Terms of Service

These Terms of Service (“Terms”) constitute a legally binding contract between you (“you”, “your”, or “User”) and MiaMate (“MiaMate”, “we”, “us”, or “our”), governing your access to and use of the MiaMate websites, web applications, APIs, content, software, and related services (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY CREATING AN ACCOUNT, CLICKING “I AGREE”, “CONTINUE”, OR SIMILAR BUTTONS, OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

Mandatory statutory consumer protection, privacy, and companion-chatbot rights applicable in your jurisdiction remain in full force and are not waived by these Terms.

Related legal documents incorporated by reference:

• Privacy Policy
• Cookie Policy
• Refund & Cancellation Policy
• AI Disclosure & Safety Policy

1. Service description and AI characterization

MiaMate is an online entertainment and conversational companionship platform. The Service allows users to interact with simulated virtual characters (“Mates”), customize personalization settings (such as preferred names, pronouns, and relationship preferences), and build conversational history over time. Some Mates are designated by MiaMate as platonic “Best Friends,” while other Mates are designated as romantic companions (“Girlfriend” or “Boyfriend” categories).

Automated AI Generation: All Mate conversations, dialogue, text responses, memories, and interactions are generated automatically by artificial intelligence software models and probabilistic natural language algorithms.

What MiaMate is:

• An interactive entertainment and creative simulation product.
• An automated software platform providing simulated conversational companionship.

What MiaMate is not:

• A human being or natural person.
• A licensed mental health professional, therapist, psychologist, psychiatrist, counselor, clinical social worker, or medical provider.
• An emergency response service, suicide prevention hotline, crisis intervention center, or 911/988 dispatch service.
• A licensed legal, financial, accounting, investment, or professional advisory service.
• A dating service or matchmaking platform designed to connect you with real human beings.

Anti-Reliance Disclaimer: Mates are computer software programs. They do not possess human consciousness, biological existence, genuine interpersonal affection, or the capacity to experience human emotions. Output generated by Mates may be inaccurate, inconsistent, fictional, repetitive, or offensive. You must not rely on Mate outputs as statements of fact, professional advice, or medical guidance, and you must never rely on a Mate for decisions concerning your health, mental wellbeing, finances, legal rights, or personal safety.

Notice Regarding Minors: Companion chatbots may not be suitable for some minors. Specific age eligibility requirements are detailed in Section 2.

2. Eligibility and age restrictions

You must possess the legal capacity to enter into a binding contract in order to use the Service.

2.1 Platonic Mates (Girl Best Friend / Boy Best Friend)

To use platonic Best Friend Mates, you must be at least 13 years of age (or the higher minimum age required in your country or state to consent to information society services without parental authorization, such as 16 in certain European Union Member States). You must complete email verification or sign in through a verified third-party authentication provider (such as Google). If you are between 13 and the age of majority in your jurisdiction, you represent and warrant that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. Parents and legal guardians are jointly and severally liable for all acts, omissions, and credit purchases made by minors under their care.

2.2 Romantic Mates (Girlfriend / Boyfriend) — Strictly 18+

Romantic Mates involve adult conversational themes, emotional intimacy, and adult-oriented roleplay. To access or interact with romantic Mates, you must be at least 18 years old (or the age of legal majority in your jurisdiction, if higher) and you must successfully complete our mandatory age-confirmation flow, which includes providing your self-declared date of birth and an affirmative legal attestation of age.

We maintain an immutable compliance log of every age-confirmation attempt, recording declared date of birth, calculated age, IP address, user agent string, and timestamp. Falsifying your date of birth or misrepresenting your age is a material breach of these Terms and a violation of law. If we discover or have reason to believe that a user accessing romantic Mates is under 18, we will immediately and permanently revoke access to romantic features, terminate the account, and, where required by law, preserve evidence and report the incident to appropriate child safety or regulatory authorities.

2.3 General Restrictions

You may not access or use the Service if: (a) you are located in a jurisdiction subject to comprehensive trade embargoes or sanctions (including OFAC, EU, or Indian trade restrictions); (b) you are listed on any government denied-party or sanctioned-persons list; or (c) your account has previously been suspended or terminated by MiaMate for breach of policy or violation of law.

