⚠️ Founder-reviewed interim version — posted 2026-10-12. This page has been reviewed by BNC Solutions LLC's founder for accuracy about how Mimi Care actually operates. An independent attorney review is in progress. We will update this page and note the date when that review completes. Material changes require your re-acceptance per Section 13A.
What changed in this version (Section 5): all purchases are final; passes and top-ups are described as the one-time purchases they are; and a new paragraph explains what happens when a charge is disputed or reported as unauthorized. Because this changes refunds, we are asking you to accept it: it applies to you once you accept it, and to a new account when it is created.
Mimi Care Terms of Service
Effective date: 2026-10-12 Last updated: 2026-10-12 Version: 3.5
1. Acceptance
These Terms are a contract between you and BNC Solutions LLC ("BNC", "we"). By creating a Mimi Care account, installing the app, or linking a Primary User's device, you agree to these Terms. If you don't agree, don't use the service.
2. Eligibility — United States only
- Mimi Care is offered only to natural persons age 18 or older residing in the United States (including Puerto Rico, US Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands).
- By creating an account, you represent and warrant that you are a US resident, your billing address is in the United States, and you have lawful authority to use and pay for the service.
- Non-US residents are not permitted to use the service. Accounts determined to be outside the United States may be suspended without refund.
- The Primary User whose device is linked can be any age 18+, but the adult who sets up the account confirms that the Primary User consents to using the app.
- One account may cover one or more Primary Users, subject to your plan.
- Why US-only. Mimi Care complies with US state and federal consumer-protection, privacy, and AI-disclosure laws. We do not currently offer the service in a form that satisfies the GDPR (European Union), the UK Data Protection Act, or other non-US regulatory frameworks. Restricting availability to the United States lets us operate under a consistent legal regime. Misrepresenting your location or US residency is a material breach of these Terms and may result in suspension without refund.
2A. Parties — Account Holder and Primary User
- Account Holder: a natural person age 18 or older who creates the account, is billed for the service, and is the legal contracting party under these Terms. The Account Holder is the payer of record and the responsible party for authorizing Primary User access.
- Primary User: a person whose device is linked to the Account Holder's subscription. Primary Users are not parties to this contract; all acceptance, consent, and billing authority flows through the Account Holder.
- Authority to bind. The Account Holder represents and warrants that they have lawful authority to subscribe on behalf of any Primary User linked to the account — for example, as a trusted contact setting up for another consenting adult, as an agent under a valid power of attorney, or as a court-appointed guardian.
- No creation of guardianship. Nothing in this service makes Mimi Care a guardian, fiduciary, or agent of the Primary User.
- Capacity and revocation. If the Primary User loses decisional capacity, the Account Holder agrees to promptly notify Mimi Care and either produce documentation of authority (POA, guardianship) or discontinue the Primary User's access. A licensed guardian or POA-holder not already the Account Holder may assume control of the account by written request with documentation.
2B. Your role as Account Holder, and what we'll tell you
As the Account Holder you are the legal contracting party for this account; billing, policy acceptance, and account controls run through you. You are not a guardian, fiduciary, agent, or healthcare caregiver of the Primary User by virtue of using this service.
As the Account Holder, you will receive:
- Safety alerts, when our systems detect possible self-harm, a medical emergency happening now, or someone pressuring the Primary User for money. We deliver these by notification to the Mimi Care app of each family member on the account, or — if the notification cannot reach any family member's app — by email to the Account Holder. They never include the Primary User's words.
- A general notification when our systems detect possible verbal abuse or coercion of the Primary User by someone they know, unless you have turned those notifications off (see §6A).
- SOS alerts, by notification and email, when the Primary User uses the SOS button.
- Scam alerts and other updates — for example, when the AI flags a photo, screen, or email as a likely fraud attempt — as the Primary User's sharing choices and your notification settings allow (Privacy Policy §8F).
- Subscription and billing notices.
Where law requires, we may also notify authorities directly (see §6A).
You will not receive a transcript of every conversation the Primary User has with Mimi Care. You always see how often the Primary User uses Mimi Care and that a recording was made, when, and how long it was; beyond that, you see only what the Primary User's sharing choices allow (Privacy Policy §8F).
By accepting these Terms you confirm that you understand your role as the Account Holder, that you have lawful authority to act for any Primary User linked to your account, and that you accept the responsibilities described here.
