Terms of Service

Last Update: 13 October 2026

These Terms of Service (“Terms”) govern your access to and use of the MIA Platform made available at https://mia-platform.ambr.io (the “Platform”), the account, authentication, MIA Points and related services we offer through it and where so indicated, your use of the MIA Products (collectively, the “Services”). These Terms are a contract between you (an individual, or an entity acting through an authorized individual) and iClick Interactive Asia Limited, a company incorporated in the Hong Kong Special Administrative Region (“MIA”, “we”, “us” or “our”). By creating an Account, purchasing MIA Points or otherwise accessing or using the Services, you agree to these Terms. If you do not agree, you must not use the Services.

Our Privacy Policy, available at https://mia-platform.ambr.io/legal/privacy (as amended from time to time, the “Privacy Policy”), describes how we collect and use personal information and is incorporated into these Terms by reference.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT THE NATURE OF MIA POINTS (SECTION 5), REFUNDS (SECTION 6), LIMITATIONS OF OUR LIABILITY (SECTION 11) AND GOVERNING LAW AND THE RESOLUTION OF DISPUTES, INCLUDING A REQUIREMENT THAT DISPUTES BE BROUGHT ON AN INDIVIDUAL BASIS (SECTION 13).

1. Who We Are and What the Platform Does.

MIA develops and operates a family of AI-powered products and tools (each a “MIA Product” or “Product”). The Platform is the shared account, authentication and billing portal for the MIA Products. Through the Platform you can: (a) create and manage a MIA account by signing in with a supported third-party identity provider, your email or other supported means of authentication (an “Account”); (b) purchase MIA Points (as defined in Section 5), whether on a one-time basis or under a recurring subscription plan, for use across the MIA Products; and (c) view your MIA Points balance, top-up history and consumption records.

The Platform does not itself provide AI functionality or other end-user features. Those are delivered through the MIA Products, each of which may be subject to its own product-specific terms, guidelines or documentation (“Product Terms”). Product Terms form part of, and supplement, these Terms in respect of the relevant Product. In the event the Product Terms conflict with these Terms, the Product Terms govern solely in respect of that Product and only to the extent of the conflict. MIA may add, modify, suspend, limit or discontinue any Product or feature at any time, and Product availability may vary by jurisdiction and Account type.

2. Eligibility, Accounts and Access.

Eligibility. You may use the Services only if you meet the following conditions: (a) to the extent you are an individual, you have full legal capacity to enter into these Terms and are at least 18 years old or the minimum age required to consent to use the Services in your jurisdiction, whichever is higher; (b) to the extent you are an entity, you are duly organised and validly existing under the applicable laws of the jurisdiction of your organisation, (c) unless otherwise disclosed to us, you are acting solely for your own account and not on behalf of any other person; and (d) if you are an individual, you are not located in, under the control of, or resident in, or, if you are an entity, not be directly or indirectly owned or controlled by any person located in, under the control of, or organized or resident of, a jurisdiction we do not support.

Geographic Availability. MIA may use geolocation, IP blocking, onboarding checks, payment-channel restrictions and such other measures as it considers necessary to restrict or limit access to the Services. MIA may from time to time modify the jurisdictions in which the Services or any Product are available, or impose jurisdiction-specific eligibility requirements, conditions or feature limitations. The Services are not offered or made available in any jurisdiction where their provision would be unlawful or would require MIA to obtain any licence, registration, authorisation or approval that it does not hold.

Ongoing Representations. Each time you access or use the Services, you represent and warrant that: (a) you satisfy all eligibility requirements in this Section 2; (b) all information you have provided to MIA is complete, accurate and up to date; and (c) your access to and use of the Services complies with all applicable laws and regulations and does not violate any agreement binding on you, including the terms of any Identity Provider or payment method you use.

Personal Accounts and Organisation Accounts. These Terms govern both (a) Accounts held by natural persons for their personal use (“Personal Accounts”) and (b) Accounts provisioned, administered or funded by or on behalf of an entity (“Organisation Accounts”); provided that to the extent you are an entity, the use, allocation and refund of any Points with respect to your Organisation Accounts will be governed by the applicable Service Order (including any agreements or documents referenced therein) you have entered into with MIA (“Service Order”), and Sections 5 and 6 of these Terms will not apply to you. If these Terms conflict with the terms of a Service Order in respect of an Organisation Account, the latter shall prevail to the extent of the conflict.

