Welcome to Xiaomi!
These terms and conditions (the “End User License Agreement” and/or the “Agreement” and/or “EULA”) govern data and voice access to, and use of, our MiWiFi App to be found in Android MiWiFi 4.1.5 and in iOS MiWiFi 5.1.5 (the “Software”) owned by Xiaomi Inc., its subsidiaries and affiliates (the “Xiaomi” or “we”), and our operational partners (the “Cooperators”), and which You have purchased in order to access your own Internet connection and/or Wi-Fi services.
This EULA is available and can be downloaded at:
http://www1.miwifi.com/app/eula/20191230.html
-App Store - www.apple.com
-Google Play Store – https://play.google.com/store
Also when You purchase a Mi Router Model R4CM or Model R4AC, the MiWiFi APP EULA will be:
o At the Instructions Booklet that accompanies the Mi Router and which You will find inside the packaging box.
o Easily accessible by using the QR code on the Mi Router package.
Use of the Software confers user status as user and constitutes acceptance of and compliance with the EULA (hereinafter, “You” or the “User” and/or the “Users”), as well as any other terms of use that may apply to or during use of the Software. Please read this Agreement carefully to access and use the Software and choose whether to accept this Agreement or not. You must be of legal age, if You are a minor You must read this Agreement accompanied by your legal guardian. By using our Software and accepting our Agreement You acknowledge that You have read, understood and accepted the terms and conditions of this Agreement and are bound by them.
By accepting this Agreement You agree to all restrictions. Xiaomi Technology Netherlands B.V. is a limited company duly registered and established in accordance with the provisions of Dutch law, with RSIN (company ID) number 859298899
For the purposes of communications and notifications, the following contact address is established:
Contact us at:
Address: Strawinskylaan 4117, Room 04-106, 1077ZX Amsterdam. The Netherlands.
2.1 User Rights
You have the right to use the Software according to the terms and conditions of this EULA in order to access and connect via Wi-Fi to your internet services and devices.
Always subject to the correct use of this EULA by the User, Xiaomi grants the User a personal, non-transferable and non-exclusive license to use the Software without the right to sublicense. The User can install, use, display and run the Software exclusively in your Smartphone, Android or iOS indistinctively .
For the avoidance of any doubt, the Software is licensed to You under the terms of this EULA, not sold. You are not granted any rights in Xiaomi´s or Cooperator´s copyrights, trademarks or service marks. Xiaomi retains all and any rights not expressly granted to You in this Agreement.
This Software cannot be installed on other terminal devices that are not expressly permitted by Xiaomi, including but not limited to set-top boxes, game consoles, televisions, DVD players and similar terminals.
Should User fail to abide this Agreement, Xiaomi shall put an end to this license on the Software hereby granted to User and deactivate your account.
2.2 Software Acquisition, Installation and Upgrading
The User shall download and install the Software from the website [www.apple.com or https://play.google.com/store] or in the manner designated by Xiaomi. Be aware not to download the Software on unspecified websites, in order to prevent your devices from getting infected by malicious programs that can destroy your data and access your personal data and privacy information. If You acquire the Software or the installation program from a third party that has not been authorized by Xiaomi, Xiaomi cannot guarantee it will be used normally and Xiaomi accepts no liability for any loss thereby caused to You.
The User must select the Software version that matches the terminal device Mi Router purchased. Otherwise, any software problems, device problems or damages resulting from mismatch between the Software version and the Smartphone model shall be solely borne by the User.
In order to improve User experience and optimize service, Xiaomi reserves the right to provide and replace a modified and upgraded version of the Software, and also reserves the right to charge a fee for such replacement, modification or upgrading You will be informed previously and Xiaomi will obtain your consent in advance for such charges. The Software will enable “upgrade prompt” feature by default for the User. Depending on the Software version used by the User, Xiaomi provides the User with the discretion to or not to enable the said feature. After the new version of the Software is released, Xiaomi does not guarantee that older versions of the Software will continue to be usable.
2.3 Other Conditions of Use
Users undertake not to carry outillegal orillicit activities or activities contrary to good faith or public order. Likewise, they shall not engage in any conduct that may damage the image and rights of Xiaomi or its Cooperators, or that may prevent normal use of the Smartphone the Software or the services of third parties accessed through it.
