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Terms of Service

Table of Contents

  1. Acceptance of Terms

  2. Right to use

The Platform may be used by persons aged 18 and over who are not restricted by applicable law.

By using the Platform, you represent and warrant that:

  • You are at least 18 years of age;

  • You are not subject to sanctions, export controls, or any other legal restriction that prevents you from receiving services from us;

  • The information you provide to us is accurate, current, and complete;

  • You use the Platform in compliance with all applicable laws, including the laws of the Kingdom of Thailand.

If we discover that an account belongs to a person under 18, we will suspend the account and delete data in accordance with Privacy Policy §10.

  1. Your account and authentication

3.1. Account creation

An account is created by verifying a mobile phone number with a one-time code ("OTP") sent by SMS. You confirm that the number you use:

  • Belongs to you and is under your sole control;

  • Is registered in your name or with your permission;

  • Will be kept current — if you give up the number, update it in settings beforehand.

    3.2. One account per number

Each verified number corresponds to one account. Multiple accounts for the same person (through different numbers or otherwise) are not permitted, except where MiOON has expressly approved a second account for a valid business reason (for example, separating an agency account from a personal one).

3.3. Account security

You are responsible for the security of the phone linked to your account and for all activity through the account. Notify us promptly at legal@mioon.com if you suspect unauthorised access. We are not liable for losses arising from your failure to notify us.

3.4. Account roles

The Platform distinguishes the following roles:

  • Buyer — a user who browses Listings and contacts Sellers;

  • Seller — a user who posts Listings;

  • Field agent — an authorised MiOON field agent who collects Listing content from the Seller and publishes it on their behalf upon confirmation by the Seller's OTP;

  • Moderator / Ops Lead / Admin — internal MiOON staff.

A user may be a Buyer and Seller simultaneously. The field agent, Moderator, Ops Lead, and Admin roles are assigned by MiOON only.

  1. Your content (Listings)

4.1. Ownership of your content

You retain all rights to text, photos, and other materials uploaded to the Platform (the "Content"). MiOON does not claim ownership.

4.2. Licence you grant to MiOON

By posting Content you grant MiOON a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, store, display, reproduce, distribute, prepare derivative works, machine-translate, and otherwise use the Content solely for the purpose of operating, promoting, and improving the Platform, including:

  • Displaying your Content to Buyers and other users;

  • Creating machine-translated versions in English, Russian, and Thai (see §4.4);

  • Creating thumbnails, optimised images, and other technically necessary derivatives;

  • Indexing Content for search and recommendations;

  • Including Content in our promotional materials (e.g. marketing emails or social posts) — Listings only, never your personal contacts without separate consent;

  • Retaining a copy of Content after a Listing expires or is deleted — for the audit period in Privacy Policy §7.

The licence terminates when Content is deleted from the Platform, except where we are required or reasonably entitled to retain copies for audit purposes.

4.3. Your warranties regarding Content

You represent and warrant that:

  • You own all rights to the Content or hold all necessary licences and consents to grant the licence in §4.2;

  • The Content does not infringe third-party rights of intellectual property, privacy, publicity, or other rights;

  • The Content is accurate, lawful, and not misleading;

  • For real-estate Listings: you are the owner, or you have the owner's permission to post, or you are a licensed agent acting within your authority;

  • For business/service Listings: you hold all licences, registrations, and permits required by Thai law.

    4.4. Automatic translation

We automatically translate Listings between English, Russian, and Thai via a third-party machine-translation service. Translations may contain errors. Where translation accuracy is material (e.g. transaction terms), the original-language version prevails. You may edit translations after publication. Moderators may also correct translations.

4.5. Photos and media

You may not upload:

  • Photos to which you do not hold rights;

  • Photos depicting persons (other than yourself) who have not consented to publication;

  • Photos carrying watermarks and logos of competing classifieds platforms;

  • Stock photos presented as genuine;

  • Photos that misrepresent the property (a different building; digital retouching that conceals defects in a misleading way).

  1. Your responsibilities and prohibited content

5.1. Accuracy

You are responsible for the accuracy of every Listing you publish. Misleading content — false prices, false characteristics, "bait" listings to generate enquiries about a different property, concealing material defects — is grounds for removal of the Listing and suspension of the account.

5.2. Categories that may not be posted

You may not post:

  • Goods and services that are unlawful under Thai law, including (without limitation):

    • Narcotic and psychotropic substances under the relevant Acts, and cannabis under current regulation;

    • Firearms, ammunition, explosives, and weapons regulated by the Firearms, Ammunition, Explosives, Fireworks and Imitation Firearms Act;

    • Wildlife and derivatives under CITES and the Wildlife Conservation Act — ivory, certain shells, protected birds and reptiles;

    • Counterfeit goods infringing trademarks, copyrights, designs;

    • Stolen property;

    • State property that may not lawfully be sold;

    • Tobacco and alcohol products to the extent their advertising is restricted (Tobacco Products Control Act, Alcohol Control Act);

    • Lottery tickets and gambling services (Gambling Act B.E. 2478);

    • Sexual services and content in violation of Thai law (Prevention and Suppression of Prostitution Act, Computer Crime Act);

    • Human organs, tissue, blood, surrogacy services;

    • Live animals, unless you are a licensed vendor and the Listing complies with Thai animal welfare rules and import/export regulations;

    • Medical devices and prescription medicines regulated by the Drugs Act and Medical Devices Act;

    • Services constituting regulated professional activities (medicine, dentistry, veterinary practice, law, accountancy) without the appropriate licence.

  • Real-estate Listings that violate Thai foreign-ownership rules — in particular advertising freehold land ownership to foreigners in a manner that misrepresents the structures available under Thai law (foreigners generally cannot own land freehold; condominium ownership is permitted within the 49% quota under the Condominium Act).

