TERMS OF SERVICE


                   Data Protection & Privacy Review For Color Therapy          24 April 2021

Information privacy, also known as data privacy or data protection, is the relationship between the collection and dissemination of data, technology, the public expectation of privacy, legal and political issues surrounding them.

Privacy concerns exist wherever personally identifiable information or other sensitive information is collected, stored, used, and finally destroyed or deleted – in digital form or otherwise. Improper or non-existent disclosure control can be the root cause for privacy issues. Data privacy issues may arise in response to information from a wide range of sources.

 

 Terms of Use
 

The Content:

  1. Agreement Between You and MIINU.

  2. General Terms & Conditions.

  3. User Accounts.

  4. Fees.

  5. Service Availability & Support.

  6. Security.

  7. MIINU’s Proprietary Rights.

  8. Service Use Restrictions.

  9. Your Content & License from You.

  10. Feedback.

  11. Exclusion of Warranties.

  12. Limitation of Liability.

  13. Indemnification.

  14. Changes to Service.

  15. Termination of Service.

  16. Governing Law and Venue.

  17. Third Party Websites & Servers.

  18. Miscellaneous Legal Terms.

  19. Questions.


 

1. Agreement Between You and MIINU

1.1 Please read the following terms of service (the “Terms”) carefully. By using or otherwise accessing our services and/or by creating an account with us, you, acknowledge that you have read, understood and agree to be bound by these Terms, terms and conditions of iOS App Store, and the terms and conditions of the Privacy Policy, when using any service or services, (collectively, the “Service”) offered by MIINU, a private company limited by shares, incorporated in Hong Kong, or its parents, affiliates or subsidiaries (collectively, ”MIINU” or ”we”), on or through the mobile application “Color Therapy” made available by MIINU (collectively, the ”application”). The term “you” (and “your”) for purposes of these Terms, means both you in your individual capacity, and if applicable, the company or other legal entity whom you represent and on whose behalf you use the Service.

1.2 In order to use the Service you must agree to these Terms. You acknowledge and agree that MIINU will treat your use of the Service as acceptance of these Terms from the time you first use the Service. 

1.3 Please note that while we make reasonable efforts to provide you with accurate content, we make no guarantees, representations or warranties, whether expressed or implied, with respect to information, quality of content, benefit information, or any other content available through the services or the application. in no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. furthermore, we do not in any way endorse or recommend any individual or entity listed or accessible through the services.
 

2. General Terms & Conditions

2.1 Our company is a private company limited by shares, incorporated in Hong Kong, registry number: 1889022. and we have the required governmental permissions to provide our services.

2.2 By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using our services, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of our services will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

2.3 You are responsible for maintaining the security of your usage to this application. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

2.4 You agree that to the extent you provide personal information to MIINU it will be true, accurate, current, and complete and that you will update all personal information as necessary. The use of company logos, advertisements, web addresses, contact information, pictures of celebrities or the unauthorized use of images owned by others is prohibited.

2.5 You are responsible for all content posted and activity that occurs under your identity.

2.6 You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws and iOS app store standards).

2.7 You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

2.8 You can seek removal of content posted on our application, by contacting us,
We will endeavor to review such requests and to remove the content and users that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. However, by providing a mechanism for the submission of complaints, we make no promises that we will review all such complaints or that we will take any action in response to such complaints. Please be aware, however, that if the content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the content we remove from this application may remain on back-up servers.

2.9 If you request to delete any personal information that you have provided. Within 30 days we will review and proceed your request, and this information will be permanently removed from our database.

Please be aware, however, that if the information has already been distributed to other websites or published in other media, or provided analytics we will not be able to recapture and delete it. Also, a back-up or residual copy of the content we remove from this application may remain on back-up servers.

The removal of the information may be deletion or a completely irreversible disfiguring for the information.

2.10 The Company reserves the right to refuse service to anyone for any reason at any time.

2.11 We may collect the needed information to provide the requested service through our

portal, email, fax, text, calls and mail.

2.12 While most individuals who use MIINU have successful experiences, from time to time we do receive reports of people attempting to scam or defraud the community. 

