Terms Of Service

Effective Date: 01/01/2025

Welcome to Milaap!
We're excited to see you using Milaap and our other products and services, all of which we refer to simply as the "Services." When we refer to Milaap, we mean Milaap, Milaap X, Milaap.com and our other products.

These Terms of Service (which we call the "Terms") govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There's a good reason for that: These Terms do indeed form a legally binding contract between you and Milaap So please read them carefully.

By using the Services, you agree to the Terms. Of course, if you don't agree with them, then don't use the Services.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND MILAAP AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND MILAAP WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Community Guidelines
First and foremost, please read the following simple rules, which we refer as "Community Guidelines".

1. Milaap is a pseudonymous service, where you can use either your real name or any available nickname and avatar picture in accordance with these Terms.
2. We track the quality of Milaap service. We urge you to:
3. Be polite to other users. Don't forget that Milaap is a service for kind and friendly people;
4. Don't be intrusive and don't fool other users;
5. Don't use Milaap to promote products and services;
6. Don't post any abusive, illegal, obscene or pornographic material;
7. Don't post material without permission from its owner;
8. Don't try to record your conversations.
9. If you get bullied or just can't stand someone in the community you can block them and you will never see them again. So if you can't build a constructive discussion don't fight back. Just hide everything from that user.
10. We moderate users carefully. If a user misbehaves and breaks the rules you can report them and moderators will review the case.
11. By inviting your friends to Milaap you confirm that they consent to receiving an invite.
12. The wake up call feature disclaimer. We understand that you depend on Milaap to wake you up, and do our best to call you on time. Please note:
13. Calls will be received with an accuracy of ± 5 minutes;
14. Even if no users are currently available, our robot will call and wake you up;
15. We cannot be responsible if the call fails due to technical problems, reception issues, device failure or other issues.
16. Your mobile phone numbers are securely stored and are not disclosed to other users. We strongly recommend you to not publish your phone number in public sections of the Milaap app. The numbers can be stolen and used for spam. We are not responsible for the publication of telephone numbers by the users and reserve the right to delete these messages.
17. Who Can Use the ServicesNo one under 18 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.

By using the Services, you state that:

• You can form a binding contract with Milaap.
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
3. Prohibition on Child Sexual Abuse and Exploration

A. Unconditional Prohibition

Milaap is an environment that must be kept free from any trace of child sexual abuse and exploration. Under no circumstances shall users engage in activities like generating, sharing, or hoarding content that sexually exploits children. Whether it's pornographic images, lewd videos, or text that alludes to the sexual victimization of minors, all such materials are strictly off-limits.

1. Mandatory Reporting

Users are bound by law and ethics to report any inklings of child sexual abuse or exploration witnessed within the app without delay. Local law enforcement agencies, child welfare organizations, or other relevant official bodies should be the recipients of such reports. Simultaneously, the app's developers and operators reserve the right and have the responsibility to forward these concerns to the proper authorities and offer unwavering support throughout the resulting investigations.

1. Zero-Tolerance Stance

Our stance on child sexual abuse and exploration within this app is unwavering: zero tolerance. Those users who are proven to have breached this fundamental prohibition will have their accounts terminated for good. Moreover, they will be exposed to the full force of the law, facing potential criminal prosecutions. We will go to extreme lengths to barricade the app against such illegal uses, thus protecting the most vulnerable members of society.

1. User Agreement and Awareness

By simply accessing and using Milaap, users implicitly accept and are held accountable for adhering to this anti-child sexual abuse and exploration rule. To further this cause, we will initiate educational campaigns. These efforts aim to impress upon users the critical importance of staving off child sexual exploitation and equip them with practical knowledge on how to detect and report such dreadful activities.

4. Rights We Grant You
Milaap grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services' benefits in a way that these Terms and our usage policies, such as our Community Guidelines.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
5. Rights You Grant Us
Many of our Services let you make calls, create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.

For all Services you grant Milaap a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

Because Services are inherently public and chronicle matters of public interest, the license you grant us for content submitted to those Services is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display content submitted to Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it's necessary, when you appear in, create, upload, post, or send content, you also grant Milaap and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice. This means, among other things, that you will not be entitled to any compensation from Milaap or our business partners if your name, likeness, or voice is conveyed through Services, either on the Milaap application or on one of our business partner's platforms.

