September 2, 2020
1 Consent to the Terms of Use
The HarmonyOS Website Terms of Use (hereinafter referred to as the "Terms of Use") apply to https://www.harmonyos.com (hereinafter referred to as the "Website"). The Website is created and provided by Huawei Device Co., Ltd. (hereinafter referred to as "Huawei", "we", "us", or "our"). By using the Website, you agree to the Terms of Use. You can use the Website and the functions provided by it after you accept the Terms of Use. If you do not agree to the Terms of Use, you shall not use the Website.
We reserve the right, at our own sole discretion, to amend, modify, add, or delete any of the Terms of Use at any time. We recommend that you regularly check the changes to the Terms of Use. By continuing to use the Website after the changes have been posted, it will be deemed that you accept and agree to such changes. We will continue to grant you personal, non-exclusive, non-transferable, and limited privileges to enter and use the Website if you agree to comply with the Terms of Use. You agree that if we conclude that you have violated the Terms of Use or other agreements or guidelines when using the Website, we may, at our own discretion, terminate your access to the Website and/or block you from accessing the Website in the future without prior notice to you.
2 Service Description
We provide you with access to resources on the Website, including HarmonyOS features, development and design guides, API references, SDKs, and development and test tools.
Although the Website is accessible from multiple countries and regions around the world, not all functions, products, or services discussed, mentioned, supplied, or provided on or via the Website are available to every person or in every geographical location.
3 Website Content
The Website and all the content thereof, including but not limited to texts, images, music, videos, animations, trademarks, patterns, charts, visual interfaces, and code (the "Content"), as well as the creation, design, structure, expression, and display of the aforementioned Content, are properties of Huawei, and are subject to the control of Huawei, or are used by Huawei with legal authorization. You may download the information about the products and services provided by Huawei, provided that:
● You do not modify any such information;
● You do not make any further representation or warranties on such information or any documents containing such information;
● You do not remove any statements or notices indicating Huawei's legal rights and interests.
4 Your Use of the Website
You warrant that your use of the Website does not violate any applicable laws, regulations, policies, universally accepted customary practices, or pertinent provisions or guidelines of relevant jurisdictions, and does not infringe upon any third party's legitimate rights and interests (including but not limited to the right of privacy, intellectual property rights, right of reputation, right of portrait, and trade secrets).
You may neither access, obtain, copy, or monitor any part or content of the Website by using any device, program, or algorithm, including any spider, robot, deep-link, or page-scrape, nor access, obtain, or copy any material, document, or information on the Website in any way that is not provided by the Website.
You may not attempt to illegally access, decipher, or use any other illegal methods to gain unauthorized access to the Website, its content, or its services. You may not trace, reverse search, crack, decipher, or in any other way gain unauthorized access to any customer information of the Website, including but not limited to the information about other users' HUAWEI IDs. You may not violate any of the network security mechanisms or authentication measures utilized by the Website or those that link to the Website. You may neither probe, scan, nor otherwise test for any network weaknesses of the Website or those linked to the Website, nor launch any form of network attack against it. You agree not to use any device, software, program, or any other such measures to interfere with or try to interfere with the Website's regular operations or any of its transactions, or the use of the Website by others. You may not take actions that store unreasonable or disproportionate amount of data on the infrastructure, system, or network of the Website, or systems or networks that link to the Website.
You undertake not to publish or transmit the following inappropriate content on or via the Website, including but not limited to:
● Content that is defamatory, obscene, offensive, hateful, or inflammatory;
● Content that promotes violence based on race, gender, religion, nationality, disability, sexual orientation, or age, or on any other grounds, and pornography;
● Content that violates intellectual property rights;
● Content that is or may be false, deceitful, or misleading;
● Content that encourages, advocates, fuels, or assists in any illegal activity;
● Content that threatens, abuses, or infringes upon third-party privacy;
● Content that you know or believe, or have reasonable grounds to believe, that its publication is directed at or will be directed at the target public and may be understood to directly or indirectly encourage or induce them to commit, prepare for, or incite terrorism.
Huawei may, at any time and at its own discretion, block, delete, or modify the content or information that violates any of the preceding stipulations, block or delete your HUAWEI ID, or completely cancel or block your privilege to access the Website.
5 Account, Password, and Security
You may need to register/log in to your HUAWEI ID in order to use certain functions or services on the Website. You shall be fully responsible for safeguarding the information about your HUAWEI ID, including the password thereof, and be responsible and liable for any and all actions that occur via your HUAWEI ID in the event that you fail to safeguard said information. You shall inform Huawei without undue delay of any abnormality in your HUAWEI ID, including but limited to your password being changed or others logging in to or using your HUAWEI ID without your authorization. If you fail to keep confidential your HUAWEI ID information and, as a result, your HUAWEI ID is used by others and Huawei or other users of the Website suffer a loss, you may be held liable to compensate Huawei or other users for such a loss. You may not use the HUAWEI ID of others without the HUAWEI ID holder's explicit written permission and consent. Huawei does not assume any liability for your or others' loss incurred by you not observing this provision.
6 Links to Other Websites
The Website may contain links to other independent third-party websites. Such links are provided only for the convenience of visitors to our Website. Huawei does not provide any explicit or implicit warranties regarding the content, services, and information provided on such linked websites, and such links shall not be taken as Huawei's recommendation or authorization of such websites. You, not Huawei, are fully responsible for making your own decisions in regards to interacting with any such linked websites.
