About Us
App Market and its related technology and functionality (collectively, the "Service(s)") is operated by Honor Technologies Germany GmbH (hereinafter referred to as "HONOR", "we", "us" or "our"), a company incorporated under the laws of Germany, with its registered office at Toulouser Allee 27, 40211 Düsseldorf, Germany. In this Agreement (as defined below), "you" and/or "user" refers to any individual that uses and/or accesses the Services.
Purpose of this Agreement
This user agreement in respect of our Services, our Privacy Statement, and the 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.
You may view our Privacy Statement by going to App Market > My > Settings > About > App Market User Agreement.
This Agreement tells you who we are, how we will provide the Services to you, what activities are permitted, and what activities are not permitted, on or in connection with the Services, what to do if there is a problem, and other important information. By accessing or using the Services, you are entering into a binding legal agreement with us and agree to the terms and conditions of this Agreement. If you do not accept and agree to this Agreement, you must not access or use the Services.
Eligibility
You must agree to the following to use the Services:
unconditionally and irrevocably guarantee to perform all of the obligations and be bound by the terms and conditions of this Agreement; pay all monies, if any, due to Honor or any third party under or in respect of the Services and under this Agreement; and
as a separate and primary obligation, you agree to unconditionally and irrevocably indemnify HONOR in respect of any losses, costs, expenses, damages, claims, or liabilities suffered or incurred by HONOR arising from your failure to comply with any or all of the terms and conditions of this Agreement, or your repudiation of any or all of the terms and conditions of this Agreement.
In case you are the guardian of a minor user, you further agree that your obligations as guarantor and as indemnitor are those of the primary obligor and that they exist irrespective of any total or partial invalidity or unenforceability of this Agreement.
You further agree that your liabilities as guarantor and indemnitor shall not be affected and/or discharged by any of the following:
termination, or variation, assignment, novation, or sub-contracting by us of all or any of our rights and/or obligations in this Agreement;
waiver or grant of time by HONOR under this Agreement;
claim or enforcement of payment by HONOR;
dealing with any third party;
act or omission which might otherwise operate to affect and/or discharge (whether in whole or in part) your liabilities under this Agreement;
your inability to pay your debts as they fall due;
any representation made to you by HONOR with respect to the discharge of your obligations under this 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.
Accessing the Services
We agree to grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Services, subject to and in accordance with this Agreement.
To access or use the Services, you must have an HONOR ID. For further information on HONOR ID, please go to Settings > About > HONOR ID User Agreement in HONOR ID.
You agree that whenever required by HONOR including when creating an HONOR ID:
that the information and documents you provide are complete, true, and accurate; and
that you shall inform HONOR if any of your information changes.
You further agree to comply with all reasonable directions and instructions issued by HONOR from time to time in connection with the access and use of the Services.
The Services
We provided you with the following features through App Market:
Application Search and Download
App Market is an application and game publishing platform where third-party application developers upload applications and games for users to download, including social media, tools, time management, etc. Besides, App Market has the ability to aggregate download links from the Internet, providing users with a convenient and quick path to search the apps.
Application Comments
You can post comments on apps with your HONOR ID logged in. You may choose like, dislike and/or reply to other users' comments. Your app comments will be synchronized to the Game Center, another app distribution platform provided by HONOR, so that you can better view, manage and share your app reviews, ratings, and app usage experience.
Help & Customer Service
You can submit valuable suggestions or share your experience with us via App Market > Me > Help and customer service > Feedback. If you encounter issues during the use of an app, you can go to the details page of that app and contact the app provider through email or official website.
Wish List and Pre-orders
You can add apps to your "Wish list" if you do not find them, and you can choose auto-install when the apps become available. You can pre-order upcoming apps and receive notifications when they are available. Your wish list and pre-orders information will be synced to Game Center so that you can better view and manage the information.
User Experience Improvement
We will use your Honor ID information, device information, service usage information, report information, app pre-order information, and wish list information to diagnose and resolve issues and improve the quality and user experience of our future products and services.
Personalized Recommendations
We will collect your Honor ID information, device information, and service usage information to help you discover more interesting content. For example, based on your browsing, tapping, searching, and downloading activities in App Market and Game Centre, we will recommend apps that we think may interest you, improve the quality of our future products and services, and enhance the user experience.
To disable personalised recommendations in App Market, you can go to App Market > Me > Settings > Content recommendation service and turn off the Personalised recommendations switch.
Service updates
We will collect your app information to provide you with the latest version of App Market and union-operation apps and complete updates, so that you can enjoy comprehensive and high-quality services.
