Terms of Service

1. Agreement

These Terms of Service (the "Terms") govern your use of the miredain.com website and the software products published by Miredain LLC ("Miredain," "we," "us," or "our"), a single-member limited liability company formed in California, United States.

By using our website or any of our products, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use them.

Product-specific terms. An individual product may publish its own terms. Where those terms and these Terms differ, the product's own terms govern that product.

2. Definitions

• Content — text, images, video, audio, or other material appearing on or delivered through the Service.
• Product — a software application published by Miredain LLC.
• Service — the miredain.com website and our products, together.
• Subscription — a paid, recurring right to use features of a product.
• Your Content — anything you upload, enter, generate, or otherwise provide through a product.
• You — the person or entity using the Service.

3. Eligibility

You must be at least 13 years old to use our products, or 16 if you are in the European Economic Area and local law sets that age. If you are under 18, you may use our products only with the involvement of a parent or guardian who agrees to these Terms on your behalf.

If you use the Service for an organisation, you represent that you have authority to bind that organisation to these Terms.

4. The website

The miredain.com website is provided for information. You may view it and share links to it. It requires no account and does not collect personal information from you (see the Privacy Policy).

5. Our products

5.1 What we provide

Each product's features are described on its own website and store listing. We may add, change, or remove features. If we remove a material feature of a paid product, we will give reasonable notice.

5.2 Accounts

Most products require an account. You are responsible for the accuracy of your account information, for keeping your credentials confidential, and for activity that occurs under your account. Tell us promptly at rbush@miredain.com if you believe your account has been compromised.

We may suspend or terminate an account that violates these Terms or that presents a security risk to the Service or to other users.

5.3 Subscriptions, billing, and cancellation

Some product features require a paid Subscription. Where a product is distributed through an app store or another third-party platform:

• Payment is processed by that platform, not by us, under its own terms. We never receive your payment card details.
• Subscriptions renew automatically at the then-current price until cancelled. The renewal term and price are shown before you purchase.
• You cancel through the platform, in your account settings there, not through us. Cancelling stops the next renewal; access continues to the end of the period you have already paid for.
• Refunds are handled by the platform under its refund policy. We can ask a platform to consider a refund, but we cannot issue one directly for a purchase we did not process.

Free trials. Where we offer a free trial, it converts to a paid Subscription at the end of the trial period unless you cancel before then. Trial eligibility is generally limited to one per person per product.

Price changes. We may change Subscription prices. We will give notice before a change affects you, through the product or by email, and you may cancel before it takes effect.

5.4 Availability

We work to keep our products available and functioning, but we do not promise uninterrupted or error-free operation. Availability may be affected by maintenance, upgrades, security work, third-party outages, and other events. We may suspend the Service, in whole or in part, where necessary — with notice where practical.

We do not offer a service-level agreement or service credits.

6. Acceptable use

You agree not to:

• use the Service for any unlawful purpose, or in violation of any applicable law;
• infringe anyone's intellectual property, privacy, or other rights;
• upload malware or otherwise interfere with the Service or the networks it runs on;
• attempt to breach authentication, access controls, or rate limits, or access data that is not yours;
• scrape, harvest, or systematically extract data from the Service;
• resell, sublicense, or redistribute the Service;
• reverse engineer, decompile, or disassemble the Service, except where that restriction is prohibited by law;
• misrepresent your identity or your affiliation with any person or organisation;
• remove or alter any proprietary notice in the Service.

7. Your Content

You own Your Content. These Terms transfer no ownership of it to us.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, modify (for formatting and display), and transmit Your Content solely to operate the Service and provide it to you. This licence exists so that we can technically deliver the product; it ends when you delete the content or your account, except for copies retained in backups until they cycle out.

We do not use Your Content to train artificial-intelligence models. Where a product uses AI to produce a result for you, your content is sent to a model provider only to generate that result.

We access Your Content only to provide the Service, to address a technical or security problem, to respond to your support request, where the law requires it, or where you have given us permission.

You are responsible for Your Content, and you represent that you have the rights necessary to provide it and to grant the licence above.

8. Intellectual property

The Service — including its software, design, text, graphics, logos, and other content we provide — belongs to Miredain LLC or its licensors and is protected by copyright, trademark, and other laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your personal use, or for your organisation's internal business use. That licence does not permit you to copy, modify, distribute, sell, or lease the Service or any part of it.

