Honor ID User Agreement
Release date: September 01, 2021
1. About Us
Honor ID and related technologies and functionalities (collectively, the "Services") are 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 "user" refer to any individual that uses and/or accesses Honor ID.
2. Purpose of this Agreement
This user agreement, our privacy statement (which you can read more about by going to Account center > Settings > About) and other policies published or made available through or in connection with the Services (collectively, this "Agreement") are the terms and conditions applicable to you for your use of, and access to, the Services.
This Agreement tells you who we are, how we will provide the Services to you, what activities are permitted or not permitted, on or in connection with the Services, what to do if there is a service issue, how to contact us, and other important information.
3. Your Acceptance of the Agreement
Please read this Agreement carefully. By creating and using an Honor ID, you are entering into a binding legal agreement with us and warrant that you agree to this Agreement. If you do not accept and agree to this Agreement, you must not create an Honor ID. If there is anything you do not understand in this Agreement or the other policies and information published or made available through Honor ID, please contact us using the contact information below.
4. Eligibility
We have set a minimum age for you to create an Honor ID and to be bound by this Agreement, which is 18 or equivalent minimum age in the relevant jurisdiction.
5. Accessing Honor ID
Honor ID is your unique user account which may be used to access all Honor services, including Honor Club, My Honor, Honor Store, Honor Choice, and other Honor services, as well as further services as may be added from time to time and which you have opted to receive.
When you access other Honor services, you must also accept the agreements and terms that apply to the relevant Honor service. Once you use Honor ID to access any Honor service, you may be automatically logged into all other Honor services. Similarly, if you log out of any Honor service, you may be automatically logged out of any open Honor service on your device. Services may vary depending on your device model and/or country/region.
Depending on your device and country, we will provide you with different services, some special services may not be available on your device. Please refer to the user manual of your device for details.
When you purchase a device from us, our affiliates, or certified partners, your Honor ID serves as a universal credential that provides a consistent experience.
You are responsible for making all arrangements necessary for you to have access to the Honor ID service, including providing your own compatible device, console, or platform, Internet access, and (if applicable) payment method. You are also responsible for ensuring that all persons who access the Honor ID through your compatible device, console or platform, and Internet connection are aware of this Agreement, and that they comply with it in full at all times.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use Honor ID, subject to, and in accordance with, the Agreement.
6. Security
You must keep your Honor ID username and password secret and confidential, and you must not share them with anyone else. We recommend that you choose a strong password and keep it in a safe place. You are responsible for keeping your password safe and shall bear any losses and liability incurred as a result of providing your Honor ID details to a third party.
If you think that someone else might be using your Honor ID or associated login details, you should let us know immediately using the contact information in Section "Contacting Us". You must take appropriate steps to protect your Honor ID to prevent unauthorized use by third parties. You should also immediately change your password. You must not use anyone else's Honor ID to access Honor services. You must take appropriate steps to protect your Honor ID account information, bank or credit card information, computer, mobile phone, other mobile devices, and SIM card information to prevent unauthorized use by third parties.
You agree that your Honor ID may not be transferred, assigned, sold, lent, hired, mortgaged, pledged as security, or hypothecated in any way. Any loss or liability to you or any party arising from any of the foregoing shall be borne entirely by you, the user, and, in this regard, you further agree to indemnify and hold Honor harmless against any third-party claims. For the purpose of, amongst other things, ensuring the safety of your account, preventing fraud, protecting other Honor users, and managing account disputes, Honor reserves the right, at its sole discretion, to suspend the operation of your account for as long as it sees fit, or to permanently cancel it, without compensation or re-imbursement to you.
7. Acceptable Use
By accessing and using Honor ID you undertake and agree to do so in a legal and ethical manner and in accordance with the Agreement.
You acknowledge that you are solely responsible for the data that you provide when creating your Honor ID, such as your profile picture, name or nickname, address, and any registration data provided by you.
You acknowledge that when registering your Honor ID details (profile picture, and name or nickname), you are not allowed to use illegal, defamatory, indecent, or offensive pictures or nicknames (such as pornographic or discriminatory words and/or pictures, or those related to hate speech, extremism, extreme violence, or terrorism).
In all cases, we carefully evaluate the possible, including unintended, impact of any measure on freedom of expression, but at the same time we are doing our best efforts to offer a safe platform to all our users, where illegal content and any form of discrimination, humiliation, and violence is not tolerated. Therefore, when we limit any particular expression you make, we do it to protect the safety and dignity of our users, and to discourage any illegal behavior.
In all such cases, we will remind you to register your Honor ID details according to rules on legal/proper contents, and you will be able to change your nickname or profile picture to comply with our Content Policies.
In the event that you breach any applicable laws and regulations, or Honor's service agreement, Honor reserves the right to, at its sole discretion, restrict, freeze, or terminate your Honor ID at any time, and decide whether to restore it based on the circumstance.
