Terms of Use

1About these terms

In these terms, "we", "us" and "our" refer to Miku. "You" and "your" refer to you as a user of the app.

These Terms of Use ("Terms") are an electronic record under the Information Technology Act, 2000 and the rules made under it, together with the amended provisions relating to electronic records in various statutes as amended by that Act. They do not require any physical, electronic or digital signature.

They apply to your access to and use of the app and every service we make available through it, including SMS, email notifications, APIs and any content available through them (collectively, the "Services").

By accessing, downloading or using the Services in any manner, you agree to be bound by these Terms. If you do not agree with them, please do not use the Services.

Our Privacy Policy, Community Guidelines, Content Moderation Policy and Charges and Refund policy form part of this agreement and are incorporated here by reference. Where these Terms conflict with any other document or electronic record, these Terms prevail, unless and until we notify a change. Where these Terms and the Privacy Policy differ on a question about personal data, the Privacy Policy applies.

You may also be subject to additional terms applicable to particular features of the Services.

Capitalised terms not defined here carry the meaning given in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. In relation to privacy, terms including Personal Data carry the meaning given in the Digital Personal Data Protection Act, 2023.

Access to the Services from any jurisdiction where their content or practices are illegal, unauthorised or penalised is prohibited.

2Grievance Officer

In compliance with Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the details of the Grievance Redressal Officer for the app are set out below.

Full details of how to raise and escalate a grievance are in section 24.

3Our services

Miku is a place to talk, be heard and find company in a safe online environment.

Whom you would talk to

People who make themselves available to speak with other users, drawing on their own life experience.

• They are not doctors, psychiatrists, psychologists, licensed therapists or counsellors and do not hold themselves out as any of these.
• They do not provide medical or psychological advice, diagnosis, treatment or therapy.
• No prescription of any kind is issued through the app and we do not facilitate prescription-related services.
• They are independent contractors. They are not our employees, agents or representatives and we do not supervise or control what they say.
• They may charge a fee for their time at a rate they determine. We collect payment on their behalf and pay it to them after deducting our service fee.

What the Services currently include

• Creating and maintaining your profile after registration
• Viewing the profiles
• Live sessions
• Rating and giving feedback on a session

These Services may evolve and adjacent features may be added.

4Not for emergencies

Miku does not handle medical or psychological emergencies. It is not designed to provide support in a crisis, including where someone is experiencing thoughts of self-harm or suicide or is showing symptoms of a severe clinical or psychotic condition. In those situations, in-person medical care is the appropriate form of help.

If you are experiencing any of these difficulties or if you believe you may be a danger to yourself or to anyone else, please go to the nearest hospital or emergency department, where you can see a psychiatrist, counsellor or therapist in person. We also encourage you to involve a family member or friend who can support you.

Nothing said in a session is medical advice and nothing on this platform should be relied on in place of professional care.

5Feature availability

These Terms are published in full for transparency. Some features may be introduced on a phased or limited basis and may not be available to every User at all times. The provisions relating to a feature apply only to Users who have access to it.

We may modify, disable or remove features, temporarily or permanently, at our discretion.

6Age and eligibility

The Services are intended solely for people aged 18 or over who meet the criteria in these Terms. Before using the Services you must complete registration as prescribed in the app from time to time.

You represent and warrant that you:

• Are of legal age to form a binding contract and at least 18 years old
• Have not previously been suspended or removed from our Services
• Have full power and authority to agree to these Terms
• Are not prohibited from using the Services under the law applicable to you

Age gating

People under the age of 18 may not use the app. We ask for your date of birth before you sign in and will not create an account where the date entered shows you are under 18.

In accordance with law we may make enquiries, directly or through third parties, to verify the information you give about your age. If we cannot verify it we may refuse to open an account, close an existing account, terminate the Services or any part of them and forfeit any amount held.

You agree to keep the information on your account accurate, complete and current. We may contact you on the number you registered. We are not liable for any loss caused by your missing a communication because your contact details were inaccurate or out of date.

