These Terms of Service (the "Terms") govern your use of the Miraven AI-powered voice answering service (the "Service") provided by Miraven LLC ("Miraven," "we," "us," or "our"). By creating an account, signing up for a paid plan, or otherwise using the Service, you ("you," "your," or "Customer") agree to these Terms.
If you are agreeing to these Terms on behalf of a funeral home, business, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" and "your" refer to that entity.
By checking the acceptance box at checkout, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, including the early termination provisions in Section 3.2, the limitation of liability in Section 6.3, and the binding arbitration and class action waiver in Section 8.
If you do not agree to these Terms, you may not use the Service.
1. The Service
1.1 What Miraven Provides
Miraven provides an AI-powered voice agent that answers inbound phone calls forwarded from your funeral home's phone line. The Service captures caller information, generates call transcripts, and routes urgent calls (including death calls) to your designated on-call contact according to the configuration you provide.
1.2 What Miraven Does Not Provide
The Service is not a licensed funeral director, grief counselor, attorney, physician, or financial advisor. Miraven does not provide legal, medical, or financial advice to callers.
The Service uses artificial intelligence to process and respond to calls. AI systems may misinterpret caller intent, fail to recognize urgency, or provide responses that differ from what a trained funeral professional would provide. You acknowledge that the Service is not a substitute for trained staff and that you remain responsible for the timely handling of all death calls, arrangements, and family communications.
Miraven does not guarantee that every call will be handled perfectly and encourages you to review transcripts regularly and follow up with callers promptly.
1.3 Backup Procedures
You acknowledge that no technology system, including the Service, is infallible. You are responsible for maintaining a backup call-handling procedure (such as a secondary on-call number, voicemail, or answering service) to ensure that urgent calls, including death calls, are not missed in the event of a Service outage, AI error, or network failure. Miraven shall not be liable for any damages arising from your failure to maintain adequate backup procedures.
2. Pricing and Payment
2.1 Plans and Pricing
Miraven offers two plan types: month-to-month (no long-term commitment, cancel any time in accordance with Section 3.2) and annual (a 12-month commitment at a discounted rate, subject to the early termination charge in Section 3.2).
Each plan is associated with a call volume tier that includes a set number of calls per month with no time limit per call. The specific pricing, included call volume, and per-call overage rate applicable to your subscription are as presented to you and accepted by you at checkout. Your checkout confirmation, together with these Terms, constitutes the complete agreement governing your subscription. This information is also available in your Miraven billing portal at any time. The price and overage rate you accept at checkout are the binding prices for your subscription, subject to the change provisions in Section 9.
All plans allow you to roll over up to your tier's included call volume into the following month. For example, on a plan that includes 50 calls per month, up to 50 unused calls may be rolled over.
For volumes above the highest published tier, Miraven will provide a custom quote. Contact info@miraven.com to discuss.
2.2 Overage Charges
If your actual call volume in any given month exceeds your selected tier's included call volume (after rollover), each additional call is billed at the per-call overage rate shown to you at checkout for your plan. Overage charges are calculated and billed at the end of each billing cycle.
2.3 Setup Fee
A one-time setup fee applies per unique setup. If you operate multiple locations or brands that require distinct call handling (for example, different greetings including funeral home names, routing, or on-call contacts), each distinct setup is subject to a separate setup fee. Locations that share the same setup are covered under a single setup fee. The setup fee amount and the date on which it will be charged are shown to you at checkout.
2.4 Billing and Payment Terms
- The Service is billed in advance. Your payment method on file will be charged automatically at the beginning of each monthly billing cycle.
- Overage charges, if any, will be charged at the end of each billing cycle once actual call volume is calculated.
- You must provide a valid payment method at signup. Miraven accepts major credit cards.
- If a charge fails, you will be notified and given five (5) business days to update payment information before the Service may be suspended.
- You must provide at least five (5) days' written notice (email is acceptable) to change your selected tier for the next billing cycle.
- If you consistently exceed your selected tier, Miraven may recommend a more suitable tier to help avoid overage charges.
- Sales tax will be charged where required by applicable law.
2.5 Plan Selection
Your plan selection is made through your Miraven account or via email or online form during the setup process. Plan changes take effect at the start of the next billing cycle unless otherwise agreed.
3. Term and Termination
3.1 Term
Month-to-month plans begin on the date you accept these Terms and activate the Service, and continue until cancelled in accordance with Section 3.2.