Third-Party Sign-In. You may create and access your Account by authenticating through a third-party identity provider supported by MIA from time to time (each an “Identity Provider”). By signing in through an Identity Provider you authorise MIA to receive from such Identity Provider the identifiers and profile information described in the Privacy Policy and to use them to create, identify and secure your Account. Your relationship with each Identity Provider is governed by that Identity Provider’s own terms of service and privacy policy. We do not control those services and do not receive your third-party passwords. Your ability to use third-party sign-in depends on the availability of those third-party services, and MIA is not responsible for the availability, security or acts or omissions of any Identity Provider. If you lose access to, or control of, the Identity Provider account you use to sign in, or if the Identity Provider suspends or terminates such account, you may be unable to access your Account, and MIA has no obligation to restore access other than through the account recovery procedures MIA may make available from time to time. We may also suspend or restrict access where an Identity Provider indicates your sign-in is compromised or fraudulent. If you create an account with one method (for example, email and password) and later use a third-party sign-in tied to the same verified email or phone number, we may link or merge those sign-in methods for the same Account, subject to our security checks. We may require additional verification (including multi-factor authentication) before linking or merging.

Account Security. You are responsible for maintaining the security of the Identity Provider account and any device or session used to access your Account, and you must not share your Account with, or permit it to be accessed or used by, any other person. You are responsible for all activity conducted through your Account, including all MIA Points purchased and consumed through it. You must notify us promptly if you become aware of or reasonably suspect any unauthorised access to or use of your Account. Subject to any unauthorised access of which MIA has been notified, MIA may treat any instruction, purchase or consumption through your Account as having been authorised by you. MIA is not liable for any MIA Points lost or consumed as a result of your failure to exercise reasonable care over your Identity Provider account, devices or sessions.

Communications. You authorise us to use your Account information to communicate with you regarding the Services. To the extent permitted by applicable law, you consent to receive communications, agreements, disclosures, notices and other information from us electronically, including through the Platform, by in-product announcement or by email to the address associated with your Account. Any such electronic communication will satisfy any legal requirement that the relevant communication be provided in writing.

Closing Your Account. To the extent you hold a Personal Account, you may close your Account at any time by contacting us. Closing your Account cancels any active Subscription (as defined in Section 5) with effect from the date of account closure, and no further Subscription charges will be made. On closure, any unconsumed MIA Points will be handled in accordance with Section 6.

3. Use of the Services.

You may access and use the Services only in accordance with these Terms and any applicable Product Terms (the “Permitted Use”).

You must not, and must not permit, assist or enable any other person to, access or use the Services:

• in any manner that violates any applicable law or regulation, including any sanctions, anti-money laundering, counter-terrorist financing, export control, data protection or consumer protection law or regulation;

• to generate violent, extremist, sexually explicit, deceptive, discriminatory, hateful, or otherwise harmful content or child sexual abuse material;

• to offer or provide any product or service that competes with any MIA Product, including by using any output to develop, train, fine-tune or benchmark any artificial intelligence or machine learning model;

• to purchase MIA Points using fraudulent, stolen or unauthorised payment credentials or methods, or by any other means of deception;

• to circumvent or attempt to circumvent any top-up limit, risk-management control, geographic, jurisdictional, technical or other restriction applicable to the Services, including by misrepresenting your identity or location or by using a VPN, proxy or similar means to evade geolocation or access controls;

• to register or operate multiple Personal Accounts, or to use another person’s Account, including for the purpose of obtaining sign-up grants or other one-time promotional benefits more than once;

• to sell, resell, rent, lend, sublicense, gift, trade to any other person or otherwise commercially exploit your Account, any MIA Points or any access to the Services, or to attempt to do so;

• to decompile, disassemble, reverse engineer or otherwise attempt to derive or discover the source code, underlying components, models, algorithms or structure of the Services or any Product, except to the extent such restriction is prohibited by applicable law;

• to crawl, scrape, index, harvest, extract or otherwise collect data or information from the Services by automated means, or through any bot, script or other automated or non-human means, except as expressly permitted by MIA;

• to obtain or attempt to obtain unauthorised access to any account, system, network, data or information, or to impersonate, mislead or deceive any person;

• to infringe, misappropriate or otherwise violate any intellectual property, privacy, publicity or other legal right of any person; or

• in any other manner that materially interferes with or adversely affects another person’s access to or use of the Services, or that MIA reasonably determines could expose MIA, its affiliates, its users or any other person to material legal, regulatory, security, operational, financial or reputational risk.

You must not abuse, damage, interfere with, disrupt or impair the operation, integrity or security of the Services, any Product, any Identity Provider or Payment Processor, or any other related system or network. Without limitation, you must not (i) introduce any virus, malware or other malicious code, (ii) engage in spamming or other abusive traffic generation, or carry out, facilitate or participate in any denial-of-service attack, (iii) probe, scan or test the vulnerability of any system without authorisation, or (iv) bypass, disable, circumvent or otherwise interfere with any security, authentication, access-control, rate-limiting or other protective measure.

MIA may monitor use of the Services for compliance with these Terms and, where MIA reasonably suspects a violation of this Section 3, may suspend or restrict access to the Services or any Product, decline or hold Top-Up transactions, cancel or revoke MIA Points obtained in breach of these Terms, or suspend or terminate your Account, in each case subject to these Terms and applicable law.

