目录

Click to download HUAWEI AppGallery Connect Paid Service Agreement.

The HUAWEI AppGallery Connect Paid Service Agreement (hereinafter referred to as "this Agreement") is a supplementary agreement to the Agreement on Use of Huawei APIs signed between you and Huawei, and establishes your rights and obligations when you use the HUAWEI AppGallery Connect Paid Services. The Agreement on Use of Huawei APIs is supplementary and integral to the HUAWEI Developer Service Agreement (hereinafter collectively referred to as "the Original Agreements") that you have concluded with Huawei. By clicking the "I Agree" button (or any other similar button) below this Agreement, or by accessing or using any of the services under this Agreement ("Effective Date"), you shall be deemed to have fully understood and accepted this Agreement.

Any and all unaccomplished matters herein shall be subject to the Original Agreements. In the event of any inconsistency between this Agreement and the Original Agreements, this Agreement shall prevail for HUAWEI AppGallery Connect Paid Services only.

1. Definitions

Unless otherwise specified in this Agreement, terms in this Agreement shall have the same meanings as those in the Original Agreement. The following terms are defined as follows in this Agreement:

1.1 "HUAWEI AppGallery Connect" or "HUAWEI AG Connect" means the platform that hosts HUAWEI AppGallery and provides one-stop services for Products to be displayed and/or distributed through HUAWEI AppGallery. HUAWEI AG Connect provides Developers with various Huawei Services, including but not limited to distribution services (application and content distribution, reservation, internal testing, and first release), operation services (product operation, content operation, activity operation, and user operation), analysis services (distribution analysis, operation analysis, quality analysis, and advanced analysis), development services (business devlopment and growth services), and link distribution services.

1.2 "HUAWEI AppGallery Connect Paid Services" (hereinafter referred to as "AG Connect Paid Services") means the resource-consuming services that Huawei provides to developers when they use the AG Connect. Huawei charges developers based on the number of data entries, storage space, and network usage. Huawei specifies the content and charging methods of AG Connect Paid Services on the AG Connect service pages.

1.3 "Associated Documents" means the documents provided by Huawei for developers to describe the AG Connect Paid Services.

1.4 "Service Fee" means the sum of service fees and taxes that developers need to pay for using AG Connect Paid Services.

1.5 “Paid Service Data” means Data generated when developers use services that need to be paid for, such as the number of API invoking times, package subscription and payment bills.

2. Service Content

2.1 The AG Connect Paid Services under this Agreement include but are not limited to resource-consuming services such as Map Kit Service, Location Kit Service, ML Kit Service, Cloud Database Service, Authentication Service, Cloud Storage Service, and Cloud Functions Service.

2.2 Huawei has the right to specify the types and charging methods of AG Connect Paid Services in the Associated Documents to this Agreement and to update them from time to time. For details, see the AppGallery Connect Pricing.

2.3 Huawei has the right to add applications, tools, features, or functions related to AG Connect Paid Services from time to time.

3. Charging Methods and Payment

This Agreement provides the following two charging methods:

3.1.1 Free quota

Huawei offers a certain quota for you to use specific AG Connect Paid Services in a specified Service Period free of charge. After the free quota is used up in the said Service Period, You can continue to use such Paid Service by selecting “Pay-per-use” Package. Otherwise you can no longer use the specified AG Connect Paid Services free of charge in this Service Period. But the free quota will be automatically restored in the next Service Period.

3.1.2 Pay-per-use

Huawei charges you based on your actual usage of the AG Connect Paid Services. You shall top up your AG Connect Paid Services account in advance. Huawei collects your usage statistics based on the SKU(Stock Keeping Unit)of AG Connect Paid Services and deducts the payment amount for the usage from your AG Connect Paid Service account. If the deduction fails due to an insufficient account balance, Huawei will notify you of topping up your account by email. If you continue to use the Paid Services after your account balance is insufficient, Huawei will deduct the fee after you top up your account. Huawei reserve the right to suspend your use of the service forty-eight (48) hours after the deduction has failed. In addition, Huawei will release the Service resources seven (7) days after your use of the Services is suspended. Huawei will notify you by email or via this website three (3) days prior to the resource release.

3.2 Paid Services Account

3.2.1 To use AG Connect Paid Services, you have to enable AG Connect Paid Services by providing your valid tax-related information for Huawei’s invoicing your purchase of AG Connect Paid Services. After the Services are activated, the Platform will open a Paid Services account (“Paid Services Account”) for you.

i. Top-up Payment Method. You can log in to the Website and the Platform at any time and follow the instructions on the Platforms to top up your Paid Services Account. You may top up your Paid Services Account online and/or office, depending on your Place of Registration. You can choose to use your top-up amount for certain kind of Paid Services or for all Paid Services. After topping up your Paid Services Account, you can purchase Paid Services provided by AG Connect.

ii. Credit Card Payment Method. Huawei offers credit card payment method in certain countries to Partners upon invitation only at Huawei’s sole discretion. An invited Partner may add a valid corporate credit card opened in its name to “Shared Account” under the Paid Services Account and then purchase Paid Services afterwards. Huawei has the right to stop providing Paid Services immediately if identity theft or fraudulent transactions happen to such credit card you added, and you have to compensate for any loss incurred to Huawei. Huawei will debit such credit card one (1) official unit of currency to verify such credit card, and refund the amount after you delete such credit card from your Paid Services Account. Huawei will charge your credit card when your purchase reaches $500USD (or equivalent amount) or every 7 calendar days (whichever is earlier).

iii. Payment Method Priorities. The system will debit from the top-up balance from your Paid Services Account first, and then debit your credit card if the top-up balance is not enough.

