MIUI User Agreement

Xiaomi Inc. hereby reminds you to carefully read and fully understand the MIUI User Agreement (hereinafter referred to as "this Agreement"). Please carefully read and fully understand all the terms and conditions of this Agreement, especially those about governing laws, dispute resolution, and the exemption of Xiaomi from liabilities or restrictions to its liabilities. Please decide whether to accept this Agreement after reading it (minors shall read this Agreement accompanied by a legal guardian). Using any Xiaomi device, service, or software based on MIUI system constitutes acknowledgement that you have read and fully understood this Agreement and consent of being bound by and acceptance of its terms and conditions. If you choose not to accept this Agreement, please do not use any Xiaomi device, system, or software. Xiaomi has the right to modify this Agreement. Modified terms will be published on the Xiaomi devices and official website, and come into effect on the effective date specified in the revised Agreement.

1. GENERAL PROVISIONS

1.1 MIUI system (including system services and software, see Appendix I for the list of some services and software) is an Android deeply customized operating system independently researched and developed by Xiaomi. The ownership of such software and services belongs to Xiaomi.

1.2 This Agreement is entered into between you and Xiaomi Inc., its subsidiaries and affiliates (hereinafter referred to as "Xiaomi" or "we"), and our operational cooperators (hereinafter referred to as "Cooperator"), with respect to using the MIUI system, downloading and upgrading of software (hereinafter referred to as "this Software"), and using other relevant Xiaomi services by you.

1.3 This Software and services are provided by Xiaomi for mobile devices, and include the following items:

1.3.1 The system software provided for you on Xiaomi devices, including but not limited to the code, any other embedded software, files, interfaces, and content stored on any Xiaomi device and any other data protected by the copyright of Xiaomi or its licensors;

1.3.2 Updates or upgrades of the software described in the preceding paragraph; and

1.3.3 Open source software. Any Xiaomi device may contain the software protected by the copyright of a third party with the open source software license granted by the third party. Such open source software is differentiated by the license information provided in the device, which also indicates the open source software license applicable to each component. Therefore, when you use such open source software, terms and conditions of the open source software license apply. This Agreement will not change any right or obligation that you enjoy or undertake under such open source software license. If any permissive condition hereunder conflicts with the content about any open source software in the open source software license, the open source software license shall prevail.

1.4 You shall understand that Xiaomi provides you with this Software and relevant services only, and you shall independently undertake expenses necessary for the equipment related to this Software and services (such as terminal fees of this Software and communication fees paid for access to the Internet). At the same time, a terminal device, bandwidth, communication traffic, and other resources may be required in order to use this Software on the client side.

2. SOFTWARE LICENSE SCOPE

2.1 Xiaomi grants you an individual, non-transferable, non-sublicense, and non-exclusive license regarding this Software.

2.2 You may install, use, display, and operate this Software on Xiaomi devices for non-commercial purposes. However, you shall not install, use, or operate this Software for commercial operation purposes. You shall not copy, change, modify, embed, or create any derivative works based on the data released by this Software to the memory of any terminal device during this Software is running, or communication process between the client and the server, including but not limited to using plug-ins and non-authorized third-party tools and services to access the software and related systems. Written permission from Xiaomi shall be obtained before its commercial sales, reproduction, and distribution (e.g. software pre-installation or bundling).

2.3 You shall not, without permission of Xiaomi, install this Software on any other terminal device without the explicit permission of Xiaomi.

2.4 You may make a backup copy of this Software for the purpose of using this Software and services. The copy shall include all the copyright information included in the original software.

2.5 Except when explicitly authorized by this Agreement, you are not granted any other right by Xiaomi. If you need to get any other right, you shall obtain written consent from Xiaomi.

3. SYSTEM UPDATES

3.1 In order to improve the overall user experience as well as the quality of our services, Xiaomi has the right to provide you with the replaced, amended, and upgraded versions of MIUI from time to time. Notifications about such updates are turned on by default. Based on the difference between current and updated versions, MIUI allows you to choose whether to use this function. Xiaomi does not guarantee that old versions of MIUI will be usable after new versions are released.

4. CREATING ACCOUNTS AND SIGNING IN

4.1 You may be required to create a Mi Account to be able to use MIUI and its services. You shall create and use your Mi Account in accordance with the "Mi Account User Agreement".

