Terms of Service
Last updated: April 22, 2022
We know it’s tempting to skip this part, but it’s important for you to understand the rules for using Myria and what you can expect from us. For your convenience, we’ve summarized the key points. That said, this is a legally binding agreement, and we encourage you to read it carefully.
- Myria is a private marketplace. Access to the Platform is solely at Myria’s discretion and can be revoked at any time.
- Myria has a zero-tolerance policy when it comes to discrimination or harassment of any kind.
- This Agreement terminates your rights to bring a class-action lawsuit against Myria, waives your right to a jury trial, limits the causes of action you may seek, and limits available remedies. It also requires you to arbitrate any claims you may have against Myria.
- This Agreement requires you to agree to indemnify, defend, and hold Myria harmless from third-party claims in certain circumstances.
- There are inherent risks associated with some of the services, goods, and experiences purchased through Myria. You assume this risk. Myria is not liable for any damages arising therefrom.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER FOR ALL CLAIMS AGAINST MYRIA. PLEASE CAREFULLY REVIEW SECTION 9.
THIS AGREEMENT LIMITS THE LIABILITY OF MYRIA AND ITS AFFILIATED PARTIES AND CONTAINS AN INDEMNITY CLAUSE.
These Terms of Service (“Terms”) are a binding legal agreement between you and Myria Services, Inc., that governs your use of the Myria website, mobile application, and mobile chat features platform (collectively, the "Platform") and any services (the "Services") offered on the Platform. When used in these Terms, “Myria,” “we,” “us,” or “our” refers to Myria Services, Inc., its subsidiaries, parent company, employees, agents, and officers.
By clicking the "Accept" button or by using the Platform, you agree that you have read, understand, and are bound by these Terms. If you do not agree or are unable to agree to be bound by these Terms, click decline and do not use the Platform or the Services.
By clicking the "Accept" button or by using the Platform, you agree that you have read, understand, and are bound by these Terms. If you do not agree or are unable to agree to be bound by these Terms, click decline and do not use the Platform or the Services.
Myria’s collection and use of personal information in connection with the Platform and Services are described in Myria's Privacy Policy.
1. NATURE OF THE PLATFORM AND SERVICES
- Myria is a managed marketplace that enables people seeking luxury services, goods, and/or experiences to connect with those that provide luxury services, goods, and/or experiences.
- “Services” refers to services, goods, and/or experiences offered on the Platform.
- “Members” are individuals and/or organizations which have been approved by Myria to access the Platform for the purpose of obtaining Services.
- “Providers” are individuals and/or businesses that have been approved by Myria to access the Platform for the purpose of providing Services.
- “Users” refers collectively to Members and Providers.
- You must register in order to access the Platform by providing your name and mobile telephone number.
- Sections of the Platform are accessible only by active Users in good standing.
- MYRIA IS NOT A PARTY TO TRANSACTIONS BETWEEN MEMBERS AND PROVIDERS. Users may enter into agreements for Services (“Service Agreements”). Service Agreements are solely between Users, Myria is not a party to any Service Agreement unless explicitly named as a party in the Service Agreement.
2. ELIGIBILITY
- Myria vets all potential Users to ensure they meet our membership and/or provider qualifications and would be a suitable User for the Myria community. Access to the platform is exclusive and subject to the sole discretion of Myria. Myria’s decisions in this regard are final, and no explanation of why a prospective User has not been approved will be given.
3. USE OF PLATFORM AND SERVICES
- When you register for the Platform and apply to be a User, you will be asked to provide us with certain information about yourself (your "Information"). Your Information will be used in accordance with Myria's Privacy Policy. You are responsible for providing accurate, current, and complete information in connection with your account registration and/or application. Providing incomplete, inaccurate, or false information to Myria may result in the denial or revocation of access. Myria may request further information from you and/or use third-party services, to verify your registration or application information.
- You are responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account.
- Your account is for your own personal use. You may not permit anyone else to use your account.
- You have read and you understand Myria’s Privacy Policy.
- Your use of the Platform and the Services must be in accordance with all applicable laws and regulations.
