HUAWEI AR Measure User Agreement
Last updated: September 22, 2021
1 About Us
The following terms constitute a legally binding agreement between you and Huawei Device Co., Ltd. (hereinafter referred to as "Huawei"). Please carefully read this HUAWEI AR Measure User Agreement and other policies related to the Services (collectively, this "Agreement"), to ensure that you fully understand the terms of this Agreement. This Agreement stipulates your legal liabilities and rights regarding your use of the HUAWEI AR Measure services (hereinafter referred to as the "Services"). In this Agreement, "you" refers to any individual that uses and accesses the Services. By touching AGREE to agree to this Agreement and logging in to this app, you indicate that you have fully read and accepted all the terms of this Agreement. If you do not agree to any content of this Agreement, you have the right to stop using the Services immediately.
2 Requirements on Using the Services
If you are a minor, you need to read this Agreement with your parent or legal guardian to ensure they clearly understand the content of this Agreement, before deciding to use the Services. Before obtaining consent from your parent or legal guardian, please do not use the Services. In addition, we advise parents or legal guardians exercise reasonable supervision and guidance over their child's use of the Internet, phones, and other devices.
3 Accessing the Services
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services, subject to, and in accordance with, this Agreement.
4 Content of the Services
The Services provide you with HUAWEI AR Measure services, which mainly include the following features:
(1) Object measurement
To use the object measurement feature, you need to select Objects and perform operations as prompted to measure the length, area, and volume of an object.
(2) Human body measurement
To use the human body measurement feature, you need to select People and perform operations as prompted to measure the height, heart rate, and respiratory rate (available only on certain device models).
5 Terms of Use
You agree to use the Services properly, accept this agreement, and will comply with any effective laws and regulations applicable. 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 shall not use the Services to transmit material, or otherwise engage in any activity that:
(a) Uploads, downloads, stores, duplicates, publishes, transmits, sends by email, or otherwise provides content prohibited by applicable laws, regulations, and policies;
(b) Violates the fundamental principles of the Constitution;
(c) Compromises national security, divulges state secrets, subverts state power, or undermines national unity;
(d) Impairs the national honor and interests;
(e) Incites ethnic hatred or discrimination or disrupts ethnic solidarity;
(f) Disrupts the religious policies of the country or publicize evil cults or feudal and superstitious ideologies;
(g) Spreads rumors, disrupts social order, or undermines social stability;
(h) Spreads or describes content that involves obscenity, pornography, gambling, violence, murder, terror, or abets crimes;
(i) Insults, defames, or infringes on the legal rights and interests of others;
(j) Endangers social morality or the excellence of national cultural traditions;
(k) Infringes upon any third party's patent rights, copyrights, trademark rights, reputation rights, or any other legitimate rights and interests; or
(l) Is otherwise prohibited by laws or administrative regulations.
You hereby warrant and undertake:
(a) 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 programs;
(b) Not to gain or attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks;
(c) 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;
(d) Not to distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services;
(e) 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;
(f) Not to impersonate any person or falsely state or otherwise misrepresent your affiliation with a person or entity;
(g) Not to use the Services (or any part(s) thereof) in any unlawful manner, for any unlawful 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;
(h) Not to infringe upon Huawei's intellectual property rights or those of any third party in relation to your access to and/or use of the Services;
(i) Not to collect users' information, or otherwise access the Services or our systems, using automated means or attempt to decipher any transmissions to or from the servers running the Services;
(j) Not to develop, support, or use software, devices, scripts, or any other means or processes (including crawlers, browser plug-ins and add-ons, or any other technology or manual work) to scrape information from the Services or otherwise copy profiles and other data from the Services;
(k) Not to commercially exploit the Services without our prior written consent;
(l) 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;
(m) Not to provide gambling information or encourage others to gamble through any means;
(n) Not to solicit login information or access an account belonging to someone else;
(o) Not to engage in money laundering, illegal cash advances, or pyramid selling schemes by leveraging the Services;
(p) Not to attempt, facilitate, or encourage any violations of this Agreement (or any part(s) thereof); and
(q) 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 Huawei Content (defined below) or data.
