits on, or restrict your access to HONOR ID 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, delete, suspend or restrict your access to HONOR ID:

(a) If you violate, or if we believe you are about to violate, this Agreement, including any incorporated agreements, policies or guidelines;

(b) If you, or anyone acting on your behalf, acts fraudulently or illegally, or provides us with any false or misleading information;

(c) In response to requests by law enforcement or other government agencies under valid legal process;

(d) In case of urgent maintenance work or urgent updates to systems or hardware; or

(e) Due to scheduled or unexpected technical, safety, business, or security reasons;

Any User whose use or access to HONOR ID has been suspended, terminated or deactivated by us may not create a new HONOR ID without our prior written consent.

The deactivation or termination of this Agreement does not affect the provisions of this Agreement that are expressed to operate or have effect after the deactivation or termination thereof, and is without prejudice to any accrued rights or obligations or any rights or obligations which are intended to survive such deactivation or termination.

Any provisions of this Agreement which expressly or by their nature are intended to survive the termination of the Agreement, shall remain in full force and effect subsequent to and notwithstanding such termination, until such provisions are satisfied or expire due to their natures.

17. Changes to HONOR ID and this Agreement

We are constantly innovating, changing and improving our services. We may add or remove functions or features, create new limits to the HONOR ID, or temporarily or permanently suspend or delete HONOR IDs. We can make changes to this Agreement at any time and post additional specific terms, codes of conduct or guidelines that govern a particular part, parts or all of our Services.

We will inform you within a reasonable time period of any changes to the HONOR ID or this Agreement that will materially disadvantage the users or materially limit the access or usage of HONOR ID or other Honor services. We may not inform you in advance about modifications to this Agreement or changes to HONOR ID that do not materially disadvantage our users or do not materially limit the access or usage of HONOR ID or Honor services. For changes to HONOR ID or this Agreement that we need to make to meet technical, 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 is practicable.

You can access the most recent version of the Agreement from your HONOR ID. You should check regularly for changes to the Agreement as the most recent version of the Agreement shall prevail.

If changes to the Agreement include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which include notification through your HONOR ID or by email.

If you continue to use HONOR ID after the changes become effective you will be deemed to have accepted those changes. If you do not agree to the changes, you must end your relationship with us by ceasing to use your HONOR ID. Any amendment, variation or modification to this Agreement you purport to make shall not be binding on us.

18. General Terms

HONOR ID 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 use of or reliance on any such content, goods or services available on or through any such websites or resources.

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

Nothing in this Agreement shall be construed to create a partnership or agency relationship between you and us 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.

We may assign, sub-contract or novate any of our rights and/or obligations under this Agreement and you agree to promptly execute any and all documents necessary or desirable for such purpose.

We are not liable for any failure or delay in the fulfillment of our obligations under this Agreement or the provision of HONOR ID that is caused or contributed to by matters beyond our reasonable control.

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

If you breach any Agreement and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement. If any provision (or part of a provision) of this 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 this 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.

This Agreement constitutes the entire understanding between you and us concerning the Services and you acknowledge and agree that you have not relied on or been induced to enter into this Agreement in reliance on any representation, warranty, or undertaking which is not in this Agreement.

19. Governing Laws and Jurisdiction

The formation, interpretation, and operation of this Agreement and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Russian Federation.

20. Contacting us

If you have any questions regarding this Agreement, please contact us. 

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