4. Inputs, Outputs and Materials.

The following provisions apply to Personal Accounts only.

Inputs. You may interact with the MIA Products in a variety of formats by providing prompts, instructions, content or other information (collectively, “Inputs”). Based on your Inputs, MIA Products may generate responses or other content (collectively, “Outputs”). Inputs and Outputs are referred to collectively as the “Materials.” You are responsible for the Inputs you provide. By providing any Input, you represent and warrant that: (a) you have all rights, licenses, consents and permissions necessary for MIA to process and use the relevant Inputs; and (b) your provision of such Inputs will not violate these Terms or any applicable law or regulation.  As between you and MIA, and to the extent permitted by applicable law, you retain all right, title and interest that you have in your Inputs.

Outputs. Output is generated by automated systems and may be inaccurate, incomplete or unsuitable for your purposes. MIA does not warrant the accuracy, completeness or suitability of Output and does not provide legal, financial, medical or other professional advice through the MIA Products. You shall review and assess Output before relying on or publishing it and are solely responsible for its use of Output. Similar or identical Output may be generated for other users. MIA does not warrant that Output will be unique or that any intellectual property rights will subsist in, or be enforceable by you, in respect of any Output. Subject to your compliance with these Terms, MIA hereby assigns to you all of its right, title and interest, if any, in and to the Outputs.

Use and Processing of Materials. We may process and use Materials as necessary to provide, operate, maintain and improve the Services. You acknowledge and agree that: (a) in providing the Services, your Inputs and other relevant data may be processed by third-party artificial intelligence model, cloud infrastructure and other service providers acting on our behalf; and (b) your interactions with the MIA Products, including any Inputs and Outputs, may be logged and retained in connection with our provision of Services, or as otherwise mandated by legal, regulatory, or compliance requirements.

5. MIA Points.

The following provisions apply to Personal Accounts only.

Nature of MIA Points. “MIA Points” or “Points” are prepaid credit units issued by MIA that may be redeemed within the MIA Products to consume AI compute and related services at the consumption rates disclosed within the relevant Product. Points may be acquired through the Platform as a one-time purchase (a “One-Time Purchase”), under a recurring subscription plan under which Points are issued to your Account periodically (a “Subscription”), or granted by MIA without charge as part of a sign-up, promotional or other programme (“Promotional Points”). Each payment for a One-Time Purchase or a Subscription (including for the Initial Term and any Renewal Term) is hereinafter referred to as a “Top-Up”. When you purchase MIA Points, you are prepaying for access to services provided by MIA through the MIA Products. Your payment is received by MIA as consideration for that prepaid entitlement.

MIA POINTS REPRESENT A LIMITED, NON-TRANSFERABLE CONTRACTUAL ENTITLEMENT TO ACCESS OR USE SERVICES PROVIDED BY MIA THROUGH THE MIA PRODUCTS, SUBJECT TO THESE TERMS AND APPLICABLE LAW. THEY ARE NOT LEGAL TENDER, DO NOT EARN INTEREST AND MAY NOT BE USED TO MAKE PAYMENTS TO OTHER PERSONS OR TO PURCHASE GOODS OR SERVICES FROM OTHER SUPPLIERS. THEY DO NOT CONFER ANY OWNERSHIP INTEREST IN MIA OR ANY MIA PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6 OR REQUIRED BY APPLICABLE LAW, MIA POINTS ARE NOT REFUNDABLE, REDEEMABLE OR EXCHANGEABLE FOR CASH OR ANY OTHER ASSET, AND MAY BE USED ONLY FOR THE PURPOSES FOR WHICH THEY WERE ISSUED.

Purchasing Points. Top-Ups are available for Personal Accounts only and are processed through a checkout page hosted by our third-party payment processors (collectively, the “Payment Processor”). The payment channels may include, as we decide to make available from time to time at our sole discretion (including depending on your region and Account status), credit and debit cards, Alipay (international version) and WeChat Pay (international version). By completing a Top-Up you agree to the following:

• Price and Currency. The price of Points and the number of Points you will receive for a given payment amount under a Top-Up are displayed on the Platform at the time of purchase. Top-Up amounts are denominated in United States dollars (USD). If you pay using a non-USD payment method, your payment provider or card issuer will convert the amount at its applicable exchange rate and may charge conversion fees. MIA is not responsible for any fluctuations in exchange rate and will not reimburse currency conversion fees or differences.

• Billing Information and Authorisation. You must provide complete, accurate and current billing information and a valid payment method that you are authorised to use (the “Payment Method”). You authorise MIA and the Payment Processor to charge your Payment Method for the Top-Up amount and any applicable taxes. Your card issuer may require additional cardholder verification (such as 3-D Secure). If you do not complete any verification step prompted at checkout, your payment will be declined.

