These Terms of Service govern your access to and use of the Mimi website and mobile applications (collectively, the “Site”) and any services (the “Services”) offered on the Site. This is a legal agreement between you and Mimi Technologies, LLC (“we”, “us” or “Mimi”).
By clicking the “I Agree” button on the account registration page or by using the Site, you are agreeing that you have read, understand, and agree to be bound by these Terms of Service.
If you do not agree or are unable to agree to be bound by these Terms of Service, do not use the Site or the Services.
We may modify these Terms of Service from time to time. When changes are made, we will make the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. Your use of the Site or the Services after such posting will constitute acceptance by you of such changes.
Site is a Venue. The Site provides a venue for people seeking babysitting and/or nanny services (“Parents”) to connect with people who want to provide those services (“Sitters,”; Parents and Sitters are referred to collectively as “Users”). Mimi is not a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users.
Mimi has no obligation to screen or verify the identity or background of any User. Mimi does not screen or verify the training or experience of any of the Users, including Users who have Subscriptions, or any content submitted by a User or anyone other than Mimi ("User Content"), including but not limited to User Profiles. Mimi has no control over the accuracy, reliability, completeness or timeliness of Profiles, Reviews, background check information, affiliations or other User Content submitted on the Site, and makes no representations about any such User Content on the Site
Mimi further makes no representations about the Sitters or the Parents. You should make your own assessments of the persons you decide to interact with, engage or provide services to.
Transactions Are Solely Between Users. WE ARE NOT INVOLVED IN THE TRANSACTIONS BETWEEN SITTERS AND PARENTS. Users arrange for the services solely between themselves, and Mimi is not a party to any of those arrangements. Mimi does not have control, supervise or provide any training or equipment to the Sitters, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by Sitters. Because we are not involved in User-to-User dealings or control the behavior of Users, Users must resolve any issues, disputes or concerns directly with each other, including any issues regarding payments to a Sitter or services received by a Parent. As set forth in Section 15, you agree to release Mimi from any claims or liability that may arise from any disputes between you and other Users.
Mimi is not an employment service and does not serve as an employer of any User. As such, Users are solely responsible (and Mimi is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users. You understand and agree that if Mimi is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify Mimi for all costs, expenses and liabilities (including any interest and penalties) relating to the same.
If requested by Mimi, you agree to provide Mimi with such identification documents (including copies of passports and driver’s licenses) or other information as may be needed or requested by Mimi.
By requesting to use, registering to use and/or using the Site, you represent and warrant that:
if you are a Parent:
if you are a Sitter:
MIMI HAS NO OBLIGATION TO CONDUCT BACKGROUND OR VERIFICATION CHECKS ON ITS USERS. However, we reserve the right to conduct such checks and/or to verify your account and registration information and the representations and warranties you have made, which may include, without limitation, our using third party service providers to conduct criminal background checks or identity verification checks or to perform other background or verification services, and, using available public records, including information available on online social networks and other online sources, each to the extent permitted by law.
USER AGREES TO RELEASE MIMI AND MIMI’S AFFILIATED PARTIES FROM ANY CLAIMS REGARDING ANY MISSTATEMENTS AND MISREPRESENTATIONS MADE BY ANY USERS OF THIS SITE. ("Affiliated Parties" means Mimi’s officers, directors, members, agents, assignees, representatives, marketing partners, licensors, independent contractors and employees.)
Mimi may, either during or after the registration process, request further information from you and/or use third party services, to verify your account or registration information.
As a User, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
Personal Use Only. Your account is for your own personal use, and you may not permit anyone else to use your account. The Site is intended to be used by people who want to find, select, review and connect with other Users so they can receive, provide or share information about, child care services. Any use of this Site for any other purpose, (including but not limited to using the Site or information obtained from the Site to solicit, advertise to or contact Users for any other purpose) is prohibited.
You may not transmit any chain letters, junk or spam e-mail to other Users, or use any information obtained from the Site to harass, abuse or harm another person. To protect Users from such activity, we reserve the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Site in any 24-hour period, terminating Subscriptions and/or accounts or blocking users with certain IP addresses from accessing the Site.
