Terms of Service

1. Agreement to these Terms

1.1 These Terms of Service (the "Terms") are a binding agreement between MyMiaAI ("MyMiaAI," "we," "us," or "the Company") and the business customer identified at signup ("Customer," "you," or "your"), governing your use of the MyMia service (the "Service") and the MyMia SI website (the "Site").

1.2 By creating an account, connecting a phone line or account, or using the Service, you agree to these Terms, our Privacy Policy, our Acceptable Use Policy, and our Data Processing Terms, each of which is incorporated by reference. If you do not agree, do not use the Service.

1.3 If you accept on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. The Service

2.1 MyMia provides "Mia," an artificial-intelligence office assistant (presented as a "synthetic intelligence" or "SI") that, on your behalf and under your direction: (a) answers your business telephone line(s) 24 hours a day, 7 days a week; (b) converses with your callers, answers questions from the business information you provide, and captures caller information; (c) books, reschedules, and confirms appointments and jobs; (d) sends emails and text messages to your customers as configured; (e) drafts invoices and payment requests through your connected payment accounts; (f) keeps a per-business memory of calls, customers, and jobs so phone, chat, and follow-up work share context; and (g) provides dashboards and records of the foregoing.

2.2 Mia operates through accounts and services you connect (for example, your Google Workspace, calendar, payment processor, and phone number) under your delegated authorization. You may connect, limit, or disconnect those accounts as the Service permits; disconnecting a service disables the features that depend on it.

2.3 The Service is a business tool. It is provided for business use only and is not a consumer service.

3. Mia is an AI system — capabilities and limits

3.1 Mia is an artificial intelligence system, not a human being. She is presented to callers as an AI (see our AI Disclosure & Call Recording Notice), and she does not claim to be human when sincerely asked.

3.2 AI output can be wrong. Like every current AI system, Mia may misunderstand a caller, transcribe speech imperfectly, misstate a detail drawn from your business information, or produce an incorrect draft, summary, or message. We work to minimize errors, but we do not warrant that any output is error-free.

3.3 You are responsible for reviewing consequential actions. Before relying on them, you must review actions and outputs that carry consequences — including invoices and amounts, booked times, commitments made to your customers, and messages sent in your name. The Service is designed to make this review easy (dashboards, transcripts, confirmations), and features that present drafts for approval must not be bypassed in a way that removes your review.

3.4 Mia does not provide legal, tax, medical, financial, or other professional advice, and nothing she says to you or your callers is professional advice.

3.5 You are responsible for the accuracy and completeness of the business information, pricing, policies, and instructions you give Mia. Her answers to your callers are only as accurate as what you have provided and approved.

4. Accounts and eligibility

4.1 You must be a business (or an individual operating a business) located in the United States, and the person opening the account must be at least 18 years old and authorized to bind the business.

4.2 You must provide accurate account information and keep it current. You are responsible for all activity under your account and for keeping your credentials confidential. Notify us promptly of any unauthorized use.

4.3 We may verify business identity information before or during provisioning where reasonably necessary for security, fraud prevention, or legal compliance.

5. Connected accounts and delegated access

5.1 To perform work for you, the Service accesses third-party accounts you connect (such as Google Workspace, Stripe, or Square) using the authorization you grant through those providers' consent flows. You authorize us to access and act within those accounts only to provide the Service and only within the permissions you grant.

5.2 You are responsible for the permissions you grant and for complying with the connected providers' own terms. You may revoke our access at any time through the provider or through us; revocation may disable dependent features.

5.3 Your connected accounts remain yours. We do not acquire any ownership of them or of the data in them (see §8).

6. Fees, plans, minutes, and payment

6.1 Plans. The Service is offered in monthly plans: Starter — $497/month; Growth — $997/month; Scale — $1,997/month. A one-time setup fee from $1,500 applies unless waived in writing (setup is waived for founding-cohort customers).

6.2 Minute allowances and overage. Each plan includes a monthly voice-minute allowance (approximately 750 minutes on Starter, 2,000 on Growth, and 5,000 on Scale, as confirmed in your plan summary at signup). Voice usage above the allowance is billed at $0.30 per minute. Allowances do not roll over.

