Terms of Service

"Services" means our platform services, including: (a) Subscription Website Services for professionals hosted on mymirin.com or a custom domain; (b) E-commerce Platform Services with revenue-sharing arrangements; (c) the free website Scorecard and Preview; and (d) Done-For-You Website Services.

"Platform" means our proprietary software system accessible at mirin.com, mymirin.com, and related subdomains.

"Scorecard" means the free website scorecard available through our website. The Scorecard provides informational analysis and does not require a credit card, sales call, contract, or Plan subscription.

"Preview" means the free custom homepage we design for your business before you decide whether to keep the website. A Preview does not require a credit card, sales call, contract, or Plan subscription. You owe nothing if you decline to proceed.

"Plan" means a month-to-month Subscription Website Services plan offered by us, currently Solo or Team. Solo is for one person at one location. Team is for two or more people or more than one location. Plan features and current pricing are described at mirin.com/pricing.

"Plan Fee" means the monthly price for your Plan as displayed at checkout at the time of your order, locked under the Rate Lock subsection of Section 4 for as long as your Plan subscription remains continuously active.

"Subscription Services" means professionally designed websites built and operated by us, hosted on mymirin.com or your custom domain, and billed monthly in advance through Stripe on a month-to-month basis with no minimum term, as described in Section 4.

"Billing Period" means each monthly cycle of your Plan subscription, beginning on the day your Plan subscription starts and recurring monthly until you cancel. Plans are month-to-month with no minimum term, as described in Section 4.

"Additional Services" means any work performed by us for a customer outside the scope of their original Plan, including design work, technical setup, custom integrations, and other professional services. Additional Services are categorized into the À La Carte Menu (pre-priced flat-rate items) and Hourly Work (custom requests billed at the Hourly Rate), each described in Section 9.

"À La Carte Menu" means our published, pre-priced flat-rate menu of common Additional Services, available at mirin.com/pricing. The À La Carte Menu may be updated from time to time; prices applicable to a given engagement are fixed at the time of your written approval.

"Hourly Rate" means our published per-hour rate for custom Additional Services that do not fit the À La Carte Menu, available at mirin.com/pricing. The Hourly Rate may be updated with thirty (30) days' notice; the rate applicable to a given engagement is fixed at the time of your written approval.

"Estimate" means a written summary of proposed Additional Services, including scope, fixed price (for À La Carte) or hour estimate at the Hourly Rate (for Hourly Work), and expected delivery window, provided by us prior to commencing the work.

"Done-For-You Website Services" means our combined service offering of a free Preview followed, only if you choose to keep the website, by a Plan subscription. This is our standard professional website design and ongoing service offering.

"Deliverable" means the completed website we produce for you under a Plan, hosted on our Platform.

"Customer Data" means all data, content, and materials you upload, submit, or create using our Services, including business information, website content, and lead capture data.

"Custom Components" means any code, templates, scripts, third-party integrations, or functionality you upload to or integrate with our Platform.

"Lead Data" means contact information and inquiries submitted by visitors through lead capture forms on your website, which is stored in our database and accessible through your dashboard.

"Agreement" means these Terms together with any Order Forms, Service Agreements, or other documents incorporated by reference.

Eligibility: Our Services are designed for business use. You must be at least 18 years old and have legal authority to enter into this Agreement on behalf of yourself or your business.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately at hello@mirin.com of any unauthorized use.

Accurate Information: You agree to provide accurate, current, and complete information during registration and subscription, and to update such information as necessary through your account dashboard.

Professional Licensing and Compliance: You are solely responsible for:

• Obtaining and maintaining all necessary business licenses, permits, and professional certifications required for your trade or business
• Ensuring your business practices comply with all applicable federal, state, and local laws and regulations
• Maintaining appropriate business insurance, including general liability and professional liability insurance
• Complying with consumer protection, privacy, and advertising laws in your jurisdiction
• Configuring and maintaining the notices, consent choices, and disclosures required for cookies, analytics, tracking, and third-party services used on your website
• Ensuring all information on your website is accurate, truthful, and not misleading

Lead Data Handling: Lead data collected through your website forms is stored in our database and accessible through your dashboard. You are responsible for complying with all applicable privacy laws regarding your use of this data and for any communications you send to leads.

