HUAWEI Video Editor Kit Service Agreement

Click to download HUAWEI Video Editor Kit Service Agreement.

The following terms (hereinafter referred to as this "Agreement") constitute a legally binding agreement between you and Huawei regarding Video Editor Kit. It is a supplementary agreement to the Agreement on Use of Huawei APIs, which is itself supplementary to the HUAWEI Developers Service Agreement. This Agreement stipulates your legal rights and obligations when using Video Editor Kit. By checking the box next to "I have read and agree" (or any other similar button) below this Agreement, or by using Video Editor Kit under this Agreement, it shall be deemed that you have fully understood and accepted the terms of this Agreement, the HUAWEI Developers Service Agreement, and the Agreement on Use of Huawei APIs as of the date of your such acceptance and use ("Effective Date").

Any and all unaccomplished matters herein shall be subject to the HUAWEI Developers Service Agreement and Agreement on Use of Huawei APIs. If you do not agree to this Agreement, the Agreement on Use of Huawei APIs, or the HUAWEI Developers Service Agreement, you shall stop using the services under this Agreement.

1. Definitions

Unless otherwise specified in this Agreement, the terms in this Agreement shall have the same meanings as those in the HUAWEI Developers Service Agreement and Agreement on Use of Huawei APIs. Unless otherwise stated, the following terms are defined herein as below:

1.1 Video Editor Kit (hereinafter referred to as this "Service") means the video import, video editing, video export, media resource management, and other capabilities provided by Huawei. This kit allows developers to integrate video editing capabilities into their apps and upload and manage materials in the apps.

1.2 Your Materials means any and all the materials that you upload to the Video Editor Kit pages of AppGallery Connect, including but not limited to images, videos, stickers, templates, and text.

1.3 Public Materials means the materials preset in the kit's SDK and provided by Huawei for developers who have integrated Video Editor Kit into their apps. Such materials include, but are not limited to, stickers, special effects, filters, templates, and text. For the avoidance of doubt, Public Materials fall under the scope of "Huawei Content" defined in the HUAWEI Developers Service Agreement.

2. Rights and Obligations

2.1 Your rights and obligations

(1) You may integrate video editing capabilities into your apps by using this Service. You may only use this Service in your apps. Huawei has assigned an app ID, app secret, and API key to each of your apps in order to identify them. You shall keep such items secure. Without Huawei's prior written consent, you shall neither share your app ID, app secret, and/or API key with any third party (including its Affiliates) nor sublicense any third party (including its Affiliates) to use this Service.

(2) You warrant that Your Materials uploaded are original or legally licensed, and that their content does not infringe upon any third party's legitimate rights and interests (including but not limited to intellectual property rights, portrait rights, and reputation rights) and does not violate any applicable laws, regulations, or local policies. If Your Materials are suspected of infringement or of violation of laws, regulations, or Huawei Agreements, Huawei has the right to remove the materials in question from AppGallery Connect and you are obligated to cooperate with Huawei in relevant investigations. If a third party makes a claim for indemnification due to infringement, you shall bear responsibility for all related liabilities and indemnities. If Huawei suffers losses because of a third party directly claiming liability against Huawei through litigation, administrative law enforcement, or other legal means, Huawei has the right to seek indemnification from you.

(3) You undertake and agree that the intellectual property rights of Public Materials obtained from this Service belong to Huawei and may only be used in the apps that have integrated this Service. Without Huawei's prior written consent, you shall not use the Public Materials in your other apps, or sell the Public Materials to or share them with any third party (including its Affiliates) for use or illegal purposes.

(4) You undertake and agree that you will not use this Service for any illegal, immoral, obscene, pornographic, offensive, defamatory, or any other improper purposes.

(5) This Service is not available in all countries/regions and its availability in any particular location is not guaranteed. You shall define the scope of use of this Service independently and accept responsibility for complying with any and all applicable laws, including but not limited to any local laws, in particular laws for protecting End User data. You are responsible for acquiring any and all necessary qualifications and obtaining consent from users as required by local laws.

2.2 Huawei's rights and obligations

(1) To improve Huawei's products and services, Huawei has the right to monitor the use of APIs to ensure quality and verify a Developer's compliance with the relevant terms.

(2) Huawei reserves the right to delete or restrict your right to use this Service.

(3) Huawei reserves the right to update the APIs and SDK of this Service at its own discretion. We comply with the software design principle of ensuring compatibility whenever possible. However, in special circumstances, you may need to modify or upgrade your app to use the updated APIs and SDK. The cost of such modifications or upgrades shall be borne by you.

(4) If Huawei has reasonable grounds to believe that your use of this Service violates any relevant laws and/or regulations or any terms of this Service, Huawei has the right to terminate your use of this Service.

(5) Huawei has the right to modify, delete, and remove, among others, the Public Materials whenever necessary.

(6) Huawei has the right to develop any products or services that compete with your products or services.

(7) Huawei may collect the diagnosis information about your use of this Service to help improve this Service.

(8) If this Service has to be suspended for system maintenance or for API, SDK, or website updates, Huawei will do its best to notify you of such suspension on its website as early as possible. Huawei does not promise to provide this Service without interruption or delay. Huawei shall not bear liability for any losses you incur therefrom.

3. Privacy

3.1 When providing this Service for you, Huawei acts as your data processor to process the Personal Data of End Users in accordance with the AppGallery Connect Data Processing Addendum (which is an integral part of this Agreement and the HUAWEI Developers Service Agreement).

3.2 End User Data Privacy Requirements

In order to protect the privacy of data uploaded by End Users, and in accordance with Clause 6 "Privacy Protection" of the Agreement on Use of Huawei APIs, you must ensure that your apps (i) notify End Users in advance of the types of data you collect from End Users or End Users' devices and (ii) do not obtain or cache any data of End Users unless they have obtained explicit and revocable consent from End Users.

4. Termination of This Agreement

4.1 If either Party terminates the HUAWEI Developers Service Agreement or Agreement on Use of Huawei APIs, this Agreement shall automatically terminate on the same day.

4.2 You may terminate this Agreement by disabling this Service for all your apps.

4.3 If Huawei decides to discontinue this Service or make major changes to it, Huawei has the right to terminate this Agreement after informing you in advance.

4.4 The termination of this Agreement does not entail the automatic termination of the HUAWEI Developers Service Agreement and Agreement on Use of Huawei APIs signed by and between you and Huawei.

5. Distribution Area and Signing HUAWEI Entity

You acknowledge and agree that the provisions regarding the distribution area and the signing Huawei entity under this Agreement shall be subject to the "Contracting Entity" clause in the Agreement on Use of Huawei APIs.

6. Governing Law and Dispute Resolution

You acknowledge and agree that the provisions regarding the governing law and dispute resolution under this Agreement shall be subject to the "Governing Law and Dispute Resolution" clause in the HUAWEI Developers Service Agreement.