Gallery Editor AI Features User Agreement

This Agreement was updated on October 1, 2024.

This Agreement took effect on October 1, 2024.

This Gallery Editor AI Features User Agreement is an agreement between you, Xiaomi Inc., Beijing Xiaomi Mobile Software Co., Ltd., and the Xiaomi Group's affiliated companies (hereinafter referred to as "Xiaomi", "we", "our", or "us") regarding the download, installation, and use of Gallery Editor AI features and related services (hereinafter referred to as the "Service"). This Agreement also includes the relevant agreements, service statements, business rules, and announcements that Xiaomi may continue to release regarding this Service (hereinafter collectively referred to as "this Agreement"). Once the aforementioned content is officially released, it becomes an integral part of this Agreement.

Before using this Service, you should carefully read and fully understand all the terms and conditions of this Agreement, especially those regarding applicable laws, dispute resolution, the exemption of Xiaomi from liabilities or restrictions to its liabilities, and your rights and obligations. Those terms and conditions are highlighted in bold for your convenience. If you are under the age of 18, you should read and agree to this Agreement under the supervision of your parent or legal guardian before using this Service.

**By tapping "Agree" on the relevant web page and/or downloading and using this Service and its relevant features, you are regarded as having read, understood, and agreed to this Agreement and to be bound by its terms.** If you do not agree to this Agreement, you have the right to exit and cease using Gallery Editor AI features.

1. Gallery Editor AI features and services

1.1. Service content

This Service allows users to expand images, selecting from proportional, auto, and custom expansion options.

You can also use it to remove image elements via AI.

Other Gallery Editor AI features and services may be subsequently added.

1.2 Xiaomi grants the User a personal and non-exclusive license to the Service. The User may not, however, transfer or sublicense the License to any third party. The User may use, display, and run the Service for non-commercial purposes on a single mobile terminal device. However, the User shall not use or run the Service for commercial operation purposes. You shall not copy, change, modify, embed, or create any derivative works based on the data released by the Service to the memory of any terminal device while the Service is running, or during the communication process between the client and the server, including but not limited to using plug-ins and non-authorised third-party tools and services to access the Service and related software or systems.

1.3 Except when explicitly authorised by this Agreement, you are not granted any other right by Xiaomi. If you require any other right, you shall first obtain written consent from Xiaomi.

1.4 The ownership and operation rights of the Service belong entirely to Xiaomi.

1.5 The services covered by this Agreement may vary due to factors such as device model, platform, and support mechanisms. Refer to the actual services supported by your device.

2. Obtaining, adjusting, and updating the Service

2.1 You should obtain and use this Service through Xiaomi's designated channels and methods. Using this Service via non-designated channels or methods may result in your device being infected by malicious programs that will destroy your data and obtain your private information. If you acquire the Service from a third party unauthorised by Xiaomi, or run a different installation package with the same name, Xiaomi cannot guarantee that the Service will work normally and shall not bear any responsibility for any damage thereby caused to you.

2.2 The User must select the version of the Software that matches the requirements of their terminal device. If the User fails to do so, they shall be responsible for any software problems, equipment problems, or damage caused by the mismatch.

2.3 In order to improve your experience and improve service content, Xiaomi has the right to adjust the specific features of this Service or carry out iterative version updates from time to time. We also have the right to charge fees for feature adjustments and version updates, but the fees will be subject to your prior consent. After the new version of the Service is released, Xiaomi does not guarantee that older versions of the Service will continue to be functional.

3. Service usage specifications

3.1 You may use this Service and related services in accordance with this Agreement, local laws, and regulations. You must not undertake any of the following actions:

3.1.1 Delete any copyright-related information from the Service; modify, delete, or evade technical measures set up by the Service to protect intellectual property rights; or, without Xiaomi's consent or legal and legitimate basis, remove or tamper with AI-generated information or synthesised content involved in this Service;

3.1.2 Conduct any reverse engineering of the Service, such as disassembly, decompilation, or any other action aimed at obtaining the source code of the Service;

3.1.3 Modify or forge parts of the Service such as commands or data; add, delete, or change the features or operating effects of this Service; use any software or methods for the purposes described above in order to operate the Service or transfer it to the public, whether or not such acts are for commercial purposes;

3.1.4 Perform any actions damaging network security by using this Service, including but not limited to using unauthorised data or entering into unauthorised servers or accounts; entering a public network or the operating systems belonging to other parties without permission and deleting, amending, or adding stored information; attempting to check, scan, or test the system or network of this Service for vulnerabilities without permission, or performing any other action damaging network security; attempting to interfere in or destroy the normal operation of the system or website of this service, intentionally spreading malicious programs or viruses, or performing any other actions aimed at destroying or disturbing normal network information services; fabricating any TCP/IP packet header wholly or in part;

3.1.5 Sign in to or use the Service through any third-party compatible software or system not developed, authorised, or recognised by Xiaomi, or produce, publish, or disseminate the aforementioned tools;

3.1.6 Without the written consent of Xiaomi, conduct any of the following behaviors to the Service and the information in it, including but not limited to using, leasing, lending, copying, amending, linking, reprinting, compiling, and publishing, establishing a mirror website, and arbitrarily developing any relevant derivative products, works, services, plug-ins, tag-ons, compatibility or interconnection by virtue of the Service;

3.1.7 Use this Service to publish, transmit, spread, or store any content in violation of any local law of the place where you are located;

3.1.8 Use the Service to publish, release, transmit, spread, or store content that infringes upon the rights of others, such as intellectual property rights, trade secrets, and other legal rights;

3.1.9 Use the Service to publish, transmit, or spread advertising information and spam in batches;

3.1.10 Use this Service in any other illegal way, for any illegal purpose, or in any manner inconsistent with the terms of this Agreement.

3.2 Information publication regulations

3.2.1 You may use the Software to publish information which reflects your original views and which contains your original data, text, usernames, images, photos, personal information, media files, links, etc. You must ensure that you have the intellectual property rights for the information you upload, or that you have been legally authorised to do so, and you do not infringe upon any lawful interests of any third party during the use of this Software and its related services.

3.2.2 You must comply with the requirements of the laws and regulations of the place where you are located. You may not use the Software to perform the following actions, including but not limited to:

3.2.2.1 Creating, copying, publishing, spreading, or storing content which violates local laws and regulations;

3.2.2.2 Publishing, transmitting, spreading, or storing content that infringes upon the rights of others, such as the rights of reputation, portraiture, intellectual property, trade secrets, and other legal rights;

3.2.2.3 Spreading false information or concealing the truth for the purpose of misleading or deceiving others;

3.2.2.4 Using this Software to publish, spread, or promote advertisements or spam; or

3.2.2.5 Engaging in other violations of local laws and regulations.

3.2.3 You may not carry out any commercial conduct using the Software, including but not limited to advertising or selling merchandise, without Xiaomi's authorisation.

3.3 You understand and agree that:

3.3.1 In order to fulfill legal compliance requirements, Xiaomi has the right to use technical/manual means to review and supervise your use of this Service (including but not limited to the content you input and the content generated through this service). If you violate any of the above provisions while using this Service, Xiaomi has the right to directly take all necessary measures (including but not limited to warnings, restricting features, suspending or terminating services, saving relevant information and reporting to relevant departments in accordance with laws and regulations, etc.) to mitigate the impact of your misconduct.

3.3.2 If your violation of the above usage regulations infringes upon the legitimate rights and interests of a third party, you shall bear legal responsibility independently in your own name. If such infringement causes Xiaomi to face any complaints, reports, inquiries, claims, lawsuits, or if Xiaomi or its partners suffer any loss of reputation or property as a result, you shall actively take all possible measures to protect Xiaomi and its affiliates from the above claims and lawsuits. At the same time, you are fully responsible for the direct and indirect economic losses suffered by Xiaomi and its affiliated companies, including reasonable attorney fees, investigation and evidence collection fees, and litigation fees.

4. Disclaimer

4.1 The User must have a required mobile terminal device with network access capabilities to use telecom value-added services, and will be responsible for fees related to network access on mobile terminal devices as well as communications fees, information fees, and other related fees charged by third party providers (including but not limited to fees charged by service providers). If you are using value-added telecom services, we recommend that you confirm the related costs with your telecom value-added service provider.

4.2 This Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim any express or implied warranty, condition, or other agreement, nor do we make any warranty or promise related to the completeness, accuracy, timeliness, or reliability of the Service and related features.

4.3 To the fullest extent permitted by law, Xiaomi shall not be liable for any loss to you or anyone else caused by the inability to access or use the Service for the following reasons:

4.3.1 Any service disruption, delay, or restriction due to hacking attacks, computer viruses, blocking of unlawful or harassing information, government controls, or any other reason related to networks, technology, communication lines, or information security administrative measures;

4.3.2 Any losses or damages to the User caused by third parties due to carrier communication line malfunctions, technical problems, network or computer malfunctions, system instability, or any other reason of force majeure;

4.3.3 Xiaomi's maintenance or upgrade of the system, software, or hardware that results in the suspension or termination of this Service;

4.3.4 Service interruptions due to typhoons, earthquakes, power outages, floods, war, terrorist attacks, or any other reason of force majeure; or

4.3.5 Service interruption, delay, or termination due to changes in laws and regulations, judicial rulings, or requirements of administrative agencies.