3. Account registration, credentials, and security

To access core features, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration and keep your account details updated.
• Maintain the absolute confidentiality of your login credentials, including passwords and authentication tokens.
• Accept sole responsibility for all activities, interactions, and financial transactions occurring under your account.
• Promptly notify MiaMate at notifications@miamate.app upon discovering or suspecting any unauthorized access or security breach.

You may not sell, rent, transfer, assign, or share your account credentials with any third party. Automated registration, scripted account creation, and the use of unauthorized bots are strictly prohibited. MiaMate reserves the right to suspend, terminate, or reclaim account usernames or profiles that violate these Terms or infringe third-party rights.

4. Acceptable use policy and prohibited conduct

You agree to use the Service strictly in compliance with all applicable local, state, national, and international laws and regulations.

4.1 Prohibited Content (Hard Blocks)

You must not transmit, generate, request, facilitate, or attempt to elicit any content falling within the following zero-tolerance categories:

1. Child Sexual Abuse Material (CSAM) and Child Exploitation: Any sexual, erotic, or suggestive content involving, depicting, or referencing anyone under 18 years of age, or anyone who appears to be a minor, including fictional, synthetic, anime, or roleplayed minors.
2. Non-Consensual Sexual Content: Coercive, non-consensual sexual scenarios, sexual violence, rape, sexual assault, incest, bestiality, necrophilia, or non-consensual sexual imagery.
3. Suicide and Self-Harm Promotion: Content that encourages, instructs, glorifies, or promotes suicide, self-harm, or eating disorders. (Users experiencing emotional distress or suicidal ideation are supported under our non-punitive crisis protocol detailed in Section 8 and the AI Disclosure & Safety Policy).
4. Extreme Violence and Terrorism: Content promoting terrorist organizations, violent extremism, mass violence, weapons manufacturing, or gratuitous gore.
5. Hate Speech and Harassment: Content that promotes violence, incites hatred, discriminates against, or disparages individuals or groups based on race, ethnicity, religion, disability, age, nationality, sexual orientation, gender identity, or other protected characteristics.
6. Statutory Intermediary Restrictions (including India IT Rules, Rule 3(1)(b)): Content that belongs to another person and to which you do not have a right; is defamatory, obscene, pornographic, pedophilic, invasive of another's bodily privacy; insulting or harassing on the basis of gender; racially or ethnically objectionable; encouraging money laundering or gambling; or that threatens the unity, integrity, defense, security, or sovereignty of any nation or public order.

4.2 Prohibited Technical and Behavioral Conduct

You further agree not to:

• Attempt to push, prompt, jailbreak, or manipulate a platonic Mate into romantic, intimate, or sexually explicit roleplay.
• Bypass, tamper with, or circumvent content moderation filters, safety classifiers, age gates, credit counters, or geographic IP restrictions.
• Submit prompts or content designed to trick, jailbreak, or force the underlying artificial intelligence models into violating safety rules.
• Interfere with, disrupt, reverse-engineer, decompile, or extract source code, model weights, system prompts, or internal architectures of the Service, except to the extent permitted by mandatory statutory law.
• Use web scrapers, crawlers, automated spiders, bulk data extractors, or unauthorized automated tools to access the Service or harvest catalog data.
• Systematically extract chat logs, prompts, or Mate outputs to train, fine-tune, benchmark, or develop competing artificial intelligence models, algorithms, or services.
• Impersonate any real natural person, living or deceased, or falsely represent affiliation with any person or entity, including falsely claiming to be a licensed healthcare professional or government official.
• Engage in payment fraud, unauthorized credit card use, chargeback abuse, or identity theft.

MiaMate deploys automated real-time classification systems, content filters, and administrative review workflows to detect violations. Repeated violations of hard-block rules will result in automated chat suspension, account termination, and potential reporting to law enforcement authorities.

