【Mi Push Technology Terms of Service】

Xiaomi hereby reminds you to carefully read and fully understand the terms of this agreement, especially the terms exempting or restricting Xiaomi’s liability, restrictions on the rights of developers, dispute resolution, applicable laws, etc. Such clauses will be brought to your attention in bold font.Developers should read this agreement carefully and choose whether to accept it.Unless a developer accepts all the terms of this agreement, they have no right to use the related services provided by Xiaomi.The developer's logging into or use of the service will be considered an acceptance of this agreement (That is, this agreement and subsequent updated versions or a separate agreement for opening or using a certain service) and consent to be bound by the terms of this agreement.

Please note that this agreement does not apply to developers who select the People's Republic of China (Excluding Hong Kong, Macau or Taiwan) for app distribution/service.The developer will sign the "Mi Push Technology Terms of Service" with Beijing Xiaomi Mobile Software Co., Ltd. and be bound by said agreement. 

1、Definitions

1.1 "Xiaomi" refers to the relevant subsidiaries of Xiaomi Group that have entered into this agreement with the developer according to the following rules.
(1) If the country or region selected by the developer for application distribution/service is EU, UK, the developer will sign this agreement with Xiaomi Technology Netherlands B.V.;
(2) If the country or region selected by the developer for application distribution/service is India, the developer will sign this agreement with Xiaomi Technology India Private Limited;
(3) If the country or region selected by the developer for application distribution/service is Russia, the developer will sign this agreement with "Xiaomi" LLC;
(4) If the country or region selected by the developer for the application distribution/service is outside the EU, UK, India, Russia or the People's Republic of China (Excluding Hong Kong, Macau or Taiwan), the developer will enter into this agreement with Xiaomi Singapore Pte. Ltd.
1.2 "Mi Push Technology" refers to the technical services provided by Xiaomi to developers to integrate and use the message push platform in developer application. Developers can use the Mi Push Technology service to send app notification messages to end users.
1.3 Authorized technology service: Refers to Mi Push technology which Xiaomi has developed independently and enjoys intellectual property rights with regard to, and all subsequent versions during the performance of this agreement, including but not limited to its target instructions (Runnable files) and technical documents, etc.; it also refers to the version generated based on the customization or development requirements of this agreement, or subsequent versions generated by providing technical support for repairing software defects.
1.4 "Developer app": Refers to a mobile app released on Xiaomi's GetApps that the developer has developed independently or is legally authorized to operate.

2、 Details of cooperation

2.1 Xiaomi authorizes developers to integrate and use the authorized technology service in their apps to send application notification messages to end users through the Xiaomi message push platform.
2.2 Developers will use the authorized technology service in accordance with the scope of this agreement, provided that they abide by the provisions of this agreement.

3、License terms

3.1 Provided that the developer complies with the obligations stipulated in this agreement, Xiaomi authorizes the developer to enjoy a non-transferable, non-divisible, non-exclusive ordinary license for the authorized technology service in Mi Push service regions in accordance with this agreement. That is, the developer has the right and can only use the functions of the integrated Mi Push software development integration package in the developer app.Developers will not individually copy, sell, reauthorize, assign, license, sub-license, or transfer this authorized technology service, or in any way provide said authorized technology service to another party.
3.2 The authorization period will automatically end on the termination date of this agreement unless expressly agreed otherwise herein.
3.3 Unless otherwise expressly permitted in this agreement, the developer will not disclose or otherwise provide the authorized technology service or any part thereof to a third party.The developer will take reasonable and necessary steps to prevent the developer (or their employees) from disclosing or otherwise providing the authorized technology service or any part thereof to a third party.
3.4 Except for the authorization specified in this article, Xiaomi does not grant any other licenses to the developer either expressly or implicitly.

