Terms of service

Mila768x768-circle.png

This is your guide to the Mila App Terms and Conditions of Use (these “Terms”). This is a contract between you and Mila App.

 

Welcome to Mila, operated by Dynamics Enterprises. By accessing the Mila application or its website found at www.milaapp.com, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you create a Mila account. If you wish to create a Mila account and make use of the Service, please read these Terms of Use. You should also read the Mila Privacy Policy, which can be found at www.milaapp.com/privacy-policy. Please take a few moments to read this Agreement before enjoying the Mila App, because once you access or view the App, you are going to be legally bound by these terms. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Mila Privacy Policy, do not use the Service. Please contact us with any questions regarding this Agreement.

California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID or Google Play Account, refunds are handled by Apple/Google, not Mila. If you wish to request a refund, please visit https://getsupport.apple.com or contact Mila Customer Support at support@milaapp.com.  

 

Acceptance of Terms of Use Agreement:

 

This agreement is an electronic contract that establishes the legally binding terms that you must accept to use this Service. By creating a Mila Account or using any Mila Service, you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, each of which is incorporated by reference into this Agreement and (iii) any other terms disclosed to you if you purchase or have purchased additional features or services we offer on the Service. If you do not accept and agree to be bound by all of the terms of this Agreement, you should not use the Service. To withdraw your consent from this Agreement, you must terminate your account and stop using the Service.

 

We may make changes to this Agreement and to the Service from time to time. We might do this for a variety of reasons to reflect changes in legal requirements, new features or practices. The most recent version of this Agreement will be posted under Settings on the mobile application and also on www.milaapp.com/terms-and-conditions, and you should regularly check for the most recent version as that is what applies.

 

If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes, which could include either a notification or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

 

While we do our absolute best to screen the Mila community, we strongly recommend using your judgment while associating with users on or off the application. The Mila team is there to help make your experience as safe and gratifying as possible.

  1. Account Eligibility

Before you register for an account on Mila, make sure you are eligible to use our Services. This section outlines what you can and cannot do when using the Services, as well as the rights you grant to Mila.

 

By using our Services, you represent that:

  1. You are at least 18 years old;

  2. You are qualified to enter a binding contract with Mila and permitted to use the Mila Services by the laws of your home country;

  3. You have not been convicted of or pled no contest to any felony, sex crime, violent crime;

  4. You are not required to register as a sex offender with any local, state or federal sex offender registry;

  5. You do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any similar prohibition;

  6. You will comply with this Agreement and all applicable local, state, federal and international laws, rules and regulations from which you access or use the Service.

  7. Your account has not been removed by Mila in the past for inappropriate or impersonation reasons

 

If at any time, you no longer meet these requirements, you must immediately delete your account and we retain the right to remove your access to our services.

 

2. Rights and Restrictions Mila Grants You

 

Mila grants you a personal, worldwide, revocable, limited, non-transferable license to use the features and functions of the App on your mobile device exclusively for your very own utilization as proposed by Mila and allowed by this Agreement.

 

By using our Services, you agree to:

  1. Comply with this Agreement and check this page from time to time so that you are made aware of modifications;

  2. Comply with all applicable laws including privacy laws, intellectual property laws and regulatory requirements;

  3. Use the latest version of the Website and/or App;

  4. Treat other users or Mila Customer Support in a proper and respectful manner and abide by the Mila Guidelines and Safety Tips

 

Add at least one photo that shows your face and no photos that are inappropriate

 

By using our app, you agree that you will not:

  1. Misrepresent your identify including: name, age, qualifications, or affiliations

  2. Use the Services in a way that is harming other users (including: bullying, stalking, harassing, assaulting, defaming or mistreating) or the Service itself

  3. Use the Services to interfere or harm the platform, servers or the networks

  4. Use the Services for illegal purpose

  5. Engage in sharing prohibited content:

    • Content that can be deemed to be offensive, harass, embarrass, alarm a person;

    • Content that is obscene, pornographic, violent or contains nudity;