For more information about how to tailor who can watch your content, please take a look at our Privacy Policy.

We may record your conversations for safety and quality reasons, in particular to learn how you use the app and make your usage experience better.

While we're not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

When a user reports inappropriate or harmful behavior within chats on Milaap, our moderation team may review the reported communication to ensure compliance with our Community Guidelines and Terms of Service. This review is conducted solely to address the specific issue raised and to maintain a safe and respectful environment for all users. Our team is committed to respecting your privacy and will limit their review to the information necessary for resolving the reported issue.

The Services may contain advertisements. In consideration for Milaap letting you access and use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Because the Services contain content that you and other users provide us, advertising may sometimes appear near your content.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
6. The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Milaap reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.

Through these Terms and our Community Guidelines, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.
7. Privacy
Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Milaap can collect, use, and transfer your information consistent with that policy.
8. Respecting Other People's Rights
Milaap respects the rights of others. And so should you. You therefore may not upload, post, send, or store content that:

• violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
• bullies, harasses, or intimidates.
• defames.
• spams or solicits our users.

You must also respect Milaap's rights. These Terms do not grant you any right to:

• use branding, logos, designs, photographs, videos, or any other materials used in our Services.
• copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
• use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.
• In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms. Nor may you help anyone else in doing so.

9. Safety
We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:

• You will not use the Services for any purpose that is illegal or prohibited in these Terms.
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information.
• You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
• You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
• You will not use or attempt to use another user's account, username, or password without their permission.
• You will not solicit login credentials from another user.
• You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
• You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
• You will not probe, scan, or test the vulnerability of our Services or any system or network.
• You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use our Services and drive. And never put yourself or others in harm's way just to post or talk on Milaap.
10. Your Account
You are responsible for any activity that occurs in your Milaap account. So it's important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account.

By using the Services, you agree that, in addition to exercising common sense:

• You will not create more than one account for yourself.
• You will not create another account if we have already disabled your account, unless you have our written permission to do so.
• You will not buy, sell, rent, or lease access to your Milaap account, a Milaap username, or a friend link without our written permission.
• You will not share your password.
• You will not log in or attempt to access the Services through unauthorized third-party applications or clients.

1. If you think that someone has gained access to your account, please immediately reach out to contact@milaap.xyz.

11. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including calls, text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.

If you change or deactivate the mobile phone number that you used to create a Milaap account, you must update your account information through Settings within 72 hours.
12. Third-Party Services
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Milaap is not responsible or liable for a third party's terms or actions taken under the third party's terms.
13. Modifying the Services and Termination
We're relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

While we hope you remain a lifelong Milaap user, you can terminate these Terms at any time and for any reason by deleting your account.

Milaap may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.

Regardless of who terminates these Terms, both you and Milaap continue to be bound by Sections 4, 7, 10, and 13-22 of the Terms.
14. Indemnity
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Milaap, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
15. Disclaimers
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Milaap ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

Milaap TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Milaap WILL BE RESPONSIBLE FOR.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MILAAP AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF MILAAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MILAAP'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID MILAAP, IF ANY, IN THE LAST 12 MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

17. Exclusive Venue
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Milaap agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Milaap consent to the personal jurisdiction of both courts.
18. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
19. Refund Policy
All sales through the Service are final. You acknowledge and agree that any applicable fees and other charges (including, without limitation, virtual items) are not refundable in whole or in part. You are fully liable for all charges to your account, including but not limited to any unauthorized charges. We do not issue any refunds or offer any exchanges of any products purchased on or through the Services.
20. Additional Terms for Specific Services
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
21. Final Terms

• These Terms make up the entire agreement between you and Milaap, and supersede any prior agreements.
• These Terms do not create or confer any third-party beneficiary rights.
• If we do not enforce a provision in these Terms, it will not be considered a waiver.
• We reserve all rights not expressly granted to you.
• You may not transfer any of your rights or obligations under these Terms without our consent.
• These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.

22. Contact Us
Milaap welcomes comments, questions, concerns, or suggestions. Please send feedback to us by emailing to contact@milaap.xyz or tap leave a feedback button in Milaap.