6.3 Founding pricing. Customers accepted into the founding cohort are billed $297/month locked for the life of their continuous subscription on the founding plan, as confirmed in writing at signup. The lock lapses if the subscription is cancelled or terminated and later restarted.

6.4 Billing. Fees are charged in advance for each billing period to your payment method on file, through our payment processors (currently Stripe or Square). You authorize recurring charges. Usage/overage charges are billed in arrears or at period end.

6.5 Taxes. Fees exclude taxes. You are responsible for applicable taxes other than taxes on our net income.

6.6 Non-payment. If a charge fails, we may retry it, notify you, and — after notice and a reasonable cure period of not less than 7 days — suspend the Service until paid. Late amounts may accrue interest at the lesser of 1.0% per month or the maximum lawful rate. [DECISION D8 covers price-change notice.]

6.7 Price changes. We may change plan pricing or overage rates prospectively on at least 30 days' notice before your next billing period. Changes never apply retroactively, and founding-cohort locked pricing (§6.3) is honored notwithstanding this section.

7. Term, renewal, and cancellation

7.1 Your subscription begins when your account is provisioned and continues month-to-month. [DECISION D3: auto-renewal default] It renews automatically each month until cancelled.

7.2 You may cancel at any time through your dashboard or by contacting us. Cancellation takes effect at the end of the then-current paid period; fees already paid are non-refundable except where required by law or expressly stated in these Terms.

7.3 Sections that by their nature should survive cancellation (including §§8–10, 16–20) survive, as do accrued payment obligations.

8. Customer data and ownership

8.1 You own your data. As between you and MyMiaAI, you own: your business information; your customer and caller information; call recordings and transcripts of your line(s); job, booking, and invoice records; and any content you provide or that is generated from your data in the course of serving your business (collectively, "Customer Data").

8.2 Our license is limited to serving you. You grant MyMiaAI a license to host, process, reproduce (for example, to transcribe recordings), and transmit Customer Data solely to provide, secure, and support the Service for you, as further described in the Data Processing Terms. We do not sell Customer Data, we do not use your callers' information to market to them for ourselves or anyone else, and we do not share Customer Data between customers.

8.3 Improvements. We may use de-identified, aggregated operational data (such as call volumes, feature usage, and error rates) that does not identify you, your business, or any caller, to operate and improve the Service. We will not use the content of your calls or your customer records to train models for other customers' benefit in identifiable form.

8.4 You are responsible for having the rights and consents needed for the Customer Data you provide or direct us to process, including the consent posture described in §12.

9. MyMiaAI intellectual property

9.1 The Service, the Mia system, our software, models, prompts, workflows, Site, and branding are owned by MyMiaAI and its licensors and are protected by intellectual-property law. These Terms grant you a right to use the Service as provided; they transfer no ownership.

9.2 You may not copy, modify, reverse-engineer (except where a law prohibits this restriction), resell, or create derivative works from the Service, or use the Service to build a competing product, except as expressly permitted in writing.

9.3 If you give us feedback, you grant us a royalty-free right to use it without restriction or payment. Feedback never includes your Customer Data.

10. Confidentiality

10.1 Each party may receive non-public information from the other that is identified as confidential or that reasonably should be treated as confidential ("Confidential Information"). Customer Data is your Confidential Information.

10.2 Each party will use the other's Confidential Information only to perform under these Terms, protect it with reasonable care, and disclose it only to personnel and service providers with a need to know who are bound by obligations at least as protective. This section does not apply to information that is public without fault, independently developed, or required to be disclosed by law (with notice to the other party where lawful).

11. Acceptable use

11.1 Your use of the Service — including every call answered, message sent, and campaign run through it — must comply with our Acceptable Use Policy, incorporated by reference. Violations are grounds for suspension or termination under §15.

11.2 Without limiting the AUP: you may not use the Service for unlawful telemarketing, spam, fraud, impersonation, or to contact any person in violation of applicable consent law; and you are responsible for the lawfulness of the instructions, lists, and content you provide.

