Terms and Conditions Pending legal review
These terms cover everything you buy from Mi-Ware and how we supply it: Showroom apps, membership, custom builds and the kit that goes with them. How you may use your account and the site is in the User Agreement. You agree to both when you register; there is no account without them. We have kept the language plain on purpose.
1. About these terms
- These terms form a contract between you and Mi-Ware each time you buy something from us. They apply together with the User Agreement and the privacy notice. If these terms and the User Agreement ever disagree about a purchase, these terms apply.
- Most of our customers are consumers: people buying for themselves, not for a business. Where a term says something applies "if you are a consumer", it gives you protections the law gives consumers. Nothing in these terms takes away a right you have as a consumer under Irish or EU law.
- If you buy for a business, you confirm you are allowed to bind it, and the consumer-only parts (sections 11 and 12, where marked) do not apply to you.
- The contract is in English. We keep a copy of these terms for every version we publish, and the version you agreed to is recorded on your account, with the date you agreed to it.
2. Who we are
Mi-Ware is the trading name of Vincent Tyson, a sole trader established in Ireland. We sell through mi-ware.ai.
- Trader
- Vincent Tyson, trading as Mi-Ware
- Address
- 17 Tamarisk Drive, Dublin 24, D24 Y1XP, Ireland
- support@mi-ware.ai
- Telephone
- +353 87 054 7179
- Business name
- Mi-Ware, registered business name number: to add once registered with the Companies Registration Office
- VAT
- Where VAT applies it is shown on the bill before you pay, and our VAT number is printed on every receipt.
Write to us at support@mi-ware.ai about anything in these terms. We answer within 5 working days, usually sooner.
3. Words we use
- Account: your Mi-Ware account, made from your Google sign-in.
- App: software made by Mi-Ware, either from the Showroom or built to your brief. Apps run on Mi-Ware's servers and you use them online.
- Brief: your description of the software you want built, and anything you send us with it.
- Mock-up: the free preview we make from your brief before you approve a build.
- Estimate: the most a build can cost you, shown before you approve it.
- Kit: project slots, vanity edits and revamps (section 9).
- Credit: an amount on your account that is taken off your next bill (section 13).
4. How a contract is made
- Showroom apps, membership and kit: you choose them in your basket and pay at checkout. The contract is made when Stripe confirms your payment and we show the confirmation page.
- Custom builds: the contract is made when you approve the mock-up and its estimate, and the estimate is reserved on your card (or, for a beta build, when you confirm it).
- Before you pay or approve, you see what you are buying, the total price and any discount. You can correct mistakes in your basket or brief up to that moment.
- We confirm every contract by email straight away, with an itemised receipt or estimate. That email, kept on your account too, is your copy of the contract.
- We may refuse an order, for example a brief that breaks the User Agreement, or a price shown wrongly by an obvious mistake. If we refuse, nothing is charged and any reservation is released.
5. Prices and payment
- Prices are in euro and are the ones shown when you buy. Where VAT applies it is added and shown on the bill before you pay.
- Payments are taken by Stripe on Stripe's own secure page. We never see or store your card number.
- A custom build's price is the harness fee plus the tokens the build uses, at the rates shown on the estimate, less your discount. It is never more than the estimate.
- Every payment gets an itemised receipt by email, kept on your account. A refund comes with a credit note.
6. Showroom apps
- An app in the Showroom is bought as access: one fee for five years, on up to 20 devices. The app runs on Mi-Ware's servers. It is not downloaded, and access cannot be transferred.
- Access starts as soon as you pay. Section 11 says how you can still cancel in the first 14 days.
- Before the five years end we tell you by email and offer a renewal at the price shown at the time. If you do not renew, access ends, and you can export the data you put into the app for 60 days afterwards.
7. Membership
- Membership runs for one year from purchase. It includes 25 discount coupons (10 at 10%, 10 at 20% and 5 at 30%), 5 project slots, 5 vanity edits with every project and 5 revamp tokens.
- The price is the one shown when you buy: €199 as an introductory price for the first six months after Mi-Ware's launch, then €299 a year. Membership does not renew automatically. You buy the next year when you want it, and it runs on from the end of the current one.