- Platform Code of Conduct.
- Act with integrity and treat others with respect.
- Do not lie or misrepresent.
- Follow our Nondiscrimination Policy and do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the Myria Platform.
- Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Myria Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Myria Platform or Content.
- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Myria Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Myria Platform.
- Only use the Myria Platform as authorized by these Terms or another agreement with us.
- Do not use, copy, display, mirror, or frame the Myria Platform, any Content, any Myria branding, or any page layout or design without our prior written consent.
- You are strictly forbidden from publicizing or sharing any User Only Section of the Platform. This includes but is not limited to User pages, User Profiles, Service Agreements, Rates, Reviews, and/or User Communications.
- Do not attempt to use the Platform to conduct illegal transactions or activities.
4. NONDISCRIMINATION POLICY
- Myria prohibits discrimination against Users based on race, color, religion (creed), National or ethnic origin, disability, sexual orientation, sex, marital status, gender identity, gender expression, age, military status, or any other characteristic protected under applicable law. Myria also prohibits unlawful harassment of any kind, including sexual harassment and sexual violence.
- Myria has a zero-tolerance policy for discrimination of any kind. Violation of this Nondiscrimination Policy is grounds for immediate Termination. If you have a question or wish to discuss a possible violation of this policy pleaser contact us at support@myria.us.
5. TERMINATION
- Myria reserves the unconditional right to suspend, withdraw, terminate, amend, or restrict access to some parts of the Platform, or to the Platform entirely, to you at any time immediately without notice for any reason, and without liability to you.
- As a User, your Termination rights and obligations are set forth in either your Master Membership Agreement or your Master Provider Agreement.
- Upon the termination of your account, you will no longer have access to the User Only Sections of the Platform, you will no longer be able to obtain or provide Services, and your Profile will no longer be displayed.
- Sections 3, 4, 6, 9, 10, 11, 12, 13, 14, and 15 of these Terms will continue in full force and effect following Termination.
6. ONLINE PLAYMENT SERVICE
- The Platform provides an online payment service ("Online Payment Service") to facilitate payments between Users. All payments for Services arranged through the Platform must be paid through the Online Payment Service.
- Third-Party Payment Processors
- We will use various third-party payment processors to process card payments. These include, but are not limited to:
- Modern Treasury. Modern Treasury's terms of service can be found here, and its privacy policy can be found here.
- Chase. Chase’s terms of service can be found here, and its privacy policy can be found here.
- Plaid. Plaid's End User Agreements can be found here.
- Alloy. Alloy’s terms of service can be found here, and its privacy policy can be found here.
- By accepting our Terms, you are consenting to these third party’s use of your personal data as set out in their privacy policies. We have no responsibility or liability omission of third party payment processors, or for their terms of service or privacy policies.
- You warrant that you have all the necessary authorities to use the payment details you provide.
7. TEXT MESSAGE COMMUNICATION
- Users may send and receive text message communications from Myria. By providing Myria with your mobile phone number, you consent to Myria sending you text messages. Myria uses Apple Business Chat to send and receive text messages. Apple Business Chat’s terms of use can be found here.
8. INTELLECTUAL PROPERTY RIGHTS
- All materials on the Platform other than User Content are owned by Myria. You may not use these materials except as we give you written permission to do so.
- The service marks and trademarks "Myria" and the Myria logo are owned by Myria. Any other trademarks, service marks, logos, and/or trade names appearing on the Platform are the property of their respective owners. You agree that you recognize the rights of Myria and the respective third parties in those marks. You may not copy or use any of these marks, logos, or trade names without the written permission of the owner.
- Myria retains ownership of its intellectual property rights and you have no rights to Myria's intellectual property or Myria's rights in its intellectual property. Except to the extent you are actually reading materials on the Platform as you use the Platform or Services (or downloading or printing such materials for your personal reference), you have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Platform.
