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Mimica — Terms of Service

Effective date: November 9, 2026

Last updated: November 9, 2026

These Terms of Service ("Terms") are a binding agreement between you ("you" or "user") and Axielo LLC, a California, USA limited liability company ("Axielo," "we," "us," or "our"), governing your access to and use of Mimica — our AI-powered language-learning service for English, Spanish and other languages — including its supported mobile applications and the web account portal at app.mimica.talk (together, the "Service").

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

You accept these Terms when you access or use the Service, or when you tap or click a button or box that says "I Agree" or something similar, and by doing so you confirm that you have read and understood them.

Please read these Terms in full. Section 14 contains an agreement to resolve disputes through individual arbitration (the "Arbitration Agreement") and a waiver of class actions and jury trials (the "Class Action/Jury Trial Waiver"). Unless you opt out as described in Section 14, all disputes between you and us, including claims that arose or were raised before you accepted these Terms, will be decided only by final, binding arbitration on an individual basis. To the fullest extent the law allows, you give up your right to go to court, to have a jury decide your claims, and to sue, or be part of a group that sues, through any class, collective, private attorney general or other representative action.

1. The Service

Mimica lets you practice speaking English, Spanish and other languages with interactive tutors, characters, roleplays, learning activities, pronunciation feedback, and personalized guidance. The Service may also let you track learning progress and optionally create a personalized voice profile for use within Mimica.

Some features process information on your device. Other requested features require audio, text, and relevant learning context to be transmitted to and processed by contracted service providers. The Privacy Policy explains the categories of information involved and how they are handled.

We may add, change, or remove features at any time.

Keeping your phone and your access to Mimica secure is your responsibility. We advise you not to jailbreak or root your phone, meaning removing the software limits set by its official operating system. Doing so can expose your phone to malware and viruses, weaken its security features, and stop Mimica from working properly or at all. Some things are outside Axielo's responsibility. Several Mimica features need an active internet connection, over Wi-Fi or your mobile network, and Axielo is not responsible if Mimica cannot work fully because you have no Wi-Fi and no data left. When you use Mimica without Wi-Fi, your agreement with your mobile provider still applies, so your provider may charge you for data or other third-party charges while you use Mimica. You accept responsibility for all such charges, including roaming charges if you use Mimica outside your home region or country with data roaming switched on. If someone else pays the bill for the device you use Mimica on, we assume that person has allowed you to use Mimica. In the same way, Axielo cannot always be responsible for how you use Mimica: for example, you must keep your device charged, and Axielo is not responsible if its battery runs out and you cannot use the service. Although we try to keep Mimica up to date and correct, we depend on third parties for some of the information we provide, and Axielo is not liable for any direct or indirect loss you suffer from relying entirely on that part of Mimica. We may update Mimica from time to time. Mimica currently runs on iOS and Android; the system requirements for these and any other systems we support may change, and you will need to install updates to keep using Mimica. Axielo does not promise to keep updating Mimica so that it stays relevant to you or works with your version of iOS or Android. You agree to always accept app updates when they are offered.

Updates. Axielo may add or remove features of the Mimica apps. Once installed on your device, the apps regularly connect to our servers. Axielo may require you to update the Mimica apps on your device when it releases a new version or new features. Updates may happen automatically or after notice, and all at once or over several sessions. You understand that Axielo may require you to review and accept its current Terms before you can use a later version of the Mimica apps. You agree that any duty Axielo may have to support earlier versions may end once updates, supplements or later versions are available, and that Axielo does not have to offer you any update, supplement or later version. Updates may be needed to use Google Play or the App Store, or to access, download or use content, and by agreeing to these Terms and using Google Play or the App Store you agree to receive them automatically. You may be able to manage some updates in the settings of Google Play or the App Store, but an update that fixes a critical security problem may be installed whatever your settings on the store or your device. If another app store tries to update content you first downloaded from Google Play or the App Store, you may see a warning, or the update may be blocked completely.

2. Eligibility

The Service is meant for people aged 18 or older. Anyone under 18 may not use or sign up for the Service, except that people aged 13 to 17 may use it as described in the next paragraph. Nobody under 13 may use any part of the Service.

If you are 13 to 17 years old, you may use Mimica only if a parent or legal guardian agrees, supervises you and accepts these Terms. Parents and guardians are responsible for watching over and supervising all use of Mimica by the minors in their care.

You must be at least 13 years old to use the Service. The Service is not designed for or directed to children, and we do not knowingly collect personal information from children under 13. By using the Service, you represent that you are 13 or older and that you have the legal capacity to enter into these Terms. The optional personalized voice feature is available only to users who declare that they are 18 or older.

3. Accounts and Security

To use the Service, you create an account using supported sign-in information. You agree to:

You are responsible for maintaining the security of your account.

We are not liable for any loss caused by someone using your account without permission or by changes made to your account, and we expressly disclaim any such liability.

Regardless of anything else in these Terms, your account does not belong to you, and you have no rights to any data that we or others acting for us store on the servers that run the Service.

When you give us your email address, or an address that represents it (such as the private relay address Apple shares), you agree that we may use it to send you notices about the Service, including notices the law requires, instead of sending them by mail. We may also use it for other messages, including marketing and advertising, such as news about features and special offers ("Marketing Emails"). You can stop Marketing Emails or change your preferences by writing to hello@mimica.talk or by using the "unsubscribe" link in any Marketing Email. You will still receive notices about the Service after you opt out.