- The membership's slots and revamps end with the membership year. Vanity edits belong to the project they came with.
- First Ones cannot be members, because their permanent 20% takes the place of membership.
8. Custom builds
- The brief and the mock-up are free. You can change the brief as often as you like until you approve the mock-up.
- Approval reserves the estimate. When you approve, the estimate (the three token meters at the stated rates plus the harness fee, less your discount, plus any VAT) is reserved on your card. Nothing is charged yet. One project slot is locked to the build.
- We aim to deliver within 24 hours, typically between 6 and 8. On delivery we charge for what was used, and never more than the estimate. If the build came in under, you pay less. You receive an itemised receipt.
- If your build has not arrived within six days, we cancel the project, release the reservation on your card (nothing is charged), tell you, and look into what went wrong. You keep your project slot.
- What you get: once your build is delivered and paid for, you have access to it for five years, on up to 20 devices (more on request), at no further cost, for business or pleasure. It runs on Mi-Ware's servers. The data you put into it is yours; the software and everything used to make it stay Mi-Ware's.
- You may cancel a build after approval, at any time before delivery. We then charge only for the tokens used since the mock-up, with no harness fee, and release the rest of the reservation.
- By approving, you ask us to start the build at once, and you acknowledge that your right to cancel ends when the build is delivered (section 11).
- If you abandon a project at any stage without paying for it, Mi-Ware may complete it anyway and keep it as its own, to sell, show or build on. We remove your name and personal data from it. You are told this, and asked to confirm, before an abandon goes through. The licence that lets us do this is in the User Agreement, section 5.
9. Slots, vanity edits and revamps
- A project slot is a place to hold a project. It locks when you approve a mock-up and stays locked until the build is paid for (on delivery) or the project is abandoned. It also frees if we cancel the project. Beta slots work differently (section 18).
- A vanity edit is a change to how a delivered project looks: theme, scheme, colours, layout or interface. A request on one topic counts as one edit, however many items it touches.
- A revamp reopens a delivered project to change or extend what it does, within the scope of the original. Anything beyond that scope is a new project.
- All three are sold in the Creation Hub at the prices shown there. Bought items do not expire. Items that came with a membership end with its year.
10. First Ones and coupons
- First Ones are the first 100 accounts registered. A First One gets 20% off the total of every bill for as long as the account exists, applied automatically at checkout, plus 5 project slots and 3 vanity edits with every project. The discount belongs to the account. It cannot be transferred or sold, and it cannot be combined with membership or coupons.
- Each membership coupon takes its percentage off the total of one bill. One coupon per checkout. A coupon is spent only when the payment is confirmed, and comes back if the checkout is abandoned. Coupons expire 365 days after they were given and have no cash value.
11. Your right to cancel (consumers)
If you are a consumer, the law gives you 14 days to change your mind about a contract made online. Here is how that works for each thing we sell.
- Showroom access and membership. You may cancel within 14 days of the day you paid, without giving a reason. Because access starts at once at your request, you pay for what you had up to the day you tell us, in proportion to the full term (a few days out of five years of access costs very little), and we refund the rest.
- Kit (slots, vanity edits, revamps). You may cancel within 14 days of the day you paid. Items you have not used are refunded in full. An item already used has been supplied and is not refunded.
- Custom builds. You may cancel at any time after approval until the build is delivered, paying only for the tokens used (section 8). Once the build is delivered it has been fully supplied at your request, and the right to cancel ends.
- How to cancel. Email support@mi-ware.ai with your name, the email on your account and what you are cancelling; a build can also be cancelled from its page in the Creation Hub. You only need to send it before the 14 days end. We confirm by email that we received it, with the date and time.
- Refunds go back to the card you paid with within 14 days of your cancellation, with a credit note. You pay no fee for cancelling.
12. Faults and your legal rights
- Everything we supply must match its description, be fit for its purpose, and work as it should for as long as you have access to it. That is your legal right as a consumer, and these terms do not limit it.
- If something we supplied is faulty, tell us. We will put it right free of charge within a reasonable time. If we cannot, or we do not, or the fault is serious, you may ask for a price reduction or to end the contract and get your money back, to your card or as credit on your account, whichever you prefer.
- We refund within 14 days of agreeing the refund. A refund request needs a fault or a breach of these terms on our side; outside those, payments are final once the 14-day cancellation rights in section 11 have run out.
13. Credit on your account
- Credit comes from refunds you chose to take as credit, or goodwill from us. It is taken off your next bill automatically.
- Credit is not money held for you and cannot be withdrawn as cash. A refund you are owed can always be returned to your card instead of being kept as credit. Credit that came from a refund stays yours while your account exists.
14. Complaints
- Email support@mi-ware.ai with what went wrong and what you would like us to do. We acknowledge it within 5 working days and aim to resolve it within 30 days, telling you along the way if it will take longer.
- If you are not happy with our answer, you can contact the European Consumer Centre Ireland for free advice, or bring a claim through the small claims procedure of the Irish District Court. You can also contact the Competition and Consumer Protection Commission.
15. Our liability to you
- We are responsible for supplying what you paid for as these terms describe, and for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill.
- We are not responsible for loss that was not foreseeable to both of us when the contract was made, or for loss caused by using an app in a way it was not built for. If you use an app for a business, we are not responsible for loss of profit, business or opportunity.
- Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow us to limit.
16. Events outside our control
If something outside our reasonable control (for example a failure of our hosting or payment providers, a power or network outage, or a natural disaster) delays or stops what we supply, we tell you as soon as we can and keep the delay as short as possible. If it lasts so long that you no longer want what you ordered, you may cancel and get back what you paid for anything not supplied.
17. Changes to these terms
- We may update these terms, for example when the law changes or we add something new. Each version gets a new version number and date at the top of this page.
- A change never applies to something you have already bought or a build you have already approved. For anything else, we tell account holders by email at least 30 days before a change applies and say what changed. If you do not agree, you may close your account before that date; you are asked to accept the new version the next time you sign in.
18. The beta programme
These extra terms apply to beta accounts, made from a beta invitation, as well as everything above.
- You must be 18 or over. Beta places are by invitation only, and each invitation link works once.
- A beta account has 2 project slots and 6 cosmetic edits. Revamps and the shop are closed during the beta. Beta builds cost you nothing: the bill on delivery is marked "gratis" and shows what the build would normally cost.
- Two builds, and they can't be stopped. A beta slot locks when you approve a build and is not released afterwards, so a beta account has exactly two builds. Approving starts the builder at once, and a started beta build cannot be stopped or abandoned. You are asked to confirm that the brief is accurate and detailed before it starts. If we cancel a beta build ourselves, you get the slot back.
- The beta is a test. Builds can take a long time (at least 6 hours, up to 24 or more when the queue is busy), and things may go wrong. That is what the beta is for, and we are glad to hear about it.
- Activity on the platform, including your briefs and messages, is logged so we can find and fix problems. Requests or content that break the law may be reported to the relevant authorities. The User Agreement's rules on acceptable use apply in full; during the beta we will not build sexual content, hacking tools or malware, scams or impersonation, or anything that invades someone's privacy.
- Every beta account ends when the beta does (the date is in your invitation). From then you can't sign in until we go live.
- If you used your beta account (you sent at least one brief for its mock-up), it becomes a First Ones account on our first day live, with everything a First One has, and we email you when that is done. An unused beta account is closed when the beta ends.
- Your beta apps stay online during the beta and again when we go live.
19. Law and courts
These terms are governed by the law of Ireland. If you are a consumer living elsewhere in the EU, you also keep the protection of the mandatory consumer law of the country where you live, and you may bring a claim in the courts of Ireland or of that country. Businesses agree to the courts of Ireland.
20. General
- These terms, the User Agreement, the privacy notice, and the details shown on your checkout, estimate and receipt are the whole agreement between us about what you buy.
- If a court decides part of these terms cannot be enforced, the rest still applies.
- If we do not insist on something straight away, we can still insist on it later.
- You may not transfer your rights under these terms to someone else. We may transfer ours to a business that takes over Mi-Ware, and we will tell you if that happens; your rights stay the same.
- We contact you by email at the address on your account. Notices to us go to support@mi-ware.ai.
Questions: support@mi-ware.ai. See also the User Agreement and the privacy notice.