Welcome! We appreciate you and our community. In order to create a better experience for everyone, we require all our users to carefully review and accept the following Terms of Service, Code of Conduct and Community Guidelines. This not only helps us preserve a healthy and fun environment for our users, but also allows us to continuously improve your experience.
For purposes of this agreement, these terms are set forth our legal obligations to each other. This applies to your use of our services.
When we say "The Company", "Mimu", "Ourselves", "We", "Us" and "Our", this refers to our company, Mimu, Inc. When we say "Services" in these terms, we mean Mimu's services, apps, websites, and other products. "Party", "Parties'' or "Us" refers to both the End User and ourselves, or either the End User or ourselves. When we say "You" or "Your", we mean you. If you're accessing our services on behalf of a legal entity, you agree that you have the authority to bind that entity to these terms, and "you" and "your" will refer to that entity. When we say “Discord” or “Discord server”, we are referring to our online community provided by Discord, Inc. accessible via https://mimu.bot/support. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Our Privacy Policy is available to inform you of our data collection practices and your rights with respect to the data we collect from you. This is separate, as it is not an agreement to which you must consent in order to use our product; instead, it is a policy existing solely to communicate our practices and your respect to those practices. In addition, your privacy rights are important to us and deserve your undivided attention. Please take your time to review our Privacy Policy here.
In addition, our Community Guidelines which apply to our Discord server can be found separately here.
By accessing our services, you confirm that you're at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access our services in your country but not old enough to have authority to consent to our terms, your parent or responsible guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you. If you're a parent or legal guardian, and you allow your teenager to use our services, then these terms also apply to you and you are responsible for your teenager's activity on our services.
Your Content. When we say "Your Content" in these terms, we mean all the things you add (upload and post) to our services. This may include text, links, emoji, photos, videos, documents or other media. If new features include other ways for you to add content to the services, these terms also include such.
You have no obligation to add content to the services, but should you choose to, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licenses in the terms, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others' use of your content.
Your content is always owned by you, but by adding your content to our services, you are giving us a license to it when you use Mimu. Your content may be protected by certain intellectual property rights which we don't own. But by using our services, you grant us a license to do the following with your content in accordance with applicable legal requirements, to allow us to operate, develop and improve our services:
This license is worldwide, non-exclusive, royalty-free, transferable and perpetual.
We reserve the right to block, remove, and/or permanently delete your content for any reason. This may include breach of these terms, our Community Guidelines, or any applicable law or regulation.
We welcome feedback on our services. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.
Our content and Materials. The services contain content including, without limitation, our logos, designs, text, graphics, pictures, information, data, and otherwise. This is proprietary property of Mimu or our licensors and is protected by international copyright laws. We reserve the right to retain all intellectual property rights in our content.
Other Content. Our services might also provide you with third-party content (other people's content). You may not use this content without that person's consent, or as allowed by law. Other people's content is theirs and doesn't necessarily reflect our own views. We work hard to try to make our services and community a safe, positive and inclusive place but cannot prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion.
We grant you a worldwide, non-exclusive, personal and non-assignable license to download or install any provided content solely to access our services. You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of such content or our services. You may not resell or use the Services and its Materials for any commercial purposes. Uses for the Materials therein, or the distribution, public display of any Materials, or modifications, or any derivative uses of the Services or Materials is not permitted. We may revoke this license at any time.
If you submit or post User Content to the Services, unless we indicate otherwise, you grant us a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, and sublicenseable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in whole or in part and to incorporate such User Content in other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes.
Thank you for your purchase! These terms apply to anything bought or sold through our services in addition to the Terms of Service. You may also be asked to agree to separate terms before accessing paid products or services. If you are under 18 or the legal age of majority in your place of residence, you need your parent's or guardian's permission to make purchases through our service.
We use third-party payment processors to transmit payments to us. By providing a payment method to us, you agree that:
You may be able to purchase virtual goods through our services. If you do so, you’ll have a limited, personal, non-transferable and non-sublicensable license to use your purchased virtual goods solely within our services and solely in conjunction with Mimu and Discord account through which you purchased them. Your license to use virtual goods cannot be sold, traded, transferred, exchanged or used outside of your Mimu and Discord account. You do not own, or have any other right, title, or other proprietary interest in these virtual goods, regardless of any consideration offered or paid in exchange. Please note, the license to those virtual goods is really a license to access and use the software that enables your access to the virtual goods. Virtual goods are not property and have no cash value. We reserve the right to control, regulate, change or remove any virtual goods, or terminate provision of virtual goods at any time, in our sole discretion, without any liability to you. The license you receive to use virtual goods terminates when your Mimu or Discord account is deleted or terminated and may be terminated, in our sole discretion, if you violate our Terms of Service or any other applicable policy. Additionally, if your account is suspended, your access to virtual goods may be suspended or terminated. We will not compensate you for this loss or make any refund to you, and we have no liability to you or to any third party associated with the loss of such virtual goods.
