USER AGREEMENT

1. Foreword

1.1. Thank you for choosing realme! This User Agreement (hereinafter referred to as the “User Agreement”) applies to matters concerning you and Realme Mobile Telecommunications (Shenzhen) Co., Ltd. and its affiliates (collectively, hereinafter referred to as “realme” or “we/us”) relating to your use of realme.com and any other microsites falling within this website domain (collectively, hereinafter referred to as “Website”).

1.2. Before using this website, please make sure that you have read this User Agreement, our Privacy Policy, and any additional terms and conditions and policies referenced in this User Agreement below, Privacy Policy and/or available by hyperlink (collectively, hereinafter referred to as “Terms”) carefully. You need to read and understand the Terms carefully, especially any terms governing our liability to you and how that liability may be limited. Your use of this website and information on the Website are considered as your full acceptance of the Terms and agreement on being bound by the Terms. If you do not understand or accept any of the Terms, please do not continue to use this website or any of the information contained in this website. Suppose you do not understand any of the information on this Website, and you still intend to use this Website. In that case, you may consult qualified legal professionals to assist you in understanding such information, and such consultation is at your discretion and your expenses/cost.

1.3. The User Agreement applies to all users of this Website, including, without limitation, users who are browsers, supporters, and/or contributors of the Website content.  The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect this User Agreement.

1.4. To the extent permissible by law, realme reserves the right to amend and update this User Agreement from time to time. You are expected to frequently review these Terms of Use for any updates. Your use of this Website after any updates to this User Agreement will be deemed as your full acceptance of such changes.

2. User Representations and Actions

2.1. You may be required to register an account on the Website when you enjoy services on the Website. If you have registered an account on the Website, you can use these registration details to access your user account on the Website. You must make sure that all information that you submit during registration (including, but not limited to, information about your identity, name, mobile number, address, and email) is correct and is your own information. You will be responsible for promptly updating your registration information if there is a change in any detail after you have registered your account.

2.2. You should keep your account details safe and change the passcode regularly, and you agree to follow all steps instructed on the Website if you lose your account passcode or discover unauthorized use of your account by third parties. We have the right to temporarily or permanently disable your account in whole or in part in case you breach this User Agreement and we receive any orders/requirements issued by authorities to require us to do so, particularly your misconducts relating to anything you must not do in accordance with this User Agreement and any applicable laws and regulations.  

2.3. You must not:

• copy, reproduce, republish, change, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code, decode, download, post, broadcast, transmit, make available to the public, adapt, alter or create a derivative work or engage in any other act that analyses or replicates the source code, structure and /or concept of the Website;

• copy, redistribute, or sub-license any of the Website’s content;

• upload, publish, convey, or transmit any content or information that may be illegal or offensive, or infringe a third party’s rights. Such content may include pornography, violent content, threatening content, defamatory content, and/or any content that violates any applicable laws and regulations in effect in the country in which you are based and/or we are based.  You must, in particular, ensure that any cybername or character name that you create complies with these requirements.  You must also not use the Website to upload, publish, convey, or transmit any advertising information, marketing information, or spam messages;

• use the Website and/or any information under the Website to infringe on others' legal rights or interests, such as intellectual property rights, privacy, reputation, and rights of portrait (if applicable);

• use the Website to upload or publish incorrect information with malicious intent or suppress the truth to misguide or deceive others;

• use any automated tools (including but not limited to page-scrapers, spiders, deep-links robots, or other equivalent or similar device, program, algorithm or methodology) to access, duplicate, or monitor any part or page of the Website and/or its Content or attempt to obtain unauthorized access to any part of the Website, connected networks, or our servers, including hacking, password mining or any other illegitimate methods.

• commit any act that may compromise the security of the Website, including but not limited to the use of unauthorized data or entry to unauthorized servers/accounts; entry to public computer networks or another person's computer system without authorization, and/or delete, modify or add to the information stored within; attempt to probe, check, scan or test the vulnerability of the Website, network connected to the Website, or other acts that may put the Website’s security at risk; attempt to interfere with, or damage the normal operation of, the Website, or engage in intentional dissemination of malicious software or viruses and/or other acts that may damage and disrupt normal network information services; or forgery of TCP/IP data packet names or parts of names;

• engage in any activity that may compromise the fairness of the services provided by realme, or otherwise affect the normal operating procedures of the Website, such as acts to proactively or passively cheat on scores, use of unauthorized third-party plug-ins or other illegal software, exploitation of software bugs (also termed loopholes or defects) to obtain unjustifiable gains, or publicize the above-mentioned unauthorized third-party plug-ins, illegal software or bugs online or by any other means;

• engage in any commercial activity such as the issuance of advertisements or sale of goods or any illegal activities that may harm realme's interests, such as the vending of Kucoin, game currency, unauthorized third-party plug-ins, and tools; and/or

• engage in other activities that are prohibited by the governing laws and regulations in effect in the country in which you are based and in China, and in violation of public order, good customs, and social morality; as well as those actions infringing on the legitimate rights and interests of any other individuals, companies, social groups or organizations.

