Terms of Use
These Terms of Use govern your access to and use of the website ("Website") and mobile application ("App") and any other free or paid online products and services (collectively, our "Services") provided by misi LLC ("misi" or "we").
By accessing or using any of our Services, you agree to be bound by these terms and conditions and misi’s Privacy Policy, incorporated herein by reference (together, the “Agreement”). Your use of the Services is expressly conditioned upon your consent to all of the terms and conditions of this Agreement, including the arbitration clause and class action waiver to resolve any disputes with misi. If you do not agree to any of these terms and conditions, please do not use our Services.
Company Information:
Name: misi LLC
Address: 30 N Gould St Ste R
Sheridan, WY 82801
Email: info@misi.app
1. General Conditions and Acceptance
1.1. Please read carefully through this Agreement before using the Services. If you don’t agree to all or some of the clauses, you shall not use the Services. Acceptance of this Agreement means: a) You have read and understood what the Agreement contains, including Privacy Policy located at https://www.misi.app/privacy-policy. b) You are of age (at least 18 years of age) and have the legal capability to contract the Services. c) You assume all the obligations specified herein.
1.2. This Agreement is valid indefinitely and applicable for all contracts of using the services provided here, subject to the termination clauses below. This Agreement is a legally binding contract between you and us.
2. Object of the Agreement
2.1. misi is an AI-powered platform that serves as your digital personal stylist. We make personalised recommendations of clothes, and make-up and beauty products, assess whether your selected items match your style by analysing a photo of your face, as well as other physical parameters.
2.2. Some of the Services may be provided on a paid basis.
2.3. misi may receive compensation for the referral of customers to the retailers, brands, merchants, and other partners that appear in the Services (“Retailers”).
2.4. The Services are provided at our sole discretion and subject to your compliance with the Agreement. The Services are intended solely for your personal, non-commercial use.
2.5. In order to use the Services, you will need to provide a photo of your face and your clothes, as well as provide your basic physical parameters. The outputs are dependent on the quality of the photo and the accuracy of the data collected on your physical parameters.
2.6. You are solely responsible for providing a suitable photo, measurements of the body, account of body type and height.
2.7 misi LLC utilizes user data and affiliate partnerships to provide personalized shopping recommendations. These recommendations are tailored to your unique style profile, which includes data from your color analysis and style personality quiz.
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Personalised Recommendations: Based on your individual results from our color analysis, misi curates a selection of products that align with your unique color palette and style preferences. This personalized approach aims to streamline your shopping experience and enhance your wardrobe with items that truly suit you.
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Affiliate Partnerships: We collaborate with various retailers through Awin, an affiliate network, which helps us introduce you to a wide range of products that match your style profile. When you purchase through the links provided in our app, we may receive a commission from our affiliated partners at no additional cost to you.
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Transparency in Recommendations: The recommendations provided are influenced by the partnerships we have with fashion and beauty retailers. While we strive to offer a diverse array of choices, the availability of products is subject to our affiliates’ inventory.
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No Obligation to Purchase: Our shopping recommendations are provided for your convenience and you are under no obligation to purchase any of the recommended items. We encourage you to choose products that not only meet your style needs but also align with your personal shopping preferences and budget.
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Security and Data Usage: All personal data used to generate shopping recommendations are processed in accordance with our Privacy Policy, ensuring your information is handled securely and with respect.
By using our Services, you acknowledge and agree to the potential of receiving personalized shopping recommendations and understand the role of our affiliate partnerships in facilitating these suggestions.
3. Registration and Eligibility
3.1. The registration procedure is available in English. Any other available languages will be indicated before starting the registration procedure.
3.2. To use the App, you may be required to create an account (“Account”) and will be asked to provide certain personal information, which may include your name and email address. You must accept the terms of use and privacy policy upon downloading the App.
3.3. The user must be of a legal age (at least 18 years of age) to register and use our Services. You must make an explicit confirmation of your age before proceeding with the registration. When using our Services you confirm you are of a legal age as specified above.
3.4. If at any point, we discover a profile believed or suspected to be that of a minor, we reserve the right to require you to provide evidence of your legal age. Failure to provide sufficient proof will result in immediate termination of your Account and deletion of your data.
3.5. You shall not use an Account belonging to another person. Each individual person is limited to one Account. You shall provide us with accurate, complete, and up-to-date registration information. You shall be responsible for maintaining the confidentiality of your password, or credentials of your profile from a third-party platform, in case you choose to log-in using such credentials (e.g., social media network). Any failure to comply with this provision may result in immediate termination of your Account. We reserve the right to refuse registration to anyone or cancel your registration at our sole discretion. Please note that the Services may contain certain limited features that prompt you to upload a photo of another person in accordance with the Privacy Policy, for example certain referral features of the Services. In all such cases you agree and certify that you have all required consent and approval to upload the photo for the purposes of engaging with such a limited feature.
