Xiaomi Operating System User Agreement

Xiaomi Inc. hereby reminds you to carefully read and fully understand this Xiaomi Operating System 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. The clauses regarding the limitation and exemption of liability are presented in bold font for your convenience. Please pay special attention to them while reading. 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 the Xiaomi operating system constitutes an acknowledgement that you have read and fully understood this Agreement and consent to being bound by its terms and conditions. If you choose not to accept this Agreement, do not use any Xiaomi device, system, or software. Xiaomi has the right to modify this Agreement. Modified terms will be published on Xiaomi devices and the official website.

1. General provisions

1.1 The Xiaomi operating system (including system services and software, see Appendix I for the list of some services and software) is the customised Android 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 your use of the Software (as defined in section 1.3) and related Xiaomi services.

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 software protected by the copyright of a third party with the open source software licence 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 regarding 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 (such as terminal fees of this Software and communication fees paid for access to the Internet). A terminal device, bandwidth, communication traffic, and other resources may be required in order to use this Software and its related services on the client side.

2. Software licence scope

2.1 Xiaomi grants you one individual, non-transferable, non-sublicensable, and non-exclusive licence 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 while this Software is running, or during the communication process between the client and the server, including but not limited to using plug-ins and non-authorised third-party tools and services to access the Software and related systems. If the User needs to sell, copy, or distribute this Software commercially, e.g., in the form of software pre-installation or bundling, written authorisation and permission from Xiaomi must be obtained.

2.3 You shall not, without the permission of Xiaomi, install this Software on any terminal device other than the one explicitly approved by Xiaomi for this purpose.

2.4 Except when explicitly authorised by this Agreement, Xiaomi does not grant any other right to the User. If the User needs to get any other right, the User 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 the operating system from time to time. Notifications about such updates are turned on by default. Based on the difference between current and updated versions, the system allows you to choose whether to use this feature. After the new version of the Software is released, Xiaomi does not guarantee that older versions of the Software will continue to be functional.

4. Creating accounts and signing in

4.1 You may be required to create a Xiaomi Account to be able to use the Xiaomi operating system and its services. You must create and use your Xiaomi Account in accordance with the Xiaomi Account User Agreement.

5. System software and services

5.1 The User 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 examples of such software and services.

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

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 Some system software or services may have additional terms and conditions. Please refer to Appendix II for software or service specific terms and conditions. You hereby acknowledge and agree that any additional terms and conditions set out in Appendix II form an integral part of this Agreement and you shall be bound by the same. In the event of any conflict or inconsistency between the general terms and conditions set forth herein and the additional terms and conditions set out in Appendix II, the latter shall prevail.

5.5 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.

5.6 Xiaomi has built-in app security risk detection services in the Security app. In order to protect you from malicious third-party apps, these services will read the information of the apps downloaded and installed on your device, as well as the URLs of the apps downloaded within the system. If the risks that Xiaomi believes you should be aware of are detected (including but not limited to cases when certain apps downloaded or installed by you pose risks of harming your device, data, privacy, or property), Xiaomi will notify you of such risks when you install, update, open, and use the related app, providing security warnings and guidelines, as well as asking for confirmation of your awareness.

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 undertake any of the following actions:

6.1.1 Delete any copyright information from the Software or any copies thereof; amend, delete, or evade any technical measure set for the protection of 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 the course of operating the Software; add, delete, or change the features 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 unauthorised data or entering into unauthorised 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; or fabricating any TCP/IP packet header wholly or in part;

6.1.5 Sign in to or use this Software through any third-party compatible software or system not developed, authorised, or recognised by Xiaomi, or produce, launch or spread the aforementioned tools;

6.1.6 Without the written consent of Xiaomi, conduct any of the following behaviours 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, or 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 intellectual property rights, trade secrets, or 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 attest that you have the intellectual property rights for the content published via this Software or have obtained the relevant legal authorisation, and that your use of this Software and services do not infringe upon the 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, or storing content which violates 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 in order to mislead or deceive others;

6.2.2.4 Using this Software to publish, spread, and promote advertisements 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 using this Software without the consent of Xiaomi, including but not limited to advertising or selling merchandise.

6.3 You understand and agree that:

6.3.1 In the event that Xiaomi suspects that you have violated this Agreement, suspension or revocation of the license or other appropriate measures within the scope of this Agreement may be taken after investigation.

6.3.2 Any information published by you which may infringe upon any person's legal rights or violate 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 your 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, and this violation causes Xiaomi or a third party to incur losses or fines from legal authorities, you shall compensate the losses caused and/or costs incurred, including reasonable lawyer fees and investigation and evidence collection costs.

7. Third-party features and services

7.1 You understand and agree that this Software 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 order to facilitate your operation of this Software.

