Terms of Service

Last updated: 30.08.2023

1. General provisions

This agreement ("Agreement") is a legally binding contract between you (“User”) and Mira ("us", "our", "we", the “Company”, the "Service", the “App”). It governs your use of the Mira mobile application and website services.

Mira is a service that allows its users to generate unique photos using artificial intelligence (AI) capabilities and communicate with other users by means of video chat. Mira is developed and designed for your personal, non-commercial use only. You may access and utilize the App solely for the purposes mentioned above.

Please carefully read and understand this Agreement as it describes your rights, responsibilities, and limitations when using our mobile application and website.

By downloading, installing, or using the Mira mobile application and website, you acknowledge that you have read, understood, and agreed to this Agreement. This Agreement becomes effective on the date you download, install, access or use the App. Your use of the App signifies your commitment to comply with the terms and conditions outlined herein.

We strive to enhance your user experience continually. Therefore, we reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed of any updates by revising this Agreement, and you waive any claim to receive specific notice of each change. It is your responsibility to periodically check updates of this Agreement to stay informed about any revisions.

2. Privacy Policy

Safeguarding your privacy is a top priority for the Service. To ensure transparency and clarity regarding the processing and storage of information, including personal data, we have formulated our Privacy Policy. By accessing and using the Service you agree to the terms outlined in the Privacy Policy, which includes how we handle your information and the lawful grounds for processing. Please read our Privacy Policy attentively. We retain the right to make periodic amendments to this Privacy Policy. If you disagree with any aspect of the Privacy Policy, you must cease using the Service immediately.

3. Limitation of Use

To use our Services, you must be at least 18 years of age. We do not knowingly collect or retain information from individuals under the age of 18. If you are under 18, you must adhere to the following conditions:

1. Confirm that your parent or guardian has read and consented to this Agreement on your behalf, securing their approval for your access and use of the Website.
2. Ensure that you possess the legal capacity to enter into a binding contract with us, free from any legal restrictions that may prohibit such actions in accordance with applicable laws.

4. Service Availability

We reserve the right to modify the Service, discontinue providing specific features, impose usage limits, or cease offering the Service altogether without prior notice. This applies to any User of the Service. Additionally, we retain the discretion to permanently or temporarily suspend or terminate your access to the Service without notice and without incurring any liability. This action may be taken for any reason, including, but not limited to, a violation of any terms outlined in this Agreement or even without a specific reason.

Even in the event of termination, whether with cause or without cause, you remain bound by the terms and conditions of this Agreement. It's essential to note that you are responsible for all mobile data usage associated with your use of the Service.

You are solely responsible for any interactions with other Users on the Service. While we reserve the right to monitor disputes between you and other Users, we are under no obligation to do so. The Company holds no liability for your interactions with other Users, nor for the actions of any User on the platform.

5. Content Within the Service

You acknowledge and accept that our Service retains the right to review and potentially remove any uploaded or generated content, including but not limited to photos, text, videos, sounds ("Content") at our sole discretion.

You bear full responsibility for any Content you publish, display, or transmit to other Users through the Service. By posting the Content in the mobile application and website, you hereby grant us a non-exclusive, fully paid, worldwide licence to utilize, reproduce, publicly perform, and display such Content on the mobile application and website. This licence includes, but is not limited to, distributing all or part of the mobile application and website through various media formats and channels.

6. Prohibited Activities

By using the Service, you agree to abide by certain rules and standards. You shall not use the Service in any manner that:

• violates the law or infringes upon any rights, including copyright, trademark, or database rights;
• contains defamatory or offensive content or behavior;
• encourages any unlawful activities.

You are strictly prohibited from:

• sharing the App with third parties or using the App for providing services to third parties or granting any rights related to the App to third parties;
• modifying, translating, reverse engineering, or creating derivative works from the App or its related services or constituent parts;
• transferring, renting, leasing, or distributing the App;
• misusing trademarks or any other displayed content on the App;
• copying, duplicating, distributing, or publishing any App content that would violate our Intellectual Property Rights;
• attempting to use the App for malicious purposes.