4、Xiaomi's Rights and Obligations

4.1 Xiaomi provides developers with the following materials and services for developers to use the authorized technology service:
(1) The "Mi Push" message push platform software development kit;
(2) Authorized technology service technical documents, etc., for developers to configure and invoke the authorized technology service in the developer app.
4.2 Xiaomi provides developers with necessary technical support and cooperates with developers in the joint debugging and testing of technology and user experience.
4.3 Xiaomi holds the ownership and intellectual property rights to the authorized technology service by Xiaomi and its related functions and technical materials in accordance with the law. The ownership and intellectual property rights enjoyed by Xiaomi will not be transferred in any form under any circumstances.All Mi Push platform operating data rights (Including but not limited to developer login information, operation records, etc.) belong to Xiaomi, and Xiaomi has the right to provide product services and optimize products.
4.4 Provided that the requirements of applicable laws and regulations are met, Xiaomi has the right to enjoy non-proprietary, global, free, perpetual, and further license and use rights for the data collected and stored by developers in the process of using the Mi Push service.
4.5 Xiaomi has the right to independently adjust the authorized technology service as well as the scope and conditions of the authorized technology service provided to developers as needed, including but not limited to updating and upgrading authorized technology service programs, specific functions, etc.Developers are obliged to cooperate by updating and adjusting the developer app in a timely manner after receiving notice from Xiaomi regarding adjustments or updates to the software development kits provided by Xiaomi, and to ensure that they no longer use the authorized technology service solutions from before the update adjustments, etc., or provide them to other third parties for use.Xiaomi has no liability for any losses, disputes, etc., caused by the developer's failure to update, use, or providing authorized technology service that has not been updated and adjusted to a third party for use, etc., and the developer will resolve the matter and bear responsibility.
4.6 Both parties agree that any intellectual achievements and intellectual property rights related to Xiaomi's authorized technology service arising from Xiaomi's authorized technology service and its related functions during the cooperation process will be exclusively owned by Xiaomi.
4.7 Xiaomi has the right to adjust specific app scenarios/scopes and usage rules for the authorized technology service provided by Xiaomi in developer apps based on business needs, regulatory policies, and public opinion, but should notify the developer in advance.

5、Developer's rights and obligations

5.1 The developer is responsible for completing the work of integrating the Xiaomi message push platform SDK in the developer app.
5.2 Developers can only integrate and use Mi Push technology services in their own apps. If Xiaomi discovers that the developer is using Mi Push outside this scope or providing authorized technology service to a third party, Xiaomi has the right to unilaterally terminate the contract and demand compensation from the developer.The contract will be terminated early as of the date notice is given by Xiaomi, and the developer will immediately cease using the authorized technology service.
5.3 The developer guarantees the security and stability of the developer’s app. It will not contain any viruses, worms, Trojan horses, or and other malicious programs, nor will it contain other software that affects the operation of a mobile terminal or damages, interferes with, intercepts, or confiscates any system data or personal information.If the developer violates this guarantee and causes disputes (Including but not limited to user complaints, administrative reports, and litigation), the developer will deal with it independently and prevent Xiaomi from suffering losses.If losses are caused to Xiaomi, the developer should pay compensation.
5.4 The developer guarantees that when using the authorized technology service, they will not accept technical data and technical information related to the authorized technology service which are mutually confirmed by both parties, make any changes, disclose technical data, technical materials, etc. to any third party, and not use authorized technology service beyond the authorized scope without the written consent of Xiaomi.Otherwise, Xiaomi has the right to terminate the license stipulated in Article 3 and all cooperation with the developer, and require the developer to bear the responsibility for breach of contract at any time. The developer will be solely responsible for any disputes and losses caused thereby.
5.5 The developer guarantees that they will not reverse engineer, decompile, or disassemble any of Xiaomi's information (Including but not limited to authorized technology software development kits, authorized technology's technical documents, etc.) delivered by Xiaomi based on this agreement; without the written consent of Xiaomi, they guarantee they will not modify any aspect of content, function, logic, etc., of Xiaomi's authorized technology service and technical data.
5.6 The developer guarantees that by themselves they will not and they will not allow a third party, by any means such as derivation, copying, imitation, cracking, development on the basis of the authorized technology service program, etc., alter or change Xiaomi's authorized technology service program, or create or imitate a message push mechanism the same as or similar to Xiaomi's authorized technology service, otherwise Xiaomi has the right to terminate this agreement.
5.7 The developer guarantees that the developer’s app and the messages pushed by the developer do not violate any applicable laws, regulations, relevant provisions of the supervisory authority, etc., nor infringe on the legitimate rights and interests of any third party, including but not limited to intellectual property rights. If the app causes any disputes or leads to Xiaomi being punished or liable, Xiaomi has the right to immediately terminate this agreement and require the developer to take responsibility for resolving the disputes. At the same time, they will be liable for compensation for the losses suffered by Xiaomi as a result.Developers should provide relevant certificates, agreements, or qualification certificates as required by Xiaomi in a timely manner.The developer understands and confirms that Xiaomi's review of certificates, agreements, or qualification certificates submitted by the developer is only a formality check; we do not make any form of commitment and guarantee for the legitimacy of the developer and their applications, and all disputes and controveries arising from the developer and their applications shall be borne by the developer themselves.
5.8 The developer will obtain consent from users of the developer's app before sending push messages in accordance with the legal requirements of the country or region where the developer's app is distributed/serviced.The developer will be independently legally responsible for their use of the authorized technology service and the developer's app. If any loss is caused to the user or Xiaomi, the developer will be liable for compensation.
5.9 The developer will strictly abide by applicable laws and regulations when pushing messages, and establish and improve the content review mechanism for push messages.The developer will not use Mi Push Technology to push and disseminate information that violates relevant laws and regulations to users, otherwise Xiaomi has the right to unilaterally terminate the agreement and reserves the right to hold the developer accountable.

