Miku: Difference between revisions

Left4Code (talk | contribs)
m added customer rights to stop using section, getting down to the final bits here. (I'll probably move this into its own article and then add a link to it here on the main page)
Left4Code (talk | contribs)
m Finished the general structure of the ToS and arbitration section. Still thinking about making this an individual article and linking.
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Through using Miku services, submitting data to Miku services, or setting up Miku products. Miku is allowed to collect personal data of you and your child. Any data collected about children is collected from the parent as the "guardian".<ref>{{Cite web |title=Miku ToS section "What about my privacy?" |url=https://mikucare.com/pages/terms-of-service#toc2 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc2 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "What about my privacy?"}}</ref>
Through using Miku services, submitting data to Miku services, or setting up Miku products. Miku is allowed to collect personal data of you and your child. Any data collected about children is collected from the parent as the "guardian".<ref>{{Cite web |title=Miku ToS section "What about my privacy?" |url=https://mikucare.com/pages/terms-of-service#toc2 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc2 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "What about my privacy?"}}</ref>


Any content or data you share or otherwise upload or edit on Miku services gives Miku "a '''worldwide''', '''non-exclusive''', '''perpetual''', '''royalty-free''', fully paid, sublicensable and transferable license to '''use''', '''edit''', '''modify''', '''truncate''', '''aggregate''', '''reproduce''', '''distribute''', '''prepare derivative works of''', '''display''', '''perform''', and otherwise '''<u>fully exploit the User Submissions in connection with the Services and our (and our successors’ and assigns’) businesses</u>''', including without limitation '''for promoting''' and '''redistributing part or all of the Services''' (and derivative works thereof) in any media formats and '''<u>through any media channels</u>''' (including, without limitation, third party websites and feeds), '''<u>and including after your termination of your account or the Services.</u>'''"<ref>{{Cite web |title=Miku ToS section "Do I have to grant any licenses to Miku or to other users?" |url=https://mikucare.com/pages/terms-of-service#toc7 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc7 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Do I have to grant any licenses to Miku or to other users?"}}</ref>
Any content or data you share or otherwise upload or edit on Miku services gives Miku "a '''worldwide''', '''non-exclusive''', '''perpetual''', '''royalty-free''', fully paid, sublicensable and transferable license to '''use''', '''edit''', '''modify''', '''truncate''', '''aggregate''', '''reproduce''', '''distribute''', '''prepare derivative works of''', '''display''', '''perform''', and otherwise '''<u>fully exploit the User Submissions in connection with the Services and our (and our successors’ and assigns’) businesses</u>''', including without limitation '''for promoting''' and '''redistributing part or all of the Services''' (and derivative works thereof) in any media formats and '''<u>through any media channels</u>''' (including, without limitation, third party websites and feeds), '''<u>and including after your termination of your account or the Services.</u>'''"<ref name=":2">{{Cite web |title=Miku ToS section "Do I have to grant any licenses to Miku or to other users?" |url=https://mikucare.com/pages/terms-of-service#toc7 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc7 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Do I have to grant any licenses to Miku or to other users?"}}</ref>


<blockquote>
<blockquote>
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*Jeopardizes the security of your Miku account or anyone else’s (such as allowing someone else to log in to the Services as you);
*Jeopardizes the security of your Miku account or anyone else’s (such as allowing someone else to log in to the Services as you);
*Builds a competitive product or service using the Services, or builds a product or service using similar ideas, features, functions, or graphics as the Services or determines whether the Services are within the scope of any patent;
*Builds a competitive product or service using the Services, or builds a product or service using similar ideas, features, functions, or graphics as the Services or determines whether the Services are within the scope of any patent;
As can be seen from the ToS, if Miku were to stop providing access to Miku care+ services or general infrastructure. Independent developers would not be able to create or otherwise "revive" the use of these services through creating an open-source replacement or plug-in for Miku devices without violating their terms of service.


<blockquote>
<blockquote>
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Miku reserves the right to remove, edit, or modify any content at their sole discretion, at any time, without notice to the customer including but not limited to the following reasons:  
Miku reserves the right to remove, edit, or modify any content at their sole discretion, at any time, without notice to the customer including but not limited to the following reasons:  


*No reason at all
*'''<u>No reason at all</u>'''
*Allegations from third parties or authorities concerning the content
*Allegations from third parties or authorities concerning the content
*to remove or block any content from the services.<ref>{{Cite web |title=Miku ToS section "What are my rights in Miku?" |url=https://mikucare.com/pages/terms-of-service#toc6 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc6 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "What are my rights in Miku?"}}</ref>
*to remove or block any content from the services.<ref name=":3">{{Cite web |title=Miku ToS section "What are my rights in Miku?" |url=https://mikucare.com/pages/terms-of-service#toc6 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc6 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "What are my rights in Miku?"}}</ref>


====2. Miku's ability to change aspects of their services and your immediate agreement to them.====
====2. Miku's ability to change aspects of their services and your immediate agreement to them.====