4.4 This Service, like most Internet software and services, may be subject to various security problems brought about by users, network connection quality, social environment, etc. For example, publishing personal information may result in real-life harassment. Other software products installed on the same device and websites visited which contain viruses and malware, such as Trojan horses, may carry security risks and influence the functioning of the Service. Xiaomi is not liable for any losses incurred by the User due to any of the aforementioned circumstances.

4.5 When you use the Service or request that Xiaomi provide specific services, the Service may use a third-party system or software to support your use or access, and the results of the use or access are provided by the third party. Xiaomi does not make any express or implied warranties or guarantees regarding the legality, authenticity, accuracy, and validity of the information and content provided by third-party services. You understand and agree that third parties may access user data while providing services. Xiaomi does not guarantee the security, accuracy, or validity of third party systems or software. You shall use third party services after reasonable consideration. Xiaomi shall not bear any responsibility for any disputes and damages caused thereby.

4.6 Please note that in order to protect the company's business development and autonomy, Xiaomi reserves the right to modify or interrupt services without prior notice at any time. Xiaomi has no obligation to the User or any third party when exercising the rights mentioned above, including in the event that the User incurs losses due to their inability to access or use the Service.

4.7 You shall bear the responsibility with respect to any physical harm, or incidental or indirect economic losses or damages (including but not limited to losses of profits, losses of data, business interruption damages, or other commercial damages or losses) resulting from the following situations:

4.7.1 You use or fail to use the Service;

4.7.2 In the event that a third party obtains or changes your data without permission;

4.7.3 In the event that damages and fees are incurred by your behavior in the course of using the Service;

4.7.4 Your misunderstanding of this Service;

4.7.5 Any other loss or damage caused by parties other than Xiaomi.

4.8 We may access, use, save, and/or disclose your account information and content in accordance with laws, lawsuits, the requirements of judicial or government agencies, or under other reasonably necessary circumstances.

4.9 Xiaomi does not assume any responsibility for the disclosure of your personal information due to your misuse.

4.10 You confirm and understand that all content generated by this service is generated by artificial intelligence models. We make no guarantees about the accuracy, completeness, and functionality of the content generated, and generated content does not represent the attitudes or opinions of Xiaomi. The content generated by this Service does not represent professional opinions and cannot replace practitioners in professional fields such as law, medical care, or finance to answer corresponding questions. It is your sole discretion whether to rely on, publish, or otherwise use content generated by the Service, and you bear all risks arising from such use. We remind you that, unless otherwise expressly provided by law, Xiaomi cannot and will not be held responsible for any loss or damage caused by the aforementioned risks.

4.11 Under no circumstances shall Xiaomi be liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profits suffered by you as a result of your use of Xiaomi services. You agree that our entire liability to you, no matter the reason or the manner of conduct, will never exceed the fees (if any) you paid to Xiaomi for the use of this Service during the period of validity of this Agreement.

5. Intellectual property rights

5.1 Any copyright, trademark, and patent rights, trade secrets, and other intellectual property rights related to this Service and all the content related to this Service (including but not limited to text, images, audio, video, charts, interface and layout design, relevant data or electronic documents, etc.) belong to Xiaomi and are protected by the local laws and regulations and corresponding international treaties. Without Xiaomi's permission, no one may use these elements (including but not limited to copying, disseminating, displaying, mirroring, uploading, downloading, modifying, renting, etc.).

5.2 Without Xiaomi's written consent, the User may not implement, utilise, transfer, or permit any third party to implement, utilise, or transfer the above intellectual property rights for any commercial or non-commercial purpose. Xiaomi reserves the right to pursue legal liability for the above acts.

5.3 The User guarantees that any information content, such as text and photos, uploaded and published using this Service is original to the User or has been legally authorised. Unless otherwise provided by law or otherwise agreed by both parties, you have certain rights and interests regarding the content generated when using this Service. According to Chinese law and standard international practices, individuals generally do not have ownership rights over images generated through artificial intelligence models or algorithms. If there are corresponding changes in the law, we will promptly update this Agreement.