Our Software must be used in conjunction with third party services, including, but not limited to, the application market and the telecommunications market. You will be charged the related telecommunication service fees or the fees of some other service provider. We strongly encourage You to contact your service providers for more information about the rates related to their services or any other information.
The use of our Software may be required to set up an account and a password for that account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You also agree that any information You provide in setting up an account is truthful and accurate.
Xiaomi will not be liable for any loss that You may incur as a result of someone else using your password or account, either with or without your knowledge. However You could be held liable for losses incurred by Xiaomi or another party due to someone else using your account or password as a result of your failure to keep your password information secure and confidential. You may not use anyone else’s account at any time without the permission of the account holder. Xiaomi will not be liable for any loss or damage arising from your failure to comply with these obligations.
Xiaomi aims at providing highly reliable and available Wi-Fi services, however, the Mi Router and the Software, including remote access and mobile notifications, are not intended or guaranteed to be reliable or available 100% of the time. In addition, the router connection may be subject to sporadic interruptions and failures for reasons beyond Xiaomi’s control, including but not limited to Wi-Fi intermittency, service provider uptime, mobile notifications and carriers. We cannot and do not guarantee that You will receive notifications or have access to the internet in any given time or at all.
You acknowledge that the Software are not certified for emergency response or intended or suitable for use in situations or environments where failure, delay or errors or inaccuracies in the data or information provided could lead to death, personal injury or severe physical or environmental damage, including without limitation in connection with the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems.
YOUAGREE THAT YOU WILL NOT RELY ON THE SOFTWARE FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. ANY MOBILE NOTIFICATIONS REGARDING THE STATUS AND ALARMS ON YOUR XIAOMI PRODUCTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
Xiaomi may invite You, or You may choose voluntarily, to submit comments, suggestions, or ideas about the Software including how to improve them (“Feedback”). By submitting Feedback, You agree that your submissions are voluntary, gratuitous, unsolicited, non-confidential and without restriction and will not place Xiaomi under any fiduciary or other obligation. Xiaomi may freely use, copy, modify, publish, redistribute, or create derivative works from or based on the Feedback for any purpose and in any manner without any compensation or acknowledgement to You. You also agree that Xiaomi does not waive any rights to use similar or related ideas previously known to Xiaomi developed by its employees, or obtained from other sources.
2.4 System Requirements.
The Software may not be access internet services without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the applicable device; (ii) mobile clients such as a supported phone or tablet (required for some functionality); (iv) always-on broadband Internet access in your home; and (v) other system elements that may be specified by Xiaomi It is your responsibility to ensure that You have all required system elements and that they are compatible and properly configured. You accept that the Software may not work as described if the requirements and compatibility have not been met.
2.5 Limitation of User Rights
User Rights are limited as follows:
You shall not:
- Copy, alter or modify any data of the Software, or any data released to the Smartphone during the running of the Software and the interactive data generated between the User and the server during the running of the Software, or run the Software with plug-ins, or create any derivative work in any form, including but not limited to plug-ins, access to the Software and related systems through third-party tools/services.
- Copy the Software configuration except for a reasonable number of machine-readable copies of the Software for backup or archival purposes only, and except as expressly permitted in this Agreement.
- Remove any titles, trademarks, service marks or trade names, copyright notices, legends, watermarks, or other proprietary markings on the Software;
- Sell, lease, license, sublicense, rent, assign, distribute or otherwise transfer in whole or in part the Software, the license or Your use rights in the Software to another party, including rights on a membership, subscription or hosted basis;
- Modify or create derivative works based upon the Software;
- Decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part;
- Unbundle, break apart or repackage the Software or any of its component parts for any reason whatsoever;
- Bundle or distribute the Software in any manner whatsoever;
- Provide use of the Software in a third-party outsourcing facility on a service, service bureau arrangement, or time-sharing basis;
- At any time provide an evaluation license to the Software to any other person or entity, or otherwise permit any other person or entity to evaluate the Software;
- Make any changes, modifications or alterations to the Agreement that is distributed by Xiaomi and/or Cooperators with the Software; or
- Make any statements, warranties or representations concerning the Software or Sample Code that exceed or are inconsistent with the documentation provided by Xiaomi to You.