Third-Party Services
By using a third party's applications via the Services, you acknowledge that you will be entering into a separate contract with the third party for the supply of their applications (hereinafter referred to as the "Third-Party Content" and the third party hereinafter referred to as the "Content Provider"). The contract entered into with the Content Provider includes the service agreement, end-user licence agreement ("EULA"), and any other agreements or policies stipulated by the Content Provider. HONOR is not a party to any such agreement between you and the Content Provider. We strongly recommend that you read the terms and conditions provided by the Content Provider carefully.
Each Content Provider takes full responsibility for their applications, services, and any guarantees they make. Where a dispute arises, the Content Provider's warranty or any other relevant agreement agreed between you and the Content Provider concerning the Content Provider's applications and/or services in question shall take effect.
Through HONOR takes no responsibility and shall assume no liability in the event that your rights are infringed due to using such applications and/or services, we maybe required to assist in any action brought by the Content Provider or the law-enforcing authorities. In this regard, you will bear the full legal responsibility and agree to indemnify and hold HONOR harmless in respect of any losses, damages, or claims.
Account Security
You must treat your HONOR ID username and password as private and confidential information 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 you agree that we shall have no liability for any losses, damages, liabilities, or claims of any sort, arising from you providing your HONOR ID details to a third party.
If you think that someone else might be using your account information, you must immediately notify us using the contact information provided in this Agreement (see Contacting Us). You must not use another person's Honor ID or share your Honor ID with any other person to access the Services. You must take appropriate steps to protect your Honor ID account information and transaction information to prevent unauthorized use by third parties.
Acceptable Use of the Services
By accessing and using the Services, you undertake and agree to do so legally and ethically, 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 activity, depicts sexually explicit images, promotes violence, threaten national security, is discriminatory, is illegal or which could or does cause damage or injury to any person or property, could give rise to any civil or criminal liability or regulatory action under applicable law, rules, regulations, guidelines, codes of practice or any other requirements imposed by law or by regulatory authorities 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 intellectual property rights.
Except as expressly set out in this Agreement or as permitted by applicable law, you hereby agree and undertake:
not to remove or tamper with 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;
not to reproduce, disable, make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of it to be combined with, or become incorporated in, any other programs;
not to gain or attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks;
not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Services or attempt to do any such thing;
not to distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services;
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;
not to impersonate any person or falsely state or otherwise misrepresent your affiliation with a person or entity;
not to use the Services (or any part(s) of them) 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;
not to infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Services;
not to collect any user information or data from the Services, or otherwise access the Services or systems related to the Services, using automated means (for example, harvesting bots) or attempt to decipher any transmissions to or from the servers running the Services;
not to develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins, and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
not to commercially exploit the Services without our prior written consent;
not to use or access the Services to engage in any illegal transactions, such as selling firearms, drugs, illegal substances, pirated software, or other prohibited items;
not to provide gambling information or use any means to induce others to gamble;
not to solicit login information or access an account belonging to someone else;
not to engage in money laundering, illegal cash advances, or pyramid selling schemes;
not to attempt, facilitate, or encourage any violations of this Agreement (or any part(s) thereof);
not to use the Services maliciously or in any manner which could damage, disable, overburden, impair or compromise the Services, related systems or security, or interfere with other users or any other person's computer systems, or hack or gain unauthorized access to the Services or Our Content (defined below) or data.
You agree that we may display advertisements or promotions from us or third parties while you use our Services.
You agree to release Honor and agree to indemnify Honor, its directors, officers, employees, licensors, contractors, and/or agents against any and all losses, damages, liabilities, claims, demands, actions, costs, and/or expenses (including lawyers' fees) incurred by Honor arising out of or in connection with a breach of any of the terms of this Agreement, the use of our Services, or the violation of any laws or regulations or the rights of any third party by you and any other persons who may be vicariously liable for your acts or omissions.
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, graphical, video, and audio), images, icons, applications, designs, software, scripts, programs, copyright, trademarks, trade names, logos, and other materials and services available on or through the Services, including its look and feel (collectively, "Our Content" ). You should note that Our Content is protected by copyright, trademark, database rights, sui generis rights, and other intellectual and industrial property laws (as the case may be), 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 content, except if expressly specified in this Agreement.
You may not make alterations, copies, extractions, modifications, or additions to Our Content, or sell, copy, disseminate, or licence 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 permission 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 the Services or any part of the Services infringe any copyright, trademark, patent, trade secret, or other intellectual property rights, or if you have other related concerns regarding the Services, please notify us using the contact information in Section "Contacting Us".
Your Content
We are committed to building an inclusive and harmonious community environment, highly valuing your right to freedom of expression and encouraging you to share.However, we have also found that certain unsafe or illegal non-compliant content is inappropriate for publication and detrimental to the community environment.We will impose restrictions on certain non-compliant content.
