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These Terms of Use (“Terms”) govern your access to and use of the Miya mobile application, Miya-operated APIs, websites, subscriptions, and related services (collectively, the “Service”). They are also the service rules (regulamin) required by Article 8 of the Polish Act on Providing Services by Electronic Means.
The Service is provided by:
Lumi Zone Łukasz Blania
ul. Zabrska 15
40-083 Katowice
Poland
NIP: 1990132289
REGON: 528880848
Legal contact: lukasz.b@lumizone.pl
General support and complaints: support@miyacompanion.com
In these Terms, “Miya,” “we,” “us,” and “our” refer to the provider identified above. “You” means the individual using the Service. A “consumer” is an individual acting for purposes outside their trade, business or profession; the consumer provisions also apply to an individual sole trader concluding the contract for purposes that are not of a professional nature for them (Article 7aa of the Polish Consumer Rights Act and Article 385⁵ of the Polish Civil Code).
Please also read our Privacy Policy, which explains how personal data is handled. A Polish version of these Terms is available at /pl/regulamin.
1. Acceptance of these Terms
These Terms are made available free of charge on our website and in the app before you start using the Service, in a form you can download, save and print. On the welcome screen, before you start, the app asks you to confirm that you accept these Terms and have read the Privacy Policy. The agreement is concluded when you confirm.
By confirming, you state that:
- you have read and understood these Terms;
- you agree to be bound by them; and
- you are legally able to enter into this agreement.
If you do not agree, do not use the Service.
If you download Miya through the Apple App Store or Google Play, your use is also subject to the applicable store rules and account terms. If a mandatory store term conflicts with these Terms, the mandatory store term controls to the extent of the conflict.
2. Eligibility and adult-only use
Miya is intended only for people aged 18 or older. You may not use the Service if you are under 18.
By using Miya, you represent that you are at least 18 and meet any higher minimum age required in your country. The app asks you to confirm that you are 18 or older when you start, but it does not independently verify your age; this representation remains a condition of use. If we learn that a user is under 18, we may immediately restrict the account and delete or de-identify affected data.
You may not use the Service if applicable law prohibits you from receiving it or if your access has previously been terminated for a serious or repeated violation of these Terms.
3. What Miya is
Miya is an artificial-intelligence companion application designed for conversation, continuity, customizable companions, memory, relationship-style interaction, check-ins, and optional image features. Miya is not intended to provide sexual or pornographic content; the 18+ requirement reflects mature conversational themes, relational features, privacy considerations, and AI unpredictability.
Miya may provide:
- AI-generated conversation;
- locally stored chat history and long-term memory;
- companion profile, personality, relationship, and appearance customization;
- locally scheduled check-in notifications;
- image generation and image-understanding features;
- local encrypted backup and restore;
- a free usage allowance;
- paid monthly or annual plans; and
- optional direct connection to a third-party AI provider using your own API key.
Replies are generated by AI models from several providers (currently including OpenAI, Anthropic, Google and DeepSeek models, and fal.ai for images). The model used for a request depends on your plan, the feature and current routing, as described in the Privacy Policy.
Features vary by platform, device, country, app version, plan, provider availability, and technical configuration. A feature shown in development materials or described as planned is not guaranteed to be released.
4. Technical requirements
To use the Service you need:
- a smartphone running a currently supported version of iOS or Android, as stated on the app’s App Store or Google Play page;
- a genuine, unmodified installation obtained from the App Store or Google Play (the Service verifies this with Apple App Attest or Google Play Integrity);
- an internet connection for AI replies, memory, image and subscription features (local history remains readable offline);
- free storage space for the app, your local data and, optionally, the on-device memory model; and
- an App Store or Google Play account to purchase a subscription.
Using the Service over a mobile network may incur data charges from your operator.
5. Miya is AI, not a person or professional service
Miya is not a human being. It does not possess consciousness, emotions, intentions, or personal experience, and does not form a real-world relationship with you. Responses, memories, personality cues, images and check-ins are generated or selected by software. The app shows this on the welcome screen and, where the law requires it (for example in New York), a short reminder at the start of a chat and at least every three hours. If you sincerely ask your companion whether it is a person, it is instructed to say that it is an AI.
