Welcome to Missd.AI! Please read these Terms of Use and our [Privacy Policy](/privacy) (collectively the "Terms") carefully, as you agree that you consent to these Terms by your use of this website or Missd.AI's services, as described further below.
Acceptance of the Terms
The Terms are entered into by and between you (referred to herein as "you" and/or, if you have subscribed to Missd.AI, as "Subscriber") and Valoria Ventures, LLC dba Missd.AI ("Missd.AI," "we," "our," or "us"), and they govern your access to and use of the Missd.AI website and/or Missd.AI software (collectively the "Platform") and Missd.AI Services, as defined below, whether as a guest or subscriber.
Please read the Terms carefully before you start to use the Platform or Services. By using the Platform, you accept and agree to be bound and abide by these Terms of Use and our [Privacy Policy](/privacy), incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Platform or any Missd.AI Services, but please get in touch with us so we can try to help.
Term
This agreement remains in full force and effect while you use the Platform. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Eligibility
The Platform and Services are intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform and Services.
Changes to the Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform and Services thereafter. Your continued use of the Platform or our Services following the posting of revised Terms means you accept and agree to the changes.
Services
Missd.AI provides AI (artificial intelligence) receptionist services to its subscribers, including AI-led receptionist telephone answering; filtering spam calls; caller greetings; inbound messages; message and lead notifications by email; appointment booking; transfer of callers to a telephone number you designate; and call transcripts and recordings made available through your dashboard; and other services that may be introduced from time to time. Text messaging and other messaging features may be provided where available and, for text messaging, following applicable carrier registration. Collectively, the services described in this paragraph and all others provided by Missd.AI now or in the future, whether through a web portal, SMS, email, mobile application, or other interfaces, are called the "Services" in these Terms.
All plans are subject to, and limited by, Missd.AI's [Acceptable Use Policy](/acceptable-use).
If Missd.AI places outbound calls at your direction — for example, appointment confirmations or callbacks — you must comply with and are responsible for complying with all applicable laws, rules, and regulations, including without limitation the Telephone Consumer Protection Act (47 U.S.C. § 227), the Telemarketing Sales Rule (16 C.F.R. 310 et. seq.), and all other marketing, telemarketing, and telecommunication rules issued by the Federal Communications Commission and/or the Federal Trade Commission. Such calls must comply with Missd.AI's [Acceptable Use Policy](/acceptable-use) and must not be used for spam, fraud, or third-party sales. Subscriber must immediately notify Missd.AI of any violation of these rules. Missd.AI is not responsible for the content of any outbound call, and Subscriber agrees to indemnify, defend and hold harmless Missd.AI against any third-party claim, demand, lawsuit, regulatory action, or other liability brought against Missd.AI arising from or relating to Subscriber's outbound calling.
Missd.AI reserves the right to block, restrict or terminate services at any time, with or without notice.
AI Disclosure
Calls to the Services are answered by an artificial-intelligence receptionist. The AI receptionist identifies itself as an AI assistant to every caller in its opening of the call. This disclosure is a fixed behavior of the Platform and cannot be disabled, removed, or altered by Subscriber.
Call Recording and Transcription
Calls handled by the Services may be recorded and transcribed in order to deliver the Services, including relaying messages, producing transcripts, and maintaining the quality and safety of the Platform. By using the Services, Subscriber consents to that recording and transcription.
Subscriber is responsible for providing any notice to, and obtaining any consent from, its own callers that is required by the call-recording and wiretapping laws applicable in Subscriber's jurisdiction and in the jurisdictions from which its callers may call. Recordings and transcripts are Subscriber Information and are handled under the confidentiality provisions of these Terms.
Integrations
At Subscriber's request, Missd.AI may connect to computer systems and/or online services provided by another vendor (either and collectively, your "Systems") — for example scheduling, booking, or customer-relationship systems — to complete intake forms, book appointments for your business, or provide other information or complete other tasks at your direction and with your consent (collectively, "Integrations"). If you ask us to perform Integrations, we will do so subject to the following:
- You must provide us with a unique username and password, or an authorized connection established through the third party's own authorization process (each and together, "User Credentials"), that the Platform can use to access and update the Systems you direct us to use. User Credentials are stored encrypted.