Analytics, Cookies, and Third-Party Services: If you enable or connect Google Analytics or another analytics, tracking, advertising, or third-party service for your website, you are responsible for determining whether and how that service may be used, providing any required notices and choices, obtaining and recording any required consents, configuring the service lawfully, and complying with the applicable third party's terms and privacy documentation. Mirin's consent-related features are technical controls and do not constitute legal advice or a representation, warranty, or guarantee that your website or use of any third-party service complies with applicable law. As between you and Mirin, you are responsible for the privacy, cookie, tracking, and disclosure practices for your website, except to the extent non-waivable law provides otherwise.

Our IP: We retain all rights, title, and interest in and to the Platform, Services, and our proprietary technology, including all code, software, templates, and infrastructure. No license or rights are granted to you except as expressly set forth herein.

Your Business Content: You retain full ownership of your business content, including business information, photos, descriptions, and any other materials you provide for your website. You grant us a limited, non-exclusive license to host, display, and use your content solely to provide the Services to you.

Done-For-You Website License: For Done-For-You Website Services, you receive a license to use your website during your active Plan subscription. You retain ownership of your business content (text, images, descriptions, and branding elements you provide) at all times. The custom design, layout, and code we create remains our intellectual property and is licensed to you for use only during your active subscription. You acknowledge and agree that:

• The website code and components are designed to function within the Mirin Platform and may not function outside of our system
• We retain ownership of all design, layouts, code, frameworks, templates, reusable design patterns, and technical infrastructure
• We may reuse non-customer-specific design patterns, code structures, layouts, and methodologies in future projects for other customers
• Your business content (text, images, logo, photos, descriptions) remains your property at all times and may be exported by you for use elsewhere
• Upon cancellation or non-renewal, your license to the custom design and code ends, but your business content remains yours

Portfolio Rights: You grant us the right to display your completed website in our portfolio, marketing materials, and case studies. We may identify you as a customer unless you notify us in writing that you prefer to remain anonymous.

Custom Components: You retain ownership of your business content within Custom Components you upload. However, you grant us a perpetual, irrevocable, worldwide license to use, modify, and distribute the code and functional aspects of any Custom Components. We may make the code/functionality available to other customers or incorporate it into our Services, but we will not share your specific business content (text, images, branding).

Feedback: Any suggestions, feedback, or improvements you provide regarding our Services may be used by us without compensation or attribution.

Third-Party Content: You are responsible for ensuring you have the right to use any third-party content (stock photos, fonts, etc.) included on your website and that such use does not infringe on any third-party intellectual property rights.

IMPORTANT: You are solely responsible for all code, components, scripts, and third-party integrations you upload to or integrate with our Platform.

No Code Review: We do not review, audit, validate, or scan customer-uploaded code for security vulnerabilities, malware, or compliance with any standards. Custom Components are uploaded and executed at your own risk.

Third-Party Services: If you integrate third-party services (such as analytics tools, tracking pixels, payment processors, or other APIs) into your website through Custom Components, you are responsible for:

• Compliance with those third parties' terms of service and privacy policies
• Ensuring any data sharing complies with applicable privacy laws
• Disclosing such integrations to your website visitors as required by law
• Any fees, liabilities, or obligations arising from those integrations

Prohibited Code: You may not upload code that:

• Contains malware, viruses, or other malicious software
• Attempts to access our systems or other customers' data
• Mines cryptocurrency or performs unauthorized computations
• Violates any applicable law or third-party rights
• Could harm our infrastructure, other customers, or website visitors

Removal Rights: We reserve the right to remove any Custom Components that we reasonably believe violate these Terms or pose a security risk, without prior notice.

