Mirami video chat

Terms of Service

Last updated: 01.01.2023

This agreement ("Agreement") represents a legally binding document between you and us ("Mirami", "Application", "Service", "our" and "we") and governs your use of our website https://mirami.chat, the Mirami mobile application for Android and IOS based platforms as well as all related services, produced by Infoholders s.r.o. ("Application", "Service"). We are a registered company located at Borova 4, Kostoliste, 900 62, Slovak Republic.

You agree to be legally bound by this Agreement if you use the Application. We reserve the right to modify this Agreement at any time and inform you upon the changes via the website or mobile application. If you continue using our Application after the changes to this Agreement were posted, you automatically agree to these changes.

You are prohibited to download and use our Application if you are under the age of 18. We do not knowingly and willfully gather data from individuals under 18. Please select carefully the information you make available in our Service. We reserve the right to remove or refuse to post any content provided by you or suspend, restrict or terminate your access to our Service at our sole discretion for any or no reason without liability, with or without any prior notice.

1. General provisions

We reserve the right to modify this Agreement at any time and inform you upon the changes via the website or mobile application. You are responsible to keep yourself informed about any updates of this Agreement. If you continue using our Application after the changes to this Agreement were posted, you automatically agree to these changes. If any provision of this Agreement or any part of our Service comes into conflict with your beliefs, views or likings, you must delete your account. You are prohibited to download and use our Application if you are under the age of 18.

Using of our Service is free, but we have in-app purchases that you may make to use our additional features.

2. Information About Your Use of the Service

We may gather and process information about your usage of our Application, including the data related to the content you view, pages you visit, your way of using our Application, your internal balance, purchases you make within our Application, as well as your software and communication data. Please refer to our Privacy Policy for more information.

3. Posted Content

  1. You are aware of and agree that our Service may monitor, review and remove any posted or otherwise made available content, text, photo, video, sound, profile or any other content (hereinafter collectively referred to as "Content") at our sole discretion at any time. You agree to be responsible for the Content you make available in the Service or any data you transmit to other Users. You warrant that the Content that you make publicly available in the Service will contain only you and no other individual. As a Content Provider you also have the right to remove the Content you posted on the Service at any time.
  2. By making available any Content on the website or mobile applications you hereby grant us the non-exclusive, fully paid, worldwide license to use, reproduce and publicly display this Content in the Application as well as other websites or mobile applications produced by us, our affiliates or third-party partners, including without limitation distribution of part or all of the mobile application and website in any way.
  3. You warrant that you own the Content you make available in the Service or otherwise have the right to grant the license to this Content, and that your Content does not violate privacy, copyright, proprietary or any other rights of any person. You agree to pay any royalty or fee due and payable to any person in relation to any Content you make available in the Service.
  4. We reserve the right to investigate and take any legal actions at our sole discretion against anyone violating the following provisions, including but not limited to removing the profile of such individuals from the Service. The Content forbidden or illegal in the Service includes but is not limited to the Content that:
    • promotes bigotry, racism, sexism, hatred, intolerance, physical or mental harm of any kind against any individual or group;
    • is offensive, obscene, pornographic or otherwise may offend human dignity;
    • includes language that could be regarded as or is likely to harass, embarrass, annoy or cause harm to any individual;
    • contains junk mail, spam, includes false or misleading information, or promotes illegal activities of any kind or conduct that is abusive, obscene, defamatory, detractive or threatening;
    • promotes or provides illegal or unauthorized copy of other person’s copyrighted intellectual property;
    • contains depictions, animations or illustrations of sex acts, sexual nudity, sexual depiction of body parts or sexually suggestive poses in which the subject is nude, blurred or minimally clothed, and/or where the clothing would not be acceptable in an appropriate public context;
    • contains material that exploits in a sexual or violent manner or solicits information from any individual under 18;
    • includes instructional information about any illegal activities;
    • contains restricted or password-only access pages or hidden pages or images;
    • solicits personal data for commercial or unlawful purposes from other users;
    • contains any commercial activities or sales without our prior written consent.
  5. You agree to use the Service in the manner that is compliant with any applicable law or regulation.
  6. You are not allowed to attempt to impersonate any other user or a person.
  7. You are not allowed to advertise to or solicit any user to buy or sell any product or service via the Service. Any use of any information obtained from the Service in order to inflict physical or mental harm to any other individual, to contact, advertise or initiate commercial activity with any user without their prior explicit consent also violates this Agreement. We therefore reserve the right to restrict the number of messages a user may send to another user to a number that we may regard appropriate for any period of time at our sole discretion to protect users from such advertisement or solicitation.