- You agree that (i) you consent to Missd.AI using the User Credentials to access your Systems to perform Integrations; (ii) you are able to set access permission levels for your System; (iii) you have granted us the permissions necessary to perform the Integrations we agree to perform; and (iv) you have limited our access only to the Systems and the functions of the Systems that you want us to be able to access and use.
- If you provide us with User Credentials to access a System provided for you by a third party (i.e., a web or cloud-based service), you represent and warrant that you are entitled and authorized to provide us with that access under the terms of your agreement with the third-party service provider.
- If the User Credentials and/or access permissions you give us do not allow us to access your Systems or perform any of the Integrations you request, you agree that we have no obligation to do those things.
- The Platform acts on your Systems only as configured by you.
You hereby release Missd.AI and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees from all liability and all claims, demands, liability, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with our possession of User Credentials, accessing your Systems, and/or performing Integrations. You further agree to indemnify, defend and hold harmless Missd.AI against any third-party claim, demand, lawsuit, regulatory action, or other liability brought against it arising from or relating to our use of either or both (i) the Systems you have asked us to access to provide Integrations, or (ii) the User Credentials you provide.
In connection with the releases above, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Service Plans and Payment
Service Plans
Missd.AI offers Service Plans and rates on a month-to-month subscription basis, the details of which can be found on Missd.AI's website or dashboard. We are not liable or responsible for the content of third-party websites, webpages, or resources, including erroneous or out-of-date pricing.
Each Service Plan includes an allowance of minutes. Usage of the Services is measured in minutes of call time.
For purposes of the Service Plans:
- "Live Transfer Phone Number" means the phone number(s) that we will transfer callers to, per your instruction, if they meet your specified criteria.
- "Subscriber Identifier" means the telephone number assigned to you by Missd.AI.
- "Per month" refers to the monthly billing cycle beginning on your Subscription Date.
You may change your Service Plan from your dashboard. A mid-cycle change may result in an immediate charge or a credit calculated by our payment processor, which is shown to you before the change is confirmed.
Subscriptions
Your Service Plan begins on the date of your first payment for your selected Service Plan ("Subscription Date"). By subscribing to the Services, you agree to pay all fees for your selected Service Plan, plus any overage charges incurred. All payments are non-refundable.
The monthly rate is charged on the Subscription Date and will be automatically charged each month on the anniversary date of your Subscription Date using the payment method provided at the time of subscription until you terminate your subscription. In other words, if you sign up on April 10, you will be automatically charged the monthly rate for your chosen Service Plan on the 10th day of each month thereafter until your subscription is canceled.
Overage
If you use more minutes than your Service Plan includes, you will be charged overage at the rate described on Missd.AI's website or dashboard. You authorize Missd.AI to charge the payment method on file automatically as overage accrues, in incremental amounts, during your billing cycle, rather than only at the end of it. Each such charge is made when accrued overage reaches the applicable increment. If your Service Plan is terminated, any remaining overage is required to be paid within ten (10) days of the termination date.
On a Pay-As-You-Go plan, the base fee is charged at checkout and all usage is billed through the same incremental mechanism described above.
Missd.AI reserves the right to terminate your subscription immediately and stop providing the Services to you at any time if timely payment is not made. If an automatic payment cannot be made, Missd.AI will request another payment method. If payment is not made within five (5) business days, we will stop providing all Services to you, but, as a convenience to you, we may redirect your calls to your Live Transfer Phone Number. If payment is not made within ten (10) business days, Missd.AI will terminate your account. Missd.AI reserves the right to collect any and all amounts then due, plus any Late Charges accrued as described below.
Billing Disputes and Chargebacks
Subscriber acknowledges that all charges under these Terms — subscription fees, overage charges billed in automatic increments as described above, and any other fees — are authorized recurring charges to the payment method on file, and that this authorization, together with Subscriber's acceptance of these Terms, constitutes valid authorization for card-network purposes.
