Please note that Mila is a subscription service. By signing up for Mila air purifiers units, you are agreeing to the following:
(www.mymila.co/legal.html), govern your use of the Mila service. By using, visiting, or browsing the
Such revisions shall be effective immediately; provided however, for existing subscribers, such
revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post
i. Ongoing Subscription.
The Mila service is a subscription service whereby we lease you one or more Mila air purifier units (“Milas”) and we send you air filters for such units approximately every 91 days. The monthly subscription rate you agree to (your “Initial Rate”) when you sign up for the Mila service will be your monthly rate for the first 2 years of your Mila subscription.
Please note that although you are agreeing to a monthly rate, your Payment Method will be billed quarterly (every three months) at the Initial Rate multiplied by three months, unless and until you cancel your subscription or we terminate it. (Please see “Billing” below, and “Cancellation” for the consequences of terminating prior to the end of your initial 2-year period). You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time on our website, "Payment Method") to use the Mila service. We will bill to your Payment Method the monthly subscription fee for the next three months in advance every three months. You must cancel your subscription before it renews in a quarter in order to avoid billing of the next quarter’s subscription fees to your Payment Method.
Please also note that the foregoing applies to the rate that you signed up for, denominated in the currency you signed up for, only. That is, if you sign up for a rate in RMB but your credit card company bills you in dollars, the dollar amount you pay may be different because of exchange rate fluctuations, but your RMB rate will stay the same.
ii. Differing Subscriptions.
b. Billing and Cancellation
i. Recurring Billing.
By starting your Mila subscription and providing or designating a Payment Method, you authorize us to charge you a quarterly service fee (three times your Initial Rate) and any other charges you may incur in connection with your use of the Mila service (including cancellation fees or penalties) to your Payment Method. You acknowledge that the amount billed each quarter may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges. PLEASE NOTE, HOWEVER, that during the first 2 years of your subscription, we will NOT increase your monthly subscription rate above your Initial Rate.
ii. Price Changes.
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. During the first 2 years or your subscription, we will NOT increase your monthly subscription rate above your Initial Rate. However, we may offer promotional or other offers to future customer, which may be at a lower rate than your Initial Rate, and you will not receive the benefit of this lower rate
iii. Billing Periods and Cycle.
iv. No Refunds.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS (other than the Grace Period). Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
v. Payment Methods.
To change your Payment Method, please email us at firstname.lastname@example.org , available at the top of the pages of the Mila website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
PLEASE READ THESE NEXT SECTIONS CAREFULLY. IF YOU CANCEL BEFORE YOUR 2-YEAR COMMITMENT IS OVER, YOU WILL HAVE TO PAY A PENALTY.
You may cancel your subscription at any time within 7 days of placing your order (the“Grace Period”) and we will provide you with a full refund, provided that you return the Mila units to us in “new” or “like new” condition within 10 days after your cancellation. We will give you instructions for returning the units upon cancellation, and will charge you a 50RMB shipping and restocking fee.Following the Grace Period, you may cancel your Mila subscription at any time (subject to the terms below), and you will continue to have access to the Mila service through the end of your quarterly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OTHER THAN THE GRACE PERIOD. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation, or email us at email@example.com .
vii. Cancellation and Return of Mila unit.
Cancellation before your 2-year subscription is over.
If you cancel your Mila subscription prior to the day that is 2 years from when you first signed up, you
(a) will forfeit your Deposit; and
(b) may be subject to a “Replacement Fee” or a “Cancellation Fee” (each as described below). You will return the Mila unit(s) in good condition (normal wear and tear excepted) back to us at your expense. Upon cancellation, we will instruct you on returning the units and charge a 50RMB shipping and handling fee.
If (i) we DO NOT receive the Mila unit(s) from you within THIRTY (30) days of your cancellation, or (ii) if the units are excessively damaged or inoperable, we will charge your Payment Method a REPLACEMENT FEE OF:
Your Initial Rate per unit not returned or damaged, multiplied by the number of months outstanding on your Mila subscription.
If (i) we DO receive the Mila unit(s) from you within THIRTY (30) days of your cancellation, and (ii) if the units are not excessively damaged or inoperable, we will charge your Payment Method a CANCELLATION FEE OF:
RMB 40 per unit we receive in good condition, multiplied by the number of months outstanding on your Mila subscription.
viii. Cancellation and End of 2-Year subscription
At the end of your 2-year Mila subscription period, you will be notified through the email address you have provided to us of your new quarterly payment (which will likely be lower than your Initial Rate per quarter). Thereafter, you can cancel your Mila subscription at any time.