Use of Other Users' Personal Information. You may from time to time receive personal information of another User. For example, upon confirmation of a booking, Users will be provided with each other’s contact information. Any personal information you receive may only be used for the specific purpose it was provided to you in connection with the Site and the Services. Sitters may not contact Parents, and Parents may not contact Sitters, for any purpose other than asking a question, providing information, or making arrangements related to a booking on the Site.
Circumvention of Site and Services. You may not use the Site or Services, or information obtained from the Site or Services, for the purposes of circumventing or attempting to circumvent Mimi’s messaging tools or booking platform, including for the purpose of avoiding the obligation to pay fees related to Mimi’s provision of the Services.
Additional Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Mimi in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
Risk Assumption and Precautions. You assume all risk when using the Site, including, but not limited to, all of the risks associated with any online or offline interaction with others. You agree to take all necessary precautions when meeting other Users.
No Violation of Laws. Your use of the Site and the Services, including, but not limited to, the User Content you post on the Site, must be in accordance with all applicable laws and regulations.
Reporting of Violations. You agree to report to us promptly any violation of these Terms of Service or any alleged improprieties of any Users. You can contact us at support@Mimi.com.
Beta Features. From time to time, we may offer new “beta” features or tools with which Users may experiment on the Site. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at Mimi’s sole discretion. The provisions in Section 15 regarding Disclaimer of Warranty apply to such features or tools.
Group Affiliations. Users may have the option to list certain school or local group affiliations as part of their Profile. Unless expressly stated otherwise, Mimi is not affiliated with any of these listed organizations nor does Mimi verify the User’s membership with such listed organization.
As a User of the Site, you may have the opportunity to post or transmit User Content, such as User profiles (“Profiles”) and messages to other Users or on group forums. You are solely responsible for any User Content you post on the Site or transmit to other Users, and once posted or transmitted, cannot always be withdrawn.
Content and Communication Restrictions. You will not post on the Site, transmit to other Users, communicate any content (including links to content), or otherwise engage in any activity on the Site or through the Services, that:
Content Removal. We may, but we have no obligation to, monitor User Content submitted on the Site, including Profiles, Reviews or other User Content. We may remove any such information, and material that in our sole opinion either (i) violates, or may violate, any applicable law or either the letter or spirit of these Terms of Service, (ii) might be offensive, illegal or that might violate the rights, harm, or threaten the safety of Users or others, or (iii) is determined to be inappropriate for any other reason at the sole discretion of Mimi.
Our Right to Use Your User Content. By posting User Content to the Site, you grant, and you represent and warrant that you have the right to grant, to Mimi, its Affiliated Parties, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
By Mimi. Mimi may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your Subscription and/or your account and your access to the Site, and/or (ii) remove your Profile and/or any content posted by or about you, from the Site. Unless otherwise decided by Mimi, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any User’s Subscription and/or account, Mimi may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by Mimi, you may not re-register without Mimi’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available).
By User. As a User, you may terminate your account at any time by clicking the “Delete My Account” in the My Account . You may re-register at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available. If you have a Subscription, you may cancel it in accordance with Section 9.
Effect of Termination. Upon the termination of your account, you will no longer have access to the portions of the Site and Services that require account registration. If your account is terminated, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., messages to other Users) may or may not (in our sole discretion) remain on the Site. Any User Content associated with your account after your account’s termination may not be available to you if you re-register with Mimi. Upon the termination of your Subscription, you will no longer have access to Premium Services, but you will continue to have access to your account and portions of the Site and Services that are available to Users who do not have Subscriptions. If following the termination or cancellation of your Subscription and/or account, you continue to access and use other portions of the Site and/or Services, your use will continue to be governed by these Terms of Service. In addition, regardless of your discontinuation to use or access the Site, Sections 2, 3, 4, 5, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 of these Terms of Service will continue in full force and effect.
