MYMILEZ APP TERMS AND CONDITIONS
Introduction
Effective Date: 11/26/24
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the “MyMilez” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and East38 (“East38”, “we”, “us”, or “our”).
If you are entering into this Agreement on behalf of a business or either legal entity, you represent that you have the authority to bind such entity to this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity.
If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Mobile Application and Services.
By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and East38, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.
Your access to and use of the Service is conditioned on your acceptance of and compliance with the Agreement. The Agreement applies to all visitors, users and others who access or use the Service.
Accounts and Membership
You must be at least 18 years of age to use the Mobile Application and Services. By using the Mobile Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.
If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.
Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would damage our reputation and goodwill.
If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Payments and Billing
All payments for digital purchases, including subscriptions and in-app purchases, are processed securely through Apple’s In-App Purchase (IAP) system. MyMilez does not store or handle any credit card information; all payment details are managed exclusively by Apple.
Prices are displayed in-app and may include applicable taxes. Final prices are determined at checkout. Subscriptions auto-renew unless canceled 24 hours before the billing date. Manage cancellations in your Apple ID settings.
Free Trials auto-renew to a paid subscription unless canceled before the trial ends. Cancel anytime in Apple ID settings. Refunds are handled through Apple’s refund policy. Prices may change, and users will be notified ahead of any changes affecting future billing.
Cancellation Policy
You may cancel your subscription to the MyMilez app at any time, following the instructions provided by the App Store.
The Cancellation Policy as provided by the Apple App Store for MyMilez is hereby incorporated under these terms and conditions and shall be enforced by Apple Inc.
Refund Policy
Some purchases from the App Store, iTunes Store, Apple Books, or other Apple services might be eligible for a refund. You can use any device with a web browser to request a refund in the App Store.
The Refund Policy as provided by the Apple App Store for MyMilez is hereby incorporated under these terms and conditions and shall be enforced by Apple Inc.
Acceptable Use
You must not use the Mobile Application and Services in any way that causes, or may cause, its damage or impairment of the availability or accessibility; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Mobile Application and Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Mobile Application and Services without express written consent.
You must not use the Mobile Application and Services to transmit or send unsolicited commercial communications.
You must not use the Mobile Application and Services for any purposes related to marketing without express written consent.
Links to MyMilez
You may not create a link to Mobile Application or its Services without our prior written consent. If you do create any such link, you do so at your own risk and the exclusions and limitations set out will apply to your use of MyMilez by linking to it.
Links from MyMilez
We do not monitor or review the content of other party’s websites which are linked to from MyMilez. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. East38 will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to you any intellectual property owned by East38 or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with East38.
All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of East38 or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of East38 or third-party trademarks.
Indemnification
You agree to indemnify and hold East38 and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorney’s fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will East38, its affiliates, directors, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of East38 and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount no greater than the greater of $50 or any amounts actually paid by you to East38 for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Disclaimer of Warranties
The Mobile Application and Services are provided on an "as is" and "as available" basis. You agree that your use of the Mobile Application and Services is at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty that the Mobile Application and Services will meet your requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Mobile Application and Services or as to the accuracy or reliability of any information obtained through the Mobile Application and Services. No advice or information, whether oral or written, obtained by you from us or through the Mobile Application and Services shall create any warranty not expressly made herein.
Exceptions
Nothing in this Agreement will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Agreement will exclude or limit liability in relation to applicable exceptions implied by law.
User-Generated Content
If the Mobile Application allows users to submit content (such as comments, reviews, etc.), you are solely responsible for the content you post. By submitting content, you grant East38 a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant East38 the right to use the name that you submit in connection with such content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity, and that you will indemnify East38 for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. East38 takes no responsibility and assumes no liability for any content posted by you or any third party.
Third-Party Services
If the Mobile Application integrates or links to third-party services (such as maps, analytics, advertisements, etc.), you acknowledge and agree that your use of such services is subject to the terms and conditions of the respective third parties. East38 does not control these third-party services and is not responsible for their performance, functionality, or availability. Any issues or disputes arising from your use of third-party services must be addressed with the respective provider of those services, and East38 will not be liable for any damages or losses caused by third-party services.
Privacy and Data Handling
Our privacy policy, which sets out how we will use your information, can be found here. By using MyMilez, you consent to the processing described therein and warrant that all data provided by you is accurate. We process personal information in line with our Privacy Policy and comply with Tennessee Information Protection Act (TIPA), California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR).
Users have data subject access rights to access, modify, or delete their personal data.
We do not store payment data. Apple and third-party payment processors handle all transactions securely.
Data Security
We are committed to safeguarding your personal information. While we take reasonable precautions to protect the personal information you provide to us through the Mobile Application and Services, no system is entirely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will not occur. By using the Mobile Application and Services, you acknowledge and accept that security measures implemented by us are reasonable and appropriate, but that we do not guarantee the security of your personal information, and you use the Mobile Application and Services at your own risk.
Complaints
East38 operates a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Breaches of these Terms and Conditions
Without prejudice to East38's other rights under this Agreement, if you breach these terms and conditions in any way, East38 may take such action as East38 deems appropriate to deal with the breach, including suspending your access to MyMilez, prohibiting you from accessing the Mobile Application and services, blocking devices using your IP address from accessing MyMilez, contacting your internet service provider to request that they block your access to MyMilez and/or bringing court proceedings against you.
Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive laws of and procedural laws of Tennessee, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Tennessee, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nation Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Governing Law and Arbitration
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to its conflict of laws principles. Any dispute arising from or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
The arbitration shall take place in Tennessee, United States, and shall be conducted in the English language. The decision of the arbitrator shall be final and binding on the parties.
You agree that any claim you may have arisen out of or related to your relationship with East38 must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Termination of Services
We reserve the right to terminate or suspend your account or access to the Mobile Application and Services, with or without notice, for any reason, including but not limited to the breach of this Agreement. Upon termination, your right to use the Mobile Application and Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Mobile Application and Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Changes and Amendments
We reserve the right to modify this Agreement, or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page and post a notification in the Mobile Application. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement will constitute your consent to these changes.
Acceptance of these Terms
You Acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.
Contacting Us
If you have any questions or concerns about this Terms of Use Agreement or the handling of your personal data, please contact us at:
This Terms of Use Agreement was last updated November 6, 2024.