Beta Testing Agreement
I voluntarily consent to participate in the Beta Testing (the "Testing") for HONOR TECHNOLOGIES (UK) CO., LTD, a company duly incorporated and existing under the laws of England and Wales, with its registered office located at Landmark Office Space, 450 Brook Drive, Green Park, Reading, RG2 6UU, United Kingdom and whose registered number is 13152943 (hereinafter referred to as "HONOR"). The Testing is designed to uncover software issues and improve software quality, usability, and availability by inviting users to experience new features of a pre-release software, so as to deliver a satisfying product for the official release.
I understand that the Testing is voluntary and I will abide by the terms of this Beta Testing Agreement ("the Agreement") during the Testing. I ACKNOWLEDGE THAT IT IS POSSIBLE THAT I MAY LOSE ALL DATA (INCLUDING BUT NOT LIMITED TO PHOTOS, VIDEOS, CHAT HISTORY, AND SO ON) STORED IN MY DEVICE AND I HAVE ALREADY BACKED UP ALL OF THEM. If I do not accept this Agreement, I will not have the right to participate in the Testing. In the event that this Agreement is signed electronically, when I reply “agree” to the email sent by HONOR, I will be bound by all the terms and conditions under this Agreement.
1. SCOPE AND PROCEDURES
1.1 APPLICABLE SCOPE
As a Beta user participating in this Testing, I am Party A of the Agreement and HONOR is Party B.
Party B reserves the right to modify this Agreement if necessary and shall notify Party A of the modification by email and ask for consent. If Party B does not agree to the modified Agreement, Party A shall immediately stop participating in the Testing.
1.3 WITHDRAWAL FROM TESTING
Party A can withdraw from the Testing at any time. After withdrawal, Party A shall remain bound by section 3. INFORMATION SECURITY, PENALTIES, AND COMPENSATION.
IMPORTANT: After withdrawal from the Testing, Party A must roll back the software to the previous version to ensure normal function of the device, by sending the device to HONOR Authorized Service Center via the postal repair service. The roll-back service is free of charge for Party A and normally takes 7-10 days (14 days maximal). Please note that ALL DATA IN THE DEVICE SHALL BE ERASED DURING THE ROLL-BACK SERVICE.
1.4 EVENT SCHEDULE
Application period: 9th June – 16th June 2022
Participant announcement: The selected participants shall be notified by email on 17th June 2022.
Testing period: 20th June – 3rd July 2022
Reward announcement: 11th July – 13th July 2022
Prize delivery: 14th July – 28th July 2022
2 RIGHTS AND OBLIGATIONS
2.1 RIGHTS AND OBLIGATIONS OF PARTY A
PARTY A has the following rights during the Testing period:
• Have the priority to upgrade the new released software with this Agreement and instructions from Party B.
• TOP users can get reward according to the reward policy as follows. (Ranking based on the scores awarded for submitted bug, questionnaires or other tasks.)
|Beta Awards||Beta Test Awards|
|Award Category||Winning Condition||Number of Winners||Prize|
|Score-Based Ranking Awards|
|Beta Talent||Beta score ranked 1st and the feedback scored no less than 15.||1||HONOR MagicWatch 2 (random model, random color)|
|Beta Excellence||Beta score ranked between 2nd and 4th and feedback scored no less than 15.||3||HONOR Earbuds 2 lite|
|Beta Encouragement||Beta score ranked between 5th and 12th and the feedback scored no less than 15.||8||HONOR Band 6 (random color)|
|Score-Based Ranking Awards|
|1. After the Testing, the Beta Test Awards will be granted based on the total scores awarded comprehensively considering the quality of feedback, questionnaires, and update score.|
|2. If multiple users are of the same ranking and qualified for the same award, the user who has submitted feedbacks of higher quality will be ranked higher than the user who has submitted feedbacks of larger quantity.|
|3. Only the Beta users with feedback scores no less than 15 and have submitted more feedback questions than the average are eligible to be candidates for awards.|
• Can terminate the Testing at any time.
PARTY A has the following obligations during the Testing period:
• Complying strictly with the information security requirements in Section 3.
• Inserting a SIM card, setting a power-on password, and logging in to the Beta app after participating in the Testing (applicable only to phones/ tablet).
• Ensuring the router is powered on, connected to the network, and HONOR AI Space is installed on the phone to manage the router (applicable only to routers).
• Ensuring that logs for the product are enabled.
• Cooperating with Party B to complete relevant questionnaires (such as KPI and NPS surveys).
• Using the product as the main device and ensuring that phone charges during usage are paid for. When uploading logs and files, updating versions and fulfilling other online Testing requirements, the product will be connected to either a Wi-Fi network or mobile data.
• Any feedback, ideas, modifications, suggestions and improvements made by the Party A with respect to the test products will be the sole property of HONOR. Party A shall assist Party B in improving and implementing such rights. Party B may copy, modify, display or otherwise use the relevant information for commercial or non-commercial purposes.
• Acknowledging that this Agreement shall not grant Party A or any other Testing participants any employment rights.