Non-compliant content includes:
pornographic content containing excessive exposure and nudity, display of sexual behavior, or content containing sexual inducement;
content that glorifies, incites, or encourages violence and criminal behaviors, contains scenes of violence and crimes, or depicts violence and criminal behaviors;
content involving the illegal use, trade, or production of prohibited and controlled substances in your region;
content related to violent terrorist activities or glorifying violent terrorist organizations;
content that causes extreme sensory shocks, such as bloodshed, terror, and discomfort;
content that may negatively affect the physical or mental health of minors;
content related to bullying, discrimination, attacks, and incitement to group opposition;
content that infringes on others' rights or involves sensitive personal information;
content that may lead to suicide or self-harm;
activities, challenges, or pranks that may cause serious physical harm;
content that endangers the security and social stability of your country or region;
political propaganda/political activities or serious attacks and defamation against public figures and interests in your country or region;
content related to religious extremism and cult activities, or glorifying religious extremist and cult organizations;
content that attacks or blasphemes religion, incites religious conflict, or involves proselytizing and missionary activities;
content that violates social ethics or is unacceptable in your country or region;
false information that poses risks to public safety or involves medical risks;
other content that directly or indirectly violates the laws of your country or region;
illegal content produced, published, or disseminated using new technologies and applications such as deep learning and virtual reality;
spam content, including meaningless, irrelevant, or excessive comments.
(The above-mentioned non-compliant content is collectively referred to as "Prohibited Content".)
We do not endorse any Prohibited Content which may be contained under the Services. However, we do not take any form of responsibility and are not liable for any Prohibited Content which is made available by any other users or third parties under the Services.
Therefore, we encourage you to report any instances of Prohibited Content or any content which violates this Agreement by contacting us through the contact information provided herein (see Contacting Us).
Communications
We may communicate with you regarding the Services by electronic communications using the information you provided during your use of the Services or your HONOR ID. You agree that we may communicate with you by means of electronic communications that we deem appropriate regarding the Agreement and any other matter relating to your access and use of the Services. 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.
Monitoring the Services
You acknowledge and agree that we may at any time, at our sole discretion and without notice to you, take such measures we deem necessary for operating, managing, and improving the Services, ensuring your compliance with this Agreement, complying with applicable laws, court orders, 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.
Privacy and Data Collection
To provide a more robust service and to help ensure the security of your transactions, we will collect and process your information and technical data in accordance with our Privacy Statement.
monitoring services
We reserve the right to use algorithmic decision-making and human review to determine whether your content meets the requirements of the Terms of Service and applicable laws.
If we determine that your content violates the terms or laws, we will, at our discretion: (fill in according to the actual business mechanism)
Removal of content;
Limit content visibility.
Abuse disposal
If you frequently provide obviously illegal content or frequently submit clearly unfounded reports or appeals, we will take certain restrictive measures on your account, which may include:
Suspension or termination of the provision of all or part of the Services;
Suspension or termination of your account.
Other reasonable restrictive measures.
And we will issue a warning to your account and provide relevant evidence before taking any action, which may include:
The number and proportion of frequent submissions of illegal content or obviously unfounded reports or appeals within a specific period of time.
The gravity of the abuse, including its unlawful nature and its consequences
We assess the dimensions of abusive behavior
Submitting multiple duplicate requests or multiple violations within a short period of time.
Continue to give feedback in the content that already has feedback disposal results
Not providing enough feedback
Email spam
Other malicious feedback that can be identified
We will limit the reporting function for 6 months or impose other penalties on your account according to the severity of the violation
When implementing the above restrictions, we will provide clear and specific information, such as:
Types of decisions and their scope;
Factual basis, including whether based on whistleblowing or self-examination;
Whether to use automated tools;
Legal or user regulatory basis.
Disclaimer
The Services are for your sole and personal 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 the "Honor Parties" ) are not liable for any loss caused by any unauthorized use of the Services.
The Honor Parties are not responsible for the maintenance or other support services of the Services. Your use of the Services may be interrupted, delayed, or disrupted for an unknown period for reasons that cannot be controlled. The Honor Parties 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 law in your jurisdiction, the Honor Parties are not liable to you or anyone else for any liability, loss, damages, or compensation if you are unable to access or use the Services due to:
any suspension or termination of the Services by us for maintenance work or updates to systems, software or hardware to be carried out;
any delay or failure of a system or electronic communications network that is owned or controlled by someone other than the HONOR Parties;
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;
any errors or interruptions due to hacker attacks or similar security breaches; or
any other event or occurrence beyond our reasonable control.