5. Intellectual property, user content, and AI output

5.1 Your Content

“Your Content” includes all text, prompts, messages, nicknames, user personas, profile information, and instructions that you submit or transmit to the Service. As between you and MiaMate, you retain whatever ownership rights you hold in Your Content.

5.2 License Grant to MiaMate

You grant MiaMate a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to host, store, reproduce, transmit, process, format, display, and create necessary technical derivative works of Your Content solely as necessary to: (a) operate, provide, maintain, and personalize the Service for you; (b) execute semantic memory and relationship mechanics; (c) enforce content moderation, safety rules, and these Terms; (d) transmit prompts to third-party artificial intelligence inference and classification processors; and (e) comply with statutory legal obligations.

MiaMate does not claim a license to use your private conversation content to train MiaMate’s own proprietary foundation language models.

5.3 Real-Time Automated Routing Consent (Electronic Communications Consent)

You expressly acknowledge, agree, and provide affirmative contractual consent that in order to process your chat turns, personalize responses, and ensure user safety, your prompts, context, and conversation history are automatically transmitted in real time through electronic communication interfaces to third-party artificial intelligence inference providers, embedding models, and moderation classification vendors, as disclosed in our Privacy Policy.

5.4 AI-Generated Output

Subject to your full compliance with these Terms, and to the maximum extent permitted by applicable law, MiaMate assigns and conveys to you whatever right, title, and proprietary interest MiaMate may hold in the machine-generated text outputs resulting specifically from your prompts.

You acknowledge that:

1. Artificial intelligence outputs are machine-generated probabilistic text and, under current copyright laws in many jurisdictions, purely machine-generated outputs may not be eligible for copyright protection.
2. Artificial intelligence models may generate identical, similar, or repetitive outputs for other users submitting similar prompts, and you acquire no exclusive ownership over outputs generated for other users.
3. You are solely responsible for your use, publication, or distribution of any AI-generated output and for ensuring that your use does not violate third-party intellectual property or publicity rights.

5.5 MiaMate Proprietary Rights

All virtual Mates, character personas, names, backstories, character art, user interface designs, visual aesthetics, logos, software code, algorithms, system prompts, documentation, and trademarks are the exclusive proprietary property of MiaMate or its licensors. You may not copy, reproduce, scrape, modify, distribute, or commercially exploit any Mate characters, artwork, or Service assets without our prior written authorization.

6. Copyright infringement, DMCA takedown, and repeat infringer policy

MiaMate respects intellectual property rights and adheres to the safe harbor provisions of the Digital Millennium Copyright Act (17 U.S.C. § 512) and international copyright directives.

6.1 DMCA Notice of Infringement

If you believe in good faith that any content hosted on the Service infringes your copyright, you or your authorized agent may send a written notification to our Designated Copyright Agent containing the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright.
2. Identification of the copyrighted work claimed to have been infringed, or a representative list of works.
3. Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., URL or specific Mate name).
4. Your contact details, including legal name, address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Designated Copyright Contact:
Email: notifications@miamate.app (Subject: “DMCA Copyright Notice”)
Postal: Legal Department, MiaMate Operations

6.2 Counter-Notification Procedure

If you believe that your content was removed or disabled by mistake or misidentification, you may submit a written counter-notification to our Designated Copyright Agent containing your physical/electronic signature, identification of the removed content, your contact information, a statement under penalty of perjury that you have a good faith belief the material was removed in error, and consent to the jurisdiction of the federal district court for your judicial district.

6.3 Repeat Infringer Policy

Under 17 U.S.C. § 512(i)(1)(A) and applicable international standards, MiaMate maintains an explicit policy to terminate, in appropriate circumstances and at our sole discretion, the accounts of users who are determined to be repeat copyright infringers.

7. Credits, payments, billing, and subscriptions

7.1 Prepaid Credit Packs (Non-Recurring)

The Service operates on a pay-as-you-go virtual credit model for AI conversational interactions:

• Credit packs are sold exclusively as one-time, prepaid purchases. Purchasing a credit pack does not enroll you in an automatic recurring charge.
• Paid credits are added to your account wallet upon payment confirmation by our payment gateway (Razorpay).
• Credits do not expire while your account remains active and in good standing.

