App Market User Agreement

1. 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.

2. 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.

3. Eligibility

You must agree to the following to use the Services:

duly 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.

4. 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.

5. 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 synced to the Game Center and 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 and Customer Service

If you would like to give feedback or advice on your experience with our Services, you can go to My > Help and customer service. If you face some issues when using the apps, you may go to the application details page, and contact the application supplier through email or the 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-orders information, and wish list information for problem diagnosis and repair, update future products and services quality, and improve user experience.

Personalized Recommendations

We will collect your HONOR ID information, device information, and service use information to help you discover more interesting content. For example, based on your browsing, tapping, searching, and download behaviour in App Market and Game Center, we will recommend apps that we think you might be interested in, update future products and services quality, and improve user experience.

You can go to My > Settings > Content > Personalized recommendations and turn off "Personalized recommendations" to disable "Personalized recommendations" in App Market.

Service updates and upgrades

We will collect your app information to provide you with the latest version of the App Market and joint operation app and complete the update to improve the integrity and quality of the product experience.

6. 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.

7. 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.

8. 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.

9. Our Content

We and/or our licensors, retain all rights, titles, and interests 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".

10. Your Content

We do not claim any proprietary rights in the text, files, images, photos, works of authorship, or any other materials which you upload, post, or otherwise transmit to or via the Services (collectively, "Your Content").

You continue to retain ownership of proprietary rights in Your Content. You are entirely responsible for Your Content and for any consequences and liability arising from such content (including any loss or damage incurred by us, other users, or third parties) which you hereby agree to indemnify.

Your Content must comply with the Submissions Guidelines below, which may be updated from time to time, and if we become aware of materials that violate our Submission Guidelines we will remove them. We may monitor and decide to remove or edit any submitted material, including via automated content filters and/or human review.

Submissions Guidelines: You may not:

- post any materials that (i) you do not have permission, right or license to use, or (ii) infringe on the rights of any third party;

- post objectionable, offensive, unlawful, deceptive, inaccurate, or harmful content;

- post personal, private or confidential information belonging to others;

- request personal information from a minor;

- impersonate or misrepresent your affiliation with another person, or entity;

- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;

- post, modify, or remove a rating or review in exchange for any kind of compensation or incentive;

- post a dishonest, abusive, harmful, misleading, or bad-faith rating or review, or a rating or review that is irrelevant to the Content being reviewed;

- plan or engage in any illegal, fraudulent, or manipulative activity.

If you see materials that do not comply with the Submissions Guidelines, we encourage you to complaint through the Content Reports portal.

If your content was removed for violation of Submission Guidelines and you have a concern regarding the removal of your content, you can submit an appeal through APP Market->Me->Message.

11. 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.

12. 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.

13. 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.

14. 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 the 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:

in connection with 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 that you cannot contractually agree to alter or waive.

15. 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 are 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 that you cannot contractually agree to alter or waive.

16. Termination by You

You can go to App Market > My > Settings > About > Disable App Market to stop using App Market.

17. 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.

18. Changes to this Agreement

We are constantly innovating, changing, and improving the Services. We may add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop a service. 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 period of any changes to the Services or this Agreement that will materially disadvantage the users or materially limit the access or usage of the Services or other HONOR services. We may not inform you in advance about modifications to this Agreement or changes to the Services that do not materially disadvantage our users or do not materially limit the access or usage of the Services or HONOR services. For changes to the Services 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 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.

19. 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.

20. 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.

21. Contacting Us

For any questions regarding this Agreement, please  contact us  (priority), or email us by:

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