    • Content that is abusive, threating, discriminatory or encourages racism, sexism or hatred;

    • Content that encourages illegal activity;

    • Content that relates to commercial activities, such as advertising or sales, or is “spam”;

    • Content that is defamatory;

    • Content that contains corrupt code to damage the functionality or disrupt other equipment;

    • Content not written by you;

    • Content infringing upon third party rights, content including others that have not provided consent;

  6. Share passwords or personal identifiable information without permission;

  7. Solicit items of monetary value;

  8. Use accounts belonging to other people;

  9. Use the Services in relation to fraud or similar practices, disclosing private or proprietary information you do not have rights to;

  10. Violate the terms of the license granted to you by Mila

  11. Duplicate, Modify, Distribute or Create any subordinate works from, any Member Content or Our Content, or any copyrighted material, pictures, brand names, trademarks, service marks, or other intellectual property, substance or restrictive data available through our Services without Mila's prior written consent;

  12. Convey or indicate that any statements made by you, are endorsed by Mila;

  13. Gather any client information through any robot, crawler, site search, proxy or other programmed device, method or strategy to access, or in any capacity replicate or bypass the navigational structure or presentation of our Services or its contents;

  14. Upload viruses or other malicious code or otherwise compromise the security of our Services;

  15. Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;

  16. “Frame” or “mirror” any part of our Services without Mila's prior written authorization;

  17. Use meta tags or code or other devices containing any reference to Mila or the platform (or any trademark, trade name, service mark, logo or slogan of Mila) to direct any person to any other website for any purpose;

  18. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;

  19. Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;

  20. Use, access, or publish the Mila application programming interface without our written consent;

  21. Probe, scan or test the vulnerability of our Services or any system or network;

  22. Encourage, promote, or agree to engage in any activity that violates these Terms;

  23. Use any meta tags or other hidden text utilizing our trademarks, logos, URLs or product names without our express written consent;

  24. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;

  25. Attempt to obtain login information of an Account belonging to someone else;

  26. Encourage or promote any activity that violates this Agreement.

  27. Scan or test the vulnerability of our Service

  28. Attempt to risk the correct functioning of Mila App, or attempt to pull out the source code of the Mila App software

  29. Attempt to gain access to secured parts of the Mila App and databases to which you do not have access to possess.

 

Despite the fact that we're not obligated to monitor access to or utilization of the Services or to survey or alter any User Content, we reserve the option to do as such to work the Services, to ensure compliance with this Agreement and to conform to relevant law or other legal requirements. We hold the right, yet are not committed, to eliminate or impair admittance to any piece of the Services, including any User Content, whenever and without notice, including, however not restricted to, in the event that we, at our sole circumspection, think about any of the previous to be offensive or infringing upon this Agreement. We reserve the privilege to examine infringement of this Agreement or conduct that influences the Services. We may likewise counsel and help out law enforcement and other authorities, including by sharing any User Content, as requested by law enforcement or as we, in our sole circumspection, consider significant to secure the wellbeing or safety of our Users or some other individual.

 

The Company may examine and take any accessible legal action because of unlawful as well as unapproved uses of the Service, including termination of your account.

 

3. Rights you Grant Mila

By creating an account on our app, you award to Mila a worldwide, transferable, non-licensable, right and license to host, store, use, duplicate, display, reproduce, adjust, alter, publish, modify and circulate information you authorize us to access from Facebook and Instagram, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other members (collectively, “Content”).

 

Mila's license to your Content shall be exclusive with respect to derivative works created through use of the Service. For example, Tinder would have an exclusive license to screenshots of the Service that include your Content.

You concur that all data that you submit upon creation of your account, including data submitted from your Facebook account, is precise, accurate and truthful and you reserve the right to post the Content on the Mila app and grant the license to us above.

You comprehend and concur that we may screen or audit any Content you post as a feature of a Service. We may erase any Content, in entirety or to a limited extent, which in our sole judgment violates this Agreement or may hurt the standing of the Service.

