Terms of Service

Last Updated: January 2025

Welcome to Mireya AI. These Terms of Service ("Terms") govern your access to and use of the Mireya AI mobile application and related services (collectively, the "Service") operated by Mireya AI ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Acceptance of Terms

By creating an account, downloading, or using Mireya AI, you accept and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Mireya AI. We reserve the right to update these Terms at any time, and your continued use after changes constitutes acceptance of the modified Terms.

2. Description of Service

Mireya AI is an iOS mobile application that provides AI-powered content creation services for social media, including:

• AI-enhanced image generation and editing for social media posts
• Automated caption generation for Instagram, TikTok, LinkedIn, and other platforms
• Hashtag suggestions and optimization based on content analysis
• Content history and storage of previously created materials
• Multi-platform content formatting and optimization

3. Account Registration and Eligibility

3.1 Eligibility Requirements

To use Mireya AI, you must:

• Be at least 13 years of age or meet the minimum age requirement in your jurisdiction
• Provide a valid phone number for authentication purposes
• Agree to receive transactional SMS messages for account verification
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws

3.2 Account Security

You are responsible for:

• Creating only one account per phone number
• Maintaining the confidentiality of your account credentials and verification codes
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

4. Acceptable Use Policy

4.1 Permitted Use

You may use Mireya AI solely for creating legitimate social media content for personal or commercial purposes, provided such use complies with these Terms and applicable laws.

4.2 Prohibited Activities

You agree NOT to:

• Upload or generate content that is illegal, harmful, threatening, defamatory, obscene, or otherwise objectionable
• Violate any third party's intellectual property rights, privacy rights, or other personal rights
• Create misleading, deceptive, or fraudulent content
• Use the Service to harass, abuse, or harm others
• Attempt to circumvent usage limits, security measures, or access controls
• Reverse engineer, decompile, or attempt to extract source code from the application
• Use automated systems, bots, or scripts to access the Service without permission
• Resell, redistribute, or sublicense access to the Service
• Use the Service to compete with or develop a competing product
• Upload content containing malware, viruses, or malicious code

5. Subscription and Payment Terms

5.1 Subscription Model

Mireya AI operates on a credit-based subscription model:

• Billing: Subscriptions are billed monthly through Apple's In-App Purchase system
• Credits: Monthly credits are allocated based on your subscription tier
• Rollover: Unused credits do NOT roll over to the next billing period
• Pricing: Current pricing is displayed in the app and on the App Store listing

5.2 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel it at least 24 hours before the renewal date. You will be charged through your Apple ID account. You can manage your subscription and turn off auto-renewal in your Apple ID account settings.

5.3 Cancellation and Refunds

• Cancellation: You may cancel your subscription at any time through your Apple ID account settings
• Effect of Cancellation: Cancellation takes effect at the end of the current billing period. You retain access until then
• Refunds: All refund requests are subject to Apple's refund policy. Contact Apple Support for refund inquiries
• No Partial Refunds: We do not provide pro-rated refunds for partial subscription periods

5.4 Price Changes

We reserve the right to modify subscription pricing with 30 days' advance notice. Price changes will take effect at your next billing cycle. If you do not agree to the price change, you may cancel your subscription before the change takes effect.

6. Content Ownership and Licenses

6.1 Your Uploaded Content

You retain all ownership rights to images and content you upload to Mireya AI. By uploading content, you grant us a limited, non-exclusive, worldwide license to:

• Process your images using AI technology to provide the Service
• Store your content on our servers and cloud storage for service delivery
• Create derivatives (enhanced images, captions, hashtags) based on your inputs
• Use anonymized data for service improvement and analytics

This license terminates when you delete your content or close your account, except for anonymized analytics data.

6.2 User Warranties

By uploading content, you represent and warrant that:

• You own all rights to the content or have obtained all necessary permissions
• The content does not infringe any third party's intellectual property or privacy rights
• You have the right to grant us the license described above
• The content complies with all applicable laws and these Terms

6.3 AI-Generated Content

Content generated by our AI (enhanced images, captions, hashtags) is provided for your use. However:

• No Guarantee of Uniqueness: AI may generate similar content for different users
• Your Responsibility: You are solely responsible for reviewing, editing, and ensuring the appropriateness of all content before publishing
• Platform Compliance: You must comply with the terms and policies of any platform where you post generated content (Instagram, TikTok, LinkedIn, etc.)
• No Liability: We are not responsible for how you use AI-generated content

6.4 Service Intellectual Property

Mireya AI and its original features, functionality, source code, design, and all related intellectual property are owned by us and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, create derivative works, reverse engineer, or attempt to extract source code from the Service.

7. Copyright and DMCA Policy

We respect intellectual property rights. If you believe that content in the Service infringes your copyright, please contact us with the following information:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and its location in the Service
• Your contact information (name, address, telephone number, email)
• A statement that you have a good faith belief the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

Send notices to: [email protected]

We may terminate accounts of repeat infringers in accordance with applicable law.

8. Service Availability and Modifications

We strive to provide reliable service, but:

• We do not guarantee uninterrupted, timely, secure, or error-free operation
• Scheduled maintenance may temporarily limit access (we will provide notice when possible)
• Emergency maintenance may occur without prior notice
• We may modify features, add new features, or discontinue features with reasonable notice
• We reserve the right to suspend or terminate the Service at any time with 30 days' notice

9. Termination

9.1 Termination by You

You may delete your account at any time through the app settings. Deleting your account will cancel any active subscription and delete your personal information as described in our Privacy Policy.

9.2 Termination by Us

We may suspend or terminate your account and access to the Service if:

• You violate these Terms of Service
• You engage in fraudulent, abusive, or harmful behavior
• Required by law or legal process
• Your account has been inactive for 12 consecutive months
• We discontinue the Service entirely

9.3 Effect of Termination

Upon termination: (a) your right to use the Service immediately ceases; (b) we will delete your account data as described in our Privacy Policy; (c) any outstanding subscription fees remain due; and (d) sections of these Terms that by their nature should survive (including intellectual property, disclaimers, and limitation of liability) will continue to apply.

10. Disclaimers and Limitation of Liability

10.1 "As Is" Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR CONTENT YOU CREATE, HOW YOU USE IT, OR ITS IMPACT ON YOUR BUSINESS OR REPUTATION
• WE ARE NOT LIABLE FOR THIRD-PARTY SERVICES, PLATFORMS, OR THEIR POLICIES

11. Indemnification

You agree to indemnify, defend, and hold harmless Mireya AI and its operators from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third party rights, including intellectual property or privacy rights; or (d) content you create, upload, or distribute using the Service.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles. For users in the European Union, you also have the protections afforded by mandatory provisions of the law in your country of residence.

12.2 Dispute Resolution

In the event of any dispute arising from these Terms or the Service, you agree to first contact us at [email protected] to attempt informal resolution. If we cannot resolve the dispute informally within 30 days, either party may pursue formal resolution. EU users may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

13. General Provisions

13.1 Company Information

Mireya AI is an independent software company based in the Netherlands, European Union. We are committed to maintaining professional service quality, providing responsive customer support, and continuously improving our platform based on user feedback.

13.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mireya AI regarding the Service and supersede all prior agreements and understandings.

13.3 Severability

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, and the remaining provisions will remain in full force and effect.

13.4 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us: