MIRA FIVE
Try it free
Try it free

Terms of service

Last updated

MIRA FIVE is a service of Cloo GmbH (“we” or “us”). In the checkout of Pro, the product appears as “MIRA FIVE by Cloo GmbH”. These Terms of Service apply to all plans of MIRA FIVE: Free, Pro and Enterprise.

Cloo GmbH
Reumtengrüner Str. 32B
08209 Auerbach
Germany
Managing directors: Yannick Seeger, Paul Otto
Register court: Amtsgericht Chemnitz, HRB 38181
info@cloo-gmbh.de (company), hello@mirafive.io (product)

1. Scope and business customers

(1) MIRA FIVE is offered exclusively to entrepreneurs (Unternehmer) within the meaning of Section 14 of the German Civil Code (BGB), legal persons under public law and special funds under public law. Consumers cannot conclude a contract. The Customer is the business for which an account or an Organisation is created. If the person registering acts as a sole trader or freelancer, that person is the Customer. By creating an account or by buying a plan, the Customer confirms that it acts as an entrepreneur (Unternehmer) within the meaning of Section 14 BGB, or as one of the other persons named in this paragraph. On request, the Customer proves this. The statutory withdrawal right of consumers does not apply to the contract.

(2) Anyone who registers an account, creates an Organisation or books a plan for the Customer confirms that they are authorised to represent the Customer in doing so.

(3) Only these terms apply to the contract. General terms and conditions of the Customer do not become part of the contract, even if we do not expressly object to them. Individual agreements, such as an offer for the Enterprise plan, take precedence over these terms.

(4) Where we process personal data on behalf of the Customer, the Data Processing Agreement (DPA) is part of the contract. For that processing, it takes precedence over these terms. We process Account Data as controller; the Privacy Policy explains how. It is provided for information and is not part of the contract.

(5) In these terms:

MIRA FIVE or the Service

the service we operate at app.mirafive.io, including Mira (the agent in the app), the collection endpoint at collect.mirafive.io, the tracking scripts, the HTTP API for events, the REST API (/v1), the MCP server and the API reference.

Mira

the agent in MIRA FIVE that answers questions in a chat. Mira is an AI system (section 7).

Organisation

the workspace in MIRA FIVE to which a contract and a plan belong. A person can have one Organisation on the Free plan.

Project and Source

A Project is one product within an Organisation. A Source is a website, an app or a server that sends events to a Project with a key.

Members

the persons with access to an Organisation. Every Member has one of the roles Owner, Admin or Member.

Owner

a Member with the Owner role. Owners have all rights in the Organisation. Only they can book and cancel plans, manage billing, accept the DPA and delete the Organisation.

Admin

a Member with the Admin role. Admins manage settings, invitations, Projects, Sources, connections, API keys, people and data subject requests.

Member (role)

a Member with the Member role. They have the access that MIRA FIVE gives to this role.

Customer Data

all data that the Customer or its websites, apps, servers and connected platforms transmit to MIRA FIVE, and the data MIRA FIVE generates from them, such as events, visits, people, imports, revenue records and attribution results.

Account Data

data about the Members and the Customer’s account, including billing data.

Visitors

the visitors and users of the Customer’s websites and apps.

2. Conclusion of the contract

(1) The presentation of MIRA FIVE on our website is not a binding offer. A person registers with Google, with an email code or with a passkey. The contract is concluded when the Customer creates an account. By creating the account, the Customer accepts these terms. This concludes the contract for the Free plan for the Organisation. When a person registers through an invitation, the email address is treated as confirmed on registration. The DPA forms part of the contract and applies from the first processing of Customer Data. The acceptance of the DPA by an Owner in the app documents it (paragraph 5).

(2) Each contract relates to one Organisation. When a Member creates a further Organisation, a further contract on these terms is concluded for it.

(3) An Owner books the Pro plan in the app, either in the settings or in the chat with a confirmation card. Payment runs through the checkout of Stripe Managed Payments (section 11). The contract for Pro is concluded as soon as Stripe confirms the first payment. The first billing period starts on that day.