In the event that Honor discovers that you are not the original registrant, Honor reserves the right to terminate your use of the appropriate Honor ID without issuing any further notice.
You shall assume all losses arising out of Honor's restriction, freezing, or termination of your Honor ID, in accordance with this Agreement or the applicable laws and regulations, including but not limited to interruptions to communications and clearance of your profile, emails, game props, and relevant data.
8. Use of Our Content
We and/or our licensors, retain all rights, titles and interest in and to the information (in any form including without limitation text, graphics, video and audio), images, icons, applications, designs, software, scripts, programs, copyrights, trademarks, trade names, logos, and other materials and services available on or through Honor ID including its look and feel (collectively our "Content").
You may not make alterations, copies, extractions, modifications or additions to our Content, or sell, copy, disseminate or license it, or misuse our Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use any of our Content, you must contact us in advance and obtain our prior written 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 Honor ID or any part of Honor ID infringes any copyright, trademark, patent, trade secret, or other intellectual property rights, or if you have other concerns regarding the Services, please notify us using the contact information in Section "Contacting Us".
9. Monitoring of the Services
You acknowledge that we have no obligation to monitor your (or anyone else's) access to or use of Honor ID for violations of this Agreement. However, we reserve the right to do so for the following purposes:
a. of operating and improving Honor ID (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
b. to ensure your compliance with this Agreement (including but not limited to the prevention of the use of hateful content, violent and/or extremist content, pornographic and sexually explicit content, and cruel, racist or discriminatory content); and
c. to comply with applicable law, any court order, consent decree, order, or requirement of administrative agencies or other governmental bodies.
10. Communication at Your Own Risk
We may communicate with you regarding Honor ID by electronic communications using the information you provided during the creation or updating of your Honor ID. You agree that we may communicate with you by means of electronic communications regarding this Agreement and any other matter relating to your access and use of Honor ID. E-mail and other methods of transmitting information over the Internet are subject to interference or scrutiny by third parties and should be independently verified. We cannot ensure the security and privacy of such communications and all risks in transmitting such communications shall be borne by you.
11. Privacy and Data Collection
In order to provide a more secured service and help ensure the security of your transactions, we will collect and process your information and technical data in accordance with our Privacy Statement.
12. Disclaimer
Honor ID is for your sole use only and must not be used by any third party. You agree that we and our parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, third party payment providers, partners, licensors and distributors (collectively, "Honor Parties") are not liable for any loss caused by any unauthorized use of Honor ID.
The Honor Parties are not responsible for maintenance or other support services for Honor ID. Your use of Honor ID may be interrupted, delayed or disrupted for an unknown period of time 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 to anyone else for any liability, loss, damages or compensation if you are unable to access or use Honor ID due to:
a. Any suspension or termination of Honor ID by us to enable maintenance work or updates to systems, software or hardware to be carried out;
b. Any delay or failure of a system or network communication that is owned or controlled by someone other than us;
c. Any suspension, cancellation or termination of any contract or other arrangements between us and any of our third-party payment service providers;
d. Any errors or interruption due to hacker attacks or similar security breaches;
e. Any other reason beyond our or their reasonable control.
Honor ID is 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 exclude all warranties, conditions or other terms of any kind express or implied and make no guarantee, undertaking, representation or warranty: (a) in connection with the completeness or accuracy, reliability or timeliness of any of the content made available on or through Honor ID (b) that Honor ID or the server(s) it is hosted on is free from defects, errors, viruses, bugs or other harmful elements; (c) that any defects in the operation or functionality of Honor ID will be corrected; (d) in connection with the specific functions of Honor ID, the reliability, quality or accuracy of any information obtained by you as a result of your use or access of Honor ID; (e) in connection with the security or error-free nature of Honor ID; or (f) in connection with Honor ID 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 caused in whole or in part by using Honor ID or other information obtained through your (or any other person's) access and/or use of Honor ID.
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 apply to you and you may have additional rights. Nothing in the Agreement affects your legal rights that you are legally entitled to as a consumer, or which you cannot contractually agree to alter or waive.
13. Limitation of Liability
To the maximum extent permitted by applicable law in your jurisdiction, your access and use of Honor ID is at your sole risk and the Honor Parties expressly exclude all liability, loss or damages incurred by you, or any other person, whether in contract, tort (including negligence) or under any other theory, for any of the following: (a) loss of profits, loss of income, loss of revenue, loss of data or loss of goodwill; and (b) special, indirect or consequential loss or damage. The limitations and exclusions in the Agreement will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising therefrom.
If you are dissatisfied with any aspect of Honor ID at any time, your sole and exclusive remedy is to stop accessing and using Honor ID. Without prejudice to the preceding restrictions, and to the maximum extent permitted by applicable law in your jurisdiction, in no event will the Honor Parties' total aggregate liability to you or to any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort (including negligence) or under any other theory exceed €50.00. You hereby acknowledge that we receive no payments from you for creating an Honor ID and in light of this you hereby 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 the Agreement affects your legal rights that you are legally entitled to as a consumer and which you cannot contractually agree to alter or waive.
