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Miro

miro.com

12 flagged clauses across 6 risk dimensions

C
🤖

AI training

clear

No flags in this category.

🔄

Auto-renewal

1 flag
  • Severity 3
    "Unless otherwise specified in the applicable Order, each Subscription Term will renew for successive 12-month periods, unless either party gives the other party notice of non-renewal at least 90 days before the current Subscription Term ends. Upon notice of non-renewal, Customer will not be charged for the next billing cycle but will not receive any refunds or credits for amounts that have already been charged."

    Miro automatically renews your subscription for 12-month periods unless you give them 90 days' notice before your current term ends.

    If you miss the 90-day cancellation window, you're locked into another full year and won't get a refund for any charges already made.

    ⚖️Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)
💸

Price hikes

2 flags
  • Severity 4
    "Miro may modify this Agreement (which may include changes to Service pricing and plans) from time to time by giving notice to Customer by email or through the Service. Unless a shorter period is specified by Miro (e.g., due to changes in the Law or exigent circumstances), modifications become effective upon renewal of Customer’s current Subscription Term or entry into a new Order. If Miro specifies that the modifications to the Agreement will take effect prior to Customer’s next renewal or Order and Customer notifies Miro of its objection to the modifications within 30 days after the date of such notice, Miro (at its option and as Customer’s exclusive remedy) will either: (a) permit Customer to continue under the existing version of this Agreement until expiration of the then-current Subscription Term (after which time the modified Agreement will go into effect) or (b) allow Customer to terminate this Agreement and receive a refund of any pre-paid Service fees allocable to the terminated portion of the applicable Subscription Term. Customer may be required to click to accept or otherwise agree to the modified Agreement in order to continue using the Service, and, in any event, continued use of the Service after the updated version of this Agreement goes into effect will constitute Customer’s acceptance of such updated version."

    Miro can change service pricing and plans at any time by notifying you, and these new prices can take effect at your next renewal or even sooner.

    You could face unexpected price increases mid-term, and your only options are to accept the new higher price or terminate the service for a partial refund.

    ⚖️Matches FTC v. MoviePass / Helios and Matheson Analytics (2021)
  • Severity 3
    "Fees for renewal Subscription Terms are at Miro’s then-current rates, regardless of any discounted pricing in a prior Order. Late payments are subject to a service charge of 1.5% per month or the maximum amount allowed by Law, whichever is less. All fees and expenses are non-refundable except as set out in Section 10.2 (Warranty Remedy) and Section 14.4 (Mitigation and Exceptions)."

    Miro charges their current full price for renewals, even if you previously had a discount, and late payments incur a 1.5% monthly service charge. All fees are non-refundable, with very few exceptions.

    Your renewal price could jump significantly if you were on a discounted plan, and you'll pay extra for any overdue invoices.

🌍

Data residency

clear

No flags in this category.

🚪

Termination friction

3 flags
  • Severity 3
    "During the Subscription Term or within 30 days thereafter, Customer may export its Customer Content from the Service using the export features described in the Documentation. After this export period, Miro may delete Customer Content in accordance with its standard schedule and procedures. If Customer elects to proactively delete its account at any time, all associated Customer Content will be deleted permanently and cannot be retrieved."

    Miro gives you 30 days after your subscription ends to export your data, then they can delete it according to their own schedule. If you delete your account, all your content is permanently gone.

    You need to remember to export your data within 30 days of canceling, or Miro can delete it without further notice.

    ⚖️Matches Bungie / Destiny 2 Account Termination Litigation (2023)
  • Severity 3
    "Either party may terminate this Agreement (including all Orders) at any time for any reason upon 90 days’ notice to the other party, provided (i) Customer will not be entitled to a refund of any pre-paid fees and (ii) if Customer has not already paid all applicable fees for the then-current Subscription Term, any such fees that are outstanding will become immediately due and payable."

    Miro can terminate your agreement for any reason with 90 days' notice, and if they do, you won't get a refund for pre-paid fees, and any outstanding fees become due immediately.

    Miro can end your service even if you've paid for a full year, and you'll lose that pre-paid money while still owing any unpaid balance.

    ⚖️Matches FTC v. Match Group (Match.com) (2019)
  • Severity 2
    "Fees for renewal Subscription Terms are at Miro’s then-current rates, regardless of any discounted pricing in a prior Order. Late payments are subject to a service charge of 1.5% per month or the maximum amount allowed by Law, whichever is less. All fees and expenses are non-refundable except as set out in Section 10.2 (Warranty Remedy) and Section 14.4 (Mitigation and Exceptions)."

