Terms Of Service
Last Revised: July 20th, 2024
1. General
These Terms of Service ("TOS" or “Terms of Service”) govern your use of Maaven Techno Solutions' ("Miyabee," "us," "we," or "our") website and mobile app, including our AI-driven fashion shopping assistant (collectively, the “App”) and the services, features, content, and applications available on the App (collectively, the “Services” or “Miyabee”). Our Privacy Policy and any other policies, rules, or guidelines that may be applicable to particular offers or features on the App are also incorporated into these TOS. Our Privacy Policy can be found here: https://miyabee.ai/privacy-policy. By visiting or using the App, you expressly agree to these TOS, as updated from time to time. If you do not agree with these TOS, please do not access and/or use our Services.
Some of our Services may be offered to you from time to time and may be subject to additional terms and conditions, which are incorporated by reference into these TOS. If there is a conflict between these TOS and such other additional terms and conditions, the additional terms and conditions will govern.
We may make changes to these TOS at any time. Any changes we make will be effective immediately when we post a revised version of these TOS on the App. The "Last Revised" date above will tell you when these TOS were last revised. By continuing to use this App after that date, you agree to the changes.
2. Age Requirement
The App is not intended for children under the age of 13, and no person under the age of 13 may use the App. If you use the App, you affirm that you are at least 13 years old. If you are over the age of 13 but under the age of 18, your use of our App is subject to parental consent requirements. We may refuse to offer our Services to anyone and may change our eligibility requirements at any time, at our sole discretion.
3. Term
These TOS will remain in effect for as long as you are using our Services or until we or you delete your account or remove your access to our App, as provided elsewhere in these TOS. All provisions of these TOS which by their nature should survive termination shall survive termination, including but not limited to licenses of User Content, ownership clauses, warranty disclaimers, indemnification, and limitations of liability.
4. Account Registration
You will be required to register for an account (either on our App or through a third-party site such as Google) to use certain features of the App or sign up for the Services. Your account username may not include the name of another person with the intent to impersonate that person or be offensive, vulgar, or obscene. Your account username and unique identifiers and access codes are personal to you. You will be responsible for the confidentiality and use of your username and password and for all activities (including commercial transactions) conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to the disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You must immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breaches. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership of your account or your username. We may refuse registration, cancel an account, or deny access to the App for any reason. Your account will be visible to other users. You may delete your account or request that we delete your personal customer data by emailing us at hello@miyabee.ai.
5. Third-Party Access and Authorization
You permit us to access certain information from your third-party account(s) for use in connection with our Services, and you represent that you are entitled to grant us such access without breach by you of any third-party account terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations. By granting Miyabee access to your third-party account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your third-party account ("Third-Party Account Content") accessible through the Services so that it is available on your account. Unless otherwise specified in these TOS, all Third-Party Account Content will be considered your User Content (as defined below) for all purposes under these TOS. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY ACCOUNT(S), AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY THIRD-PARTY ACCOUNT(S) IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNT(S).
6. Code of Conduct
You agree that you will comply with all applicable laws, rules, and regulations and that you will not:
7. Ownership of Data, Content, and Grant of Conditional License
The App contains data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, HTML code, source code, or software that resides or is viewable, submitted, or otherwise discoverable on the App, including your metadata and interactions with our Services (collectively, the "Content") that is owned by us or our licensors. We own the copyright in the App and Content. We may change the Content and features of the App at any time. We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or use this App and its Content as permitted by these TOS. As a condition precedent, you agree that you will not:
The license that we are giving you to use the App and its Content is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Data, Content, and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the App or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the App and Content, and infringes our copyrights and/or the copyrights of our licensors and other rights in the App and Content. You will not acquire any ownership rights by using the App or the Content.
8. Claims of Copyright Infringement on the App
If you believe in good faith that any content on the App infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Notices and counter-notices should be sent to: hello@miyabee.ai.
9. Links
The App may contain links and access to other websites or apps that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked websites. Your use of other websites is at your own risk and is subject to the terms of those websites. We assume no responsibility for compliance with the requirements of those websites, or obligations owed to you by such third parties, or such third parties’ obligations to you. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the App or other websites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature. You agree that we may share aggregated and anonymized data concerning your behavior and activities while using the App with third parties.