3.6. You guarantee that all data concerning your identity provided on the registration forms is truthful, accurate, and complete. You also commit to keeping the data updated at all times. In the event that you provide any false, inaccurate, or incomplete data, or if we consider that there are grounds to doubt the truthfulness, accuracy and completeness of the data, we may deny access to the Services; we may also terminate or cancel the Account.
4. User Content
4.1. Our Services may allow you to create, post, store and share content including outfits, clothes, photos, messages, text, and other materials (collectively, “User Content”). Subject to this Agreement, you retain all rights to your User Content. We do not claim ownership of any User Content that you post on or through the Services.
4.2. By providing your User Content when using Services, you (a) grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for the Company’s promotional purposes (for example, by displaying on our Website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify us and our affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the User Content and/or your failure to comply with this Agreement.
4.3. You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on the Services or on, around, or in conjunction with your User Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
4.4. You represent and warrant that: (i) you own or otherwise have the right to use the User Content modified by you on or through the Services in accordance with the rights and licenses set forth in this Agreement; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content that you stylize on or through the Services; and (iii) you have the legal right and capacity to enter into this Agreement in your jurisdiction.
4.5. You may not create, post, store or share any User Content that violates this Agreement or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason.
4.6. Notwithstanding the above, we reserve the right to cancel, withdraw, or not to publish, at any time and without notice to you, any User Content we deem, in our sole discretion, as unsuitable or that violates this Agreement, the law, or any rights of third parties.
4.7. You may also only post or otherwise share User Content that is non-confidential, and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright, publicity or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
• Impersonates or misrepresents your affiliation with any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without the third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose the Service or others to any harm or liability of any type.
4.8. In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
5. Your Use of the Services
5.1. Any content you submit through the Services is governed by the Company’s Privacy Policy. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas. As a condition of using the Services, you agree not to use the App for any purpose that is prohibited and is not specifically allowed by this Agreement. You are responsible for all of your activity in connection with the Services and you shall abide by all local, state, national, and international laws.
5.2. You shall refrain from using your profile and the other content and services provided for purposes or effects (a) other than to share outfits, opinions and purchasing decisions on garments, clothing and fashion or (b) which are unlawful or harmful to the rights and interests of others, or in any way damage, disable, affect or impair the Services, its content and services. It is also prohibited to use the platform in any way that prevents or hinders the proper functioning of the Services or the normal use or enjoyment of the Services by other users.
5.3. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App or the Services; modify, reverse engineer, decompile or disassemble any part of the App and the Website; copy, adapt, alter, modify, translate, or create derivative works of the App and the Website without the written authorization of the Company; permit other individuals to use the App and the Website, including but not limited to shared use via a network connection, except under the terms of this Agreement; circumvent or disable any technological features or measures in the App and the Website; use the App and the Website in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to a content file or other work protected by the copyright laws of any jurisdiction; use or access the Services to compile data in a manner that is used or usable by a competitive product or service; use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone; use your Account to engage in any illegal conduct; upload or transmit any communications that infringe or violate the rights of any party; upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit, or any material that could give rise to any civil or criminal liability under applicable law or that otherwise may be in conflict with this Agreement; upload any material that contains software viruses or any other computer code, files or programs that is malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer software or the Services. perform any other actions that are not consistent with this Agreement and applicable laws.
5.4. Any such forbidden use shall immediately terminate your license to use the Services.
5.5. You are solely responsible for the access to and proper use of your Account and contents within the Service, subject to the law, whether national or international, as well as the principles of good faith, morality, good custom, and public order.
6. Export Controls
18.1. We may modify this Agreement from time to time if we think it is necessary. If this happens, we will make the changed Agreement available online and make reasonable efforts to tell you about it, if required by applicable laws.
18.2. Your continued use of the Services after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
18.3. If you disagree with the amendments and updates to the Agreement, you shall cease using our Services.
18.4. We have the right to assign our rights and obligations under this Agreement to any affiliates or to any entity inside our group.
18.5. If you have any comments or questions on any part of the Services or any part of this Agreement, require support, or have any claims, please contact us at info@misi.app.
6.1. The software that supports the App may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
6.2. You represent and warrant that you are (1) not located in any country or region that is subject to government embargo, and (2) are not a denied party as specified in the regulations listed above.
6.3. You agree to comply with all export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from us under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
7. Paid Services and Subscriptions
7.1. Some of the Services may be paid: for example, we may offer you a subscription or a one-time purchase. The price of each product will be indicated on the paywall, in the subscription manager tab or in other places within the App and Services.
7.2. We may offer you the opportunity to purchase subscriptions that provide access to certain additional Services. Subscriptions continue indefinitely. We charge you ongoing fees automatically on a regular basis until cancelled. We explain the on-going fees, the billing frequency, and how to cancel before you make a purchase.