• Top-Up Limits. MIA applies per-transaction and cumulative Top-Up limits, which are displayed at checkout at the time of purchase. Limits may increase based on your Account’s history. MIA may reduce or suspend an Account’s Top-Up capacity for risk-management reasons without prior notice.

• Payment Confirmation and Crediting. In the case of a One-Time Purchase, Points will be credited to your Account only after MIA receives confirmation of successful payment from the Payment Processor. Being redirected to a “success” page does not, by itself, constitute payment confirmation. Points will typically appear in your Account within a few minutes of payment confirmation. If they have not appeared within 24 hours after payment confirmation, please contact us. Each checkout session typically expires 30 minutes after it begins. If you do not complete payment within that period, you must initiate a new Top-Up. In the case of a Subscription, Points will be credited in accordance with the applicable issuance schedule of your Subscription.

• Billing Statement Descriptor. For card payments, the merchant name shown on your card or bank statement will be “MIA”. If you do not recognise a charge, please contact us to verify the transaction before initiating any dispute with your card issuer.

• Risk Review and Holds. MIA or the Payment Processor may decline, place on hold, reverse or restrict any Top-Up for risk management, fraud prevention, sanctions, anti-money laundering or other compliance purposes, including where automated screening flags potential fraud, unusual Account activity is detected or a breach of these Terms is suspected. Points will not be credited while a Top-Up is on hold. MIA will notify you of the outcome upon completion of its review. If a Top-Up is not approved and payment has been collected, MIA will arrange for the payment to be refunded to your original Payment Method in accordance with the refund method provisions in Section 6.

• Payment Processor. Payments are processed by the Payment Processor in accordance with its own terms of service and privacy policy. To the extent permitted by applicable law, MIA is not liable for any error, delay or failure caused by the Payment Processor, your card issuer, your payment provider or any other third party involved in processing your payment.

Subscriptions. By purchasing a Subscription, you agree to the following:

• Subscription Term and Automatic Renewal. Your Subscription will begin on the date specified at the time of purchase and continue for the initial subscription period disclosed to you at that time (the “Initial Term”). Unless you cancel your Subscription before the end of the then-current term, your Subscription will automatically renew for successive periods of the duration disclosed to you at the time of purchase (each, a “Renewal Term”), and MIA will charge the applicable subscription fee and taxes to your Payment Method at the beginning of each Renewal Term. Your Subscription will continue to renew automatically until cancelled in accordance with these Terms.

• Subscription Cancellation. You may cancel your subscription at any time through the cancellation functionality made available through the Services or by contacting us at [email protected]. To prevent renewal for the next Renewal Term, you must cancel your Subscription before the applicable renewal date. Unless otherwise required by applicable law, cancellation will take effect at the end of the then-current Initial Term or Renewal Term, and fees already paid will not be refunded. You will continue to receive any Points scheduled to be issued for the remainder of the paid Initial Term or Renewal Term, and Points already issued remain available in accordance with their applicable expiry conditions.

• Subscription Fees. Subscription fees are payable in advance for each Initial Term and Renewal Term unless otherwise disclosed at the time of purchase. MIA may change Subscription fees from time to time or the number of MIA Points included in each subscription, but any increase in fees or reduction in included Points will not take effect during your then-current Initial Term or Renewal Term. We will provide reasonable advance notice of any such change, which shall take effect at the beginning of the next Renewal Term. If you do not agree to the change, you must cancel your Subscription before the applicable Renewal Term begins.

• Billing Cycle and Issuance Schedule. Your Subscription’s billing cycle and issuance schedule for Points will be disclosed at the time of purchase and may differ. For example, a Subscription billed annually may provide for Points to be issued weekly or monthly. Points included in your Subscription will be credited to your Account in accordance with the applicable issuance schedule, provided that your Subscription remains active and the relevant Subscription fees have been paid. Unless otherwise specified in your Subscription, any unused Points will expire and be removed from your Account upon the next scheduled issuance of Points. Where your Subscription expressly permits unused Subscription Points to be carried over, such Points will remain available for the specified carry-over period, after which any unused balance will expire.

Using Points. Points may be used solely to redeem AI compute and related services within the MIA Products. Points are deducted from your Account balance when a Product starts performing a task in accordance with your instructions (“Consumption”). The total number of Points consumed for a task will be confirmed to you after the task is completed or otherwise ends. Consumption rates vary by Product, feature and model and may reflect, among other factors, the underlying compute usage, token usage and third-party model costs incurred. MIA may change consumption rates from time to time, including rates applicable to Points already held in your Account. Points will be deducted for tasks performed, even if the resulting output is incomplete, inaccurate or otherwise unsatisfactory to you. In the absence of manifest error, MIA’s records will be the definitive and conclusive evidence of your Points balance, Top-Ups and Consumption.