7.2 Memberships, renewal, and upgrades

Spark, Heart, and Eternal provide the romantic access, active Mate capacity, and period credits displayed before checkout. A membership may be recurring or prepaid; payment mode is disclosed before authorization.

• India: Eligible customers may authorize recurring INR payments through Razorpay. Ordinary extra-credit purchases remain one-time payments with supported domestic methods.
• International: Live checkout uses one-time USD PayPal payments through Razorpay, subject to provider eligibility. Membership expires on the displayed date and renewal requires another purchase; no automatic renewal is created.
• Prices and fulfillment: INR and USD are separate catalog prices. The displayed payment amount, currency, tax, and period apply. Credits and access require verified captured payment, rather than mandate authorization alone.
• Renewal consent: Automatic charges require express authorization of the recurring amount, frequency and start date. An existing prepaid period remains prepaid unless you authorize future recurring payments.
• Cancellation: Cancel future charges in Settings > Billing or contact billing support. Access continues through the paid expiry and credits remain available. Cancellation does not itself refund the paid period. A pending provider cancellation requires follow-up; statutory rights remain unaffected.
• Upgrades: Eligible upgrades charge the quoted prorated difference, preserve expiry, and allocate the incremental credits quoted. International upgrades remain prepaid. Indian upgrades may first require a new future-start mandate and then a separate upgrade payment; the old renewal is cancelled once the required verification succeeds. The new full period price is due at the original expiry. Failed replacement checks are reconciled and captured upgrade payments refunded where the upgrade cannot complete.
• Verification charge: Razorpay may temporarily charge ₹5 to authenticate a mandate and refund it automatically. The amount shown by the provider applies. It is separate from the upgrade charge and does not grant paid access or credits.
• Plan restrictions: An active same-tier period cannot be extended by buying it again; downgrades wait until expiry. Comparing monthly/yearly prices does not change the active period. Payment retries do not guarantee access beyond a paid expiry.
• Price changes: We give at least 30 days' advance email notice of increases affecting recurring arrangements and obtain fresh authorization when required. Continued use alone does not authorize an otherwise unauthorized higher debit.

7.3 Relationship Between Subscriptions and Conversation Credits

• Distinct Mechanics: Subscriptions grant access to romantic companions and govern active Mate capacity limits. Conversation credits fund the computational generation of individual chat messages.
• Non-Substitution: An active subscription does not substitute for conversation credits once turn allotments are exhausted. Conversely, purchasing credit packs does not unlock romantic Mates without an active subscription.
• Credits Unaffected by Subscription Cancellation: Cancelling your subscription renewal does not erase, forfeit, or expire your purchased virtual credits.

7.4 Your credit wallet

Promotional credits, purchased credits, and subscription allowances contribute to one displayed credit balance. Credits fund conversations with Mates you are eligible to access. Buying credits does not unlock romantic access; that access also requires an active subscription and applicable age and consent checks.

Credits are non-transferable service credits. Promotional credits are not redeemable for cash. Refunds and mandatory consumer rights are governed by the Refund & Cancellation Policy.

7.5 Statutory withdrawal rights

EU, EEA, and UK consumers may have a 14-day withdrawal right, subject to the rules for digital services and content. We do not treat payment, allocation of credits, or acceptance of these Terms alone as a waiver. Any loss of that right requires the legally required express consent, acknowledgement, and confirmation. Deductions for immediate services apply only where permitted by law and supported by the required request and disclosures. See the Refund and Cancellation Policy for requesting withdrawal and refunds.

7.6 Refund and Cancellation Terms

All purchases are subject to our comprehensive Refund & Cancellation Policy. In summary:

• Purchases are generally final and non-refundable, except where required by mandatory consumer protection law or in verified cases of technical billing failure, unauthorized fraudulent charges, accidental renewal within the 48-hour grace window (with zero message usage), or duplicate transactions.
• Proration and Denial: If you request a refund after credits have already been consumed, MiaMate may deny the refund or prorate the refund to account for consumed credits.
• Negative Balance and Chat Locking: If a chargeback, reversal, or payment processor refund is processed after you have consumed credits, our ledger will record the reversal, which may cause your paid credit balance to become negative. Conversation access requires sufficient available credits and an eligible membership where applicable. Refunds can also reverse the access purchased by the affected payment.
• Chargeback Abuse: Initiating fraudulent or bad-faith chargebacks may result in immediate account suspension or termination.