(4) We do not sell the Enterprise plan online. It is concluded by an individual agreement in text form.

(5) The current version of these terms is always available at mirafive.io/legal/terms and can be saved and printed. An Owner accepts the DPA for the Organisation in the app. We store when, by whom and which version.

(6) The contract language is English.

3. Services

(1) MIRA FIVE is a web and product analytics service that we provide over the internet as software as a service. It includes in particular:

  • a chat with Mira, in which Members ask questions about their data and receive short answers with live cards (charts, tables and key figures), and in which they can also set up and change MIRA FIVE,
  • collecting events from the Customer’s websites, apps and servers through our tracking script or an HTTP API,
  • reports on where Visitors come from (channels, campaigns, ad clicks), how they move (pages, journeys, funnels), what they do (events, goals) and whether they buy (revenue),
  • people, with their history,
  • attribution of conversions and revenue to channels and campaigns, with several attribution models,
  • verified revenue from the Customer’s own Stripe account,
  • connections to advertising and search platforms (section 7), which MIRA FIVE reads and does not change,
  • a REST API (/v1) and an MCP server (Model Context Protocol) through which AI assistants and other programs access MIRA FIVE,
  • tools for data subject requests, with export, erasure and objection per person.

(2) The API reference at api.mirafive.io/docs and the descriptions in the app and on our website describe the service. We give a guarantee only if we expressly call it a guarantee in text form.

(3) We provide our services up to the handover point, which is the transition from our data centre to the internet. The Customer is responsible for its internet connection, its own systems and for integrating our scripts and the HTTP API into its websites, apps and servers.

(4) All plans include all functions of the Service. They differ in price, allowances, retention, Projects and Sources (section 10). Section 4 applies to Preview Features.

(5) We develop MIRA FIVE continuously. We may change, replace or discontinue functions where this is reasonable for the Customer, in particular because an equivalent function takes its place, a third party changes or discontinues an interface, or security or the law requires it. During a paid billing period, we do not materially reduce the services of the Pro plan unless technical, security or legal reasons require it. Where possible, we announce material reductions in advance by email. If a change materially reduces the Service, the Customer may cancel the Pro plan with immediate effect or at the end of the billing period. If it cancels with immediate effect, we refund the paid amount for the rest of the billing period pro rata. We arrange this refund through the payment process of Stripe Managed Payments (section 11).

4. Preview features

(1) We may label individual functions as preview or early access (Preview Features). We enable Preview Features for individual Organisations. There is no right to have them enabled.

(2) We provide Preview Features in addition and without a separate fee. They are not part of the agreed condition of the Service and are excluded from any agreed availability. We may change them, withdraw their enablement or discontinue them at any time. Where possible, we announce this in advance.

(3) We are responsible for defects in Preview Features only if we fraudulently concealed them. Our liability under section 17 remains unaffected.

(4) The Customer uses Preview Features in a way that keeps its websites and apps working if a Preview Feature does not respond or is discontinued.

5. Account, Organisations and access

(1) The Customer provides accurate information on registration and in MIRA FIVE and keeps it up to date. This applies in particular to the email addresses of the Owners, to which we send notices about the contract.

(2) Each account belongs to one person and must not be shared. The Customer invites further persons as Members. MIRA FIVE has no passwords. Persons sign in with Google, with an email code or with a passkey. The Customer ensures that its Members protect their sign-in methods and keep API keys, access tokens and other credentials secret. We recommend passkeys.

(3) The Customer decides who is a Member of its Organisations and which role each Member has. It is responsible for the API keys its Members create and for the AI assistants and other applications they connect to MIRA FIVE via OAuth. The Customer is responsible for actions taken through its Members’ access, unless it is not responsible for their misuse.

(4) The Customer authorises every Owner to make and receive declarations about this contract on its behalf. This includes in particular booking and cancelling plans, setting the spend limit, agreeing to changes to these terms and the DPA, and deleting the Organisation. We may rely on instructions from an Owner or from a Member with the role required for the action.

(5) If the Customer suspects that its access is being misused, it informs us without undue delay and changes or revokes the affected credentials.