12. Recording, disclosure, and consent responsibilities

12.1 Mia identifies herself as an AI and calls are recorded and transcribed as described in our AI Disclosure & Call Recording Notice. This disclosure is a designed feature of the Service and may not be disabled or configured away.

12.2 Your consent obligations. Call-recording and communications laws vary by state, and some states require the consent of all parties to a call. You are responsible for ensuring that your use of the Service on your lines and with your customers complies with the recording, disclosure, telemarketing, and text-messaging laws that apply to your business — including the federal Telephone Consumer Protection Act (TCPA) — and for obtaining any consents your use requires. Our built-in disclosures are a tool to support that compliance, not a guarantee of it, and are not legal advice.

12.3 You will promptly inform us of any caller or customer who revokes consent or opts out, in any channel the Service does not automatically capture, and we will honor recorded opt-outs (including text STOP requests) automatically.

13. Third-party services

13.1 The Service works with third-party services you connect or that power parts of the platform (for example, telephony, cloud hosting, AI model providers, and payment processors). Those services are provided under their own terms, and we are not responsible for their acts, omissions, or outages — except that we will use commercially reasonable efforts to select reputable providers and to restore or route around failures affecting the Service.

13.2 Payment processing is provided by Stripe and/or Square under their terms; we never store your full payment-card number on our systems.

14. Availability, support, and changes to the Service

14.1 We work to keep Mia answering around the clock, but the Service is provided without a guarantee of uninterrupted availability. Telephony, internet, and third-party dependencies can fail, and maintenance may occasionally interrupt service. We will use commercially reasonable efforts to minimize interruptions and to notify you of material planned downtime.

14.2 We may improve and change the Service over time. We will not materially reduce the core functionality of your plan during a paid period without notice and an opportunity to cancel before the change takes effect.

15. Suspension and termination

15.1 By you. You may cancel under §7.2.

15.2 By us, for cause. We may suspend or terminate your account immediately on notice if you: (a) violate the Acceptable Use Policy or §11–12; (b) use the Service in a way that creates legal exposure or material risk for us, our other customers, or third parties; (c) fail to pay amounts due after the cure period in §6.6; or (d) become insolvent or cease operations. Where the violation is reasonably curable and does not create immediate risk, we will give notice and a reasonable cure opportunity first.

15.3 Effect of termination. On termination: your lines stop being answered by Mia at the effective time; you remain liable for fees through the effective date plus accrued overage; and your Customer Data is handled under §15.4.

15.4 Your data at exit. [DECISION D5: retention default] For 30 days after termination (the "Export Window"), you may export your Customer Data (including recordings, transcripts, customer and job records) through the dashboard or by request. After the Export Window, we will delete Customer Data from production systems within 60 days, except: (a) records we must retain for legal, tax, or fraud-prevention reasons; (b) copies in routine backups, which are overwritten in the ordinary cycle; and (c) de-identified aggregated data under §8.3. We will certify deletion on written request after it completes.

16. Disclaimers of warranty

16.1 THE SERVICE AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYMIAAI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUTS WILL BE ACCURATE OR COMPLETE.

16.2 Some jurisdictions do not allow certain disclaimers; in those jurisdictions, the disclaimers apply to the fullest extent permitted.

17. Limitation of liability

17.1 [DECISION D2: cap amount] TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYMIAAI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES YOU PAID TO MYMIAAI FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.

17.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST CUSTOMERS, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.3 The limits in this section do not apply to: (a) a party's indemnification obligations under §18; (b) infringement of the other party's intellectual-property rights; (c) amounts payable to third parties under §18; (d) your obligation to pay fees due; or (e) liability that cannot be limited by law.

17.4 The parties agree the limitations in this section are an essential, bargained-for part of these Terms and that the Service is priced in reliance on them.

18. Indemnification

18.1 [DECISION D7: scope] By you. You will indemnify, defend, and hold harmless MyMiaAI and its owners, officers, employees, and agents from third-party claims, damages, liabilities, and reasonable attorneys' fees arising from: (a) your use of the Service in violation of these Terms, the AUP, or applicable law — including recording, telemarketing, and text-messaging laws; (b) your business information, instructions, lists, or content, or your lack of rights or consents for them; (c) commitments or representations made to your customers through the Service at your direction or from your information; and (d) your products or services.

