vivo Account End-User License and Service Agreement

This vivo Account End-User License and Service Agreement (hereinafter referred to as this “Agreement”) is the agreement between you and vivo with respect to the service of vivo Account (hereinafter referred to as the “App”) and related technology and functions (hereinafter collectively referred to as the “Service”). Please carefully read and fully understand all terms and conditions of this Agreement, especially those regarding the exemption or limitation of vivo’s liability, limitation of user rights, dispute settlement and applicable laws, as well as content that is marked in bold format. Your using of the Service, in whole or in part, shall be deemed as your acceptance of all these terms of the Agreement, and shall be deemed as you have entered into a binding contract with vivo. If you do not agree to this Agreement, you will not be able to use the Service.
"We" or "vivo" referred to herein shall mean vivo Mobile Communication Co., Ltd. located at No.1, vivo Road, Chang’an, Dongguan, Guangdong Province, China, with the Uniform Social Credit Code being 91441900557262083U registered by Market Supervision Administration of Dongguan Municipality.

1. Capacity for Civil Conduct

  • 1.1 You represent and warrant that you have the full capacity for civil conduct in accordance with the laws of your region when you use the Service or agree to this Agreement.
  • 1.2 You shall not use the Service or accept this Agreement without the consent or confirmation by your parent or guardian in the case that you are a minor or you do not have the full capacity for civil conduct in accordance with the law of your region.
  • 1.3 You using of the Service or acceptance of this Agreement shall be deemed that you have met the provision in the first paragraph of this section or you have obtained the consent from your parent or guardian.

2. The Service

  • 2.1 vivo Account is used for providing better service to users. You may use vivo Cloud, iTheme and other products and services provided by vivo through vivo Account. If your vivo Account is used to access any other products or services of vivo or of any third party, you will also comply with the respective rules and policies of such products or services.
  • 2.2 The information you provide to vivo shall be complete, accurate and up to date, and you will update such information in a timely manner in the case of any variation, change or adjustment.
  • 2.3 Upon signing up as a vivo Account user, you are hereby granted a non-exclusive, non-transferable, non-sublicensable and limited licence to use the Service as permitted by the feature of the same. vivo reserves all rights and licenses not expressly granted to you. You may need to enter into separate agreements for using some of the functions, products or services within the Service, and you hereby agree to follow such agreements in using these functions, products or services.
  • 2.4 You will acquire a vivo Account once you have successfully signed up. You need to take reasonable protection of your vivo Account as well as the password thereof. We suggest you to use complex passwords consisting of letters of both upper and lower cases, numbers and symbols to obtain better protection. You will promptly inform vivo of any illegal use of your vivo Account or any security problems related thereto that you have found. You are not allowed to sell, transfer, lend or authorize others to sell, transfer, lend or use your Account and shall not disclose your password to others. You will be fully responsible for any act or result due to your use of your Account, including in the case of the sale, transfer, lending and authorization of the sale, transfer, lending and use of your Account and disclosure of your password.
  • 2.5 Notices
    We may send you notices via client push messages, telephone, our website, email, SMS, registered mail, express courier or otherwise, whichever available, which shall be deemed as part of this Agreement (unless otherwise stipulated by applicable laws). In the case of delivery via website, email, SMS or other similar method, the notice will be deemed effective upon posting; and in the case of delivery via registered mail, express courier, or other similar method, the notice shall be deemed effective seven (7) calendar days upon posting.
  • 2.6 Third-party Service
    If you choose to use a third-party service through the Service, you acknowledge and agree that the use of any third-party services shall be subject to the applicable license agreement, privacy policy, and/or other agreements of the corresponding third party. Your use of such third-party services is at your own risk. To the maximum extent permitted by applicable law, vivo is not responsible for any third-party services and shall have no liability for your use of third-party services.
  • 2.7 Others
    • 2.7.1 The specific functions of the Service supported are subject to the software version you are using.
    • 2.7.2 You understand and agree: in order to provide you with effective services, this Service may take advantage of your terminal processors, broadband and other resources. For the cost of data flow that may arise during the use of this Service, you need to know the relevant fee from the operator and bear the related expenses on your own.
    • 2.7.3 In order to improve the user experience and service contents, vivo will make efforts to develop new services and provide update service from time to time (these updates may adopt one or more forms, such as replacement, modification, strengthen function, version upgrade, content adjustment and so on). In order to ensure the consistency of safety and function of the service, vivo has the right to update or adjust the service without giving you special notices, or to change or limit all or part of the function of the service.