8. Safety protocols, crisis response, and account suspension

8.1 Safety Rules and Safe Mode

We maintain content safety systems to protect our community. Safe Mode is a user-configurable privacy setting that tightens conversational boundaries and restricts suggestive themes; Safe Mode never expands romantic or sexual capabilities.

8.2 Crisis Response Protocol

MiaMate deploys automated keyword and pattern matching to detect expressions of suicidal ideation, self-harm, and severe crisis in user messages.

• When an inbound crisis expression is detected, the Service does not route the turn to a generative language model.
• You are not charged credits for that turn.
• The Service returns an immediate, compassionate, fixed template disclaiming clinical capabilities and providing immediate contact details for verified national and international crisis helplines (such as 988 in the US).
• The protocol is not a clinical tool or medical device. Full details of our safety protocol are published in the AI Disclosure & Safety Policy.
• Users are never punished or banned for seeking help or expressing emotional distress.

8.3 Enforcement and Account Suspension

• Default Suspension Threshold: Accumulating three (3) verified hard-block policy violations within a rolling 90-day window triggers an automated 24-hour global chat suspension. During a chat suspension, you may still access settings, account export, and billing management.
• Immediate Termination: MiaMate reserves the right to immediately and permanently suspend or terminate any account involved in severe violations, including CSAM, terroristic threats, unauthorized minor access, payment fraud, or illegal conduct.

9. Geographic restrictions and region blocking

MiaMate may restrict or block access to the Service from certain jurisdictions, countries, or regions to comply with applicable laws, export controls, or sanctions regulations (returning an HTTP 451 notice). You agree not to use virtual private networks (VPNs), proxy servers, or other circumvention technologies to disguise your true geographic location in order to access the Service from prohibited jurisdictions.

10. Conspicuous warranty disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, THE SERVICE, INCLUDING ALL MATES, SOFTWARE, CHATBOT INTERACTIONS, AI OUTPUTS, AND CONTENT, IS PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS.

MIAMATE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

1. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
2. ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OPERATE UNINTERRUPTED, BE SECURE, TIMELY, OR ERROR-FREE.
3. ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, OR APPROPRIATENESS OF ANY AI-GENERATED OUTPUTS, CHAT REPLIES, OR MEMORY DATA.

SOME JURISDICTIONS (INCLUDING THE EUROPEAN UNION, UNITED KINGDOM, AND INDIA FOR CONSUMER CONTRACTS) DO NOT PERMIT THE COMPLETE EXCLUSION OF CERTAIN IMPLIED STATUTORY WARRANTIES. IN SUCH JURISDICTIONS, OUR WARRANTIES ARE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT WHERE SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW:

1. NO CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL MIAMATE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, EMOTIONAL DISTRESS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. AGGREGATE LIABILITY CAP: THE TOTAL AGGREGATE LIABILITY OF MIAMATE AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), SHALL BE STRICTLY LIMITED TO THE GREATER OF:
   • THE TOTAL AMOUNT PAID BY YOU TO MIAMATE FOR CREDIT PACKS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR
   • FIFTY UNITED STATES DOLLARS (USD $50.00) (OR LOCAL CURRENCY EQUIVALENT).

Mandatory Consumer Rights: If you are a consumer residing in the European Union, United Kingdom, or India, non-waivable statutory rights granted under applicable consumer protection legislation (such as the Indian Consumer Protection Act, 2019 or EU Consumer Rights Directives) are not affected by this limitation.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MiaMate, its parent, subsidiaries, affiliates, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to: (a) Your Content; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) your misuse of the Service or violation of applicable statutory laws. This indemnity obligation does not apply to consumers to the extent prohibited by mandatory local consumer protection statutes.