4. Eligibility and Forbidden Activities

You agree that all information that you provide to us is accurate and truthful. By accessing and using the Application you warrant that you are of age 18 or older, and your use of the Service does not violate any applicable law or regulation. You agree that the Service is for your personal use only, and you shall not authorize others by any means to use your account. You are solely responsible for any Content posted or any action made in the Service with your account.

We reserve the right to investigate, suspend or terminate your profile in case you violated this Agreement, misused the Service or took actions that we may regard as illicit or inappropriate, including actions outside the Service that involve other users. You are not allowed to engage in the following actions in relation to the Service:

  • impersonate any individual or entity or solicit money or personal information from any users;
  • stalk, abuse, harass or otherwise cause harm to any user;
  • misrepresent or impersonate another individual or entity;
  • make available any Content that you do not own, have the right or license to, or that violates any copyright, privacy, proprietary or any other rights of any person or entity;
  • use the Service for illegal purposes or in unlawful activities, or access the Service under a jurisdiction where such access and use are illegal;
  • use the Service in a manner that creates impression that we endorse or otherwise support your statements or beliefs without our specific prior written consent;
  • upload, transmit or otherwise use any hardware or software, including but not limited to spiders, viruses, programs, devices or applications, that may retrieve, extract or gather any data from, compromise the integrity of, destroy or limit functionality of or otherwise impair or interfere into operation of any part of the Service, the network or any equipment connected to the Service;
  • involve other users to conceal the identity, source or destination of any illegally obtained money, products or services;
  • use other users’ personal data for sending unsolicited email or unauthorized linking to the Service;
  • frame, mirror, modify, sublicense, transfer, sell, decipher, disassemble or otherwise intervene into or misuse any part of the Service or make others to do so;
  • use headers, identifiers, meta tags, code or any other software or hardware in a manner that disguises or misrepresents any information related to the Service, redirects any person to another service, application or website for any purpose, or otherwise use in any activity that may cause any liability to the Service;
  • post Content or register with the Service automatically, systematically, or programmatically, or register unnecessary amounts accounts for any illicit or malicious purposes;
  • make available, distribute or otherwise use in any manner any Content or information obtained from or via the Service other than in relation to your use of the Service and in accordance with this Agreement.

We reserve the right to suspend, freeze, ban or terminate your account if we determine that you violate any of the provisions of this Agreement, if your actual location does not correspond to the location you provided, or your IP address changes continuously.

You agree that we may access and disclose your account information and your Content if we are required to do so by law or such access or disclosure is necessary for reasonable purposes, including but not limited to compliance with any legal procedures, enforcement of this Agreement, response to any claim, complaint or request regarding the Service or any Content, protection of any right of the Service or any other person or entity.

You agree that we may and will monitor or review any Content you make available on the Service, and we may remove any Content at our sole discretion if we have reasons to believe that this Content violates this Agreement or may cause any harm or liability to the Service.

4.1 Anti-Human Trafficking, Labor Trafficking, Physical Abuse And Child Exploitation Policy

The Company firmly denounces any and all manifestations of human trafficking and the exploitation of children for commercial sexual purposes. We stand in unwavering support of the inherent right to safety and security for every individual, with a particular emphasis on safeguarding children who are most susceptible to harm. The imperative to shield children from sexual exploitation as well as any other individual from human trafficking or physical abuse is a moral obligation, and our policies and practices must inherently embody this principle as an act of social responsibility.

In adherence to this commitment, the Company will rigorously adhere to all relevant laws and regulations aimed at preventing human trafficking, labor trafficking, physical abuse and sexual exploitation of children, especially within the Service provided by the Company. We pledge to collaborate closely with law enforcement authorities to address any instances of exploitation in which the Company, its employees or any involved party (including users of the Company’s products) may be implicated.