3. License and Proprietary Rights

  • 3.1 vivo hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to use the Service.
  • 3.2 You agree that the licenses vivo grants to you hereby shall not be deemed or construed to mean any sale and/ or transfer of any content, product, or service, in whole or in part, to you by vivo.
  • 3.3 vivo does not expressly or implicitly grant to you any right or interest of copyright, trademark, patent, or any other intellectual property or proprietary right, save for the limited license to the Service expressly granted to you in section 3.1 of this Agreement.
  • 3.4 You shall not make any commercial use of, modify, disassemble, decompile, or reverse engineer any related contents of the Service.
  • 3.5 You acknowledge and agree that all software and contents related to the Service, including but not limited to structures, source codes, and related documents of software, are properties of vivo, vivo’s affiliates or their suppliers, contain valuable trade secret and/or intellectual property, and shall be regarded as confidential information of vivo, vivo’s affiliates, or their suppliers.
  • 3.6 You agree to use the Service only in a manner consistent with all applicable laws, including, but not limited to, in accordance with the relevant copyright and other intellectual property rights regulations and/or export control regulations.

4. Users’ Behaviors

  • 4.1 You hereby covenant that, in your use of the Service, you will abide by all the applicable laws and regulations, and will not use this service to conduct any illegal or infringing act, including but not limited to:
    • 4.1.1 Hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing:
      • 4.1.1.1 any illegal, defamatory, insulting, discriminatory, provocative, terroristic, aggressive, violent, hateful, obscene, pornographic, racially or ethnically objectionable, insulting or harassing on the basis of gender, threatens national security, integrity, or sovereignty or public order, or other offensive content in any form;
      • 4.1.1.2 any content that is pedophilic, or is harmful to child;
      • 4.1.1.3 any content containing software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
    • 4.1.2 Fraud, money laundering, illegal transactions, gambling and so forth, or otherwise inconsistent with or contrary to the laws in force;
    • 4.1.3 Infringing of right to name (such as, impersonating another person), reputation, personal information, privacy, and trade secret, copyright, patent right, trademark, and other proprietary rights of others;
    • 4.1.4 Intentionally communicates false or misleading information with the intent to violate the law and/or infringe others’ rights and interests;
    • 4.1.5 Any other act that violates applicable laws and regulations, infringes rights of others and/or harm minors in any way;
  • 4.2 If you are in violation of the preceding paragraph, vivo will have the right to unilaterally terminate the Service, remove infringing/illegal contents, and take necessary legal measures.

5. Personal Information Protection

  • We attach importance to your privacy and personal information so that our collection and processing of your information will in accordance with our “privacy policy”. Before you use the Service, please read the Privacy Terms for vivo Account in detail, you can also check the details of the Privacy Terms for vivo Account through [Settings - vivo ID].

6. Account Cancellation

  • 6.1 When you need to terminate the use of the vivo account service, you can apply to cancel your vivo account. You can only apply for cancellation of your own account, and follow the procedure of vivo to cancel.
  • 6.2 Conditions for account cancellation
    • 6.2.1 When applying for cancellation of your vivo account, the account to be cancelled does not have one of the following circumstances:
      • 6.2.1.1 Arrears, fees to be paid, and available prepayment balance;
      • 6.2.1.2 Unfulfilled contracts, orders in effect, etc.;
      • 6.2.1.3 is in a frozen state;
      • 6.2.1.4 Any other business under application (including but not limited to applying for new order, applying for unsubscription /withdrawal, etc.).
    • 6.2.2 The vivo account to be cancelled has not violated any legal provisions or the agreement with vivo as of the date of application for cancellation, or has reached an agreement with vivo on related matters.
  • 6.3 Process of account cancellation
    • 6.3.1 Users who meet the requirements for account cancellation can submit an account cancellation application by logging in to the client or PC.
    • 6.3.2 vivo will automatically start the process of checking the account for cancellation conditions. For applications that meet the conditions for the cancellation of the vivo account, vivo will notify you by email, SMS or other reasonable means after the cancellation is successfully conducted. For those who do not meet the conditions for the cancellation of the vivo account, vivo will notify you of the failed inspection items by email, SMS or other reasonable methods, and the account cancellation procedure will be automatically terminated and will not be automatically restored. If you want to continue to cancel, you should file a new account cancellation application.
    • 6.3.3 During the period from the account check to the completion of cancellation, if vivo finds that your vivo account has been complained by others, investigated by state agencies, or is in litigation or arbitration proceedings, or does not meet other conditions for account cancellation, vivo has the right to terminate you on its own The account logout process without your consent.
  • 6.4 Legal consequences of account cancellation
    • 6.4.1 After the cancellation is completed, all contractual relations will be terminated immediately, which will cause you not limited to the following consequences:
      • 6.4.1.1 You will not be able to log in to the vivo Official Website Mall, vivo Wallet, iTheme, Cloud Service with this account again;
      • 6.4.1.2 You will not be able to perform other operations that rely on account permissions;
      • 6.4.1.3 You will not be able to retrieve the personal information, historical information, etc. under the account;
      • 6.4.1.4 The service is stopped.
    • 6.4.2 The account cancellation does not mean that all account behaviors and related responsibilities before the account cancellation are exempted or mitigated.
    • 6.4.3 As of the date of account cancellation, vivo has provided services in accordance with the contract between the parties and the effective order, and there is no breach of contract.
    • 6.4.4 vivo will clear all data in the account within 30 days after the application for cancellation. The deleted data cannot be recovered, and vivo cannot continue to collect, store and use your personal information and other data, except that the applicable laws and regulations or the industry best practices require otherwise.
    • 6.4.5 Once the account is cancelled, it cannot be retrieved. Please back up all the business information and data under the account before proceeding with caution. After the account is cancelled, vivo will take back your vivo account and clean up the data. vivo will not be held responsible for any loss of data or information due to this.