6. Customer’s obligations when collecting data

(1) The Customer decides which data it collects with MIRA FIVE and for which purposes. It is responsible for ensuring that collecting the data and transmitting it to us are lawful. In particular, the Customer

  • chooses the tracking mode for each Project (hybrid, cookieless or persistent) and the tracking script for each Source: a script that stores nothing on the device of the Visitor (the script c.js) or a script that stores a random identifier in the browser when the Visitor consents (the script s.js and the full mode of the HTTP API and the SDKs),
  • checks on its own responsibility whether the chosen mode requires consent,
  • obtains the required consent from Visitors, in particular under Section 25 of the German Telecommunications Digital Services Data Protection Act (TDDDG) for storing identifiers in the browser, and passes consent and its withdrawal on to the script or the HTTP API,
  • needs a legal basis before it links visits to its own user IDs through identify,
  • informs Visitors about its use of MIRA FIVE in its privacy policy,
  • answers data subject requests; MIRA FIVE provides export, erasure and objection per person for this.

(2) The Customer does not transmit special categories of personal data (Art. 9 GDPR) or data relating to criminal convictions and offences (Art. 10 GDPR). It does not use MIRA FIVE to deliberately collect data about children.

(3) The Customer transmits direct identifiers such as names and email addresses only if it has a legal basis and needs them, and only as traits with identify. It never transmits them in URLs, page titles, event names or freely chosen event properties. It transmits passwords, credentials, payment data and other secrets neither in events nor in their properties.

(4) If the Customer uses MIRA FIVE for websites or apps of its own clients, it ensures that it is entitled to do so and that the obligations in this section are also met for those websites and apps.

(5) The DPA governs how we process personal Customer Data. The Privacy Policy and the descriptions in the app explain which data MIRA FIVE collects in which mode.

7. Connections, API, MCP and AI

Connections to other platforms

(1) The Customer sets up connections to third-party platforms with its own account at the respective provider. Where the app offers them, these are Google Ads, Google Search Console, Meta Ads, Microsoft Advertising, Bing Webmaster Tools and Stripe (for verified revenue). Some connections become available only after the platform has reviewed our app. That account is governed by the provider’s terms between the provider and the Customer. The Customer ensures that it may set up the connection and retrieve the data. MIRA FIVE only reads data from the Customer’s account through the connection, and it changes nothing in an advertising account. For Stripe, the Customer gives MIRA FIVE a restricted read key, and we create a webhook endpoint in the Customer’s Stripe account to receive payment events. We do not transmit any data about Visitors to the providers in doing so.

(2) We have no influence on the availability, scope or changes of third-party interfaces. We provide connections only within the interfaces the respective provider offers. If a provider changes or restricts its interface, we may adapt or discontinue the connection under section 3 (5).

(3) MIRA FIVE’s use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. MIRA FIVE uses data from Google Ads and Google Search Console only to show the Customer its own reports and to answer its questions in the chat. We never sell this data and never use it for advertising. We never use it to create, train or improve an AI or machine-learning model. To answer a question, this data can reach the AI service of Mira (paragraph 11) for that answer only, with zero data retention; it is not stored with any model. The Privacy Policy gives details.

REST API, MCP server and connected AI assistants

(4) Members can create API keys and connect AI assistants through the MCP server. The REST API and the MCP server accept only these credentials, not the cookie session of the app. When the Customer retrieves Customer Data through the REST API or a connected AI assistant, we transmit it on the Customer’s instruction to the recipient the Customer has chosen. That recipient, such as the provider of an AI assistant, is not our sub-processor. The Customer is responsible for ensuring that the transmission to that recipient and its further processing are lawful.

(5) A key or a connection can read data by default. The Customer can enable write access for an individual key or connection. With write access, a connected AI assistant can change the setup of an Organisation, and some of these changes delete data and cannot be undone. The Customer is responsible for changes made by an AI assistant with write access as for its own actions. The answers of a connected AI assistant are generated by its provider, not by MIRA FIVE; we are not responsible for their content.

(6) We may reasonably limit the number of requests to the REST API and the MCP server to keep the Service stable for all customers.

