# Terms of Service #### 1. Introduction and Acceptance Welcome to MIRAI. The MIRAI services are operated by a corporation organized under the laws of the State of Delaware, USA (hereinafter "the Company," "we," "us," or "our"). These Terms of Use ("Terms") are a binding legal agreement between you (an individual user or, if applicable, the entity you represent) and the Company. These Terms govern your access to and use of the MIRAI services, which include our website(s) (such as mirai.fun), our companion mobile applications (the "Apps"), and all related content, software, features, and tools (collectively, the "Services"). By accessing, using, or registering for our Services, or by clicking "I Agree" (or a similar prompt), you are confirming that you have read, understood, and consent to be legally bound by these Terms and acknowledge our Privacy Policy. If you are using the Services for an organization (like an employer, "Organization"), you agree to these Terms on behalf of that Organization, and you represent that you have the authority to bind it. In that case, "you" and "your" will refer to both you as an individual and that Organization. Please read these Terms carefully. If you do not agree with them, do not use the Services. *** #### 2. Your Account and Responsibilities * Registration: You agree to provide accurate and complete information when creating your account. You are not authorized to use the Services if you are under 13 years old (or under 16 years old for EU citizens or residents, or 14 for residents of South Korea). * Account Security: You are fully responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use or security breach. We are not liable for losses caused by your failure to protect your account. * Account Ownership & Limits: You do not have an ownership right in your User Account or the data stored on our servers. We may establish practices and limits concerning the use of the Services, such as data retention periods, storage space, and terminating inactive accounts. We are not responsible for the deletion or failure to store any of your data. * Organizational Accounts: If you use a work email or are otherwise deemed to be using the Services on behalf of an Organization, that Organization is bound by these Terms. We may share information about your use with your Organization, and your Organization is liable for your (and other "Org Users'") actions and compliance. * Electronic Communications: You consent to receive electronic communications from us (via email or within the Services) regarding your account, service updates, and other platform-related information. *** #### 3. Privacy and Data Our Privacy Policy (which is part of these Terms) explains how we collect, use, and protect your personal information. If you provide personal information about other individuals to us, you represent and warrant that you have obtained their permission and all necessary legal consents to do so. *** #### 4. User Content and Conduct **4.1. Your User Content** The Services may permit you to submit, post, or share content, such as text, images, videos, or profile information ("User Content"). You are solely responsible for all User Content you provide. If you are an Org User, we may, at our discretion, treat your User Content as belonging to your Organization. **4.2. Prohibited Conduct** You agree to follow our Community Guidelines (which are incorporated into these Terms) and agree not to do, or submit any User Content that: (a) Infringes or violates any intellectual property rights (like copyright or trademark) or other proprietary rights. (b) You do not have the legal right to share. (c) Contains software viruses, worms, or any other harmful computer code. (d) Creates a privacy or security risk for any person. (e) Is unsolicited advertising, "spam," "junk mail," pyramid schemes, or other solicitations. (f) Is threatening, harassing, abusive, excessively violent, or tortious. (g) Is defamatory, libelous, or verifiably false with intent to harm. (h) Constitutes hate speech, discrimination, or promotes violence. (i) Is obscene, pornographic, or sexually explicit. (j) Constitutes sexual harassment, exploitation, or abuse of minors (including grooming or sharing CSAM). (k) Glorifies self-harm, suicide, or eating disorders. (l) Promotes terrorism, violent extremism, or criminal activity. (m) Seeks to buy or sell illegal drugs. (n) Facilitates automated decision-making that negatively impacts legal rights. (o) Attempts to provide medical, legal, financial, or tax advice. (p) Interferes with or disrupts the Services, servers, or networks. (q) Violates anyone's right of publicity (e.g., using their name or likeness without permission). (r) Is, in our sole judgment, objectionable or harmful to the Company or other users. You also agree not to: (s) Violate any applicable laws or regulations. (t) Impersonate any person or entity. (u) Solicit personal information from anyone under 18. (v) "Scrape," harvest, or collect user information by automated means. (w) Sell, lease, or sublicense any part of the Services. (x) Attempt to reverse engineer, decompile, or discover the source code of the Services (unless permitted by open-source licenses). (y) Use our voice features to create "deepfakes," impersonate others without consent, or create misinformation. We reserve the right to investigate and take appropriate action, including removing content, suspending or terminating your account, and reporting you to law enforcement, if you violate these terms. *** #### 5. AI-Generated Output, Usage Data, and Feedback **5.1. AI Output** You may use the output generated by the Services ("Output") for any lawful purpose, so long as you comply with these Terms. Your use of the Output does not grant you any ownership of the Company's intellectual property. * You agree not to represent Output as human-generated. * You agree not to use the Output to train your own machine learning models. * We reserve the right to limit or revoke your right to use the Output if we believe it may infringe on third-party rights. IMPORTANT: OUTPUT DISCLAIMER AI AND MACHINE LEARNING ARE EVOLVING TECHNOLOGIES. DUE TO THE NATURE OF THE SERVICES, OUTPUT MAY NOT BE UNIQUE TO YOU AND MAY BE SIMILAR OR IDENTICAL TO OUTPUT GENERATED FOR OTHER USERS. THE SERVICES MAY PRODUCE INCORRECT, INACCURATE, OR OBJECTIONABLE OUTPUT THAT DOES NOT REFLECT REALITY. OUTPUT MAY CONTAIN "HALLUCINATIONS." YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY AND APPROPRIATENESS OF ANY OUTPUT. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR HARM ALLEGEDLY INCURRED FROM YOUR USE OF, OR RELIANCE ON, ANY OUTPUT. **5.2. Usage Data** We may collect diagnostic, technical, and usage-related information ("Usage Data") from your use of the Services. We will own all Usage Data. To the extent you have any rights in it, you hereby assign all such rights to us. We may use this data for any lawful purpose, including improving our Services, developing new features, and sharing aggregated or de-identified analytics. **5.3. Feedback** If you provide us with any suggestions, recommendations, or other feedback regarding the Services ("Feedback"), you grant us a perpetual, worldwide, irrevocable, royalty-free, fully-paid right to use, implement, and incorporate that Feedback for any purpose, without attribution or compensation to you. *** #### 6. Fees, Payments, and Subscriptions We offer both free and paid Services. If you purchase paid Services, you agree to pay the applicable fees. * Billing: We may bill you on a one-time or recurring subscription basis. You authorize us to charge your designated payment method. You must keep your payment information accurate and current. * Price Changes: We may change our prices. For subscription increases, we will provide at least 3 days' notice before your next renewal. * Cancellations: You may cancel your subscription at any time, but you may not receive a refund for any fees already paid. **6.1. Virtual Currency** The Services may offer a virtual currency ("MIR") to access certain content or features. * No Monetary Value: MIR is not money. It has no monetary value and cannot be redeemed for cash. It is not your personal property. * Limited License: We grant you a limited, non-transferable, revocable license to use MIR for personal use within the Services only. * Sales are Final: All purchases of MIR are final and non-refundable, unless required by law or we decide otherwise in our sole discretion. * No Transfers: You are strictly prohibited from selling, gifting, trading, or otherwise transferring MIR to anyone else. * Limits & Expiration: We may set limits on the amount of MIR you can hold or purchase. Promotional ("Free") MIR may expire. When you use MIR, Free MIR will be deducted from your account first. * Discontinuation: We may discontinue the MIR system with at least one (1) month's notice, at which point all unused MIR will expire. * iOS Users: If you use the App on iOS without an account, any MIR you purchase are stored only on that device and will be permanently lost if you delete the app. *** #### 7. Intellectual Property **7.1. License to Your Content** You retain ownership of your User Content. However, to operate and improve the Services, you grant the Company a broad, worldwide, perpetual, irrevocable, royalty-free, fully-paid, transferable, and sublicensable license to use, copy, modify, distribute, display, perform, and create derivative works from your User Content in any media or form. This license continues even if you delete your content or account. **7.2. AI Characters and Generations** * Your Created Characters: You own the AI characters ("Characters") you create using the Services, as well as the text, images, or video the Character generates in response to your prompts ("Generations"). * License Grant to the Company: You grant the Company a license (identical to the one in 7.1) to use your Characters and Generations. This license allows us, among other things, to facilitate other users' ability to interact with the Characters you create and to promote the Services. * Interacting with Others' Characters: When you interact with a Character created by the Company or another user, you own the Generations you elicit, but you do not own the Character itself. You grant the Company the same license (as in 7.1) to the Generations you elicit from these Characters. **7.3. Our Intellectual Property** The Services, including all underlying software, content, and features (excluding your User Content), are protected by copyright, trademark, and other proprietary laws. The "MIRAI" name and logos are our trademarks. You agree not to data mine, scrape, or use any automated methods to extract data from the Services. You are granted no rights or licenses to our intellectual property except as expressly stated in these Terms. **7.4. Third-Party Content and AI Output** We are not responsible for, and do not endorse, content provided by third parties (including other users). You acknowledge that AI-generated content is unpredictable and may be inaccurate or offensive. You agree to evaluate and bear all risks associated with using any User Content or Generations, and you acknowledge that you rely on them at your own risk. We have the right (but not the obligation) to review, screen, or remove any content (including User Content, Characters, and Generations) at our discretion. *** #### 8. Mobile Applications If you use our Apps: * License: We grant you a non-exclusive, limited, non-transferable, revocable license to use the compiled code of the App on a device you own or control, solely in accordance with these Terms. * Upgrades: You consent to us automatically upgrading the App on your device. * iOS App (Apple): You acknowledge that these Terms are between you and the Company, not Apple. Apple has no responsibility for the iOS App or any obligation to provide support. Apple and its subsidiaries are third-party beneficiaries of these Terms. * Android App (Google): You acknowledge that these Terms are between you and the Company, not Google. Google is a third-party beneficiary