Our employees and product users are expressly prohibited from engaging in activities that compromise the well-being of children, including the use of the Company facilities, resources, or equipment for the creation, storage, distribution, promotion, or consumption of materials depicting children engaged in sexual acts or objectified for prurient interests. Additionally, employees and users are prohibited from establishing business relationships or affiliations with organizations suspected of participating in human trafficking and the commercial sexual exploitation of children. The use of images or concepts that sexually exploit children is strictly forbidden.

The Company thoroughly and timely monitors the Content that the users make publicly available on the Service against any alleged case of human trafficking, sex trafficking, physical abuse, sexual exploitation of children or any non-consensual activity.

5. Interaction with Other Users

You are solely responsible for your interaction with other users of the Service, especially if this interaction occurs off the Service. You should not provide any personal or financial information to other users. Although we encourage respectful communication among users, we are not responsible for the behavior of any user in or outside of the Service.

6. Subscription

The Service may include the Subscription option. If the Subscription is available, following terms are applicable:

You may purchase a subscription in our Service to access additional features and functions. Payments for your subscription will be charged to the account you specify when you confirm your purchase. Your subscription will automatically renew at least 24 hours before the end of your current subscription unless you switch off the auto-renew function in your account settings. You may also cancel your subscription at any time.

You may not request a refund or transfer your subscription to another user. We reserve the right to change the price for subscription, the features that are made available through subscription, as well as to stop issuing subscriptions at any time.

7. Virtual Currency

You may access additional functions, video chat features, etc. by using Virtual Currency (diamonds). You agree that you do not own Virtual Currency products when you purchase or receive them, and that you may not transfer your Virtual Currency to other users. You agree that we have no liability to you in relation to execution of our rights to Virtual Currency. We may verify your eligibility to use Virtual Currency.

Purchasing of Virtual Currency is non-refundable, non-transferrable and non-sublicensable. Virtual Currency may not be redeemed for any sum of money or monetary value. We reserve the right to suspend, modify, revoke, stop issuing or remove Virtual Currency and all related features at any time for any reason without notice, refund, redemption or compensation. We are not responsible for repairing or redeeming Virtual Currency in case of loss or damage due to software or hardware error or for any other reason. If your account is deleted or terminated for any reason you will lose all your Virtual Currency without refund or compensation.

7.1 Use of Virtual Currency

The use of video chat for free once a day with a limit of 30 seconds is available for any user. For the use of video chat from the top of the set limit, a fee of 28 diamonds/minute is charged. Direct calls are charged 28 diamonds/minute.

8. Term, Account Termination, Modifying the Service

All provisions of this Agreement remain in full force for as long as you use the Application.

You may terminate your account at any time and for any reason.

We may suspend or terminate your account without prior notice, at any time and for any reason, including events that make us believe that you have violated any provision of this Agreement. If we suspend or terminate your account, you are not entitled to a refund or redemption of your unused subscription fees if any. This Agreement remains in full force even if we terminate your account.

We reserve the right to add, modify or remove some features or functions from time to time, and we may not give you prior notice of this unless this adding, modifying and removing materially affects your rights or obligations. We may suspend the entire Service for any reason at our sole discretion, and we will give you prior notice on that event unless security reasons prevent us from doing so.

As a user of the Service, you agree that we reserve the right to charge for the Service and suspend or terminate the user account if a user violates this Agreement or fails to pay for the Service if necessary, as required by this Agreement.

9. Disclaimers

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Mirami and any of its users.

You use the Service and consume all the Content, information and data on the Service at your own risk. You are solely responsible for any loss or damage to your or other’s devices that may result from using the Service and the Content.

We make no warranty that the Service will always function securely, safely and without any errors. We are not responsible for any incorrect or inaccurate Content made available in the Service by the Service users, software or equipment associated with the Service. We are not responsible for the behavior or way of communication of the Service users on or off the Service. We are not responsible for any problems caused by or related to any software or hardware involved in the operation of the Service, including servers, providers, Internet connection, telephone network, players, etc. We are not responsible for any loss or damage, including personal injury or death, that results from the use of the Service, any Content made available in the Service or any interaction between the users of the Service.