7Accounts and identification

Your account

• The information you submit must be correct and complete. We may refuse access if we learn it is not.
• Accounts are personal and non-transferable. You may use the Services only for yourself and not on behalf of or for the account of anyone else.
• You may not create more than one account or create an account on behalf of another person or allow anyone else to use yours.
• Accounts and handles remain the property of the Company and are licensed to you under these Terms. They may not be bought, sold, exchanged or otherwise dealt with commercially, for value or otherwise.

Identity verification

We may, at our discretion and subject to applicable law, require identity verification or other screening in relation to you or to transactions on your account. This may include checking the information you have given us and asking for your name, telephone number, a valid identity document or other information.

You authorise us, directly or through a third party, to make the enquiries we consider necessary to verify your identity or to protect against fraud, illegal or suspicious activity and to take the action we reasonably consider necessary based on the results. We may suspend, restrict or terminate your access if you provide false, inaccurate or misleading information about your identity, age or eligibility.

Responsibility for your account

You are responsible for safeguarding your account and must not disclose your credentials or one-time passwords to anyone. You are responsible for all activity under your account and you authorise us to accept and rely on any instruction, authorisation or action taken by anyone who accesses it, whether or not that access was authorised.

If you tell us in writing that your account security has been compromised, we will take reasonable steps to protect it, including preventing further actions initiated with compromised credentials where those actions are not already complete. We are not liable for any loss arising from unauthorised use of your account.

Please keep your mobile phone secure. If you believe someone has gained access to your account, contact our Grievance Officer immediately.

Even where you use a pseudonym, we may be required by law to provide data in our possession to law enforcement authorities in response to a lawful request.

8Community Guidelines

All conduct on the app must comply with our Community Guidelines, which form part of these Terms. The Guidelines set out what is and is not permitted and the action we take when they are broken.

Any violation may result in removal of content, a warning, suspension, restriction or permanent termination of your account. If you wish to appeal an action taken against you, see section 24.

9Content restrictions

Any content on the app must comply with the Intermediary Guidelines 2021. You must not host, display, upload, modify, publish, transmit, store, update or share any information that:

• May be harmful to minors or children, including sexually explicit or abusive content. We have a zero-tolerance policy against child sexual abuse material.
• Is sexually explicit, including pornographic or erotic content, icons, titles or descriptions; or is violent, abusive or grossly harmful
• Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates information that is patently false or misleading or that in respect of any business of the Central Government is identified as fake, false or misleading by the fact check unit notified by the Ministry in the Official Gazette
• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order; causes incitement to a cognizable offence; prevents the investigation of an offence; or insults another nation
• Is in the nature of an online game that is not verified as a permissible online game
• Is an advertisement, surrogate advertisement or promotion of an online game that is not a permissible online game or of an online gaming intermediary offering such a game
• Is invasive of another's privacy; is hateful or racially or ethnically objectionable; is disparaging; relates to or encourages money laundering or gambling; or is otherwise unlawful
• Infringes any third party's rights, including copyright, trademark, privacy and publicity rights and any other protected subject matter
• Capitalises on or lacks reasonable sensitivity towards, a natural disaster, atrocity, conflict, death or other tragic event
• Threatens, harasses or bullies another User or a third party, including depictions of violence to any person, place or property or incitement to violence including suicide
• Is in violation of applicable law

All content is the sole responsibility of the person who originates it. Your use of or reliance on any content is at your own risk. You may encounter content you find offensive, harmful, misleading, inaccurate or inappropriate. We do not endorse, support, represent or authorise the circulation of content on the app and we do not attest to its accuracy, originality, reliability, legitimacy or completeness.

We may remove content that violates established legal principles, applicable law or these Terms and we abide by binding directions of legal authorities. If you believe content of yours has been removed in error, you may approach the Grievance Officer.