Mira and AI-generated content

(7) Mira is an AI system. Mira’s answers are generated by a language model. A language model can be wrong, can leave out facts and can phrase things in a misleading way. Mira’s answers are not legal, tax, financial or other professional advice.

(8) The numbers on the cards in the chat are counted by MIRA FIVE from the Customer Data, with a query that the card can show. They are not written by the language model. The sentences that Mira writes around the cards are written by the language model and can contain mistakes. Each card shows its source and its freshness and explains how it was calculated. The Customer checks Mira’s answers before it relies on them.

(9) The Customer remains responsible for its decisions, including decisions that it makes on the basis of an answer of Mira, a card or a report. This applies in the same way to a connected AI assistant.

(10) Mira can propose changes, for example to settings or to plans. A change runs only after a Member confirms it with a click on a confirmation card, and it runs with the role of that Member. Mira cannot change an advertising account.

(11) Mira’s answers are generated by Claude models. Amazon Web Services EMEA SARL runs these models for us in Amazon Bedrock, in AWS data centres in the European Union. Requests can be routed between AWS regions in the European Union. AWS is our sub-processor under the DPA; the sub-processor page lists it. To answer, Mira sends the messages of the Member, instructions, a note about the Project and the results of its tools to the model. The results of the tools are compact aggregates. Page paths, titles, referrers, campaign names, event names and similar text from the Customer’s data are marked as data, and Mira does not treat them as instructions. When a Member asks about people, the results can contain user IDs, traits and visit details of people. OAuth tokens and Stripe keys never reach the model. We configure Amazon Bedrock so that AWS writes no prompt and no answer to durable storage (zero data retention). Anthropic, the maker of the models, has no access to the prompts and answers and does not receive them. No model is trained with this data. The processing for Mira’s answers stays in the European Union.

(12) Each plan includes an allowance for Mira’s answers. The app shows the current allowance and use. If the allowance of a plan is used up, or the spend limit of the Pro plan is reached (section 10 (6)), Mira pauses until the next billing period or until the limit is raised. Reports and the other functions continue.

8. Acceptable use

(1) The Customer must not use MIRA FIVE to

  • violate applicable law or the rights of third parties,
  • transmit malicious code,
  • attack or disrupt the Service, or scan it or run load or penetration tests without our prior consent in text form,
  • bypass access controls, allowances, request limits or security measures,
  • access or attempt to access the data of other customers,
  • resell the Service without our consent or provide it to third parties under its own name or brand,
  • transmit data that it is not permitted to process.

(2) The Customer may use MIRA FIVE for websites and apps of its clients and give their employees access as Members. This is not reselling within the meaning of paragraph 1.

(3) If we have concrete indications of a serious breach or if there is a threat to the Service, other customers or third parties, we may block harmful traffic, remove unlawful data or suspend the Customer’s access in whole or in part while we investigate. We choose the mildest effective measure. Where reasonable, we inform the Customer beforehand and give it an opportunity to remedy the breach; otherwise we inform it without undue delay afterwards. We lift a suspension as soon as its reason no longer applies. The right to terminate for cause remains unaffected.

9. Availability, maintenance and support

(1) We operate MIRA FIVE with reasonable care. We do not promise uninterrupted or error-free operation, and we give no availability figure or service level. A specific availability applies only if an individual written agreement for the Enterprise plan contains a service level.

(2) Maintenance, security work, internet disruptions and third-party services can cause interruptions. Events that reach us while the Service is not available may not be recorded. Where possible, we announce planned maintenance in advance. We may carry out urgent security work without notice.

(3) We provide support by email at hello@mirafive.io, Monday to Friday except on public holidays in Saxony. We do not promise fixed response times unless individually agreed otherwise.

