Terms of service

These terms are an agreement between Migaru LLC, a Wyoming limited liability company, of 1175 Fox Pointe Drive, Cheswick, PA 15024, United States (“Migaru”, “we” or “us”), and the organization that signs up for or orders Migaru (“you”). They cover the Migaru web app, the Migaru apps for iPhone and Android, the API and the MCP server (together, “the service”). The person who accepts them for an organization confirms that they may do so.

If you sign an order form with us, as Growth and Enterprise customers do, the order form, these terms and the data processing agreement are one agreement, and where they disagree the order form wins, then the data processing agreement, then these terms.

1. Your data is yours

Everything your workspace puts into Migaru or connects to it, and everything Migaru writes from that for you, is your data, and you own it. You give us the right to process it only to run the service for you, as the data processing agreement sets out. We do not sell it, and we do not use it to train AI models, ours or anyone else’s.

You can take it with you at any time. An owner or admin can export the whole workspace from Settings → General: every record, the links between records, field history, files, call transcripts and recordings, and pages, as CSV, JSON and Markdown in zip files, with every recording a download of its own. It leaves out only what a member keeps from the rest of the workspace, their private pages, pages shared only with the people they invite and the calls they share as who and when alone, and lists what it left out. The downloads last 7 days, and can be asked for again. Any view also exports on its own as CSV, Excel or JSON, and every record can be read through the API and the MCP server.

We own the service itself, and the software, designs and know-how behind it. If you send us feedback, we may use it without owing you anything for it.

2. Accounts and users

Every person in your workspace, whatever their role, counts as a user, and so does anyone with an invitation still waiting. You are responsible for who you let in, for what they do in the workspace, and for keeping sign-ins to yourselves. Tell us at once if you think an account has been used without permission.

Migaru is a business tool, for people 16 or over acting for an organization.

3. Plans, trials and fees

What each plan includes, and what it costs, is on the pricing page or in your order form. Starter is billed monthly for each user. Pro and Growth are billed a year at a time, in advance. Enterprise is billed as its order form says.

Starter and Pro start with a 14-day free trial. The card added at sign-up is charged when the trial ends, unless you cancel before then.

Fees are due when they are billed and are exclusive of taxes, which you pay except for taxes on our income. If a payment fails, we retry it and tell you, and we may suspend the workspace if it is still unpaid 30 days later. Suspending it deletes nothing.

We may change our prices. A new price applies from your next renewal, and we tell you at least 30 days before it does.

4. Refunds

Fees are not refundable, except that we refund the part of any fees you prepaid that covers time after:

• we close the service, or end your subscription for any reason other than your breach of these terms;
• you end the agreement because we have broken it in a material way and not put it right within 30 days of your telling us;
• you end the agreement before a change to these terms that materially reduces what you get takes effect (section 12).

A refund is of the unused part, worked out by the day, and is paid to the card or account the fees came from within 30 days. Service credits are in section 6.

5. Using the service properly

You agree not to:

• break the law with it, or use it to send email that anti-spam laws forbid (such as CAN-SPAM, GDPR and PECR), or to anyone who has asked not to hear from you;
• record or transcribe people without the notice or consent the law where they are requires (section 7);
• upload anything you have no right to, or anything malicious;
• get around its limits or security, probe it for weaknesses except as our vulnerability disclosure policy on the trust center allows, or copy, resell or reverse-engineer it;
• put so much load on it that it degrades the service for other customers.

If something in your workspace puts the service, other customers or the people you email at risk, we may stop that part of it, such as a campaign, at once, and we tell you why. For anything else, we tell you first and give you a fair chance to put it right.

6. Availability and service credits

On Enterprise, the service is available at least 99.9% of the time in every calendar month. If it is not, you can claim a credit against the fees for that month:

• Below 99.9%: 10% of that month’s fees (a twelfth of an annual fee).
• Below 99.0%: 25% of that month’s fees (a twelfth of an annual fee).
• Below 95.0%: 50% of that month’s fees (a twelfth of an annual fee).

Available means that the web app and the API answer requests. It is measured in minutes over the month, and time does not count against it when the service is down because of maintenance we announced at least 48 hours ahead, your own systems or network, services you connect to it (such as your mail provider, calendar or video-call platform), the AI models, notetaker or search providers the service relies on, features marked as beta or coming soon, a suspension these terms allow, or events beyond our reasonable control.

Claim a credit by emailing support@migaru.ai within 30 days of the month’s end. It comes off your next invoice, or is paid out if the agreement has ended. Credits are your remedy for the service being unavailable, and together they come to no more than half of a month’s fees.

On every plan, we run the service with reasonable care and skill, and fix what goes wrong as quickly as we reasonably can.

7. Recordings, outreach and AI

Recording calls. The notetaker joins only the calls of a person who turns it on, and announces itself in the call’s chat as it joins. Some places require everyone on a call to agree to be recorded, and an owner or admin can set the notetaker to ask for that: it then tells the call, and anyone who joins later, that it is recording, and if anyone types “stop” in the chat or removes it, it leaves at once and that call’s recording and transcript are deleted. Whichever you choose, you are responsible for getting any agreement, and giving any notice, the law where people are requires.