5. SYSTEM SOFTWARE AND SERVICES

5.1 You may use system software and services which include Browser, Music, Notes, Recorder, Compass, Bluetooth, Screen Recorder, File Manager, Phone, Yellow pages, Contacts, Messaging, Calendar, Weather, Clock, Gallery, and Camera (See Appendix I for the examples of such software and services).

5.2 Some software or services require you to turn on location services, Bluetooth, or use mobile data networks. Using such services indicates that you agree to turn on location services or Bluetooth, or use mobile data networks.

5.3 Some system software or services may have independent user agreements and terms of service. You shall read and agree to such agreements before using the related software or services.

5.4 Xiaomi may send promotional information to you via email, text messages, push notifications, or any other available methods. You can unsubscribe from such messages or turn off notifications in the corresponding delivery channels.

6. TERMS OF USE

6.1 You may use this Software and related services in accordance with this Agreement, local laws and regulations. You shall not do the following:

6.1.1 Delete any copyright information from this Software and other copies thereof, and amend, delete, or evade any technical measure set for protecting intellectual property rights;

6.1.2 Conduct any reverse engineering of this Software, such as disassembling, decompilation, or any other action aimed at obtaining the source code of this Software;

6.1.3 Modify or forge commands or data in software operation; add, delete, or change the functions or operating effects of this Software, operate or transfer to the public any software or methods for the purposes described above, no matter whether or not such acts are for commercial purposes.

6.1.4 Perform any actions damaging network security by using this Software, including but not limited to using unauthorized data or entering into unauthorized servers or accounts; entering a public network or the operating systems belonging to other parties without permission and deleting, amending, or adding stored information; attempting to check, scan, or test the system or network of this Software for vulnerabilities without permission, or performing any other action damaging network security; attempting to interfere in or destroy the normal operation of the system or website of this Software, intentionally spreading malicious programs or viruses, or performing any other actions aimed at destroying or disturbing normal network information services; fabricating the name of TCP/IP data package wholly or in part;

6.1.5 Sign in or use this Software and services through any third-party compatible software or system not developed, authorized, or recognized by Xiaomi, or produce, launch or spread the aforesaid tool;

6.1.6 Without the written consent of Xiaomi, conduct any of the following behaviors to this Software and information in it, including but not limited to using, leasing, lending, copying, amending, linking, reprinting, compiling, and publishing it, establishing a mirror website, and arbitrarily developing any relevant derivative products, works, services, plug-ins, tag-ons, compatibility and interconnection by virtue of this Software;

6.1.7 Publish, transmit, spread or store any content in violation of any local law of the place where you are located by virtue of this Software;

6.1.8 By virtue of this Software, release, transmit, spread and store content that infringes upon the rights of others, such as the intellectual property rights, trade secrets, and other legal rights;

6.1.9 By virtue of this Software, publish, transmit or spread advertising information and spam in batches; or

6.1.10 Use this Software or any other service provided by Xiaomi in any other illegal way, for any illegal purpose, or in any way inconsistent with the license hereunder.

6.2 Information publication regulations

6.2.1 You shall guarantee that you have the intellectual property rights for the content published via this Software or has obtained its legal authorization, and the use of this Software and services by you do not infringe upon legitimate rights and interests of any third party.

6.2.2 You shall not use this Software to perform the following actions, including but not limited to:

6.2.2.1 Creating, copying, publishing, spreading, storing the content which violates the local laws and regulations.

6.2.2.2 Releasing, transmitting, spreading and storing content that infringes upon the rights of others, such as the rights of reputation, portraiture, intellectual property, trade secrets, and other legal rights.

6.2.2.3 Spreading fictitious information and concealing the truth for misleading or deceiving others.

6.2.2.4 Using this Software to publish, spread, and promote advertisement and spam.

6.2.2.5 Engaging in other violations of local laws and regulations.

6.2.3 You shall not carry out any commercial conduct by using this Software, including but not limited to advertising or selling merchandise.

6.3 You understand and agree that:

6.3.1 In case Xiaomi suspects that you violate this Agreement, revocation of the license or other appropriate measures within the scope of this Agreement might be taken.