7 Privacy
The Website is subject to the Statement About HarmonyOS Website and Privacy (the "Statement"), the details of which can be viewed by selecting "Statement About HarmonyOS Website and Privacy" in the bar at the bottom of web pages on the Website. By using the Website, you acknowledge and agree that Huawei may use your information in accordance with the Statement.
8 Reservation of Rights
Huawei reserves the right to perform the following actions at any time without giving notice:
● Suspend or terminate operations on, or access to, all or part of the Website at any time, irrespective of the reason;
● Fix or alter all or part of the content of the Website as well as any applicable policies, terms, or clauses;
● Suspend operations on, or access to, all or part of the website for the purposes of maintenance, alteration of errors, or other such changes at regular or irregular intervals.
9 Disclaimer
Huawei does not make any warranty regarding the correctness, integrity, reliability, availability, continuity, and accessibility of the Website, its content, or its services (including but not limited to third-party software). Huawei provides the Website and the content thereof on an "as-is" and "as-available" basis. You shall bear any and all responsibilities and liabilities for your use of the Website and any and all websites linked thereto. If you are not satisfied with all or part of the Website, your only remedy is to stop using all or part of the Website's services. Such restrictions of the remedy shall be an integral part of the Terms of Use. The information released on the Website about the available products and services, including but not limited to product functions, configuration, parameters, technical specifications, and service content, may vary across countries/regions. The preceding information may vary even for the same product during different stages of its lifecycle. As Huawei needs time to update such information, differences may exist between what you read on the Website and what you have purchased or what is readily available on the market.
10 Limitation of Liability
Unless otherwise prohibited by law, under no circumstance shall Huawei be liable for any and all indirect, consequential, disciplinary, incidental, or punitive damages to you, including but not limited to loss of benefits to you due to your use of the Website, even if Huawei is aware of the possibility of such damages. The full and maximum liability that Huawei and its partner assume for you for any and all damages or losses incurred by your use of the Website does not exceed the total amount of the subscription fees or similar fees that you pay for the use of the services or functions of the Website. Some jurisdictions prohibit the limitation of liability; therefore, the aforementioned limitation may not apply to you.
11 Indemnity
You agree to indemnify and hold harmless Huawei and its board members, senior executives, employees, agents, partners, and licensors from and against any and all losses, liabilities, and expenses (including attorney's fees) incurred by requests or claims filed by third parties arising out of or in relation to your use of the Website.
12 Independent Remedies
The provisions of the "Limitation of Liability" and "Indemnity" of the Terms of Use shall take effect independently, notwithstanding that such provisions are deemed to be unable to achieve their basic purposes or unable to be enforced in accordance with laws. To the maximum extent permitted by applicable laws, both the provisions of the "Limitation of Liability" and "Indemnity" herein shall apply, regardless of whether the cause of loss is:
● Breach of contract;
● Breach of warranty;
● Mistakes or infringements, including negligence and misrepresentations;
● Strict liability;
● Any other reason.
13 Feedback
Any feedback you provide on the Website is regarded as non-confidential. Huawei reserves the right to freely use this information without limitation.
14 Breach of the Terms of Use
You agree that Huawei reserves the right to terminate your access to the Website and/or block you from visiting the Website in the event that Huawei deems that you have breached any of the Terms of Use. If Huawei revokes your access to the Website as a result of you having breached the Terms of Use, Huawei assumes no liability towards you or any third party.
You agree that Huawei can solely decide, without prior notification, to terminate your access to all or part of the Website's functions, for reasons including but not limited to:
● In response to the requests of law enforcement agencies or other government institutions;
● The suspension or major modification of the Website or any of its services;
● Unforeseeable technical issues.
15 Applicable Laws and Jurisdiction
The establishment, enforcement, and interpretation of the Terms of Use, as well as the resolution of disputes related thereto, shall be subject to the laws of the People's Republic of China. The place of signing of the Terms of Use will be regarded as Longgang District in Shenzhen in the People's Republic of China. Should any dispute arise with regard to the content or execution of the Terms of Use, both parties should seek resolution thereof through amicable consultation. Should a settlement fail to be reached through consultation, either party may file a lawsuit with a court with jurisdiction in the place of signing.
16 Miscellaneous
The Terms of Use shall constitute the entire agreement between you and Huawei regarding the use of the Website, and shall supersede any and all prior written and oral agreements concluded by and between you and Huawei with regard to said subject matter hereof. With the exception of what is stipulated in other signed agreements between you and Huawei, Huawei does not accept any counter-offers against the Terms of Use, and hereby expressly refuses all counter-offers
If any provision of the Terms of Use is held to be invalid for any reason, such invalid provision shall not affect the validity of other provisions, and such invalid provision shall be deemed to have ceased to exist from the outset.
The translation of the Terms of Use is for reference only. If you visit the Website from the Chinese mainland, the standard language of the Terms of Use is Chinese; if you visit the Website from a country or region outside the Chinese mainland, the standard language of the Terms of Use is English. In the event of a conflict between a translated version of the Terms of Use and the standard language version of the Terms of Use, the standard language version shall prevail.
Not insisting on or not strictly requiring your performance of the Terms of Use shall not be deemed as Huawei's waiver of any content of the Terms of Use or its right to execute any of the Terms of Use. No behavior of Huawei, you, or any third party may be construed as a modification to any of the Terms of Use.
