User Agreement
Terms and Conditions
Last updated on 22 August 2024
1.Introduction
Welcome to the Miai Law Pty Ltd service that you have selected. Our services are powered by artificial intelligence (AI). By using our services, you become our User and agree to comply with and be bound by the following Terms and Conditions, which include our Privacy Policy (available here)(Terms). Please review these Terms (including the Privacy Policy) carefully. If you do not agree to these terms, you should cease using our services.
In these Terms, ‘we’, ‘us’ and ‘our’ means Miai Law Pty Ltd.
- 2.1.We provide an AI-powered platform designed to offer guidance on Australian law (the Service). Our AI system generates responses based on the information it has been trained on and user inputs. However, these responses should not be taken as definitive legal advice.
- 2.2.The Service is provided on an “as is” and “as available” basis.
- 2.3.The Service is provided for general information only. It does not constitute legal advice. Users should therefore obtain their own independent legal advice from a qualified lawyer before relying on any information provided by the Service.
- 2.4.The User relies on the Service at their own risk and the User acknowledges and agrees that the use of the Service is at the User’s sole risk.
- 3.1While we strive to provide accurate and helpful information, we do not guarantee the accuracy, completeness, or reliability of any information provided by our AI system. Due to the nature of AI, there is a risk of errors, inaccuracies, “hallucinations” (false or misleading information) and “infection” (where legal concepts from a different jurisdiction is inserted into the AI’s interpretation of Australian law). Users should independently verify any information obtained from our platform.
- 3.2We make no guarantees that the Service:
- 3.2.1will be free from errors, inaccuracies, hallucinations, or infection; or
- 3.2.2 may be relied upon without obtaining independent legal advice.
- 3.3We may, from time to time and without notice, change or update the Service. However, we do not undertake to keep the Service updated. We are not liable to you or anyone else if errors occur in the information provided by the Service or that the information provided by the Service is not up-to-date.
- 3.4Except for warranties provided under the Australian Consumer Law that cannot be excluded, we do not make any representations or warranties that the Service will meet the User’s requirements or that the Service provided will be uninterrupted, timely, secure, or error free. We do not take responsibility for any information provided by or your use of the information provided by the Service.
The Service may contain links to websites operated by third parties. Those links are provided for your convenience, and you acknowledge that these links may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites.
The information provided by us is for informational purposes only and does not constitute legal advice. The use of our services does not create a lawyer-client relationship. Users are strongly encouraged to consult with a qualified lawyer for legal advice and to verify the information provided by our platform.
- 6.1.Users are responsible for ensuring the accuracy and legality of the information they provide to and receive from our platform.
- 6.2.We are not responsible or liable for:
- 6.2.1.any civil liability arising from any legal actions either commenced against the User or commenced by the User;
- 6.2.2.the consequences,
- 6.2.3.legal costs or disbursements, or
- 6.2.4.any other damage resulting from the use of our services.
- 7.1.To the maximum extent permitted by the law, including the Australian Consumer Law, in no event shall we be liable for any direct, indirect or incidental loss; expense; or special, consequential or punitive damages—irrespective of the manner in which it occurs—that may be suffered due to the use of or inability to use our Services, and even where you have put us on notice and informed us of the possibility of such damages.
- 7.2.We accept no liability for any loss, damage, cost, or expense (whether direct, indirect, consequential or otherwise) incurred by the User as a result of any reliance placed on the Service or any information provided by the Service.
8.Indemnification
You agree to indemnify, defend, and hold harmless Miai Law Pty Ltd, our officers, directors, employees, agents, and affiliates from and against any or all claims, liabilities, damages, losses, or expenses (including reasonable legal fees and costs) arising out of or in any way connected with your use of our services.
We reserves the right to modify these Terms at any time. Any changes will be effective immediately upon updating the Terms and Conditions or the Privacy Policy on our website. Your continued use of our services after any modification indicates your acceptance of the revised terms.
- 10.1.(Prohibited Uses) You agree not to use our Services to do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Service, including by not limited to using the Service:
- 10.1.1.to harm, disable, overburden, or impair our Services;
- 10.1.2.to upload files that contain viruses that may cause damage to our property;
- 10.1.3.to defame or libel us, our employees or other individuals;
- 10.1.4.to post or transmit to the Service any non-authorised material including, but not limited to material that is, in our opinion likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems;
- 10.1.5.in a manner that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals.