14. Indemnity
To the maximum extent permitted by applicable law in your jurisdiction, you will hold harmless and indemnify the Honor Parties from any claim, suit, or action arising from or related to:
• your use of Honor ID or any other Honor service,
• your violation or breach of this Agreement,
• similar actions or violations by any person using your Honor ID,
including in each instance any liability, damages, expense, litigation costs and lawyer's fees arising from such claim, suit, or action, including any claim for negligence.
You undertake and agree to promptly assist and cooperate as fully as reasonably required by any of the Honor Parties in the defense of any such claim or demand. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
15. Termination by You
You can terminate your Honor ID account via your account settings / Delete account.
Terminating your Honor ID account will permanently delete all data stored on your Honor ID account.
After your account is terminated, Honor may immediately and permanently delete any and all of the data, files, and stored contents under your account.
16. Termination and Suspension by Us
Subject to applicable law, we may temporarily or permanently suspend or delete or impose limits on or restrict your access to Honor ID at any time, without assuming liability for any individual or third party. We will endeavor to provide notice to you before we do this. However, we may not provide prior notice to you, and may immediately, permanently or temporarily, impose limits on, delete, suspend or restrict your access to Honor ID.
a. If you violate, or we believe you are about to violate, the Agreement, including any incorporated agreements, policies or guidelines;
b. If you, or anyone acting on your behalf, acts fraudulently or illegally, or provides us with any false or misleading information;
c. In response to requests by law enforcement or other government agencies under valid legal process;
d. In order to carry out urgent maintenance work or urgent updates to systems or hardware;
e. Due to unexpected technical, safety, business or security reasons.
Any user whose use or access to Honor ID has been suspended, terminated or deactivated by us may not create a new Honor ID without our prior written consent.
The expiry or termination of the Agreement does not affect the provisions of the 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 right or obligations which are intended to survive such deactivation or termination.
Sections 12, 13, 14, 15, and 18 and any other provisions which by their nature are intended to survive termination or expiry, shall survive termination or expiry of the relationship between you and us.
17. Changes to Honor ID and This Agreement
We are constantly innovating, changing and improving our services. We may add or remove functions or features, create new limits to the Honor ID, or temporarily or permanently suspend or delete Honor IDs or make changes to this Agreement.
We will tell you a reasonable amount of time in advance of any changes to the Honor ID or this Agreement that will materially disadvantage our users or materially limit the access or usage of Honor ID or other Honor services. We may not tell you beforehand about modifications to the Agreement or changes to Honor ID that do not materially disadvantage our users or do not materially limit the access or usage of Honor ID or Honor services. For changes to Honor ID or this Agreement that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to meet the timescales above and we will let you know about these as soon as practicable.
The most recent version of the Agreement will be accessible from your Honor ID and you should regularly check for the most recent version, as the most recent version is the one that applies.
If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through Honor ID or via email.
If you continue to use Honor ID after the changes become effective you will be deemed to have accepted those changes. If you do not agree to these changes, you must end your relationship with us by ceasing to use Honor ID. Any amendment, variation or modification to this Agreement you purport to make shall not be binding on us.
18. General
The Agreement and the documents incorporated by reference constitute the entire agreement between you and us with respect to your access and use of Honor ID.
Honor ID or third parties may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
The disclaimers, limitations and exclusions of liability, and indemnity provisions in this Agreement survive indefinitely after the expiry or termination of the Agreement.
Nothing in the Agreement shall be construed to create a partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
We are not liable for any failure or delay in the fulfillment of our obligations under this Agreement or the provision of Honor ID that is caused or contributed to by matters beyond our reasonable control.
You may not assign or otherwise transfer any of your rights or obligations under the Agreement without prior written consent from us, and any attempted assignment or transfer without such consent will be void. We may assign, sub-contract or novate any of our rights and/or obligations under this Agreement and you agree to promptly execute any and all documents necessary or desirable for that purpose.
If you breach this Agreement and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement. If any provision (or part of a provision) of this Agreement is found by a court of competent jurisdiction or any other competent authority to be void, invalid or unenforceable, it shall be deemed to be deleted from the Agreement and all other provisions of this Agreement shall remain in full force and effect to the extent that the remaining provisions are capable of standing without the provision ruled void, invalid or unenforceable.
19. Governing Laws and Jurisdiction
The formation, interpretation and operation of the 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 agree that the courts of Germany have exclusive jurisdiction to hear and determine any dispute, claims, actions or proceedings that may arise out of or in connection with the Agreement. However, this does not prevent us from instituting proceedings outside of Germany.
You will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law. The European Commission provides an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please contact us.
20. Contacting us
If you have any questions regarding this Agreement, please contact us.