3. What Mimi Care is — and isn't
Mimi Care is a voice-first mobile app that uses AI to describe and explain photos the Primary User takes — bills, mail, medication labels, possible scams, screens, and similar everyday documents.
Mimi Care is an informational tool. It is not:
- Medical, pharmaceutical, or clinical advice
- Legal advice
- Financial, tax, or investment advice
- An emergency service
- A replacement for a doctor, pharmacist, lawyer, accountant, or trusted contact
Do not take action based solely on what Mimi Care says. Always confirm important decisions — paying a bill, taking a medication, clicking a link, giving anyone money or information — with a qualified professional or someone you trust.
The AI may be wrong, incomplete, or misread a document. That is a known limitation.
The plain-language AI Disclosure at mimicare.ai/ai-disclosure — which explains in everyday language how the AI reads your photos, what it can and cannot do, and its known limitations — is incorporated into and forms part of these Terms.
4. Your account
- The adult who sets up the account is the Account Holder. They are responsible for activity on the account and for keeping contact info current.
- Primary Users link to the account using a one-time token (SMS link or on-device setup). No password is required for the Primary User.
- Keep your login for Apple, Google, or email magic-link (used for sign-in) secure. You are responsible for unauthorized access that results from your login being compromised.
- You agree the information you provide about yourself and the Primary User is accurate.
5. Subscription and billing
Mimi Care is sold through three channels:
- (a) Apple In-App Purchase on iOS
- (b) Google Play Billing on Android
- (c) Stripe for web purchases at app.mimicare.ai
Each channel's billing, renewal, and refund policies govern purchases made through that channel.
Plans and prices are shown in the app and on mimicare.ai/pricing at the time of purchase. Taxes are collected by Apple, Google, or Stripe according to your billing address.
What you can buy.
- Subscriptions — the monthly plans. They renew automatically, as described below.
- Passes — the 3-Day Pass and the 7-Day Pass. A pass is a one-time purchase: it is paid once, gives access for 3 or 7 days from the time you buy it, and then ends on its own. It does not renew, so there is nothing to cancel.
- Top-ups — extra helps or voice minutes for one person on an active plan. A top-up is a one-time purchase: it is paid once and does not renew. It counts for the person it was bought for and expires at the end of the plan's current billing period; anything left unused then does not carry over.
Automatic renewal — please read. Mimi Care subscriptions are automatically renewing. Unless you cancel, your subscription will automatically renew at the end of each monthly billing period, and the payment method on file will be charged the then-current price for the next period at or near the start of that period, until you cancel. The renewal term length and renewal price are the same as your current term unless we notify you of a change in advance as required by law. By purchasing a subscription you authorize these recurring charges. Where required by applicable state automatic-renewal law (including California Business & Professions Code §§17600–17606), we (or the platform that processes your purchase) provide the renewal terms in a clear and conspicuous manner before purchase, obtain your affirmative consent, and send any reminder or acknowledgment notices the law requires. You can cancel at any time, effective at the end of the current billing period; cancellation stops future renewals but does not retroactively refund the current period except as stated below.
To cancel:
- Apple IAP purchases: cancel via Apple App Store → Subscriptions.
- Google Play purchases: cancel via Google Play → Subscriptions.
- Stripe web purchases: cancel in the billing section of your account at app.mimicare.ai.
When a death is reported, or the account is deleted. When a death is reported to us and no seat on the account is still in use or being set up, or when the account is deleted, we stop the subscription from renewing at the end of the period already paid for, with no refund: a subscription paid by card through Stripe or through Google Play is canceled automatically, including one that is paused or on hold. Apple lets only the person who bought an App Store subscription cancel it, so we email the Account Holder the steps. If a seat that was still being set up when the death was reported is never finished, we stop renewal when its invitation expires and email the Account Holder. If, after a death report, a seat on the account is in use again — the report is withdrawn, or a seat is added or reopened — we turn card renewal back on if the paid period has not ended (unless a plan change the Account Holder had scheduled cannot be scheduled again: then renewal stays off and we ask them to choose their plan again), and email the Account Holder what that means for their plan, including when a card subscription renews and how to cancel it, and how to restore a Google Play or App Store subscription. See the Privacy Policy, §9.
All purchases are final.
