Terms of Service
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the MiraTalk mobile application (the "Service") operated by MiraTalk ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
MiraTalk is designed for users who are 13 years old and above. If you are under 13, you may not use MiraTalk.
Intellectual Property Rights
The MiraTalk mobile application and all its components, including but not limited to source code, databases, functionality, app designs, text, photographs, and graphics (collectively, the "Content") and all trademarks, logos, brand names, and distinctive elements contained therein are our exclusive property or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, foreign jurisdictions, and international conventions. The Content and all brand elements are provided in the App for your information and personal use only. Except as expressly provided in these Terms, no part of the Service and no Content or brand elements may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Service, you are granted a limited license to access and use the MiraTalk mobile application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service, Content, and all brand elements.
Apple App Store Distribution
The following terms apply when you use the MiraTalk mobile application obtained from the Apple App Store to access the Service:
- The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS operating system and in accordance with the usage rules set forth in the Apple App Store's terms of service;
- We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
- In the event of any failure of the mobile application to conform to any applicable warranty, you may notify Apple. Apple, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application;
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
- You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
- You acknowledge and agree that Apple is a third-party beneficiary of the terms and conditions in this mobile application license contained in these Terms of Service, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Service against you as a third-party beneficiary thereof.
Pricing
Subject to the Terms, contents of MiraTalk are provided to you without charge. Extra features or resources, like a PRO subscription, may require a subscription plan and the payment of fees. New users receive a 7-day free trial period with full PRO features. After the trial period, free users have limited daily access to functionality, including daily message limits, goal creation limits, and check-in limits. PRO subscribers have significantly higher daily limits compared to free users. All usage is subject to our Fair Usage Policy (see below). Subscription purchases are managed through Apple's App Store and are subject to Apple's terms and conditions. You can manage your subscription, including cancellation and refund requests, through your Apple ID account settings.
Fair Usage Policy
While PRO subscribers have generous daily limits, we reserve the right to monitor usage and take action if usage patterns indicate abuse or misuse of the Service. We may, at our sole discretion, limit or suspend access for users whose usage places an unreasonable burden on our systems or violates the intended use of the Service, even if they have not technically exceeded their daily limits.
AI-Generated Content Disclaimer
The AI coach responses and content generated through MiraTalk are provided by artificial intelligence systems and may not always be perfectly accurate or appropriate for every situation. While we strive to provide helpful and accurate guidance, AI-generated content should not be considered as professional medical, psychological, or therapeutic advice. Users should exercise their own judgment and consult with qualified professionals for mental health concerns. MiraTalk does not guarantee the accuracy, completeness, or appropriateness of AI-generated content and shall not be liable for any decisions or actions taken based on such content.
IMPORTANT: MiraTalk is not a substitute for professional mental health care. If you are experiencing a mental health crisis, having thoughts of self-harm, or need immediate assistance, please contact your local emergency services or a qualified mental health professional immediately. Do not rely on AI-generated responses for critical mental health decisions.
MiraTalk reserves the right, but has no obligation, to monitor content within the service and to limit or deny a user's access to MiraTalk or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful, or malicious. MiraTalk shall have the right to remove any content that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under applicable laws.
If you become aware of misuse of our Service, please contact us at support@miratalkapp.com.
Limitation of Liability
To the maximum extent permitted by law, MiraTalk shall not 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; (iv) unauthorized access, use or alteration of your transmissions or content; and (v) any decisions or actions taken based on AI-generated 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.
In no event shall MiraTalk's total liability to you for all damages, losses, or causes of action exceed the amount you have paid to MiraTalk in the last twelve (12) months, or one hundred dollars ($100), whichever is greater.
Exclusions
Some countries have laws that don't allow us to exclude certain warranties or limit our liability for damages. If you're in one of those countries, the limitations above might not apply to you.
Links To Other Sites and Services
If MiraTalk provides links to third-party websites or services, we have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. You access third-party sites or services at your own risk, and our terms and policies no longer apply once you leave MiraTalk.
Privacy Policy
We take data privacy and security seriously. Please read our Privacy Policy carefully. By using MiraTalk, you agree to follow our Privacy Policy, which is part of these Terms of Service.
Important: MiraTalk's data is stored and processed in the United States. If you're using MiraTalk from Europe, Asia, or anywhere else with different privacy laws than the United States, please understand that your data will be transferred to and processed in the United States. By continuing to use MiraTalk, you agree to this data transfer and processing.
Termination
We can stop your access to MiraTalk at any time, without warning, if you break these Terms or for any other reason. Even after your access is terminated, certain parts of these Terms will still apply, including our ownership rights, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree to protect us from any legal claims or costs that arise from your use of MiraTalk. This includes claims related to: (1) how you use the Service; (2) breaking these Terms; (3) any false statements you made; (4) violating someone else's rights (like copyright); or (5) harming other users. If someone sues us because of your actions, you'll pay for our legal defense and any damages. We'll try to let you know if this happens, but you're still responsible for the costs.
Disclaimer
You use MiraTalk at your own risk. We provide the Service "as is" without any guarantees. We don't promise that MiraTalk will work perfectly, be available all the time, be secure, or meet your specific needs. We also don't guarantee that we'll fix bugs or that the app is free from viruses or other problems.
Governing Law
These Terms are governed by Australian law. If we don't enforce a rule in these Terms, it doesn't mean we're giving up that right. If a court says any part of these Terms is invalid, the rest of the Terms still apply. These Terms are our complete agreement about MiraTalk and replace any previous agreements we had.
Force Majeure
We won't be responsible for delays or problems with MiraTalk that are caused by things beyond our control, like natural disasters, wars, terrorism, government actions, power outages, or other major events.
Entire Agreement
These Terms, along with our Privacy Policy and any other rules we post, make up our complete agreement about MiraTalk. If any part of these Terms is found to be invalid, the rest of the Terms still apply.
Assignment
You can't transfer your rights under these Terms to someone else without our permission. We can transfer our rights to someone else without asking you first.
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.
Contact Us
If you have any questions about these Terms, please contact us at support@miratalkapp.com.