18.2 By MyMiaAI. We will indemnify, defend, and hold harmless you from third-party claims that the Service, as provided by us and used as permitted under these Terms, infringes a U.S. patent, copyright, or trademark, and from claims arising from our gross negligence or willful misconduct. If an infringement claim is made, we may modify the Service to be non-infringing, procure the right to continue, or terminate the affected service and refund prepaid fees for the unused period.

18.3 The indemnified party will give prompt notice of a claim, reasonable cooperation, and sole control of the defense to the indemnifying party (who may not settle a claim imposing obligations on the indemnified party without its consent, not to be unreasonably withheld).

19. Dispute resolution

19.1 [DECISION D1: arbitration vs. courts — the drafted default is arbitration] Informal resolution first. Before filing any claim, each party agrees to try in good faith to resolve the dispute by written notice describing it, with 30 days to cure or respond.

19.2 Binding arbitration (drafted default). Except as provided in §19.3, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat and legal place of arbitration is New Orleans, Louisiana. One arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. Each party waives any right to a jury trial and agrees that disputes will be resolved only on an individual basis — no class, consolidated, or representative actions.

19.3 Carve-outs. Either party may: (a) bring an individual claim in small-claims court in Jefferson Parish or Orleans Parish, Louisiana, if it qualifies; (b) seek injunctive or equitable relief from a court to prevent actual or threatened harm; and (c) if arbitration is chosen as the default, you may opt out of this §19.2 within 30 days of account creation by written notice to us, in which case disputes proceed in court under §20.

19.4 If any part of this section is found unenforceable, the remainder continues to apply, and the unenforceable part will be reformed to the minimum extent necessary.

20. Governing law and venue

20.1 [DECISION D4: venue — the drafted default is Louisiana] These Terms are governed by the laws of the State of Louisiana, without regard to conflict-of-laws rules. Subject to §19, the state and federal courts located in Louisiana (Jefferson Parish / the Eastern District of Louisiana) will have exclusive jurisdiction and venue, and the parties consent to personal jurisdiction there.

21. Changes to these Terms

21.1 We may update these Terms as the Service evolves. For material changes, we will give at least 30 days' notice by email or dashboard notice before the change takes effect for existing customers, and the updated Terms will be posted on the Site with a new effective date. Non-material changes (clarifications, formatting, legal-compliance updates) may take effect on posting.

21.2 If you do not agree to a material change, you may cancel before it takes effect; continued use after the effective date is acceptance.

22. General provisions

22.1 Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, Data Processing Terms, and your plan/order summary, are the entire agreement between the parties about the Service and supersede prior or contemporaneous understandings about it.

22.2 Order of precedence. If a conflict arises, the Data Processing Terms govern the processing of Customer Data, then these Terms, then the plan summary.

22.3 Assignment. You may not assign these Terms or your account without our written consent, except to a successor in connection with a sale of your business (with notice to us). We may assign these Terms in connection with a sale, merger, or reorganization of our business. Any unauthorized assignment is void.

22.4 Severability; waiver. If a provision is held unenforceable, it will be reformed to the minimum extent necessary and the rest remains in force. A failure to enforce a provision is not a waiver of it or of any other provision.

22.5 Notices. Notices to you may be given by email to your account address or through the dashboard, and are effective when sent. Notices to MyMiaAI must be sent to: MyMiaAI , Attn: Legal Notices, [BUSINESS ADDRESS TO CONFIRM], with a copy by phone confirmation at (833) 772-5444.

22.6 Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship — including between MyMiaAI and your business for purposes of your callers. When Mia acts, she acts as your configured agent under your direction; you remain the business your customers are dealing with.

22.7 Export and sanctions. The Service is offered for use in the United States only. You may not use it in violation of U.S. export-control or sanctions law.

22.8 Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, except for payment obligations for services already provided.