Last updated: July 8, 2026
Please read these terms and conditions carefully before using Our Service.
1. Interpretation and Definitions
1.1 Interpretation
The words whose initial letters are capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.2 Definitions
For the purposes of these Terms and Conditions:
Application means the software, website, APIs, WordPress plugin, hosted sandbox environments, coding-agent integrations, and related tools provided by the Company under the name Miles (bymiles.ai).
Customer Site means any WordPress website, environment, repository, database, content system, or related configuration that You connect to, authorize, or make available for use with the Service, including production, staging, local, development, and sandbox environments.
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: British Columbia, Canada
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to 1571563 B.C. LTD., 112 – 970 Burrard Street, Office# 1058, Vancouver, BC V6Z 2R4.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Production Site means a Customer Site that is live, public-facing, revenue-generating, used by real users, or otherwise important to Your business operations.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application and all Miles features that design, edit, manage, create, modify, or delete WordPress content, pages, settings, code, configuration, plugins, themes, or other site materials through a plugin, API, hosted sandbox, or coding-agent integration.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Service means any services, platforms, tools, models, processors, integrations, content, data, information, products, or services provided by a third party that may be displayed, included, called, relied on, or made available by or through the Service, including payment processors, AI model providers, hosting providers, WordPress-related services, and coding agents.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2. Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, creating an Account, clicking a sign-up checkbox or similar acceptance button, or using Miles after an in-product notice, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. For higher-risk actions, including connecting or unlocking a Production Site, publishing changes to a Production Site, deleting content, changing site settings, or running agent/API/MCP workflows, We may require an additional in-product confirmation before Miles proceeds.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application, Website, plugin, APIs, sandbox environments, or integrations and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
3. Subscriptions
3.1 Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it. The Company may suspend, restrict, or downgrade Your access to the Service if any payment is overdue or if billing fails and is not resolved within the timeframe specified in the applicable invoice.
3.2 Subscription cancellations
You may cancel Your Subscription renewal either through Your Account
settings page or by contacting the Company.
You will not receive a refund for the fees You already paid for Your
current Subscription period and You will be able to access the Service
until the end of Your current Subscription period.
3.3 Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within the deadline date stated on the invoice (or, if none is stated, within fifteen (15) days of the invoice date), with the full payment corresponding to the billing period as indicated on the invoice.
Billing may be processed by the Company or by a Third-party Service such as Polar or Stripe. Your use of any Third-party Service for payment may be subject to that provider’s own terms, privacy notices, fees, taxes, and processing rules.
3.4 Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
3.5 Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If a Subscription or other payment is processed by a Third-party Service, that provider’s refund, dispute, tax, and payment-processing rules may also apply. The Company is not responsible for delays, errors, outages, chargebacks, or other acts or omissions of any Third-party Service, except to the extent required by law.
3.6 Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
3.7 Payment Processors and Third-party Payments
The Service may allow You to buy products, services, credits, usage, or Subscriptions through the Company or through Third-party Services such as Polar or Stripe.
Payment processing, taxes, invoices, disputes, fraud screening, payment-method storage, and refunds may be handled by Third-party Services and are subject to their own terms, privacy notices, and operational rules. We do not store full payment card numbers on Our own systems; card details are handled by the payment processor, although We may receive limited billing, transaction, tax, and payment-status information.
Unless otherwise stated by the Company or required by law, purchases are non-transferable, non-refundable, and may be used only with the Service.
The Company is not responsible for any payment processor’s downtime, declined transactions, chargebacks, settlement delays, account holds, tax determinations, fraud controls, or other acts or omissions, except to the extent required by law.
You authorize the Company and its payment processors to charge the payment method You provide for amounts due under these Terms, and You agree to keep Your billing and payment information accurate and current.
If You have payment-related issues, You may need to contact the applicable Third-party Service directly. The Company may assist where reasonable but does not control those providers.
4. Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
5. User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password, access tokens, API keys, WordPress credentials, hosting credentials, coding-agent credentials, and other authentication methods that You use to access the Service or connect a Customer Site, and for any activities or actions taken through them, whether with Our Service or a Third- party Service. While We implement reasonable security measures, We do not guarantee the security of stored credentials or tokens and disclaim liability for unauthorized access to or use of Your credentials or Customer Sites to the maximum extent permitted by law.
You agree not to disclose Your password, tokens, API keys, plugin secrets, hosting credentials, or coding-agent credentials to any unauthorized third party. You are responsible for using least-privilege permissions where available, revoking access You no longer need, rotating compromised credentials, and promptly disabling any connection You believe may be unsafe. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account or connected Customer Site.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
6. Content
6.1 Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, or by connecting a Customer Site or otherwise making Content available to the Service, You grant Us a non-exclusive, worldwide, royalty-free, sublicensable right and license to access, use, copy, modify, process, transmit to and through Third-party Services (including AI model providers), publicly perform, publicly display, reproduce, and distribute such Content solely as necessary to provide, maintain, and improve the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and (iii) You have full authority and all necessary rights to connect each Customer Site to the Service and to authorize Miles to perform actions on that Customer Site.
6.2 Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its
sole discretion, determine whether or not any Content is appropriate and
complies with these Terms, refuse or remove this Content. The Company
further reserves the right to make formatting and edits and change the
manner of any Content. The Company can also limit or revoke the use of
the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third
parties on the Service, you agree to use the Service at your own risk.
You understand that by using the Service You may be exposed to content
that You may find offensive, indecent, incorrect or objectionable, and
You agree that under no circumstances will the Company be liable in any
way for any content, including any errors or omissions in any content,
or any loss or damage of any kind incurred as a result of your use of
any content.
6.3 Content Backups
You are solely responsible for maintaining current, complete, tested, and restorable backups of all Content, Customer Sites, databases, themes, plugins, code, settings, credentials, and configurations before You connect a site, enable live write access, authorize changes, or use the Service. The Company may offer sandbox snapshots, change history, or rollback tools, but does not guarantee that any backup, snapshot, version history, or rollback will exist, be complete, be current, or restore Your Content or Customer Site to a usable prior state.
Backups, snapshots, and rollback points may be unavailable, incomplete, corrupted, incompatible, overwritten, or hard to apply for many reasons, including changes made before or during a backup, third-party hosting limits, WordPress or plugin behavior, database state, cached content, credentials, user actions, or Third-party Service failures.
The Company may provide support and attempt to troubleshoot known or discovered backup or rollback issues, but You acknowledge that the Company has no liability for the integrity, completeness, availability, or restoration of Content, Customer Sites, backups, snapshots, rollback points, or version history, or for Your failure to maintain independent backups, to the maximum extent permitted by law.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service. Before You unlock or authorize Miles to write to a Production Site, You represent that You have made or confirmed a recent, independent, restorable backup of that site and have authority to allow Miles to make the requested changes.
7. Artificial Intelligence and Automated Actions
7.1 AI-Powered Features
The Service uses artificial intelligence (AI) and machine learning technologies to provide features including, but not limited to: website and landing page generation, WordPress theme creation and conversion, content generation, automated plugin installation and configuration, site management, editing, creation, deletion, and other automated actions performed on Your behalf. You may use the Service through a WordPress plugin on Your production, staging, local, or sandbox environments; Bymiles-hosted sandbox WordPress environments; APIs; MCP or similar protocols; or coding-agent integrations such as Claude, Cursor, or other tools that call the Service.
7.2 Third-Party AI Services
To provide AI-powered features, We may utilize third-party AI service providers, infrastructure providers, model providers, hosting providers, WordPress-related providers, payment processors, and coding-agent integrations, including providers such as Anthropic, OpenAI, Google, Polar, Stripe, and others. We may update these providers over time and may maintain an evergreen provider/subprocessor page for current information. Your use of AI features and Third-party Services is subject to those providers’ terms and policies in addition to these Terms.
