Mila Terms of Use

WELCOME TO MILA!


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Please note that Mila is a subscription service. By signing up for Mila air purifiers units, you are agreeing to the following:

  • You are making a 2 year minimum commitment to subscribe for Mila filters (your “Mila subscription”). You are leasing the Mila air purifier units (“Milas”) from us and must return them to us if you cancel.
  • Your credit card [or payment method] will be billed “monthly,” which we define as every calendar month on the 1st day of the month, for your subscription amount. Payments recur monthly until cancelled.
  • Your credit card [or payment method] will be billed in advance, with the first payment charged at sign-up, prior to the delivery of the Mila units and filters.
  • Your monthly rate will be fixed for 2 years. After 2 years, your rate will decrease..
  • If you cancel your subscription within 2 years, you will be charged a cancellation fee, and you must return the Milas to us (we will pay for postage). If you cancel within two years and you do not return the Mila air purifier units to us, we will charge you an additional fee for the Milas. Further details about these fees and how we calculate them is below.
  • After your 2-year initial subscription ends, you can cancel your subscription at any time.
  • You may cancel your subscription within 14 days of your sign up date and return the machines in “like new” condition. You will be charged a small handling fee.
  • We are an air purifier company that regularly provides our subscribers with new air filters for use in Mila air purifier units (“Milas,” and each, a “Mila”). These Terms of Use govern your use of our service. As used in these Terms of Use, "Mila service," "our service" or "the service" means the service provided by Mila whereby we lease you Milas and send you new air filters for your Mila on a regular basis, and includes all features and functionalities of a Mila or the Mila mobile application (the “Mila App”), our website, and user interfaces, as well as all content and software associated with our service.


1. Acceptance of Terms of Use

a. These Terms of Use, which include our End User License Agreement (“EULA”) and Privacy Policy (www.mymila.co/legal.html), govern your use of the Mila service. By using, visiting, or browsing the Mila service, or downloading and installing the Mila App, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Mila service or the Mila App.

b. The Mila service is provided by Vitality Ventures Company Limited or one of its affiliated companies. The Mila company that is providing the service to you (referred to as "Mila Company" in these Terms of Use) and with whom you are entering into these Terms of Use, depends on the country from which you sign up for the Mila service.

2. Changes to Terms of Use.

Mila Company may, from time to time, change these Terms of Use, including the Privacy Policy and EULA. 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 prior versions of the Terms of Use, if any, for the preceding 12-month period.

3. Privacy.

Personally identifying information is subject to our Privacy Policy the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

4. Mila Subscription, Billing and Cancellation

a. Subscription

i. Ongoing Subscription.

 The Mila subscription 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 subscription rate you agree to (your “Initial Rate”) when you sign up for the Mila service will be your rate for the first 2 years of your Mila subscription. Please 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. Your Payment Method will be billed at the Initial Rate every 30 days unless and until you cancel your subscription or we terminate it. (Please see below 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, "Payment Method") to use the Mila service. We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method.

ii. Differing Subscriptions.

 We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with Mila by visiting our website and clicking on the "Your Account" link or by contacting us at support@mymila.co. Some promotional subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.

b. Billing

i. Recurring Billing.

 By starting your Mila subscription and providing or designating a Payment Method, you authorize us to charge you a monthly service fee 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 month 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.

Upon your initial signup, we will bill you for the first three months of the service, which is the initial subscription fee (the “Initial Subscription Fee”) for the Mila service and ship your Mila units to you. Your next monthly subscription fee (“Monthly Fee”) be charged 120 days after your initial signup, then every 30 days thereafter unless and until you cancel your subscription or we terminate it. Monthly Fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. The end of your initial 2-year term may change due to changes in your Subscription. Visit our website and click on the "View billing details" link on the "Your Account" page or inquire by emailing us at support@mymila.co to see the details for your commitment. You authorize us to charge your Payment Method in anticipation of subscription charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.

iv. No Refunds. 

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. 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. 

You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link or by emailing support@mymila.co, 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.

vi. Cancellation.  

PLEASE READ THESE NEXT SECTIONS CAREFULLY. IF YOU CANCEL BEFORE YOUR 2-YEAR COMMITMENT IS OVER, YOU WILL HAVE TO PAY A PENALTY.

vi. Cancellation.  

vii. 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 monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation, or email us at support@mymila.co.

viii. 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 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 our expense (you can print out a pre-paid postage form after cancelling your subscription.

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:

RMB80 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 20 per unit we receive in good condition, multiplied by:
the number of months outstanding on your Mila subscription.

ix. 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 that your monthly payment will be reduced and we will notify you the amount of monthly payments thereafter (which we expect will be lower than your Initial Payment). Thereafter, you can cancel your Mila subscription at any time.

5. Communication Preferences.

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.

6. Mila Service

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 for any issues related to the device and its compatibility with the Mila service. If your Mila ready device 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.

f. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

7. Passwords & Account Access

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.

8. Disclaimers of Warranties and Limitations on Liability


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.

d. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

9. Intellectual Property

a. Copyright.

The Mila service, including all content provided on the Mila service, is protected by copyright, trade secret or other intellectual property laws and treaties.

Trademarks.

Mila is a registered trademark of Vitality Ventures Company Limited.

Trademarks.

Mila is a registered trademark of Vitality Ventures Company Limited.

10. Governing Law

a. If you are a resident of the Peoples Republic of China, these Terms of Use shall be governed by and construed in accordance with the laws of the Peoples Republic of China.

b. For all other Mila members, these Terms of Use shall be governed by and construed in accordance with the laws of the State of California, U.S.A. without regard to conflict of laws provisions.

c. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.

11. Use of Information Submitted.

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.

12. Customer Support.

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 the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

13. Arbitration Agreement

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 CIETAC (to be defined below). You agree that, by agreeing to these Terms of Use, the rules of the China 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 termination of these Terms of Use and the termination of your Mila subscription.

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, Walton Plaza, 801 Changle Road Suite 305, Xuihui District 200031, Shanghai, PRC. ("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 .

b. The arbitration will be governed by the rules of CEITAC then in effect, as modified by these Terms of Use, and will be administered by CEITAC. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Mila Company and you agree otherwise, any arbitration hearings will take place in Shanghai.

14. Survival.

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.