AI output may be inaccurate, incomplete, outdated, inconsistent, offensive, or unexpected. Miya may misunderstand you, invent facts, incorrectly recall context, or produce similar output for different users. You must independently verify information before relying on it.
The Service is not:
- medical care, diagnosis, treatment, or therapy;
- a crisis, suicide-prevention, or emergency service;
- legal, financial, tax, employment, or other professional advice;
- a substitute for qualified professionals or trusted human relationships; or
- suitable for decisions where an error could cause death, personal injury, significant financial loss, or infringement of another person’s rights.
If you believe you or another person may be in immediate danger, contact local emergency services. In Poland and the European Union, call 112; in the United States, call 911 or the Suicide & Crisis Lifeline 988. When Miya detects expressions of suicidal thoughts or self-harm, it shows crisis-line contacts; this safety protocol is described at miyacompanion.com/safety. Do not wait for or rely on an answer from Miya.
No doctor-patient, therapist-client, lawyer-client, fiduciary, confidential-professional, or similar relationship is created through the Service.
6. Device-first account
The Service automatically creates a pseudonymous, device-linked Miya account. No email address or password is required. The app assigns a user ID, installation identifier, and limited-duration session credential.
You are responsible for:
- maintaining control and security of your device and store account;
- using a strong device passcode and any optional Miya app lock;
- not sharing session credentials or API keys;
- keeping the app and operating system reasonably up to date; and
- promptly contacting us if you believe your account, device, purchase, or key has been compromised.
Because the account is device-linked, clearing secure storage, resetting or replacing a device, uninstalling the app, or changing platforms may affect account continuity. The purchase-restore feature may recover an eligible store entitlement, but it does not restore local chats, memories, or media unless you separately created and retained a valid encrypted Miya backup.
We may introduce optional account-recovery or sign-in methods in the future. Additional disclosures may apply when they are made available.
7. Licence to use the Service
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable licence to install and use the app on devices you own or control, solely for lawful personal use and in accordance with applicable app-store usage rules. This licence concerns the app and Service; your rights in AI output are described in Section 10.
The licence does not transfer ownership of the app, software, brand, interfaces, documentation, or other Miya materials.
Except where applicable law expressly permits it and does not allow the restriction to be waived, you may not:
- copy, modify, distribute, sell, lease, sublicense, or commercially exploit the Service;
- reverse engineer, decompile, disassemble, or attempt to derive source code, models, prompts, security controls, or non-public APIs;
- scrape, crawl, data-mine, or systematically extract output;
- use automated means to create accounts, farm free allowances, evade limits, or place excessive load on the Service;
- bypass access controls, rate limits, subscription entitlements, safety filters, integrity checks, or other technical restrictions;
- resell, white-label, or provide the Service to others as your own service; or
- remove copyright, trademark, attribution, AI-generated-content marks, or proprietary notices.
Open-source components remain subject to their respective licences.
8. Acceptable use
You must use the Service lawfully, responsibly, and in a way that does not harm others or interfere with the Service. You must not provide unlawful content.
You may not use Miya to create, request, upload, transmit, facilitate, or promote:
- child sexual abuse or exploitation material, sexual content involving minors, grooming, or any attempt to sexualize a minor;
- non-consensual intimate imagery, sexual exploitation, pornographic content, or content that violates another person’s sexual privacy;
- credible threats, stalking, harassment, hate-based abuse, doxxing, blackmail, or encouragement of violence;
- instructions intended to facilitate suicide, serious self-harm, terrorism, violent wrongdoing, weapons misuse, illegal drug production, trafficking, or other serious crime;
- malware, credential theft, phishing, unauthorized access, fraud, or evasion of security controls;
- unlawful gambling, financial crime, or deceptive commercial activity;
- impersonation or deceptive synthetic media (“deepfakes”) intended to mislead people about a real person or event;
- content that infringes copyright, trademark, privacy, publicity, confidentiality, contractual, or other rights;
- personal data about another person that you are not lawfully entitled to process; or
- any other content or conduct that is illegal in the place where you or the affected person is located.