Subscription Activation: Upon subscribing, your website will be activated on a mymirin.com subdomain of your choice (subject to availability). You will gain access to your account dashboard to manage your subscription and domain settings.

Custom Domain Connection: You may connect a custom domain to your website at no additional charge. You are responsible for:

• Purchasing and maintaining registration of your custom domain through a domain registrar
• Configuring DNS settings to point your domain to our servers (documentation provided)
• Ensuring your domain remains active and renewed

Website Hosting: Your subscription includes hosting on our shared infrastructure. We do not guarantee specific bandwidth, storage limits, or uptime SLAs for subscription websites. We reserve the right to impose reasonable usage limits to maintain service quality for all customers.

Cancellation by You: Your Plan subscription is month-to-month with no minimum term. You may cancel at any time through your account dashboard, with no early-termination fee. Cancellation is effective at the end of your current Billing Period, and you will not be charged for any Billing Period that begins after your cancellation takes effect. You can cancel through the same online dashboard you used to subscribe, and cancellation requires no more steps than signing up did. We do not require you to call, chat, or speak with anyone to cancel.

No Refunds for the Current Billing Period: Because Plan Fees are billed monthly in advance and are non-refundable as described in Section 4, canceling part-way through a Billing Period does not entitle you to a refund of that month's Plan Fee. Your website and account remain active through the end of the Billing Period you have already paid for.

Restarting after cancellation: If your subscription has fully ended, any restart creates a new subscription. A restart is subject to a Plan that is currently available, its current price, a new payment authorization, and the Terms in effect when you restart. We do not guarantee your historic rate, agreement, or Plan availability. We also do not guarantee that a prior site, account configuration, or data can be restored.

Preview: The Preview is free. There is no payment or ongoing subscription to cancel for the Preview itself.

Effect of Cancellation:

• Your website (subdomain and custom domain) will be deactivated at the end of your billing period
• The first 90 days after cancellation are a reactivation period during which you may request a new subscription under the current available offer. Restoration remains subject to the restart terms above
• After the 90-day reactivation period, we will retain your account and data unless you explicitly request deletion, subject to applicable legal or operational retention requirements

Data Deletion Requests: We do not automatically delete customer data after cancellation or after the 90-day reactivation period. You may explicitly request deletion of your account and data. We will process a valid request subject to applicable legal, security, fraud-prevention, backup, and operational retention requirements.

Payment Failure: A failed Plan payment starts a three-day grace period at the time of the failed payment event. The website remains live during the grace period. If payment is not successfully resolved by the end of the third day, we deactivate publication until verified payment is received. Payment recovery restores publication promptly unless an effective cancellation, manual suspension, or another restriction independently applies. Payment suspension does not delete the website, account, or customer data. The 90-day reactivation period applies to cancellation, not to payment suspension, and data remains subject to the retention and deletion-request terms above.

Termination by Us: We may terminate this Agreement immediately for material breach, non-payment, or violation of these Terms. We may also terminate with 30 days' notice without cause.

EXCEPT FOR THE EXPRESS LIMITED WARRANTY PROVIDED FOR DONE-FOR-YOU WEBSITE SERVICES BELOW IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI-GENERATED CONTENT DISCLAIMER: Certain features of our Services, including our free website audit tool, use artificial intelligence to generate analysis, recommendations, and other content. AI-generated content is provided for informational purposes only and should not be relied upon as professional, technical, or business advice. AI-generated analysis may contain inaccuracies, may not reflect the most current information, and is not a substitute for consultation with a qualified professional. We do not guarantee the accuracy, completeness, or reliability of any AI-generated content. You acknowledge that you use AI-generated content at your own risk.