6.3.2 The information published by you which may infringe upon any person's legal rights or violates this Agreement will be deleted directly.

6.3.3 In the event of damage to a third party resulting from your violation of this Agreement, you shall assume liability in their own name and Xiaomi shall not be responsible for any loss or damage.

6.3.4 If you violate the law or the terms of this Agreement, which leads to loss of Xiaomi or a third party or fines from legal authorities, you shall compensate for the loss caused and/or the costs incurred, including reasonable lawyer fees, investigation and evidence collection costs.

7. THIRD-PARTY FEATURES AND SERVICES

7.1 You understand and agree that the MIUI may include features or services provided by Xiaomi affiliates or third parties. Xiaomi only provides relevant modules and the user interfaces of third-party features and services in MIUI in order to facilitate your operation.

7.2 No matter whether the third-party features or services are pre-installed in MIUI, or opened or subscribed by you, you understand and agree that Xiaomi does not explicitly or implicitly undertake or guarantee the legitimacy or effectiveness of behaviors of the providers of the third-party features/services or you, or the legitimacy, accuracy, effectiveness or safety of the third-party features/services.

7.3 Xiaomi does not supervise, have any control over, provide a warranty for, guarantee for, or bear any liability for third-party features or services in any form.

7.4 Any controversy or dispute between you and a provider of any third-party features or services shall be settled between you and the said party according to the business procedures and regulations of the provider of the third-party feature/service, and Xiaomi shall not bear any liability.

8. PRIVACY POLICY AND PROTECTION OF PERSONAL INFORMATION

8.1 Xiaomi will protect your privacy in accordance this Privacy Policy: https://privacy.mi.com/all/en_US/

9. LIABILITY FOR BREACH OF THIS AGREEMENT

9.1 Xiaomi has the right to determine whether your behavior complies with the provisions of this Agreement. If you is considered to have violated relevant laws and regulations or the provisions of this Agreement and relevant rules, Xiaomi has the right to, according to the severity of your violation, remove the violating information, restrict, suspend and terminate the your access to the software services, take any legal actions, and take other measures that Xiaomi deems appropriate. You shall bear full responsibility for causing any loss incurred to Xiaomi (including but not limited to receiving any third party claims or penalties from any administrative department).

10. SERVICE RISKS AND DISCLAIMERS

10.1 Xiaomi provides service support with current technology. Xiaomi does not guarantee that there will be no interruption or errors in operation of this Software service, that all defects in this Software service will be corrected, or that this Software service can meet all your requirements. Xiaomi shall not bear any liability arising therefrom.

10.2 Xiaomi is not responsible for any loss caused by third parties, such as communication line failure, technical problems, network, and mobile terminal equipment failures, system instability, and other causes of force majeure.

10.3 Xiaomi does not guarantee the legality, authenticity, accuracy, or validity of the information (including but not limited to the content of third-party services invoked) obtained through this Software, and Xiaomi does not assume any responsibility for any actions based on views, or inquiries performed by you.

10.4 This Software, like most Internet software and services, may be subject to various security problems brought about by users, network connection quality, social environment, etc. For example, publishing personal information may result in real-life harassment; other software products downloaded and installed or other websites visited by you contain viruses such as "Trojan horses" so that security risks are brought and the functions of this Software is affected. To avoid damage and harassment, you are advised to be aware of the possible security risks and take the necessary measures to prevent them.

10.5 When you use this Software or requires Xiaomi to provide specific services, third party systems or software might be used to provide you with access to the corresponding functions or services. The result of use or access, therefore, would be provided by the third party. In addition to this Agreement, the agreements and relevant rules of third parties shall also be observed. You shall understand and agree that third parties may access user data while providing services. Xiaomi does not guarantee the security, accuracy, validity, or absence of any other risks that might be brought about by third party systems or software. You shall use third party services after reasonable consideration. Xiaomi shall not bear any responsibility for any disputes and damages caused thereby.

10.6 It should be noted that Xiaomi can modify or interrupt its services at any time after it has reasonably notified you to protect the company's business development and possible autonomy of adjustments.

10.7 Unless expressly required otherwise by laws and regulations, we will do our best to ensure that this Software and related services are safe, effective, accurate and reliable. However, please understand that we cannot guarantee it in the cases when this Software is restricted fully or in part by the current state of technology.