Before initiating any chargeback, dispute, or reversal with a card issuer or bank, Subscriber agrees to contact Missd.AI at support@missd.ai and to allow ten (10) business days for resolution. Missd.AI will investigate in good faith and will correct any billing error.
Initiating a chargeback of a validly authorized charge without first completing that process, or a chargeback of charges for Services actually delivered, is a material breach of these Terms. Subscriber acknowledges that such a chargeback causes Missd.AI harm beyond the amount of the charge itself — including dispute fees, effects on payment-processing standing, and administrative burden — and that such harm may be irreparable.
Upon such a chargeback, Missd.AI may immediately suspend or terminate the Services. Subscriber agrees to reimburse Missd.AI for the disputed amount if the charge was valid, for all dispute and processing fees imposed on Missd.AI, and for reasonable costs of collection. Those amounts are recoverable as amounts due under the Late Charges provision below.
Subscriber agrees that these Terms, the record of Subscriber's acceptance of them, the availability of cancellation, and service-delivery records — including call logs, transcripts, and dashboard activity — may be presented as evidence in any dispute proceeding.
Taxes and Other Charges
Missd.AI fees do not include any applicable use tax, sales tax, value added tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Missd.AI and Subscriber (each a "Tax"); all of which shall be paid by Subscriber in addition to the price quoted or invoiced. Any Tax that Missd.AI may be required to collect or pay upon the sale or delivery of Services or any other product or service shall be paid by Subscriber to Missd.AI unless Subscriber has provided Missd.AI, at the time of the first payment for such products or services, an exemption certificate or other document valid in the jurisdiction imposing the Tax.
Late Charges
Any payments not received within ten (10) days of when due as described in these Terms are subject to a monthly "Late Charge" of $10 or 10% of the amount then due (whichever is greater), subject to any restrictions imposed by local law. In the event Missd.AI does not receive full payment within ten (10) days after the applicable due date, the Subscriber will be considered in material default of this Agreement ("Material Default"). After such Material Default, Missd.AI shall maintain the right to collect any and all amounts then due, the Subscriber shall pay all legal fees and collection costs incurred by Missd.AI, and the Subscriber shall pay all late fees that may accrue thereafter.
Discounts, Offers, and Credits
From time to time, Subscriber may be presented with discounts, offers, credits, and other promotions (collectively, "Discounts") that reduce the cost of Services. A Discount can be used only once per Subscriber. Unless explicitly stated otherwise in the terms of the Discount (e.g., a seasonal promotion), Discounts are for new (first-time) Subscribers only and may not be combined. In the event of multiple applicable Discounts, the Subscriber may choose which one to apply. Discounts may have expiration dates and are no longer valid past the date of expiration.
In addition, Discounts may be offered in conjunction with affiliates and other entities (collectively, "Distributors"). Missd.AI reserves the right to revoke a Discount at any time for improper usage, including but not limited to: (i) applying a Discount for or from a Distributor when the Subscriber is not associated with, or a customer of, that Distributor; (ii) applying a Discount intended for another Subscriber, or (iii) distributing to others a Discount intended for single use.
Information We Collect and Our Commitment to Confidentiality
Information Collected by Missd.AI
When you subscribe to the Services, you configure how the AI receptionist should handle the calls your business receives — what types of calls you generally receive and how you would like each call handled. For each type of call, such as a potential client or a solicitation, you decide what information is collected from the caller, if any, and how that information is conveyed to you.
Confidentiality of Information Collected for You
All information collected by Missd.AI while providing the Services to you, including information received during calls, or provided for your subscription ("Subscriber Information"), is kept strictly confidential and is only accessible to those personnel and service providers who need it to provide the Services to you and to your authorized staff.