4. Acceptable Use

You agree not to:

We may suspend or terminate access for conduct that violates this Section.

5. User Content and Personalized Voice Features

Your content. "User content" includes speech audio, recordings, text, conversation transcripts, prompts, responses, characters, roleplays, images, personalized voice data, and any other data you create, upload, or submit through the Service.

You promise that you have every consent, permission, license and right needed to provide and license it as these Terms describe, and that you have the legal capacity to do so and to accept these Terms where you live. As soon as you upload or send user content, and to the extent the assignment in Section 7 does not apply, you give Axielo a worldwide, non-exclusive, irrevocable, perpetual, fully paid and royalty-free license, which Axielo may transfer and sublicense through any number of levels, to store, use, broadcast, reproduce, change, create derivative works from, record, translate, transmit, publish, display publicly or otherwise exploit that content to run, improve, troubleshoot, debug, protect and customize the current and future products of Axielo and its affiliates, including to train Mimica and to develop new features and products, in every format and medium and with any technology that exists now or is developed later, without notice to you, your permission, or any payment or other compensation to you or anyone else.

Whenever you submit, post, display, provide, share or otherwise make available any user content or Output on or through the Service, you grant Axielo, and confirm that you have every right needed to grant, a worldwide, non-exclusive, perpetual, irrevocable, transferable, fully paid and royalty-free license, which Axielo may sublicense, to use, copy, reproduce, store, modify, publish, describe, edit, translate, distribute, syndicate, perform and display publicly, and create derivative works from that user content (to the extent the assignment in Section 7 does not apply to it) and Output, and from your name, voice and likeness as they appear in any user content or Output, in whole or in part, in any form, medium or technology now known or developed later. Axielo, its subsidiaries and its affiliates may use this license in connection with the Service and their business, including to promote and redistribute all or part of the Service (and works based on it) in any media format or channel, and for anything else described in our Privacy Policy or that you authorize while using the Service.

Permission for contracted processing. By accepting these Terms and using features that process speech or text, you authorize Axielo and its contracted service providers, including third-party AI service providers, to process the content you submit to provide, secure, and operate Mimica. Do not submit information that you do not want processed for those purposes.

Your own voice only. The personalized voice feature is optional and limited to users aged 18 or older. By using it, you represent that the voice being processed is your own and that you consent to its creation and use within the Service. You must not use another person's voice without authorization.

Location-specific consent. Before personalized voice processing begins, the Service may use general location information derived from a network request to decide whether an additional notice and express consent are required. Where required, the feature remains unavailable until you affirmatively agree. You may decline and use an available standard voice instead. The Privacy Policy explains the limited compliance record we may retain.

Requested service processing. Conversation audio, text, and relevant learning context may be processed by contracted service providers (see Section 6).

We may look at, review, check or remove your content whenever we want and for whatever reason, for example to keep the Services running, to improve them or to enforce these Terms. Responsibility for anything you create, upload or share through the Services stays entirely with you.

We may, but do not have to, monitor messages and communications between users for security and for training. We may also, without any duty to do so, remove any content we consider inappropriate.

We may, but are not required to: (1) monitor the Service for breaches of these Terms; (2) take suitable legal action, in our sole discretion, against anyone who breaks the law or these Terms, including reporting them to the police or other authorities; (3) in our sole discretion and without limit, refuse, restrict access to, limit the availability of, or, as far as technically possible, disable any of your contributions or any part of them; (4) in our sole discretion, without limit, notice or liability, remove from the Service or disable any files or content that are too large or that burden our systems in any way; and (5) otherwise run the Service in a way designed to protect our rights and property and keep the Service working properly.

Axielo respects copyright and expects its users to do the same. When notified, Axielo will take suitable steps to remove content that infringes someone else's copyright, and it may cut off access to the Mimica apps or other services for anyone who infringes others' intellectual property rights repeatedly.

Axielo also removes objectionable content, and Axielo alone decides what to remove. Objectionable content includes, among other things: unlawful, harmful, threatening, abusive, harassing, tortious, defamatory or libelous content; content that is hateful or promotes hate crimes, hate speech, discrimination of any kind, or harm or violence aimed at a person, group or minority; content that could harm minors in any way; content meant to, or that does, stalk, harass or bully someone; private details about any person, such as phone numbers, addresses, national ID or Social Security numbers, or other information that invades someone's privacy; vulgar, offensive, discriminatory, obscene or pornographic content; unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes or other solicitation; and anything containing viruses, malware or other code, files or programs designed to disrupt, destroy or limit any computer, mobile device, software, hardware or telecommunications equipment. You also agree not to use the Mimica apps: to break any national, federal, state, local or international law or regulation; to exploit or harm minors, or to try to; to create or spread information you know to be false in order to harm others; to create or spread personal information that can be used to harm someone; to defame, disparage or harass others; for fully automated decisions that harm a person's legal rights or create or change a binding obligation; to discriminate against or harm people or groups because of their online or offline social behavior or their known or predicted personal or personality traits; to take advantage of the weaknesses of a group because of their age or their social, physical or mental traits, so as to significantly distort a group member's behavior in a way that causes, or is likely to cause, physical or psychological harm to that person or someone else; to discriminate against people or groups on legally protected grounds; to give medical advice or interpret medical results; or to create or spread information for use by the courts, policing, or immigration or asylum decisions, for example to predict that someone will commit fraud or a crime (for example through text profiling, drawing causal links between statements in documents, or indiscriminate or arbitrarily targeted use).