- Except where the law requires otherwise, all purchases are final and non-refundable: subscriptions (including the rest of the current period after you cancel), passes, and top-ups, including any part you do not use.
- We may, at our discretion, offer a refund or credit in a particular case. Doing so does not oblige us to do it again, or for anyone else.
- Purchases made through Apple or Google are also subject to their refund policies, which they apply themselves. We can ask them on your behalf but cannot override their decisions.
- Nothing in this section limits any non-waivable refund or cancellation right you have under applicable law, including any statutory "cooling-off" or automatic-renewal cancellation right.
Questions about a charge, and disputed charges.
- Charges for web purchases appear on your card statement as BNC MIMI CARE*.
- If you have a question about a charge, please email support@mimicare.ai first. We can usually resolve it faster than a dispute with your bank.
- If you dispute a charge with your bank or card issuer, we may give the payment processor the records of that purchase and of your acceptance of these Terms so it can respond to the dispute.
- If a bank or card issuer tells us that a payment for Mimi Care was not authorized by the cardholder, or a charge is disputed as fraudulent, we may immediately end the plans and passes on the account that were bought on our website, and pause new purchases on the account until we have reviewed it. Ending a plan or pass this way does not entitle anyone to a refund. If the payment was yours, email support@mimicare.ai and we will work it out with you.
6. Acceptable use
You agree not to:
- Use Mimi Care to impersonate another person or misrepresent the Primary User
- Submit photos of other people's mail or documents without their consent
- Scrape, reverse-engineer, or automate the service beyond normal app use
- Use Mimi Care to harass, defraud, or harm anyone
- Introduce malware, probe for vulnerabilities, or abuse rate limits
- Resell or sublicense the service
- Use Mimi Care in ways that violate applicable law
We may suspend or terminate accounts that violate this section.
6A. Reporting obligations and safety incidents
Mimi Care uses automated classifiers to detect certain categories of content and to help authorities protect users and third parties. Your agreement to these Terms constitutes your acknowledgment and consent to the following practices.
- Child sexual abuse material (CSAM). Consistent with federal law (18 USC §2258A), apparent CSAM is reported to the National Center for Missing and Exploited Children (NCMEC). We rely on the Cloudflare CSAM Scanning Tool, which may report hash matches of known CSAM to NCMEC. If we are notified of a match for a help we stored, we keep an encrypted copy of that help as evidence for 7 years (Privacy Policy §8A). Our staff may suspend the account; any suspension is a staff decision, not an automatic one.
- Threats of violence against identifiable third parties. Where Mimi Care's automated systems detect language indicating a credible threat of violence against an identifiable third party, Mimi Care may preserve the relevant transcript and aggregate identifying metadata from your account, and our staff may, at Mimi Care's sole discretion and consistent with applicable law, voluntarily refer the matter to the Federal Bureau of Investigation or local law enforcement. Account Holder acknowledges that such referrals may occur without prior notice.
- Self-harm, medical emergencies, and money pressure. If the Primary User expresses suicidal ideation or acute distress, Mimi Care will route the user to 988 (the Suicide and Crisis Lifeline); if they describe a medical emergency happening now, Mimi Care will direct them to 911. In these cases, and when the Primary User describes someone pressuring them for money, Mimi Care will notify the family on the account as described in §2B — without sharing the Primary User's words. If the Primary User is also the Account Holder and no other family member is on the account, Mimi Care has no one to notify; it will still route the Primary User to 988 or 911. In cases of apparent imminent self-harm, our staff may additionally provide identifying information to local law enforcement for a welfare check, consistent with applicable state law.
- Elder abuse. Where Mimi Care flags apparent elder-abuse indicators from voice or text (including but not limited to verbal abuse reports or coercion signals), Mimi Care sends the family on the account a general notification that does not include the Primary User's words (unless a family member has turned those notifications off), and alerts our staff. Our staff decide whether to refer the matter to the appropriate state Adult Protective Services agency; no referral is made automatically. Account Holder acknowledges that such referrals may be made without prior notice to the Account Holder, including when a reasonable basis exists to believe the Account Holder is the suspected abuser.
- Political content is out of scope. Mimi Care does not analyze, report, refer, or preserve content regarding political figures, political parties, elections, public officials, or partisan topics. Such content is refused at the classifier layer and is never routed to any reporting channel, regardless of the framing or language used.