10Prohibitions on access

Your access to and use of the Services is subject to these Terms and to all applicable law. In addition, you must not:

• Access or use the Services if you are not fully able and legally competent to agree to these Terms or are a minor
• Modify, adapt, translate, reverse engineer, disassemble, decompile or create derivative works based on the Services or determine or attempt to determine any source code, algorithm, method or technique embodied in the app
• Distribute, licence, transfer or sell any part of the Services or any derivative work, including data obtained from the app
• Market, rent or lease the Services or use the app to advertise or carry out commercial solicitation
• Interfere with the proper working of the Services, disrupt any connected network or bypass any measure we use to restrict access
• Incorporate the app or any part of it into another program or product
• Use automated scripts to collect information from or interact with the Services
• Use any robot, spider, crawler, scraper or other automated means not provided by us to access the Services or extract data
• Impersonate any person or entity, misrepresent your affiliation with anyone or create a false identity
• Use or attempt to use another person's account without our authorisation
• Intimidate or harass anyone or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Use the Services in a manner that creates a conflict of interest or undermines their purpose
• Use the Services in any way that interferes with, disrupts or inhibits other Users or that damages, disables, overburdens or impairs the Services
• Encourage or induce anyone else to do any of the above

You must not use the Services to upload, transmit, distribute, store or make available:

• Files containing viruses, trojans, worms, logic bombs or other malicious or technologically harmful material
• Unsolicited or unauthorised advertising, promotional material, junk mail, spam, chain letters or pyramid schemes
• Private information of any third party, including addresses, phone numbers, email addresses, identity document details such as Aadhaar, licence, passport or bank account numbers or card numbers
• Content infringing any copyright, trademark, other intellectual property right or privacy right
• Content that is defamatory, obscene, offensive, hateful or inflammatory
• Content that constitutes, encourages or instructs in a criminal offence, a dangerous activity or self-harm
• Content designed to provoke or antagonise, including trolling or intended to harass, scare, distress, embarrass or upset
• Content containing a threat of any kind, including a threat of physical violence
• Content that is racist or discriminatory, including on the basis of race, religion, age, gender, disability or sexuality
• Answers, responses, opinions, analysis or recommendations that you are not licensed or otherwise qualified to give
• Content that, in our sole judgement, is objectionable, restricts or inhibits anyone else from using the Services or may expose us, the Services or their users to harm or liability of any kind

11Payments

How charging works

Sessions are charged by the minute at the rate shown on the profile before the call connects. You are charged only for connected minutes. The applicable rate and any taxes are displayed at the point of purchase.

Where the app requires payment, you may be asked to provide details of a payment instrument. You represent that the information you give is true and that you are authorised to use that instrument. Payments are processed by third-party payment providers and are subject to their terms, fees and any currency conversion charges. We are not responsible for delay, failure or error caused by those providers.

You must keep your payment information current. You are responsible for all taxes associated with the Services.

Balance

Where you add a balance to your account in advance, that balance is limited, is not legal tender and has no value outside the app.

• It cannot be exchanged for cash, credit or any item of value and cannot be traded on or off the app
• It is non-transferable and cannot be assigned, sold or disposed of, including on death or by operation of law
• If your account is suspended or terminated for breach of these Terms or of applicable law any balance is forfeited without refund

No payment between Users

Making any direct payment is strictly prohibited and we accept no responsibility for it. If found to have paid or received payment outside the app, that account will be blocked and any balance forfeited, with no compensation or refund.

Prices and refunds

We may change our prices or the rules for using a balance at any time. Continuing to use the Services after a change takes effect is your agreement to it.

Payments made for a session or a paid feature are final and non-refundable to the maximum extent permitted by law. Our refund and cancellation terms are set out in the Charges and Refund policy.

We may revoke your ability to make purchases, cancel a transaction, delay or block a payment or restrict payment methods where we consider it necessary to prevent fraud, comply with law or address suspicious or unauthorised activity. We may report suspected fraudulent or unlawful conduct to the relevant authorities.