You also may not:
- attempt to discover or expose another user’s data;
- submit secrets, credentials, or payment data that are unnecessary for the requested feature;
- falsely claim that AI-generated content was created by a human or endorsed by a real person, or remove its AI-generated marking;
- use the Service to make high-impact automated decisions about another person; or
- encourage others to violate these Terms.
We may use automated or manual safeguards, reject requests, withhold output, limit features, or suspend access where reasonably necessary to enforce these Terms, protect people, prevent fraud, comply with law, or preserve the Service. Safeguards are not perfect and do not remove your responsibility for your conduct.
Reporting AI replies. The app includes a report control (flag) on AI replies. If a reply is harmful, offensive, sexual, violent, or otherwise problematic, you can flag it in the app; Miya sends only the flagged reply and a category to the operator for review, as described in the Privacy Policy. This does not replace emergency services.
9. Your content
“User Content” means text, prompts, companion profiles, instructions, images, attachments, feedback, and other material you submit to or create within the Service.
You retain any rights you have in User Content. You represent that:
- you own User Content or have all rights and permissions needed to use it;
- processing it as described in these Terms and the Privacy Policy will not violate law or another person’s rights; and
- it complies with Section 8.
You grant us a worldwide, non-exclusive, royalty-free licence to host, cache, reproduce, transmit, format, adapt, and otherwise process User Content only as necessary to:
- provide the feature you request;
- route content to the AI or infrastructure provider handling the request;
- maintain, secure, troubleshoot, and support the Service;
- enforce these Terms; and
- comply with law.
This operational licence ends when the relevant content is deleted or no longer needed, except where limited retention is required for backups, security, billing, legal compliance, or legal claims. The licence does not transfer ownership of your User Content to us.
We do not use your conversation content to train any model. A third-party provider processes content under its own agreement and privacy notice, as described in the Privacy Policy, especially when you choose direct API-key mode.
If you send product feedback or suggestions, you allow us to use them without restriction or compensation, provided we do not publicly identify you without permission.
10. AI-generated output
Subject to applicable law and any third-party provider terms, you may use output generated for you for lawful personal or commercial purposes. However:
- we do not guarantee that output is unique, protectable by copyright, non-infringing, or accurate;
- other users may receive the same or similar output;
- an AI provider may impose additional restrictions;
- images generated by Miya carry a machine-readable mark identifying them as AI-generated; do not remove it, and disclose that an image or text is AI-generated when you publish it where the law requires; and
- you are responsible for the way you use and distribute output.
Miya’s name, logos, app design, source code, documentation, and other proprietary materials are not included in this permission.
11. Local data, backups, and notifications
11.1 Local-first data
Chats, memories, companion profiles, relationship state, local embeddings, and app-owned media are stored on your device. Miya does not keep a server copy and cannot recover this material for you.
Device failure, uninstalling the app, clearing app data, deleting content, restoring another backup, operating-system action, or loss of a backup password may permanently destroy local data. We recommend creating encrypted backups regularly. This does not limit our liability for loss of data caused by our breach of contract or of mandatory law (Section 22).
11.2 Encrypted backups
Miya allows you to export an encrypted .myyumi backup. You choose the password. We do not receive or store that password and cannot reset it or decrypt the file for you. After export, you are responsible for storing the backup securely, protecting the password, controlling who receives the file, and deleting obsolete copies. Restoring a backup may replace local data currently on the device.
11.3 Notifications
Miya may schedule local check-in notifications if you enable them and grant operating-system permission. Notification text may be visible on a lock screen or to anyone with access to the device. Use the notification-preview setting and your device’s notification controls if you want to hide content.
Local check-ins are automated and do not mean that a person is monitoring you or that Miya has independently decided to contact emergency services.
