These Terms of Service govern access to and use of the Miyuwa platform (the "Platform"), operated by Miyuwa SAS, a French simplified joint-stock company (société par actions simplifiée). By accessing the Platform, you agree to these terms. If you do not agree, do not use the Platform.
1. About Miyuwa
Miyuwa is an online marketplace connecting professional makeup artists ("MUAs") with clients seeking makeup services at home or at the artist's location. The Platform facilitates introductions, bookings, and secure payments, but does not replace the direct contractual relationship between the client and the MUA. Miyuwa is not a makeup agency and does not employ MUAs.
2. Eligibility and Account
You must be at least 18 years old and a legal US resident to use Miyuwa. You agree to provide accurate, complete information when creating an account and to keep it updated. You are responsible for all activity under your account. Report any unauthorized access immediately to contact@miyuwa.com. Miyuwa reserves the right to suspend or terminate accounts that violate these Terms.
3. Platform Roles
Two account types exist: "Client" accounts for searching and booking services, and "MUA" accounts for listing and offering services. MUAs are independent contractors, not employees of Miyuwa. Each MUA agrees to provide accurate information about their skills, pricing, and availability, and to deliver booked services as agreed.
4. Bookings and Payments
Bookings are confirmed after the MUA accepts your request and a 30% deposit is charged. The remaining balance is charged once you confirm the service is complete. Prices may include a service fee (a percentage of the booking subtotal, including any travel and booking fees, that helps operate the Platform) and, where applicable, a travel fee and a same-day booking fee; every fee that applies to your booking is shown before you pay. All payments are processed securely by Stripe, and by using the Platform you agree to Stripe's Terms of Service.
5. Cancellations and Refunds
Cancellation terms are detailed in our Cancellation Policy (linked at the bottom of this page). Late cancellations or no-shows may result in forfeiture of the deposit in accordance with that policy.
6. Reviews and Ratings
After a completed appointment, clients may leave a 1–5 star rating and a written review. Reviews must be honest and based on the actual experience. Miyuwa reserves the right to remove reviews that violate these Terms, contain false information, or violate applicable law.
7. Messaging and Prohibited Conduct
The in-platform messaging is for professional use only. You may not share personal contact details (email, phone number) or solicit off-platform transactions. You may not use the Platform for any unlawful purpose, harassment, discrimination, or to circumvent Miyuwa's fees. Violations may result in immediate account termination.
8. Intellectual Property
All Platform content (logo, text, design, code, trademarks) is the property of Miyuwa SAS and protected by US, French and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose. "Miyuwa" and the Miyuwa logo are trademarks of Miyuwa SAS.
9. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MIYUWA DOES NOT WARRANT THE QUALITY, SAFETY, OR LEGALITY OF SERVICES PROVIDED BY MUAs. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MIYUWA SAS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF $100 OR THE SERVICE FEES PAID IN THE 12 MONTHS PRECEDING THE CLAIM.
11. Changes to Terms
Miyuwa reserves the right to modify these Terms at any time. We will notify users of material changes by email or Platform notification at least 30 days before they take effect. Continued use after the effective date constitutes acceptance of the updated Terms.
12. SMS and Text Messaging
If you provide your mobile number, Miyuwa may send you transactional text messages (such as booking confirmations, reminders, and the one-time code used to complete a service). We only send promotional or marketing text messages with your prior express written consent, collected through a separate opt-in — consistent with the US Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA). Message and data rates may apply, message frequency varies, and you can opt out at any time by replying STOP (reply HELP for help). Opting out of marketing messages does not stop the transactional messages needed to operate a booking.
13. Dispute Resolution & Arbitration
PLEASE READ CAREFULLY: For users located in the United States, any dispute arising from these Terms or your use of the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in English in Miami-Dade County, Florida. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. Claims that qualify may still be brought in small claims court. RIGHT TO OPT OUT: you may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing contact@miyuwa.com with your name and account email; opting out does not affect any other part of these Terms.
14. Governing Law
Miyuwa SAS is established in France. For users located in the United States, these Terms and any dispute arising from them are governed by the laws of the State of Florida, without regard to its conflict-of-law principles, and — for any matter not subject to arbitration — you consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida. Nothing in these Terms deprives a consumer of the mandatory legal protections of their state or country of residence.
15. User Content & License
You may submit content to the Platform, such as profile photos, portfolio images, reviews, and messages ("User Content"). You retain ownership of your User Content, but you grant Miyuwa a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute it for the purpose of operating and promoting the Platform. You are solely responsible for your User Content and represent that you have the rights to share it, that it is accurate, and that it does not infringe any third party's rights or violate any law. Miyuwa may remove User Content that violates these Terms or applicable law.
16. Copyright & DMCA Notices
Miyuwa respects intellectual property rights and responds to notices of alleged copyright infringement under the US Digital Millennium Copyright Act (DMCA). If you believe content on the Platform infringes your copyright, send a written notice to our designated agent at contact@miyuwa.com including: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) the location of the allegedly infringing material; (d) your contact information; (e) a statement of good-faith belief that the use is unauthorized; and (f) a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act. We may remove infringing content and terminate repeat infringers. You can reach our designated copyright agent at contact@miyuwa.com.
17. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Miyuwa SAS, its affiliates, and their officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Platform; your User Content; your violation of these Terms or applicable law; or, for MUAs, the services you provide to clients.
18. General Provisions
These Terms, together with the Privacy Policy and Cancellation Policy, form the entire agreement between you and Miyuwa regarding the Platform. If any provision is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. We are not liable for any failure or delay caused by events beyond our reasonable control (force majeure). Notices to you may be sent to your account email; notices to us go to contact@miyuwa.com.
Questions? Contact us at contact@miyuwa.com