Annual plans begin on the date you accept these Terms and activate the Service, and continue for a period of twelve (12) months (the "Term"). After the Term, annual plans automatically convert to month-to-month pricing at the then-current month-to-month rate for your tier unless you renew for another annual Term.
3.2 Termination by Customer
Month-to-month plans. You may cancel a month-to-month plan at any time by providing written notice (email to info@miraven.com is acceptable). Cancellation takes effect at the end of the current billing cycle. No refunds will be issued for unused calls in a prepaid cycle.
Annual plans. If you cancel an annual plan before the end of your 12-month Term, an early termination charge applies. The early termination charge is equal to seventy-five percent (75%) of the monthly rate for your tier multiplied by the number of months remaining in your Term, and is due upon cancellation. The parties agree that this early termination charge represents a reasonable estimate of Miraven's anticipated damages from early cancellation, including but not limited to lost revenue, costs of customer acquisition, and resource allocation, which damages are difficult to calculate with certainty. This provision is intended as a liquidated damages clause and not as a penalty.
3.3 Termination by Miraven
Miraven may terminate these Terms with thirty (30) days' written notice to you, or immediately in the event of non-payment, misuse of the Service, or violation of any material term of these Terms. If Miraven terminates an annual plan without cause, Miraven will refund any prepaid amounts attributable to the unused remainder of the Term.
3.4 Suspension
Miraven may suspend your access to the Service, in whole or in part, if (a) your account is past due for more than five (5) business days; (b) Miraven reasonably believes your use of the Service violates these Terms or applicable law; or (c) suspension is required to prevent harm to other customers or the integrity of the Service. Miraven will provide notice of suspension and the reason therefor as promptly as practicable. Suspension does not relieve you of your payment obligations. Miraven will restore access promptly upon resolution of the issue giving rise to suspension.
4. Customer Obligations
You agree to:
- Provide accurate on-call contact information and keep it updated in the Miraven portal.
- Forward your funeral home's phone line(s) to the Miraven-assigned number to activate call routing.
- Review call transcripts and follow up with callers promptly. Miraven recommends following up within 15 minutes of a death call notification.
- Maintain a backup call-handling procedure as described in Section 1.3.
- Use the Service only for lawful purposes consistent with the funeral services profession.
- Not resell or sublicense the Service to third parties without Miraven's prior written consent.
- Maintain a valid payment method on file for the duration of your use of the Service.
5. Call Recording and Data
5.1 Call Recording
All calls handled by Miraven on your behalf will be recorded for quality assurance and transcript generation. By accepting these Terms, you authorize Miraven to record calls made to your forwarded phone lines.
You are responsible for configuring your voice agent greeting to include any recording disclosure or notification required by applicable law. Miraven provides the ability to customize your agent's greeting for this purpose but does not determine whether your configured disclosure satisfies the legal requirements of your jurisdiction.
You represent and warrant that (a) you have the legal authority to forward your business phone line(s) to the Service and to authorize recording of calls received on those lines; (b) your configured voice agent greeting includes any recording disclosure required by applicable federal, state, and local laws, including but not limited to two-party and all-party consent jurisdictions; (c) you will comply with all applicable laws regarding call recording and notification; and (d) you will inform any employees, contractors, or other individuals who may use your phone lines that calls forwarded to the Service will be recorded.
5.2 Data Retention
Miraven will retain call recordings and transcripts for a minimum of twelve (12) months, accessible through the customer portal. Upon termination of these Terms, your call recordings and transcripts will remain accessible for a period of thirty (30) days, after which they may be deleted. You are responsible for exporting any data you wish to retain prior to deletion.
5.3 Data Use and Privacy
Your data will not be sold to third parties. Miraven's collection, use, and handling of personal data is governed by our Privacy Policy, available at miraven.com/privacy-policy. By using the Service, you acknowledge and agree to the practices described in the Privacy Policy.
Miraven may use aggregated, de-identified data derived from use of the Service for purposes of improving the Service, including training and improving AI models, provided that such data cannot reasonably be used to identify you, your business, or any individual caller.
6. Warranties and Limitation of Liability
6.1 Service Availability
Miraven targets 99.5% monthly uptime for the Service. In the event of an outage, Miraven will use commercially reasonable efforts to restore service promptly and will notify you via email of any planned maintenance windows.