Your promises. You also confirm and promise that:

No responsibility for user content. We take no responsibility and have no liability for any user content. You alone are responsible for your user content and for what happens when you submit, post, display, provide, share or otherwise make it available through the Service, and you acknowledge that we only pass it along. You acknowledge that the Service may show you content that is inaccurate, objectionable, unsuitable for children or otherwise not right for your purpose, and that we are not liable for any damages you claim to suffer from content you access through the Service.

6. Service Providers (Subprocessors)

To operate the Service, we use contracted providers for necessary functions such as third-party AI and speech processing, hosting, authentication, subscription management, analytics, security, and support.

For full details on what we collect, how it is used, retention, and your rights, see our Privacy Policy.

7. Intellectual Property, Output, Usage Data and Feedback

The Service — including its software, models, designs, text, graphics, the Mimica name and brand, and all related intellectual property — is owned by Axielo or its licensors and is protected by law. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own learning. We reserve all rights not expressly granted. Nothing in these Terms transfers ownership of the Service to you. User content belongs solely and exclusively to Axielo. If any ownership rights in user content would otherwise belong to you, you assign all of those rights, including intellectual property rights, title and interest, to us.

Output. Subject to following these Terms, you may use what the Service produces for you ("Output") for any lawful purpose, free of charge, except as stated here: (a) using the Service and its Output does not give you ownership of any intellectual property in the Service; and (b) we may, by notice at any time, limit your use of Output or require you to stop using it and delete all copies, if we decide, in our sole and absolute discretion, that your use may infringe someone else's rights. You may not claim that Output was created by a human, and you may not use Output to train your own machine-learning models.

Usage Data. We may collect, or you may give us, diagnostic, technical, usage and similar information, including details about your computers, phones, operating systems and software ("Usage Data"). Usage Data belongs solely and exclusively to us. If any ownership rights in Usage Data would otherwise belong to you, you assign all of those rights, including intellectual property rights, title and interest, to us. We may therefore use, keep and process Usage Data, in whole or in part, for any lawful purpose, including: (a) to run and maintain the Service; (b) to make our products and services, including the Service, better and to create new ones and new features; (c) to monitor how you use the Service; (d) for research and analytics, such as analyzing data, identifying trends and studying our customers; and (e) to share analytics and other information derived from Usage Data with third parties. The Service may include technical measures to prevent unauthorized or illegal use, and you agree that we may rely on these and other lawful tools to check that you follow these Terms and to enforce our rights, including our intellectual property rights in the Service.

Any questions, comments, suggestions, ideas, feedback or other information about the Service that you send us ("Submissions") are not confidential and become our sole property. We own all rights in them, including all intellectual property rights, and may use and share them without restriction for any lawful purpose, commercial or not, without crediting or paying you. You give up all moral rights in your Submissions, you promise that they are your original work or that you have the right to send them, and you agree that you cannot bring any claim against us saying that we infringed or misappropriated, or allegedly did, any of your ownership rights in them.

Axielo alone owns its products and Mimica services, and the projects and documents used in the Mimica apps in connection with those services, together with visuals, texts, bulletins, slogans, videos, designs, know-how, business data, illustrations, databases, system flow data, logos, emblems, data, ideas, Axielo trademarks and trade dress, flows, source code, research, code, methods, statistics, and all financial, moral and other intellectual property rights, both while these Terms are being prepared and while they are in force for the supply of the Mimica services.

We may mention you as one of our users in promotional material, and we will stop promptly if you ask us at hello@mimica.talk.

You agree that we may regularly collect and use technical data and related information, including about your device, its system and app software, and connected equipment, to provide software updates, product support and any other services related to the Mimica apps. We may use this information as described in the Privacy Policy.

If you post a review in an app store, on social media, or through any similar communication or messaging feature, it may be made public along with the username shown with it. If you do not want us to use it for promotion, you can tell us by writing to hello@mimica.talk with your name, postal address and email address. For security, please do not include passwords, Social Security or national ID numbers, payment card details or other sensitive information in these features.

Mimica Property. The Service includes data, information and other content such as reputation or status indicators, in-app currency and virtual achievements, for example badges, trophies, streaks or powers (together, "Mimica Property"). Whatever words may suggest otherwise, we alone own all Mimica Property and keep all rights to it. We give you only a limited, non-exclusive, non-transferable right, which we may revoke at any time, to use certain Mimica Property as the Service's features allow. In particular, (a) Mimica Property can never be exchanged with Axielo for money or anything of monetary value; and (b) we have full and absolute authority to administer, control, change, move or delete Mimica Property however we choose, at our sole discretion, whether generally or case by case, without any liability to you. Whatever value you or anyone else may place on it, any data, account history and account content held on the servers that run the Service may at any time be changed, moved or deleted, with or without a reason and with or without notice, at our sole discretion and with no liability whatsoever. We neither give nor promise any cash or other value for data held on those servers, and we expressly reject any such value.

8. Paid Subscriptions

Mimica may offer paid subscription tiers through the marketplace associated with your device or distribution channel.

Your subscription renews automatically unless you turn off auto-renewal at least 24 hours before the current period ends.

Deleting the Mimica app from your device does not cancel your subscription.