7.2 No matter whether the third-party features are pre-installed in this Software, or you independently turn on or subscribe to them, you understand and agree that Xiaomi does not control third-party features, nor does Xiaomi explicitly or implicitly undertake or guarantee the legitimacy or effectiveness of behaviours of the providers of the third-party features/services or the User, or the legitimacy, accuracy, effectiveness, or safety of the third-party features/services.

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

8. Privacy Policy and protection of personal information

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

9. Liability for breach of this Agreement

9.1 Xiaomi has the right to determine whether your behaviour complies with the provisions of this Agreement. If you are 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, or terminate your access to the Software services, pursue legal liability, or 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 the 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 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) obtained through this Software, and Xiaomi does not assume any responsibility for any actions, 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 may contain viruses (such as "Trojan horses") so that security risks are brought about and the features of this Software are 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 require Xiaomi to provide specific services, third party systems or software might be used to provide you with access to the corresponding features 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 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 Xiaomi specifically reminds users that in order to protect the company's autonomy in business development and adjustment, Xiaomi has the right to modify or interrupt the provision of all or part of this Software and related services at any time after notifying users in a reasonable manner, and Xiaomi shall not assume any liability therefor.

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 this in cases where this Software is restricted fully or in part by the current state of technology.

10.8 The User shall bear the responsibility with respect to any physical harm, or incidental or 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:

10.8.1 The User uses or fails to use the licensed Software;

10.8.2 A third party obtains or changes the User's data without permission;

10.8.3 The User performs actions which result in fees and losses while using this Software;

10.8.4 The User has a misunderstanding regarding this Software; or

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 the Software and related services provided 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 understand that Xiaomi will not be liable for the failure to delete, store, or back up data in the service.

11. Intellectual property rights

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

11.2 Without Xiaomi's written consent, you shall not implement, utilise, transfer, or permit any third party to implement, utilise, or transfer the above intellectual property rights for any commercial or non-commercial purpose. Xiaomi reserves the right to pursue legal liability 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 You agree that, based on developments in technology, the market, Xiaomi's business model, etc., Xiaomi has the right to amend terms and conditions, including this Agreement, at any time in accordance with changes in laws and regulations, the development of the internet, and adjustments in company situation and business strategy. Once the terms of this Agreement are changed, the revised terms will be announced on the relevant page. If you do not agree with the amendments made, you should stop using this service. Continuation of the use of service constitutes your acceptance of the amendment.

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

14. Applicable law and legal disputes

14.1 The effect and interpretation of this Agreement are subject 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, text 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. After Xiaomi notifies the User through any of the aforementioned methods, the User may submit an objection in writing within 3 days, after which they shall be deemed to have accepted the content of the notification.

15.2 This Agreement was updated on 3 December 2021.

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 If some provisions of this Agreement cannot be applied for any reason, all other provisions remain valid and are binding on both parties.

Appendix I: Partial list of system software and services (specific software services vary depending on your device model)

When selecting your region, please make sure that you select the region where your device is actually used, as region-specific rules, configurations, and apps are loaded after you select a region. If you select the wrong region, your device might not work correctly. Selecting the wrong region might also be against your local laws and regulations.