3. THIRD-PARTY SERVICES
You understand and agree that our services and the operation of the Software are based on technical support from third parties such as Android, or Google among others. You agree and consent that our Cooperators may require You to obtain some of your personal data from such third parties in the course of receiving technical or other support from them.
Through the Software You can access other third-party online services that are owned by third parties.
These services offered by third parties do not fall within the scope of this EULA or our Privacy Policy. Third party services offered by third parties are governed by their respective Terms of Use and/or Privacy Policies for which Xiaomi is not responsible in any way.
THE SERVICES OF XIAOMI AND ITS COOPERATORS ARE PROVIDED “WITHOUT ENGAGEMENT” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, XIAOMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE WARRANTIES IMPLIED BY OPERATION OF LAW. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON MI ROUTER OR ON THE SOFTWARE OR COOPERATORS WILL NOT BE INTERRUPTIONS OR ERROR-FREE, OR THAT THE DEFECTS WILL BE CORRECTED OR THAT ANY OF THE SERVERS IN WHICH THEY ARE HOSTED ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENTS OF XIAOMI’S SERVICES AND/OR ITS PARTNERS AS TO THEIR CORRECTNESS, ACCURACY, RELIABILITY OR ANY OTHER ASPECT. YOU ASSUME THE FULL COSTS OF ALL NECESSARY SERVICES, REPAIRS OR CORRECTIONS.
Xiaomi and its Cooperators will exercise due diligence in providing the Software and keeping them as error-free as possible. Xiaomi accepts no liability whatsoever for losses not limited solely to our breach of the EULA. Nor shall Xiaomi be liable for any conduct or facts that are not reasonably controllable by us.
Xiaomi does not guarantee continued access, correct viewing, downloading or use of the elements and information contained on the Software and website wherein the Software shall be accessible, that may be prevented, hindered or interrupted by factors or circumstances beyond its control.
Xiaomi shall not take any legal responsibility and shall not be liable for any damages, losses, claims or expenses arising from: in the circumstances indicated below:
- Xiaomi does not guarantee continued access, correct viewing, downloading or usefulness of the elements and information contained on the Website that may be prevented, hindered or interrupted by factors or circumstances beyond its control.
- Any circumstance caused by suspension, breakdown, etc. resulting from computer piracy, virus invasion, or any other cause related to the management of network security, techniques, lines of communication and information;
- Losses suffered by Users through the fault of third-parties, such as breakdowns in the communication line, technical problems, breakdowns in the network and in the computer, and other cases of force majeure;
- Security or navigation errors caused by a malfunction of the browser or the use of outdated versions of it.
-illegitimate interference due to the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other;
- Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond Xiaomi’s control.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XIAOMI ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR:
1.ANY LOSS OR DAMAGE TO YOUR HOME, HVAC SYSTEM, ELECTRICAL SYSTEM, PLUMBING, YOUR PRODUCT AND PERIPHERALS (WHETHER OR NOT CONNECTED TO A XIAOMI PRODUCT), COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME; AND
2.ANY LOSSES WHICH (I) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (II) WERE KNOWN TO YOU BUT NOT TO US; AND/OR (III) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, MALWARE OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA. (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR LOSS OF DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER,
REGARDLESS OF THE THEORY OF LIABLITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE MISUSE OF OR INABILITY TO USE THE SITE OR THE SERVICES, EVEN IF XIAOMI OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OFXIAOMI, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO YOU FOR ALL DAMAGES EXCEED FIFTY EUROS (50€). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION SHALL LIMIT THE LIABILITY OF XIAOMI IN RELATION TO DEATH OR BODILY INJURIES.
All information provided by You will be governed by the terms of the Privacy Policy. The terms of the Privacy Policy form part of this Agreement and shall be binding at all times.
The Privacy Policy can be found at [ http://www1.miwifi.com/app/privacy/new_20190722.html ].
It is important for Xiaomi to protect your personal data. In order to provide the Software features and improve User experience, the Software will collect certain types of data as written in our Privacy Policy, We collect, use and protect your data in accordance with our Privacy Policy. The Privacy Policy is available on the following website.