2.2 RIGHTS AND OBLIGATIONS OF PARTY B
PARTY B has the right to terminate this Agreement with Party A, if Party A does not fulfill the obligations in Section 2.1 or commits the following violations for at least three (3) times:
• Not submitting issues about the product to Party B within two weeks of encountering the issue.
• Not logging in to Beta for more than 48hours after joining the Testing.
For audio and smart accessory Testing:
• Not submitting issues about the product to Party B within two weeks of encountering the issue.
For bluetooth speaker Testing:
• Not submitting an issue regarding the product to Party B within two weeks of encountering the issue.
For router Testing:
• The router is not powered on.
• The router is not connected to the network and the problem is not reported to the Beta Organizer within 48hours after received the software or product.
• Not submitting issues regarding the product to Party B within two weeks of encountering the issue.
For PC Testing:
• Not submitting issues regarding the Product to Party B within two weeks of encountering the issue.
For other smart product Testing:
• Party A did not submit issues regarding the product to Party B within two weeks of encountering the issue.
If Party A fails to complete the test tasks assigned by Party B in a timely way during the Testing, Party B has the right to terminate the Agreement. Party B reserves the right of final interpretation in such cases.
During the Testing, Party B has the right to collect and use Party A's data to diagnose and analyze product faults, analyze, and measure system and application usability, and improve user experience of HONOR products and services.
As the data controller, we understand the importance of your privacy. Please take the time to read the Privacy Statement carefully to understand how we will use your personal data. The details please click the HONOR Platform Privacy Statement.
If Party A breaches its confidentiality obligations, Party B has the right to take back the Beta products and terminate the contract. If any loss is caused to Party B, Party B has the right to claim compensation from Party A.
Party B shall fulfill the following obligations during the Testing:
• Providing technical support to Party A and ensuring all tasks or requirements do not violate local laws and regulations.
3. INFORMATION SECURITY, PENALTIES, AND COMPENSATION
3.1 CONFIDENTIALITY AND INFORMATION SECURITY
Party B may disclose to Party A certain important information belonging to and relating to Party B and the Product which Party B considers confidential, including but not limited to the Graphic User Interface and the bezel design ("Confidential Information"). Party A shall use the Confidential Information solely for Testing purposes and shall not disclose the Confidential Information to third parties without Party B's written consent or use the Confidential Information for the benefit of Party A or third parties. During the Party A shall not provide the software information to any third parties for any purposes. Party A must comply with the following information security terms during the period of confidentiality.
Party A shall not:
• Use applications from any source that test the performance or speed of the product.
• Disclose or spreading product information, such as Features, UX Style to any third parties by any means, including on online social media platforms such as Facebook, Instagram, or YouTube.
• Updating the phone with OS versions other than those pushed for the Testing.
Note: The time of when the Software can be revealed must be consistent with the Software release/launch time. The scope of the Software information that can be revealed must be consistent with the official description for the Software release/launch.
To the extent permitted by law, in no event shall HONOR be liable for any damages, including any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits or lost savings, loss of data, business interruption or lost savings, loss of data, business interruption or any other commercial damages or losses, arising out of or related to the Party A’s use of the test product, or the installation, use or inability to use the test products, even if HONOR has been advised of the possibility of such damages.
3.2 PENALTIES AND COMPENSATION
During the period of confidentiality, Party A should bear responsibility for the following penalties or compensation if the information has been leaked due to Party A's actions.
• The penalty for committing violations using performance testing software is 100 GBP per product.
• If information about the product and software is disclosed because of Party A's violation of the Agreement using performance testing software, spreading product information, Party A shall indemnify Party B for any loss and Party B shall reserve the right to take legal actions against Party A.
• After the software is officially released, Party A shall not disclose or spread information about the software, including but not limited to information about software defects (including man-made damages), on platforms such as Facebook, Instagram, YouTube, or any other forum. Party A will be held legally liable for any violation according to applicable laws.
Confidential Information about the software can only be revealed after the launch or release and within the scope of the official description for the launch or release.
Due to the unique nature of the Confidential Information, any monetary damages are inadequate for compensating Party B for any breach by Party A of Party A's terms found in this Agreement. Therefore, in addition to the termination of this Agreement and claiming damages as set forth in this Agreement,, Party B shall be entitled to seek all remedies that may be available, either in law, equity or otherwise, including: (a) obtaining injunctive relief against any threatened breach of this Agreement or the continuation of any such breach by Party A, without the necessity of proving actual damages; and (b) being indemnified by Party A for any loss, harm or damages, including and not limited to reasonable attorney's fees, arising out of or in connection with any breach or enforcement of Party A's obligations under this Agreement or the unauthorized use or disclosure of the Confidential information.
4. PRIVACY PROTECTION
To fulfill the contractual rights and obligations of this Agreement, personal information of Party A under applicable circumstances hereunder will be collected and processed by Party B for the purpose of diagnose and analyze product faults, analyze, and measure system and application usability, and improve user experience of HONOR products and services.
4.1 What data are to be collected
For Beta, Party B will collect and use Party A’s personal data only for the purposes described below. Personal data refers to any data that enables Honor to identify Party as a user.
Party B will collect and process the following data:
• Device information, including the device identifier (SN), MCC, device model, device version.