6B. No duty to detect, prevent, or warn
- Mimi Care is an AI-assisted informational tool. It is not a monitoring service, a caregiver, a guardian, or a licensed professional of any kind.
- Mimi Care attempts in good faith to recognize some scam patterns, medical emergencies, safety incidents, and abuse indicators, and to route users to appropriate resources. Mimi Care makes no guarantee that it will detect any specific risk or prevent any specific harm. The absence of a warning is not a guarantee of safety; the presence of a warning is not a guarantee of risk.
- Account Holder and Primary User agree not to rely on the service as the primary or sole safeguard against fraud, medical events, abuse, self-harm, or any other harm. Treat Mimi Care as one informational input among many; verify anything that matters with qualified professionals or trusted contacts.
6C. Voice recording consent
- Mimi Care records the Primary User's voice to transcribe questions and conversations, and runs safety classifiers on the text. The audio of questions and conversations is not kept once it has been turned into text; the text is kept as described in the Privacy Policy (§5, §8E, §8F). Recordings the Primary User makes with the optional Conversation Recorder are kept, encrypted, as described in Privacy Policy §8D, and are covered by the Voice Recording Consent.
- Account Holder warrants that they have authority to enable voice recording on the Primary User's behalf. In jurisdictions requiring multi-party consent (including California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington), Account Holder confirms that the Primary User has been informed of the recording practice and has consented.
7. Your content
You retain ownership of the photos and questions you submit. You grant BNC a limited, non-exclusive, worldwide license to process that content solely to deliver and secure the service (send it to the AI, return an explanation, detect scams and safety risks, store the help so it can be seen again, and keep the AI request logs we use to fix problems and check the quality of answers). Each help — its photos, explanation, conversation, and spoken explanation — is stored on our servers, encrypted under a Mimi Care platform key (not a key unique to your account), for 180 days by default or longer if the Primary User — or a family member who can see it — chooses "Keep forever", and can be deleted at any time, as described in the Privacy Policy (§8E). Conversation recordings are kept as described in Privacy Policy §8D, and copies of what is sent to the AI are kept in our AI request logs (Privacy Policy §5). We do not use your content to train AI models.
8. Our intellectual property
The Mimi Care app, website, branding, voice assets, prompts, and backend are owned by BNC or our licensors and are protected by copyright and trademark law. We grant you a personal, non-transferable, non-exclusive license to use the app as intended.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, TITLE, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
We specifically disclaim warranties that AI output is accurate, complete, current, or suitable for any decision. You accept that AI makes mistakes and you will verify anything that matters. No advice or information, whether oral or written, that you obtain from Mimi Care or through the service creates any warranty not expressly stated in these Terms.
Some states do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you. In that case, any implied warranty that cannot lawfully be excluded is limited to the shortest period and the narrowest scope permitted by applicable law.
10. Limitation of liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW:
- BNC is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost data, lost profits, lost goodwill, or missed opportunities, even if BNC has been advised of the possibility of such damages.
- BNC's total aggregate liability for any and all claims arising out of or relating to the service or these Terms is limited to the greater of (a) $100 or (b) the subscription fees you paid us in the 12 months before the event giving rise to the claim.
- These limitations apply regardless of the legal theory on which a claim is based (contract, warranty, tort, negligence, strict liability, statute, or otherwise) and even if a limited remedy fails of its essential purpose.
- The disclaimers in Section 9 and the limitations in this Section 10 protect BNC and the other BNC Parties (as defined in Section 11) and, as a third-party beneficiary under Section 15, Apple — to the same extent they protect BNC.
What these limits do not cover. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — including liability for death or personal injury caused by our negligence, for our gross negligence, willful misconduct, or fraud, or for any other liability that the law does not permit us to limit. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability is limited to the smallest amount and narrowest scope allowed by law.
11. Indemnification (defense and hold harmless)
Your indemnity. You agree to indemnify, defend, and hold harmless BNC and its affiliates, and each of their officers, directors, employees, agents, and licensors (the "BNC Parties"), and — solely as a third-party beneficiary to the extent provided in Section 15 — Apple, from and against any third-party claims, demands, losses, liabilities, damages, and reasonable expenses (including reasonable attorneys' fees) arising out of or relating to (a) your misuse of the service; (b) content you submitted that you had no right to submit, or that infringes or violates another person's rights; (c) your breach of these Terms or of any law; or (d) your representation that you have authority to act for a Primary User when you do not.