6.2 Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." MIRAVEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MIRAVEN DOES NOT GUARANTEE THAT THE AI VOICE AGENT WILL CAPTURE EVERY CALL, THAT ALL TRANSCRIPTS WILL BE ERROR-FREE, OR THAT THE AI VOICE AGENT WILL CORRECTLY IDENTIFY OR ESCALATE EVERY URGENT CALL, INCLUDING DEATH CALLS. YOU ACKNOWLEDGE THAT TECHNICAL FAILURES, AI MISINTERPRETATION, OR NETWORK ISSUES MAY RESULT IN DELAYED OR MISSED NOTIFICATIONS, AND THAT YOU ARE RESPONSIBLE FOR MAINTAINING BACKUP PROCEDURES AS DESCRIBED IN SECTION 1.3.
6.3 Limitation of Liability
MIRAVEN'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOU TO MIRAVEN IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL MIRAVEN BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST PROFITS, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.4 Exceptions to Limitation
THE LIMITATIONS IN SECTION 6.3 DO NOT APPLY TO (A) YOUR PAYMENT OBLIGATIONS UNDER THESE TERMS, INCLUDING ANY EARLY TERMINATION CHARGES; (B) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 7; (C) DAMAGES ARISING FROM A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (D) EITHER PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 5.
7. Indemnification
You agree to indemnify, defend, and hold harmless Miraven, its officers, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Service, your violation of these Terms, your breach of the representations and warranties in Section 5.1, or any claims by third parties relating to calls handled on your behalf.
8. Governing Law and Disputes
These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.
Any dispute arising under these Terms that cannot be resolved informally shall be submitted to binding arbitration in Delaware under the Commercial Arbitration Rules of the American Arbitration Association. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction, and either party may bring an individual action in small claims court for claims within that court's jurisdictional limits.
Class action waiver. All claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year of the event giving rise to the claim, or it is permanently barred.
9. General Provisions
Entire Agreement. These Terms, together with the pricing and plan details accepted by you at checkout, constitute the entire agreement between you and Miraven regarding the Service and supersede all prior discussions, agreements, or understandings.
Amendments. Miraven may update these Terms from time to time. We will notify you of material changes by email or through the customer portal at least thirty (30) days before they take effect. Your continued use of the Service after the notice period constitutes acceptance of the updated Terms.
Rate Adjustments. Miraven reserves the right to adjust pricing with thirty (30) days' written notice. Locked annual pricing is not subject to rate adjustments during the committed Term.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
Assignment. You may not assign these Terms without Miraven's prior written consent. Miraven may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
No Waiver. Failure by Miraven to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that or any other provision.
Notices. Notices to Miraven should be sent to info@miraven.com. Notices to you will be sent to the email address associated with your account.
Force Majeure. Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent such delay or failure results from causes beyond the party's reasonable control, including but not limited to acts of God, natural disasters, pandemics, telecommunications or carrier outages, internet service disruptions, power failures, government actions, labor disputes, or cyberattacks. The affected party shall provide prompt notice and use commercially reasonable efforts to resume performance. If a force majeure event continues for more than thirty (30) consecutive days, the unaffected party may terminate these Terms upon written notice without liability.
Third-Party Services. The Service relies on third-party infrastructure, including telephony carriers, cloud hosting, and payment processors. Miraven is not responsible for failures, outages, or errors caused by third-party service providers. Miraven will use commercially reasonable efforts to select reliable providers and to mitigate the impact of any third-party service disruption.
Feedback. Any feedback, suggestions, or ideas you provide to Miraven regarding the Service are non-confidential, and Miraven may use, reproduce, and incorporate such feedback without restriction or obligation of compensation to you.
Optional Text Messages
Miraven, LLC offers optional texts for urgent call alerts, call summaries, and acknowledgment confirmations. Verification codes and app download links are sent when requested. Separately, Miraven team members can agree to internal product testing texts. Texting consent is not a condition of purchase or use of Miraven.
Message frequency varies. Message and data rates may apply. Reply STOP to opt out, START to opt back in, or HELP for help. You can also contact info@miraven.com or +1 (201) 824-4343. Turning off call summaries in Profile stops that category; STOP stops all texts from the messaging program. Opting back in does not automatically enable additional alert categories. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy at https://www.miraven.com/privacy-policy.
10. Contact
Miraven LLC
2810 North Church St, Ste. 701504
Wilmington, Delaware 19802