10. Plans and allowances

(1) MIRA FIVE is offered in three plans:

Free Pro Enterprise
Price 0 19 US dollars or 19 euros per month, plus taxes (section 11) by agreement
Events per billing period 25,000 250,000 by agreement
Imported rows per billing period 50,000 1,000,000 by agreement
Allowance for Mira’s answers included (section 7 (12)) included (section 7 (12)) by agreement
Retention of raw event data 30 days 90 days by agreement, otherwise 90 days
Projects 1 3 no plan limit unless agreed otherwise
Sources (websites, apps, servers) per Project 1 5 5 unless agreed otherwise
Members no plan limit no plan limit no plan limit

Prices are in US dollars or euros, as the checkout shows them. Stripe may show a price in the Customer’s local currency. Taxes are added at checkout (section 11 (3)).

(2) Raw event data means the individual events. We delete raw event data once it is older than the retention period of the plan. The deletion runs automatically and continuously. Retention follows the plan; the Customer cannot set its own periods. If the plan changes, the retention period of the new plan applies. Data that MIRA FIVE derives from events has its own periods, for example visits, daily totals, people and attribution results. These periods are set out in the Privacy Policy.

(3) Usage is counted per UTC day. Allowances apply per Organisation and billing period. Monthly billing periods start at 00:00 UTC. The first Pro period of an Organisation runs from the checkout to the next 00:00 UTC; its allowances are pro rata by UTC days. The first subscription of an Organisation gets this partial period without a base fee. A returning customer pays the partial period pro rata. Bot traffic and events that we reject do not count. Of the imported rows, only new rows count; importing the same data again counts nothing.

(4) When usage reaches 75 % and 100 % of an allowance on the Free plan, or of the spend limit on the Pro plan, we notify the Owners by email.

(5) On the Free plan, the following applies when the event allowance is reached:

  • At 100 % of the allowance, reports and Mira’s analysis of tracked data are locked. Collection continues.
  • At twice the allowance, or seven days after the lock, whichever comes first, we stop recording events for the Organisation until the billing period ends. Events sent during the stop are discarded and cannot be recorded later.

(6) On the Pro plan, we also record events and import rows above the allowance, and the Customer pays for this usage:

  • Events above the allowance cost 2 US dollars or 2 euros per 100,000 events. Imported rows above the allowance cost 1 US dollar or 1 euro per 1,000,000 rows. We report this usage to Stripe, which charges it. Usage of Mira above the allowance is charged at the price that the app shows (section 7 (12)).
  • The spend limit caps this extra usage. The default is 50 US dollars or 50 euros per month. An Owner can change it to any amount from 1 to 100,000. When the spend limit is reached, Mira and imports pause. Events continue to be recorded and are not charged.
  • If the volume of events reaches ten times the volume that the allowance and the spend limit pay for, we stop recording events until the billing period ends. Events sent during the stop are discarded and cannot be recorded later.

(7) If an Organisation has more Projects or Sources than its plan allows, for example after Pro ends, we pause the Projects and Sources over the limit, starting with the newest. We do not record events sent to a paused Source; they are lost. The data of a paused Project or Source stays.

11. Prices, payment and invoices

(1) The Pro plan costs 19 US dollars or 19 euros per month, plus taxes where they apply. Usage above the allowances costs extra under section 10 (6). Price and payment for the Enterprise plan are governed by the individual agreement.

(2) The Pro plan is a subscription. It is paid monthly in advance, at the start of each billing period, and renews every month until it is cancelled. On Pro, usage above the allowances is charged in addition, up to the spend limit (section 10 (6)). The Customer can cancel in the app, in the chat or in the Stripe customer portal. The cancellation takes effect at the end of the current billing period (section 12 (2)). Only an Owner can book and cancel Pro.

(3) We sell Pro through Stripe Managed Payments. Sold through Link, LLC, an affiliate of Stripe, is the merchant of record for the payment. It handles the checkout, charges the Customer, and calculates, collects and pays VAT and other sales taxes. It issues receipts and invoices in its own name. The card statement shows “LINK.COM*” with our descriptor. The purchase is also subject to the terms of Sold through Link at link.com/terms. Cloo GmbH remains the provider of MIRA FIVE. The contract for the use of MIRA FIVE is with Cloo GmbH, and we are responsible for the Service under these terms. Prices are shown in US dollars or euros; taxes are added at checkout.

