Terms of Service

Last Updated on November 13th, 2023

Legal

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT” OR “TERMS OF SERVICE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY MIRAGEML.COM. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE MIRAGE WEBSITE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING WWW.MIRAGEML.COM) OR APPLICATIONS OFFERED FROM TIME TO TIME BY MIRAGE IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Acceptance of Terms of Service

The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by MIRAGE. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by MIRAGE from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. MIRAGE may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

DMCA and Takedowns Policy

Mirage utilizes artificial intelligence systems to produce data. Such data may be unintentionally similar to copyright protected material or trademarks held by others. We respect rights holders internationally and we ask our users to do the same. If you believe your copyright or trademark is being infringed by the Service, please write to support@mirageml.com and we will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.

Modification of Terms of Service

At its sole discretion, Mirage may modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Mirage websites or Service or by sending you an email. Mirage may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Trademarks and Patents

All Mirage logos, marks and designations are trademarks or registered trademarks of Mirage. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Mirage or their respective owners. Portions, features and/or functionality of Mirage’s products may be protected under Mirage patent applications or patents.

AI Use and Content Generation

Users are responsible for any content generated via our AI services. This includes ensuring that such content does not infringe on intellectual property rights, comply with applicable laws, and is not misleading or harmful. Mirage is not liable for any AI-generated content produced by users.


By using our services, users grant Mirage a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute AI-generated content. This license is necessary for the provision, improvement, and promotion of our services. Users retain ownership of their original content submitted to our services.

Our services must not be used to generate content that promotes harm, violates privacy, discriminates, or propagates bias. We reserve the right to terminate access for users who violate these ethical guidelines.

Intellectual Property Protection

Use of our services to infringe upon the intellectual property rights of others is prohibited. We will respond to IP infringement claims promptly and may remove content as per our discretion or legal obligations. Users own the rights to content they create using Mirage services. However, for AI-generated content, Mirage retains a license to use such content for operational purposes, without infringing on user ownership rights.

Data Use

Personal data may be used to improve AI models, subject to user consent and in compliance with our Privacy Policy. Users have the right to opt-out of their data being used for such purposes. By using our services, users consent to the use of their data for training and improving AI models, where applicable. This consent can be withdrawn at any time via user account settings.

Licensing Terms

Subject to your compliance with this Agreement, the conditions herein, and any limitations applicable by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use; (ii) you retain full ownership of all data you create with the Services, and (iii) Mirage acknowledges that all rights, title, and interest in such data are retained by you for personal or commercial use. Mirage will only retain essential metadata for operational purposes, which will not be used for training artificial intelligence models. You may request the deletion or return of your data from our systems at any time. Mirage reserves all rights not expressly granted under these Terms of Service. Each person must maintain a unique account, and you are responsible for any activity on your account. Violation of any Terms of Service may lead to immediate termination of your rights to use our Service.


By using the Services, you grant Mirage a limited, non-exclusive, revocable license to use, process, and adapt the data you input into the Services. This license is solely for the purpose of providing, maintaining, and enhancing the Services and does not permit Mirage to publish, transmit, create derivative works, publicly display, or publicly perform your data. The license is non-transferable, does not allow sublicensing, and terminates upon your request for data deletion or when you cease using our Services. For data you choose to make publicly available, you grant other Service users a worldwide, non-exclusive, royalty-free license to access and use that data, as enabled by a feature of the Service. This limited license is intended to facilitate interaction within the Service and does not extend to any commercial use outside of Mirage's platform. The license to Mirage and other users survives the termination of this Agreement by any party, for any reason.

Fees and Payments

For detailed information about our subscription offerings, please contact us at info@mirageml.com. You can subscribe to our Service on a monthly basis, payable in U.S. dollars. The subscription will automatically renew each month. You have the option to discontinue using the Service and cancel your subscription at any time, either through the website or by emailing us at support@mirageml.com. If you cancel your subscription, you will not be eligible for a refund or credit for any amounts already billed or paid. Mirage reserves the right to modify its prices at any time. For subscribers on a plan, any changes in pricing will take effect either at the time of your next subscription renewal or thirty (30) days after you receive notice of the change, whichever is later.


Your subscription fees (“Fees”) do not include any federal, state, local, or foreign taxes, duties, or other similar assessments (“Taxes”). You are responsible for all Taxes related to your purchase. We may invoice you for these Taxes and you agree to timely pay them. Upon request, you are expected to provide documentation of such payments or other evidence as reasonably required by us. If any portion of your Fees is overdue, we reserve the right to suspend your access to the Services after providing written notice of late payment. The creation of multiple accounts to circumvent our subscription model is strictly prohibited. Mirage reserves the right to impose standard fees or terminate access to the Services if any misuse or abuse of the Service is detected.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any data or our models or derivatives of our models) that: would constitute a violation of any applicable law, rule or regulation; infringes upon any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, furthering of self-harm or profane; create content that exploits or abuses children; generates or disseminates verifiably false information with the purpose of harming others; impersonates or attempts to impersonate others; generates or disseminates personally identifying or identifiable information; create content that implies or promotes support of a terrorist organization; create content that condone or promote violence against people based on any protected legal category.


Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Mirage's (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Mirage may use to prevent or restrict access to the Service (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API; (v) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); and (vi) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission.

Termination

Mirage may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Service, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You shall defend, indemnify, and hold harmless Mirage, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Service or any applicable law, contract, policy, regulation or other obligation. Mirage reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Mirage in connection therewith.

Mirage is not liable for inaccuracies, errors, or damages resulting from AI-generated content or the use of our AI services. Users agree to indemnify Mirage against any claims arising from their use of AI-generated content.

Limitation of Liability

IN NO EVENT SHALL MIRAGE OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Age Requirements

By accessing the Services, you confirm that you’re at least 13 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of Service in your country, your parent or guardian must agree to this Agreement on your behalf. ‍ Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you’re responsible for your teenager’s activity on the Services. No assurances are made as to the suitability of the content for you.

Miscellaneous

The Terms of Service are the entire agreement between you and Mirage with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Mirage with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Mirage shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Mirage’s reasonable control. The Terms of Service are personal to you, and are not assignable or transferable by you except with Mirage’s prior written consent. Mirage may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

Contact Us

For questions regarding the Service, you can get in touch by emailing us at support@mirageml.com.