*Miku can change their paid services at any time, <u>including eliminating all or parts of their paid services</u>, without notice to the customer<ref>{{Cite web |title=Miku ToS section "Does Miku cost anything?" |url=https://mikucare.com/pages/terms-of-service#toc11 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc11 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Does Miku cost anything?"}}</ref>
*Miku can change their paid services at any time, <u>including eliminating all or parts of their paid services</u>, '''<u>without notice to the customer</u>'''<ref>{{Cite web |title=Miku ToS section "Does Miku cost anything?" |url=https://mikucare.com/pages/terms-of-service#toc11 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc11 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Does Miku cost anything?"}}</ref>
*Miku can change their terms of service any time, if changes are made to their ToS, Miku claims: "will do our best to bring it to your attention by placing a notice on the Miku website, by sending you an email, and/or by some other means." Miku also notes: "If you use the Services in any way after a change to the Terms are effective, you agree to the changes to the Terms."<ref>{{Cite web |title=Miku ToS section "Will these Terms ever change?" |url=https://mikucare.com/pages/terms-of-service#toc1 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc1 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Will these Terms ever change?"}}</ref>
*'''<u>Miku can change their terms of service any time</u>''', if changes are made to their ToS, Miku claims: "we will do our best to bring it to your attention by placing a notice on the Miku website, by sending you an email, and/or by some other means." Miku also notes: "'''<u>If you use the Services in any way after a change to the Terms are effective, you agree to the changes to the Terms.</u>'''"<ref>{{Cite web |title=Miku ToS section "Will these Terms ever change?" |url=https://mikucare.com/pages/terms-of-service#toc1 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc1 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Will these Terms ever change?"}}</ref>


====3. The Customer's right to stop using Miku services or products.====
====3. The Customer's right to stop using Miku services or products.====


* The customer is able to stop using Miku at any time and terminate the Terms of Service by contacting Miku's support email.  
*The customer is able to stop using Miku at any time and terminate the Terms of Service by contacting Miku's support email.
* Provisions in the Miku ToS that state anything done after the termination of your account will stay as such. (such as what this article mentions above with Miku customer requirements involving data retention, but is not solely limited to them.)<ref>{{Cite web |title=Miku ToS section "What if I want to stop using Miku?" |url=https://mikucare.com/pages/terms-of-service#toc22 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc22 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "What if I want to stop using Miku?"}}</ref>
*'''<u>Provisions in the Miku ToS that state anything done after the termination of your account will stay as such.</u>''' (such as what this article mentions above with Miku customer requirements involving data retention, but is not solely limited to that.)<ref>{{Cite web |title=Miku ToS section "What if I want to stop using Miku?" |url=https://mikucare.com/pages/terms-of-service#toc22 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc22 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "What if I want to stop using Miku?"}}</ref>


====4. Customer data retained after canceling Miku services.====
====4. Customer data retained after canceling Miku services.====
content here
Any data that is uploaded or created on or from Miku services regarding the parent or child can be retained by Miku indefinitely regardless of if the user terminates the ToS with Miku and cancels their subscription.<ref name=":2" />


====5. Miku's commitment to making content available on their services.====
====5. Miku's commitment to making content available on their services.====
content here
Miku does not guarantee that any content will be available through Miku services that both Miku, and the customer provide. <u>'''Miku reserves the right to change all content on their services.'''</u><ref name=":3" />


====6. Miku's [[Forced arbitration|Forced Arbitration clause]].====
====6. Miku's [[Forced arbitration|Forced Arbitration clause]].====
content here
Miku's ToS contains a complicated forced arbitration clause.


==[Rough work] Interesting parts of the Miku TOS<ref>{{Cite web |title= |url=https://mikucare.com/pages/terms-of-service}}</ref>==<!-- Do I have to grant any licenses to Miku or to other users?
Miku's ToS states that any dispute, claim, or controversy the customer has with Miku <u>must be determined with binding arbitration through a single arbitrator in either New Jersey</u>, <u>or submitted to a small claims court in New Jersey</u>. The location <u>may change</u> if it is overly burdensome to the customer, and a virtual arbitration or over-the-phone arbitration may take place, or different location may be selected by the arbitrator.<ref>{{Cite web |title=Miku ToS section "Arbitration" |url=https://mikucare.com/pages/terms-of-service#toc28 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc28 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "Arbitration"}}</ref>


By submitting User Submissions through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services.
Miku's ToS explicitly states that any claims will take place on an individual basis, <u>upon agreement to these terms, you forfeit the right to participate in "class actions" or "class arbitrations" against Miku.</u><ref>{{Cite web |title=Miku ToS section "No Class Actions" |url=https://mikucare.com/pages/terms-of-service#toc29 |url-status=live |archive-url=https://web.archive.org/web/20250722045420/https://mikucare.com/pages/terms-of-service#toc29 |archive-date=22 Jul 2025 |access-date=16 Aug 2025 |website=Miku ToS section "No Class Actions"}}</ref>


https://mikucare.com/pages/terms-of-service#toc7 -->
== Broader Implications Regarding Consumer Rights and Ownership ==
From reading the Terms of Service, it is understood that if Miku Services were to go offline without notice (which they are allowed to do), any data you created on or uploaded to the Miku services of yourself or your child is able to be retained by them forever. If Miku services were to shut down, customers would lose access to many of the care+ subscription features already supported by their device. If a customer was to try and reverse engineer or otherwise rebuild the services which were shut down to be able to use the already supported features of their Miku device, this would violate the terms of service and the customer could potentially be fined or jailed for individually modifying the Miku device, or providing a public solution for others to modify their Miku device to return accessibility to these features.


==References==
==References==
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<references />