Email. Migaru drafts follow-ups and sequence steps for a person to review, and sends nothing to your customers without a person approving it, or writing and launching the campaign that sends it. What you send is yours, and so is making sure you are allowed to send it.

AI. Suggestions, drafts, summaries and answers are written by AI and can be wrong. Read them before relying on them. Every change to a record’s fields, the AI’s included, is kept in its history, with what the field said before and what changed it.

8. Support

A person answers support email within:

• Starter, Pro and Growth: one business day.
• Enterprise: four business hours.

Pro, Growth and Enterprise also get a shared Slack channel with our team. Business hours and business days are 9 a.m. to 6 p.m. US Eastern time, Monday to Friday, except US federal holidays.

9. Security and personal data

We protect your data as the trust center describes, and process the personal data in it under the data processing agreement, which is part of these terms. If a breach of security affects your data, we tell your workspace’s owners without undue delay, and within 72 hours of becoming aware of it. Report a vulnerability to security@migaru.ai.

10. Ending the agreement

Ending it yourself. An owner can cancel the subscription at any time in Settings → Billing. Nothing renews after that, and the workspace stays as it is until the end of the period you have paid for, or of the trial. Annual plans renew for another year unless cancelled before the renewal date.

Ending it for a breach. Either of us can end the agreement if the other breaks it in a material way and does not put it right within 30 days of being told.

Read-only for 90 days. When a subscription ends, for whatever reason, the workspace becomes read-only for 90 days. Everyone in it can still sign in, read, search and export everything, including the whole-workspace export, but nothing can change it, and syncing, the notetaker, campaigns and workflows stop. Subscribing again in that time puts everything back as it was.

Then deleted, and confirmed. Within 30 days after the read-only period, we delete the workspace and everything in it: its records, files, recordings, transcripts and the accounts of the people in it. We email its owners when it is done. Deleted data is gone from our database backups within [Neon history retention, e.g. 7 days] after that.

Deleting it sooner. An owner can delete the workspace at any time in Settings → General. It is locked at once and deleted 14 days later, and any owner can keep it until then.

11. If we close the service

If we ever stop running Migaru, we tell every workspace’s owners by email at least 90 days before the service closes. Until then it runs as it always has. When it closes, every workspace gets the same 90 read-only days to export everything, then is deleted and confirmed as in section 10, and we refund the part of any prepaid fees that covers time after the service closed.

12. Changes to the service and to these terms

The service changes as we improve it. We will not take away a feature your plan is sold with during a term you have paid for without giving you the choice of a pro-rata refund.

We may change these terms. We tell workspace owners by email at least 30 days before a change that matters takes effect, and update the date at the top. If a change materially reduces what you get, you can end the agreement before it takes effect, and we refund prepaid fees for the rest of the term.

13. Confidentiality

Each of us keeps what the other shares in confidence confidential, uses it only for this agreement, and shares it only with people who need it for that and are bound to keep it confidential too. This does not cover what is public through no fault of the one receiving it, what they already had or built themselves, or what the law requires them to disclose, if they tell the other first where they lawfully can.

14. Warranties

We promise that the service will do materially what we say it does, and that we will not make it materially less secure during your subscription. If it does not, tell us and we will fix it, or, if we cannot, either of us may end the affected subscription and we will refund what you prepaid for the rest of it.

Apart from what these terms say, the service is provided as it is, and we make no other promises, including implied ones about fitness for a particular purpose or that it will be free of every error.

15. Liability

Neither of us is liable to the other for indirect or consequential loss, or for lost profits, revenue or goodwill, even if told it was possible.

Each party’s total liability under this agreement is limited to the fees you paid or owed in the 12 months before the claim arose.

These limits do not apply to fees you owe, to either party’s obligations under section 16, or to liability the law does not allow to be limited, such as for fraud.

16. Claims from others

We defend you against a claim that the service, as we provide it, infringes someone else’s intellectual property, and pay what a court awards or we agree to settle for. You defend us against a claim arising from your data, or from your use of the service in breach of section 5. Whoever is defended tells the other promptly, lets them run the defence, and helps where reasonable.

17. Other services

Migaru connects to services run by others, such as Google, Microsoft, Slack, Zoom and the CRMs it imports from. Your use of them is under their own terms, and we are not responsible for them.

18. General

These terms are governed by the laws of the State of Wyoming, and the state and federal courts located in the State of Wyoming have exclusive jurisdiction over any dispute about them.

We send notices to the email addresses of your workspace’s owners. Send notices to us at support@migaru.ai, and legal notices also by post to 1175 Fox Pointe Drive, Cheswick, PA 15024, United States.

Neither of us may transfer this agreement without the other’s agreement, except to a company that takes over all or most of the business it relates to, which takes on everything in it. Neither of us is responsible for a delay caused by something beyond our reasonable control. If a court finds part of these terms unenforceable, the rest stands. Not enforcing a term is not giving it up. This agreement is everything agreed between us about the service.

Contact

Questions about these terms: support@migaru.ai.