Terms Of Service

Our term of service was last updated on [October 7th, 2024]

These Terms of Service, together with any documents and additional terms they expressly incorporate by reference (“Terms”), constitute an agreement between you (“you” or “your”) and Mirai (“we”, “us” or “our”) and cover the website available at  Mirai  (“Website”), and the Mirai progressive web application or Mirai’s Telegram mini apps (collectively, “App”). We will refer to our Website and APP, together with any content, tools, features and functionality offered on or through them (collectively, “Services”).

In these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

In these Terms, “Content” means any and all information or content you submit, including but not limited to, text, software, scripts, graphics, photos, images sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials that you may view, upload, publish, share, submit, make available, display, communicate or post on the Website or App, or otherwise made available by you, regardless of the form of the content. Please read these Terms carefully, as these Terms govern your use of the Services. These Terms expressly cover your rights and obligations, and our disclaimers and limitations of legal liability, relating to your use of, and access to, the Services. By clicking “Accept” (or a similar language) to these Terms, acknowledging these Terms by other means, or otherwise accessing or using the Services, you accept and agree to be bound by and to comply with these Terms. If you do not agree to these Terms, then you must not access or use the Services.
These Terms include an arbitration clause and a class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt out of arbitration, as explained below.

  1. MODIFICATIONS TO THESE TERMS

    We reserve the right, at our sole discretion, to modify these Terms from time to time and without providing prior notice. It is your responsibility to periodically review these Terms for any amendments. Upon posting, all such modifications become effective immediately, and your continued use of the Website, the App or the Services following any modification of these Terms will indicate your acceptance of, and compliance with the amended terms. If you do not agree to the amended Terms, you must stop using the Website, the App, and the Services.

  2. USE OF THE SERVICES

    1. Ability to Accept Terms of Services

      As a condition to accessing or using the Services, you represent and warrant to Mirai that if you are entering into these Terms as an individual, then you must be at least 18 years of age or of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into these Terms and be bound by them.

    2. Your Registration Obligations

      When you register to use the Services, you agree to provide accurate and complete information about yourself. If you are under the age of 18 or of legal age in the jurisdiction in which you reside, you are not permitted to use the Website, the App, and the Services, create an account, or participate in any of our communities. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on our Services.

    3. Member Account, Password and Security

      You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to immediately notify Mirai of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session when accessing the Services. Mirai will not be liable for any loss or damage arising from your failure to comply with this paragraph

    4. General Practices Regarding Use and Storage

      You acknowledge that Mirai may establish general practices and limits concerning use of the Services. These may include, without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Mirai’s servers on your behalf. You agree that Mirai has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that Mirai reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Mirai reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

    5. Email Notifications

      You consent to receive notifications from us electronically to the e-mail address you provide to us. These notifications may be about your account, changes to our service, or other updates or marketing relating to our Services.

  3. CONDITION OF USE

    1. Content Restrictions

      In addition to agreeing to comply with our Community Guidelines, which are incorporated herein, you agree to comply with the following conditions in using the Services. herein, you agree to comply with the following conditions in using the Services. You represent and warrant that the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms. Mirai is not responsible for the Content of the Service’s users. You are exclusively responsible for your Content. You bear all risks associated with the use of your Content. You hereby confirm that your Content does not violate our Terms. You may not represent or imply to others that your Content is in any way provided, sponsored, or endorsed by us. Because you alone are responsible for your Content, you may expose yourself to liability. We are not obliged to back up any content that you submit; also, your Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your Content if you desire. You agree not to submit, upload, transmit, display or distribute any Content that:

      1. is illegal in any way or advocates, depicts, or promotes illegal activity of any kind;
      2. infringes any intellectual property or other proprietary rights of any party or violates any third-party;
      3. you do not have a right to submit;
      4. poses a privacy or security risk to any person;
      5. is threatening, abusive, harassing, tortious, bullying, or excessively violent;
      6. engages in intimidation, bullying, or provokes others into similar behavior;
      7. is defamatory, libelous, or verifiably false with the purpose of harming others;
      8. constitutes or contains hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, political, or other social, physical or mental characteristics;
      9. is obscene or pornographic;
      10. constitutes sexual harassment;
      11. constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion;
      12. Gore, bestiality, or sexual violence.
      13. glorifies self-harm, including self-injury, suicide, or eating disorders;
      14. promotes or constitutes any form of human trafficking, terrorism, violent extremism, or political agitation;
      15. encourages or promotes activities that result in civil penalties, violate any law, or are generally inappropriate, as well as those that support or promote criminal behavior;
      16. seeks to buy or sell illegal drugs;
      17. facilitates fully automated decision making that adversely impacts a person’s legal rights or creates a binding, enforceable obligation;
      18. solicits or shares private information about an individual (“doxing”);
      19. solicits or shares users’ account login credentials;
      20. seeks to provide medical, legal, financial or tax advice;
      21. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
      22. contains software viruses or any computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment;
      23. interferes with or disrupts the Services or servers or networks connected to the Services;
      24. interferes with or appropriates any person’s right of publicity by using their name, likeness, or persona (a) without permission, and (b) outside a permissible context such as non-commercial parody or public commentary;
      25. in the sole discretion of Mirai, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or which may expose Mirai or its users to any harm or liability.