6、Intellectual Property

6.1 The two parties guarantee that the products or services provided by the party, including but not limited to film and television content, software, equipment, or technology, do not infringe on the prior legal rights and interests of third parties,  such as intellectual property rights and relevant laws and regulations.If a party infringes on the legal rights of a third party’s intellectual property rights and relevant laws and regulations due to the use of the products or services provided by the other party, the provider will be responsible for handling the matter and bear the corresponding legal liabilities.
6.2 The two parties agree that if either party receives a letter from a third party declaring that they suspect the infringement of intellectual property rights or other legal rights, that party will promptly notify the other party, and the provider of the suspected infringing content will provide the suspected infringing content as soon as possible without infringing on intellectual property rights or other legal rights. The utilizing party has the right to remove the relevant content according to the notice and immediately restore the removed content based on the written counter-notification provided by the provider that the allegedly infringing content does not infringe intellectual property rights.The utilizing party must notify the provider before removing the relevant content. If the provider issues a guarantee of non-infringement, the utilizing party may opt not to remove the relevant content temporarily until the provider provides a written counter-notification that the allegedly infringing content does not infringe intellectual property rights. If investigation does confirm an infringement of the third party’s intellectual property rights, liability during this period, including infringement liability and administrative legal liability, will be borne by the provider.
6.3 Without the prior written consent of Xiaomi, regardless of whether Xiaomi directly or indirectly holds any equity interest in any group company at that time, the developer shall not use, publish, or reproduce the name of investors or any of their affiliates (Including but not limited to including "Lei Jun", "Xiaomi", "Mi Link", "Miba", "Mi Store", "mi.com", "Redmi", "Mi Bunny", "MIUI", "Mijia", affiliated logos and patterns of the above brands (Including but not limited to 

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, etc.), or any similar company name, trade name, trademark, product or service name, domain name, graphic design, signs, logos, or specific description that enables third parties to identify Xiaomi or any of its affiliates for any marketing, advertising, promotional, or other purposes.

7、Privacy Protection

7.1 Xiaomi considers the protection of personal information and the privacy of end users to be of the utmost importance. We will collect, store, use, disclose, and protect the personal information of end users in accordance with the "Mi Push Privacy Policy".Before using Mi Push technology services, developers should include the "Mi Push Privacy Policy"  in the privacy policy of the developer products for end users, it is recommended that users can easily access the privacy policy of Mi Push in no more than 4 clicks from the dashboard of the developer app, and ensure that the link is accurate and effective. That is, the developer should ensure that the end user's consent is obtained in advance so that Mi Push has the right to collect and use data to provide corresponding services.The developer shall record the "Agree" clicked by the user and the version of the privacy policy of Mi Push that the user agrees to. If the end user does not give consent, the developer should not continue to use the Mi Push service.The developer’s continued use is regarded as consent by the developer assuring Xiaomi that all of the developer's end users have agreed to the collection and use of their information by Mi Push.These terms are for the developer's reference only, but the text does not constitute formal legal advice. If developers need professional legal advice, we recommend they consult with their lawyer or legal adviser.If the developer does not obtain the consent of end users to allow Mi Push to collect and use data to provide push services in advance, all responsibility will be borne by the developer. If any losses are caused to Mi Push, the developer will pay full compensation.
7.2 The developer agrees to abide by applicable laws, regulations, policies, and industry standards related to the collection, use, disclosure, and protection of end-user data, and to ensure compliance with such laws, regulations, policies and industry standards in using the Mi Push service.As a user of the Mi Push service, the developer must formulate and publish the developer Privacy Policy and obtain the consent of the end user.However, Xiaomi does not control how developers use data belonging to or about the developer’s end users, and should not be responsible for this. Although Xiaomi expects developers to use end user data in a manner that complies with their legal and ethical obligations, end-users should review the developer’s app privacy policy to understand how developers collect and use end user data.
7.3 Xiaomi and the developer agree to abide by the relevant terms of the   "Mi Push Technology Service Data Protection Appendix"    agreement to handle the user's personal information .