of these Terms. *** #### 9. Copyright Policy (DMCA) We respect intellectual property rights. If you believe your copyrighted work has been infringed upon, please send a "DMCA Notice" to our designated agent at . To be valid, your notice must include: * Your physical or electronic signature. * Identification of the copyrighted work you claim is infringed. * A description of where the infringing material is located on our Services. * Your contact information (address, phone number, email). * A statement that you have a good faith belief the use is unauthorized. * A statement, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf. We have a policy of terminating the accounts of repeat infringers in appropriate circumstances. *** #### 10. Third-Party Links and Services The Services may contain links to third-party websites or resources. We do not control or endorse, and are not responsible for, these third-party services. You agree that the Company is not liable for any loss or damage caused by your use of or reliance on them. *** #### 11. Indemnification You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, and employees from any and all losses, damages, expenses (including reasonable attorneys' fees), and claims arising out of or related to: (a) your use of the Services, (b) your violation of these Terms, or (c) your User Content. * California Residents: You waive California Civil Code Section 1542. *** #### 12. Disclaimer of Warranties YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY RESULTS (INCLUDING AI OUTPUT) WILL BE ACCURATE OR RELIABLE. YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. *** #### 13. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) YOUR USE OF, OR INTERACTION WITH, ANY CONTENT, CHARACTER, OR GENERATIONS; (III) UNAUTHORIZED ACCESS TO YOUR ACCOUNT; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (I) $100; OR (II) THE AMOUNT YOU PAID THE COMPANY (IF ANY) IN THE LAST SIX MONTHS. *** #### 14. Dispute Resolution and Binding Arbitration
**14.1. Applicability** This Arbitration Agreement applies to any dispute between you and the Company, except for small claims court cases or disputes over intellectual property infringement. **14.2. Informal Dispute Resolution** Before filing for arbitration, both parties agree to first try to resolve the dispute informally. The initiating party must send a written "Notice" to the other. A Notice to the Company must be sent via email to . We will then hold an "Informal Dispute Resolution Conference" via phone or video within 45 days. This conference is a mandatory prerequisite to arbitration. **14.3. Arbitration Rules** If the informal process fails, the dispute will be resolved by binding arbitration administered by JAMS under its Streamlined or Comprehensive Arbitration Rules (depending on the claim amount). The Federal Arbitration Act governs this agreement. **14.4. Waiver of Jury Trial** YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL BY A JUDGE OR JURY. **14.5. Waiver of Class or Other Non-Individualized Relief** ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU AND THE COMPANY AGREE TO WAIVE ALL RIGHTS TO HAVE ANY DISPUTE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. **14.6. Batch Arbitration** To ensure efficiency, if 100 or more similar individual arbitration requests are filed by or with the help of the same law firm within a 30-day period, JAMS will administer them in batches of 100 as a single consolidated arbitration per batch ("Batch Arbitration"). **14.7. 30-Day Right to Opt Out** You can opt out of this Arbitration Agreement. You must send a written notice of your decision to opt out to: , within 30 days after first becoming subject to these Terms. *** #### 15. Termination We may, in our sole discretion, suspend or terminate your account or access to the Services for any reason, including if we believe you have violated these Terms. You may appeal a termination by contacting us. You may stop using the Services at any time. Terminating your account does not relieve you of any obligation to pay outstanding fees. Survival: The following sections, along with all their respective subsections, will survive any termination of these Terms: "Privacy and Data," "Fees, Payments, and Subscriptions" (with respect to fees due and unpaid), "User Content and Conduct," "AI-Generated Output, Usage Data, and Feedback," "Intellectual Property," "Copyright Policy," "Third-Party Links and Services," "Indemnification," "Disclaimer of Warranties," "Limitation of Liability," "Dispute Resolution and Binding Arbitration," and "Miscellaneous (General Terms)." *** #### 16. Miscellaneous (General Terms) * Entire Agreement: These Terms (and the Privacy Policy) constitute the entire agreement between you and the Company. * Governing Law: These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you and the Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Delaware. * Severability: If any part of these Terms is found to be invalid, the remaining provisions will remain in full force and effect. * No Waiver: Our failure to enforce any provision is not a waiver of our right to do so later. * Statute of Limitations: You agree that any claim related to the Services must be filed within one (1) year after the claim arose, or be forever barred. * Assignment: You may not assign these Terms without our consent. We may assign these Terms freely. *** #### 17. Changes to These Terms We reserve the right to modify these Terms. We will notify you of changes by posting them on our website, through the Apps, or by other means. We will provide at least 30 days' advance notice for changes that materially and adversely impact you. For all other changes, they will be effective 7 days after posting (or immediately for new features or legal reasons). Your continued use of the Services after the changes become effective constitutes your acceptance of the new Terms. *** #### 18. Contact Information For questions or to report violations, please contact us at: . \
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