12. Photos, image features, and likeness rights
You may use only images that you have the right to use. You must not upload or generate images that violate privacy, publicity, copyright, sexual-consent, child-protection, or other applicable laws.
When you attach an image or use a portrait as a reference, the image is sent to a cloud AI provider. The provider may transform it or create a synthetic image based on it. Do not use another person’s likeness without all permissions required for the intended use.
Miya does not provide identity verification and does not guarantee that generated images will accurately represent a person, avoid bias, or be free of visual artifacts.
13. Direct API-key mode and custom endpoints
Miya may let you connect directly to a third-party AI provider using your own API key. Supported options may include OpenAI, DeepSeek, Google Gemini, Anthropic Claude, OpenRouter, Mistral, xAI, Groq, Cerebras, Fireworks AI, Together AI, DeepInfra, Perplexity, fal.ai, and custom OpenAI-compatible endpoints.
When you use this mode:
- you separately contract with and are responsible for the selected provider;
- the provider’s terms, privacy policy, acceptable-use rules, prices, quotas, retention, and geographic processing apply;
- provider charges are separate from any Miya subscription unless expressly stated otherwise;
- you authorize the app to send the selected context and attachments to that provider;
- you are responsible for key security, account permissions, spending limits, and revocation; and
- provider or endpoint failures may prevent the feature from working.
API keys entered for direct mode remain in device secure storage and are sent only to the selected provider to authenticate a request. Do not enter a key belonging to another person or organization without authority.
A custom endpoint is selected and configured entirely by you. We do not control, endorse, audit, or guarantee it. Plain HTTP may be technically permitted for a private local network, but it does not provide transport encryption. Never send a valuable API key or sensitive content over an untrusted or unencrypted connection.
We are not liable for charges, loss, compromise, data use, output, downtime, or conduct of a third-party provider or custom endpoint you selected yourself, except where our own breach caused the damage or liability cannot lawfully be excluded.
14. Free usage allowance
Miya may provide a limited free usage allowance. The allowance is usage-based and may include separate message and image limits. It is not an auto-renewing paid trial and does not begin charging you automatically.
A free allowance:
- has no cash value;
- is limited to the account or device for which it was issued;
- may be subject to security, fair-use, model, concurrency, and rate limits;
- may not be sold, transferred, pooled, or recreated by resetting identifiers; and
- may be changed or discontinued for the future, with notice in the app.
You must affirmatively confirm a store purchase before a paid subscription begins.
15. Paid subscriptions
15.1 Plans
Miya offers Go, Pro, and Ultra plans on monthly or annual billing periods. Available plans, features, localized prices including taxes, currency, any free trial, the billing period and automatic renewal are shown in the app and in the store purchase screen before you confirm.
Plan features may include different message or cost budgets, model tiers, context sizes, response limits, memory tiers, image allowances, processing priority, early access, or eligibility for API-key features. A plan is not “unlimited” unless the purchase screen expressly says so. Technical, safety, rate, fair-use, and provider limits may still apply.
15.2 Store billing
Mobile subscriptions are sold and processed by the Apple App Store or Google Play. The store charges your store account, displays the final price and applicable taxes, processes payment credentials, manages renewal and billing failures, provides cancellation controls, and handles refund requests under its rules and applicable law. We receive subscription and entitlement metadata but do not receive your full payment-card number.
15.3 Automatic renewal
A subscription automatically renews for the same billing period unless you cancel it through your App Store or Google Play account before the store’s cancellation deadline. The store shows the renewal date and rules.
Deleting Miya, deleting local data, requesting deletion of a Miya account, withdrawing AI consent, or stopping use of the Service does not cancel a store subscription.
15.4 Cancellation
You may cancel through your store account settings or the subscription-management link in Miya. Cancellation stops future renewal and access continues until the end of the period already paid for. Statutory rights to withdraw from or terminate the contract (Sections 15.5, 21 and 23) are not affected.
15.5 Refunds and right of withdrawal
Refund requests for payments are normally submitted to the store that processed the purchase:
- Apple: https://reportaproblem.apple.com/
- Google Play: the refund and order-support options in your Google Play account or Google Play Help.
