Miku Terms Of Service

Effective Date: 9/22/2023

Last Updated On: 6/12/2024

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS INCLUDING POSSIBLE RECURRING SUBSCRIPTION TERMS.

IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. PLEASE READ THE TERMS BELOW AS THEY MAY IMPACT YOUR RIGHTS.

Welcome to Miku. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). Please note that we do not ship our products or otherwise offer our Services outside of the United States or Canada at this time. Accordingly, we do not currently provide any warranties or support to users outside of the United States or Canada. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@mikucare.com.

These Terms of Service (the “Terms” or “Agreement”) are a binding contract between you and Innovative Health Monitoring LLC, D/B/A Miku (“Miku,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. By using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. By continuing to access and use the Services, you agree that such use is legally sufficient consideration under these Terms. 

For information on how we handle and protect your personal information, please see our Privacy Policy. 

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

We are committed to making the Services accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of the Services, please contact us at: support@mikucare.com.. 

 

• Will these Terms ever change?
• What about my privacy?
• What are the basics of using Miku?
• Are the Services medical devices or approved by the U.S. Food and Drug Administration?
• Your use of the Services is subject to the following additional restrictions: What are my rights in Miku?
• Do I have to grant any licenses to Miku or to other users?
• What if I see something on the Services that infringes my copyright?
• Who is responsible for what I see and do on the Services?
• Will Miku ever change the Services?
• Does Miku cost anything?
• Billing
• Payment Method
• Recurring Billing
• Current Information Required Change in Amount Authorized Auto-Renewal for Paid Subscriptions
• Free Trials and Other Promotions
• What is Miku’s shipping policy?
• What occurs if a product changes?
• What is Miku’s return policy?
• What if I want to stop using Miku?
• I use the Miku App via the Apple App Store or Google Play – should I know anything about that?
• What else do I need to know?
• Limitation of Liability
• Indemnity
• Assignment
• Arbitration
• Class Action
• Hearing Award
• Injunctive Relief
• Coordinated Proceedings 
• Governing Law and Jurisdiction
• Miscellaneous Consent to Communication
• Terms for Users in Certain Geographic Locations

  

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will do our best to bring it to your attention by placing a notice on the Miku website, by sending you an email, and/or by some other means.

If you use the Services in any way after a change to the Terms are effective, you agree to the changes to the Terms.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Miku takes the privacy of its users seriously. For the current Miku Privacy Policy, please click here.

Any personal data we collect about children is collected from you as the parent or guardian of the child if you voluntarily submit such data in our Services, or through the Miku monitoring device as set up by you.

What are the basics of using Miku?

You may be required to sign up for an account, and select a password and username (“Miku User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Miku User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We aren’t responsible for you using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. You agree to notify us of any unauthorized use of your Miku User ID or if you become aware of any security breach or of possible unauthorized use of your account. You are restricted to creating one account and have the option to delete your account.

Are the Services medical devices or approved by the U.S. Food and Drug Administration?

The Services, Content and our products are not medical devices and are not intended to be used as medical devices. Furthermore, the Services and the products are neither regulated nor approved by the U.S. Food and Drug Administration and are not designed to detect or prevent causes of any medical condition. The Services and Content are not a substitute for medical care or adult supervision. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, CONTENT AND THE PRODUCTS IS ENTIRELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST, OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, TREATMENT, OR CHANGE TO YOUR CHILD’S BEHAVIOR, INCLUDING SLEEP OR BREATHING PATTERNS. NEVER DELAY OR DISREGARD PROFESSIONAL MEDIAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR UNDERSTOOD THROUGH OUR SERVICES. WE ARE NOT RESPONSIBLE FOR YOU CHOOSING TO SEEK OR NOT SEEK CERTAIN MEDICAL CARE BASED ON YOUR EXPERIENCE WITH OUR SERVICES.   

OUR SERVICES WERE CREATED TO HELP PARENTS TRACK FACTORS THAT AFFECT THEIR BABY’S SLEEP SCHEDULE AND GENERAL WELLBEING. IT IS NOT INTENDED TO CURE, TREAT, OR PREVENT ANY DISEASE OR HEALTH CONDITION, INCLUDING, BUT NOT LIMITED TO, SUDDEN INFANT DEATH SYNDROME (SIDS). NO BABY MONITOR CAN EVER REPLACE YOU AS A CAREGIVER OR SUBSTITUTE ASKING YOUR DOCTOR FOR MEDICAL ADVICE.