10.8 You shall bear the responsibility with respect to any physical or incidental, indirect economic losses or damages (including but not limited to losses of profits, losses of data, business interruption damages, or other commercial damages or losses) resulting from the following situations when:

10.8.1 You use or fail to use the licensed Software;

10.8.2 A third party obtains or changes your data without permission;

10.8.3 You do something in course of using this Software;

10.8.4 You misunderstand this Software;

10.8.5 Any other loss or damage related to this Software caused by parties other than Xiaomi.

10.9 You agree that Xiaomi has the right to suspend, interrupt or terminate all or part of this service to you based on the requirements of the judicial, regulatory and supervisory authorities or its own business, and Xiaomi shall not bear any liability therefor.

10.10 You understand and agree that Xiaomi will use its commercially reasonable effort to ensure the safety of your data stored in this Software and service, but Xiaomi cannot provide a complete guarantee for this. You shall understand that Xiaomi will not be liable for the failure to delete, store or backup data in services.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Xiaomi is the intellectual property owner of this Software. Any copyright, trademark, and patent rights, trade secrets, and other intellectual property rights related to this Software and all the content related to this Software (including but not limited to text, images, audio, video, charts, interface and layout design, relevant data or electronic documents, etc.) belong to Xiaomi and are protected by the local laws and regulations and corresponding international treaties.

11.2 Without Xiaomi's written consent, you shall not implement, utilize, transfer, or permit any third party to implement, utilize, or transfer the above intellectual property rights for any commercial or non-commercial purpose. Xiaomi reserves the right to take any legal actions for the above acts.

12. USE BY MINORS

12.1 Minors under the applicable law in their region shall read this Agreement and use this Software and the related services under the supervision of their legal guardian and with the guardian's consent.

12.2 Special tips for minors: when using this Software and services, minors shall use the Internet within a reasonable range approved by their legal guardian, avoid developing Internet addiction, and develop healthy habits of consuming online content.

13. MODIFICATION OF THIS AGREEMENT

13.1 Xiaomi has the right to amend the clauses of this Agreement if and when necessary. Once any clause of this Agreement is amended, the amended clause will be published on the relevant page. You shall cancel related services if you disagree with any amendment. Continuation of the use of service constitutes your acceptance of the amendment.

13.2 Xiaomi has the right to modify or change charging services, charging standards, charging methods, service fees, and service terms as required. Xiaomi may start charging for any service when it is introduced or has already been available for free. If you refuse to pay such fees, you will not be able to continue using the related services after it has become paid.

14. GOVERNING LAWS AND DISPUTE RESOLUTION

14.1 The effect and interpretation of this Agreement are applicable to the laws of the People's Republic of China. In the absence of relevant legal provisions, reference shall be made to the international business practices and/or business practices. Unless any mandatory applicable law in your jurisdiction provides otherwise, the governing law concerning your all or specific rights and obligations shall be the law of the country or region where you are a resident.

14.2 Any dispute or controversy arising between you and Xiaomi shall first be settled through friendly consultation. If consultation fails, the dispute shall be submitted to the jurisdiction court where Xiaomi is located.

15. MISCELLANEOUS

15.1 Xiaomi will notify you by email, short message, web announcement, or in any other manner Xiaomi deems appropriate, of any modification of the service terms, any change in the service, and/or other important matters.

15.2 This Agreement was updated on August 14, 2020.

15.3 The titles of each paragraph are written only for the convenience of reading and cannot be used as a basis of the interpretation of the Agreement.

15.4 No matter some provisions of this Agreement are partially invalid or unenforceable for some reasons, the others remain valid and are binding on both parties.