For any further information on our Privacy Policy, please do contact us at: privacy@xiaomi.com .
The Software and any copies thereof are the exclusive intellectual property of Xiaomi and are therefore protected by copyright laws and international treaties as well as other intellectual property laws and treaties.
The structure, organization and code of the Software are confidential information and are valuable trade secrets of Xiaomi. You agree that any disclosure by You of Xiaomi´s confidential information will cause immediate, irreparable harm to Xiaomi and its Cooperators for which equitable remedies, as well as any other available legal remedies, may be awarded by a court of competent jurisdiction. Except as expressly stated herein, Xiaomi does not grant You any intellectual property rights in or to the Software. All rights not expressly granted herein are reserved by Xiaomi.
You hereby agree to maintain the confidentiality of the Software, EULA and other intellectual property of Xiaomi using at least as great a degree of care as You use to maintain the confidentiality of Your own most confidential information and in no case less than reasonably prudent care. You agree to reasonably communicate the terms and conditions of this EULA to those persons employed by You who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Software, and other intellectual property of Xiaomi for the purpose of deriving the source code of the Software or copying, defeating or otherwise circumventing codes and use authorizations or licenses.
The User shall not infringe the intellectual property of Xiaomi, Cooperators or third parties related to the Software. You may not upload, publish, change, disseminate or reproduce works whose intellectual or industrial property belongs to third parties without permission, or information or data owned by third parties, without the written consent of the owner.
Graphics, words and composition involving MIUI and other Xiaomi logos appearing on Xiaomi products and services are registered trademarks of Xiaomi. You may not display or otherwise use them.
In no event does the use of the Software or the Cooperators imply any waiver, transfer, license or assignment of all or part of such rights, unless expressly stated otherwise.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in the Software and accessible through it, are protected as copyrights or as any other rights by legislation, including but not limited to the rules on intellectual or industrial property.
Xiaomi or its Cooperators is the owner or licensee of the elements that make up the Software graphic design, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other part of the software or, in any case, has the corresponding authorization for the use of such elements.
The Software may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or in any medium other than hereby expressly granted, unless prior written permission is obtained from Xiaomi or its Cooperators.
You may not remove, circumvent, or tamper with any materials or items appearing on Software and whose rights belong to Xiaomi, or any technical protection devices or DRM.
Xiaomi reserves the right to take legal action in defense of its intellectual and industrial property rights or any other rights.
You retain ownership of any intellectual property rights that You hold in any content You submit by using Mi Router and Software.
When You upload or otherwise submit content by using our Software You give Xiaomi and those we work with, a worldwide license to use, host, store, reproduce, modify, communicate and make available, or distribute such content. The rights You grant in this license are for the limited purpose of operating and improving our services, and to develop new ones. This license continues even if You stop using our Software. Do ensure You have the necessary rights to grant us this license for any content that You submit using our Mi Router and Software. If You would like access to Your content, or to change or delete your content, please contact us.
Xiaomi may terminate this EULA immediately and without notice if You fail to comply with any term of this EULA.
8.1 Effect of Termination. In the event of termination You must destroy all copies of the Software and according to the recycling local legislation in force.
In addition, You must remove the Software and all copies thereof, including all backup copies, from the server and all computers and other media on which it is installed, stored or archived. If requested by Xiaomi You shall provide Xiaomi with written certification that You have complied with these requirements.
The interpretation of the terms of this EULA, the effectiveness and dispute resolution, are applicable to the laws of the User´s place of residence. In the event of a dispute or controversy between You and Xiaomi, we will first attempt to resolve it through friendly consultation. If the consultation does not end in agreement, You agree to submit the dispute to the courts of the User´s place of residence.
If any provision of this Agreement cannot be applied for any reason, they shall remain inapplicable without preventing the other provisions of this Agreement from remaining applicable.
This Agreement (including the Privacy Policy) constitutes the sole instrument governing the relationship between You and Xiaomi with respect to any matter relating to your use of the Software.
The title of each paragraph is written for ease of reading only and has no legal or contractual obligations.
Revised December 2019