Consumer right of withdrawal (EEA). A consumer may withdraw from a contract concluded at a distance within 14 days without giving a reason. If you expressly request that the digital service start before the 14-day period ends, and you are informed of the consequences, you remain entitled to withdraw but must pay for the part of the service provided until withdrawal, proportionally to the price. For digital content not supplied on a tangible medium, the right of withdrawal is lost once supply has started with your prior express consent and acknowledgement. These statements are obtained through the store checkout or in the app; mere app use is never treated as a waiver. To withdraw, use the store’s refund process or send us a clear statement (for example by email to support@miyacompanion.com); you may use the model withdrawal form below, but you do not have to.
Model withdrawal form. To: Lumi Zone Łukasz Blania, ul. Zabrska 15, 40-083 Katowice, Poland, support@miyacompanion.com — I hereby give notice that I withdraw from my contract for the following service: Miya subscription [plan]. Purchased on: [date]. Store account / Miya Account ID: [ ]. Name of consumer: [ ]. Date: [ ].
Store rules do not remove any non-waivable refund, conformity, withdrawal, or consumer right granted by applicable law. If the store directs you to the developer or cannot resolve a service issue, contact support@miyacompanion.com.
15.6 Changes, upgrades, and downgrades
The store determines when a plan change takes effect and whether it applies a credit, charge, proration, or other adjustment. A downgrade may make features or allowances unavailable, but it does not by itself delete your existing local chats, companions, or memories.
15.7 Price changes
Price changes apply only to future billing periods. Advance notice and, where required, your renewed consent are obtained through the store. You may cancel before a changed renewal price takes effect.
15.8 Restore purchases
“Restore purchases” asks the store and RevenueCat to verify an eligible entitlement. Restore is not guaranteed where you use a different store account, platform, product, region, or purchase identity, or where the purchase has expired, been refunded, revoked, transferred, or is otherwise ineligible.
16. Third-party services
The Service depends on third parties, which include app stores, RevenueCat, cloud hosting, AI model providers, image providers, integrity services, and links to external websites.
Third-party services are governed by their own agreements. We remain responsible to you for the Service we provide, including parts we deliver through our subcontractors. We are not responsible for the independent acts of a provider you selected yourself in direct API-key mode, or of the stores in their own capacity.
We may replace a provider or model where reasonably necessary for security, availability, quality, compliance, or cost, without changing the plan you paid for. If a change involves a new provider or processing country, the app will ask for your consent before your content is sent to it.
17. Intellectual property
The Service and all Miya-provided materials—including software, interfaces, graphics, logos, trademarks, text, sounds, documentation, and compilations—are owned by us or our licensors and are protected by intellectual-property and unfair-competition laws.
Miya, associated logos, and product appearance may not be used in a way that suggests sponsorship, affiliation, or endorsement without prior written permission.
If you believe content accessible through the Service infringes your intellectual-property rights, contact lukasz.b@lumizone.pl with sufficient detail to identify the work, material, location, claimed right, and your authority to act.
18. Updates and changes to the Service
We supply updates, including security updates, needed to keep the Service in conformity with the contract for as long as you use it. You should install them within a reasonable time; if you do not, we are not responsible for a lack of conformity that results solely from the missing update, provided we informed you about the update and the consequences of not installing it.
We may change the Service (for example its features, models or providers) beyond what is necessary to keep it in conformity only if: (a) there is a valid reason — legal or regulatory requirements, security, technical changes by providers or platforms, abuse prevention, or improvements to the Service; (b) the change involves no additional cost for you; and (c) we inform you clearly in the app. If a change negatively affects your access to or use of a paid plan in more than a minor way, we will inform you at least 14 days in advance and you may terminate the contract free of charge within 30 days of the change (or of being informed, if later); we will then refund the price for the unused period. This does not apply if we enable you to keep the unchanged service at no extra cost.