Balance and Insufficient Points. Your available Points balance is displayed through your Account. You are responsible for monitoring your balance and maintaining sufficient Points for the Products you wish to use. If your available Points are insufficient, the affected Product may decline to start, pause or terminate the relevant task, and MIA is not responsible for any consequence of such interruption.

Validity and Expiry. Points purchased through a Top-Up (“Purchased Points”) will expire in accordance with the expiry schedule disclosed to you at the time of the relevant Subscription or purchase, unless expressly stated otherwise. Promotional Points may be subject to expiry dates or other conditions disclosed at the time they are granted. MIA may cancel or revoke Promotional Points at any time if they were obtained in breach of these Terms or if the relevant promotional programme is withdrawn. Where your Account holds Points with different expiry dates, Points will be consumed in order of their expiry dates, with the earliest-expiring Points consumed first and Points without an expiry date consumed last.

Non-Transferability. Points may be used only through the Account to which they are credited. You may not sell, assign, transfer, split, gift, trade or otherwise dispose of Points, or attempt to do so. MIA will not recognise any purported transfer of Points, and any such transfer is void. Any attempted transfer may result in cancellation of the relevant Points and suspension or termination of your Account in accordance with these Terms.

Taxes. Unless otherwise required by applicable law, prices displayed at checkout exclude applicable taxes. You are responsible for any sales, use, value-added, goods and services, withholding or similar taxes, duties or levies imposed on your Top-Ups or use of the Services under applicable law, other than taxes on MIA’s net income. MIA does not provide tax advice. Except as required by applicable law, MIA is not responsible for reporting or remitting taxes on your behalf.

Chargebacks and Payment Disputes. If you believe you have been charged in error, we recommend that you contact us before initiating a dispute, chargeback or reversal with your card issuer or payment provider. Initiating a dispute while MIA is reviewing your case may cause further delays to the resolution of such dispute. Your issuer or payment provider may also impose fees that are non-refundable regardless of the outcome. This is a recommendation only and does not restrict, or require you to waive, any right you have to dispute a charge with your card issuer or payment provider. If a Top-Up is subject to a chargeback, dispute, reversal or refund initiated other than by MIA (a “Payment Dispute”), MIA may, to the extent permitted by applicable law: (a) suspend or restrict your Account, including your ability to purchase or consume Points, pending resolution of the Payment Dispute; (b) deduct from your Account the Points corresponding to the disputed amount. To the extent those Points have already been consumed and the corresponding payment has been withheld from or reversed against MIA, MIA may treat the amount paid for those consumed Points as a debt due and payable by you to MIA and recover that amount from subsequent Top-Ups, by setting off the equivalent value against your Points balance or by other lawful means; (c) provide the Payment Processor, your card issuer or payment provider with relevant records of your Top-Ups, Consumption and Account activity as evidence of the services provided; (d) where the Payment Dispute is resolved in MIA’s favour, charge you for any fees imposed on MIA by the Payment Processor in connection with such Payment Dispute, or deduct Points of equivalent value from your Account; and (e) terminate your Account in the event of repeated, fraudulent or abusive Payment Disputes. If a Payment Dispute is resolved in MIA’s favour and MIA receives or retains the corresponding payment, MIA will restore any Points deducted under paragraph (b), cancel any related outstanding debt and refund or re-credit any amounts recovered in respect of such debt, in each case to the extent necessary to avoid duplicate recovery and taking account of any restoration, refund or re-credit already made.

6. Refunds.

The following provisions apply to Personal Accounts only.

General. This Section 6 sets out the circumstances in which MIA will refund payments for Purchased Points. Except as expressly provided in this Section or required by applicable law, payments for Purchased Points are non-refundable. Nothing in this Section limits or excludes any right to a refund that cannot be waived or restricted under applicable law.

Consumed Points. Purchased Points are not refundable to the extent they have been deducted from your Account balance through Consumption, regardless of the Product or feature for which they were used. The corresponding services are treated as delivered when Consumption occurs. In the event of a Payment Dispute, MIA may submit its Consumption records, including timestamps and Product identifiers, as evidence that the relevant services were delivered.

Promotional Points. Promotional Points are granted without charge and have no refundable purchase price. If a refund relates to a Top-Up with linked Promotional Points, MIA may cancel the unused linked Promotional Points attributable to the refunded portion, and may also adjust the refund to account for services already performed using Promotional Points that were granted in connection with such Top-Up; provided that, any such adjustment must be reasonable, relate only to those linked Promotional Points that were consumed and avoid double recovery.