(4) Stripe collects payment details in its own checkout; we do not receive them. With the first payment, the Customer authorises Stripe to collect the monthly amount for each new billing period, and any usage charges, from the payment method it stored in the checkout.

(5) The price the Customer paid when booking also applies to all renewals until we change it under this paragraph. We may change the price for future billing periods. We announce a change by email to the Owners at least 30 days before the start of the first billing period to which it applies. Until then, the Customer may cancel Pro at the end of the current billing period; we point this out in the announcement.

(6) The Customer receives receipts and invoices from Sold through Link, LLC by email and can also reach them in the Stripe customer portal, which the billing settings of the app link to. The Customer agrees to receive invoices electronically.

(7) If a payment fails, a payment period counts from the day on which Stripe first reports the payment as overdue. The app shows a notice at once and we email the Owners. If the payment is still overdue after seven days, Mira and imports pause. Collection of events and the reports continue. If the payment is still overdue after 14 days, the Organisation falls back to the Free plan, with the consequences under section 13 (1). Stripe may end the subscription earlier under its own retry settings; the Organisation then also falls back to the Free plan. If the Owner pays during this time, the plan continues. If a payment for a billing period that has already been used is charged back, the amount remains owed.

(8) We do not refund payments for billing periods that have started, including on cancellation or deletion, unless these terms (section 3 (5) and section 16), the DPA (section 5 (3)) or mandatory law provide otherwise. The Customer moves from Free to Pro by booking, and from Pro to Free by cancelling at the end of the billing period. There is no pro-rata settlement. Sold through Link, LLC may grant refunds within 60 days of a purchase under its refund policy (support.link.com), also where these terms would not. Disputes and chargebacks are handled by Stripe.

12. Term and termination

(1) The contract for the Free plan runs for an indefinite period. The Customer can end it at any time when an Owner deletes the Organisation. We may terminate the contract for the Free plan with 30 days’ notice in text form.

(2) The Pro plan runs for one billing period at a time and renews automatically for a further billing period unless cancelled. An Owner can cancel it at any time in the app, in the chat or in the Stripe billing portal, with effect from the end of the paid billing period. Pro remains active until then. As long as the billing period is paid, the Owner can withdraw the cancellation.

(3) We may cancel the Pro plan with 30 days’ notice to the end of a billing period.

(4) When the Pro plan ends, the contract for the Organisation does not end. The Organisation continues on the Free plan. Section 13 (1) describes the consequences: raw event data older than 30 days is deleted soon afterwards.

(5) The right of both parties to terminate for cause (Section 314 BGB) remains unaffected. We have cause in particular if the Customer seriously or repeatedly breaches sections 6 to 8 despite a warning with a reasonable deadline, or if a breach is so serious that a warning is not required.

(6) An Owner can delete an Organisation only when it is on the Free plan. An Owner of an Organisation on the Pro plan first ends the subscription. A person requests the deletion of their account in the app and confirms it with a link that we send by email. An account cannot be deleted while the person is the only Owner of an Organisation with other Members or of an Organisation on a paid plan. Stripe keeps its own records of earlier payments.

(7) We send our notice of termination by email to the Owners. Besides the app, the Customer may also cancel in text form to hello@mirafive.io.

13. Consequences of termination and deletion

(1) When the Pro plan ends, whether by cancellation or after a failed payment, the Organisation continues on the Free plan. Soon after Pro ends, we delete all raw event data of the Organisation that is older than 30 days. This deletion is final and cannot be undone. The Customer should retrieve any data it wants to keep beforehand through the app, the REST API or the MCP server.

(2) If the number of Projects or Sources then exceeds the Free plan, section 10 (7) applies.

(3) An Owner can delete an Organisation at any time while it is on the Free plan. We then delete the Organisation and its Customer Data. We do this in automatic steps, in batches. We remove the data from the live database within 7 days; the deletion jobs usually finish within minutes. When a person deletes their account, the same applies to every Organisation that only they use. There is no period for retrieving data after a deletion. The deletion cannot be undone.

(4) Deleted data can remain in our encrypted backups for a limited time. We do not use it there; it disappears when the respective backup expires. This takes up to 35 days.

