Terms of Service | Mira Mace

Terms of Use

These terms of use (“Terms of Use”) set forth the terms and conditions of MiraMace, Inc. (“us”, “our”, and “Mira Mace”) applicable to your (“you”, “your” and “yourself”) use of the Mira Mace website located at https://miramace.com, and any related software, applications, services and/or products (collectively the “Platform”), including without limitation your use of the Platform to obtain services as a “Client” and / or your use of the Platform to perform services as an “Advocate.”

Your use of the Platform constitutes your agreement to all of the terms and conditions in the Terms of Use, and Mira Mace encourages you to read the Terms of Use carefully. By using the Platform, you agree that you have read and understood, and as a condition to your use of the Platform, you agree to be bound by the following Terms of Use, including Mira Mace’s Privacy Policy.

IF YOU OBJECT TO ANYTHING IN THE TERMS OF USE, INCLUDING THE JURY WAIVER AND CLASS ACTION WAIVER IN SECTION 18, OR OTHERWISE DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE PLATFORM AND EXIT IMMEDIATELY, AS YOU ARE NOT AUTHORIZED TO USE THE PLATFORM.

IF YOU ARE USING THE PLATFORM ON BEHALF OF SOMEONE ELSE INCLUDING, WITHOUT LIMITATION, A MINOR CHILD, ADULT RELATIVE, FRIEND, ASSOCIATE, CLIENT, CUSTOMER OR OTHER THIRD PARTY (COLLECTIVELY, “THIRD PARTY”), YOU REPRESENT, WARRANT AND COVENANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THE TERMS OF USE ON SUCH THIRD PARTY’S BEHALF AND TO BIND SUCH THIRD PARTY TO THE TERMS OF USE.

TO THE EXTENT YOU DO NOT HAVE THE AUTHORITY TO AGREE TO THE TERMS OF USE ON SUCH THIRD PARTY’S BEHALF AND/OR TO BIND SUCH THIRD PARTY TO THE TERMS OF USE, YOU SHALL BE SOLELY AND EXCLUSIVELY LIABLE FOR SUCH THIRD PARTY’S DAMAGES, INJURIES, LOSSES AND LIABILITIES ASSOCIATED WITH YOUR USE OF THE PLATFORM ON SUCH THIRD PARTY’S BEHALF.

FURTHER, YOU AGREE TO INDEMNIFY MIRA MACE FOR ANY AND ALL THIRD PARTY DISPUTES, DEMANDS, CLAIMS, CONTROVERSIES, CAUSES OF ACTIONS, LAWSUITS AND PROCEEDINGS (COLLECTIVELY, “DISPUTES”) IN ANY WAY RELATED TO YOUR USE OF THE PLATFORM ON SUCH THIRD PARTY’S BEHALF AND/OR SUCH THIRD PARTY’S DAMAGES, INJURIES, LOSSES AND LIABILITIES ASSOCIATED WITH SERVICES PERFORMED BY ADVOCATES.

For purposes of the Terms of Use, “Mira Mace” means and includes Mira Mace and its subsidiaries and affiliates, and its and their investors, officers, directors, employees, agents, representatives and assigns. “User” means each person who accesses or uses the Platform, including Clients and Advocates.

You understand and agree that Mira Mace may revise, modify and/or supplement the Terms of Use (the “Revised Terms of Use”) at any time. Please check these Terms of Use periodically for changes. Any such Revised Terms of Use will be effective immediately after notice is sent to you via email to the email address you last provided to Mira Mace.

It is your responsibility to provide Mira Mace with your most recent email address. If you do not agree to such Revised Terms of Use, you must stop using the Platform and close your account. You can deactivate your account by emailing us at deactivate@miramace.com. By continuing to use the Platform following notice, or by failing to deactivate your account, you hereby expressly agree to be bound by such Revised Terms of Use and acknowledge that your continued use of the Platform is valid consideration for such Revised Terms of Use.

1. Privacy Policy

Refer to the Mira Mace Privacy Policy at https://miramace.com/privacy-policy for information on how Mira Mace collects, stores, uses and discloses information about you.

2. License

Subject to the terms and conditions set forth in the Terms of Use, Mira Mace grants you a nonexclusive, nontransferable, revocable license to access and use the Platform solely as intended. Rights not expressly granted to you in the Terms of Use are reserved by Mira Mace.

3. Platform Eligibility

To be eligible to use the Platform, you represent, warrant and covenant that you:

(A) Are eighteen (18) years of age or older
(B) Have full power and authority to enter into the Terms of Use
(C) Will not violate any other agreement to which you are a party
(D) Are not restricted from using the Platform
(E) Are not using the Platform in competition with or adverse to Mira Mace
(F) Will only maintain one account at any given time

4. Platform is a Venue

The Platform offers a venue where Users connect for the performance of services (each, an “Engagement”). By using the Platform, you understand and agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and Mira Mace or Mira Mace and any other User.

All information on the Platform is for informational purposes only and does not constitute medical or professional advice. Mira Mace expressly disclaims any responsibility or liability related to information or services obtained through the Platform.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE PLATFORM.

MIRA MACE HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE MIRA MACE FROM, ANY AND ALL DISPUTES ARISING FROM AND/OR IN ANY WAY RELATED TO THE INFORMATION, MATERIALS AND/OR CONTENT PROVIDED ON OR THROUGH THE PLATFORM.

5. Independent Contractors

Mira Mace does not employ Advocates. Advocates are independent contractors and not employees of Mira Mace. Mira Mace does not withhold taxes or provide employment benefits.

6. Connecting Users; No Control

The Platform uses proprietary algorithms to connect Users. Mira Mace does not control or supervise Engagements and makes no warranties regarding services performed.

7. Payment

Advocates are paid for Engagements solely through third-party payors. No out-of-pocket payments are exchanged through the Platform.

8. Account Security

You are responsible for maintaining the confidentiality of your account and all activities conducted under it.

9. Your Responsibilities

You agree to act lawfully, professionally, and responsibly when using the Platform.

10. Prohibited Uses

You may not misuse the Platform, infringe intellectual property, scrape data, impersonate others, solicit off-platform transactions, or violate applicable laws.

11. Suspension and Termination

Mira Mace may suspend or terminate your access at any time. Terms remain enforceable after termination.

12. User-Generated Content

By submitting Content, you grant Mira Mace a perpetual, irrevocable, royalty-free license to use it worldwide.

13. Third-Party Websites

Mira Mace is not responsible for third-party websites linked through the Platform.

14. Consent and Authorization for Audio and/or Video Recording of Patient Interactions

You grant consent for recording professional interactions for lawful purposes, subject to HIPAA and applicable law.

15. Intellectual Property

All Platform content is proprietary to Mira Mace unless otherwise stated.

16. DMCA Claims

DMCA notices should be sent to MiraMace, Inc. 131 Continental Dr., Suite 305 Newark, DE 19713

17. Jurisdiction; Venue

Any Dispute arising out of or in any way related to the Platform and/or the Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its provisions regarding conflicts of law. You submit to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts.

18. No Jury; Class Action Waiver

YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY DISPUTE. YOU FURTHER AGREE TO WAIVE ANY RIGHT TO RESOLVE ANY DISPUTE AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.

TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION, YOU AGREE THAT:

(I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION; AND

(II) YOU WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

19. Dispute Resolution

In the interest of resolving disputes between you and Mira Mace in the most expedient and cost effective manner, you and Mira Mace agree that every dispute arising in connection with these Terms of Use will be resolved by arbitration.

Any arbitration between you and Mira Mace will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Use. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879.

A neutral arbitrator will be selected from AAA from a list of arbitrators located in Massachusetts, and the arbitration will occur in Boston, Massachusetts. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

The agreement to arbitrate disputes includes all claims arising out of or relating to any aspects of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after termination of these Terms of Use.

Despite the provisions of this Section, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to:

(a) bring an individual action in small claims court;

(b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available;

(d) file suit in a court of law to address an intellectual property infringement claim.

Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.

20. Release

YOU RELEASE MIRA MACE FROM ALL CLAIMS ARISING FROM USE OF THE PLATFORM, TO THE EXTENT PERMITTED BY LAW.

21. Limitation of Liability

MIRA MACE’S TOTAL LIABILITY SHALL NOT EXCEED $500.

22. Indemnity

You agree to indemnify and hold Mira Mace harmless from all claims arising from your use of the Platform.

23. Waiver; Severability

Failure to enforce any provision is not a waiver. Invalid provisions shall be severed; remaining provisions remain in force.