2.4. Where you have purchased goods or services from us or you have provided your consent to be contacted for marketing, you agree that we may send you advertisements, promotion, or publicity information (including commercial and non-commercial messages) ourselves, or via third-party advertising or marketing companies. You have the right to withdraw consent to these marketing messages by sending an email to service@realme.com.

3. Privacy

3.1. realme respects and is committed to protecting your privacy and complies with its obligations under the applicable data protection legislation.

3.2. You acknowledge and agree that realme will collect and process your personal data as part of your visit to the Website or when you use realme’s online services. Please see realme’s Privacy Policy for more information.

3.3. The Website may contain hypertext links to other websites that may be of interest to you. Please note that realme does not have any control over the content or privacy practices of these sites. realme recommends that you review the privacy policies of these websites before providing any personal information.

4. External Links

4.1. The Website may contain hypertext links to websites or pages created and maintained by third parties which are independent and are not affiliated to realme, or which have not been authorized by realme (collectively, the “External Links”). Activating such hypertext links may cause you to leave the Website. Such addresses or hypertext links are provided solely for your convenience and information. We do not control or review any of these websites and pages linked with or connected to the Website and, accordingly, we are not responsible nor give any guarantees for their content, the offered products, services, or offers, or any consequences of their use. We shall not assume any liability in connection with websites, pages, and related interactions. Accessing these websites or pages shall be at your own risk. In case there are any disputes between you and any third parties who control or operate the External Links in connection with or arising from your use and any conduct to the External Links or any information under such External Links, realme shall not be obliged to resolve or involve the aforementioned disputes, and realme shall not be liable to any of your damages and losses incurred by your use to such External Links or the aforesaid disputes.

4.2. You must not link the Website to any other website in such a way as to make it possible for a user to bypass the page containing this User Agreement.

5. User-generated Content

5.1. The Website may include information and materials uploaded by other users of the Website, including bulletin boards, chat rooms, and other community forums. This information and these materials have not been verified or approved by us.  The views expressed by other users on the Website do not represent our views or values and realme shall not be liable to you or any other third party for any damage, loss, or distress suffered by you or a third party in relation to the user-generated content. You shall not infringe any legitimate rights, titles, interests, and benefits under or in connection with the aforementioned user-generated content (if any), for instance, you shall not use such user-generated content in any manner or circumstances without prior affirmative consent or authorization from the relevant right holder, and realme shall not be obliged to resolve or involve disputes incurred by your infringement, you shall solely assume all liabilities to your infringement as per the applicable laws.

5.2. Please contact us via service@realme.com should you have any complaints about the user-generated content on the Website.

5.3. You are solely responsible for all acts under your account including any content uploaded or created by you to the Website and all consequences arising out of or related to it.

5.4. By uploading content to the Website, you confirm to realme that the uploaded content will not infringe the intellectual property rights, privacy, reputation, and rights of portrait (if applicable) of any third party, and you may be required to compensate realme for any loss caused to realme as a result of your breach of this clause.

5.5. If you find that your intellectual property right is infringed by a third party on the Website or any other realme platforms, you can file a complaint at ipservice@realme.com.

6. Intellectual Property Rights (IPR)

6.1. All copyright, trademarks, design rights, and other intellectual property rights (registered and unregistered) on the Website and all content (including all text, images, sound, software, and other material) located on the Website (hereinafter referred to as “Website Content”) shall remain vested in realme and/or its licensors.

6.2. We grant you a non-exclusive, revocable, non-transferable right to use the Website for your own personal and non-commercial use without modifying it. Any other use of Website Content requires our prior written permission.

6.3. The names, images, and logos identifying realme or third parties and their products and services are subject to copyright, design rights, and/or trademarks owned by realme and/or third parties. Unless otherwise specified, nothing contained in this User Agreement shall be construed as conferring any license or right to use any trademark, design right, or copyright of realme or any other third party.

6.4. By publishing or uploading information or content using the Website, you confirm that you are the copyright holder or have been legally authorized to do so and that the information or content does not infringe the rights of any third party. In the event that a third party raises objections to any information or content that you upload, we may delete the related information or content according to the particular circumstances without notifying you.  We also reserve the right to take appropriate legal action against you, and you will be held fully liable for any resulting loss or damage suffered by realme. 

7. Security and Virus Protection

We will reasonably take necessary technical measures to protect information and to check and test materials at all stages of production, but you acknowledge and agree that we make no presentation, warranty, or undertaking that our Website and/or services will be uninterrupted, secure, or error-free or free from viruses, and therefore we will not assume responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using the Website or material derived from it. You assume full responsibility for the protection of your computer system including computer hardware, software, and stored data on your computer system and hardware, software, and stored data of third parties who may access, or be otherwise connected to your computer system.