10. Mobile Messaging
We may offer browsing and mobile messaging services, which may include alerts. Mobile messaging may be provided by a third party. Message and data rates may apply, according to your rate plan provided by your wireless carrier. We will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive our alerts if your carrier does not permit text alerts. Your carrier may not allow you to use prepaid phones or calling plans to receive alerts. We may send you a bounce-back message for every message you send to us. Service may not be compatible with all wireless carriers or devices. You may opt out of any alerts as specifically provided by any third-party provider.
We are not responsible for the accuracy of any information displayed in our mobile messaging, for any mis delivery or untimely delivery of any mobile messaging, or your deletion or failure to store any mobile messaging from us.
11. Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments, and suggestions (collectively “Feedback”) for improvements to the App and Services. You may submit feedback through the in-product feedback form or by emailing us at hello@miyabee.ai. You acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting, and maintaining its intellectual property rights and other legal protections for the Feedback.
12. Violation of These TOS
We may investigate any violation of these TOS, including unauthorized use of the App. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us with a sufficient remedy and that we may pursue injunctive or other relief for your violation of these TOS. If we determine that you have violated these TOS or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content, and prevent you from accessing the App at any time without notice to you. If that happens, you may no longer use the App or any Content. You will still be bound by your obligations under these TOS. You agree that we will not be liable to you or any third party for the termination of your access to the App or to your account or any related information, and we will not be required to make the App or your account or any related information available to you. We may refuse to honor pending and future transactions made from all accounts we believe may be associated with you.
You agree that your abusive use of the App may cause damage and harm to us, including impaired goodwill, lost sales, and increased expenses. You also agree that monetary damages for your abusive use of the App are difficult to determine and that you, and those acting with you, will be jointly and severally liable for liquidated damages.
13. Disclaimer of Warranties
WE PROVIDE THE APP AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE APP UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE APP WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT THE APP WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
14. Dispute Resolution
You and we agree that any dispute, claim, or controversy arising out of or relating to these TOS or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the App (collectively, “Disputes”) will be settled by binding arbitration; except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Miyabee otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these TOS.
Arbitration Rules and Governing Law
The arbitration will be administered by the Indian Council of Arbitration (ICA) in accordance with the Arbitration and Conciliation Act, 1996, as amended, and the ICA Rules then in effect, except as modified by this “Dispute Resolution” section. The governing law for this agreement will be Indian law, and the venue for arbitration shall be in [New Delhi, India].
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the ICA Rules. The ICA provides a form Demand for Arbitration at [ICA Link]. The arbitrator will be either a retired judge or an attorney licensed to practice law in India and will be selected by the parties from the ICA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the ICA will appoint the arbitrator in accordance with the ICA Rules.
Arbitration Location and Procedure
Unless you and we otherwise agree, the arbitration will be conducted in [New Delhi, India]. If your claim does not exceed ₹10,00,000, then the arbitration will be conducted solely on the basis of documents you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds ₹10,00,000, your right to a hearing will be determined by the ICA Rules. Subject to the ICA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the timeframe specified in the ICA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees
Your responsibility to pay any ICA filing, administrative, and arbitrator fees will be solely as set forth in the ICA Rules. However, if your claim for damages does not exceed ₹1,00,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose.
No Class Action
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Right to Opt-Out of Arbitration and Class Action/Jury Trial Waiver
You may opt-out of this arbitration and class action/jury trial waiver provision by notifying us in writing within 30 days of the date you first registered for the Services. To opt-out, you must send a written notification to hello@miyabee.ai that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt-out of the above arbitration and class action/jury trial waiver provisions.
15. Revisions
These TOS are subject to revision. We will notify you of any changes to our TOS by posting the new TOS on this App. After we make the change, we will change the "Last Revised" date above. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the App. You are responsible for providing us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these TOS will be effective upon the earlier of thirty (30) calendar days following the sending of our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes. These changes will be effective immediately for new users of our App. The continued use of the App following notice of such changes constitutes your agreement to be bound by the terms and conditions of such changes.
16. Miscellaneous
These TOS are the entire agreement between you and us with respect to the Services, including use of the App, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Services. If any provision of these TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these TOS will otherwise remain in full force and effect and enforceable.
The communications between you and us use electronic means, whether you use the Services or send us emails, or whether we post notices on the App or communicate with you via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. This does not affect your non-waivable rights. Electronic notices should be sent to hello@miyabee.ai .
Our failure to enforce any part of these TOS shall not constitute a waiver of our right to later enforce that or any other part of these TOS. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these TOS to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
17. Questions
If you have any questions, comments, or complaints regarding these TOS or the App, please contact us at:
Email: hello@miyabee.ai