7.3. Certain Services included in the subscription may change from time to time as we introduce new features, develop our existing offering, and sometimes retire features. The features and content contained in the Services may differ by country, language, relevant store, version, or device.
7.4. Our App is available via the third-party platform operators Apple App Store and Google Play Store. Therefore, when you make a purchase, you may additionally enter into a separate contract with a third-party app provider, whose terms and conditions may apply. Depending on the third-party service provider’s terms and conditions, you may need to exercise your rights of cancellation and revocation of the subscription with them directly.
7.5 You may purchase the subscription on a recurring basis disclosed to you prior to your purchase directly from us or through a third party by paying a subscription fee plus applicable taxes in advance. The prices will be indicated in local currency and include the corresponding Value Added Tax (VAT) and any other applicable taxes. The prices indicated will be the current ones.
7.6. We may from time to time make changes to subscription, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect.
7.7. Although we try to ensure that all prices on the Services are correct, errors may happen. If that happens, we will contact you. You will have the right to repurchase the Services once the error has been resolved. If we are unable to contact you, your purchase will be automatically cancelled.
7.8. Your subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period.
7.9. You must cancel your subscription or trial before it renews to avoid the billing of the fees for the next subscription period. Please contact Apple or Google for information about billing, cancellation and refunds. You can also email us at info@misi.app.
7.10. A typical purchase will be done in accordance with the following steps:
You should choose the service or subscription which you intend to pay for. The details of each service are described in the relevant section of the App. Once you choose the service, you will access the contracting section, where you will be presented with the required legal information, a description of the service, its price, and/or duration and validity of the service. You may be able to choose between various options. You must confirm the chosen service with the total price and description and choose a payment method. The confirmation will be finalized by pressing a button titled “Subscribe” or similar language to that effect, which constitutes your agreement with the terms of the transaction Once this button is clicked, you must finalize the purchase procedure by filling in the necessary information corresponding to the payment method chosen.
7.11. We, or a third party platform, may also send you an email summary of the completed purchase, including the description, characteristics, duration, price, payment method, and date of the contract. You might not have a right of withdrawal from the contract or requesting a refund for such a completed transaction.
7.12. From time to time you may have the opportunity to purchase a subscription in the form of a promotional offer. Promotional offers may be for new users only and/or not be valid for all users and are only available for a limited time. Other restrictions may apply. After the promotional period, subscription automatically continues at the then-current regular price (subject to change), unless canceled, plus applicable taxes.
8. Privacy
8.1. We will process your personal information in compliance with the applicable privacy laws. Please read more in our Privacy Policy, which is an integral part of this Agreement.
9. Limited License to Services
9.1. Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, user-generated filters and other content contained therein (collectively, the “Service Content”) are owned by or licensed by us and are protected under the law. Except as explicitly stated in this Agreement, the Services and our licensors reserve all rights to our Services and the Service Content. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services and Service Content for your personal, non-commercial purposes; however, such license is subject to this Agreement and does not include any right to: (a) sell, resell or commercially use our Services or Service Content; (b) copy, reproduce, distribute, publicly perform or publicly display Service Content, except as expressly permitted by us or our licensors; (c) modify the Service Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Service Content, except as expressly set forth in this Agreement; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use our Services or Service Content other than as expressly provided in this Agreement. Any use of our Services or Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under this Agreement. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service Content.
9.2. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification or other content owned or licensed by the Company, you must obtain written permission from the Company. Permission requests may be sent to info@misia.app.
9.3. To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the Services, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content, and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content (collectively referred to herein as the “Company’s Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company’s Content are retained by us.
10. Links
10.1. You may find links to other websites operated by third parties within the service. Inclusion of any links, redirections or associations (“links”) to other websites (www) in or from the Services does not imply any kind of relationship, collaboration or dependency between us and those responsible for the other websites. We are not liable for the content you see or use when accessing Retailers’ websites.
11. Indemnification
11.1. To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners, Retailers, and employees (individually and collectively, the “Services Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of this Agreement; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Service Parties of any third-party Claims, cooperate with Service Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Service Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Service or the other Service parties.
12. Warranty Disclaimer and Limitation of Liability
12.1 You are solely responsible for furnishing the tools (including any mobile connection charges) required to connect to the Internet and access the Services. In the event of any incident or difficulty accessing the Services, you can report it to misi via email at [Insert email here]. Upon receipt, we will analyze the incident and give reasonable instructions to you on how to resolve it.
12.2. We reserve the right to terminate your access to the Services at any time and without notice, either for technical reasons, security, control, maintenance, by power failure or any other cause, either specified or not in this Agreement.