Services are intended to be used only for the purposes outlined in the specific product’s instructions. Failure to use the Services correctly may cause the Services to not function correctly and cause unintentional harm to the child. We disclaim all liability in accordance with these Terms relating to your improper use of such Services.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Miku);

(b) Violates any law or regulation;

(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) Jeopardizes the security of your Miku account or anyone else’s (such as allowing someone else to log in to the Services as you);

(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) Violates the security of any computer network, or cracks any passwords or security encryption codes, including disseminating any viruses, worms, spyware, adware, or other malicious computer code, file, or program that is harmful or invasive or is intended to damage the operation or any part of the Services;

(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

(h) “Crawls,” “scrapes,” or “spiders” or deploys or uses “bots” on any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); including, without limitation, using bots to mine coins, to spam users, or to create new user accounts.

(i) Copies or stores any significant portion of the Content;

(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of, or relating to, the Services;

(k) Interferes in any manner with the operation or hosting of the Services or monitor the availability, performance, or functionality of the Services;

(l) Impersonates any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services, or express or imply that we endorse any statement you make;

(m) Builds a competitive product or service using the Services, or builds a product or service using similar ideas, features, functions, or graphics as the Services or determines whether the Services are within the scope of any patent;

(n) Posts or transmits through the Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers or health information, unless specifically requested by us.

A violation of any of the foregoing is grounds for automatic termination of your right to use or access the Services.

What are my rights in Miku?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Miku’s) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. If you wish to use any Content for commercial purposes, you may contact us at support@mikucare.com and we may, in our sole discretion, permit or deny your request to use the Content for commercial purposes. If you download anything through the Services, we make no representations that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with us or a third party.

We do not guarantee that any Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Services.

If you are a resident of the United States or Canada, we will provide access, on a hosted basis, to  software that allows for performance of the Services (“Software”) via an online user interface or application, in accordance with our publicly available information (the “Company Information”) on the date you register (the “Effective Date”). We shall provide you the necessary passwords, access codes, technical specifications, connectivity standards, security policies, network links, or other necessary procedures, as may be necessary for you to access the Software. We shall use commercially reasonable efforts to host and make available the Software, provided that nothing herein shall be construed to require us to provide for or bear any responsibility with respect to any telecommunications or computer network hardware required by you to provide access from the Internet to the Software. You shall be solely responsible for providing and maintaining all hardware and software and other requirements for your use of the Software. You shall be solely responsible for all dealings with participants or users of the Services.

The Services and Company Information and all Intellectual Property Rights in the foregoing, are our exclusive property and our suppliers. Intellectual Property Rights means any and all now known or hereafter existing:

(a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights;

(b) trademark or service mark rights;

(c) trade secret rights;

(d) patents, patent rights, and industrial property rights;

(e) layout design rights, design rights, and other proprietary rights of every kind and nature other than trademarks, service marks, trade dress, and similar rights; and

(f) all registrations, applications, renewals, extensions, or reissues of the foregoing, in each case in any jurisdiction throughout the world.

All rights in and to the Services not expressly granted to you in these Terms are reserved by us and our suppliers. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Services, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the Services. If you provide us any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Do I have to grant any licenses to Miku or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions.

By submitting User Submissions through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of the the Services a non-exclusive, perpetual license to access your User Submissions through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license to us and our users does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Finally, you understand and agree that Miku, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What if I see something on the Services that infringes my copyright?

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.

If you believe that any Content on the Services infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;

The URL or other specific location on the Services that contains the alleged infringing material described in above, with reasonably sufficient information to enable us to locate the alleged infringing material;

Your name, mailing address, telephone number and email address;

The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Designated Agent: Greenberg Traurig Denver

Email: DMCAAgent@Gtlaw.com

Address: 1144 15th St., Suite 3300, Denver, CO  80202

Phone: 3035726500

To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.

We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information: 

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;

Your name, mailing address, telephone number and email address;

The following statement: “I consent to the jurisdiction of [insert one of the following]: (1) “the Federal District Court in which my mailing address is located”, or (2) if you reside outside of the United States, “the United States District Court for the New Jersey””;

The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;

The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and

Your signature, in physical or electronic form.

Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services.

 

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by Miku. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Miku is not responsible for such risks. We encourage you to be aware that, when you leave the Services, you should read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Miku has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party website or by any third party that you interact with through the Services. In addition, Miku will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Miku shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Miku is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Miku, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Will Miku ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Does Miku cost anything?