The Services are provided 'as-is' and on an 'as-available' basis without any representation or endorsement of any kind. To the maximum extent permitted by applicable law in your jurisdiction, the Honor Parties disclaim all warranties, conditions, or other agreements of any kind express or implied. We give no guarantee, undertaking, representation, or warranty for the following:
the completeness or accuracy, reliability, or timeliness of any of the content made available on or through the Services;
that Services or the server(s) it is hosted on is free from defects, errors, viruses, bugs or other harmful elements;
that any defects in the operation or functionality of any Services will be corrected;
in connection with the specific functions of the Services, the reliability, quality, or accuracy of any information obtained by you as a result of your use or access of the Services;
in connection with the security or error-free nature of the Services; and
in connection with 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 the Services or other information obtained through your (or any other person's) access and/or use of these 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 exclusions or limitations under this Agreement may not apply to you. Nothing in this Agreement affects the rights to which you are legally entitled as a consumer, or which you cannot contractually agree to alter or waive.
Limitation of Liability
To the maximum extent permitted by applicable law in your jurisdiction, your access 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, strict liability or otherwise) or under any other theory, for any of the following special, punitive, indirect or consequential loss or damage (including without limitation the loss of revenue, loss of profits, loss of business opportunity, loss of goodwill, loss of data).
The limitations and exclusions in this Agreement will apply whether 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 law in your jurisdiction, in no event will Honor Parties' total aggregate liability to you or 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 USD 50.00. 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 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 always entitled to as a consumer and which you cannot contractually agree to alter or waive.
You can terminate this Agreement in your account settings or by stopping the Services. To stop the Services, you can go to App Market > Me > Settings > About > Disable App Market. All purchased items and information deleted cannot be restored after your termination.
Termination and Suspension by Us
Subject to applicable law, we may at our sole and absolute discretion temporarily or permanently terminate, suspend, cancel, impose limits on or restrict your access to parts or all of the Services at any time, without assuming liability to any individual or third party. We will endeavour to provide notice to you before we do this. However, we will not be obliged to provide prior notice to you, and we may immediately, permanently or temporarily, impose limits on, cancel, suspend, or restrict your access to parts or all of the Services. The various circumstances under which we may temporarily or permanently terminate, suspend, or cancel or impose limits on or restrict your access to the Services at any time are set out in the list below, which list is not exhaustive:
if you violate, or if we believe you are about to violate, this Agreement, including any incorporated agreements, policies, or guidelines;
if you or anyone acting on your behalf, acts fraudulently or illegally, or provides us with any false or misleading information;
in response to requests by law enforcement or other government agencies under valid legal process;
in order to carry out urgent maintenance work or urgent updates to systems or hardware; or
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 deactivation or termination 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 that expressly or by their nature are intended to survive the termination of the Agreement will continue in full force and effect after and notwithstanding such termination until such provisions are satisfied or by their nature expire.
Changes to this Agreement
We are constantly updating, revising and improving the Service. We may add or remove features or performance to the Service, set new restrictions or temporarily suspend or permanently stop providing a service; we may revise this Agreement at any time and issue specific terms, codes of conduct or guidelines related to the whole, one or more parts of the Service.
If an amendment to the Service or this Agreement would materially affect users or severely restrict access to or use of the Service, we will notify you in a pop-up window within a reasonable period of time prior to the change. We may not be able to meet the foregoing notice time requirements for amendments to the Service to meet security, legal or regulatory requirements, but we will notify you as soon as possible. In addition, we may not notify you in advance of changes to this Agreement or the Service if they do not materially affect our users or severely restrict access to or use of the Service.
You can access the most recent version of the Agreement from the Services. 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 the Services, by email, or through your contact info registered in HONOR ID.
If you continue to use the Services 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 the Services through the methods stated in " Termination by You". Without our prior written consent, any amendment, variation, or modification to this Agreement you purport to make shall not be binding on us.
General
The Services may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible for the availability or security of such external sites 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 sites 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 the use of or reliance on any such content, goods, materials, or services available on or through any such site or resource.
Nothing in this Agreement shall be construed to create a partnership or agency relationship between you and any of the HONOR Parties and neither party shall have the right or authority to incur any liability for debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
You agree that 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 that purpose.
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 this Agreement and all other provisions of this Agreement 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 is the entire understanding between 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.
Governing Law 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 Germany. Except as otherwise provided by applicable law, you and HONOR agree that the courts of Dusseldorf have exclusive jurisdiction to hear and determine any disputes, claims, actions, or proceedings that may arise out of or in connection with this Agreement. However, you agree that this does not prevent any of the HONOR Parties from instituting proceedings outside of Germany.
Wenn Sie Fragen zu dieser Vereinbarung haben oder der Meinung sind, dass der Dienst Ihre geistigen Eigentumsrechte oder andere Rechte verletzt, oder wenn Sie illegale, falsche Informationen oder Materialien oder die Nutzung von Diensten feststellen, die gegen diese Vereinbarung verstoßen, kontaktieren Sie uns bitte (bevorzugt) oder senden Sie uns eine E-Mail an folgende Adresse: eu_support@honor.com, um uns Ihr Feedback mitzuteilen.