 

When speaking with our client care delegates, you consent to be respectful and kind. In the event that we feel that your conduct towards any of our client care delegates or different workers is whenever undermining or hostile, we reserve the right to immediately terminate your account.

 

In consideration for Mila permitting you to utilize the Service, you concur that we, our affiliates, and our third party partners may place advertising on the Service. By submitting proposals or criticism to Mila in regards to our Service, you concur that we may utilize and share such input for any reason without remunerating you.

 

You concur that Mila may access, save and disclose your record data and Content  if required to do so by law or in good faith that such access, conservation or divulgence is reasonable necessary, for example, to: (i) comply with legal processes; (ii) authorize this Agreement; (iii) respond to claims that any Content disregards the privileges of third parties; (iv) respond to your solicitations for client support; or (v) secure the rights, property or individual wellbeing of the Company or some other individual.

 

4. Account

 

Account creation is done using your mobile phone number details, however you can connect your Facebook profile as well to upload photos on your profile. If you choose to connect your Mila Profile with Facebook, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile, and Facebook friends (to display common friends with other Users).

 

For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

 

You are responsible for maintaining the confidentiality of your login credentials you use to signing up for Mila and you are solely responsible for all activities that occur under your Mila Account. If you think that someone is mis-using your account or gained unauthorized access, please contact our Mila Customer Support Center.

 

You may only access your Account in accordance with this Agreement to find and communicate with potential matches. You may not authorize others to access your Account and you may not transfer your Account to another entity or person. You acknowledge that we are not responsible for any third party access to your account, such as theft of your Account or Facebook login credentials. You agree to immediately notifying Mila Customer Support Center of any authorized use of your credentials.

 

You are solely responsible for all the information and content you make available on the Services. If you provide any information that is untrue, inaccurate or incomplete, or Mila has reasonable grounds to suspect that the information is inaccurate, Mila has the right to deactivate or delete your Account and refuse any future use of the Service.

 

5. Account Deletion

You can delete your account at any time by accessing the “Settings” section from the “three lines icon” of the application and following the instructions to terminate your membership. Your account will be deleted immediately. If you are a subscriber to Mila Premium, you will need to manage your in-app purchase through your mobile device (Apple Store or Google Play) to terminate paid subscriptions and cancel additional billing.

 

Mila reserves the right to delete or deactivate any Account, if Mila believes that you have violated this Agreement, misused the Services or behaved in a way that Mila regards as inappropriate or illegal. Mila is not required to disclose the reason for the deletion or deactivation of your account. If Mila has deleted your account for any reason, you will not be entitled to any refunds for purchases.

 

If your account is deleted, either by you or Mila, this Agreement continues and remains enforceable between you and Mila. Your information will be maintained and deleted in accordance with our Privacy Policy.

 

6. Your Content

As a member of Mila, you should not display any personal contact or identifiable information in relation to you or any others on your profile page. Examples of this information include: home addresses, telephone numbers, email addresses, banking details. If you choose to share any personal information to other users, you will be doing so at your own risk. We encourage you to, however, use caution in disclosing personal information on Mila as you would with online third parties.

 

Your content will be visible to other users in the Mila Community instantly. That said, it is important to make sure you are comfortable with the content you are sharing on your profile.

 

By uploading your content on Mila, you represent that you have all necessary rights and licenses to do so, and you grant us a non-exclusive, royalty free, worldwide license to use your content in any way (including, without limitation, altering, duplicating, , modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, marketing, research purposes, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

 

Mila has the right to eliminate, edit, or block access to any of your content at any time. We have no obligation to display or review your content.

 

7. Other Members’ Content

Other members in the Mila community will also be sharing content via the App. Member Content belongs to the user who has posted the content and is stored on our servers and displayed at the direction of the user who has posted the content.

 

You do not have rights in relation to other member’s content. You may only use other user’s personal information to achieve Mila's purpose of allowing people to meet but you cannot use it for any commercial, illegal or inappropriate purposes.

 

Mila reserves the right to terminate your account if you misuse other members content.

 

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

 

8. Mila's Content

Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Mila are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to out content remains with us at all times.