By using the Mila service, you consent to receiving electronic communications from Mila Company relating
to your account. These communications may involve sending emails to your email address provided during
registration, or posting communications on the Mila service, or in the "Your Account" page and will
include notices about your account (e.g., payment authorizations, change in password or Payment Method,
confirmation e-mails and other transactional information) and are part of your relationship with Mila
Company. You agree that any notices, agreements, disclosures or other communications that we send to you
electronically will satisfy any legal communication requirements, including that such communications be
in writing. You should maintain copies of electronic communications by printing a paper copy or saving
an electronic copy. You also consent to receiving certain other communications from us, such as
newsletters about new Mila features and content, special offers, promotional announcements and customer
surveys via email or other methods.
a. You may use the Mila service primarily within the country in which you have established your account
and only in geographic locations where we offer our service. The functionality of Mila may vary if you
take your Mila outside the geographic location in which you purchased it.
b. We continually update the Mila service. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
c. You agree to use the Mila service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Mila service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Mila service; insert any code or product or manipulate the content of the Mila service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Mila service, including any software viruses or any other computer code, files or programs.
d. The availability of air quality data will change from time to time, and from country to country. The quality of the data you receive may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. The Mila service requires (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Milas; (ii) mobile clients such as a supported phone or tablet (required for some functionality); and (iii) always-on broadband Internet access in your home. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Mila service may not work as described when the requirements and compatibility have not been met. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
e. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE MILA SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THIRD PARTY-DEVICES USED TO ACCESS OUR SERVICE, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device used to access our service (other than the Mila unit) for any issues related to such device and its compatibility with the Mila service. If your Mila unit is sold, lost or stolen, please deactivate the Mila ready device. If you fail to log out or deactivate your device, subsequent users may access the Mila service through your account and may be able to access certain of your account information.
a. The member who created the Mila account and whose Payment Method is charged is referred to here as
the “Account Owner.” The Account Owner has access and control over the Mila account. The Account Owner's
control is exercised through use of the Account Owner's password and therefore to maintain exclusive
control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner
wishes to prohibit others from contacting Mila Customer Service and potentially altering the Account
Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits
of their credit or debit card, or their email address if they use PayPal) associated with their account.
You are responsible for updating and maintaining the truth and accuracy of the information you provide
to us relating to your account.
a. THE MILA SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MILA SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MILA COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MILA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. MILA COMPANY AND ITS AFFILIATE SPECIFICALLY DISCLAIM LIABILITY FOR THE USE OF APPLICATIONS, AND MILA READY DEVICES (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL MILA COMPANY, OR ITS AFFILIATES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
The Mila service, including all content provided on the Mila service, is protected by copyright, trade secret or other intellectual property laws and treaties.
Mila is a registered trademark of Vitality Ventures Company Limited.
construed in accordance with the laws of the Peoples Republic of China.
c. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
Mila Company is free to use any comments, information, ideas, concepts, reviews, or techniques
or any other material contained in any communication you may send to us ("Feedback"), including
responses to questionnaires or through postings to the Mila service, including the Mila website and user
interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you
for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing
products and creating, modifying or improving the Mila service. In addition, you agree not to enforce
any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
To find more information about our service and its features, or if you need assistance with your
account, please visit Mila Help Center http://mymila.co/support.php In
a. If you are a Mila member in the Peoples Republic of China, you and Mila Company agree that any
dispute, claim or controversy arising out of or relating in any way to the Mila service, these Terms of
Use and this Arbitration Agreement, shall be determined by binding arbitration by the Shanghai branch of
International Economic and Trade Arbitration Commission in Shanghai (“CIETAC”) governs the
interpretation and enforcement of this provision, and that you and Mila Company are each waiving the
right to a trial or to participate in a class action. This arbitration provision shall survive
If you elect to seek arbitration, you must first send to Mila Company, by certified mail, a written Notice of your claim ("Notice"). The Notice to Mila Company must be addressed to: General Counsel, , Vitality Ventures Company Limited, 9D, Catic Tower, No. 212, Jiangning Road, Jing’an District, Shanghai 200041, China ("Notice Address"). If Mila Company initiates arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by Mila Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Mila Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Mila Company may commence an arbitration proceeding.
unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in
full force and effect.