13. Dispute resolution, binding arbitration, and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

13.1 Informal Resolution

Before initiating any formal legal proceeding, you and MiaMate agree to attempt in good faith to resolve any dispute, controversy, or claim arising out of or relating to these Terms informally. You must send a written notice of dispute detailing your claim and desired relief to notifications@miamate.app. If the dispute is not resolved within thirty (30) days of our receipt of the notice, either party may pursue formal dispute resolution as provided below.

13.2 Mandatory Binding Individual Arbitration (United States Residents)

If you reside in or access the Service from the United States:

1. Binding Arbitration: You and MiaMate agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or AI-generated outputs shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in a court of general jurisdiction.
2. Authority: The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration agreement.
3. Class Action Waiver: YOU AND MIAMATE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING.
4. Exceptions: Either party may bring an individual action in small claims court for claims within the court’s jurisdictional limits. Either party may seek emergency injunctive relief in a court of competent jurisdiction to protect against intellectual property infringement or computer misuse.
5. Arbitration Opt-Out: You have the right to opt out of this binding arbitration provision by sending written notice of your decision to notifications@miamate.app within thirty (30) days of your initial creation of an account. Your notice must include your legal name, account email, and an unequivocal statement opting out of arbitration.

13.3 International and Consumer Dispute Carve-Out

If you are a consumer residing in the European Union, United Kingdom, or India:

• Nothing in this Section 13 deprives you of the mandatory consumer protection rights granted by the laws of your country or state of habitual residence.
• Consumers residing in the EU or UK may submit claims to competent local courts in their country of residence.
• Consumers in India may seek statutory remedies before competent consumer dispute redressal commissions under the Consumer Protection Act, 2019.

14. Termination and account deletion

14.1 Deletion by You

You may terminate this contract at any time by deleting your account through the application settings (Settings → Privacy → Delete Account). Account deletion initiates a 14-day soft-delete grace period during which you can restore your account by logging in. Following the grace period, your personal relationship data and message histories are permanently purged within thirty (30) days, subject to mandatory retention of financial and compliance records as set forth in our Privacy Policy.

14.2 Termination by MiaMate

MiaMate may suspend or terminate your account or access to the Service at any time for: (a) material or repeated breach of these Terms; (b) suspected fraudulent, abusive, or unlawful activity; (c) failure to resolve negative credit balances; (d) operational cessation of the Service; or (e) legal or regulatory compliance requirements.

14.3 Effect of Termination

Upon account termination, your right to use the Service immediately ceases. Unused credit balances are forfeited, except where our Refund Policy or mandatory consumer protection law requires reimbursement.

15. Changes to these Terms

MiaMate reserves the right to modify these Terms from time to time. When we make a material change to these Terms, we will notify you through the Service or via email, and you will be required to review and accept the updated Terms before continuing gated use of the Service (such as chatting or creating new relationships). Non-material administrative changes become effective upon posting with an updated “Last updated” date. If you do not agree to any modification, you must cease using the Service and delete your account.

16. General provisions

1. Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, Refund & Cancellation Policy, and AI Disclosure & Safety Policy, constitute the complete and exclusive agreement between you and MiaMate regarding the Service.
2. Severability: If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
3. No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
4. Assignment: You may not assign, transfer, or delegate these Terms without our prior written consent. MiaMate may freely assign these Terms in connection with a merger, acquisition, corporate restructuring, or sale of assets.
5. Notice and Contact: Official communications and notices may be served by email or through the Service interface.

Legal and Support Contacts:

• Customer Support & Billing: notifications@miamate.app
• Legal & Copyright Inquiries: notifications@miamate.app
• Privacy & Grievances: notifications@miamate.app

Version history

• 1.3.0 — Regional pricing, prepaid and recurring memberships, upgrade mandates, verification charges, refund effects, and conditional withdrawal consent.
• 1.2.0 — Production audit update: unified virtual credit wallet, payment gateway alignment to Razorpay, self-service subscription cancellation navigation, and signed token architecture.
• 1.0.0 — Initial production release.