Appendix I: List of certain system software or services (all or some software services vary depending on the device model used by the User)

 
Services Basic features
Browser An app for browsing webpages, recommended news, and videos. Video services are outsourced to Chengdu Fenxiang Information Spread Limited Company.
Duokan An app for reading online books and graphic novels, listening to audiobooks, and viewing user content.
Music Online music services and local music player
Themes Themes, wallpaper, fonts, ringtones, polyphonic ringtones and other resources. Using pre-installed items does not require connecting to the Internet. Other resources can be accessed online.
GetApps Searching, downloading, updating, and managing apps.
Mi Life Lifestyle services, including popular commodities, search for hidden coupons, personalized recommendations, etc.
Mi Push Sending push messages to the users when it is required by the developers.
Quick apps Quick apps are a new generation of apps that provide more efficient services. Quick apps are smaller, faster, and almost identical to conventional apps.
Security An app that provides core system security and optimization functionality. Its features include Security scan, Cleaner, Virus scan, Network assistant, Permissions, etc.
Updater System updates
Mi PC Suite Flashing devices, backups, managing files.
Downloads Improving download speed, managing downloads, testing Wi-Fi speed.
Mi Roaming Mobile data roaming for outbound users
Notes A note taking app with multiple editing features. Images and voice recordings can be attached. Notes can be synced across devices.
Recorder A sound recording app with playback and sync features.
Compass An app that combines the functionality of a compass and spirit level.
Scanner A scanning tool that works with QR codes, identifies products and finds them on retailing platforms, translates words, and scans documents.
AI object recognition Recognizing objects using AI, optical character recognition, and translation functionality.
Bluetooth Basic Bluetooth functionality includes connectivity, file transfers, audio playback, voice calls, and connecting low-power Bluetooth devices.
Mi Remote Mi Remote allows using your device as a universal remote for the devices with infrared (TVs, air conditioners, set-top boxes, electric fans, etc.) and Wi-Fi (Mi TV) capabilities.
Wallpaper Carousel Wallpaper Carousel allows you to browse, search, and share online images and stories. Curated online and local content will appear on your Home screen and Lock screen. In-app recommendations are also available.
Feedback A channel for reporting bugs and submitting user suggestions.
Screen Recorder Recording, editing, and sharing screen videos.
Calculator A conventional calculator combined with multiple converters and additional features.
Mi Mover Transferring items from the old device to a new one.
File Manager File Manager allows you to manage, delete, modify, and search for files. Remote file management is also available when your device is connected to the network.
Taplus Taplus is an experimental feature. A long press in any area with text makes Taplus analyze it and display related information (movie reviews, encyclopedia articles, maps, word segmentation, etc.) without leaving the current app.
Phone Basic telephony, mobile data, and SIM card management features
Yellow pages Phone number directory and tagging service phone numbers
Contacts Managing contacts and contact info.
Messaging Sending and receiving SMS, MMS, and network messages.
Calendar Besides the basic functionality, Calendar allows you to schedule events, receive birthday and anniversary reminders, create countdowns, and manage the reminders related to your subscription services and trips when your device is connected to the network.
Weather Viewing relevant weather info specific to your location.
Clock World clock, alarms, stopwatch, timer, as well as weather and ambient noise functionality (additional features require network connection)
Ambient noises Ambient noise timer is a perfect companion when you need a couple of minutes of rest and concentration. You'll need to connect to the internet to download additional audio files.
App vault App vault is a one-stop spot for all the frequently used features and location-based services.
Global search Global search will help you find items that are stored on your device. Online search is integrated into this feature.
Gallery Gallery is a perfect place for storing, sorting, editing, and sharing your photos and videos. You can sync Gallery items with Xiaomi Cloud and use enhanced search, AI categories, and face recognition.
Camera Taking photos and shooting videos can be done in various modes with multiple software enhancements.
MIUI Forum An interactive social platform dedicated to MIUI. Users can also submit their bug reports and suggestions here.
Mi AI Personal voice assistant. Mi AI can make phone calls, play music, check the weather, open apps, set reminders, and more.
Mi Pass Coupons and promotions
Xiaomi Account Membership benefits and loyalty program
Settings An app that contains categorized settings both for the whole system and individual apps.
Kid space Content services for minors, as well as the functionality that allows parents to set usage times and restrict app usage.
Services & feedback MIUI feature descriptions, channels for providing feedback and applying for after-sale services.
Printing The feature that allows connecting a mobile device to a printer and print images and documents.
Mi Document Viewer A system document viewer that supports multiple file formats.
Mi Share Cross-platform file sharing tool which allows transferring items wirelessly to the nearby devices.
Cast This feature allows casting phone screen's content to TVs, projectors, and other monitors.
Xiaomi Health An app for recording health and activity data, viewing stats and suggestions.
Mi Video Online video services and local video player