 

Purchases

Mila may offer products or services for purchase (“in app purchases”) through Apple App Store or Google Play (each, a “App Store”).

 

If you choose to make an in app purchase, you will be prompted to enter details for your account with your App Store, your method of payment, and your App Store Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your App Store Account. You might be charged a sales tax, depending on where you live, by your App Stores.  

 

If you purchase an auto-recurring periodic subscription, your App Store Account will continue to be billed for the subscription until you cancel.

 

After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.

 

If you do not wish your subscription to renew automatically, or if you want to modify or cancel your subscription, you will need to log in to your App Store Account and follow the appropriate instructions to cancel your subscription. Deleting your Mila Account or deleting the Mila Application does not cancel your subscription. You will have to follow these instructions even if you have deleted your account with us or if you have deleted the Mila application from your device. Till then, Mila will retain all funds charged to your App Store Account.

 

If you cancel your subscription, you will be able to use your subscription until the end of the initial commitment subscription period and then your subscription will not be further renewed.

 

Refunds

Generally, all purchases are nonrefundable, and there are no refunds for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

 

If you subscribed to Mila using your Apple ID: To request a refund through your iOS device, go to iTunes, click on your Apple ID, select “View Apple ID”, sign in if requested, select “Purchase History,” find the transaction, and tap “Report Problem.” You will also be prompted to select a problem before submitting the request. You can also submit a request at https://getsupport.apple.com/.

 

If you subscribed to Mila using your Google Play Store Account: To request a refund through your Android device, review the order history on the Google Store Account and select “Request a refund” or “Report a problem” and choose the option that describes the problem. Complete the form and note that you would like a refund. You can also contact Mila Customer Support with your order details, problems and account information.

 

9. Interactions with Other Members

User Responsibility

Mila Members must exercise their own diligence and caution in using the Mila App and communicating with other members. You are responsible for your interactions with members and any other parties on the Services, provided that Mila still reserves the right intercede in such interactions, but has no obligation.

 

You agree that Mila will not be responsible for any liability incurred in such interactions.

 

You understand that Mila does not conduct any criminal background checks on its users or attempts to verify the content provided by the users.

 

Mila reserves the right to conduct any criminal background checks or other screenings (such as sex offender register searches) at any time and using available public resources.

 

You understand that Mila does not guarantee you matches nor does not guarantee any number or frequency of matches

 

You understand that Mila does not guarantee the accuracy, relationship availability or other characteristics of any User.

 

You understand that Mila does not guarantee relationship success based on the Compatibility % presented to the user.

 

You understand that Mila does not guarantee accuracy of the Compatibility % if the data inputs: Date of Birth, Time of Birth and Place of Birth are

inaccurate.

 

Member Content

The Mila App may contain content provided by other users (“Member Content”). We make an effort to review profile content, but Mila is not responsible for and does not control Member Content, including the accuracy or completeness of any user’s profile information.

 

You use all Member Content and interact with other users at your own risk.

 

Push Notifications

We may provide you with emails, text messages, push notifications, alerts and other messages related to Mila App, such as enhancements, offers, products, and other promotions. After downloading Mila App, you will be asked to accept or deny push notifications. If you deny, you will not receive any push notifications. If you accept, push notifications will be automatically sent to you. If you no longer wish to receive push notifications from the App, you may opt out by changing your notification settings on your mobile device (iOS or Android).

 

With respect to other types of messaging, such as emails, text messages, etc., you can opt out by following the instructions included in those communications.

 

Location Based Features

Mila App allows access for you to view certain content based on your location. To make this content available to you, the Mila App will determine your location using one or more reference points, such as GPS, and/or Bluetooth within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the Mila App to access your location data, you will not be able to access such location-specific content. For more about how the App uses and retains this information, please read the Privacy Policy.

 

 

10. Disclaimer

 

To the extent allowed by applicable law, Mila provides the service on an “as is” and “as available” basis and grants no warranties of any kind, with respect to Mila services (including all content).