Certain parts of our Services may be subject to payments now or in the future (the “Paid Services”). As part of our ongoing goal to provide you with the best service possible and maximize options for you to care for your child, we may change our Paid Services at any time, including eliminating part or all of the Paid Services. We reserve the right to change any or all of the Paid Services at any time without notice. For an updated list of Paid Services, please see our website.  Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

Billing

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Payment Method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Recurring Billing

Some of the Paid Services may be sold as a subscription, consisting of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you (“Paid Subscription”). By choosing a Paid Subscription, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. YOU MAY TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD WITHIN YOUR USER SETTINGS MENU OR BY CONTACTING US AT SUPPORT@MIKUCARE.COM.

Current Information Required

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE WITHIN YOUR USER SETTINGS MENU OR BY CONTACTING US AT SUPPORT@MIKUCARE.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SUBSCRIPTIONS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SUBSCRIPTIONS AS SET FORTH ABOVE.

Change in Amount Authorized

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Auto-Renewal for Paid Subscriptions

Any Paid Subscription(s) you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Subscription(s) at any time, go to your App Store Provider settings or go to accounts.mikucare.com, depending on how you subscribed with our Services. If you terminate a Paid Subscription, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR APP STORE PROVIDER  OR ACCOUNT.MIKUCARE.COM OR TERMINATE YOUR MIKU ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, MIKU WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

Reaffirmation of Authorization. Your non-termination or continued use of a Paid Subscription reaffirms that we are authorized to charge your Payment Method for that Paid Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Subscription.

Free Trials and Other Promotions

Any free trial or other promotion that provides access to free Services or free Paid Subscriptions must be used within the specified time of the trial. You must stop using a Paid Subscription before the end of the trial period in order to avoid being charged for that Paid Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Subscription, please contact us at Support@mikucare.com. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on our Services.

What is Miku’s shipping policy?

At Miku, we process orders Monday through Friday from our fulfilment centers. Although not guaranteed, most orders are shipped the next business day. Please allow at least one (1) business day for orders to process. Shipping fees may vary and can be found as calculated during the order completion process before checkout. We usually only ship to one shipping address. If you would like to ship to multiple addresses, please place separate orders for each unique address.

What occurs if a product or subscription changes?

We may make improvements and/or changes in products or Services sold on our site. We reserve the right to change the Services, Paid Services and Paid Subscriptions advertised or offered for sale, the price or specifications of the Services, Paid Services or Paid Subscriptions, and any promotional offers with respect to the Services, Paid Services, or Paid Subscriptions. We cannot guarantee that the Services, Paid Services, or Paid Subscriptions will be available when ordered or thereafter and reserve the right to limit quantities sold or made available. We do not warrant that the information about the Services, Paid Services, or Paid Subscriptions is accurate, complete, reliable, current or error-free and we reserve the right to modify, cancel, terminate or not process orders when price or other material information about our Services, Paid Services, Paid Subscriptions was inaccurate. If we do not process your payment or order for such reasons, we will not charge you for the order. However, previous purchases, including Paid Services and Paid Subscriptions are subject to the refund policies found within these Terms.

What is Miku’s return policy?

If for any reason you are not satisfied with the hardware portion of our Services, you may be entitled to a refund. Any refund request must be completed within forty five (45) days of delivery. 

You can initiate a return by contacting Miku customer care at support@mikucare.com to initiate the RMA process.

If returning a camera product or other hardware system, you will be provided with a pre-paid shipping label, the cost of which will be deducted from your refund. The returned product(s) must be received by Miku within ten (10) days of obtaining your RMA number.

Alternatively, if you wish to ship your Miku camera back to us via other means, contact Miku customer care at support@mikucare.com to initiate the RMA process. Orders shipped back in this way will be subject to a $10 restocking fee. The returned product(s) must be received by Miku within ten (10) days of obtaining your RMA number. For returns on other, non-camera products, your credit card will be charged a $7.50 return shipping fee for each product package received.

In order for your refund to be processed, please be aware of the following:

• Product(s) returned directly to Miku must have been originally purchased from our website www.mikucare.com. Any product(s) purchased from any other retailer and/or website must be returned to their original purchase location and are subject to the retailer’s and/or website’s return policy.

• As outlined above, customers are responsible for all shipping costs associated with the returning of their product(s) and assume all risk of loss or damages when shipping your return to Miku.

• Returned product(s) must be returned in their original packaging and in good physical condition with all parts. All returned product(s) are subject to inspection and condition will be assessed as per the sole discretion of Miku.