9. ARBITRATION AGREEMENT
- By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Myria on an individual basis in arbitration as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Myria. Except as expressly provided below in Section 9.2, you and Myria agree that any dispute, claim or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof, (ii) your access to or use of the Services at any time, (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether the dispute, claim or controversy occurred or accrued before or after the date you agreed to the Terms, or (iv) your relationship with Myria, will be settled by binding arbitration between you and Myria, and not in a court of law. This Agreement survives after your relationship with Myria ends.
- You acknowledge and agree that you and Myria are each waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding.
- This Arbitration Agreement is binding upon, and includes any claims brought by or against any third-parties, including but not limited to your spouses, heirs, third-party beneficiaries, and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against Myria; those claims shall also be subject to this Arbitration Agreement.
- The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
- Notice to Myria must be sent to, Myria Services, Inc., 7190 W Sunset Blvd #13D, Los Angeles, CA 90046 or support@myria.us. Neither party shall initiate arbitration until 30 days after the notice is sent.
- The arbitration will be conducted in Los Angeles County in the State of California.
- If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
10. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE LIABILITY OF MYRIA AND ITS AFFILIATED PARTIES. EACH OF THE SUBSECTIONS BELOW APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- YOU AGREE THAT, UNDER NO CIRCUMSTANCE WILL MYRIA BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFIT, LOSS OF ENJOYMENT, LOST REVENUES, REPLACEMENT COSTS, PROPERTY LOSS, COMPENSATORY DAMAGES, AND/OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE AND/OR ARISING OUT OF YOUR USE OF THE PLATFORM.
- YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, MYRIA WILL NOT BE LIABLE FOR ANY CLAIMS FOR EMOTIONAL DISTRESS, MENTAL ANGUISH, PERSONAL INJURY, ACCIDENT, ILLNESS, OR DEATH.
- YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, MYRIA’S EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS, AND/OR MANAGERS SHALL NOT IN ANY MANNER BE PERSONALLY LIABLE FOR ANY ACTS OR OMISSIONS AND YOU HEREBY WAIVE ANY RIGHTS TO SEEK RELIEF FROM ANY SUCH INDIVIDUALS.
11. ASSUMPTION OF RISK
- You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Myria Platform, including your use of any Service, or any other interaction you have with other Users whether in person or online. This means it is your responsibility to investigate a Service to determine whether it is suitable for you. Services may carry the risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services.
12. INDEMNIFICATION
- You agree to indemnify, defend, and hold harmless Myria and its Affiliated Parties from and against any and all claims, losses, expenses, demands, or liability, including attorneys' fees and costs incurred by Myria and its Affiliated Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Platform or Services, (ii) any materials and content you submit, post or transmit through the Platform, (iii) your violation of these Terms or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other Users, (v) your violation of any applicable law, rules or regulations or (vi) information contained in any background or verification report, regardless of whether ordered by a User or Myria. You agree that you will cooperate as reasonably requested by Myria in the defense of such claims. Myria and its Affiliated Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
13. DIGITAL MILLENNIUM COPYRIGHT ACT.
- Myria respects the intellectual property rights of others and expects its Users to do the same. Myria may remove content that, in its sole discretion, appears to infringe the intellectual property rights of others. In addition, Myria, in its sole and absolute discretion, may terminate the accounts of Users who infringe the intellectual property rights of others. If you believe any materials on the Platform infringe your copyright, you may request removal of those materials from the Platform by contacting Myria's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
- Myria's Copyright Agent is: Copyright Agent Myria, ℅ Myria Services, Inc., 7190 W Sunset Blvd #13D, Los Angeles, CA 90046 or support@myria.us.
14. GENERAL PROVISIONS
- California law governs these Terms, as well as any claim, cause of action, or dispute that might arise between you and Myria, without regard to conflict of law provisions. For any such claim, cause of action, or dispute, you agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, City, and County of Los Angeles.
- Nothing in these Terms may be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other.
- If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention, and all remaining provisions of these Terms shall remain in full force and effect.
- Myria’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- If you have any questions or need further information as to the Platform or the Services, or need to notify Myria as to any matters relating to the Platform or Services please contact Myria at: Myria Services, Inc., 7190 W Sunset Blvd #13D, Los Angeles, CA 90046 or support@myria.us.