Free trials. We may, at our sole option and discretion, offer a free trial of part of the Service under the terms of that offer. If you start a free trial, the store will automatically charge your payment method on the day after the trial's last day, which is the first day of your first subscription period, and again on the first day of each later subscription period, subject to these Terms. You may not be told that your free trial has ended or that your subscription payment is about to be charged.

Cancellation and refunds. You may deactivate your account or cancel any subscription at any time, at your own choice, and we may suspend or end your subscription, your account or the Service whenever we choose, at our sole discretion. Unless the law requires otherwise, nothing will be refunded or credited to you for any cancellation, suspension or ending of service, or for unused subscription time, prepayments, usage or subscription fees for any part of the Service, content or data linked to your account, or anything else. Any refund or credit is granted only at our sole option and discretion. If you believe you were charged incorrectly and want to ask for a refund, write to us at hello@mimica.talk.

Promotional offers. From time to time we may offer special promotions, plans or memberships ("Promotional Offers"). We alone decide who is eligible, and we may withdraw a Promotional Offer if we decide you are not eligible. To decide eligibility, we may use information such as your device ID, your payment method and the email address linked to your account. Eligibility rules and other conditions will be shown when you sign up for the offer or in other communications. Promotional Offers, including those for subscriptions, may change at any time.

Abuse prevention. We may refuse a refund request if we see signs of fraud, refund abuse or other manipulation, and repeated refund requests across several accounts or purchases may lead to account suspension.

By starting a free trial or buying a subscription through Apple or Google, you agree that we may share your personal data with Apple or Google to help them review refund requests. To see or delete personal data about your use that was shared this way, contact Apple or Google directly.

Consumers in the EEA, the UK and Switzerland.

If you are a consumer in the European Economic Area (EEA), the United Kingdom or Switzerland, applicable consumer protection laws let you cancel your purchase within 14 days without giving a reason.

When you buy digital content that is made available right away, you expressly agree that it is provided immediately and you accept that your right of withdrawal ends once the content is delivered or the service has started.

Subscription tiers and features may change. Price changes apply only as permitted by the marketplace and applicable law.

In our sole discretion, we may add new products or services for additional fees, add or change fees for existing products or services, or stop offering any subscription at any time. Any increased fees apply from your next billing cycle onward. We will not be liable to you or anyone else for any price change.

Information on the Service, including descriptions, prices and availability, may contain typing mistakes, inaccuracies or omissions. We may correct any of them, and change or update information on the Service, at any time and without prior notice.

9. Disclaimers

Mimica is a learning aid, not certified language instruction. The Service is intended to help you practice and improve, and does not constitute accredited, certified, or professional language education, and does not guarantee any particular learning outcome, score, or certification.

AI output may be imperfect. The tutor's responses, transcriptions, pronunciation assessments, and other AI-generated output are produced by automated systems and may contain errors or inaccuracies. Do not rely on the Service as a sole or authoritative source.

BECAUSE OF HOW MACHINE LEARNING WORKS, OUTPUT MAY NOT BE UNIQUE, AND THE SERVICE MAY PRODUCE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS. USING THE SERVICE MAY PRODUCE INCORRECT OUTPUT THAT DOES NOT MATCH REALITY. YOU MUST CHECK THE ACCURACY OF ANY OUTPUT AS SUITS YOUR USE, INCLUDING THROUGH HUMAN REVIEW. YOU ACKNOWLEDGE AND AGREE THAT OUTPUT CAN INCLUDE "HALLUCINATIONS" AND CAN BE WRONG, OFFENSIVE, INAPPROPRIATE OR NOT SUITED TO YOUR PURPOSE, AND THAT WE ARE NOT LIABLE FOR ANY DAMAGES THAT YOU OR ANYONE ELSE CLAIMS TO SUFFER FROM, OR IN CONNECTION WITH, ANY OUTPUT OR OTHER CONTENT PRODUCED BY OR ACCESSED THROUGH THE SERVICE.

You understand and agree that: (i) Output is produced by artificial intelligence; (ii) Output may be false, inaccurate or misleading; (iii) Axielo does not claim or promise that Output is accurate, genuine, true or suited to your use or needs; (iv) Output is not Axielo's advice, guidance or information in any form and does not reflect Axielo's views; (v) Axielo has no obligation or liability of any kind for Output and is not liable for any damage from or connected with Output, including direct, indirect, special, consequential or exemplary damages, lost profits, revenue, time, use, data or goodwill, or any other intangible or other loss, whether in contract, tort or under any other legal theory, including strict liability and negligence; (vi) you use any Output entirely at your own risk; and (vii) you should not rely on Mimica as your only source of information. You also understand that Output may not be unique, because other users who give the same or similar input may get the same or similar Output. You may not use Mimica to make anyone believe that Output was created only by a human, and you may not use Output for anything that could have a legal or significant effect on a person, such as making important decisions about them.

Our services exist only to let users talk with an AI chatbot for its intended purpose. We make no guarantee or promise about how much progress you will make. The services are not designed or meant for diagnosing, preventing or treating any illness, disease or condition, or to replace medical advice, medical care or psychological counseling. Neither Mimica nor Axielo is in any sense a medical or health care professional, and neither diagnoses, examines or treats any medical or health condition; we have no expertise in these fields. Neither using the services nor any message from us creates any health care provider-patient relationship, such as doctor-patient or psychologist-patient. Neither Mimica nor Axielo provides, or must provide, emergency services of any kind, and we have no duty to contact you or anyone else about your or their medical or health condition or treatment. In a medical emergency, call your local emergency number. Always consult a health care professional with any questions about your physical or mental health. Never ignore, avoid or delay professional medical advice or care because of anything you read or received through the services, and see a health care professional immediately if you have, or think you may have, a medical condition or mental health concern.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. We do not warrant that the Service will be uninterrupted, error-free, or secure.

