This Terms of Service document (the “Terms”) outlines the terms and conditions of
use of
the mobile services (the “Services” or “Service”) provided by Mio International
Ltd. (“Mio”). These Terms also govern the use of and access to Mio’s
content (the “Content”), which includes the Mio website (the “Site”),
applications (the “Apps”), and any software provided by Mio (the “Software”).
By agreeing to these Terms, you are also agreeing to the Privacy Policy (“Privacy
Policy”).
1. Acceptance
By accessing the Content or Services, you are agreeing on behalf of yourself or
those
you represent (“you”) to comply with and be legally bound by these Terms in their
entirety. These Terms constitute a legally binding agreement (the “Agreement”)
between
you and Mio. If you do not agree with any part of the Terms, you may not use our
Services.
By creating an account for using our Services, you represent that you are at least
eighteen (18) years of age or that you are a valid legal entity, and that the
registration information you have provided is accurate and complete.
2. Modification
Mio may update the Terms from time to time without notice. If you continue to use
Mio ’s Services, Content, Site, Apps, or Software after these changes take
effect, then you agree to the revised Terms. The current version of the Terms is
available on the Site. You understand and agree that it is your obligation to review
these Terms from time to time in order to stay informed on current rules and
obligations. Notification on any core changes to the Terms will be provided to
subscribers through an email message or update to the Site. Your use of the Content
or
Services following the changes to these Terms constitutes your acceptance of the
changed
Terms.
3. Privacy Policy
Mio is committed to your privacy and does not collect or log browsing history,
traffic destination, data content, or DNS queries from Subscribers connected to our
Mio.
During your registration, we may collect some sensitive personal information,
such as your email address and payment information. We only collect information that
are
necessary for the proper delivery of the Site and Services.
For the sake of clarity and transparency, we have placed all information related to
data
collection in a separate document known as the Privacy Policy, which is available on
the
Site. Please review the Privacy Policy in its entirety to get a clear understanding
of
how we handle your sensitive data.
4. Subscriptions
Mio Services are available to you upon registration on the Site. By subscribing
to the Services, you agree to become a subscriber (“Subscriber”) for the period you
have
elected. A full list of subscription plans and pricing is available on the Site. Mio
reserves the right to amend subscription fees or institute new fees at any time
upon reasonable advance notice posted on the Site or sent via email. Any changes to
the
pricing will not affect the Subscriber’s current subscription period and will become
effective upon subscription renewal. Subscription purchases and refunds are handled
via
multiple third-party payment companies.
When supported by your payment method, plans renew automatically by default at the
completion of the billing term. By default, the renewal term is for the same
duration as
the billing term for the original subscription. The subscription fee will be charged
automatically to the payment method you last selected. If you would like to
discontinue
automatic renewal, you may sign in to the Site and turn off auto-renewal. By
default,
auto-renewal is turned on when you use a payment method that supports auto-renewal
(such
as a credit card or Paypal), and turned off when you use a payment method that does
not
support auto-renewal (such as Bitcoin).
Each paid subscription grants you one (1) license to use on five (5) different
devices
at any given time. If you want to use the Services on more than five devices at a
time,
then you can either (i) use Mio on your router, (ii) purchase additional
subscription plans, or (iii) purchase additional licenses through the “volume
licensing”
option. For more information on “volume licensing” program, please contact Support.
5. Refund Policy
You may cancel your account with a full refund within 30 days of your initial
purchase
(“Money Back Guarantee”).
Refunds beyond the 30-day purchase window will be considered, at the sole discretion
of
Mio, if a Subscriber can demonstrate that the Service was not available or usable
during the subscription period and that reasonable attempts were made to contact Mio
to
resolve the issue. In this case Mio may provide the Subscriber with a
pro-rata refund of service fees paid during the period when the Service was not
available or usable.
Refunds are generally processed within seven (7) days, and are made to the original
form
of payment used for purchase. All refunds are sent in USD and therefore the refund
amount could differ from the amount originally paid in local currency or Bitcoin.
Any change to the original purchase, such as upgrading to an extended billing term
or
purchasing of additional licenses under the same account, shall constitute a waiver
of
the Money Back Guarantee option. To request a refund under the Money Back Guarantee,
send an email with your request to the following email address: [email protected]
Users whose subscriptions are billed as an in-app purchase through the Apple App
Store
(iTunes) do not have access to the Mio 30-day money-back guarantee. Instead,
users can request refunds through the App Store, which are issued solely at the
discretion of Apple Support.
6. Acceptable Use Policy
Mio Services may be accessed from all around the world, so it is your
responsibility to assess whether using the Site, Apps, Software, or Services is in
compliance with local laws and regulations. Whenever you use the Site, Apps,
Software,
or Services, you should comply with these Terms and applicable laws, regulations,
and
policies.