2.13 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2.14 You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

2.15 You must not modify, adapt or hack the application.

2.16 You must not modify another Application or Website so as to falsely imply that it is associated with the Service or the Company.

2.17 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.

2.18 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate action by the company.

2.19 You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

2.20 You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

2.21 This application may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. MIINU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

2.22 The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

2.23 Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

2.24 The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.

3. User Accounts

3.1 In order to use the Service, you may need to register with us to open a MIINU account (“Account”). By opening an Account, you represent and warrant that: (a) all information you submit in connection with your opening and use of your Account is true, accurate, current, and complete; (b) you will promptly notify us if your information changes so that we can update our records; and (d) your use of the Service does not violate any applicable law, rule or regulation. You are responsible for maintaining this information current.

3.2 You are solely responsible for maintaining the security and confidentiality of the information you hold for your Account, including, without limitation, your username and password, and for any and all activity that occurs through your Account as a result of your failure to keep this information secure and confidential. You hereby agree to notify MIINU immediately if you become aware of any unauthorized use of your Account, user name or password, or any other breach of security in connection therewith. You may be held liable for losses incurred by MIINU or any third party due to someone else using your Account, user name or password as a result of your failing to keep your Account information secure and confidential. You are strictly prohibited from using anyone else’s Account, user name or password at any time and for any reason. MIINU is not liable to you or any third party for your failure to comply with your obligations under this paragraph.

4. Purchases & Subscription

4.1 MIINU allows users to make certain app purchases (the “Virtual Items”) such as or VIP subscription (7 days, 1month and 1 year respectively).
If you choose to make an purchase in our application, you will be prompted to enter details for your account with the iOS app store platform you are using (“your IAP Account”).
Account will be charged for the purchase in application in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account.

4.2 You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable MIINU. Re-purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable MIINU. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable MIINU. Virtual items cannot be refunded or exchanged for cash or any other tangible value.

4.3 MIINU may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and MIINU will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Google Play, Microsoft or iOS App Store account is terminated or suspended for any reason, in MIINU’s sole discretion; or if MIINU discontinues any MIINU or any portion or feature of any MIINU.

4.4 MIINU has no liability for hacking or loss of your virtual items. MIINU has no obligation to, and will not, reimburse you for any virtual items lost due to your violation of these terms of service. MIINU reserves the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual items are subject to change without notice.

4.5 You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to by you. MIINU may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT MIINU IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

4.6 The subscription prices are defined separately on respective pages of the App or equal to the same price tier as Apple

4.7 App Store Matrix determines the equivalent of subscription price in $ USD.

4.8 Cancellation of subscription or Free Trial can be done at anytime via subscription settings though your iTunes account.

4.9 This should be completed 24 hours before the end of the free-trial or subscription period to avoid being overcharged.

4.10 Subscription is automatically renewed unless it is turned off 24 hours prior to the end of the subscription period.

4.11 Cancellation is not allowed during the active subscription period.

4.12 Any unused portion of a free-trial, will be forfeited when the user purchases VIP All Access Subscription.

4.13 Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.

4.14 Payment will be charged to iTunes Account at confirmation of purchase Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.

5. Service Availability & Support

5.1 MIINU may temporarily suspend your access to any portion or all of the Service and your Content (as defined below) if MIINU reasonably determines that: (a) there is a threat or attack on the Service (including a denial of service attack) or other event that may create a risk to the Service, you or any other Service user; (b) your use of the Service or your Content disrupts or poses a security risk to the Service or any other Service user, may harm MIINU’s systems or any other Service user, or may subject MIINU or any third party to liability; (c) you are using the Service for fraudulent or illegal activities; (d) subject to applicable law, you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding; (e) you are using the Site, Service or other MIINU property in breach of these Terms; (f) you are in default of your payment obligations hereunder; or (g) there is an unusual spike or increase in your use of the Service (collectively, ”Service Suspensions'”). MIINU will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to you (including notices posted on the Site or sent to your registered e-mail address) and to provide updates regarding resumption of the Service following any Service Suspension. MIINU will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension.