6 Huawei Content
Huawei and/or its upstream licensors, retain all right, title, and interest in and to the information, in any form including but not limited to text, video and audio, images, icons, apps, designs, software, scripts, programs, copyrights, trademarks, trade names, logos, and other materials and services available on or through the Services, including their look and feel (collectively, "Huawei Content"). Your access to 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 content, unless otherwise specified in this Agreement.
You may not make alterations, copies, extractions, modifications, or additions to Huawei Content, or sell, copy, disseminate, license, or misuse Huawei Content in any way. If you want to re-publish, extract, reproduce, disseminate, or otherwise use any of Huawei Content, you must contact Huawei in advance and obtain Huawei's prior written consent unless otherwise expressly provided in this Agreement. This is without prejudice to any rights you may have under applicable mandatory laws.
If you believe that the Services or any part thereof infringes upon any copyright, trademark, patent, trade secret or other intellectual property right, or if you have other concerns regarding the Services, please notify us using the contact information provided in the "Contacting Us" section.
7 Your Content
User Content refers to the information, content, and materials formed by the user through the use of the Services, such as graphics, text, images, sound, video, software, and data files. You shall assume full responsibility for the user content uploaded, downloaded, released, sent by email, transmitted, or stored by you or in the name of your account. As Huawei does not control or access user content, Huawei does not guarantee the accuracy, integrity, or appropriateness of any user content. You agree that you shall solely assume the risks arising from your use of the user content of other users of the Services. Huawei does not assume any responsibility for any user content that you consider vulgar, offensive, indecent, or inappropriate.
8 Monitoring the Services
You acknowledge that, in accordance with applicable laws and regulations, 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 (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes), ensuring your compliance with this Agreement, applicable laws, orders or directions of any court, consent decree, administrative agency, or other governmental body. We reserve the right to decide at any time whether Your Content is appropriate and in compliance with this Agreement, and may pre-screen, move, refuse, modify, and/or remove Your Content at any time without prior notice and in our discretion if Your Content is found to be in violation of this Agreement or violates the public rules and social customs.
9 Privacy and Data Collection
To better provide you with services, Huawei will collect and process your personal information with your informed consent in accordance with applicable laws and regulations.
10 Disclaimers
The Services are for your sole use only and must not be used by any third party. You agree that Huawei and its affiliates, officers, directors, employees, contractors, agents, third-party payment providers, partners, licensors, and distributors (collectively "Huawei 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. You agree that the Huawei Parties will not be liable for any claim arising from or related to such interruptions, delays, disruptions or similar failures.
To the maximum extent permitted by applicable laws, the Huawei Parties are not liable to you or to anyone else for any damages if you or anyone else are unable to access or use the Services due to:
(a) Any suspension or termination of the Services by Huawei to enable maintenance work or updates to systems, software or hardware to be carried out;
(b) Any communication delay or failure of a system or network that is owned or controlled by someone other than Huawei;
(c) Any suspension, cancellation, or termination of any contract or other arrangements between Huawei and any of its third-party payment service providers;
(d) Any errors or interruptions due to hacking attempts or similar security breaches; or
(e) Any other event or occurrence beyond Huawei's 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, the Huawei Parties disclaim all warranties, conditions, or other terms 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 elements;
(c) Any defects in the operation or functionality of the Services will be corrected;
(d) The specific functions of the Services, the reliability, quality, or accuracy of any information obtained by you as a result of your use of or access to the Services can be guaranteed;
(e) The security or error-free nature of the Services; and
(f) The Services' reliability, quality, accuracy, availability, or ability to meet your needs, provide certain outputs, or achieve certain results or outcomes. The Huawei Parties are not liable for any losses or damages to you caused in whole or in part by you relying upon, using, or interpreting the Services or other information obtained through your (or any other person's) access to and/or use of the Services.
The laws of some countries do not allow certain warranties, guarantees, or liabilities 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 be applicable. Nothing in this Agreement affects the rights that you are legally entitled to as a consumer.
11 Indemnification
To the maximum extent permitted by applicable law in your jurisdiction, you will hold harmless and indemnify the Huawei Parties from any claim, suit or action arising from or related to:
(1) Your Content;
(2) Your use of the Services;
(3) Your violation or breach of the Agreement or any part of applicable EULA;
(4) Your infringement upon third-party intellectual property or any other rights; or
(5) Similar actions or violations by any person using your HUAWEI ID,
Including any liabilities, damages, expenses, litigation fees, and attorney's fees incurred by disputes, complaints, and lawsuits arising from the aforementioned situations. You undertake and agree to promptly assist and cooperate as fully as reasonably required by any of the Huawei Parties.
12 Termination by You
You can revoke the Camera and Storage permissions from the app settings screen. When using the human body measurement feature of the app, you can withdraw the authorization and cease to use the services from the feature screen.
After the termination of your account, Huawei may immediately and permanently delete any and all of the materials, files, and stored content under your account. However, based on certain legal and practical factors, Huawei may not be able to delete backup copies of such data. In addition, content that you send to other users, including messages, may not be able to be deleted.
Terminating your account will not relieve you of any obligation to pay any charges accrued on or before the date of termination. Neither Huawei nor any third party shall accept liability for any consequences arising due to you being unable to access the Services after your account is terminated.
13 Suspension or Termination by Huawei
Subject to applicable laws, we may suspend, restrict, cancel, or terminate your access to part(s) or all of the Services at any time, without assuming liability to any individual or third party. We will endeavor to provide notice to you before we do this. However, we may immediately suspend, restrict, cancel, or terminate your access to part(s) or all of the Services without prior notice under the following circumstances:
(a) If you violate, or Huawei believes that you are about to violate, this Agreement, including any agreements, policies, or guidelines incorporated herein;
(b) If you, or anyone acting on your behalf, acts fraudulently or illegally, or provides Huawei 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 unexpected technical, safety, business, or security reasons.
The expiry or termination of this Agreement does not affect the provisions of this Agreement that are expressed to operate or have effect after the expiry or termination thereof, and is without prejudice to any accrued rights or obligations or any rights or obligations which are intended to survive such expiry or termination.
Any provisions of this Agreement which expressly or by their nature are intended to survive the termination of this 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.
14 Changes to This Agreement
Huawei is constantly updating, changing, and improving the Services. Huawei may add or remove functions or features, create new limits to the Services, or temporarily or permanently suspend or stop the Services. Huawei may also modify this Agreement at any time based on updates to the Services.
The updated Agreement will replace the original Agreement once released. We will push an in-app agreement update notice in a timely manner. If you do not accept the updated terms, please stop using the Services immediately. Your continued access to or use of the Services shall be deemed as your acceptance of the updated Agreement.
We will inform you within a reasonable time period of any changes to this Agreement that will materially disadvantage users or materially limit their access to or use of the Services. For changes to the Services that we need to make to meet 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.
15 Governing Laws and Jurisdiction
The formation, interpretation, and operation of this Agreement are governed by and construed in accordance with the laws of the People's Republic of China. You and Huawei agree that this Agreement is signed in Longgang District, Shenzhen, Guangdong Province, China. Any dispute arising from the performance of the contracts between the two parties shall be settled through negotiation. If the negotiation fails, either party can file a lawsuit with the people's court with proper jurisdiction in the place where this Agreement is signed.
16 General Terms
The Services 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. We are not responsible or liable for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such websites or resources.
Nothing in this Agreement shall be construed to create a partnership or agency relationship between you and Huawei, 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.
Huawei is not liable for any failure or delay in the performance of its obligations under this Agreement or the provision of the Services that is caused by or attributed to matters beyond Huawei's reasonable control.
Huawei's branches and subsidiaries are third-party beneficiaries of this Agreement. They may enforce this Agreement as parties to this Agreement. Huawei has the right to transfer, subcontract, or replace Huawei's rights and obligations under this Agreement without diminishing your rights and interests.
If any provision of this Agreement is found by a court of competent jurisdiction or any other competent authorities to be void, invalid, or unenforceable, it shall be deemed to be deleted from this Agreement and all other provisions of this Agreement shall remain in full force and legally effective.
17 Contacting Us
If you have any questions regarding this Agreement, please contact us using the following information: 950800.