Early-access, beta, preview, and experimental features are marked as such, may be less reliable, may change, and may be discontinued. Do not rely on them for critical purposes.
19. Availability and support
We aim to provide a reliable Service but cannot guarantee uninterrupted availability. Access may be limited by maintenance, provider outages, capacity, network conditions, device compatibility, abuse prevention, legal restrictions, force majeure, or events outside our reasonable control. Planned maintenance is carried out, where possible, at times of low usage.
Support is available through support@miyacompanion.com. We answer complaints within the time stated in Section 20.
20. Complaints
You may submit a complaint about the Service — for example that it does not work as described, that a paid plan does not provide what it promises, or about these Terms — by email to support@miyacompanion.com or in writing to the address above.
Please include: your Miya Account ID (shown in the app under Account), a description of the problem and when it occurred, and what you request (for example, bringing the Service into conformity, a price reduction, or a refund). Missing details do not make the complaint invalid; we may ask you to add them.
We respond within 14 days of receiving the complaint, by email (a durable medium). If a consumer’s complaint is not answered within that period, it is deemed accepted (Article 7a of the Polish Consumer Rights Act).
Payment and refund issues for store purchases can also be raised with Apple or Google directly (Section 15.5).
Out-of-court dispute resolution. A consumer may use free out-of-court complaint and redress procedures, for example assistance from a municipal or district consumer ombudsman (miejski / powiatowy rzecznik konsumentów), mediation or a permanent consumer arbitration court at the Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej), or the consumer helpline of the Polish Office of Competition and Consumer Protection (UOKiK) at prawakonsumenta.uokik.gov.pl. Consumers in other EU countries can contact their national consumer centre (ECC-Net). Using these procedures is voluntary.
21. Conformity of the Service with the contract (consumers)
We are responsible to consumers for the Service being in conformity with the contract throughout the period it is supplied, in accordance with Chapter 5b of the Polish Consumer Rights Act (implementing Directive (EU) 2019/770). If the Service is not in conformity, you may request that we bring it into conformity. If we do not do so within a reasonable time, refuse, or the lack of conformity persists or is serious, you may request a proportionate price reduction or withdraw from the contract and receive a refund (withdrawal is not available if the lack of conformity is immaterial). We bring the Service into conformity, reduce the price or refund within 14 days of your statement, using the same payment method, or through the store where it processed the payment.
Nothing in these Terms limits these rights. AI-generated replies that are imperfect, as described in Section 5, do not in themselves mean the Service is not in conformity, because that is the nature of the Service as described to you.
22. Disclaimers and liability
For consumers: we are liable in accordance with the law for non-performance or improper performance of the contract. Nothing in these Terms excludes or limits our liability towards a consumer, or the consumer’s rights under Section 21, except as permitted by mandatory law. We are not liable for damage caused by events outside our control that we could not have prevented with due diligence, for damage caused by your own breach of these Terms, or for the acts of a third-party provider you selected yourself in direct API-key mode.
For business users (persons using the Service in the course of their professional activity, who are not covered by the consumer provisions):
- the Service is provided “as is” and “as available”, and statutory warranty (rękojmia) is excluded to the extent permitted by law;
- we are not liable for lost profits or indirect damage; and
- our total liability is limited to the amount paid for the Service in the 12 months before the event giving rise to the claim.
These business limitations do not apply to damage caused intentionally or through gross negligence, to personal injury, or where the law does not permit limitation.
23. Term, suspension and termination
The agreement is concluded for an indefinite period. A paid plan runs for the billing period you chose and renews automatically as described in Section 15.3.
You may terminate the agreement at any time without notice and free of charge by stopping use of the Service and deleting your account (Account → Delete account) or local data. A requested account deletion enters a 14-day grace period during which you can cancel it. Termination does not cancel a store subscription; cancel it through the store.
We may terminate the agreement with 30 days’ notice in the app for a valid reason: the Service or a feature being discontinued, legal or regulatory requirements, or a provider or platform no longer allowing us to provide it. If you have a prepaid plan, we will refund the unused part of the price.