8、Confidentiality

8.1 The term "confidential information" in this agreement refers to information that one party (hereinafter referred to as the "receiving party") obtains from the other party (hereinafter referred to as the "disclosing party"), learns about, or is co-created by both parties and indivisible as a result of the performance of this agreement. This includes trade secrets (Including financial secrets), technical secrets, business know-how, and/or other information and materials that should be kept confidential regardless of the form or carrier of the above-mentioned information and materials, regardless of the form or carrier of the above information and materials, and regardless of whether the disclosing party indicated its confidentiality orally, through imagery, or in writing at the time of disclosure.
8.2 The termination of this agreement does not terminate the confidentiality obligations of the receiving party under the agreement. For confidential information disclosed before the termination of this agreement or due to its cancellation, the receiving party will permanently perform the confidentiality obligation from the date of termination of this agreement until the confidential information under this agreement is known to the public.
8.3 Both parties will take appropriate measures to properly preserve the confidential information provided by the other party, and the degree of prudence in the measures will not be less than that with which they protect their own confidential information.Party A and Party B can only use the confidential information for uses or purposes related to this agreement.
8.4 Both Party A and Party B guarantee that confidential information can only be known to the person in charge and employees of the respective party engaged in the business.Before the above-mentioned personnel of both parties learn of confidential information, they will be reminded of the confidentiality of the information and their obligations, and show in a provable manner that the above-mentioned personnel do indeed bear an obligation of confidentiality under this agreement.
8.5 If necessary, the receiving party will return all documents or other information containing confidential information to the disclosing party in accordance with the instructions of the disclosing party, or destroy it as directed.
8.6 The above restriction clauses of this article do not apply to the following situations, but the receiving party will provide evidence to prove said situations:
8.6.1 At or before the time of signing this agreement, this confidential information has been legally owned by the receiving party;
8.6.2 The confidential information has been disclosed or can be obtained from the public domain when it is provided to the receiving party;
8.6.3 The confidential Information is obtained by the receiving party from a third party with whom they have no obligation of confidentiality or non-disclosure;
8.6.4. The confidential information has been disclosed or can be obtained from the public domain, provided that the obligations stipulated in this agreement have not been violated;
8.6.5 The confidential information was independently developed by the receiving party or their affiliates or subsidiaries and did not benefit from the information obtained by the notifying party or their affiliates or subsidiaries;
8.6.6 The receiving party will disclose confidential information in response to the information required by the court or other laws and administrative departments (Through oral questions, inquiries, requests for information or documents, subpoenas, civil or criminal investigations, or other procedures). When such a situation occurs, the receiving party will immediately notify the disclosing party and provide the necessary instructions.
8.7 Both parties are also responsible for the confidentiality of the specific content of this agreement.

9、Declarations and Warranties

9.1 The parties state, represent, and warrant to each other the following:
(1) They are a legally established and effective independent legal person or the authorized representative of a legal person;
(2) They are qualified to engage in cooperation under this agreement;
(3) Their authorized representative has been fully authorized to sign this agreement on their behalf;
(4) They have the ability to perform their obligations under this agreement, and the performance of such obligations does not violate any binding legal documents.
9.2 Xiaomi does not guarantee either expressly or implicitly any matters other than those guarantees expressly stated in this agreement.

10、Liability for Breach of Contract

10.1 Both parties shall properly exercise their rights and perform their obligations to ensure the smooth performance of this agreement.If either party fails to perform their obligations in a full and timely manner, the party will be liable for breach of contract; if this breach causes losses to another party, it will compensate the other party for economic losses suffered thereby.
10.2 If the non-compliant party fails to correct their breach of contract within 10 days after receiving the above-mentioned notice of their non-compliant conduct, the observant party will have the right to unilaterally terminate this agreement early by way of written notice, and to investigate the non-compliant party’s liability for breach of contract.

11、Confirmation, Acceptance, and Revision of this Agreement

11.1 As long as the developer clicks to accept this agreement online and successfully registers, or actually uses the Mi Push technology service, or signs the paper version of this agreement, it means that the developer consents to be bound by this agreement and the relevant rules of the Mi Push technology service.After this agreement comes into effect, it will automatically replace the cooperation agreement that the developer previously clicked to confirm, and the previous agreement will automatically be terminated.
11.2 In view of the rapid development of technologies, markets, business models, etc., the developer agrees that Xiaomi has the right to regularly formulate and modify this agreement and various rules at any time in accordance with the changes in relevant laws and regulations, the development of the technology, and the adjustment of the company’s operating conditions and business strategies.If there are any revisions, Xiaomi will announce it through the developer system, site news, and Mi Push platform help center announcements.Once the revised agreement and rules are announced, they will automatically take effect immediately and become an integral part of these Terms of Service.If the developer does not agree to the above amendments, the developer must immediately stop using the services under this agreement.The developer logging in or continuing to use the Mi Push technology service will indicate that the developer approves and consents to the revised agreement and rules.
11.3 If Xiaomi separately makes new adjustments to a certain service scope and function enhancement in the "Mi Push Technology Service", the newly adjusted regulations will prevail.