12Intermediary status

We operate solely as an intermediary under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Our role is limited to enabling access to the platform and maintaining its functionality.

• We facilitate connections between people. We do not originate what is said in a session.
• We provide no medical, psychological, therapeutic or other professional service.

We nonetheless reserve the right to remove or restrict content, suspend or terminate accounts and take other action in accordance with these Terms, our Community Guidelines and applicable law.

We may disclose user information to law enforcement or other authorities where required by law or where reasonably necessary to respond to a valid legal request, protect the rights, property or safety of the Company, its Users or the public or prevent fraud, misuse or a security breach.

Resolution of grievances, disputes or claims concerning the violation of legal, personal, public or community rights lies with the legal and judicial authorities identified in the Intermediary Guidelines 2021. We do not adjudicate personal grievances. Grievances are handled within the process and timelines prescribed under those Guidelines.

13Support and reporting

We provide in-app support and email support. You can reach support at info@mikuapp.live.

You can report from the menu during a session or from your session history. Reports are acknowledged and our safety team responds within 24 hours. You may also report content by writing to our Grievance Officer.

You can block anyone at any time, whether or not you report them.

14Suspension and termination

We may, at our sole discretion and without liability to you, with or without prior notice and at any time, modify, temporarily suspend or permanently terminate your access to all or part of the Services, suspend your account or edit your account details.

We may take this action where we reasonably believe you have:

• Violated these Terms, our Community Guidelines or any applicable law
• Engaged in fraud, misuse or suspicious or harmful activity
• Provided false, misleading or incomplete information
• Interfered with or disrupted the app or other Users' experience
• Engaged in conduct that may cause harm to the Company, its Users or the public
• Created risk or legal exposure for us or infringed another person's intellectual property rights

Where possible we will notify you before acting. We may act without notice where there is a legal obligation, a serious violation or a risk to the safety of other Users or of the app.

We may also change or discontinue the Services or remove or block content, at any time.

No liability. We are not liable for any loss you suffer as a result of a modification of the Services or a suspension or termination of your access.

Effect of termination. We may delete or deactivate your account and the information and files in it without liability to you. We will retain and use information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements, as described in our Privacy Policy.

15Deleting your account

You may delete your account at any time, from inside the app, under Profile → Settings → Delete Account. You do not need to write to us or give a reason and there is no notice period.

Once your account is deleted, your access to the Services is permanently disabled. Some information is retained for a limited period as described in our Privacy Policy, where the law requires it or where it is needed to resolve disputes, enforce our rights or prevent misuse.

16Breach of these terms

Without prejudice to our other rights, if you breach these Terms or if we reasonably suspect that you have, we may:

• Send you one or more formal warnings, where the breach can be remedied
• Temporarily suspend your access and your account
• Permanently prohibit you from accessing the app and the Services
• Block computers using your IP address or ask your internet service providers to block your access
• Forfeit any amount or currency of any kind held in your wallet or otherwise with us, without compensation or refund
• Commence legal action against you, for breach of contract or otherwise

17Proprietary rights

The Services and all technology, content and other material used, displayed or provided in connection with them, including everything on the app (the "Company Materials"), together with all intellectual property rights in them, are owned by us, our licensors or third parties with whom we have arrangements. The Company Materials are protected by copyright, patent, trademark and other applicable law. You agree to protect these rights during and after the term of these Terms and to comply with written requests we make to protect our and others' contractual, statutory and common law rights.

You may use the Company Materials only as we authorise, in connection with your use of the Services, for as long as we permit you to access them. Our name, product and service names, logos and other marks are trademarks owned by us or our licensors and may not be copied, imitated or used without our prior written consent.

Except for the licence described above, you have no rights in the Services or their content and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, licence, sell, rent, lease, loan, create derivative works from, index, reverse engineer, alter, enhance, provide access to or otherwise exploit the Services or their content in any manner.

Where third-party content or tools appear on the app, the rights in that material remain with their owners and you may need their permission to use it outside the app.