No advice or information you receive from us or through the Service, spoken or written, creates any warranty that these Terms do not expressly state. In particular, none of the Axielo Indemnitees promises that any content or information in or through the Service is accurate, complete, dependable, helpful or right; that the Service will suit your needs; that it will be available at any particular time or place, without interruption, or securely; that defects or errors will be fixed; or that it is free of viruses or other harmful components. You obtain any content you download or otherwise get through the Service at your own risk, and you alone are responsible for any damage to your computer or mobile device, and for any loss of data, that results from it or from your access to or use of the Service.

PLEASE NOTE THAT SOME PARTS OF THE SERVICE ARE OFFERED AS BETA VERSIONS (THE "BETA SERVICES"), AND THEIR FEATURES ARE NOT YET COMPLETE OR REFINED. LIKE ANY BETA, THE BETA SERVICES ARE A WORK IN PROGRESS AND MAY HAVE UNRESOLVED ISSUES. IF YOU ARE NOT COMFORTABLE USING BETA SOFTWARE AND DO NOT UNDERSTAND WHAT THAT MEANS, PLEASE DO NOT USE THE BETA SERVICES.

Defective content. Once the Mimica apps are available in your account, you must check as soon as reasonably possible that they work and perform as described, and, if you find any errors or defects, tell us or Google Play or the App Store as soon as reasonably possible.

To the extent the law allows, all Mimica apps are provided "AS IS", "WITH ALL FAULTS" and "AS AVAILABLE", and you use them entirely at your own risk. Subject to applicable law, Axielo, on its own behalf and for its affiliates, licensors, distributors, vendors, agents and suppliers, expressly rejects every warranty of any kind, express or implied, including implied warranties of merchantability and non-infringement and any other warranty arising under law.

You alone bear all risk arising from using the Mimica apps and from how they perform. Axielo expressly disclaims all warranties about products or services provided by its third-party partners. This disclaimer of warranties is an essential part of these Terms.

10. Termination and Account Deletion

You can delete your account and personal information yourself in the Mimica app's Settings, or ask us to delete your account by emailing hello@mimica.talk.

Account deletion does not automatically cancel a marketplace subscription; see Section 8.

Upon termination, your right to use the Service ends. Sections that by their nature should survive termination (including intellectual property, disclaimers, and limitation of liability) will survive.

With or without notice, we may change the Service, stop providing the Service or any feature of it to you or to users in general, or set limits on its use. With or without notice, and without liability, we may also permanently end or temporarily suspend your access to your account or the Service, with or without cause and for any reason or no reason, including if we decide, in our sole judgment, that you have broken any part of these Terms. After any such termination, for whatever reason, you remain bound by these Terms.

These Terms stay fully in force for as long as you use the Service. WITHOUT LIMITING ANY OTHER PART OF THESE TERMS, WE MAY, IN OUR SOLE DISCRETION, WITHOUT NOTICE AND WITHOUT LIABILITY, REFUSE ANYONE ACCESS TO AND USE OF THE SERVICE, INCLUDING BY BLOCKING CERTAIN IP ADDRESSES, FOR ANY REASON OR NO REASON, INCLUDING A BREACH OF ANY PROMISE OR OBLIGATION IN THESE TERMS OR OF ANY LAW OR REGULATION. WE MAY END YOUR USE OF THE SERVICE, OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POSTED, AT ANY TIME AND WITHOUT WARNING, IN OUR SOLE DISCRETION. If we end or suspend your account for any reason, you may not register or open a new account under your own name, a false or borrowed name, or anyone else's name, even if you are acting for that other person. Besides ending or suspending your account, we may take appropriate legal action, including seeking civil, criminal and injunctive remedies.

We may change, modify or remove any content of the Service at any time, for any reason, in our sole discretion and without notice, but we are not required to update any information on it. We may also change or stop all or part of the Service at any time without notice, and we are not liable to you or anyone else for any change, price change, suspension or ending of the Service. We cannot promise that the Service will always be available: hardware, software or other problems, or maintenance, may cause interruptions, delays or errors. We may change, revise, update, suspend, stop or otherwise modify the Service at any time and for any reason without telling you. You agree that we have no liability at all for any loss, damage or inconvenience caused because you cannot access or use the Service during any downtime or after it stops. Nothing in these Terms requires us to maintain or support the Service or to provide any corrections, updates or new releases.

We keep some of the data you send to the Service, to manage how the Service performs, along with data about your use of it. You alone are responsible for all data you send and all data about your activity on the Service. You agree that we have no liability to you if any of this data is lost or corrupted, and you give up any right to take action against us because of such loss or corruption.

Axielo may limit or cut off access to the Mimica apps at any time and without further notice when the security of the network is at risk, to keep access to the network running, to prevent malfunctions in the network, software or uploaded files, to prevent or lessen the effects of possible disruptions, and in any other case it considers necessary.