    Miro charges their current full price for renewals, even if you previously had a discount, and late payments incur a 1.5% monthly service charge. All fees are non-refundable, with very few exceptions.

    If you cancel or terminate, you generally won't get any money back for fees already paid, even if you stop using the service.

⚖️

Liability caps

4 flags
  • Severity 3
    "Except for Excluded Claims, each party’s (and its suppliers’) entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts paid or payable by Customer to Miro during the prior 12 months under this Agreement."

    If Miro causes you damages, the most they will ever pay you back is the total amount you paid them in the last 12 months.

    This caps your potential recovery, so if a major issue costs you more than you paid Miro in a year, you'll absorb the extra loss.

    ⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022)
  • Severity 3
    "The waivers and limitations in this Section 13 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose."

    Miro's liability limits apply broadly to almost any type of claim you might bring against them, even if a specific remedy in the contract doesn't work as intended.

    This clause reinforces that Miro's liability caps are very strong and hard to get around, regardless of how you frame a legal claim.

    ⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022)
  • Severity 3
    "Except for Excluded Claims, neither party (nor its suppliers) will have any liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, failure of security mechanisms, revenues, goodwill, interruption of business or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of their possibility in advance."

    Miro isn't liable for major indirect losses like lost data, lost profits, or business interruption, even if they knew these problems could happen.

    If a Miro outage or security failure costs your business a lot of money in lost revenue or data, you can't recover those specific damages from them.

    ⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022)
  • Severity 2
    "Except as expressly provided in Section 10.1 (Limited Warranty), the Service, Support, Technical Services and all related Miro services are provided “AS IS”. Miro and its suppliers make no other warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title or noninfringement. Without limiting its express obligations in Section 3 (Support), Miro does not warrant that Customer’s use of the Service will be uninterrupted or error-free or that the Service will meet Customer’s requirements, operate in combination with third-party services used by Customer or maintain Customer Content without loss. Miro is not liable for delays, failures or problems inherent in use of the Internet and electronic communications or other systems outside Miro’s control. Customer may have other statutory rights, but any statutorily required warranties will be limited to the shortest legally permitted period."

    Miro provides its service "as is," meaning they don't guarantee it will be error-free, uninterrupted, or meet your specific needs. They also aren't responsible for internet issues outside their control.

    This is standard for SaaS, but it means you can't hold Miro liable if the service has downtime, bugs, or doesn't perfectly fit your workflow.

🛡

Indemnification

1 flag
  • Severity 3
    "Customer will defend Miro from and against any third-party claim to the extent resulting from Customer Content, Customer Materials or Customer’s breach or alleged breach of Section 5 (Customer Obligations), and will indemnify and hold harmless Miro against any damages or costs awarded against Miro (including reasonable attorneys’ fees) or agreed in settlement by Customer resulting from the claim."

    You must defend Miro and pay their legal costs and damages if a third party sues them because of your content, materials, or if you break your obligations.

    If your data or actions cause a lawsuit against Miro, you're on the hook for their defense and any resulting financial penalties.

    ⚖️Matches T-Mobile Data Breach Settlement — settled for $350M (2022)
👻

Silent term changes

1 flag
  • Severity 4
    "Miro may modify this Agreement (which may include changes to Service pricing and plans) from time to time by giving notice to Customer by email or through the Service. Unless a shorter period is specified by Miro (e.g., due to changes in the Law or exigent circumstances), modifications become effective upon renewal of Customer’s current Subscription Term or entry into a new Order. If Miro specifies that the modifications to the Agreement will take effect prior to Customer’s next renewal or Order and Customer notifies Miro of its objection to the modifications within 30 days after the date of such notice, Miro (at its option and as Customer’s exclusive remedy) will either: (a) permit Customer to continue under the existing version of this Agreement until expiration of the then-current Subscription Term (after which time the modified Agreement will go into effect) or (b) allow Customer to terminate this Agreement and receive a refund of any pre-paid Service fees allocable to the terminated portion of the applicable Subscription Term. Customer may be required to click to accept or otherwise agree to the modified Agreement in order to continue using the Service, and, in any event, continued use of the Service after the updated version of this Agreement goes into effect will constitute Customer’s acceptance of such updated version."

    Miro can change any part of this agreement, including pricing, by notifying you via email or in the service. These changes usually take effect at your next renewal, but Miro can make them effective sooner.

    Miro can unilaterally change terms and prices, and if they push changes through early, your only options are to accept or terminate for a partial refund.

    ⚖️Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)

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