We may restrict a feature, suspend an account or terminate access with immediate effect only where you seriously or persistently breach these Terms or the law (in particular Section 8), there is fraud, abuse or a security risk, continued service could harm a person, or a competent authority requires it. Unless immediate action is necessary or notice would create risk or violate law, we will first ask you to stop the breach and give you a reasonable opportunity to remedy it or respond. You may contest our decision as a complaint (Section 20).
Sections that by their nature should survive termination—including intellectual property, liability, and dispute provisions—survive.
24. Governing law and disputes
These Terms are governed by Polish law. If you are a consumer habitually resident in another country, this choice does not deprive you of the protection of mandatory provisions of the law of your country of residence. A consumer may bring proceedings in the court competent under the general rules, including the courts of their habitual residence.
For disputes with business users who are not covered by the consumer provisions, the court competent for our registered address in Katowice, Poland has jurisdiction.
25. Changes to these Terms
We may change these Terms for valid reasons: changes in the law or regulatory guidance, decisions of authorities or courts, changes to the Service or the providers we use (for security, technical or legal reasons, or to add features), changes to the stores’ rules, or to improve clarity.
We will inform you of the change in the app and on our website at least 14 days before it takes effect, showing the new text. If you do not accept the change, you may terminate the agreement free of charge before it takes effect; prepaid amounts for the unused period are refunded. A change required immediately by law or a decision of an authority may apply sooner. A change does not affect rights you acquired before it took effect.
26. General provisions
- Entire agreement. These Terms, the Privacy Policy, mandatory store terms, and any additional terms presented for a specific feature form the agreement concerning the Service. Statements in a store listing or on our website that are binding under consumer law remain part of the contract.
- Severability. If a provision is invalid or unenforceable, the remaining provisions continue in effect.
- No waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
- Assignment. You may not transfer this agreement without our consent. We may transfer it as part of a business reorganization, merger, or sale, provided your rights are not reduced; we will inform you in advance and you may terminate the agreement.
- Language. These Terms are available in English and in Polish. For consumers who live in Poland, the Polish version prevails.
- Archive. Previous versions of these Terms are available on request.
27. Apple App Store terms
If you obtained Miya through Apple’s App Store, the following applies in addition to the rest of these Terms:
- These Terms are between you and Lumi Zone Łukasz Blania, not Apple Inc. (“Apple”). We, not Apple, are responsible for Miya and its content.
- Your licence is limited to a non-transferable licence to use Miya on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Usage Rules, including any applicable Family Sharing or volume-purchase rules.
- Apple has no obligation to provide maintenance or support for Miya.
- If Miya fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, as required by its rules. To the maximum extent permitted by law, Apple has no other warranty obligation concerning Miya. We are responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty, subject to these Terms and applicable law.
- We, not Apple, are responsible for addressing claims relating to Miya or your possession or use of it, including product-liability claims, claims that Miya fails to conform to legal or regulatory requirements, and claims under consumer-protection, privacy, or similar law.
- If a third party claims that Miya or your possession and use of it infringes intellectual-property rights, we, not Apple, are responsible for investigating, defending, settling, and discharging the claim to the extent required by these Terms and applicable law.
- You represent and warrant that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms when using Miya, including wireless-data and AI-provider terms.
- Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary.
28. Google Play terms
If you obtained Miya through Google Play:
- these Terms are between you and us, not Google LLC or its affiliates (“Google”);
- your use of Google Play and the downloaded app is also subject to the Google Play Terms of Service and other applicable Google policies;
- Google is not responsible for Miya’s operation, support, content, or claims concerning the Service, except to the extent required by Google’s own terms or applicable law; and
- purchases, renewals, cancellations, and refunds are processed under Google Play’s applicable billing terms and procedures.
29. Contact
Questions, complaints, and legal notices concerning these Terms may be sent to:
Lumi Zone Łukasz Blania
ul. Zabrska 15, 40-083 Katowice, Poland
Email: lukasz.b@lumizone.pl
Support and complaints: support@miyacompanion.com