5.2 MIINU shall terminate your access to any portion or all of the Service and your Content upon termination of contract or non-renewal of Services.
 

6. Security

6.1 MIINU will comply with all applicable privacy and data security laws and regulations governing its processing and storage of Customer Content. During the Subscription Term, MIINU shall maintain and conform to a security program in accordance with industry standards that is designed to secure the Customer Content and protect against unauthorized disclosure or access of Customer Content. Such security programs shall include the implementation of appropriate administrative, technical and physical safeguards.
 

7. MIINU’s Proprietary Rights

7.1 You hereby acknowledge and agree that MIINU (or its licensors) own all legal right, title and interest in and to the application and Service, including, without limitation, any intellectual property or other proprietary rights which subsist in the application and Service (whether such rights are registered or unregistered, and wherever in the world those rights may exist). As between you and MIINU, all materials on the application, including, but not limited to, graphics, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the application and its content (except for your Content), and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on the application, are all owned by MIINU or licensors.

7.2 MIINU shall fully own and retain all rights to anonymous usage data derived from your use of the Service (“Usage Data”) as aggregated with usage data from MIINU’s other customers for its own business purposes such as support, operational planning, product innovation and sales and marketing of MIINU’s services. For purposes of clarification, such Usage Data may not include any data that could reasonably identify you.

7.3 Nothing in these Terms gives you any right to use any of MIINU’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All rights not expressly granted by MIINU under these Terms are reserved.

7.4 Subject to your compliance with these Terms, including, without limitation, your payment of all applicable fees, MIINU hereby grants you a limited, personal, worldwide, royalty-free, non-transferable, sublicensable and non-exclusive license to use the Service for your internal business use, to store and manage your Content in such manner as permitted and/or specified by MIINU from time-to-time in any applicable documentation or Service descriptions made available by MIINU. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by MIINU, in the manner permitted by these Terms.

7.5 You may be allowed to sub-license the Services to third-parties with written permission from MIINU identifying the sub-licensee third-parties.

7.6 During, and after the termination of, your use of the Service, you will not assert, nor will you authorize or assist any third party to assert, against MIINU or any of MIINU Parties (as defined below), any patent infringement claim with respect to the Service. 

8. Service Use Restrictions

8.1 You hereby represent and warrant that you will not, and will not permit any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Application or Service or otherwise attempt to gain unauthorized access to any portion or feature of the Application or Service, or any other systems or networks connected to the Application or Service, or to any MIINU server, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Application or Service; (c) use any device, software or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the Application or Service or any transaction being conducted on the Application or through the Service, or with any other person’s use of the Application or Service; (d) breach any security measures implemented on the Application or in the Service; (e) track or seek to trace any information on any other person who visits the Application or uses the Service; (f) forge headers or otherwise manipulate identifiers in order to disguise your identity, or the origin of any message or other communication that you send to MIINU in connection with the Service; (g) pretend that you are, or that you represent, someone else, or impersonate any other person; (h) use the Service in the design, development, production, or use of missiles or the design, development, production, stockpiling, or use of chemical or biological weapons; (i) use the Service or Application for any illegal purpose, for soliciting the performance of any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; (j) upload or otherwise process any malicious content to, or through, the Service; (k) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the any MIINU proprietary software used to provide, maintain, or otherwise applicable to, the Service, or made available to you in connection with the Service; or (l) provide MIINU access to or upload or send through the Services any of the following sensitive personal information: social security numbers; passport or visa numbers; driver’s license numbers; taxpayer or employee ID; financial account or payment card information; passwords; medical or health records or information reflecting an individual’s medical treatment or the payment or provisioning of such treatment. You hereby agree that you will notify MIINU if you become aware that the Application or Service is being used for any illegal or unauthorized purpose.

8.2 You hereby agree that you will notify MIINU if you become aware that the Application or Service is being used for any illegal or unauthorized purpose. 