3.2.2 You can check your account balance and account details through the Platform after using Paid Services. The Platform will not send you any bills.

3.2.3 You shall comply with any and all applicable foreign exchange control policies and regulations when you are making cross border remittance (if any), and bear any and all handling fees charged by banks.

3.3 Taxation and Invoicing

3.3.1 Any and all settlement amounts under this Agreement are VAT-inclusive. You and Huawei shall respectively bear the taxes levied upon you and Huawei in accordance with applicable tax laws/regulations in the Territory.

All payments hereunder made by you to Huawei shall be made free and clear of, and without deduction or withholding for or on account of any and all taxes, levies, imposts, duties, charges, fees, deductions or withholdings now or hereafter imposed, levied, collected, withheld or assessed by any governmental authorities. If any withholding taxes shall be applicable, you shall bear the withholding taxes and shall be obliged to pay to Huawei such amount as will, after the withholding or deduction has been made, leave Huawei with the same amount as it would have been entitled to receive in the absence of any such requirement to make a withholding or deduct.

3.3.2 You may apply for an invoice on the Platform for your Paid Services or for your top-up of your Paid Services Account after you register or update the information necessary for such invoice issuance. Huawei will issue an invoice for you that contains the amount of your order within after the order completion in accordance Exhibit A. If you do not request an invoice within fifteen (15) days after the order completion, the Platform will automatically trigger an invoicing request and the invoice will be issued with the information that you register on the Platform. If the invoice contains one or more errors due to your outdated information, you shall assume any and all losses incurred therefrom. Please refer to Exhibit A for invoice types and relevant information that you need to provide to Huawei.

3.3.3 In case the rate of any Tax is increased, decreased, or the Tax is abolished, or a new Tax comes in to force, or if there is any change to interpretation or application of such Tax during the Term of this Agreement, an equitable adjustment shall be made to address such change in order to protect both you and Huawei from any detrimental financial impact and such adjustment (if any) shall be agreed by the Parties.

3.4 Refunds

3.4.1 The Paid Services are non-refundable.

3.4.2 To get refund of the balance in your Paid Services Account:

i. You shall file a refund application to Huawei for the payment that you have made and the balance in your Paid Service Account. The refund process will be initiated after your application passes Huawei's review.

ii. You shall comply with any and all applicable foreign exchange control policies and requirements of the country where you are located during an international refunding process, and you shall assume any and all reasonable costs incurred during such refunding, including but not limited to handling fees charged by banks for international remittance, exchange loss, and Huawei's taxes and fees.

In terms of changes to the Service Fee, Huawei reserves the right to update the Service Fee of AGC Paid Services from time to time. If any change is made to the Service Fee, developers will be notified by email or via this website at least thirty (30) days in advance.

4. Termination

4.1 If you or Huawei terminates the Original Agreement, this Agreement shall be deemed as terminated on the same day.

4.2 You may terminate this Agreement if you notify Huawei in written at least thirty (30) days in advance and Huawei provides written consent regarding said termination.

4.3 If Huawei decides to cease the provision of the AG Connect Paid Services or change such services, or has no intention to enter into any agreement on AGC Paid Services with you, it has the right to terminate this Agreement at any time upon giving you a notice at least thirty (30) days in advance.

5. Amendment

Any and all amendments to this Agreement shall be subject to Clause "Notices and Updates" of the HUAWEI Developer Service Agreement.

6. Contracting Entity

The Parties hereby acknowledge and agree that, for and only for the AG Connect Paid Services, the content of Clause 9 (Contracting Entity) of the Agreement on Use of Huawei APIs shall be replaced with following content:

“When you are using the AG Connect Paid Service provided to you under this Agreement, Huawei contracting entity will be depended on the official legal registration place of you.”

Please refer to the Exhibit A for details.

7. Governing Law and Dispute Resolution

The governing law and dispute resolution under this Agreement shall be subject to Clause "Governing Law and Dispute Resolution" of the HUAWEI Developer Service Agreement.


 

Exhibit A

1. Huawei will issue valid invoices to you.

1.1. If your Place of Registration is Mainland China, Huawei will issue Chinese VAT invoices to you. If you are an ordinary taxpayer, Huawei will issue a special VAT invoice for you. If you are a small-scale taxpayer or an individual, Huawei will issue an ordinary VAT invoice for you.

You must provide Huawei with the following information:

1) The latest company business license (including the taxpayer identification number or organization code certificate No.; if this information is unavailable on the license, it must be provided separately).

2) Account-opening certificate.

3) Electronic certificate of tax registration (unnecessary if your company business license, organization code certificate, and tax registration certificate are combined into one).

4) Copy of the legal person's ID card (the above legal documents must be of the same legal person).

5) Invoice information, point of contact, contact number, and email address.

1.2 if your place of Registration is outside Mainland China, Huawei will issue valid invoices to you.

2. Huawei Contracting entity is listed below.

Place of Registration

Signing Huawei Entity

A.  

Mainland  China

Huawei  Software Technologies Co., Ltd.

B.  

Territory  list in Part II, Appendix A of HUAWEI  Developer Service Agreement

Aspiegel  Limited

C.  

Territory  list in Part III, Appendix A of HUAWEI  Developer Service Agreement

Huawei  Services (Hong Kong) Co., Limited