Eligible Circumstances. MIA will refund the amount paid for unconsumed Purchased Points (and, for an active Subscription, a pro-rata portion of the fee paid for the unexpired part of the current billing cycle) in the following circumstances:

• MIA permanently discontinues the Services and the Products in their entirety or terminates your Account under Section 8 for a reason other than your breach of these Terms, and you are consequently unable to use those Points;

• you were charged more than once for the same Top-Up as a result of a technical error, in which case MIA will refund the duplicate payment and cancel any corresponding duplicate Points;

• a third party completed a Top-Up without your authorisation and the resulting Points have not been consumed; or

• a refund is otherwise required by applicable law.

Ineligible Circumstances. Except as required by applicable law, no refunds will be provided where:

• the request relates to Points that have been consumed or Points that have expired;

• you have changed your mind, no longer need the Services, selected a Subscription that does not suit your needs or are dissatisfied with a Product or its outputs;

• a Product or feature you wish to use is modified, unavailable in your jurisdiction or discontinued, while other MIA Products remain reasonably available to you for use of those Points;

• your Account has been suspended or terminated for breach of these Terms, in which case any refund will be at MIA’s sole discretion. To the extent permitted by applicable law, MIA may withhold or set off against any such refund amounts you owe MIA in respect of losses, chargebacks, fees or liabilities arising from that breach; or

• you voluntarily close your Account, unless you are otherwise entitled to a refund under this Section.

How to Request a Refund. To request a refund, please contact us in accordance with Section 12 with the email address associated with your Account, the relevant Top-Up order number (available in your Account’s transaction history), the reason for your request and any supporting evidence. For a duplicate payment, supporting evidence may include a screenshot of your bank statement or payment-app record. MIA may request additional information reasonably necessary to assess your request. MIA will notify you of its decision within thirty (30) calendar days after receiving your complete request and any additional information requested. MIA may decline a request if you fail to provide the information reasonably required to assess it or if MIA reasonably believes the request is fraudulent or abusive.

Refund Method and Amount. Approved refunds will be returned to the original Payment Method, or, where such method is unavailable, by a reasonable alternative method agreed with you following appropriate identity and payment verification, subject to applicable law. To the extent permitted by applicable law, MIA may deduct payment-channel or processing fees actually incurred in connection with the relevant payment or refund and not reimbursed to MIA by the Payment Processor. Refunds typically appear in your payment account within three (3) to ten (10) business days after processing, depending on the payment channel. MIA will cancel the Points corresponding to the refunded amount to the extent they have not already been deducted or cancelled.

Payment-Channel Refund Windows. Refunds to the original Payment Method are subject to the technical requirements and time limits imposed by the relevant payment channel. The approximate periods within which refunds may be processed through the original payment channel, measured from the payment date, are: (a) Alipay: ninety (90) days; (b) WeChat Pay: one hundred and eighty (180) days; and (c) card payments: one hundred and twenty (120) to one hundred and eighty (180) days. These periods are set by the relevant payment channels and are subject to change from time to time. Once the applicable period has expired, MIA may be unable to return funds to the original Payment Method. Expiry of a payment-channel refund window does not extinguish a refund entitlement under these Terms or applicable law. Where a refund is due, MIA will arrange a reasonable alternative method as described above. Please contact us promptly after identifying an issue that may result in a refund.

7. Third-Party Services.

The Services incorporate, interoperate with or otherwise depend on services, platforms, systems and integrations operated by third parties (collectively, “Third-Party Services”), including Identity Providers, the Payment Processor, card schemes, payment channels, cloud infrastructure providers and artificial intelligence model providers. MIA does not control or operate any Third-Party Service. To the extent permitted by applicable law, MIA assumes no responsibility for, and makes no representation or warranty as to, the availability, accuracy, reliability, security, performance or suitability of any Third-Party Service and is not liable for any loss, damage or other consequence arising out of or in connection with your access to, use of or reliance on any Third-Party Service. Your use of Third-Party Services may be subject to separate terms, conditions, fees and policies imposed by the relevant third party, including its privacy policies. You are responsible for reviewing those terms and policies and complying with any requirements applicable to your use. Third-party providers may restrict, suspend, modify or discontinue their services or their connectivity with the Services at any time, with or without notice. Any such action may prevent you from accessing your Account, completing a Top-Up or using a Product.

8. Modification, Suspension and Termination of Services.

Modification and Suspension. MIA may add, modify or remove features of the Services or Products; introduce or change capacity, usage or Top-Up limits; change consumption rates or prices in accordance with these Terms; introduce new Services or Products; or suspend, restrict or discontinue your access to any Services, Products or components thereof. Where reasonably practicable, MIA will give you advance notice of any material reduction in or discontinuation of a Service or Product. Advance notice may not be possible where urgent action is required. To the extent permitted by applicable law, MIA will not be liable for any such modification, suspension, restriction or discontinuation, without prejudice to your refund rights under Section 6. If MIA permanently discontinues the Services and the Products in their entirety, MIA will give you advance notice and refund the amount paid for any unconsumed Purchased Points in accordance with Section 6.