(5) If the contract for an Organisation ends other than by its deletion, for example by our termination, the Customer can retrieve its Customer Data until the end of the contract through the app, the REST API, the MCP server and the per-person exports. We then delete the Organisation and its Customer Data within 30 days; paragraph 4 applies accordingly.

(6) We do not owe an export of all Customer Data in a standard format.

(7) We keep our own billing records as long as commercial and tax law require, up to 10 years (Section 257 HGB, Section 147 AO). We delete usage records in the app after 400 days. Audit log entries are retained as described in the Privacy Policy. We do not delete the Stripe customer of a deleted Organisation. Stripe and Sold through Link, LLC keep payment data, receipts and invoices under their own obligations and responsibility.

(8) Payment obligations that arose before the end of the contract remain. Sections 13, 15, 17, 18 and 20 continue to apply after the end of the contract.

14. Rights in MIRA FIVE and in Customer Data

(1) MIRA FIVE, including its software, documentation and trademarks, belongs to us or our licensors. For the term of the contract, the Customer receives the simple (non-exclusive), non-transferable and non-sublicensable right to use the Service within its plan for its own business purposes, including for websites and apps of its clients (section 8 (2)). Its Members may use the Service for the Customer within this scope. For this purpose, the Customer may integrate our scripts into its websites and apps and use the HTTP API from its servers.

(2) The Customer must not copy, modify, decompile or otherwise reverse engineer the Service unless Sections 69d and 69e of the German Copyright Act (UrhG) mandatorily permit it. If we publish scripts or SDKs under their own licence, that licence takes precedence for them.

(3) All rights in Customer Data remain with the Customer. For the term of the contract and the deletion periods under section 13, it grants us the simple right to store, process and copy Customer Data as far as necessary to provide, secure and support the Service and to meet our legal obligations.

(4) We do not sell Customer Data, do not use it for our own purposes and do not train AI models with it. We run the models of Mira only through Amazon Bedrock in the European Union, configured so that no prompt and no answer is stored and no data is used for training (section 7 (11)). We may use aggregated usage figures without personal reference, such as the number of events per Organisation, to bill, plan capacity and operate the Service.

(5) We may use suggestions and feedback about MIRA FIVE without payment and without restriction, as long as they contain no Customer Data or confidential information of the Customer.

15. Confidentiality

(1) Confidential information is non-public business and technical information of a party that is marked as confidential or is recognisably confidential, including the terms of individual agreements. For personal Customer Data, the DPA takes precedence.

(2) Each party keeps the other party’s confidential information secret, protects it with at least reasonable care and uses it only for this contract. It discloses it only to employees, advisers and service providers who need it for the contract and are bound to confidentiality.

(3) This does not apply to information that is publicly known without a breach of contract, was already lawfully known to the receiving party, was received lawfully and without a duty of confidentiality from third parties, or was developed independently by the receiving party.

(4) If the law, a court or an authority requires disclosure, it is permitted to the extent required. Where legally permitted, the disclosing party informs the other party beforehand.

(5) These obligations apply during the term of the contract and for five years afterwards. For trade secrets, they apply as long as the information remains secret.

16. Warranty

(1) On the paid plans, we provide the Service in a condition suitable for its contractual use and maintain it in that condition. The service description under section 3 is decisive.

(2) The Customer reports defects without undue delay in text form to hello@mirafive.io. The report describes the defect so that we can reproduce it, if possible with the steps that lead to it.

(3) We remedy defects within a reasonable period. We may also do so by updating the Service or by a reasonable workaround.

(4) Strict (no-fault) liability for defects that already existed when the contract was concluded (Section 536a (1) first alternative BGB) is excluded. Otherwise, the Customer’s statutory rights, in particular the right to reduce the fee (Minderung), remain unaffected. Damages are governed by section 17.

(5) There is no defect where a disruption is caused by circumstances within the Customer’s area of responsibility, for example a faulty integration of a script or the HTTP API. An answer of Mira that is wrong in the way described in section 7 (7) and (8), or the answer of a connected AI assistant, is not a defect of the Service on its own. Section 4 applies to Preview Features.