Mimi has the right, but not the obligation, to order a background check on Sitters from a 3rd Party Verification Service and to use 3rd Party Verification Services to verify information about a User including, but not limited to, verification of your account or registration information or your compliance with these Terms of Service, each to the extent permitted by law. You understand that Mimi retains the right, but has no obligation, to take action with respect to your Mimi account based on the information provided by the 3rd Party Verification Service, including, but not limited to, terminating your account, regardless of whether incorrect or incomplete information provided by such 3rd Party Verification Service is subsequently corrected or completed. Mimi does not have any control over, or make any representations regarding the quality, accuracy, completeness or reliability of the information provided by the 3rd Party Verification Service. Any inaccuracies or disputes regarding information provided by a 3rd Party Verification Service must be addressed with the 3rd Party Verification Service that provided the information (and not Mimi). By agreeing to these Terms of Service, you consent to Mimi performing background and/or verification checks on you. If you do not want these checks performed, do not use the Site or the Services.
Pursuant to the Fair Credit Reporting Act (the “FCRA”), we are notifying you that the 3rd Party Verification Service referenced in Section 6 above may be a consumer reporting agency subject to the FCRA and the reports issued by the 3rd Party Verification Service may be "consumer reports" subject to the FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including, but not limited to, consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If Mimi takes adverse action with respect to your account based on information contained in a consumer report, Mimi will notify you and provide you the name and contact information of the 3rd Party Verification Service that created the report. Mimi will also provide you a copy of the report unless the 3rd Party Verification Service already provided you a copy of the report or access to it.
If you use or access information provided by a 3rd Party Verification Service, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a 3rd Party Verification Service with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless Mimi and its Affiliated Parties from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information, regardless of the cause. Mimi does not assume and expressly disclaims any liability that may result from the use of information provided by a 3rd Party Verification Service.
The Site may include links to other websites (including other sites that are affiliated with or under common ownership with the Site) or applications, or functionality to connect with other websites such as advertisers (each, a “Third Party Site”). We do not control or endorse any Third Party Site or advertisements, and we are not responsible for any content, product, advertising and other materials presented in or provided by such Third Party Site or advertisement. Your use and access of a Third Party Site is at your own risk, and is subject to the terms and conditions for such Third Party Site.
Users have the option of providing Mimi with their mobile phone number as part of the registration process or in their account settings. Users who provide Mimi with their mobile phone number may receive text message communications from Mimi on their cellular phones and/or mobile devices. By providing Mimi with your mobile phone number, you consent to Mimi sending text messages to your cellular phone and/or mobile device. Mimi does not charge for sending text messages, but your carrier may charge you.
Users of Mimi's mobile applications may have the option to receive push notification alerts from Mimi. If push notification alerts are available, you will be given an option to consent to receiving them after you download the application. You may also adjust your push notification settings after you have downloaded the application in your mobile device settings.
From time to time, Mimi may offer special promotions, credits, awards or discounts (“Promotions”). All Promotions will be run at the sole discretion of Mimi, and can be modified or terminated at any time by Mimi with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the Promotion). As part of a Promotion, Mimi may offer fee or reward credits to its Users. Fee or reward credits are non-transferrable, not redeemable for cash, and may be subject to other terms and conditions.
Copyright. All materials on the Site other than User Content are either owned by Mimi or are the property of Mimi’s suppliers or licensors. You may not use these materials except as we give you written permission to do so.
Trademarks. The service marks and trademarks “Mimi” and the Mimi logo are owned by Mimi. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You agree that you recognize the rights of Mimi and the respective third parties in those marks. You may not copy or use any of these marks, logos or trade names without the written permission of the owner.
Ownership and Use. Mimi retains ownership of its intellectual property rights and you have no rights to Mimi’s intellectual property or Mimi’s rights in its intellectual property. Except to the extent you are actually reading materials on the Site as you use the Site or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Site, other than User Content you create.
Your Content. Other than the non-exclusive license granted to Mimi with respect to User Content (described in Section 4.c. above), Mimi will not acquire an ownership interest in the User Content you post.
If any disputes or disagreements arise between a Parent and a Sitter relating to the services provided by Sitter or payments made by or due from Parent, the Parent and the Sitter are responsible for resolving any such disputes directly with each other. Mimi will not be a party to any such dispute, and Mimi will not be obligated to take any action toward resolving the dispute.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF MIMI AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
"AS-IS" BASIS. Mimi provides the Site on an "AS IS" and "AS AVAILABLE" basis. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
NO WARRANTIES; RELEASE. MIMI GRANTS NO WARRANTIES OF ANY KIND, whether express or implied, statutory or otherwise with respect to the Users, the Services, or the Site (or any information contained in the Site). Mimi does not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MIMI DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS ON THE SITE OR PROVIDED OR OBTAINED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, INFORMATION CONTAINED IN ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR MIMI. Mimi does not warrant that your use of the Site or Services or that information on the Site will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Site will be corrected. Mimi makes no warranties about the connectivity and continued availability of the Site or Services.