9. Your Content & License from You

9.1 You hereby agree that you are solely responsible and liable for any and all information, data files, written text, audio files, images, colored designs and other content (collectively” Content”) that you store, transmit, display, or otherwise use in connection with the Service, and for the consequences of your actions in connection with such Content and your use of the Service. You agree that MIINU has no responsibility to you or to any third party in connection with such Content. You are solely responsible for any losses or damage suffered by MIINU in connection with your Content. You hereby represent and warrant that you will not store or otherwise use any Content in connection with the Service that: (a) violates these Terms; (b) is defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing, or threatening in any way; (c) constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise intentionally or unintentionally violate any law, rule or regulation; (d) violates any third party’s copyright, trademark, patent, trade secret, or other personal or proprietary right; (e) invades or interferes with the rights of privacy or publicity of any person; or (f) contains a virus, malicious code or any other harmful component.

9.2 MIINU reserves the right, at any time in its sole discretion and without notice to you, to pre-screen, review, monitor, flag, filter, modify, refuse or remove any or all Content from the Service, but MIINU has no obligation to do so. You agree to immediately take down, delete or modify any Content that is stored by you through the Service that violates these Terms or any applicable laws, rules, or regulations, including pursuant to a take down, deletion or modification request from MIINU. In the event that you elect not to comply with a request from MIINU to take down, delete or modify certain Content, MIINU reserves the right to directly take down, delete or modify such Content. MIINU assumes no liability or responsibility arising from your activities in connection with the Service, including, without limitation, Content that you store or otherwise use in connection with Service.

9.3 MIINU claims no ownership or control over your right, title and interest in your Content. You retain copyright and any other intellectual property and other proprietary rights you already hold in your Content, and you are solely responsible for protecting those rights, as you deem appropriate. By submitting, storing, displaying, or otherwise using your Content in connection with the Service, you hereby grant MIINU a worldwide, royalty-free, fully-paid-up, non-exclusive license to reproduce, perform, modify, display, distribute, and otherwise use such Content for the purpose of enabling MIINU to provide the Service to you, including, without limitation, storing and retrieving the Content, making the Content available through the Service, adapting the Content for technical display and transmission, conforming the Content to the limitation and terms of the Service, and any other use related to the maintenance, provision and improvement of the Service.

9.4 MIINU will not disclose any of your Content, except: (a) if you expressly authorize us to do so in connection with your use of the Service; (b) as necessary to provide the Service to you; or (c) to comply with the request of any governmental or regulatory body, subpoenas or court orders, or as otherwise required by applicable law, rule or regulation. If we receive a subpoena, court order, or other request from a governmental or regulatory body requesting the disclosure of any of your Content, we will use good faith efforts to provide you with reasonable notice to allow you to seek a protective order or other appropriate remedy (except to the extent MIINU’s compliance with the foregoing would cause it to violate a court order or other legal requirement). You are required to respond to third party requests about your Content, and we may provide your contact information to third parties, and suspend or terminate your access to the Service and your Content, if you fail to respond to such third party requests.

9.5 MIINU may use usage patterns, trends and other statistical data derived from your Content and use of the Service for purposes of providing, operating, maintaining, or improving the Service. 

10. Feedback

10.1 If you send or transmit any communications or materials to MIINU (“Feedback”), suggesting or recommending changes to our Application or Service, including without limitation, new features or functionality relating thereto, any comments, questions, suggestions, or the like, all such Feedback are, and will be treated as, non-confidential and non-proprietary. This means that you give up any claim that the use of such Feedback by MIINU or its agents, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way MIINU uses such Feedback.

10.2 You hereby assign all right, title, and interest in, and MIINU is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that MIINU is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. 

11. Exclusion of Warranties

11.1 YOUR USE OF THE APPLICATION AND SERVICE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THE SITE AND SERVICE ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. MIINU, ON BEHALF OF ITSELF, AND ON BEHALF OF ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD PARTY SERVICE PROVIDERS, AND MIINU’S AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, (COLLECTIVELY, THE ”GOOD PARTIES”): (A) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT WARRANT THAT THE SERVICE, OR DATA PROVIDED THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS, OR THAT ITS OPERATION WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE.

11.2 THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND MIINU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MIINU OR ANY PERSON ON BEHALF OF MIINU SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.