(6) We provide the Free plan free of charge. The rules on loan for use (Leihe) apply to it accordingly. On the Free plan, we are responsible for defects only if we fraudulently concealed them (Section 600 BGB). The Customer has no claim there to have defects remedied; we fix reported errors at our discretion.

17. Liability

(1) We are liable without limitation

  • for intent and gross negligence,
  • for damage resulting from injury to life, body or health,
  • for fraudulently concealed defects and under a guarantee we have given,
  • under the German Product Liability Act (Produkthaftungsgesetz), and
  • in all other cases in which the law does not permit a limitation of liability.

(2) For simple negligence, we are liable only for the breach of material contractual obligations. These are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. Our liability is then limited to the damage that was foreseeable and typical for the contract when it was concluded.

(3) By way of derogation from paragraph 2, we are not liable for simple negligence on the Free plan, which we provide free of charge (in accordance with Section 599 BGB). Paragraph 1 remains unaffected.

(4) Any further liability for damages is excluded, whatever the legal basis.

(5) These limitations also apply to the personal liability of our managing directors, employees and vicarious agents.

(6) These provisions do not change the burden of proof to the Customer’s disadvantage.

18. Indemnification

(1) The Customer indemnifies us against claims by third parties asserted against us because Customer Data that the Customer collected or transmitted was collected or transmitted unlawfully, or because the Customer breached sections 6 to 8. This does not apply to the extent that the Customer is not responsible for the infringement or the claim is based on a breach of duty by us.

(2) The indemnification covers the reasonable costs of legal defence, including statutory court and lawyers’ fees.

(3) We inform the Customer without undue delay about a claim that has been asserted and do not acknowledge it without the Customer’s consent. We give the Customer the opportunity to defend against the claim in coordination with us. The Customer provides us with the information we need for the defence.

19. Changes to these terms

(1) New contracts are governed by the version published when the contract is concluded. We may change it for future contracts at any time.

(2) In existing contracts, we may change these terms only where this is necessary to

  • implement changes in the law, in case law or in regulatory requirements,
  • ensure the security of the Service,
  • adapt them to a permitted change of the Service under section 3 (5), or
  • close a gap in the provisions that arose after the contract was concluded.

This must not shift the balance between service and price or the essential obligations of the parties to the Customer’s disadvantage. Price changes are governed exclusively by section 11 (5).

(3) We announce every change by email to the Owners at least 30 days before it takes effect. The announcement names the changed provisions and the right to terminate under paragraph 5.

(4) A change is material if it restricts the Customer’s rights or extends its obligations. We also show material changes in MIRA FIVE for acceptance at the next sign-in. They apply only if an Owner accepts them on behalf of the Customer, and not before the announced date. Other changes under paragraph 2 take effect on the announced date.

(5) The Customer may terminate the contract with effect from the date on which a change is to take effect. If the Customer has not accepted a material change by then, we may also terminate with effect from that date. Until acceptance or termination, the previous terms continue to apply.

(6) This section applies accordingly to changes to the DPA, unless the DPA provides otherwise.

20. Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the Customer is a merchant (Kaufmann), a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Auerbach/Vogtl., the registered office of Cloo GmbH. We may also sue the Customer at its general place of jurisdiction. Mandatory statutory places of jurisdiction remain unaffected.

(3) Text form (Section 126b BGB), in particular email, is sufficient for declarations about this contract unless these terms provide otherwise. We send declarations to the Owners’ email addresses. The Customer sends declarations to hello@mirafive.io.

(4) The Customer may transfer rights and obligations under this contract to third parties only with our prior consent in text form; Section 354a of the German Commercial Code (HGB) remains unaffected. We may transfer the contract to a company that takes over MIRA FIVE from us and continues it, provided the Customer’s position does not become worse as a result. We announce such a transfer in text form at least 30 days in advance. The Customer may terminate the contract with effect from the date of the transfer.

(5) If a provision of these terms is invalid, the rest of the contract remains valid. The statutory provisions take the place of the invalid provision.