• If return of the product(s) to Miku (a) without an RMA, (b) beyond the ten (10) days of RMA issuance period, or (c) without proper packaging, Miku will retain the right to either refuse delivery of such return or charge additional fees.

• Processing of refunds will take between five to seven (5-7) business days, depending on your financial institution. All refunds will be issued in the original form of payment at the time of order.

• Shipping and handling charges are non-refundable.

Please note that Miku reserves the right to change these policies subject to these Terms. .

 

What if I want to stop using Miku?

You’re free to do that at any time, as well as terminate these Terms, by contacting us at support@mikucare.com.

Miku is also free to terminate (or suspend access to) your use of the Services, Paid Services, Paid Subscriptions, or your account, for any reason in our discretion, including your breach of these Terms. Miku has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Miku.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use the Miku App via the Apple App Store or Google Play – should I know anything about that?

These Terms apply to your use of all the Services, including mobile applications that you can download (“Application”) via the Apple, Inc. App Store , Google Play, or any other third-party service providers that may carry our Services (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO ANY SUCH THIRD-PARTY SERVICES OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD-PARTY SERVICES.

By using our Services via third-party service providers, you are subject to their terms, which may be found at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ or https://play.google.com/about/play-terms/index.html. If you use a different App Store Provider, you may be subject to different terms. It is your responsibility to understand those additional terms. If you use Apple or Google Play, then you are subject to the following additional terms:

(a) Both you and Miku acknowledge that the Terms are concluded between you and Miku only, and not with App Store Provider, and that App Store Provider is not responsible for the Application or the Content. If terms between this Agreement and an App Store Provider’s terms conflict, then the App Store Provider terms will control, only so far as the terms that conflict;

(b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

(c) You will only use the Application in connection with a device that you own or control;

(d) You acknowledge and agree that App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

(e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the appropriate App Store Provider of such failure; upon notification, App Store Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

(f) You acknowledge and agree that Miku, and not the App Store Provider, is responsible for addressing any claims you or any third party may have in relation to the Application;

(g) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Miku, and not App Store Provider, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

(i) Both you and Miku acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and

(j) Both you and Miku acknowledge and agree that App Store Provider and App Store Provider’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Application fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for addressing any claims relating to the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the Application infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

What else do I need to know?

Limited Warranty

THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

THIS LIMITED WARRANTY ONLY APPLIES IF YOU PURCHASE, USE AND OPERATE THE PRODUCT IN THE UNITED STATES AND CANADA.

PRODUCTS OBTAINED FROM UNAUTHORIZED RETAILERS ARE NOT COVERED BY THIS LIMITED WARRANTY. PLEASE BE AWARE THAT THERE ARE SOME RETAILERS AND WEBSITES THAT CLAIM TO BE AUTHORIZED RETAILERS OF MIKU WHEN THEY ARE NOT. NOTE THAT WHEN YOU PURCHASE FROM THESE UNAUTHORIZED RETAILERS, YOU ARE TAKING A RISK, INCLUDING A RISK THAT THESE PRODUCTS ARE USED OR DEFECTIVE, AND THIS LIMITED WARRANTY WILL NOT APPLY. THEREFORE, WHEN PURCHASING A PRODUCT, IT IS IMPORTANT TO CHECK THAT THE PRODUCT IS BEING SHIPPED FROM AND SOLD BY AN AUTHORIZED RETAILER. PLEASE LOCATE THE RETAILER’S NAME ON OUR AUTHORIZED RETAILERS LIST LINKED ABOVE OR CONTACT US DIRECTLY AT SUPPORT@MIKUCARE.COM IF YOU ARE UNCERTAIN ABOUT A PURCHASE.

• PERIOD OF COVERAGE. We warrant that any product or service that forms our Services (“Product”) will be free from defects in materials and workmanship for a period of one (1) year from the date or delivery following the original retail purchase (the “Warranty Period”). If the Product fails to confirm to this Limited Warranty during the Warranty Period, Miku will, at its sole discretion, either (a) repair or replace any defective Product or component; or (b) accept the return of the Product and refund the money actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished product or components, at Miku’s sole discretion. If the Product or a component incorporated within it is no longer available, Miku may, at Miku’s sole discretion, replace the Product with a similar product of similar function. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) ninety (90) days from the date or delivery of the repaired Product or replacement Product, or (b) the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.

• TOTAL SATISFACTION RETURN POLICY. If you are the original purchaser of the Product and you are not satisfied with this Product for any reason, you may return it subject to these Terms.

