Mimiq AI Terms of Service
1. Agreement to Terms
By accessing or using the Mimiq AI website and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, then you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.
2. Description of Service
Mimiq AI provides an AI-powered platform for simulating audience reactions to video content, allowing creators to test and refine their content before publication (the "Service"). The Service uses AI models to simulate viewer demographics, psychographics, and behaviors.
3. Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4. Use of the Service
You agree not to use the Service: For any unlawful purpose; To solicit others to perform or participate in any unlawful acts; To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; To infringe upon or violate our intellectual property rights or the intellectual property rights of others; To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; To submit false or misleading information; To upload or transmit viruses or any other type of malicious code; To collect or track the personal information of others; To spam, phish, pharm, pretext, spider, crawl, or scrape; For any obscene or immoral purpose; Or to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
5. User Content
Our Service allows you to upload, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post to the Service, including its legality, reliability, and appropriateness. By posting User Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service solely for the purpose of operating, developing, providing, and improving the Service. You retain any and all of your rights to any User Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You represent and warrant that: (i) the User 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, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
6. Intellectual Property
The Service and its original content (excluding User Content), features and functionality are and will remain the exclusive property of Mimiq AI and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mimiq AI.
7. Confidentiality
You acknowledge that the simulation results, insights, and methodologies provided by the Service are confidential information belonging to Mimiq AI. You agree not to disclose, share, or distribute this confidential information without prior written consent from Mimiq AI.
8. Fees and Payment
Some parts of the Service may be billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Mimiq AI cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Mimiq AI customer support team. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Mimiq AI with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Mimiq AI to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Mimiq AI will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
9. Limitation Of Liability
In no event shall Mimiq AI, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. The simulation results provided are based on AI models and algorithms and are not guaranteed to perfectly predict real-world outcomes.
10. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Mimiq AI its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction - e.g., State of Delaware, USA], without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
12. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
13. Contact Us
If you have any questions about these Terms, please contact us at legal@mimiqai.com.