5.4 For content uploaded or generated on this Service, you should guarantee that you are the copyright owner or have obtained legal authorisation, and that the content does not infringe upon the legitimate rights and interests of any third party (including but not limited to intellectual property rights, portrait rights, reputation rights, naming rights, privacy rights, personal information rights, etc.) and does not involve any state secrets, business secrets, important data, or other data that may have an adverse impact on national security or public interests, otherwise the resulting infringement risks and responsibilities lie solely with you. We have the right to remove content that is alleged to infringe upon any of these rights upon receipt of notification from the rights holder or relevant party. You shall handle all claims made by third parties yourself and bear all legal liabilities that may arise; if your infringement causes losses to Xiaomi and its affiliates, controlling companies, and successor companies (including but not limited to economic and reputational losses, reasonable attorney's fees, investigation and collection fees, and litigation fees), you shall also fully compensate Xiaomi and its affiliates, controlling companies, and successor companies for all losses suffered.

6. Protection of personal information

6.1 We are committed to the privacy and safety of our users and take reasonable measures to protect our users' personal information and privacy. We will not collect or use personal information other than that which is necessary for the provision of services, nor will we use said personal information for purposes other than the provision of services unless consent is obtained from the User.

6.2 We will fulfill our obligations regarding the protection of information security by undertaking necessary security measures as stipulated by relevant laws and regulations. You understand that we are unable to guarantee the information security protection capabilities of third parties nor their processing behavior. If you have any questions about the collection, provision, storage, or use of your personal information by a third party, or decide to take legal action of any kind against them, you should directly contact the relevant third party.

6.3 Beyond the terms relating to personal information and privacy in this Agreement, you should also carefully read and fully understand the Gallery Editor AI Features Privacy Policy to understand more details of how we protect your personal information and what you can do.

7. Agreement and rule changes

7.1 You agree that, based on developments in technology, the market, Xiaomi's business model, etc., Xiaomi has the right to amend terms and conditions, including this Agreement, at any time in accordance with changes in Chinese laws and regulations, the development of the internet, and adjustments in company situation and business strategy. The updated Agreement will take effect after a reasonable publicity period and will replace the previous Agreement.

7.2 We will notify you of the new Agreement in an appropriate manner, and you may view the latest version of the terms of the Agreement on the relevant service page. If the revised Agreement or any of its terms will seriously affect or restrict your continued use of this Service, we will obtain your consent through pop-up windows, prominently placed announcements on webpages, etc. If you do not agree to the modified terms, you shall immediately discontinue your use of the Service. Your continued use of this Service shall be regarded as acceptance of the modified Agreement.

7.3 You agree that Xiaomi or related paid service providers have the right to adjust the relevant rules of paid services in a timely manner based on actual business needs, including but not limited to prices, charging standards, charging methods, and related service terms, and at a reasonable time before your purchase notify you of the specific adjustments to the paid service rules. After the new rules take effect, you must agree to them before you can continue to use and purchase related services. The services you purchased before the price adjustment will not be affected. If you do not agree to the adjusted price, you may stop using the related services before the new price takes effect.

8. Applicable laws and dispute resolution

8.1 This Agreement is governed by the laws of the People's Republic of China.

8.2 If any dispute arises between the two parties, it should be resolved through amicable negotiation. If negotiation fails, a lawsuit should be filed in the Haidian District People's Court in Beijing. If there is a conflict in terms of jurisdiction between any single clause and the terms and conditions of this Service, the single clause takes precedence within the scope of its applicability.

9. Miscellaneous

9.1 Period of validity

This Agreement is effective as of the date accepted by you and will remain in effect unless terminated in accordance with the Agreement. You will be regarded as having accepted this Agreement upon your first use of the Service, unless your acceptance has been terminated in accordance with the Agreement.

9.2 Notices

You agree to provide accurate and current contact information (including your phone number and email address) required to create a Xiaomi Account. You further agree to update this information when necessary in order to keep it accurate and current. You acknowledge and agree that Xiaomi may send to you, whether by email or otherwise, communications and notifications, which may inform you about changes that impact your rights and responsibilities under this Agreement. It is your responsibility to check these updates periodically. You understand and acknowledge that failure to provide or update accurate contact information may prevent the notices from reaching you and that you are solely responsible for any losses or damages you suffer as a result of unsuccessful delivery of notices.

9.3 Severability

If any clause in this Agreement is found or deemed to be void, invalid, or unenforceable, the remaining clauses will still retain legal effect and be binding on both parties.

9.4 Transfer of rights and obligations

You may not assign or otherwise transfer any of your rights or obligations under this Agreement without Xiaomi's prior written permission. Any transfer performed without this permission is invalid. In the event of business upgrades or changes in operating entities, Xiaomi has the right to transfer, subcontract, or replace Xiaomi's rights and obligations under this Agreement.

9.5 Contact us

Select the Gallery Editor module in Services & feedback on your Xiaomi phone to send us feedback or suggestions.