mia - Terms of Service

mia - Terms of Service

Last updated: September 29, 2020.
Welcome to mia!
These Terms of Service (the "Terms") apply to all of the services offered by mia, a platform for building and sharing machine learning apps (the “Service” or “Services”).

The Services is an early private beta offered to select users to obtain Feedback (defined in Section 4 below). Please read these Terms carefully. BECAUSE OF THE BETA NATURE OF THE SERVICE, MIA STRONGLY DISCOURAGES YOU FROM USING ANY DATA ON THE SERVICE THAT YOU CONSIDER CONFIDENTIAL OR PROPRIETARY, OR THAT PERSONALLY IDENTIFIES, DIRECTLY OR INDIRECTLY, ANY INDIVIDUAL.
  1. General. Your use of the Services is subject to these mia Terms of Service (the "Terms"). By using, registering for, or accessing the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

  2. The Services.
    1. Your Account.You may need a mia account in order to access some of the Services. You agree not to use any false, inaccurate or misleading information when signing up for your mia account. If you create a mia account on behalf of yourself, you represent that you are at least 18 years of age or able to form legally binding contracts under applicable law. If you create a mia account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. To protect your mia account, keep your password confidential. You are responsible for the activity that happens on or through your mia account. Try not to reuse your mia account password on third-party applications. If you learn of any unauthorized use of your password or mia account, send us an email at info@miamarketplace.com.

    2. Use of the Services. Subject to your acceptance of, and compliance with, these Terms, you may use the Services for the sole purposes of testing the Services and providing Feedback to mia. You may not use this Services or any applications created using it in a production or live environment. You are responsible for all activity that occurs under your mia account. Our Services display some content that is not mia’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. When there’s something we need to tell you about the Services, we’ll send you a notification to the email associated with your mia account. We may also send you notifications for the Services by other means (for example by in-product messages). You may opt out of some of those communications. If the Services is canceled (whether by you or us), your right to access the Services stops immediately and your license to the Services ends. In addition, we have the right to delete all data associated with your account and use of the Services (except where prohibited by law). If we reasonably suspect that your mia account is being used by a third party fraudulently, mia may suspend your account without notice.

    3. Code of Conduct. Don’t misuse the Services. By agreeing to these Terms, you agree that when using the Services you will not:
      1. Do anything illegal or engage in activity that is fraudulent, false or misleading;

      2. Circumvent any restrictions on access to or availability of the Services;

      3. Engage in activity that is harmful to you, the Services, or others;

      4. Infringe upon the rights of others;

      5. Engage in activity that violates the privacy of others;

      6. Help others break these rules;

      7. Use the Services (or any component thereof) to design or build a competitive service or to otherwise copy the design, functionality or user interfaces within the Services;

      8. Directly or indirectly offer or provide the Services as a service to third parties;

      9. Disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so; or

      10. Remove obscure, or alter any notice of any trademarks, service marks, service or trade names, logos, and other proprietary designations of mia, its affiliates or its suppliers.
  3. Data.
    1. Data Ownership. Some of the Services allow you to upload, submit, store, send or receive content. For purposes of these Terms, “Data” means all data, information, text, images, audio, video or other content that you upload, submit, store, send or receive on the Services. We do not claim ownership of your Data. Your Data remains yours and you are responsible for it. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights and permissions necessary for your Data that is uploaded, submitted, stored, sent or received through the Services and that the collection, use, and retention of your Data will not violate any law or rights of others. mia cannot be held responsible for your Data and the actions you take with respect to your Data, including sharing it publicly, or the content others upload, store or share using the Services.

    2. Data License. To the extent necessary to provide the Services to you and others, to protect you and the Services, to improve mia products and services, and to permit other mia users to use and improve the Services by developing additional products and services, you grant to mia, its affiliates, sublicensees and mia users a worldwide and royalty-free intellectual property license to see, use, host, store, reproduce, modify, create derivative works, communicate, distribute, publish, publicly perform, publicly display and distribute, translate, adapt, and otherwise exploit your Data on the Services, in any form, format, media, or channels now known or later developed. You agree that your Data may appear in demonstrations or materials that promote the Services. The rights you grant to mia under this section shall survive termination of these Terms. Make sure you have the necessary rights to grant us this license for any content that you submit to the Services.
  4. User Content. The Services display content provided by others that is not owned by mia. Such content is the sole responsibility of the entity that makes it available. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

  5. Reservation of Rights and Feedback.  Using the Services does not give you ownership of any intellectual property rights in the Services or the content you access. Except as expressly provided under these Terms, mia does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by mia or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to mia any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”), you give to mia, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires mia to license its platform, technologies or documentation to any third party because mia includes your Feedback in them. Even if designated as confidential, mia uses Feedback for any purpose without obligation of any kind and Feedback will not create any confidentiality obligation.