7.3 No Guarantee of Accuracy
AI-generated content is provided for informational and convenience purposes only. AI-generated outputs do not represent the views, opinions, or endorsements of the Company, its employees, affiliates, or any individuals or organizations. The content is generated by machine learning algorithms and should not be attributed to any human author or interpreted as the official position of the Company on any matter.
We make no representation or warranty regarding the accuracy, reliability, completeness, suitability, or quality of any content, code, designs, instructions, actions, or other outputs generated or performed by the AI features. AI-generated outputs and automated actions may:
Contain errors, inaccuracies, or incomplete information
Be misleading, outdated, or factually incorrect
Produce unexpected, unintended, over-scoped, under-scoped, poorly designed, or misinterpreted results
Vary in quality and may not meet Your specific needs
Not be unique and may be similar to outputs generated for other users
7.4 User Responsibility for AI Outputs
You are solely responsible for reviewing, verifying, supervising, testing, and approving all AI-generated content, code, designs, settings, instructions, and automated actions before publication, deployment, or continued use. By using the AI features, You agree that:
You will carefully evaluate all AI-generated outputs and automated actions before publishing, deploying, applying, or otherwise using them
You are responsible for ensuring AI-generated content complies with all applicable laws, regulations, and third-party rights
You will not publish or use AI-generated content without appropriate human review
You assume all responsibility for the content, data, information, instructions, scope, and actions generated or carried out through the Service, including where Miles misunderstands Your request, does too much, does too little, or applies a change in an unexpected place
You are responsible for any consequences arising from Your use of AI-generated outputs or automated actions, including testing changes, checking affected pages and settings, and deciding whether to publish, revert, or keep any change
7.5 Representation of AI-Generated Content
When using, publishing, or sharing AI-generated content, You agree that:
You will not represent AI-generated content as being entirely human-created when such representation would be misleading or deceptive
You will not represent AI-generated content as being entirely AI-created if You have substantially modified or edited it
You are responsible for any representations You make about the origin or authorship of content created using the Service
7.6 Your Responsibilities When Deploying AI Content
If You use the Service to create websites, content, or other materials that will be accessed by Your own customers, clients, or end users, You acknowledge and agree that:
You are solely responsible for informing Your end users about Your use of AI-generated content where required by applicable law or industry standards
You are responsible for ensuring that AI-generated content, site changes, disclosures, cookies, notices, accessibility choices, marketing claims, and other materials deployed to Your end users comply with all applicable laws and regulations in the countries where You operate or target users
You will not use AI-generated content in a manner that deceives Your end users about the nature or source of the content
Any claims, disputes, or issues arising from Your end users’ interaction with AI-generated content are Your sole responsibility
7.7 Prohibited Uses of AI Features
In addition to the Content Restrictions set forth above, You may not use the AI features to:
Generate content intended to deceive others about AI involvement
Create deepfakes or synthetic media of real individuals without their consent
Generate content designed to manipulate, defraud, or mislead others
Produce content that infringes on third-party intellectual property rights
Create spam, phishing materials, or malicious content
Generate illegal content or content that promotes illegal activities or violence
Impersonate individuals, organizations, or AI systems
Circumvent safety measures or content filters in AI systems
Use outputs to train competing AI models without authorization
7.8 Intellectual Property of AI Outputs
You retain ownership of content You create using the Service, subject to these Terms. However:
We cannot guarantee that AI-generated content does not infringe third-party intellectual property rights
You assume all liability for claims that AI-generated content infringes any third-party rights
You are responsible for conducting appropriate due diligence before using AI-generated content commercially
7.9 Automated Actions on Your Systems
The Service runs on the Company’s servers as the AI brain and interacts with Your WordPress installation, Customer Site, Bymiles sandbox, APIs, and connected services on Your behalf, including through plugins, API calls, MCP or similar protocols, and coding-agent integrations. The Service may perform automated actions including, but not limited to:
Installing, activating, deactivating, or removing plugins and themes
Modifying website content, pages, posts, and media
Changing website configurations, settings, access controls, and connected-service configurations
Deleting or overwriting existing content
Making database, file, theme, plugin, configuration, and API-level modifications
By using the Service, connecting a Customer Site, issuing instructions, granting credentials or tokens, or allowing a coding agent or other integration to call the Service, You expressly authorize the Company and the Service to perform these actions, including actions that may modify, overwrite, take offline, break, or delete existing content, code, settings, or functionality.