Procedure. We will notify you of any claim subject to indemnification, and you will cooperate in the defense. We may, at our option, control the defense and settlement of any such claim at your expense. Neither party will settle any claim in a way that imposes a non-indemnified obligation, a payment, or an admission of fault on the other party without that party's prior written consent (not to be unreasonably withheld).
Our reciprocal indemnity. We will indemnify and defend you, in equal measure, against third-party claims that Mimi Care's service itself infringes a U.S. copyright or trademark, provided you notify us promptly, do not compromise the claim, and reasonably cooperate. Except as required by Section 15, this and the above are the only indemnities under these Terms.
12. Termination
- You may stop using Mimi Care at any time by cancelling your subscription and deleting your account.
- We may suspend or terminate accounts for violation of these Terms, for prolonged inactivity, or if we discontinue the service. Where possible, we will give notice.
- When a payment is reported as unauthorized or disputed as fraudulent, we may end plans and pause purchases as described in Section 5.
- Sections that by their nature should survive termination continue in effect, as set out in the Survival provision in Section 16.
13. Governing law and dispute resolution
These Terms are governed by the laws of the State of New York, without regard to conflicts-of-law rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.
Informal resolution first. Before starting an arbitration or court proceeding, you and BNC agree to try to resolve the dispute informally for at least 60 days. To start, send a written Notice of Dispute to support@mimicare.ai (or to the mailing address in Section 17) describing the dispute and the relief you want, with your account email. We will send any Notice of Dispute to you at the email on file. Both parties agree to negotiate in good faith. This 60-day informal-resolution period is a precondition to filing arbitration, and any limitations period (deadline to bring a claim) is tolled while it runs.
Arbitration. If the dispute is not resolved within 60 days, any dispute between you and BNC will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (available at adr.org). The seat of arbitration is New York County, New York; the arbitrator may also allow proceedings to be conducted by telephone or video, or decided on written submissions. The arbitrator may award any individual relief a court could.
Arbitration fees. Payment of all filing, administration, and arbitrator fees is governed by the AAA Consumer Arbitration Rules, which require BNC to bear most such fees for consumer claims. In any dispute you bring against us, we will not seek our attorneys' fees from you unless the arbitrator finds your claim was frivolous or brought for an improper purpose. This does not limit your indemnification obligations under Section 11.
No class actions. Disputes must be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. You and BNC waive class, collective, consolidated, and representative actions to the fullest extent permitted by law; the enforceability of this waiver is decided as provided in "Who decides what" below.
Coordinated/mass filings. If 25 or more similar Notices of Dispute are submitted by or with the assistance of the same or coordinated counsel, the claims will be administered in staged batches of no more than 50, with a small number of "bellwether" cases arbitrated first to encourage informal resolution of the remainder. Bellwether outcomes are not binding on any claimant who is not a party to that bellwether arbitration; every claimant retains the right to an individual arbitration of their own claim. This batching is a case-management convenience and does not create any class, collective, or representative proceeding. The arbitrator may reasonably adjust the sequencing and batch size to manage the caseload.
Who decides what. The arbitrator — not a court — has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court (not an arbitrator) decides whether the class, collective, consolidated, and representative-action waiver in the "No class actions" paragraph above is enforceable or was validly formed. If that waiver is found unenforceable as to a particular claim or request for relief, then only that claim or request for relief is severed and proceeds in court, while all other claims proceed in arbitration.
Small claims. Either party may instead bring a qualifying claim in small-claims court, up to that court's jurisdictional limit, so long as the matter stays in that court and proceeds on an individual (non-class) basis.
Opt-out. You may opt out of this arbitration agreement (Section 13) by emailing support@mimicare.ai within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and your account email. We will record your opt-out and confirm by reply. Opting out of arbitration does not affect any other part of these Terms, and does not affect any arbitration agreement in a prior or future version you did not opt out of.
Survival. This Section 13 survives termination of these Terms and the closure of your account.