  6. Using Third-Party Services.  The Services may allow you to export models or apps to services provided by independent third parties (“Third-Party Service”). The Third-Party Service may be subject to additional terms, which you should review. Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. mia does not license any intellectual property to you as part of any Third-Party Service and is not responsible or liable to you or others for information or services provided by any Third-Party Service.

  7. Customer Lists. We may identify you (by name and/or logo) as a customer on mia’s website, social media accounts and/or on other promotional materials. Any goodwill arising from the use of your name and/or logo will inure to your benefit.

  8. Availability/Termination of the Services. mia reserves the right to suspend or terminate your access to all or a portion of the Services at any time, without notice, for any reason whatsoever. You may discontinue your use of the Services at any time. The Services is an early private beta intended for gathering Feedback and is not production quality. The Services may be unavailable from time to time, and mia may change the Services at any time. The Services and any updates to the Services may be unreliable. You may experience errors, bugs, unexpected interruptions, delays or periods of inaccessibility, and loss of data. You assume all risks associated with your use of the Services. We have no obligation to provide any support services for the Services. mia is not liable for any disruption or loss you may suffer as a result or a disruption in the Services. We recommend that you regularly backup Data you store on the Services. Sections 1, 2,(a), 2(c), 3, 5, 9 through 14 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms.

  9. Updates to These Terms. We may change these Terms at any time by posting the amended Terms on this page. Please check the Terms periodically for those changes. Your continued use of the Services after the posting of such changes constitutes your acceptance of the amended Terms. If you do not agree to the modified terms for any of the Services, you should discontinue your use of the Services. For your convenience, the date of last revision is included at the top of this page.

  10. Your Privacy.  Your privacy is important to us. Please read the mia Privacy Policy  (the “Privacy Policy”) as it describes the types of Data we collect from you and your devices, how we use your Data, and the legal bases we have to process your Data. Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to mia’s collection, use and disclosure of your Data as described in the Privacy Policy.

  11. Confidentiality. “Confidential Information” means non-public information, know-how, or trade secrets in any form, that (i) are designated by mia as being confidential, or (ii) a reasonable person knows or reasonably should understand to be confidential. Confidential Information includes, without limitation, any non-public information about mia or the Services that is disclosed to you in connection with these Terms. Confidential Information does not include the following types of information, however marked. Information that: (i) is, or becomes, publicly available without a breach of this Agreement; (ii) was lawfully known to you without an obligation to keep it confidential; (iii) is received from another source who can disclose it lawfully and without an obligation to keep it confidential; (iv) is independently developed; or (v) is Feedback. You agree to not disclose Confidential Information to third parties unless you are required to do so by a court order or law. You will use Confidential Information only for the purposes of the private beta relationship documented in this Agreement. You agree to take reasonable steps to protect the Confidential Information. These steps must be at least as protective as the steps you take to protect your (or your company’s) own confidential information. You may disclose Confidential Information if required by a court order or other government demand that has the force of law. Prior to disclosure, you must: (i) seek the highest level of protection available; and (ii) give mia reasonable prior notice to allow us to seek a protective order. You will notify mia if you learn of any leak of Confidential Information and will help prevent further leaks. Monetary damages may not sufficiently compensate a breach of this Agreement. We may seek court orders to stop the disclosure of Confidential Information in breach of this Agreement without the obligation of posting a bond.

  12. Governing Law and Courts. Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of France, without regard to choice or conflicts of law principles. Further, you and mia agree to the exclusive jurisdiction of the courts of France to resolve any dispute, claim or controversy that arises in connection with these Agreements.

  13. Warranties. MIA AND OUR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICE. MIA DOESN'T GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THE SERVICES OR CONTENT PROVIDED ON OR THROUGH THE USE OF THE SERVICES. TO THE EXTENT PERMITTED APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DATA LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

  14. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from mia or any affiliates direct damages up to an amount up to USD$10.00. You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms or the Services. If you are using the Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify mia and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

  15. Miscellaneous.  We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and mia for your use of the Services. It supersedes any prior agreements between you and mia regarding your use of the Service. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). These Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for mia’s successors and assigns.

  16. Export Laws.  You must comply with all domestic and international export laws and regulations that apply to the Service, which include restrictions on destinations, end users, and end use.