 

Mila does not represent that the service will be uninterrupted, error free, or secure. Mila does not represent that any errors in the service will be corrected within any time frame. Mila also does not represent that any content obtained via the Mila App will be accurate. Mila reserves the right to change any part of the Mila App at any time without any notice.

 

Mila takes no responsibility for any content that you or another member or third party shares through the Mila App. Mila takes no responsibility for any conduct of your or any other member on or off the Mila App.

 

11. Indemnity

 

You are responsible for your actions and information you post on Mila.

 

You agree to indemnify and hold Mila, its officers, agents, partners and employees, harmless from any loss, liability, claim, or demands, including attorney’s fees, made by any third party or arising out of your failure to comply with this Agreement, any Content you post in the Service, and the violation of any law or regulation by you. 

 

12. Digital Millennium Copyright Act

Mila is committed to respecting and protecting the legal rights of copyright owners. We take copyright infringement very seriously.

 

Mila adheres to the following policy towards copyright infringement in accordance with Digital Millennium Copyright Act (the “DMCA”)

 

If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (a “DMCA Takedown Notice”) including the following:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

The DMCA Takedown Notice must be provided to Mila's Copyright Agent via email to support@mila.com.

 

 

13. Limitations of Liability

 

Your use of Mila App is at your own risk.

 

In no event, will Mila, its affiliates, nor any of its respective employees, or other representatives will be liable for any damages: direct, indirect, incidental, or consequential, including, without limitation, loss of data, profit, or goodwill, loss of or damage to property and claims of third parties arising out of your use of the Mila App or inability to use, however caused, whether based on breach of contract, negligence, proprietary rights infringement, product liability or otherwise. The foregoing will apply even if Mila was advised of the possibility of such damages. If you become dissatisfied in any way with the Mila App, this Agreement, your sole solution is to stop your use of the Mila App and its Services. You hereby waive any and all claims against Mila and its affiliates, and representatives arising out of your use of the Mila App.

Because some jurisdictions do not allow the exclusion of certain damages, these limitations / terms may not apply to you.

 

 

14. Arbitration and Governing Law

 

Arbitration

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against one another in a small-claims court of competent jurisdiction. Whether you choose arbitration or small-claims court, you will not be able to under any circumstances commence or maintain any class action, class arbitration, or other representative action or proceeding against Mila.

  2. The American Arbitration Association Rules are available at www.adr.org or by calling 1-800-778-7879. The AAA provides a form Demand for Arbitration at www.adr.org.

  3. By accepting this Agreement, you agree to the Arbitration Agreement. In doing so, YOU AND MILA GIVE UP THE RIGHT TO GO TO COURT to assert or defend any claims between you and Mila (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.

  4. If you assert a claim against Mila outside of small claims court, your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. The arbitrator will determine all claims and all issues. The same applies for Mila. Both you and Mila are entitled to a fair hearing before the arbitrator. The arbitrator can typically grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

  5. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in New Jersey. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

 

Governing Law

This Agreement, and any dispute between you and Mila, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

 

 

15. Third Party Services

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Mila is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Mila is not responsible or liable for such third parties’ terms or actions.

 

16. Miscellaneous / Entire Agreement

 

This Agreement, along with the Privacy Policy, Cookie Policy, and any other terms disclosed to you if you purchase or have purchased additional features or services we offer on the Service contains the entire agreement between you and Mila regarding your relationship with Mila and the use of the Service.

 

These Terms supersede all previous agreements and arrangements between us.

 

Mila's failure to enforce any provision of this Agreement will not be deemed a waiver of such provision nor of the right to enforce such provision.

 

If any part of these Terms is held invalid, illegal or unenforceable, the remainder of the terms will continue in effect. The part that is invalid will be superseded by a valid, enforceable provision that closely matches the intent of the original provision. The failure of Mila to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Mila account is non-transferrable. 

 

17. SPECIAL STATE TERMS

The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin:

 

1. You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, please follow these instructions:

 

2. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Mila) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.

 

Copyright 2020 Mila

Dating