      You likewise agree not to do any of the following in connection with your use of the Services:

      1. disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
      2. violate any applicable law or regulation;
      3. impersonate any person or entity, or misrepresent your affiliation with a person or entity;
      4. solicit personal information from anyone under the age of 18;
      5. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
      6. obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Services;
      7. lease, lend, sell, or sublicense any part of the Services;
      8. try to evade any technological measure designed to protect the Services or any technology associated with the Services;
      9. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying, or other modification).

      In addition, you agree not to:

      1. upload, transmit, or distribute to or through the Services any software intended to damage or alter a computer system or data;
      2. send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
      3. use the Services to harvest, collect, gather, or assemble information or data regarding other users without their consent;
      4. interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies, or procedures of such networks;
      5. attempt to gain unauthorized access to the Services, whether through password mining or any other means;
      6. harass or interfere with any other user’s use and enjoyment of the Website or the App;
      7. use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to the Services.

      We reserve the right to review any Content, and to investigate and/or take appropriate action against you at our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Content, terminating your account, and/or reporting you to law enforcement authorities.
      If you provide us with any feedback or suggestions regarding the Website, the App, or the Services, you hereby assign to Mirai all rights in such feedback and agree that we shall have the right to use and fully exploit such feedback and related information in any manner we believe appropriate. We will treat any feedback you provide to us as non-confidential and non-proprietary.

    2. Content Backups

      As mentioned in these Terms, we do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
      We will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that we have no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
      You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

  4. INTELLECTUAL PROPERTY RIGHT

    1. Content you submit

      When you submit, upload, transmit, display or distribute any Content to the Services, you represent and warrant that (a) you own all right, title, and interest in and to such Content, including, without limitation, all copyrights and rights of publicity contained therein, or are otherwise permitted to use them for the applicable purposes, for example by license or legal exception or limitation; and (b) the Content shall in no event infringe any right of any person or entity, including without limitation the intellectual property rights and any other right, registered or not, protected by law.
      When you submit, upload, transmit, display or distribute such Content, you retain whatever ownership rights in that Content you had to begin with. You grant Mirai, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize, and otherwise use the Content for any Mirai -related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve, and provide the Services. You agree that these rights and licenses include a right for Mirai to make the Content available to, and pass these rights along to, others with whom we have contractual relationships and to otherwise permit access to or disclose the Content to third parties if we determine such access is or may be necessary or appropriate.
      While we’re not required to do so, we may access, review, screen, edit, modify, and delete your Content at any time and for any reason, including to provide and develop the Services or if we think the Content violates these Terms or any applicable laws.

    2. Characters and Generations

      For any automated AI character (“Character”) that you create or upload using the Service, you own all rights in that Character (and to the extent you create derivative works, you own all rights you otherwise would own in them) and any text, images or video it generates (“Generations”) that are elicited directly or indirectly by you. You grant to Mirai, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the Character you created and any related Generations for any purpose in any form, medium or technology now known or later developed, including but not limited to (i) facilitating other users’ ability to interact with the Character and elicit Generations, and (ii) promoting the Services on- or off-platform.
      When you interact with a Character created by Mirai or created by another user who utilized the Services in accordance with the then-applicable Terms, then you own Generations that are elicited by you from such Character (but not the Character itself or other Generations or other Content, all of which will remain owned by Mirai or the other third-party owner(s) thereof, as applicable). You grant Mirai, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use the Generations elicited by you for any purpose in any form, medium or technology now known or later developed, including but not limited to (i) facilitating other users’ ability to interact with the Character and elicit Generations, and (ii) promoting the Services on- or off-platform.

    3. Services Content, Software and Trademarks

      You acknowledge and agree that the Services may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or content on the Services other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by us.