Termination. MIA may terminate your Account and these Terms at any time by notice to you, including, without limitation, where MIA reasonably believes that you have materially breached these Terms, termination is required by applicable law or a regulatory authority, or your Account has been inactive for a substantial period. Where reasonably practicable and permitted by applicable law, MIA will give you advance notice of termination. MIA may terminate with immediate effect where reasonably necessary to address a material breach or a legal, regulatory, security or fraud-related concern.

Effect of Termination. Upon termination, your right to access and use the Services and Products will cease and to the extent you hold a Personal Account, any active Subscription will be cancelled. MIA may close your Account and cancel any remaining Points, subject to the following:

(a) to the extent you hold a Personal Account, if MIA terminates your Account for a reason other than your breach of these Terms, or permanently discontinues the Services and the Products in their entirety, MIA will refund the amount paid for your unconsumed Purchased Points in accordance with Section 6;

(b) if MIA terminates your Account for breach of these Terms, any refund will be at MIA’s sole discretion, except as required by applicable law; and

(c) any remaining Promotional Points will be cancelled without compensation;

provided that, for an Organisation Account, the applicable Service Order may provide for the treatment of any remaining Points upon termination in a manner different from the above, in which case the Service Order shall govern.

MIA may delete data associated with your Account in accordance with the Privacy Policy and applicable legal, regulatory and record-retention requirements. Termination will not affect any rights or obligations accrued before termination. Any provisions that by their nature are intended to survive termination will continue in effect.

9. Ownership of the Services.

The Services and the MIA Products are owned, operated or provided by MIA and its affiliates, licensors and service providers (collectively, the “Providers”). MIA and the Providers retain all right, title and interest in and to the Services, the Products and all associated software, models, interface designs, trademarks (including “MIA” and the MIA logo), branding and other intellectual property and proprietary rights. Except for the limited rights to access and use the Services expressly granted under these Terms, no right, title or interest in or to the Services, the Products or any related intellectual property is granted or transferred to you, whether by implication, estoppel or otherwise. All rights not expressly granted under these Terms are reserved.

10. Software Updates and Third-Party Software.

MIA may make updates, upgrades or other modifications to the software comprising the Services and the Products (collectively, “MIA Software”), automatically or manually and with or without prior notice to you. MIA Software may incorporate or be distributed with open-source or other third-party software subject to separate licence terms. If these Terms conflict with any applicable open-source or third-party licence terms, those separate terms will govern solely with respect to the relevant software and only to the extent of the conflict.

11. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNITY.

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY, NON-INFRINGEMENT, AND ANY WARRANTY IMPLIED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE, INCLUDING ANY WARRANTY THAT THE SERVICES OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY CONTENT GENERATED BY THE PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT ANY THIRD-PARTY SERVICE WILL BE AVAILABLE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OUR PROVIDERS, OR OUR OR THEIR RESPECTIVE AFFILIATES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “MIA PARTIES”) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE PRODUCTS, MIA POINTS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ANY MIA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE MIA PARTIES ARE NOT LIABLE FOR THE ACTS, OMISSIONS, INSOLVENCY OR UNAVAILABILITY OF ANY IDENTITY PROVIDER, PAYMENT PROCESSOR, CARD ISSUER, PAYMENT CHANNEL, MODEL PROVIDER OR OTHER THIRD PARTY.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE MIA PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THE PRODUCTS, MIA POINTS OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO MIA FOR THE SERVICES OR PRODUCTS IN THE SIX MONTHS PRECEDING THE DATE ON WHICH THE RELEVANT CLAIM FIRST AROSE AND (B) USD$100. THE FOREGOING LIMITATIONS ARE ESSENTIAL TO THESE TERMS, AND WE WOULD NOT OFFER THE SERVICES TO YOU UNDER THESE TERMS WITHOUT THEM. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS SECTION 11 DO NOT LIMIT OR EXCLUDE MIA’S OBLIGATION TO PAY ANY REFUND DUE UNDER THESE TERMS OR APPLICABLE LAW.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR WILFUL MISCONDUCT, OR ANY NON-WAIVABLE RIGHT YOU HAVE UNDER APPLICABLE CONSUMER PROTECTION LAW. IF YOU ARE A CONSUMER, THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 11 APPLY ONLY TO THE EXTENT PERMITTED BY THE MANDATORY CONSUMER PROTECTION LAW OF YOUR PLACE OF HABITUAL RESIDENCE.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE MIA PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) AND OTHER LOSSES ARISING OUT OF OR RELATED TO: YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR ANY PRODUCT TERMS; YOUR ACCESS TO, USE OF OR ALLEGED USE OF THE SERVICES OR THE PRODUCTS; ANY PAYMENT DISPUTE INITIATED BY YOU THAT IS RESOLVED IN MIA’S FAVOUR; ANY DISPUTE BETWEEN YOU AND THE PAYMENT PROCESSOR, AN IDENTITY PROVIDER OR OTHER THIRD PARTY; YOUR VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHT; AND ANY ACTUAL OR ALLEGED FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE OR CRIMINAL ACT COMMITTED BY YOU. WE RESERVE THE RIGHT TO ENGAGE SEPARATE COUNSEL AND PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH CASE YOU AGREE TO COOPERATE WITH US AND SUCH COUNSEL AS WE REASONABLY REQUEST.