7. Disclaimer

  • 7.1 The Service is for your personal use only and you shall not provide it to any third party. You understand and agree that you shall be solely responsible for the results of your use (that is illegal or in violation of this Agreement) of the services, performance or functions provided by vivo. You agree to take all risks of your using of the Service.
  • 7.2 Notwithstanding anything to the contrary, the Service, and all information, products, software, programs, and contents related to the Service, including but not limited to the app, are provided on an "AS-IS" basis, without guarantees and warranties of any form or kind. vivo disclaims all representation or warranties, whether explicit, implied, statutory and otherwise, including but not limited to representations and warranties of security, stability, accuracy, merchantability, fitness for a particular purpose and non-infringement of ownership and intellectual property to the maximum extent permitted by law.
  • 7.3 vivo hereby disclaims, and you hereby irrevocably, perpetually, and unconditionally discharge and release vivo, its affiliates, and employees, directors, and officers of vivo or its affiliates from all responsibilities for any indirect, incidental, special, or other damage or loss you have suffered arising out of or related to the Service or related contents, to the maximum extent permitted by law.
  • 7.4 vivo shall not be liable for failure to provide the Service or fulfill the obligations in this Agreement that is on account of:
    • 7.4.1 Force majeure, including but not limited to earthquake, flood, storm, tsunami, epidemic, war, terrorist attack, riot, strike, and governmental order;
    • 7.4.2 Repair, update of software, or upgrade of hardware operated by us or by a third party at our instance;
    • 7.4.3 Interruption of data transmission due to network operator’ problem or user’s network connection problem;
    • 7.4.4 Any problem due to software or services provided by third parties or acts of third parties;
    • 7.4.5 Other situations in which vivo shall suspend or terminate the Service in accordance with laws and regulations or other irresistible reasons, such as vivo’s business adjustment.

8. Governing Laws and Jurisdiction

  • Unless otherwise expressly stipulated to the contrary by the laws of the jurisdiction of your residence, this Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its conflict of laws. You agree that any dispute arising out of or related to this Agreement or the Service shall be settled through negotiation. Any dispute failing to be resolved through negotiation shall be submitted to Shenzhen Court of International Arbitration (SCIA), the People's Republic of China for arbitration in accordance with the laws of People's Republic of China. And the seat of arbitration shall be Shenzhen.

9. Contact

  • If you have any complaints, questions, comments or suggestions, you can refer to vivo official website (https://www.vivo.com) to contact vivo via online Customer Care, or contact vivo by sending emails to service.global@vivo.com.

10. Miscellaneous

  • 10.1 This Agreement constitutes the entire agreement between you and vivo, superseding all prior agreements between you and vivo as to the subject matter hereof.
  • 10.2 If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect.
  • 10.3 Any provision of this Agreement that is not enforced shall not constitute a waiver of right by you or vivo.
  • 10.4 Licenses vivo grants to you shall be limited to those expressly granted herein. vivo reserves all rights not expressly granted to you.
  • 10.5 If you are in breach of this Agreement, vivo will have the right to unilaterally terminate this Agreement and cease the relevant services, without bearing any responsibility for damages. For the avoidance of doubt, any provision of this Agreement which is expressed or intended to continue in force shall survive the termination of this Agreement until the expiration of the agreed conditions or termination by its nature.
  • 10.6 vivo reserves the right to modify this Agreement from time to time. Any modification of this Agreement will be given notice of to you in a timely manner. You can check the latest version of the terms of the agreement on the relevant page. Your continuing to use the Service shall be deemed as your acceptance of such modified version of this Agreement.
  • 10.7 You agree to abide by the laws, ordinances, bylaws, and other regulations of local authority, state, autonomous region, federation, and country where you are located in your using of the Service.

Copyright ©2022 vivo Mobile Communication Co., Ltd. All Rights Reserved

Updated on 【January 2022】