Service name Basic features
Browser An app for browsing webpages, recommended news, and videos. Video services are outsourced to Chengdu Fenxiang Information Spread Limited Company.
Reader An app for reading online books and graphic novels, listening to audiobooks, and viewing user content.
Music An app that combines a local player with online music services.
Themes A personalisation app which provides themes, wallpapers, fonts, and ringtones. These items let the user change the way system elements look and sound.
GetApps An app market for Xiaomi users that allows searching, installing, updating, and managing apps. GetApps comes with in-app recommendation services.
Mi Push A push notification service for developers. A stable and reliable long-term connection between the cloud and the client allows developers to reach users and enhance app activity.
Security A core system app that allows users to check their devices for security risks, clear trash, detect viruses, protect privacy, and more. Security optimises the system and protects devices from possible risks.
Updater An app that updates the system.
Mi PC Suite A tool for flashing devices, backups, and managing files.
Downloads A service for increasing download speed, managing downloads, and testing Wi-Fi speed.
Notes A note-taking app that allows the creation of notes and mind maps. Complex formatting, audio files, doodles, and backgrounds can be incorporated into notes. Mind maps can be viewed in different formats. All items created in the Notes app can be synced with Xiaomi Cloud.
Recorder A sound recording app with playback and sync features.
Compass An app that combines the functionality of a compass and spirit level.
Mi AI Scanner An app for scanning QR codes and barcodes, translation, finding similar products on e-commerce platforms, and more.
Bluetooth A service that provides basic Bluetooth functionality, including connectivity, file transfers, audio playback, voice calls, and connecting low-power Bluetooth devices. Additionally, this service allows unlocking devices using Bluetooth, finding devices nearby, and pairing other devices.
Mi Remote An app for controlling all compatible smart home appliances using your mobile device. Mi Remote allows use of your device as a universal remote for devices with infrared (TVs, air conditioners, set-top boxes, electric fans, etc.) and Wi-Fi (Mi TV) capabilities.
Wallpaper Carousel A service that delivers regularly updated quality wallpapers adjusted to user preferences directly to the Lock screen. Wallpaper Carousel allows the user to see a different image every time the screen lights up.
Screen recorder An app for recording, editing, and sharing screen videos.
Calculator A conventional calculator combined with multiple converters and additional features.
Mi Mover A data transfer app that facilitates the transition from an old Android or iOS device to a new Xiaomi phone.
File Manager An app that 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 An AI content recognition service. Pressing and holding any text or image on the screen triggers a mechanism that analyses it and displays related options and information without leaving the current app.
Phone An app that contains basic telephony, mobile data, and SIM card management features.
Yellow pages A service that is based on a phone number directory and business phone number tagging.
Contacts An app that allows management of contacts and contact info.
Messaging A messaging app that combines SMS, MMS, and internet messaging capabilities, as well as Sender ID recognition.
Calendar A calendar app that 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 An app for viewing relevant weather info specific to your location.
Clock An app that combines world clock, alarms, stopwatch, timer, as well as weather and ambient noise functionality (additional features require network connection).
App vault A one-stop spot for all the frequently used features and location-based services.
Search A service that helps you find items stored on your device. Online search is integrated into this feature.
Gallery 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 An app for taking photos and shooting videos that offers various modes and multiple software enhancements.
Settings An app that contains categorised settings both for the whole system and individual apps.
Services & feedback System feature descriptions, channels for providing feedback and applying for after-sale services.
Print A feature that allows connecting a mobile device to a printer and printing images and documents.
Mi Document Viewer A system document viewer that supports multiple file formats.
Mi Share A cross-platform file sharing tool which allows transferring items wirelessly to the nearby devices.
Cast A feature that allows casting phone screen content to TVs, projectors, and other monitors.
Xiaomi Health An app for recording health and activity data and viewing stats and suggestions.
Dark mode A mode that allows using a dark colour palette for system apps and selected third-party apps. Dark mode may reduce eye strain for some users, as well as slightly reduce the overall power consumption.
Device interconnectivity services A service that combines a mobile device and computer into a single work station. Screen mirroring, synced notifications, shared clipboard, and handoff functionality are included.
Content Center An aggregator of content and services from multiple sources. It supports viewing images, articles, videos, daily featured items, or other recommended content that may interest the user.
Mi AI Call Assistant A service that uses AI for answering calls. Text-to-speech options are also available.
Mail A simple and efficient email client. It supports accounts from a wide range of platforms and offers comprehensive email management capabilities.
Mi AI Translate Provides system-level translation tools, including text/voice translation, simultaneous interpretation, screen translation, photo translation, and real-time subtitles.
The content listed in this table is for reference only. The software and services actually supported by the Xiaomi operating system are subject to the content provided by the current software version of the device.

Appendix II: System software or services specific additional terms and conditions

A. Messaging

If you are a user in India, you shall be bound by the following provisions:

1. Prohibited activities: You shall not host, display, upload, modify, publish, transmit, store, update, or share any information that:

1.1 belongs to another person to which the user does not have any right;

1.2 is defamatory, obscene, paedophilic, invasive of the privacy of others, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to or in violation of the laws in force;

1.3 is harmful to children;

1.4 infringes the intellectual and proprietary rights of someone else including their copyright, trademarks, and patents;

1.5 deceives or misleads the addressee about the origin of the message or information or knowingly and intentionally communicates any information which is patently false or misleading but may reasonably be perceived as a fact;

1.6 impersonates another person;

1.7 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

1.8 contains software virus or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer resource;

1.9 is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.

2. Contact us

For any grievances, comments, or questions about Messaging, please contact the Grievance Officer, whose details are as follows:

Name: Vishwanath C

Telephone: 080 68856286 (9AM-6PM)

Email: grievance.office@xiaomi.com

For regulatory compliance, please contact the Chief Compliance Officer

Email: ind-cc-mimessage@xiaomi.com

For coordination with law enforcement agencies, please contact the Nodal Officer

Email: ind-nd-mimessage@xiaomi.com

If you wish to send any communications to us, please send them to the following address:

Xiaomi Technology India Private Limited, Building Orchid, Block E, Embassy Tech Village Marathahalli Outer Ring Road, Devarabisanahalli, Bengaluru – 560103, India