8. Limitation of Liability

8.1. We take reasonable steps to present up-to-date, accurate, and relevant information on the Website. No specified update or refresh date applied on the Website or on any related website should be taken to indicate that all information on the Website or on any related websites has been modified or updated.

8.2. However, we provide the Website on an ‘as is’ basis and the information on the Website should not be relied upon for any specific purpose and we make no representations or warranties as to the authenticity, accuracy, completeness, relevance, and integrity of any information that you obtain via the Website, including any third party information, content or advertisements (referred to in this User Agreement as Information).

8.3. In no event shall we be liable for any loss, damage, or inconvenience caused as a result of reliance on such information or any access to or use of the Website including, without limitation, any loss of profit or indirect incidental or consequential loss.

8.4. We will not be responsible for any losses (including, but not limited to, losses in property, revenue, data files, and other forms of intangible losses) that you may suffer under the following circumstances:

• malfunction and inability to operate the Website normally;

• discontinuation or delay of services provided on the Website that is caused by computer viruses, Trojan, other malicious programs, or hacker attacks; technical adjustments or malfunction of the telecommunication department and internet operating companies; system maintenance; or for any other reasons;

• discontinuation, termination, or delay of services provided on the Website or the Website itself for reasons such as changes in laws and regulations, orders and rulings of judicial, administrative, and other authorities (although we will endeavor to give you reasonable notice of any suspension, termination or withdrawal); and/or

• losses caused by the use of the Website in violation of this User Agreement or your improper operation thereof.

8.5. To the extent permitted by law, all warranties of any kind, either express or implied, are hereby expressly excluded, including, but not limited to, any warranties as to ownership or quality of material, or fitness for a particular purpose. You shall be responsible for verifying the content contained on the Website prior to using and adopting the necessary precautions to prevent risks.

8.6. This User Agreement does not in any way limit realme’s liability for death or personal injury caused by realme’s negligence, fraud, or fraudulent misrepresentation or for any other matters for which it would be illegal for realme to exclude or attempt to exclude its liability.

8.7. In the event that realme incurs any liability in connection with this User Agreement or the operation of the Website and such liability is not otherwise limited or excluded by the terms of this User Agreement, our liability will be limited to £100.00 (GBP one hundred).

9. Indemnification

You agree to indemnify, defend and hold realme, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable legal fees), arising out of any non-compliance by you with this User Agreement or the documents they incorporate by reference or your violation of any law or the rights of a third party.

10. Updates to this User Agreement

10.1. We have the right to modify the terms of this User Agreement and/or related agreements when necessary at our discretion from time to time. Unless otherwise specified, the new version of the User Agreement will take effect immediately and will apply to your use of the Website going forward.

10.2. You should frequently check the terms of this User Agreement each time you use the Website in order to ensure you understand the terms that apply at that time. Your use of this Website after any updates to this User Agreement will be deemed as your full acceptance of such changes.

11. Severability

In the event that any provision of this User Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this User Agreement (such determination shall not affect the validity and enforceability of any other remaining provisions).

12. Termination

12.1. This User Agreement is effective unless and until terminated by us. You acknowledge and agree that we, in our sole discretion, may terminate this User Agreement without prior notice for any reason at any time. You agree that we shall not be liable to you for termination by us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this User Agreement.

12.2. If at any time you do not feel that you can agree to the Terms or any changes made to this User Agreement, you must immediately stop using the Website and the services on the Website.

12.3. If in our sole judgment you fail, and/or we suspect that you have failed, to comply with any term or provision of this User Agreement, we may terminate this User Agreement at any time without notice and we may deny your access to the Website and/or services made available on the Website. The above does not affect our right to claim indemnities where we are entitled to do so because of your failure to comply with the terms of the User Agreement.

13. Entire Agreement

This User Agreement and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and us and govern your use of the Website, any Website Content and/or Services, superseding and extinguishing any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the User Agreement).

14. No Waiver

Our failure to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision.

15. Applicable Law and Dispute Resolution

15.1. The drafting, interpretation, performance, dispute resolution, or other matters of this User Agreement shall be governed by the laws of China.

15.2. You and we both agree that we will try to resolve any dispute arising from this User Agreement through amicable negotiations. In the event that the dispute cannot be resolved within 90 days from the date when the dispute arose, either party shall have the right to submit the dispute to the Shenzhen Court of International Arbitration (SCIA) arbitration and such arbitration shall apply to the latest arbitration rules of SCIA.

16. Contact us

16.1. We try to use clear and understandable language in all of our documents and correspondence, however, if anything within this User Agreement is unclear, then please contact us via service@realme.com.

16.2. Our registered address is Room 201, Building A, No.1 Qianhai First Road, Qianhai Shenzhen-Hongkong Cooperation Zone, Shenzhen, People's Republic of China (Settling into Shenzhen Qianhai Commerce Secretariat Co., Ltd.), postal code 518000.

Last update: August 1, 2024