YOU AGREE TO RELEASE MIMI AND ITS AFFILIATED PARTIES FROM ANY CLAIMS, DEMANDS, DAMAGES, LIABILITY, COSTS OR EXPENSES, OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR USE OF THE SITE, (II) YOUR USE OF THE SERVICES, (III) ANY CLAIM OR CONTROVERSY THAT MAY ARISE FROM ANY DISPUTES BETWEEN YOU AND OTHER USERS, OR (IV) ANY BACKGROUND OR VERIFICATION REPORT, REGARDLESS OF WHETHER ORDERED BY A USER OR MIMI.
USER CONTENT. MIMI MAKES NO CLAIMS OR PROMISES about (i) the opinions, advice, statements, reviews, or other information or content made available on the Site or through the Services by Users, or (ii) the accuracy, completeness, or usefulness of any information on the Site or available through the Services.
LIMITATION OF LIABILITY. IN NO EVENT WILL MIMI OR ITS AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM (I) INTERACTIONS WITH OTHER USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, (II) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR TRANSMITTED TO OR BY ANY USER OF THE SITE OR SERVICES, AND (III) REVIEWS OR COMMENTS MADE ABOUT YOU ON THE SITE BY OTHER USERS.
NO CONSEQUENTIAL DAMAGES. YOU AGREE THAT NEITHER MIMI NOR ITS AFFILIATED PARTIES HAS ANY LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION, OR (IV) LOSS OF INFORMATION OR DATA.
MAXIMUM LIABILITY. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS OF SERVICE, MIMI’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES YOU SUFFER IN CONNECTION WITH THE SITE, THE SERVICES OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO MIMI IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) $100.
SOLE AND EXCLUSIVE REMEDY. YOUR ONLY RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION OF YOUR ACCOUNT AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
You agree to indemnify, defend and hold harmless Mimi and its Affiliated Parties from and against any and all claims, losses, expenses, demands or liability, including attorneys' fees and costs incurred by Mimi and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Site or Services, (ii) any materials and content you submit, post or transmit through the Site, (iii) your violation of these Terms of Service or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users, (v) your violation of any applicable law, rules or regulations or (vi) information contained in any background or verification report, regardless of whether ordered by a User or Mimi. You agree that you will cooperate as reasonably requested by Mimi in the defense of such claims. Mimi and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
Mimi respects the intellectual property rights of others and expects its Users to do the same. Mimi may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others. In addition, Mimi, in its sole and absolute discretion, may terminate the accounts of Users who infringe the intellectual property rights of others. If you believe any materials on the Site infringe your copyright, you may request removal of those materials from the Site by contacting Mimi’s copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Mimi's Copyright Agent is:Copyright Agent, Mimi Technologies, LLC 601 Marquette Ave., Suite 100, Minneapolis, MN 55402. Email: firstname.lastname@example.org Telephone: 612-465-0864
Governing Law and Venue. Minnesota law governs these Terms of Service, as well as any claim, cause of action or dispute that might arise between you and Mimi, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Minnesota, City of Minneapolis, and County of Hennepin.
No Joint Venture or Partnership. Nothing in these Terms of Service may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Mimi is not an employment service or agency, and does not serve as an employer or referral source for any User.
Severability. If any provision of these Terms of Service is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms of Service shall remain in full force and effect.
Complete Agreement. These Terms of Service contains the entire agreement between you and Mimi regarding the use of the Site and Services, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms of Services.
Contact Information. If you have any questions or need further information as to the Site or the Services, or need to notify Mimi as to any matters relating to the Site or Services please contact Mimi at: Mimi Technologies, LLC 601 Marquette Ave., Suite 100, Minneapolis, MN 55402. Email: email@example.com