11.3 NOTHING IN THESE TERMS, THIS SECTION 11, OR SECTION 13 BELOW, SHALL EXCLUDE OR LIMIT MIINU’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. 

12. Limitation of Liability

12.1 IN NO EVENT WILL MIINU OR MIINU PARTIES BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE SERVICE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUBSEQUENT OR OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF MIINU OR MIINU PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 MIINU AND MIINU PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE APPLICATION OR SERVICE. IF, NOTWITHSTANDING THE FOREGOING, MIINU OR ONE OF MIINU PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, MIINU OR THE RELEVANT MIINU PARTY’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO MIINU DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO MIINU’S LIABILITY. 

13. Indemnification

13.1. You hereby agree to indemnify, defend and hold harmless MIINU and MIINU Parties (each an ”Indemnified Party”), from and against any and all liability and costs  incurred by the Indemnified Party(s) in connection with any actual or alleged claim arising out of: (a) your or your sub-licensee’s use of the Service; (b) any breach or alleged breach by you of these Terms; (c) any Feedback or Content provided by you; (d) any breach or alleged breach by you of a third party’s rights, including, without limitation, any intellectual property, privacy or publicity rights; (e) any damage caused by or alleged to have been caused by you to the Application or Service; or (f) any actual or alleged violation or non-compliance by you with any applicable law, rule or regulation, including, without limitation, the applicable spam laws.

13.2. Counsel you select for defense or settlement of a claim must be consented to by MIINU and/or the Indemnified Party(s) prior to counsel being engaged to represent you and MIINU and/or the Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required, and provide such information as reasonably requested, by the Indemnified Party(s) in the defense or settlement of any claim. MIINU and/or the Indemnified Party(s) reserves the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of MIINU or any Indemnified Party(s) without the prior written consent of MIINU and/or the Indemnified Party(s).


 

 14. Changes to Service

14.1. MIINU is constantly striving to provide the best possible experience for its Service users. You acknowledge and agree that the form and nature of the Service which MIINU currently provides may change from time-to-time without prior notice to you, subject to the terms in Section 4.5. Changes to the form and nature of the Service will be effective with respect to all versions of the Service. Examples of changes to the form and nature of the Service include, without limitation, changes to fees and payment, security patches, additional functionality, reduced functionality, and other enhancements. 

15. Termination of Service

15.1 You may stop using the Service at any time by providing a notice in writing or by email of at least fourteen (14) business days. In such an event, you will not be entitled to any refund of any fees that you have paid prior to you ceasing to use the Service as stated in Section 4.

15.2 MIINU reserves the right in its sole discretion to cease or suspend providing all or any part of the Service immediately without any notice to you, if: (a) you breach, or threaten or intend to breach, these Terms; (b) MIINU is required to do so under any applicable law, rule or regulation, including, without limitation, the applicable spam laws; (c) the Service relies on data, services or another business relationship between MIINU and a third party service provider, and such relationship terminates or changes in such a way that affects MIINU’s ability to continue providing the Service; (d) continuing to provide the Service could create a substantial economic burden on MIINU as determined by MIINU in its sole discretion; or (e) continuing to provide the Service could create a security risk or material technical burden as determined by MIINU in its sole discretion.

15.3 If your use of the Service is terminated or suspended pursuant to Sections 15.1 or 15.2 above, except to the extent prohibited by any applicable law, rule or regulation, you will immediately lose access to, and the ability to export, your Content. Without limiting the foregoing, the rights set forth in this Section 15.3 are subject to your payment of any outstanding fees due upon and after termination of your use of the Service.

15.4 Any of your obligations under these Terms which by their nature are intended to survive the termination of your use of the Service, shall continue to apply to you after you cease to use the Service.

15.5 MIINU may notify the relevant law enforcement authorities or other third parties, of any illegal or other prohibited conduct by you, including, without limitation, your violation of these Terms or unauthorized use of the Application or Service.

15.6 In the event MIINU decides to stop offering any or all Services, MIINU shall provide a notice in writing or email to you of not less than sixty (60) days. 