    4. Third Party Meterial

      Under no circumstances will Mirai be liable for any content or materials of any third parties, including character bots created by third parties and any Generations resulting from such character bots, including, but not limited to infringement of intellectual property rights, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content and that AI-generated chats, by their nature, are unpredictable and may produce Generations that are inaccurate or offensive. You agree that you must evaluate, and bear all risks associated with, the use of any Content or Generations. You should not rely on the accuracy or completeness of statements made in Content or Generations, and if you do so, you acknowledge that it is at your own risk.
      You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any content (including Content, Characters, and Generations) that is available via the Services. Without limiting the foregoing, we have the right to remove any content that violates these Terms or is deemed otherwise objectionable by us, in our sole discretion.
      You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services provided by you to Mirai are non-confidential, and that we are entitled to use and disseminate them for any purpose, without acknowledgment of or compensation to you.
      You acknowledge and agree that we may preserve content and metadata in compliance with applicable law and our Privacy Policy. You acknowledge and agree that we may disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mirai, its users and the public.

    5. Copyright Complaints

      Mirai respects the intellectual property rights of others, and we ask our users to do the same. If You are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of our copyright agent via email at [email protected]  and include in your notice a detailed description of the alleged infringement.
      You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

    6. DMCA Notice and DMCA Procedure for Copyright Infringement Claims

      Mirai will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
      If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to us:

      1. Your physical or electronic signature;
      2. Identification of the copyrighted work(s) that you claim to have been infringed;
      3. Identification of the material on our services that you claim is infringing and that you request us to remove;
      4. Sufficient information to permit us to locate such material;
      5. Your address, telephone number, and e-mail address;
      6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
      7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

      Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

    7. Repeat Infringer Policy.

      In accordance with the DMCA and other applicable law, Mirai has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. Mirai may also at its sole discretion limit access to the Services or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement

  5. THIRD PARTY WEBSITE AND SERVICES

    The Services or third parties may provide links or other access to other sites, resources on the Internet or to third-party applications. Mirai has no control over such sites, resources or applications and Mirai is not responsible for and does not endorse such sites, resources or applications. Engaging with third-party content, websites, services, and integrations is undertaken entirely at your own risk, and is contingent upon adhering to any pertinent terms, conditions, or agreements governing such third-party content, services, and integrations. You further acknowledge and agree that Mirai will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Mirai is not liable for any loss or claim that you may have against any such third party.

  6. DISCLAIMER OF WARRANTY

    Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. Mirai expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Mirai makes no warranty or undertaking, and makes no representation of any kind that (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the Services will achieve any intended results; (d) the Services will be compatible or function with any other software, applications, systems, or services; (e) the Services will meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected; or (f) the results that may be obtained from the use of the Services will be accurate or reliable.

  7. INDEMNITY AND RELEASE

    You agree to release, indemnify, and hold Mirai, its affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, and expenses of any kind arising out of or relating to your use of the Services. Without limiting the foregoing, the release and indemnification described above includes reasonable attorneys’ fees, rights, claims, actions of any kin, and injury (including death) arising out of or relating to your use of the Services. If you are a California resident, you waive California Civil Code Section 1542, which says:
    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.
    If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

  8. LIMITATION OF LIABILITY

    To the maximum extent permitted by law, you understand and agree that Mirai will not be liable to you or any third-party for any indirect, incidental, special, consequential, exemplary, incidental, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses (even if Mirai has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (a) your access to or use of or the inability to access or use the Services; (b) your access, use, creation of, or interaction with any Content, Character or Generations; (c) your sharing with any third party of any Content, Character or Generations; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party (including users) on the Services; or (f) any other matter relating to the Services. To the maximum extent permitted by law, and notwithstanding any contrary provisions herein, Mirai’s total liability to you for all damages, losses, or causes of action will in no event exceed the greater of: (a) $100, or (b) the amount you paid to Mirai (if any) in connection with your use of the Services.
    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Website or with these Terms, your sole and exclusive remedy is to discontinue use of the Services.