12、Force Majeure

12.1 "Force majeure" refers to all incidents that the parties to this agreement cannot control and are unforeseeable, or that inevitably hinder any party's performance of this agreement in whole or in part despite being foreseeable.Such incidents include only natural disasters such as earthquakes, landslides, subsidences, floods, typhoons, astronomical anomalies, as well as fires, explosions, accidents, wars, terrorist events, large-scale epidemics, sabotage, hacking, network crashes, government behaviors or any other similar or different incidents.
12.2 If a force majeure incident occurs so that either party cannot perform their obligations due to the occurrence of such an event, neither party will be liable for the losses of the other party.
12.3 In the event a party encountering an above-mentioned force majeure incident, they will immediately notify the other party of the incident in writing, and will provide within 15 days details of the event and a valid certification document or authoritative media report issued by a government department with the reason for their inability to perform their obligations, or their incomplete performance, or the postponement of performance.According to the extent of the event's impact on the performance of the agreement, both parties will negotiate whether to continue to perform this agreement or terminate it.In the event of a party experiencing a force majeure incident, that party has the responsibility to make all reasonable efforts to eliminate or reduce the impact of said event.
12.4 When a force majeure incident occurs, Party A and Party B will immediately decide how to implement this agreement through friendly negotiation.After the force majeure incident or its impact is ended or eliminated, both parties will immediately resume their respective obligations under this agreement.If the force majeure incident and its impact continue for more than 20 days or cannot be ended or eliminated, and any party to the agreement loses the ability to continue performance, both parties can negotiate the termination of the agreement or temporarily delay its performance, and the party experiencing the force majeure incident does not have to bear responsibility for this.However, if a force majeure incident occurs after the delay in performance, liability cannot be exempted.

13、Agreement Term and Termination

13.1 In the following circumstances, a party has the right to notify the other party in writing to terminate the contract, and the validity of the contract will be terminated from the date the written notification reaches the other party:
(1) Xiaomi notifies the developer of contract termination in writing 30 days in advance;
(2) Any party ceases business, has its business license revoked or cancelled, applies for or is applied for bankruptcy, dissolution, etc.;
(3) Either party is unable to repay its due debts, which affects the performance of the contract;
(4) The financial situation of either party has deteriorated, and the severity has jeopardized the developer's ability to fully perform its obligations under this contract;
(5) Any litigation, arbitration, or criminal or administrative punishment has a significant amount of money involved in the case or has significant adverse consequences for any party regarding its business or property status;
(6) Circumstances where Article 10.2 applies;
(7) Developer violation of Article 3, Article 5, Article 6, Article 7, Article 8, or Article 9 will be deemed a material breach.
13.2 The early termination of this agreement will not affect the rights and obligations of both parties under this agreement before the early termination date.

14、Dispute Resolution and Applicable Law

14.1 Any disputes, controversies, disagreements or claims arising out of or in connection with this agreement, including the existence, validity, interpretation, performance, breach, or termination of the agreement, or any non-contractual disputes arising out of or related to the agreement will be submitted to an institution administered by the HKIAC for arbitration and finally resolved in accordance with the HKIAC Institutional Arbitration Rules in effect at the time the notice of arbitration is submitted.The applicable law of this arbitration clause is the law of Hong Kong, China.The seat of arbitration will be Hong Kong, China.The language of arbitration proceedings will be English.The number of arbitrators is one.
14.2 The conclusion, execution, and interpretation of this agreement and the resolution of disputes will be governed by the laws of Hong Kong, China.

15、Other Provisions

15.1 This agreement is binding on each party's successors and assignees.
15.2 The failure of any party to this agreement to exercise their rights under this agreement in a timely manner will not be regarded as a waiver of that right, nor will it affect the party's future exercise of said right.
15.3 If any provision in this agreement is completely or partially invalid or unenforceable for whatever reason, or violates any applicable law, the clause will be deemed deleted.However, the remaining terms of this agreement will still be valid and binding. 
15.4 Attachments to this agreement have the same legal effect as this agreement.
15.5 This agreement was updated on  1 August, 2022.