Axielo may end these Terms on its own decision, without paying any compensation and without further notice, whenever you breach these Terms or any other agreement or rule that applies to services offered through the Apple App Store or Google Play, in particular if you: manipulate how the Mimica apps work by any means; breach these Terms or any other agreement made through the Apple App Store or Google Play; do anything that violates someone else's rights; or share data, content, images, texts or articles with Mimica that contain anything unlawful, or post them on Mimica for unlawful or immoral purposes even if they themselves contain nothing unlawful or immoral. You agree that Axielo is not liable to you or anyone else for ending or disabling the Mimica apps. As soon as these Terms end, you must stop using Mimica and uninstall, remove or destroy every copy of Mimica you have or control. Ending these Terms does not limit any of Axielo's other rights or legal remedies.

11. Third-Party Services

The Service may include links to third-party websites, materials or services that we do not own or control ("Third-Party Services"), and some features of the Service may require you to use Third-Party Services. When you use any Third-Party Service together with the Service, that third party's own terms bind you and you must follow them. We do not endorse Third-Party Services and take no responsibility for them. If you open a Third-Party Service from within the Service, or post your user content or Output there, the risk is yours, and neither these Terms nor our Privacy Policy apply to your use of it. You release us from all liability arising from your access to or use of any Third-Party Service. Your dealings with advertisers you find through the Service, and your participation in their promotions, including payment, delivery of goods, warranties and any other terms, are solely between you and that advertiser, and we are not responsible for any loss or damage of any kind arising from them.

12. Indemnity and Release

You will defend, indemnify and hold harmless Axielo, its subsidiaries and affiliates, and their agents, suppliers, licensors, employees, contractors, officers and directors (together with Axielo, the "Axielo Indemnitees") against every claim, loss, liability, obligation, debt, cost and expense (legal fees included), and every type of damages, whether direct, indirect, incidental, consequential or other, that arises from: (a) your access to or use of the Service, including your use of Output; (b) your breach of any part of these Terms, including any of your promises in them; (c) your violation of any third party's rights, including privacy and intellectual property rights; (d) your breaking any law that applies; (e) any user content, or other content sent through your account, including anything misleading, false or inaccurate; (f) your willful misconduct; or (g) any third party's access to or use of the Service with your username, password or other login credentials.

You release us from every claim, loss, liability, obligation, debt, cost and expense, and every type of damages, whether direct, indirect, incidental, consequential or other, and whether known or unknown, that arise from any dispute between you and a third party, including another user, in connection with the Service. You also waive any law that says, in substance, that "a general release does not extend to claims which the releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, would have materially affected his or her settlement with the released party."

13. Limitation of Liability

To the fullest extent the law allows, no Axielo Indemnitee will be responsible for any punitive, exemplary, special, incidental, indirect or consequential damages, such as damages for lost profits, goodwill, use or data or other intangible losses, that arise from or relate to the use of, or inability to use, all or any part of the Service. We will never be responsible for any damage, loss or injury caused by hacking, tampering, or anyone getting into or using the Service, your account or the information in it without permission.

To the fullest extent the law allows, we take no liability or responsibility for: (a) errors, mistakes or inaccuracies in any content; (b) personal injury or damage to property of any kind caused when you access or use the Service; (c) unauthorized access to or use of the servers that run the Service or any personal information stored on them; (d) any interruption or stopping of transmission to or from the Service; (e) bugs, viruses, trojan horses or similar items that any third party may transmit to or through the Service; (f) mistakes or gaps in any content, or any loss or harm from using content that is posted, emailed, sent or otherwise shared through the Service; or (g) your data, any user content, or anyone else's defamatory, offensive or illegal behavior.

WHATEVER ELSE THESE TERMS SAY, OUR LIABILITY TO YOU FOR ANY REASON, AND WHATEVER THE TYPE OF CLAIM, WILL NEVER BE MORE THAN THE AMOUNT, IF ANY, THAT YOU PAID US IN THE SIX (6) MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.

Neither you nor we may start any dispute related in any way to the Service more than one (1) year after the cause of the dispute arose.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

14. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules.

You agree that the courts in California are the proper and only place for any appeal of an arbitration award, or for a trial if the Arbitration Agreement below is found to be unenforceable.

Both parties acknowledge that these Terms involve interstate commerce. Whatever law otherwise governs these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16), as amended (the "FAA"), governs how the Arbitration Agreement below is interpreted and enforced, and it overrides state and other laws to the fullest extent the law allows. If a court finds that the FAA does not apply to an issue about the Arbitration Agreement, that issue will be decided under the law of your U.S. state of residence, if any, or under a law you and we agree on in writing. The United Nations Convention on Contracts for the International Sale of Goods does not apply. These Terms were written in English, and the English version is the original and controlling version; if a translation conflicts with it, the English version prevails.

General. PLEASE READ THIS SECTION CAREFULLY: IT REQUIRES BOTH PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS HOW YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement covers any disagreement, controversy or claim between you and us that comes from or is connected, directly or indirectly, with: (i) these Terms, covering how they were formed, whether they exist, breach, termination, enforcement, interpretation and validity; (ii) your access to or use of the Service, including any advertising or marketing messages you receive; (iii) any transaction through or using the Service; or (iv) any other part of your relationship or dealings with us as a user or consumer (each a "Claim", together "Claims"). This Arbitration Agreement applies to all Claims, whether they arose or were raised before or after you accepted these Terms.

Opting out of the Arbitration Agreement. If you are a new user, you may reject this Arbitration Agreement within thirty (30) days after accepting these Terms by emailing hello@mimica.talk with your full legal name and a statement that you are opting out of the Arbitration Agreement. Opting out does not change the rest of these Terms, including the rules on governing law and on which courts hear disputes.