  9. DISPUTES RESOLUTION AND ARBITRATION

    To the maximum extent permitted by law, you understand and agree that Mirai will not be liable to you or any third-party for any indirect, incidental, special, consequential, exemplary, incidental, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses (even if Mirai has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (a) your access to or use of or the inability to access or use the Services; (b) your access, use, creation of, or interaction with any Content, Character or Generations; (c) your sharing with any third party of any Content, Character or Generations; (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party (including users) on the Services; or (f) any other matter relating to the Services. To the maximum extent permitted by law, and notwithstanding any contrary provisions herein, Mirai’s total liability to you for all damages, losses, or causes of action will in no event exceed the greater of: (a) $100, or (b) the amount you paid to Mirai (if any) in connection with your use of the Services.
    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Website or with these Terms, your sole and exclusive remedy is to discontinue use of the Services.
    PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT AGAINST MIRAI IN ANY COURT OR GOVERNING AUTHORITY. EXCEPT AS EXPRESSLY PROVIDED BELOW, THIS SECTION REQUIRES YOU TO SUBMIT ANY DISPUTE, CLAIM, OR DISAGREEMENT (EACH A “DISPUTE”) ARISING OUT OF THESE TERMS OR THE SERVICES, INCLUDING ANY DISPUTE THAT AROSE BEFORE THE EFFECTIVE DATES OF THESE TERMS, TO BINDING INDIVIDUAL ARBITRATION. THIS SECTION EXTENDS TO DISPUTES THAT AROSE OR INVOLVE FACTS OCCURING BEFORE THE EXISTENCE OF THIS OR ANY PRIOR VERSIONS OF THE TERMS AS WELL AS DISPUTES THAT MAY ARISE AFTER THE TERMINATION OF THE TERMS.
    You and Mirai agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Mirai and that any Dispute will be resolved solely through individual arbitration, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
    Nothing in this Section precludes you or Mirai from bringing an individual action for damages in a small claims court if such claims qualify and remain in small claims court, or from seeking injunctive or other equitable relief in court..
    Except as specified above, you and Mirai waive your rights to a judge or jury trial or to have any Dispute arising out of or related to these Terms or the Services resolved in court. Instead, for any Dispute that you have against Mirai or relating in any way to the Services, you agree to first contact Mirai and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Mirai by email at  [email protected].   The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Mirai cannot reach an agreement to resolve the claim within sixty (60) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by Singapore International Arbitration Centre (SIAC) or, under the limited circumstances set forth above, in court. All Disputes submitted to SIAC will be resolved through confidential, binding arbitration before one arbitrator. Arbitration will be conducted by a neutral arbitrator in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”), and arbitration proceedings will be held in Singapore unless you and Mirai both agree in writing to hold it elsewhere . The most recent version of the SIAC Rules are available on the SIAC website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the SIAC Rules or waive your opportunity to read the SIAC Rules and waive any claim that the SIAC Rules are unfair or should not apply for any reason.
    You and Mirai agree that these Terms affect interstate commerce and that the enforceability of this Section 9 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the SIAC Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
    The arbitrator, Mirai, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
    You and Mirai agree that for any arbitration you initiate, you will pay the filing fee and all other SIAC fees and costs. For any arbitration initiated by Mirai, Mirai will pay all SIAC fees and costs. You and Mirai agree that the state or federal courts of the State of California and the United States sitting in San Francisco, California have exclusive jurisdiction over the enforcement of an arbitration award.
    Any claim arising out of or related to these Terms or the Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and Mirai will not have the right to assert the claim.
    If any portion of this Section 9 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 9 or the parties’ ability to compel arbitration of any remaining claims on an individual basis under this Section 9; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 9 is found to prohibit an individual claim seeking public injunctive relief, then that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 9 will be enforceable.

  10. GOVERNING LAW

    The interpretation and enforcement of these Terms, and any Dispute related to these Terms or the Services, will be governed by, and construed and enforced under the laws of the State of California, as applicable, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. For any other proceeding that is not subject to arbitration under these Terms, the state and federal courts located in San Francisco, California will have exclusive jurisdiction. You waive any objection to the venue in any such courts.

  11. TERMINATION

    You agree that Mirai, at its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services, and remove or discard any content within the Services for any reason, including, without limitation, for lack of use or if Mirai believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
    Mirai may also, at its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Mirai may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services will not terminate Mirai’s rights to your Content. Further, you agree that Mirai will not be liable to you or any third party for any termination of your access to the Services.

  12. GENERAL

    1. You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with these Terms or any Services. You agree that we may provide our Communications to you by posting them on the Website, by emailing them to you at the email address you provide in connection with using the Services, if any, or by Telegram at the username you provided to us during the course of your use of the Services. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy.
    2. These Terms constitute the entire agreement between you and Mirai, and supersede all prior and contemporaneous representations, arrangements, and understandings (whether oral or in writing, express or implied) between the parties with respect to the Services. You acknowledge that in agreeing to these Terms you do not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
    3. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
    4. We will have no responsibility or liability for any failure or delay in performance of any of the Services, or any loss or damage that you may incur, due to any circumstance or event beyond our control, including any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
    5. Any failure of Mirai to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
    6. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the App, the Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
    7. You may not assign or transfer any right to use the Services, or any of your rights or obligations under these Terms, without the prior written consent of Mirai, including by operation of law or in connection with any change of control. Mirai may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without restriction.
    8. The section titles in these Terms are provided for convenience only and have no legal or contractual effect.
    9. Notices to you may be made via email. We may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.
    10. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will prevail unless such other agreement specifically identifies these Terms and declares that such other agreement supersedes these Terms.

  13. YOUR FEEDBACK TO US

    You assign all rights, title and interest in any Feedback you provide to us. If for any reason such assignment is ineffective, you agree to grant Mirai a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

  14. CONTACT US

    If you have any questions about our Services, or to report any violations of these Terms, please contact us at  [email protected]