• WARRANTY CONDITIONS. Before making a claim under this Limited Warranty, the owner of the Product must (a) notify Miku of the intention to claim by contacting support@mikucare.com during the Warranty Period and providing a description of the alleged failure, and (b) comply with Miku’s return shipping instructions as outlined in these Terms. Miku will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product.

• WHAT THIS LIMITED WARRANTY DOES NOT COVER. This Limited Warranty does not cover the following (collectively “Ineligible Products”): Products marked as “sample” or “Not for Sale”, or sold “AS IS”; or Products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the Terms of Service or other instructions provided by Miku; (c) abuse or misuse of the Product; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane. This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product, or Software (even if packaged or sold with the product). Miku recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or Software can impair the Product’s performance. This Limited Warranty does not apply to anything other than the Products, including any Software, even if packaged or sold with the Products. Software distributed by Miku (including, but not limited to system software) is not covered under this Limited Warranty. Miku does not warrant that the operation of the Products will be uninterrupted or error-free. 

• DISCLAIMER OF WARRANTIES. EXCEPT AS STATED ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIKU DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MIKU ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION IS INTENDED TO EXCLUDE ANY WARRANTIES OR GUARANTEES WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAWS.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL MIKU BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO MIKU IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

To the fullest extent allowed by applicable law, You agree to indemnify and hold Miku, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder.)

• PRODUCT PERIPHERALS LIABILITY. THE MIKU ONLINE SERVICES (“SERVICES”) PROVIDE YOU CERTAIN TYPES OF INFORMATION (“PRODUCT INFORMATION”) RESULTING FROM YOUR USAGE OF THE PRODUCTS OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE”. MIKU DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL MEET YOUR REQUIREMENTS OR BE TIMELY, AVAILABLE, ACCURATE, OR RELIABLE, OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR PRODUCT WILL PROVIDE SAFETY IN YOUR HOME OR FOR ANY INDIVIDUAL OR CHILD. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND MIKU DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT. PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, AND WITHOUT LIMITING THE FOREGOING, A NOTIFICATION PROVIDED THROUGH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE HOME AND ON THE PRODUCT, NOR FOR A PARENT CHECKING ON THE CHILD, NOR FOR AN ASSESSMENT PERFORMED BY A MEDICAL PROFESSIONAL.

• YOUR RIGHTS AND THIS LIMITED WARRANTY. This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain states. The terms of this Limited Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.

• EFFECTIVE DATE OF THIS LIMITED WARRANTY POLICY IS THE DATE THESE TERMS WERE LASTED UPDATED.

 

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Miku’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

ARBITRATION.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.

You and we agree that any dispute, claim or controversy, including those known or unknown that may be later discovered, arising out of or relating to these Terms, other agreements on the Services, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in New Jersey before one arbitrator or submitted to small claims court in New Jersey. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to these Terms shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms, including Rules 16.1 and 16.2 of those Rules.

No Class Actions

YOU AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Seeking Arbitration. If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to 501 Flagler Drive, Suite 302, West Palm Beach, Florida, 33401. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing

If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award

In the event arbitration awards you damages of an amount at least US $100 greater than our last documented settlement offer, we will pay your awarded damages or US $2,500, whichever is greater.

Injunctive Relief

Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective, and the remainder of these Terms shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Coordinated Proceedings

If 25 or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel for shall each select five cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another five cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to US $250 of their filing fees or the maximum permissible under the applicable arbitration rules. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.

Confidentiality and Arbitration. You and we shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New Jersey.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Miku may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Miku agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Miku, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Miku in any respect whatsoever. Except as expressly set forth in the section above regarding the Application and the App Store Provider, you and Miku agree there are no third party beneficiaries intended under these Terms. The reviews posted on Miku’s website are all public and have not been reviewed by the company. Miku can remove or alter reviews for any reason and Miku employees may anonymously participate in forums.

Consent to Communication

When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Terms for Users in Certain Geographic Locations

New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity; and (iv) under Disputes, Arbitration, and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Terms are found to violate an established legal right.

California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using these Services, you agree that these California Civil Code Section 1542 protections no longer apply to you. 

Canada

L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.

Dispute Resolution: The arbitration requirements of these Terms will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.

Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.

Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an e-mail to support@mikucare.com. You may also contact us by writing to

501 Flagler Drive Suite 302 West Palm Beach, Florida 33401.

 

Contact Us:

Email: support@mikucare.com

Address: 501 Flagler Drive Suite 302 West Palm Beach, Florida 33401