BUSINESS ADVICE DISCLAIMER: While we provide professional website design services, we do not provide, and you should not rely on us for:

• Professional advice regarding your trade, business operations, or industry practices
• Legal, accounting, or tax advice
• Guidance on licensing, permitting, or regulatory compliance for your business
• Business consulting or strategic planning services
• Marketing or advertising advice specific to your industry
• Guarantees about business outcomes, lead generation, or revenue

YOU ARE SOLELY RESPONSIBLE FOR:

• Your business operations and professional practices
• The quality and safety of services you provide to your customers
• Obtaining appropriate business and professional liability insurance
• Compliance with all applicable laws, regulations, and licensing requirements
• All content and representations made on your website
• Accuracy of information you provide during the intake process
• All code and third-party integrations you upload to the Platform

We do not warrant that:

• The Services will meet your specific business requirements or revenue expectations
• The Services will be uninterrupted, timely, secure, or error-free
• Any errors in the Services will be corrected within a specific timeframe
• Custom Components you upload will function correctly or securely
• Your website will generate leads, customers, or revenue

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL TREKEFFECT INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Cap for Subscription and E-commerce Services:

FOR SUBSCRIPTION WEBSITE SERVICES AND E-COMMERCE PLATFORM SERVICES, OUR TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO US IN THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Liability Cap for Done-For-You Website Services:

FOR DONE-FOR-YOU WEBSITE SERVICES, OUR TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL PLAN FEES YOU PAID TO US IN THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of whether the liability is based on contract, tort, strict liability, or any other legal theory.

Your Indemnification Obligations: You agree to defend, indemnify, and hold harmless Trekeffect Incorporated doing business as Mirin and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your Customer Data, business content, or business practices
• Custom Components, code, scripts, or third-party integrations you upload, including any security vulnerabilities, data breaches, privacy violations, malware, or harm to website visitors arising therefrom
• Content, text, images, or materials you provide for your website (including for Done-For-You Website Services)
• Your professional services, work product, or business operations
• Claims by your customers or third parties related to services you provided to them
• Your failure to obtain or maintain proper licensing, permits, or insurance
• Your infringement of any intellectual property or privacy rights of others
• Lead data you collect and your use of such data
• Your violation of any applicable laws or regulations

Clarification for Done-For-You Website Services: For Done-For-You Website Services, we are responsible for the code and design elements we create. You are responsible for the accuracy, legality, and appropriateness of all content, text, images, trademarks, and business information you provide to us during the intake process or otherwise. If a claim arises from content you provided, you are responsible for indemnifying us. If a claim arises solely from a defect in the code or design we created (and not from content you provided), we will not seek indemnification from you for that specific claim.

We will provide you with reasonable notice of any such claim and cooperate with you in the defense thereof.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law provisions.

Jurisdiction: Any legal action or proceeding arising from or relating to these Terms shall be brought exclusively in the state or federal courts located in Connecticut, and you hereby consent to the personal jurisdiction and venue therein.

Dispute Resolution Process:

1. Direct Communication: Contact our legal team first to attempt resolution
2. Mediation: If direct communication fails, disputes shall be submitted to binding mediation
3. Litigation: Only if mediation fails may either party pursue litigation in the courts specified above

Entire Agreement: These Terms constitute the entire agreement between you and Trekeffect Incorporated doing business as Mirin regarding the Services and supersede all prior agreements and understandings.

Modifications: We may update these Terms from time to time. We will provide notice of material changes by email or through the Services. Continued use of the Services constitutes acceptance of the modified Terms.

Prior Versions: Customers who purchased Services under prior versions of these Terms are bound by the version of the Terms in effect at the time of their purchase, except as expressly modified by mutual written agreement. Modifications to these Terms apply prospectively to new purchases unless otherwise required by law.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Assignment: You may not assign or transfer these Terms without our written consent. We may freely assign these Terms.

Force Majeure: Neither party shall be liable for any failure to perform due to causes beyond its reasonable control, including natural disasters, government actions, or telecommunications failures.

Electronic Communications: You consent to receive communications from us electronically, and such communications satisfy any legal requirement that communications be in writing.