Using, Storing, and Removing Your Subscriber Information
All Subscriber Information is jointly owned by Missd.AI and you. Missd.AI retains this joint ownership solely so that it has the right to store the information collected on its secure servers and use it to provide the Services to you, such as relaying messages to you by email, identifying spam callers and solicitations, and improving our Services. Missd.AI will use Subscriber Information for the sole purpose of providing the Services pursuant to the instructions that you provide, and under no circumstances will Missd.AI sell Subscriber Information or share it in any manner not specified in these Terms.
If we are required to share Subscriber Information by law, we will notify you promptly upon receiving such a request. We will work with you to keep the Subscriber Information confidential if possible, but we will honor any applicable legal obligations regarding sharing the Subscriber Information.
Missd.AI stores your Subscriber Information under per-tenant isolation, so that each Subscriber can access only the information in its own Missd.AI account.
We will acknowledge your written request to delete Subscriber Information within three (3) business days, and will complete the deletion within thirty (30) days. Deleting Subscriber Information may require deletion of your Missd.AI account. After confirming that you understand that deletion of your Missd.AI account will be permanent, we will delete the requested information and rescind all ownership rights to the Subscriber Information that was deleted.
Additional Measures to Keep Your Subscriber Information Confidential
In addition to not sharing, selling, or using Subscriber Information in any manner not described in these Terms and expressly agreed by you, we adhere to the following confidentiality protections:
- Access to Subscriber Information is restricted by access controls to those who require it to operate and support the Platform.
- Subscriber Information is encrypted in transit and encrypted at rest.
- Subscriber Information is held under per-tenant isolation, so one Subscriber's information is not accessible from another Subscriber's account.
- Service providers and subprocessors who support the Platform are vetted and are bound by written agreements requiring them to protect Subscriber Information.
- We perform regular malware scanning of the Platform and the systems used to support it.
- The AI receptionist collects from callers only the information you have configured it to collect.
- For our attorney clients, we understand and respect your obligations regarding client confidentiality, including under Rule 5.3 of the Model Rules of Professional Conduct, and we acknowledge those obligations in how the Services are operated. Whether use of the Services is consistent with your particular professional-responsibility obligations is a determination for your firm to make; nothing in these Terms is a representation that communications handled by the Services are privileged or confidential in the professional sense.
Missd.AI shall report to Subscriber, with all relevant details, any event that Missd.AI reasonably believes represents unauthorized access to, disclosure of, use of, or damage to Content (a "Security Breach"). Missd.AI shall make such report within 48 hours after learning of the Security Breach.
In the event of a Security Breach, Missd.AI shall (a) cooperate with Subscriber to identify the cause of the breach and to identify any affected Content; (b) assist and cooperate with Subscriber in investigating and preventing the recurrence of the Security Breach; (c) assist and cooperate with Subscriber in any litigation or investigation against third parties that Subscriber undertakes to protect the security and integrity of Content; and (d) mitigate any harmful effect of the Security Breach.
Confidentiality is a Two-Way Street
While we employ the practices described in these Terms to provide the Services, we also follow your instructions regarding how we can best provide the Services to you. Therefore, please ensure that any instructions provided to Missd.AI regarding your account comply with your obligations and confidentiality expectations. We are not responsible for breaches of confidentiality that may occur when we are following your instructions, such as transmitting information to an unsecure server specified by you or the acts or omissions of your authorized staff members. Our goal is to be a valued member of your business, so we may contact you if we believe that a process could be improved, but our role in your business is limited to the Services that you order.
In its provision of the Services, Missd.AI will record and transcribe calls that you receive, as described under Call Recording and Transcription above. However, Missd.AI does not monitor or censor such messages for content and is not responsible, or have any liability whatsoever, for the content of Subscriber Information or messages that are received by, on the behalf of, or intended for the Subscriber.