The Application is provided “as is”. We renounce any warranty of non-infringement. We do not guarantee or promise any specific outcome that may result from the use of the Service, or that the Service fits any particular purpose. We are not responsible for any third-party advertisements, including the advertised products or services, posted in the Service.

Some jurisdiction does not allow the exclusion of such warranties or the limitation or the exclusion of liability for incidental or consequential damages. Some of the limitations of the warranty may not apply to you. In such cases, the warranties and liability will be limited to the fullest extent permitted by applicable law.

10. Dispute resolution, Complaints

You agree that any dispute related to this Agreement shall be resolved by means of binding arbitration and not by litigation in any court (except for the claims within the court’s jurisdiction). All claims or disputes are subject to arbitration, regardless of what they are based on or whether they seek legal or equitable remedies.

You may send us a complaint if you have reasons to believe that you come across rules-violating behaviour or content. We take all requests seriously and will quickly process any complaint.

General complaints

We invite you to report abusive or standards-violating content if you meet any. Your complaint will be processed within 7 days from the time of reception and will be completely confidential. If you want to submit such a complaint, please contact our support.

Content removal complaints

If you are subject to or come across the content that you deem as:

  • A non-consensual production and/or distribution of your image
  • Otherwise abusive and/or illegal
  • Revealing personal information

You may send us a complaint, which must include the following information:

  1. Legal Name
  2. URL's
  3. Information Regarding Removal

That non-consensual content will be removed within 24 hours.

If you want to submit such a complaint, please contact our support. Your report will be completely confidential.

11. Non-commercial Use, Indemnity

You agree to hold the Service, its affiliates and other related parties from and indemnify any loss, liability or claim made by any third party that result from or relate to your use of the Service that violates any provision or warranty of this Agreement.

The Application is for user’s personal use only and may not be involved in any kind of commercial activity unless otherwise permitted by the management of the Service. We will take any appropriate and legal actions to investigate any unauthorized use of the Service.

12. Copyright Policy

You are not allowed to post, reproduce or otherwise distribute any copyrighted material or any proprietary data without prior written consent of the owner of these proprietary rights. We may suspend or terminate accounts of users who repeatedly breach copyright.

If you believe that your work was copied and posted in our Service in a manner that violates your proprietary rights, please contact our support and provide the following information: a signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright interest; description of the copyrighted work that you claim to be infringed and the material posted on the Service that infringes the copyrighted work; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

13. Security

We may conduct criminal background checks of our users at any time using available public records if we are required to do so under any applicable law or in order to facilitate any legal investigation. You agree to authorize such checks if any.

You are solely responsible for keeping the confidentiality of your login data to the Service, as well as for all activities performed with and via your account. You agree to immediately inform us of any breach of security or unauthorized access to your account by contacting our support.

14. Advertisers, Links

You agree that we, our affiliates or our third-party partners may place advertisements on the Service and/or use your Content for advertising in our Application, other services related to the Application or in the services of our affiliates and third-party partners . You agree that we may use your feedback (if any) regarding any part of the Service for any purpose without compensating you.

You agree to be responsible for any interaction with advertisers in our Service. We will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.

The Service may contain links to third-party websites over which we exercise no control, screening or monitoring and therefore bear no responsibility for. We make no warranty that the content on these third-party websites will be appropriate, not offensive or not objectionable.

15. Limitation of Liability

Under no circumstance shall our Service be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damage or loss that may arise from your use of the Service. Services' liability to you for any cause, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during your use of the Service.

16. Other

Mirami is a product by Infoholders s.r.o. registered in Slovak Republic with company registration number 51161869 and office register address located at Borova 4, Kostoliste, 900 62, Slovak Republic. Our VAT number is SK2120610932.

The Slovak Republic law governs this agreement and will apply to any claim within the court’s jurisdiction that may arise or relate to this agreement. You will also be able to rely on mandatory law and regulations of the country where you live.

You accept and give your consent to all provisions and warranties of this Agreement as soon as you start using the Service. This Agreement represents the entire agreement between you and the Service regarding the use of our website or mobile applications. The failure of the Service to exercise or enforce any right or provision of this Agreement shall not be regarded as a waiver of such right or provision.

If you have any questions regarding this Agreement please contact us at support@mirami.chat.