You understand that it is your responsibility to keep your Mio account
information confidential. You are responsible for all activity under your account.
If
you ever discover or suspect that someone has accessed your account without your
authorization, you are advised to inform us immediately so that we may revoke your
account credentials and issue new ones.
Mio aims to provide the best service possible to all of our Subscribers. In that
sense, we require that you do not misuse our Content or Services. A misuse refers to
any
use, access, or interference with the Content or Services contrary to the Terms or
applicable laws and regulations.
In order to protect the Services from being misused or used to harm someone, Mio
reserves the right to take appropriate measures when our Services are being used
contrary to these Terms and applicable laws. You agree that Mio may terminate
your account, without providing a refund for Services already paid, if you misuse
the
Service.
In using our Services, you agree not to:
Send or transmit unsolicited advertisements or content (i.e., “spam”) over the
Service.
Send, post, or transmit over the Service any content which is illegal, hateful,
threatening, insulting, or defamatory; infringes on intellectual property rights;
invades privacy; or incites violence.
Upload, download, post, reproduce, or distribute any content protected by copyright
or
any other proprietary right without first having obtained permission from the owner
of
the proprietary content.
Upload, download, post, reproduce, or distribute any content that includes sexual or
explicit depictions of minors.
Engage in any conduct that restricts or inhibits any other Subscriber from using or
enjoying the Service.
Attempt to access, probe, or connect to computing devices without proper
authorization
(i.e., any form of “hacking”).
Attempt to compile, utilize, or distribute a list of IP addresses operated by Mio
in conjunction with the Service.
Use the Service for anything other than lawful purposes.
7. License
Subject to your compliance with these Terms, Mio grants to you a non-exclusive
and limited license to download and use the Software. Modifying, distributing to
unauthorized parties, reverse engineering, or otherwise using the Software in any
way
not expressly authorized by Mio is strictly prohibited.
Usage of any material which is subject to Mio ’s intellectual property rights is
prohibited unless you have been provided with explicit written consent by Mio.
8. Language and Translation of Content
All of our Content was originally written in English. Any translation of our Content
is
done on a best-effort basis. We cannot guarantee the accuracy of translated Content.
In
the event of any discrepancy between the translated Content and the English Content,
the
English Content shall prevail.
9. Third-Party Websites
Mio may provide you with content belonging to Third Parties (“Third Parties”) or
links leading to third-party websites Mio is not responsible for the availability
of the content provided by Third Parties as they are not under the control or
supervision of Mio , and they may have different terms of use and policies. Your
access through our Services to any website, service, or content provided by Third
Parties does not indicate any relationship between Mio and such Third Parties.
10. Partner Services
Mio may from time to time provide access to or promotional offers for partner
services, applications, or websites (“Partner Services”) as an added benefit to the
Service. The Partner Services are not integrated or incorporated with the Service,
and
your interaction with any Partner Services are governed by their own applicable
terms.
Mio will never share your personal information with any provider of Partner
Services.
Mio does not guarantee and is not responsible or liable for the behavior,
features, or content of Partner Services or any transaction you may enter into with
any
provider of Partner Services, nor does Mio warrant the compatibility or
continuing compatibility of the Service with Partner Services.
11. Disclaimers
We will strive to prevent interruptions to the Site and Services. However, these are
provided on an “as-is” and “as-available” basis, and we do not warrant, either
expressly
or by implication, the accuracy of any materials or information provided through the
Site or Service, or their suitability for any particular purpose. We expressly
disclaim
all warranties of any kind, whether express or implied, including but not limited to
warranties of merchantability or fitness for a particular purpose, or
non-infringement.
We do not make any warranty that the Services will meet your requirements, or that
it
will be uninterrupted, timely, secure, or error-free, or that defects, if any, will
be
corrected. You acknowledge that you access the Site and Services at your sole risk
and
discretion.
Mio service coverage, speeds, server locations, and quality may vary. Mio
will attempt to make the Service available at all times. However, the Service may be
subject to unavailability for a variety of factors beyond our control, including but
not
limited to emergencies; third-party-service failures; or transmission, equipment, or
network problems or limitations, interference, or signal strength; and may be
interrupted, refused, limited, or curtailed. We are not responsible for data,
messages,
or pages lost, not delivered, delayed, or misdirected because of interruptions or
performance issues with the Service, communications services, or networks. We may
impose
usage or Service limits, suspend Service, terminate Mio accounts, or block
certain kinds of usage in our sole discretion to protect Subscribers or the Service.
The
accuracy and timeliness of data received is not guaranteed; delays or omissions may
occur.