Jurisdiction-Specific Terms
EU/EEA and Switzerland Data Processing
To the extent that Missd.AI processes any Personal Data as part of Subscriber Information that is subject to the General Data Protection Regulation (the "GDPR"), on Subscriber's behalf, in the provision of the services hereunder, the terms of the Missd.AI Data Processing Agreement, which are hereby incorporated by reference and a copy of which can be obtained by emailing support@missd.ai, shall apply. For subscribers that are located in the European Union, the European Economic Area, or Switzerland, the Standard Contractual Clauses adopted by the European Commission, or other legally recognized transfer mechanisms identified in Missd.AI's Data Processing Agreement or Privacy Policy, may apply where required. You acknowledge in all cases that Missd.AI acts as the data processor of Subscriber Information and you are the data controller of Subscriber Information under applicable data protection regulations in the European Union and European Economic Area. Subscriber will obtain and maintain any required consents necessary to permit the processing of Subscriber Information under this Agreement. If you are subject to the GDPR you understand that if you give an integration provider access to your Missd.AI account, you serve as the data controller of such information and the integration provider serves as the data processor for the purposes of those data laws and regulations that apply to you. In no case are such integration providers our sub-processors. Missd.AI does not represent in these Terms that it is certified under any specific data privacy framework unless that certification is expressly stated in Missd.AI's then-current [Privacy Policy](/privacy) or Data Processing Agreement.
Cancellation or Termination of the Services
By Subscriber
Subscriber may cancel the Services at any time by notifying Missd.AI at support@missd.ai. The Services will continue until the end of the current paid period, and the subscription will not renew after that. Missd.AI does not provide a refund or proration for cancellation at any point in a billing period.
By Missd.AI
Missd.AI may cancel the Services in the following circumstances:
- If Missd.AI has any reason whatsoever to believe that the Services are being used to contravene any law, the Services shall be immediately cancelled. Any such cancellation shall be at the sole discretion of Missd.AI and without refund or liability to Subscriber.
- If Subscriber does not pay for the Services by the required due date, Missd.AI may cancel or suspend the Services immediately.
- If Subscriber violates these Terms in any manner, Missd.AI may cancel or suspend the Services and will provide notice to Subscriber of the violation.
- Missd.AI reserves the right to cancel the Services for any or no reason.
After Termination or Cancellation
In the event that the Services are canceled or otherwise terminated, the Subscriber Identifier assigned to Subscriber may be released. Missd.AI will reasonably cooperate with lawful number-porting requests submitted before or at the time of cancellation.
Upon cancellation or termination of the Services, Missd.AI shall not be responsible or liable for the receipt or delivery of any messages intended for Subscriber through the Services or Subscriber Identifier.
Restrictions on the Services
Subscriber is prohibited from any of the following when using the Platform or subscribing to the Services:
- Transmitting or causing to transmit any material that is derogatory, racist, abusive, threatening, obscene, hateful, or in any other way objectionable to others or illegal;
- Using the Services to "spam" or cause mischief to others;
- Using the Services in any way that causes, or may cause, damage to or impairment of the availability or accessibility of the Services, or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
- Reproducing, distributing, modifying, creating derivative works of, republishing, downloading, storing, or transmitting any of the material on the Platform, except as it is created and owned by Subscriber;
- Using any device, software, or routine that interferes with the proper working of the Platform or Services;
- Attempting to aggregate, solicit, or otherwise recruit Missd.AI employees or contractors away from Missd.AI;
- Introducing any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; or
- Otherwise attempt to interfere with the proper working of the Platform or Services.
Intellectual Property
Missd.AI represents and warrants that it has the right to use, and is the sole owner of all right, title, and interest in and to, all intellectual property rights relating to: i) the voice-over IP and website technology platform underlying the Services (the "Application"), and ii) the Services, including all copyrights and all trademarks, service marks, and trade names associated with Missd.AI and the Services. Missd.AI represents and warrants that it has a license or rights to use any third party components embedded in the Application. Missd.AI does not grant you any intellectual property rights in the Application or Services, and all rights not expressly granted in these Terms are reserved by Missd.AI.