Dispute-resolution process. For any Claim, you must first contact us at hello@mimica.talk and try to resolve it with us informally. If we cannot resolve it within sixty (60) days, we both agree that it will be resolved only by binding arbitration administered by JAMS before one arbitrator (the "Arbitrator") under JAMS's Optional Expedited Arbitration Procedures in effect at the time (the "Rules"), except as this Arbitration Agreement provides otherwise. The Rules are available at www.jamsadr.com. If the Rules and this Arbitration Agreement conflict, this Arbitration Agreement controls. If you use the Service for commercial purposes, each party pays JAMS's filing and administrative fees and the Arbitrator's fees as the Rules provide, and the award will include arbitration costs, reasonable attorneys' fees and reasonable expert and witness costs. If you are a person using the Service for personal, non-commercial purposes: (i) JAMS may ask you to pay a fee to start your case (currently US$250 under JAMS's consumer rules), unless JAMS grants you a fee waiver; and (ii) you may bring your claim in a small claims court that has jurisdiction instead of arbitrating, but you must still complete the informal dispute-resolution step first. Judgment on the Arbitrator's award may be entered in any court with jurisdiction. You and we agree that the Arbitrator alone, rather than any court or government agency at the federal, state or local level, decides any dispute about what this Arbitration Agreement covers, what it means, whether it applies, whether it can be enforced or whether it was validly formed, including any argument that some or all of it is void or voidable. The Arbitrator also decides all threshold questions of arbitrability, including whether these Terms or any part of them are unconscionable or illusory, and any defense to arbitration, such as waiver, delay, laches, unconscionability or estoppel.

The arbitration may take place in person, by written submissions, by phone or online.

Unless the Rules or applicable law require otherwise, the arbitration will be held in Orange County, California.

Court orders. Nothing in this Arbitration Agreement stops us from asking a court for an injunction or other equitable relief needed to stop any actual or threatened misuse, misappropriation or breach of our intellectual property, confidential information or data security, nor does it stop you from bringing claims in small claims court, as long as your claims qualify and the case stays in that court on an individual basis only (not as a class, collective or representative action).

Severability of the Arbitration Agreement. If any part of this Arbitration Agreement is found void, unenforceable or unlawful, only that part is removed; the rest of the Arbitration Agreement stays in force, and either party can still require individual arbitration of the remaining Claims. However, should the Class Action/Jury Trial Waiver below be held invalid, unenforceable or illegal, wholly or partly, on the ground that it stops you from seeking public injunctive relief, then the question of your entitlement to that relief, and only that relief, will be removed from arbitration and may be decided by a civil court with jurisdiction. All other claims will still be arbitrated under this Arbitration Agreement, and both parties agree that any court case about public injunctive relief will be paused until the individual claims in arbitration are decided.

Class Action/Jury Trial Waiver. By accepting these Terms, you and Axielo each give up the right to a jury trial and the right to bring or join, as a named party or group member, any class, collective, private attorney general or other representative action of any type. This applies to all users, whether individuals or entities, and whether the Service is used for personal, commercial or other purposes. The waiver also covers arbitration on a class basis, and the Arbitrator cannot join the claims of more than one person or entity unless we agree. You and Axielo agree the Arbitrator can grant relief only to an individual claimant, only as far as needed to resolve that person's individual claims, and that any relief awarded may not affect other users.

15. Apple and Google App Terms

Mobile apps. To use any of our apps (each an "App"), you need a compatible mobile device. Axielo does not promise that any App will work with your device; compatibility information is in the support documentation on the Apple App Store and Google Play Store. Using an App may use mobile data and lead to extra charges from your mobile provider, and you alone are responsible for those charges. We give you a limited, non-exclusive, non-transferable license, which we may revoke at any time, to use a compiled copy of the Apps under your account on one or more mobile devices that you alone own or control, and only as these Terms allow. This license is not a sale of any App or any copy of it. You must not: (a) change, take apart, decompile or reverse engineer any App, unless the law expressly forbids this restriction; (b) rent, lease, lend, resell, sublicense, distribute or otherwise transfer any App to anyone, or use any App to offer time-sharing or similar services to anyone; (c) copy any App; (d) remove, get around, disable, damage or otherwise interfere with any App's security features, features that prevent or limit use or copying of content available through it, or features that enforce limits on using the Apps; or (e) delete any copyright or other ownership notice on any App. We may release upgraded versions of the Apps from time to time and may upgrade the App on your device automatically. You agree to these automatic upgrades, and these Terms apply to every upgrade. Any third-party code included in an App is covered by its own open-source or third-party license, if one applies. We, or our partners or suppliers, keep all rights, title and interest in the Apps and all copies of them. Any attempt by you to transfer or delegate your rights or duties under these Terms, except as these Terms expressly allow, is void. We keep all rights not expressly granted in these Terms.