Production Site access may require an unlock or confirmation flow, such as checking a required confirmation box acknowledging that You have current backups and understand the risk of live write access. If You complete that flow or otherwise authorize or initiate live changes to a Production Site, You confirm that You have authority to do so, have made appropriate backups, and accept the risks of applying automated changes to a Production Site. You acknowledge and agree that:
Automated actions may result in data loss, content loss, content deletion, overwriting, broken functionality, security issues, website malfunction, downtime, or a Production Site being unavailable to customers or users
Plugin installations may conflict with existing plugins or themes, potentially causing site instability or downtime
Actions taken by the AI or by connected integrations cannot always be undone, and rollback may be limited, unavailable, incomplete, manual, time-consuming, or unsuccessful
You are solely responsible for maintaining complete backups of Your website, database, and all content before using the Service
We strongly recommend using a staging, local, or Bymiles-hosted sandbox environment for testing before applying changes to Production Sites, but sandbox rollback, snapshots, and previews may be limited and are not guaranteed
We are not liable for any damage, data loss, content loss, corruption, downtime, business interruption, lost revenue, lost profits, security compromise, rollback failure, or other issues resulting from automated actions, third-party processor failures, Your instructions, Your credentials or tokens, Your failure to maintain backups, or actions requested by You, initiated by the AI, or invoked through a coding agent or other integration, to the maximum extent permitted by law
YOU USE THE AUTOMATED FEATURES AT YOUR OWN RISK.
7.10 Not Professional Advice
AI-generated content is not a substitute for professional advice. The Service does not provide legal, financial, medical, or other professional advice. You should consult appropriate professionals for advice specific to Your situation.
7.11 Limitation of Liability for AI Features
Without limiting other liability limitations and disclaimers in these Terms, and subject to the liability cap stated in Section 13 (Limitation of Liability), the Company shall not be liable for any damages arising from automated actions performed by or through the Service, including but not limited to: website downtime, plugin conflicts, data corruption, content deletion, lost revenue, rollback failure, security vulnerabilities introduced by third-party plugins or credentials, or any other issues resulting from changes made to Your WordPress installation, Customer Site, coding-agent workflow, API/MCP pathway, or connected services.
7.12 Indemnification for AI-Related Claims
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use of AI-generated content
Claims that AI-generated content created through Your use of the Service infringes third-party rights
Your failure to comply with these Terms or applicable laws regarding AI-generated content, automated actions, Customer Sites, credentials, backups, privacy, security, consumer protection, accessibility, marketing, or international compliance
Your representations about AI-generated content to third parties
Any claims brought by Your end users related to AI-generated content, site changes, downtime, data or content loss, disclosures, or Your use of the Service with Your Customer Sites
8. Copyright Policy
8.1 Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at dmca@bymiles.ai and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
8.2 DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail). For copyright claims under Canadian, EU, or other applicable law, You may submit a notice with substantially equivalent information to the same Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at
dmca@bymiles.ai.
Upon receipt of a notification, the Company will take whatever action,
in its sole discretion, it deems appropriate, including removal of the
challenged content from the Service.
9. Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
10. Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
11. Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
12. Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Sections relating to intellectual property, feedback, indemnification, limitation of liability, disclaimers, governing law, dispute resolution, and any other provisions that by their nature should survive, will survive any termination or expiration of these Terms.