Users Outside the United States
The Platform and Services are controlled and operated from Townsend, GA, McIntosh County, United States, and are subject to applicable United States and Georgia laws. If you choose to access the Platform or Services outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
Indemnification
You agree to indemnify Missd.AI and its directors, officers, employees, agents, successors, assigns, and affiliates from and against all third party claims, judgments, costs, liabilities, damages or expenses, including reasonable attorneys' fees and costs, arising out of, resulting in any way from, or made by: i) a breach of any provision, representation, or warranty set forth in these Terms; ii) callers using Subscriber's Subscriber Identifier as a result of actions of or failure to act by Subscriber; and iii) any content provided by Subscriber for its Online Profile or the Services.
Missd.AI will indemnify Subscriber and its directors, officers, employees, agents, successors, assigns, and affiliates from and against all third party claims, judgments, costs, liabilities, damages, or expenses, including reasonable attorneys' fees and costs, arising out of or resulting in any way from i) Missd.AI's breach of any provision, representation, or warranty set forth in these Terms; ii) claims made by callers due to the gross negligence or intentional misconduct of Missd.AI; or iii) any claim asserted by a third-party that the Services or Application infringes any of such third party's patents or other intellectual property rights. The foregoing obligations in subparagraph (iii) do not apply with respect to content provided by Subscriber for its Online Profile.
Exclusion of Liability
Subscriber agrees and acknowledges that Missd.AI shall not be liable for any claims of any kind or nature whatsoever (including claims for negligence) that might arise directly or indirectly out of any act or omission, use, or misuse of any Services by Subscriber or for any delays, mistakes, or errors in conveying Subscriber Information to Subscriber by Missd.AI. To the extent this provision fails to fully and completely exclude any claim and/or to the extent any third party might make any claim against Missd.AI in any way related to Subscriber's use or misuse of Services or anything done or any delays, mistakes, or errors in conveying Subscriber Information to Subscriber by Missd.AI, then Subscriber indemnifies Missd.AI against any and all liabilities losses expenses and costs that might be suffered or incurred by Missd.AI as a direct or indirect consequence of any such claims being made.
Disclaimer of Warranties
THE APPLICATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ACCURACY OF CONTENT. MISSD.AI MAKES NO WARRANTY OR REPRESENTATION THAT SUBSCRIBER'S USE OF THE APPLICATION OR SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, NEITHER MISSD.AI NOR ANYONE ASSOCIATED WITH MISSD.AI REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT OR THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL MISSD.AI BE LIABLE TO SUBSCRIBER OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM OR LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, RESULTING FROM THE SERVICES, ANY USE OF THE APPLICATION, OR ANYTHING PERTAINING TO THE TERMS, INCLUDING WITHOUT LIMITATION ANY LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SUCH PARTY HAS EXPRESSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF SUBSCRIBER'S CLAIMS AGAINST MISSD.AI UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ARISING OUT OF OR RELATED TO SERVICES OR APPLICATION EXCEED THE AMOUNTS ACTUALLY PAID BY SUBSCRIBER TO MISSD.AI DURING THE 24 MONTHS PRIOR TO THE DATE A CLAIM IS MADE.
Assignment
Missd.AI may assign, transfer, or sub-contract Missd.AI's rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not assign, transfer, or sub-contract your rights and/or obligations under these Terms without Missd.AI's prior written consent.
Governing Law
These Terms and Conditions and the [Privacy Policy](/privacy) and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with Georgia law without giving effect to any choice or conflict of law provisions or rules. Each of the parties hereto consents to exclusive jurisdiction and venue in the courts located in or serving Townsend, GA, McIntosh County.
Arbitration
At Missd.AI's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use, the Platform, or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Georgia law.
Waiver and Severability
No waiver by Missd.AI of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Missd.AI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
Our Terms of Use, [Privacy Policy](/privacy), and [Cookie Policy](/cookies) constitute the sole and entire agreement between you and Valoria Ventures, LLC dba Missd.AI with respect to the Platform and Missd.AI's Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform and/or the Services.
Your Comments & Concerns
All feedback, comments, requests for technical support, and other communications relating to the Platform or Services should be directed to: support@missd.ai.