12.3.We have no obligation to and do not control how Users of the Services interact with and use them and therefore do not guarantee that users use them in accordance with the provisions of the Agreement. We have no obligation to check or verify the identity of users or the accuracy, validity, completeness and/ or authenticity of the data they provide.
12.4. To the maximum extent permitted by applicable law, we refuse any liability for damages of any kind that may result from the use of the Services by users or that may result from the lack of veracity, completeness and/ or authenticity of the information that users provide to other users about themselves, including but not limited to damages of any kind that may be due to the impersonation of a third party by a user in any kind of correspondence via the Services.
12.5. We control and operate the Services from various locations and make no representation that the Services are appropriate or available for use in all locations. The Services or certain features of it may not be available in your location or may vary across locations.
12.6. THE SERVICES ARE PROVIDED “AS ARE”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. NEITHER THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS OR CONTENT PROVIDERS WARRANTS, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE SERVICES, INCLUDING PARTNER OFFERS AND CLOTHES RECOMMENDATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES, COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12.7. IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THESE SERVICES. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONE OF THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS, OR ANY OTHER THIRD PARTIES SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES. THE LAWS OF SOME STATES / COUNTRIES IMPOSE RESTRICTIONS ON LIMITING LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. Choice of Law and Dispute Resolution
13.1. This Agreement and any action related thereto shall be governed by the laws of the State of Wyoming without regard to its choice of law principles. The courts located in Wyoming, shall have exclusive jurisdiction over any disputes arising out of or in connection with this Agreement.
13.2. For resolving disputes between you and misi LLC in an expedient and cost-effective manner, you and misi LLC agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of our Services shall be settled by binding arbitration. Arbitration shall be conducted by a single arbitrator under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in effect, except as modified by this Agreement. More information about the AAA Rules and the forms needed for arbitration can be found at www.adr.org.
13.3. The arbitration shall take place in Sheridan, Wyoming, or another location mutually agreed upon by the parties. All arbitration proceedings may be conducted by telephone, video conference, or online, or based solely upon written submissions, as elected by the party initiating the arbitration.
13.3.1. Prior to initiating any arbitration, both parties agree to attempt to resolve disputes directly through negotiation, which must be initiated by providing written notice. You must send your Notice of Dispute to misi LLC at 30 N Gould St Ste R, Sheridan, WY 82801, USA. The Notice of Dispute must include a detailed description of the disputed issues, the relief sought, and contact information.
13.3.2. You are responsible for your share of any arbitration fees, including filing and administrative fees. Each party is responsible for their own attorney's fees, except as provided by law or in the arbitration rules.
13.3.3. An arbitrator's decision is final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. To the extent permitted by applicable law, arbitration is the only means of resolving disputes and no class action proceedings will be permitted.
13.3.4. If you do not wish to be bound by arbitration, you must opt out of this provision by sending written notice to misi LLC at 30 N Gould St Ste R, Sheridan, WY 82801, USA, within 30 days after first agreeing to these terms.
13.3.5. Changes to this arbitration agreement are not binding unless both parties consent in writing. You may reject any changes by sending us written notice within 30 days of the change.
13.3.6. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
13.4. No class or representative actions or arbitrations are allowed under this arbitration agreement. Further, unless both you and misi LLC agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
13.5. If any part of this Section 13 is ruled to be unenforceable, then the balance of this Section 13 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
14. Electronic Communications
14.1. By accessing or using the Services, you also consent to receive electronic communications from us (e.g., responses to your requests, questions and feedback, announcements, updates, commercial offers, and security alerts through a push notification or by posting notices on our Services).
15. Termination
15.1. We may suspend or terminate your Account (and therefore choose to suspend or terminate this Agreement) (i) immediately if you fail to comply with any requirement of the Agreement; or (ii) immediately if we stop providing the Services; or (iii) if you are inactive for more than 6 months; or (iv) at any time and without stating any cause.
15.2. In the event of contract termination, you agree to (a) remove any copies you have of the App and (b) to discontinue your use of the Services. In addition, access to your Account and all its contents may be revoked and its contents removed.
15.3. Upon termination of this Agreement, all provisions of this Agreement that by their nature, shall survive termination, including, without limitation, the provisions on dispute resolution and arbitration, all ownership provisions, warranty disclaimers, and limitations of liability.
16. Severability
16.1. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
17. Notice and Takedown Procedures
17.1. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting the Company and providing the following information:
Identification of the copyrighted work that you believe to be infringed. You should describe the work, and, where possible, include a copy or the location of an authorized version of the work. Identification of the material that you believe to be infringing and its location. You should describe the material, and provide us with its link or any other pertinent information that will allow us to locate the material. Your name, telephone number, address and email address. A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. A signature or the electronic equivalent from the copyright holder or authorized representative.
18. Other Provisions
How to Contact Us
Please direct any questions or comments regarding this Policy or our privacy practices to info@misi.app.