13A. Consent versioning
- Material amendments to these Terms (which now incorporate the AI Disclosure, US-eligibility, and trusted-contact-role terms) or to the Privacy Policy require Account Holder's affirmative re-acceptance. Continued use after notice without re-acceptance will trigger a service hold on non-emergency features until re-acceptance is recorded. A version that only corrects our description of how Mimi Care works, or that can only lower what you pay or add a protection — never raise a charge or take away a right — takes effect when it is posted, without the 30-day notice in Section 14; we may still ask you to accept it.
- Each consent event is recorded with the document hash, version, acceptance timestamp, IP address, user agent, and consent-button label (ESIGN Act / UETA electronic-signature compliance). By tapping any "I Agree" button in the service you are signing this agreement electronically; your electronic signature has the same effect as a handwritten signature. You have the right to receive a paper copy of any document you have accepted by emailing support@mimicare.ai.
14. Changes
We may update these Terms. Material changes will be announced in-app and at mimicare.ai/terms at least 30 days before they take effect, and will require your re-acceptance per Section 13A. A version that only corrects our description of how Mimi Care works, or that can only lower what you pay or add a protection — never raise a charge or take away a right — takes effect when it is posted and needs no 30-day notice (Section 13A). Version 3.5 changes refunds — all purchases are final — and adds the paragraph on disputed charges in Section 5. Because it changes refunds, it applies to you once you accept it (each Account Holder is asked to), and to a new account when it is created. Continued use after the effective date of a non-material change means you accept the change.
15. App store terms (Apple and Google)
If you obtained Mimi Care through the Apple App Store or Google Play, the following additional terms apply. In case of any conflict between this Section 15 and the rest of these Terms, this Section 15 controls for the affected app store, but only to the extent of the conflict.
15.1 Apple App Store. These Terms are between you and BNC only, not Apple, and Apple is not responsible for Mimi Care or its content.
- Your license to use Mimi Care is a non-transferable license to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Maintenance and support for Mimi Care is BNC's sole responsibility; Apple has no obligation to furnish any maintenance or support.
- Warranty. BNC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If Mimi Care fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the app's purchase price to you (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to Mimi Care.
- Product and IP claims. BNC, not Apple, is responsible for addressing any claims by you or a third party relating to Mimi Care or your use of it, including (a) product-liability claims; (b) any claim that Mimi Care fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer-protection, privacy, or similar legislation; and (d) third-party claims that Mimi Care or your use of it infringes that third party's intellectual-property rights.
- Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right (and are deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
- Apple may contact you regarding Mimi Care; questions, complaints, or claims about Mimi Care should be directed to BNC at support@mimicare.ai.
15.2 Google Play. If you obtained Mimi Care through Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for Mimi Care. Billing, renewal, and refunds for Google Play purchases are handled by Google under its terms.
16. General provisions
- Entire agreement. These Terms, together with the Privacy Policy and the AI Disclosure (each incorporated by reference), are the entire agreement between you and BNC about Mimi Care and supersede any prior or contemporaneous agreements, proposals, or understandings on this subject.
- Severability. If any provision of these Terms is held unenforceable, that provision will be limited or reformed to the minimum extent necessary to make it enforceable, and the remaining provisions will stay in full force and effect. (The class-action waiver in Section 13 has its own, more specific severability rule, which controls for that provision.)
- No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. A waiver is effective only if in writing and signed by an authorized BNC representative.
- Assignment. You may not assign or transfer these Terms or your account without our prior written consent, and any attempt to do so is void. BNC may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, on notice to you.
- Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, acts of government, or the failure or unavailability of a third-party provider, carrier, or app store.
- Notices. We may give you notices by email to the address on your account, by in-app message, or by posting at mimicare.ai. You agree that electronic notices satisfy any legal requirement that a notice be in writing. You may give us notice at support@mimicare.ai or at the mailing address in Section 17.
- No agency. These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and BNC.
- Headings. Section headings are for convenience only and do not affect interpretation.
- Survival. Any provision that by its nature should survive termination — including Sections 2A (authority and revocation), 5 (fees accrued before termination), 6A, 6B, 7, 8, 9, 10, 11, 13, 13A, 15 (including Apple's third-party-beneficiary rights), and 16 — survives termination of these Terms and the closure of your account.
17. Contact
BNC Solutions LLC 418 Broadway, Ste. N Albany, NY 12207
A Spanish-language informational translation of these Terms is available at mimicare.ai/terms?lang=es. The English version is the legally binding agreement.