Upon termination, Your right to use the Service will cease immediately and You must disconnect all Customer Sites and revoke any credentials, tokens, or access granted to the Service. The Company may delete Your Account data, sandbox environments, and any associated Content after termination, and is not obligated to maintain or provide any data after Your Account is terminated. If You wish to terminate Your Account, You may simply discontinue using the Service.
13. Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the greater of (a) the amount actually paid by You to the Company for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100), in the aggregate for all claims, except to the extent applicable law requires otherwise.
Nothing in these Terms excludes or limits the Company’s liability where it cannot be excluded or limited under applicable law (including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence), and nothing in these Terms affects any mandatory statutory rights You have as a consumer. Subject to the foregoing, and to the maximum extent permitted by law, the cap and exclusions in this Section apply in the aggregate to all claims arising out of or relating to the Service, including claims arising from AI-generated outputs and automated actions.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, loss of goodwill, loss of customers, loss of reputation, cost of procurement of substitute services, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In those jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.
14. “AS IS” and “AS AVAILABLE” Disclaimer
THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. The Company will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond its reasonable control, including third-party service outages, AI model provider disruptions, internet failures, natural disasters, government actions, or other force majeure events.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
15. Privacy, providers, and data-processing terms
Your use of the Service is also subject to Our Privacy Policy and, where applicable, any data processing addendum, subprocessor notice, international-transfer terms, and provider-specific notices referenced by Us. We will maintain an evergreen provider and subprocessor page identifying material providers and subprocessors used for the Service, including AI, hosting, payment, infrastructure, WordPress-related, analytics, support, and communications providers. Where GDPR or similar law requires it, We will give reasonable prior notice of new or replacement subprocessors through that page, email, in-product notice, or account notice, and You may object or terminate affected Service use as stated in the applicable data processing terms.
16. Governing Law
The laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding their conflict of law rules, govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, provincial, national or international laws.
17. Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company in writing at the contact information provided in these Terms.
If the dispute is not resolved within thirty (30) days, You agree that the courts of the Province of British Columbia, Canada will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and You and the Company irrevocably attorn to the jurisdiction of those courts, subject to any mandatory right of a consumer to bring proceedings in their place of residence. To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the cause of action accrues, or it will be permanently barred.
18. For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident. To the extent required by applicable EU consumer protection law, You may have a right of withdrawal from a Subscription within 14 days of purchase; however, You acknowledge and agree that by requesting immediate access to the Service upon purchase, You may lose that right of withdrawal in accordance with applicable law.
19. Sanctions and International Compliance
You represent and warrant that (i) You are not located in a country that is subject to a Canadian, United States, United Kingdom, European Union, United Nations, or other applicable sanctions or export-control restriction, and (ii) You are not listed on any applicable government list of prohibited or restricted parties. You are responsible for ensuring that Your use of the Service, Customer Sites, content, end-user notices, exports, and data transfers complies with laws that apply to You and Your users, including privacy, consumer protection, marketing, accessibility, intellectual property, sanctions, export-control, and AI-related laws. Any breach of this representation may result in immediate termination of Your Account and You will indemnify the Company for any resulting claims, losses, or penalties.
20. Severability and Waiver
20.1 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
20.2 Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
21. Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
22. Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect, such as by email, in-product notice, account notice, or posting an updated version with a new effective date. What constitutes a material change will be determined by Us acting reasonably.
By continuing to access or use Our Service after those revisions become effective, clicking an updated acceptance checkbox, or completing an in-product confirmation after notice of revised Terms, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
23. Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email (legal notices): legal@bymiles.ai
Privacy and data protection: privacy@bymiles.ai
Security: security@bymiles.ai
By mail: 1571563 B.C. LTD., 112 – 970 Burrard Street, Office# 1058, Vancouver, BC V6Z 2R4
Support: support@bymiles.ai