Apps from the Apple App Store. This paragraph applies to any App you get from the Apple App Store (an "iOS App"). You and Axielo agree that these Terms are only between you and Axielo, not Apple Inc. ("Apple"), and that Apple is not responsible for the iOS App or its content. Your use of the iOS App must follow the usage rules in Apple's current Media Services Terms and Conditions and any applicable Volume Content Terms. Apple has no obligation to provide any maintenance or support for the iOS App. If the iOS App fails to meet any applicable warranty, you may tell Apple, and Apple will refund the purchase price of the iOS App, if any; to the fullest extent the law allows, Apple has no other warranty obligation for the iOS App, and any other claim, cost, expense, loss, damage or liability from a failed warranty is governed only by these Terms and the law that applies to Axielo as the provider of the iOS App. You and Axielo agree that Apple is not responsible for handling any claims by you or anyone else about the iOS App or your possession or use of it, including (a) product liability claims, (b) claims that the iOS App does not meet a legal or regulatory requirement, and (c) claims under consumer protection or similar laws. If a third party claims that the iOS App, or your having and using it, infringes their intellectual property rights, Axielo, and not Apple, is solely responsible for investigating, defending, settling and resolving that claim, to the extent these Terms require. You and Axielo agree that Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the iOS App, and that once you accept these Terms, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Apps from Google Play. For any App you get from the Google Play Store (an "Android App"): (a) these Terms are between you and Axielo only, not Google LLC or its affiliates ("Google"); (b) your use of the Android App must follow Google's current Google Play Terms of Service; (c) Google's only role is running the store from which you downloaded the Android App; (d) the Android App is Axielo's sole responsibility, not Google's; (e) Google owes you no obligation and has no liability to you regarding the Android App or these Terms; and (f) Google is a third-party beneficiary of these Terms as they relate to the Android App.

16. Export Controls

Export control laws and regulations may apply to the Service. You must follow every applicable law on imports, exports, re-exports, trade and economic sanctions, including the U.S. Commerce Department's Export Administration Regulations, the sanctions administered by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), and the U.S. State Department's International Traffic in Arms Regulations. You promise that neither you, nor anyone you make the Service available to or who acts for you, (a) is on OFAC's List of Specially Designated Nationals and Blocked Persons or any other government list of sanctioned, prohibited or restricted parties, or (b) is located in, is a national or resident of, or is part of the government of any country or territory subject to U.S. trade or economic sanctions or embargoes, or that the U.S. Government has designated as a "terrorist supporting" region.

17. Changes to These Terms

Notices and changes. We may send you notices, whether required by law or for marketing or other business reasons, by email, in writing or on paper, or by posting them on our website or in our apps, as we choose in our sole discretion. We decide the form and method of notices, except that you may opt out of some methods where the law or these Terms allow. We are not responsible for any automatic filtering that you or your network provider apply to emails we send to the address you gave us. We may change or update these Terms from time to time in our sole discretion, so please review them regularly. These Terms govern your access to and use of the Service from the moment that access began, even if it began before these Terms were published. If you keep using the Service after a change, you accept the new Terms. If you do not agree with any part of these Terms or any future version, do not use, or stop using, the Service.

We may change or modify these Terms at any time and for any reason, in our sole discretion. We will show that the Terms changed by updating their "Last updated" date, and you give up any right to be told about each change individually. It is up to you to check these Terms regularly for updates. By continuing to use the Service after a revised version is posted, you are treated as knowing about and accepting the changes, and they apply to you.

Changes take effect on the day they are published.

18. General Provisions

Transfer. You may not transfer or assign these Terms, or any rights or licenses under them, without our prior written consent, but we may transfer or assign them without restriction. Any transfer or assignment that breaks this rule is void.

Entire agreement and severability. These Terms, with any amendments and any other agreements you make with us about the Service, are the entire agreement between you and us about the Service. Statements or comments by any of our employees or representatives are not part of these Terms and bind neither of us, nor do they govern how you use the Service. If any part of these Terms is found invalid, illegal or unenforceable for any reason in any jurisdiction, the rest of these Terms, and that part in any other jurisdiction, remain fully valid and enforceable.

No waiver. Waiving any part of these Terms once does not waive it, or any other part, again or permanently, and not enforcing a right or provision of these Terms does not waive that right or provision.

Anything beyond our reasonable control that causes loss, damage, delay or a failure to act is not our responsibility or liability. These Terms and your use of the Service do not create any joint venture, partnership, employment or agency relationship between you and us. You agree that these Terms will not be interpreted against us because we wrote them, and you give up any defense based on these Terms being electronic or not signed by the parties.

"Force majeure events" means any event outside the reasonable control of the party affected that cannot be avoided even with the reasonable care and diligence Axielo shows, including natural disasters and other acts of God, riots, uprisings, unrest, war, communication interruptions, infrastructure and internet network failures, power failures, mobilization, strikes, fire, explosions, terrorism, cyberattacks, long or widespread power cuts, internet outages, computer viruses, changes in law and bad weather. You may not claim default interest or compensation of any kind from Axielo for any delay in, incomplete performance of, or failure to perform any part of these Terms caused by a force majeure event.

Using the Service, emailing us and filling in online forms are electronic communications. You agree to receive communications electronically, and you agree that every agreement, notice, disclosure and other communication we give you electronically, by email or on the Service, meets any legal requirement for it to be in writing. YOU ACCEPT ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AS WELL AS ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS STARTED OR COMPLETED BY US OR THROUGH THE SERVICE. You give up any rights or requirements under any statute, regulation, rule, ordinance or other law anywhere that calls for an original signature, for delivery or keeping of non-electronic records, or for payments or credits by anything other than electronic means.

19. California Residents

California residents. These Terms identify who provides the Service. If you live in California, under California Civil Code §1789.3 you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.

20. Contact

Questions about these Terms? Contact us at:

Axielo LLC

Email: hello@mimica.talk

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