• Application information, including the client version number.
• Network information, including the IP address.
• The content Party A voluntarily submit log files (system operation logs, logs generated by mobile apps and sent to the Android system), problem descriptions, Party A’s messages, and manually uploaded videos, photos, and files. Information from the questionnaire voluntarily filled out when registering for the beta test.
To provide Party A with the service, the Testing requires Internet access and the phone storage permissions.
Party A can go to Settings to manage the permissions at any time.
4.2 How long are the data stored?
Party B will retain personal data of Party A for no longer than is necessary for the purposes and obligations defined in this agreement. The retention period will be no more than one (1) year and will be deleted upon the achievement of the purpose of collection. Once the retention period expires, we will delete or anonymize Party A’s personal data, unless otherwise required by applicable laws and regulations. Problems and improvement suggestions provided by Party A may be stored for a long time.
4.3 How are data shared?
Party B will store data of Party A in France. In order to analyze the problems that Party A has submitted, the attachments Party A has submitted may be transferred to China. The downloaded files will be deleted promptly after the problem analysis is completed. Party B will transfer Party A other personal data to be stored within China in accordance with the contract. Party B will provide adequate safeguards for Party A’s data in conjunction with the legal requirements of Party A.
4.4 Party A’s rights and options
Party A has the following rights and options as the data subject to Party A’s personal data:
|Party A’s Right||Description||Exercise Party A’s Right|
|Right to access||Can request a confirmation as to whether or not personal data about Party A is processed and Party A can, where applicable, receive a copy of personal data Party B process about Party A.||
(1) If Party A needs to request access to and acquire a copy of Party A’s personal data collected and stored by Party B in connection with the Testing, please contact Party B.
(2) Party A can exercise Party A’s data subject rights by contacting Party B as set out in section 4.5.
|Right to portability||Party A can receive certain data that Party A has provided to Party B in a machine-readable format.||If Party A would like to receive Party A’s personal data in connection with the Testing in a machine-readable format, please contact Party B.|
|Right to erasure (Right to be forgotten)||Party A can have Party A’s data erased under certain conditions.||If Party A believes Party B’s holding and retaining of Party A’s data is unlawful, please contact Party B. Party B will erase or anonymize Party A’s personal data within a reasonable period based on Party A’s request and in accordance with the retention period described in section 4 of this Statement.|
|Right to rectification||Party A can have Party A’s inaccurate data corrected and incomplete data completed.||
In order to keep Party A’s data up-to-date and accurate, Party A can:
Go to Me > Join Activities > My projects > All errors > Modify issue page to access and modify the data of the Testing.
|Right to withdraw||Party A can withdraw consents to the processing of personal data based on Party A’s consents.||Party A can go to Me > About > Beta User Agreement > Stop Service to withdraw Party A’s consent to data collection and processing.|
|Right to object||Party A can object to the processing of Party A’s data for certain purposes such as direct marketing.||Party A can exercise Party A’s right to object by contacting Party B as set out in section 4.5.|
|Right to restrict processing||Party A can restrict the processing of Party A’s personal data under certain conditions.||
Party A has the right to request for restriction of processing of Party A’s data by contacting Party B as set out in section 4.5 under the following scenarios:
The accuracy of Party A’s data is contested by Party A, and we need a period to verify the accuracy of Party A’s data.
Party A’s data is unlawfully processed, but Party s do not want to erase it.
Party A has a legal claim that Party A needs to establish, exercise, or defend, and Party A requested Party B to keep Party A’s data when Party B would not keep it otherwise.
Party A’s request for objection is pending Party B’s verification.
If Party A has other processing restriction-related requirements, please contact Party B.
Party A may at any time withdraw the consent with respect to the collection and processing by contacting Party B to terminate this Agreement. Please refer to section 1.3 WITHDRAWAL FROM TESTING for consequence of withdrawal.
4.5 Contact information
If Party A needs to exercise Party A’s privacy rights, lodge a complaint, or consult with Party B’s Data Protection Officer (DPO) about privacy protection, please contact Party B by visiting the Privacy Questions page, we will reply as soon as possible.
Party A can also contact Party B´s European Data Protection Officer at:
Honor DPO Office
Honor Technologies Germany GmbH
Toulouser Allee 27
If Party A believes that Party B is not processing the personal data in accordance with this Agreement or the applicable data protection laws, Party A can lodge a complaint with the data protection authority.
5. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties here to regarding the subject matter hereof and supersedes all prior agreements, representations, and understandings, oral or written, between the parties regarding the subject matter hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, such provision shall be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this Agreement shall remain in full force and effect.
6. TERM AND TERMINATION
This Agreement shall take effect immediately upon Party A has confirmed per email.
The contents not covered by this Agreement will be resolved through negotiation between the two parties.
This Agreement shall be terminated three (3) months after the commercial release of the software by Party B (the activity period shall be adjusted to the actual time).
7. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed and construed by the laws of England and Wales, exclusive of the laws relating to the conflict of laws. The Court of England and Wales shall have exclusive jurisdiction over any dispute arising hereunder.
This Agreement is an electronic version which has the same legal effect as a paper version.