18Your warranties to us

You represent, warrant and acknowledge that:

• You are authorised to access and use the app under these Terms and the jurisdiction in which you reside permits you to use the Services
• If you use the app on behalf of or for the benefit of an organisation, you have the right to do so and you and that organisation are jointly and severally liable for your actions, including any breach of these Terms
• Your use of the Services is at your own risk and we are not liable for any damage or harm arising from it
• The information you provide to us is true, accurate and current

19Disclaimer of warranties

The app and its content are provided on an "as is" and "as available" basis. We make no warranty of any kind, express, implied or statutory, including any warranty of accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, durability or non-infringement.

Please do not make any payment, share any information or content or act in any manner that may place you in a compromising position. We are not responsible in any manner for any resulting loss.

We may, at any time and without prior notice, modify, suspend or discontinue the Services or any part of them for any period.

20Indemnification

You will defend, indemnify and hold harmless the Company, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (the "Indemnified Parties") from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including reasonable legal fees, arising out of or relating to:

• Your use of or conduct in connection with, the Services
• Your breach of these Terms
• Your violation of any applicable law or of the rights of any other person or entity, including intellectual property, privacy and consumer protection rights
• Your negligence or wilful misconduct

Where you are obliged to indemnify an Indemnified Party, we have the right at our discretion to control any action or proceeding and to determine whether to settle and on what terms. You agree to cooperate with us, at our request, in defending or settling any such claim.

This obligation continues after these Terms end.

21Governing law

These Terms are governed by the laws of India.

22Changes to these terms

We may revise these Terms and update the app and the Services from time to time. Where a change is material or affects your rights or obligations, we will take reasonable steps to notify you before it takes effect.

Please check this page from time to time so that you know what the current version says. Your continued use of the Services after a change takes effect is your acceptance of the revised Terms.

23Other terms

Remedies. If you violate these Terms, we may, as we reasonably consider necessary to remedy or mitigate the violation, delete all or part of the information you have transmitted or suspend or cancel your account. We are not responsible or liable for any damage you incur as a result. Any right or remedy set out here is in addition to and not in place of, any other right or remedy under these Terms, under statute, at law or in equity.

Non-waiver. Our failure or delay in exercising any right, power or privilege under these Terms does not operate as a waiver of it.

Severability. The invalidity or unenforceability of any of these Terms does not affect the validity or enforceability of the rest, which remain in full force.

Force majeure. We have no responsibility or liability for any failure or delay in performance or any loss or damage you incur, due to any circumstance beyond our control, including flood, extraordinary weather, earthquake or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications or power failure or equipment or software malfunction.

Competitors. No employee, independent contractor, agent or affiliate of a competing company may view, access or use any part of the Services without our express written permission. By using the Services you represent that you are not a competitor of ours or of our affiliates and are not acting on behalf of one.

Assignment. An account may not be sold or transferred. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms, without our prior written consent, including by operation of law. We may assign or transfer any or all of our rights or obligations, in whole or in part, without notice to you or your consent.

Entire agreement. These Terms contain the entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings. Where these Terms conflict with any other agreement you have with us, these Terms control, unless that other agreement specifically identifies these Terms and states that it supersedes them.

24Grievance redressal

If you have a complaint, concern or grievance about your rights under these Terms or about the Services, you can reach us through the channels below. We will need the mobile number linked to your account in order to locate your records.

In the app

Report a session from the in-call menu or from your session history.

Email support

For service-related issues such as app performance, write to info@mikuapp.live.

Appeals

If you believe we have acted wrongly on your account or your content, write to info@mikuapp.live or to our Grievance Officer. Where an automated system contributed to the decision, you may ask for it to be reviewed by a person.

Timelines

We acknowledge a grievance within 24 hours of receiving it.

If you are not satisfied with our response on a matter concerning your personal data, you may complain to the Data Protection Board of India in the manner prescribed under the Digital Personal Data Protection Act, 2023.