Our names, logos, and trade dress may not be used without our prior written permission.

9. Copyright complaints

If you believe material on the Service infringes your copyright, email rbush@miredain.com with:

• your physical or electronic signature;
• identification of the copyrighted work you say is infringed;
• identification of the material you say is infringing, with enough detail for us to locate it;
• your address, telephone number, and email address;
• a statement that you believe in good faith that the use is not authorised by the copyright owner, its agent, or the law;
• a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorised to act for the copyright owner.

We will investigate and may remove material or disable access to it. We may terminate the accounts of repeat infringers.

10. Feedback

If you send us ideas or suggestions for improving the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use them without restriction or compensation. Please do not send us anything you consider confidential.

11. Third-party services

The Service may connect to or link to services we do not control. Your use of those services is governed by their terms and privacy policies. We do not endorse them and are not responsible for them.

12. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available," without warranty of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Miredain LLC does not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these Terms limits any warranty or right you have that cannot be limited by law.

13. Limitation of liability

To the maximum extent permitted by law, Miredain LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Service.

Cap on total liability. Our total liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).

These limits apply regardless of the legal theory and even if we were advised that the damage was possible. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms excludes liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot be excluded by law.

14. Indemnification

You agree to indemnify and hold harmless Miredain LLC and its officers, members, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable legal fees) arising from your violation of these Terms, Your Content, or your misuse of the Service. We may assume the exclusive defence of any matter subject to indemnification by you, and you will cooperate with us.

15. Termination

You may stop using the Service at any time, and may delete your account through the product where that option is offered, or by emailing rbush@miredain.com.

We may suspend or terminate your access if you breach these Terms, if your use presents a legal or security risk, or if we discontinue a product. Where we discontinue a paid product, we will give reasonable notice and, where you have prepaid for a period you can no longer use, a pro-rata refund of that unused period.

On termination, your licence to use the Service ends. Your Content may be deleted after a reasonable period. Sections that by their nature should survive — including sections 7, 8, 10, and 12 through 17 — survive termination.

16. Governing law and disputes

16.1 Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. This does not deprive you of the protection of mandatory consumer-protection law in your country of residence.

16.2 Talk to us first

Before starting a formal proceeding, please email rbush@miredain.com describing the problem. Most disputes can be resolved this way. If we have not resolved it within 30 days, either of us may begin a formal proceeding.

16.3 Arbitration

Except as stated in section 16.4, you and Miredain LLC agree to resolve any dispute by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. This means you and we each waive the right to a jury trial and to participate in a class action.

Arbitration will take place in Alameda County, California, or — at your election — by telephone, by video, or on documents alone. Where the AAA rules require us to bear filing and arbitrator fees for consumer claims, we will. The Federal Arbitration Act governs this section.

16.4 Exceptions

This arbitration agreement does not apply to: claims that qualify for small-claims court; disputes about intellectual property; or a request for injunctive relief to stop unauthorised use of the Service.

16.5 Your right to opt out

You may opt out of arbitration within 30 days of first accepting these Terms by emailing rbush@miredain.com with the subject line "Arbitration Opt-Out," stating your name and that you decline. Opting out does not affect any other part of these Terms, and we will not hold it against you.

17. General

• Changes. We may amend these Terms. We will post the revised version and update the date above, and we will give notice of material changes through the product or by email before they take effect. Continuing to use the Service after that means you accept the change. If you do not accept it, stop using the Service.
• Entire agreement. These Terms, the Privacy Policy, and any product-specific terms are the whole agreement between you and us about the Service.
• Severability. If a provision is held unenforceable, the rest remains in effect.
• No waiver. Not enforcing a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.
• No third-party beneficiaries. These Terms create no rights for anyone other than you and us.
• Export. You agree to comply with applicable export-control and sanctions laws, and represent that you are not located in an embargoed country or on a restricted-party list.

18. Accessibility

We want our products to be usable by everyone, and we work toward the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as a design target. We have not completed a formal third-party conformance audit, and we will not claim conformance we have not verified.

If any part of the Service is difficult for you to use, email rbush@miredain.com. We treat accessibility problems as defects.

19. Contact

Miredain LLC 601 Cedar St #1009 Berkeley, CA 94710 United States

Email: rbush@miredain.com Phone: +1 510-473-8871