Regarding usage of AI Models or Video Communication in the App, you agree not to use the App or User Content:

• that violates any applicable laws or regulations;
• to exploit or harm minors;
• to spread false or harmful information or share personal identifiable information that can be used to harm individuals;
• to defame, harass, or engage in harmful conduct, or discriminate against individuals or groups based on various characteristics, or exploit vulnerabilities of specific groups for harmful purposes;
• to provide medical advice or interpretation of medical results;
• to generate or distribute information for justice, law enforcement, immigration, or asylum processes;
• to use copyrighted or trademarked materials as input content or in any other data entered while using the App.

We strictly prohibit the uploading, creating, generating by means of AI, using, sharing, distributing, or any other form of exploitation of User Content that:

• is or may be regarded illegal, defamatory, libelous, immoral, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased, offensive, slanderous, obscene, pornographic, sexually explicit, or that encourages violations of local, state, national, or international laws;
• can be used to abuse, harass, humiliate, or intimidate individuals or groups;
• advocates, supports, promotes, or assists in discrimination based on various grounds and characteristics;
• infringes upon the intellectual property rights (such as copyright, patent, trademark, trade dress, trade secret) and publicity rights of third parties, as well as their right to privacy;
• showcases, promotes, depicts, or encourages criminal activities, offenses, violent acts or illegal use of weapons and dangerous objects, or facilitates the purchase of firearms or ammunition;
• contains malicious code, such as viruses, worms, or any other potentially harmful programs, codes, or materials;
• violates any applicable laws, rules, regulations, or statutes.

Regarding your uploading, creating, generating by means of AI, using, sharing, distributing or submitting any User Content to the App, you represent and warrant that:

• you hold the copyright or necessary rights to the User Content;
• you have not licensed any conflicting rights in your User Content;
• you have obtained the required permissions for using the images of individuals or property in your User Content;
• your User Content does not contain third-party materials or visible trademarks without necessary permission;
• your User Content does not contain child photos, images, or likenesses.

We are not liable for your use of the App, and we reserve the right to take legal measures against users who violate this Agreement, as permitted by applicable laws.

7. Third Party

The Service may contain links to other websites and third-party services to provide specific functionalities (including but not limited to AI models). We do not exercise control over these websites or services, and we assume no responsibility for their content unless we are the providers of those linked websites or mobile applications. These linked websites and services are provided solely for your convenience, and we make no warranties, whether express or implied, regarding the information they contain. You are entirely responsible for and assume all risks associated with your using of third-party websites or services. In case of any claims or complaints concerning these third-party websites or services, you should communicate directly with the provider of the specific third-party website or service.

8. Disclaimer of Warranties

You assume sole responsibility for any risks associated with your use of the Service. The services, as well as all materials, information, software, and content integrated into the App, are provided on an "as is" and "as available" basis. We make no warranties, whether express or implied, including but not limited to merchantability, technical compatibility, or fitness for a particular purpose, regarding any services, products, or materials provided under this agreement. Although we are committed to providing the Service, we cannot guarantee that the functions available through the services will always be accessible, uninterrupted, or free of errors, nor can we ensure that defects will be promptly corrected. Furthermore, we make no warranties about the absence of viruses or other harmful components from the services or the servers that make them available.

Please note that any breaches of individuals' privacy resulting from your misuse of the App are entirely your responsibility. You are solely responsible for obtaining explicit, voluntary, and unambiguous consent from individuals for tracking within the App.

9. Governing Law and Liability

This Agreement is governed by the law of the Republic of Cyprus, which will apply to any claim, complaint or dispute regarding this Agreement within the court’s jurisdiction.

We assume no liability or responsibility for any violations arising from your using of the Service. Under no circumstances shall we be held liable for any type of damages, whether direct or indirect, arising from or in any way connected to the Service. We explicitly disclaim any responsibility for special, consequential, incidental, exemplary, or punitive damages, as well as any loss of profit or revenue. Furthermore, we cannot be held liable for any damages, regardless of the circumstances, arising from services offered by third parties and accessed through the App or by any other means. You acknowledge, in particular, that we bear no responsibility for costs or damages incurred as a result of legal actions initiated by any party or entity in connection with your using of the Service in any country.