OUR PROVIDERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 11.

12. General Terms.

Changes to the Terms. We may revise and update these Terms at our discretion. If you continue to access the Services after we post the updated Terms, then you agree to the updated Terms. If you do not accept the updated Terms, you must discontinue using our Services.

Entire Agreement. These Terms and any other terms expressly incorporated by reference (including, without limitation, the Privacy Policy and Product Terms, and to the extent you hold an Organisation Account, the Service Order) form the entire agreement between you and us regarding the Services.

Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable in any jurisdiction, the remaining provisions will remain in full force and effect, and the validity or enforceability of that provision in any other jurisdiction is not affected. To the extent permitted by applicable law, the affected provision will be enforced to the maximum extent permissible consistent with its intended purpose.

No Waiver. Any failure or delay by MIA in exercising or enforcing any right or provision under these Terms will not constitute a waiver of that right or provision or prevent MIA from exercising or enforcing it in the future.

Assignment. You may not assign or transfer these Terms, your Account or any of your rights or obligations under them without MIA’s prior written consent. MIA may assign or transfer these Terms, in whole or in part, without restriction, unless otherwise prohibited by applicable law.

Legal and Regulatory Compliance. MIA may respond to and comply with lawful requests, orders or requirements of governmental, regulatory, judicial or law-enforcement authorities relating to the Services, their use or information provided to or collected by MIA. To the extent permitted or required by applicable law, MIA may disclose information relating to you or your use of the Services to such authorities.

Force Majeure. To the extent permitted by applicable law, MIA will not be liable for any delay, failure in performance or interruption of the Services resulting from circumstances beyond its reasonable control, including acts of God; acts of governmental, civil or military authorities; terrorism, civil unrest or war; strikes or other labour disputes; fires, floods or other natural disasters; pandemics or public-health emergencies; interruptions or failures of telecommunications, internet, utilities, Identity Providers, Payment Processors, payment systems, model providers or other third-party service providers; power shortages; failures of equipment, hardware or software; cyber incidents; or other events beyond MIA’s reasonable control.

Relationship of the Parties. You and MIA are independent contracting parties. These Terms do not create a partnership, joint venture, employment or agency relationship, and you may not claim to be an agent or representative of MIA.

Third-Party Rights. Except as expressly provided in Section 11 in respect of the MIA Parties and the Providers, no person other than you and MIA has any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) or otherwise to enforce any term of these Terms.

Language. These Terms and any other terms, policies or disclosures made available by MIA may be made available in languages other than English, including Chinese. Any translation is provided for convenience only. In the event of any inconsistency or discrepancy between the English-language version and any translated version, the English-language version prevails, except where otherwise required by applicable law.

Contact us. If you have any questions or wish to contact us for any reason, please send an email to [email protected].

13. Governing Law; Dispute Resolution; and Statutory Rights.

Equitable Relief. You acknowledge and agree that a breach or threatened breach of Section 3 (Use of the Services) may cause MIA irreparable harm for which monetary damages may not provide an adequate remedy. Accordingly, to the extent permitted by applicable law, MIA may seek injunctive, specific performance or other equitable relief in respect of any such breach or threatened breach, without prejudice to any other rights or remedies available to MIA. To the extent permitted by applicable law, you waive any requirement that MIA prove actual damages or post any bond or other security as a condition to obtaining such relief.

Governing Law and Jurisdiction. These Terms and any dispute, controversy, difference or claim arising out of or relating to these Terms or the Services, including any question regarding their existence, validity, interpretation, performance, breach or termination, or any non-contractual obligation arising out of or relating to them, shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict-of-laws principles. Each party irrevocably agrees that the courts of the Hong Kong Special Administrative Region are to have non-exclusive jurisdiction to settle any such dispute, controversy, difference or claim and that, accordingly, any legal action or proceedings arising out of or in connection with these Terms or the Services may be brought in those courts. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED PROCEEDING AGAINST US.

Statutory Rights. Nothing in these Terms affects any right you have under the mandatory consumer protection laws of your country of habitual residence or any other statutory rights that cannot be limited or excluded by a contract like these Terms or that you are legally entitled to.