Mio reserves the right to investigate matters we consider to be violations of
these Terms. We may, but are not obligated to, in our sole discretion and without
notice, remove, block, filter, or restrict by any means any materials or information
that we consider to be actual or potential violations of the restrictions set forth
in
these Terms, and any other activities that may subject Mio or our customers to
liability. Mio disclaims any and all liability for any failure on our part to
prevent such materials or information from being transmitted over the Service and/or
into your computing device.
12. Limitations of Liability
Mio shall not be liable and shall not have responsibility of any kind to any
Subscriber or other individual for any loss or damage that you incur in the event
of:
any failure or interruption of the Site or Service;
any act or omission of any Third Party involved in making the Site or Service or the
data contained therein available to you;
any other cause relating to your access or use, or inability to access or use, any
portion of the Site or its Content;
your interactions on the Site or Service;
your failure to comply with this Agreement;
the cost of procurement of substitute goods or services; or
unauthorized access to or alteration of your transmissions or data, whether or not
the
circumstances giving rise to such cause may have been within the control of Mio
or of any vendor providing software, services, or support for the Site or Service.
In no event will Mio, its partners, affiliates, subsidiaries, members, officers,
or employees be liable for any direct, special, indirect, consequential, or
incidental
damages, or for any other loss or damages of any kind, even if they have been
advised of
the possibility thereof. The foregoing shall not apply to the extent prohibited by
applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Mio, its officers, directors,
employees, members, partners, agents, and suppliers, and their respective
affiliates,
officers, directors, employees, members, shareholders, partners, and agents, from
any
and all claims and expenses, including attorneys’ fees, arising out of your use of
the
Content and Service, including but not limited to your violation of this Agreement.
We
may, at our sole discretion, assume the exclusive defense and control of any matter
subject to indemnification by you. The assumption of such defense or control by us,
however, shall not excuse any of your indemnity obligations.
14. Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the
British Virgin Islands, excluding its rules governing conflicts of law.
15. Arbitration
All disputes arising out of or relating to this Agreement or the use of the Site or
Services shall be finally settled under the Rules of Arbitration (“Rules”) of the
International Centre for Dispute Resolution (ICDR) by one arbitrator (“Arbitrator”)
appointed in accordance with said Rules. The arbitration shall be conducted in Road
Town, Tortola, British Virgin Islands, unless all parties agree otherwise by a
signed
written agreement.
The Arbitrator must be qualified and have a background in the area of computer
networks,
including but not limited to the internet.
The Arbitrator shall have the authority to permit an expedited exchange of
documents,
but any discovery shall be limited to document requests and interrogatories. The
Arbitrator shall have no power or authority to add to or detract from this
Agreement,
and the costs of the arbitration shall be borne equally, except as described below.
The arbitration shall be conducted on an expedited schedule. The arbitration must be
concluded, and an award issued, no later than one hundred and twenty (120) days
following the filing of the demand for arbitration, unless all parties to the
arbitration proceeding agree in writing to an extension of time or continuance.
Subject to any applicable law to the contrary, you agree that any cause of action
arising out of or related to the use of our Site or Services must be commenced
within
one (1) year after the cause of action accrues, or such action will be permanently
barred.
In the event that Mio is the respondent in any such arbitration, damages awarded
against Mio may not exceed the amount you have paid Mio for use of the
Service.
The Arbitrator shall have the authority to grant any temporary, preliminary, or
injunctive relief in a form substantially similar to that which would otherwise be
granted by a court of law. The Arbitrator shall have no authority to award punitive
damages. The resulting arbitration award may be enforced, or injunctive relief may
be
sought, in any court of competent jurisdiction in the British Virgin Islands.
Reasonable
costs (including all costs of arbitration) and attorney’s fees shall be awarded
against
the party that commenced the arbitration, in the event that party does not prevail
in
the arbitration.
The parties subject to this arbitration provision include Mio, its officers,
directors, and employees, and any company or legal entity which is a parent,
subsidiary,
or sister company to Mio, or with which Mio has contracted to provide
services to Subscribers through Mio.
16. Assignment
In the event that Mio is acquired by, or merged with, a third-party entity, Mio may,
without your prior written consent, assign this Agreement and its rights and
obligations hereunder to a new corporate entity, who shall be bound by these same
rights
and obligations. The rights and obligations of the Parties under this Agreement
shall be
binding upon and inure to the benefit of the successors and permitted assigns of the
Parties. Any assignment not in accordance with this Agreement shall be void.
17. Final Provisions
If any provision in this Agreement is held invalid or unenforceable, that provision
shall be construed in a manner consistent with applicable law to reflect the
original
intent of the provision, and the remaining provisions of this Agreement shall remain
in
full force and effect. Any failure to exercise or enforce any right or the provision
of
this agreement shall not constitute a waiver of such right or provision.