16. Governing Law and Venue

16.1. These Terms will be construed and enforced in all respects in accordance with the laws of Hong Kong without reference to its choice of law rules. Except as set forth below in Section 16.2, the courts seated in Hong Kong shall have sole and exclusive jurisdiction for all purposes in connection with any action or proceeding that arises from, or relates to, these Terms and you hereby irrevocably waive any objection to such exclusive jurisdiction; provided however, that MIINU may seek to enforce any judgment in its favor in any court of competent jurisdiction.

16.2. Notwithstanding the foregoing, MIINU may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its proprietary and other rights. You agree that your breach of these Terms may result in immediate and irreparable damage to MIINU for which there is no adequate remedy at law.

16.3. The United Nations Convention on Contracts for the International Sale of Goods in its entirety is expressly excluded from these Terms, including, without limitation, application to the Application or Service. Furthermore, these Terms (including without limitation, the Site and Service) will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act (UCITA) or any other act derived from or related to UCITA.

16.4. Any cause of action arising under these Terms must be commenced by you within one (1) year after the claim or cause of action arises.

17. Third Party Websites & Servers

17.1. The Application and Service may provide links to other websites and hosting servers that are not owned or operated by MIINU (“Third Party Websites”). MIINU provides these links to you as a convenience only, and MIINU does not verify, make any representations concerning, or take responsibility for, such Third Party Websites, or the products or services offered through such third party websites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content of, or activities conducted on, such Third Party Websites. You should use your own independent judgment before accessing and using such Third Party Websites, or products or services offered through such third party websites.

17.2. These Terms and the Privacy Policy do not apply to such Third-Party Websites, and you should review such Third Party Websites’ privacy policies, terms and conditions and business practices as they may be different to those of MIINU and it is your sole responsibility to comply with such terms. Your dealings and communications with any third party in connection with the Third Party Websites are solely between you and such third party.

17.3. Any reference on the Site, or through the Service, to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise, does not constitute or imply MIINU’s endorsement or recommendation thereof, and your use of any Third Party Websites and third party product, process, publication, or service is entirely at your own risk.

18. Miscellaneous Legal Terms

18.1. These Terms, the Privacy Policy, together constitute the entire agreement between you and MIINU with respect to the Service (excluding any services which MIINU may provide to you under a separate written agreement), and completely supersedes, cancels and replaces any and all other written or oral agreements or understandings previously existing between you and MIINU with respect to the Service.

18.2. The failure of MIINU to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.3. If any part of these Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of these Terms, and the other parts will remain in full force and effect.

18.4. Any notice or other communications by MIINU relating to the Service may be made by letter, e-mail or posting on the Site, and you hereby consent to receive notices and other communications in electronic form to the extent permitted by applicable law.

18.5. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each Indemnified Party shall be a third-party beneficiary hereunder and accordingly, shall be entitled to directly enforce and rely upon any provision of these Terms that confers a right or remedy in favor of it.

18.6. MIINU may assign or transfer its rights, or delegate any performance, under these Terms to a third party in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your performance, under these Terms to any third party without in each and every case, MIINU’s express prior written consent.

18.7. MIINU will not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of the common enemy, earthquake, fire, flood or other acts of God, the elements, epidemics, labor conditions, power failures, and Internet disturbances.

18.8. MIINU may take any legal action against you to enforce these Terms or to prevent the breach of these Terms, including, without limitation, seeking equitable remedies or using technical means at its disposal. In addition to any other legal, equitable or technical rights and remedies that it may have, MIINU may without limitation, immediately terminate or suspend your use of the Service and access to your Content, if MIINU believes in its sole discretion that you are violating these Terms, or that you intend to do so.

18.9. MIINU may add to, change or remove any part, term or condition of these Terms or Privacy Policy at any time without prior notice to you. It is your responsibility to check these Terms and Privacy Policy periodically for changes. By continuing to use the Service, you are indicating your acceptance of such changes. However, we will provide written notice to you of any significant changes to these Terms or Privacy Policy (including notices posted on the Site or sent to your registered e-mail address).

18.10. You may not access the Service if you are a direct competitor of MIINU’s, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

19. Questions

If you have any questions about this application or these Terms of Use, please contact us through our app in the 'tickets' section.

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