You agree that your use of the App and/or User Content is entirely at your own risk. You accept full responsibility for any consequences arising from your use of the App and/or User Content. Moreover, you agree to indemnify and hold us, as well as any of our associated partners, affiliates and parties, harmless from any and all liabilities, complaints, expenses, or damages of any kind resulting from your use of the Service, the User Content, or your failure to comply with the terms and conditions outlined in this Agreement.

10. Intellectual Property

By using the Service, you agree to respect our intellectual property rights, which include the App's source code, UI/UX design, content materials, copyrights, and trademarks, collectively referred to as "Intellectual Property Rights." You are also obligated to respect the Intellectual Property Rights of associated third parties. While you continue to employ the App, we extend to you a restricted, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable authorization to access and use the Service in accordance with the terms stipulated in this Agreement. Your usage of the Service is strictly limited to personal, non-commercial purposes.

Our Service, along with the associated content, such as images, scripts, photos, sounds, videos, information, content, and any other materials, services, features and technologies, available through our Service ("Service Content"), as well as any trademarks, are the property of us and/or our associated partners or third parties. With the exception of the limited usage rights explicitly provided in these Terms of Service, you shall not acquire any entitlement, title, or interest in our Services or any Service Content. Any rights not explicitly granted within these Terms of Service are expressly reserved.

11. Virtual Currency and Subscriptions

a. Virtual Currency

The Service may offer internal Virtual Currency which can be acquired by the User to access additional features within the platform.

By using the Virtual Currency, the User agrees that:

- the Service bears no liability to them concerning the management and use of Virtual Currencies as well as about the exercise of the Company’s rights related to Virtual Currency.

- the Service may verify User identity and eligibility to use Virtual Currencies.

- purchases with Virtual Currency are non - sub - licensable, non - refundable, and non - transferable.

- the User does not own Virtual Currency when they purchase or receive Virtual Currency products.

- the Service may alter the price for Virtual Currency at any time, as well as the ways it can be used within the Service.

- the Service may set expiration dates for, revoke or cease issuing Virtual Currency at any time without prior notice, refunds, or compensation.

- the Service is not responsible for repairing or replacing Virtual Currencies, providing credit or refunds in case of modifications, suspensions, or terminations of Virtual Currencies or related features, or for any losses or damages caused by any reasons.Virtual Currency cannot be exchanged for cash or any monetary value.

- if the User deletes their account or has their account terminated for any reason, they will lose all their Virtual Currency without any refund or compensation.

b. Subscriptions

The User may choose to purchase a subscription within the Application. If the User agrees to purchase a subscription, they agree and give their consent to the following:

- When the User confirms the purchase, payment will be charged to their Apple iTunes or Google account.

- The subscription will automatically renew unless the User disables the auto - renewal at least 24 hours before their current subscription expires.The User can manage their subscription via their Apple iTunes or Google account settings.

- Subscriptions are non - refundable and non - transferable, even if they expire or are discontinued.Subscriptions cannot be redeemed for any monetary sum or monetary value.The Service reserves the right to change the purchase price for subscriptions at any time, as well as modify the features included in subscriptions, discontinue offering subscriptions or set expirations dates for them

- If the User acquires a subscription with an introductory(discounted) price, upon renewal they will be charged the original(higher) price.If the Service offers a free trial for a subscription, and the User has already used this free trial, they won’t be able to use it again, and they will be charged the full price for their subscription.

- The User may cancel their subscriptions via a third - party account following the procedures outlined by that specific third party and in accordance with their Terms of Service(see below). In case of cancellation of subscription, the subscription benefits will remain active until the end of the current subscription term.

- If the Service terminates the membership of the User(which may occur at any time and for any reason without prior notice including but not limited to breaches of these Terms and Conditions), the User will not be eligible for a refund of any unused portion of subscription fees, if applicable.In case of such membership termination, these Terms and Conditions will remain in effect.

c. Acquisition of Paid Features

Paid features within the Service can be purchased via third-party platforms, such as Apple iTunes account or Google Play account ("Third Party Account"). When the User purchases any of the paid features via a Third-Party Account, the billing for these features will be managed through their Third-Party Account.

12. Contact

If you have any questions, claims or complaints regarding this Agreement please contact us at info@mira.chat.