We may, from time to time, change the price for subscriptions, but we’ll give you advance notice of such changes and their effective date either via our services (such as through Discord DM or announcement) or to the contact information associated with your payment information (such as email). Subject to applicable law, you accept the new price by continuing to use or otherwise receive the benefits of the subscription service after the price change effective date. You may also reject the price change by canceling your subscription.
We may decide to stop offering subscriptions or individual digital goods (keys) at any time, including in response to unforeseen circumstances beyond our control, or to comply with a legal requirement. Should this happen, your subscription(s) will be canceled and you will be refunded the prorated portion of any prepaid subscription equal to the remaining unused term of the subscription. In addition, any individual digital goods will be refunded to you in proportion to the purchase price equal to the remaining unused number of digital goods.
We're able to process a refund for any keys or subscription wherein the feature or virtual good has not been used, as long as the request is made within 7 days from your initial purchase date. For bulk key purchases, we are able to give partial refunds depending on the number of keys that have been used. Any refund made is a one-time exception.
We reserve the right to terminate access to the services for chargebacks or repeated refund requests, and are not responsible for users unable to experience the full extent of functionality in their subscription or digital goods (such as if you did not use the features subscription during the month you paid for it).
You agree that your use of the Services, including the posting of User Content, will not violate any law, contract, intellectual property or other third-party right or constitute a criminal action or tort, and that you are solely responsible for your conduct while on the Services. You further agree not to:
In our sole discretion, we reserve the right to evaluate users who are generally causing a negative impact to the service or violating the above accepted use may be subject to termination from the service.
If you are using the services on behalf of a business or legal entity and not in an individual capacity, then you will indemnify and hold us and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services, (b) your content, or (c) your violation of these terms.
We're actively developing new features and products to improve Mimu, and putting in efforts to improve our service. As a result, we may add and remove features, or start and stop offering new and old services respectively. We try our best to avoid disruptions, but we cannot guarantee that there will not be an outage or change to the services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages or service changes.
ALL INFORMATION, CONTENT, SERVICES, AND MATERIAL AVAILABLE IN THE SERVICE AND RELATED SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY BREACH OF CONDITION(S) OR FUNDAMENTAL TERM(S) OR FOR A FUNDAMENTAL BREACH (S). IN ANY CASE, LICENSOR’S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT RECEIVED BY LICENSOR FROM LICENSEE FOR THE SOFTWARE AND OGS PURSUANT TO THIS AGREEMENT PROVIDED. THIS LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL SUCH PARTY’S EXPENDITURES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT.
YOUR PURCHASE AND USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR ABILITY TO PLAY THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR DEFECT-FREE. IN NO EVENT WILL WE (INCLUDING OUR OFFICERS, DIRECTORS, PERSONNEL, AGENTS, OR EMPLOYEES) NOR OUR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OR LOSS OF DATA, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF PURCHASE OR USE OF THE SERVICE. IN NO EVENT WILL YOU BE ENTITLED TO A REFUND OR CHARGEBACK FOR THE SERVICE.
Your right to terminate. You’re free to stop using our services at any time and for any reason. To request for your data and/or deletion in compliance to GDPR, please contact us via [email protected]. In addition, deleting your account associated with Discord will also delete your account with our service.
Our right to terminate. Subject to applicable law, we reserve the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion, including if:
In the case of the above circumstances or when deemed necessary, we may take the measures stated below. However, we are not obligated to take these measures and we do not assume any obligation to disclose the reason for taking these measures. We will not be liable to provide advance notice unless required by applicable law.
The user shall have no objection to the measures above. Mimu is not obligated to compensate or negotiate with users in taking the actions outlined in this section.
Most disputes can be resolved informally. Should you have an issue with the services, let's consult with each other first. Before pursuing formal legal action, you agree to try to resolve a dispute with us informally by sending notice to [email protected].
We may change these Terms from time to time. If we do, we’ll provide notice of any changes, such as by posting the most recent version on our Services and updating the "Last Updated" date above. We encourage you to check for updates regularly. Your continued use of the Services following any notice we provide will confirm that you have agreed to the amended Terms. If you do not agree to the amended Terms, you must stop using the Services.