- 10.2.(Account Security) You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
- 11.1.Ownership of Content
- 12.1.(Informal Resolution) In the event of any dispute arising out of or relating to these terms and conditions, the parties agree to attempt to resolve the dispute through informal negotiations before initiating any formal legal proceedings.
- 12.2.(Mediation) If informal negotiations do not resolve the dispute, the parties agree to submit the dispute to mediation in accordance with the rules of a recognised Australian mediation like the Resolution Institute.
- 12.3.(Court Proceedings) In the event that the dispute is not resolved by formal mediation then any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts or tribunals of New South Wales.
13.Collection Notice
We collect personal information about you in order to process your registration, provide you with the Service, and for purposes otherwise set out in our Privacy Policy (available here).
We may disclose that information to third parties that help us deliver the Services (including technology suppliers, communication supplies and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Australia, including Japan.
- 13.1.we comply with our privacy obligations;
- 13.2.we collect, store, use and disclose your personal information;
- 13.3.you may access and correct your personal information;
- 13.4.you can lodge a complaint regarding the handling of your personal information; and
- 13.5.how we will handle any complaint.
If you would like any further information about our Privacy Policy or practices, please contact us at [email protected].
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
- a.Subscription: We charge a bi-annual or annual fee to access the Services. Your subscription will continue until the end of that term. You must have Internet access and provide us with a current, valid debit or credit card or other method of payment accepted by Miai Law Pty Ltd (“Payment Method”) to utilise your subscription. You agree that your subscription is for personal use only, that we may limit the number of devices by which you may access the Services. We may offer different subscription plans, including differing conditions and limitations. You can find specific details regarding your subscription in the Manage Your Subscription section of the Services. We reserve the right to modify or terminate our offered subscription plans by providing you with at least 30 days’ notice of any such change in circumstances where you may be significantly impacted by any such modification or cancellation of such plan. In circumstances where we offer a free trial period, you will not be required to pay any fee for the free trial period. However, if you do not cancel your free trial before the end of the free trial period, you will be charged the fee for the Miai Law Pty Ltd plan that you initially signed up for. See details on how to cancel your subscription below.
- b.Billing: By creating an account and providing a Payment Method you authorise us or our payment processor to charge your bi-annual or annual subscription fee at the then current rate, any other charges you may incur in connection with your access to and use of the Services, to your Payment Method. You also authorise us and our payment processor to place a test charge on your Payment Method. We do not charge you in connection with this test charge.
- c.We reserve the right to adjust pricing for our Services in our sole and absolute discretion by providing you with at least 30 days’ prior notice before such adjustment takes effect. Any changes to your subscription fee will take effect following such notice to you and will appear in your next billing cycle. If you do not wish to pay the adjusted price, then you can cancel your subscription during this notice period and the cancellation will take effect from your next billing date. We may also change our pricing without notice if required by law, or if any regulatory authority requests or requires a change to any part of our pricing which directly affects your subscription or our pricing structure (if this happens, we will use best endeavours to give you reasonable notice).
- d.You are responsible for providing complete and accurate billing and contact information to us. If you want to change or update your Payment Method, you must edit your Payment Method information by navigating to the Your Account section of the Services or, if you pay for the Services through your account on a third-party platform, by modifying the payment instructions on the platform you use to pay for the Services. If your Payment Method expires, has insufficient funds, is deactivated or otherwise does not make payment and you do not update your Payment Method or cancel your subscription, you authorize us and our payment processor to continue billing and to contact your Payment Method provider to obtain updated information at our option, and you will remain responsible for any unpaid amounts. For certain Payment Methods, your Payment Method provider may charge you a foreign transaction fee or other charges; you are responsible for all of these charges.
- e.Auto-renewal and Cancellation: Your Miai Law Pty Ltd subscription will automatically renew at the end of each bi-annual or annual subscription period. You may cancel your Miai Law Pty Ltd subscription at any time. If you cancel your subscription, the cancellation will be effective at the end of the then-current billing period. For annual plan subscriptions, this will occur at the end of your 12 month annual plan period. You must cancel your subscription before it renews in order to avoid being billed for the next subscription period’s subscription fee. You can see your next renewal date by navigating to the Your Account section of MiAi Law.
- f.No Refunds or Credits: Payments are non-refundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, you will continue to have access to the Service through the end of your then-current billing period provided that you had previously paid for that period.
15.Governing Law
Your use of our Services and these Terms are governed by and are to be construed in accordance with the laws of New South Wales. You submit to the exclusive jurisdiction of the courts exercising jurisdictions in New South Wales.
If you have any questions or concerns about these Terms, please contact us at [email protected].
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.