  • Business-for-sale Listings involving regulated activities without disclosing the required licences (restaurants without their alcohol licence status; nurseries/schools without operating permits).

This list is not exhaustive. We may add prohibited categories and remove Listings that we reasonably consider fall within the spirit of the prohibitions, even if not expressly listed.

5.3. No discriminatory content

You may not post Content that discriminates on grounds of race, nationality, religion, gender, sexual orientation, disability, or other protected characteristics, including formulations such as "no [nationality]" in rental Listings.

5.4. No deceptive practices

You may not:

  • Post the same item multiple times to inflate search visibility (re-posting rules — see published guidelines);

  • Post without genuine intent to sell — for the purpose of collecting contacts for marketing;

  • Post on behalf of another Seller without authority.

  1. Prohibited use of the Platform

You may not, and may not allow third parties to:

  • Scrape, crawl, or systematically extract Content, except as expressly permitted by our robots.txt or a separate written agreement;

  • Use automated submission (bots, scripts, macros) to create accounts, post Listings, or send contact requests, except through public APIs;

  • Misrepresent your identity or relationship to a Listing (including posing as a private seller while operating as an agency);

  • Undermine the security or integrity of the Platform, including attempts at unauthorised access, vulnerability probing, DoS attacks, or circumventing rate limits;

  • Reverse-engineer, decompile, or disassemble any part of the Platform, except as permitted by mandatory provisions of applicable law;

  • Use the Platform to send spam, malware, phishing, or any other unlawful communications;

  • Use contact features to harass, threaten, or defraud;

  • Resell, sublicence, or commercialise access to the Platform itself.

We are entitled to take any technical and legal measures to detect and stop violations, including IP rate-limiting, account blocking, and notifying law enforcement.

  1. Moderation, removal, blocking

7.1. Right to moderate

At our reasonable discretion we may:

  • Pre-moderate Listings before publication;

  • Post-moderate already published Listings;

  • Edit typos and translations (we do not change material commercial terms without contacting you);

  • Re-categorise Listings;

  • Remove Listings that violate these Terms, applicable law, or published guidelines;

  • Suspend or delete accounts.

    7.2. User reports

Any user may report a Listing that violates these Terms.

7.3. Notice and appeal

When a Listing is removed or an account is suspended, we will, to the extent reasonably practicable:

  • Notify you (in the application and, where possible, by SMS to your verified number);

  • State the category of violation;

  • Allow you to appeal by writing to legal@mioon.com. We consider appeals within a reasonable time and communicate our decision.

We may act without prior notice in cases of (a) immediate risk to other users, (b) suspected fraud, (c) law-enforcement requests, or (d) other emergency circumstances.

7.4. Automated moderation routing

We apply automated rules to prioritise moderation queues (for example, flagging suspected fraud). Automated logic does not by itself reject Listings or block accounts. Each adverse decision is reviewed by a person. See Privacy Policy §8.9.

  1. Communication between Buyers and Sellers

On MVP the Platform does not provide an internal messenger. When a Buyer clicks "contact", the Platform may:

  • Show the contact channel chosen by the Seller (phone, Telegram, WhatsApp, LINE) according to the visibility setting;

  • Open a deep-link into an external messenger.

The Platform is not a party to negotiations between Buyer and Seller. We do not see, store, or moderate the content of messages in external messengers. The terms and privacy policies of WhatsApp, Telegram, LINE, and others govern those messages separately.

We log the contact-initiation event (see Privacy Policy §3.1, §3.2) for analytics and anti-abuse purposes, but do not log message content.

  1. MiOON's role and disclaimers

9.1. MiOON is a marketplace, not a party to transactions

MiOON provides a marketplace where Sellers publish and Buyers find Listings. We are not a party to transactions between Buyer and Seller. We do not own the properties, goods, or services. We do not represent or warrant the accuracy of Listings beyond our moderation efforts.

9.2. Payments are not processed on MVP

Any payment between Buyer and Seller is made outside the Platform on terms agreed between them. We are not responsible for the completion, integrity, or refund of such payments.

9.3. No professional advice

Nothing on the Platform constitutes legal, financial, tax, real-estate, or other professional advice. Information provided by Sellers reflects their representations, not ours. Engage qualified professionals before any significant transaction.

9.4. "As-is" disclaimer

To the maximum extent permitted by applicable law:

  • The Platform is provided "as is" and "as available".

  • We disclaim all warranties, express and implied: merchantability, fitness for a particular purpose, non-infringement, accuracy of any Listing, uninterrupted or error-free operation.

  • We do not warrant that any Seller is legitimate, that any item exists, that any price is current, or that any transaction will complete.

Where applicable Thai law (in particular the Consumer Protection Act and the PDPA) does not permit a specific disclaimer, our liability is limited only to the extent the disclaimer is permissible; the remaining disclaimers continue to apply.

  1. Limitation of liability

10.1. Liability cap

To the maximum extent permitted by law, MiOON's total liability to you under these Terms or in connection with your use of the Platform — regardless of the basis (contract, tort, strict liability) — is limited to the greater of:

  • THB 1,000 (one thousand Thai Baht); or

  • The aggregate payments you have made to MiOON in the 12 months before the event giving rise to the claim.

    10.2. Exclusion of indirect losses

To the maximum extent permitted by law, MiOON is not liable for:

  • Indirect, incidental, consequential, special, or punitive losses;

  • Loss of profits, business, revenue, goodwill, or anticipated savings;

  • Loss or corruption of data not caused by our wilful misconduct;

  • Losses arising from the actions of another user, including Seller fraud or Buyer non-payment.

    10.3. Mandatory exceptions

Nothing in this section limits or excludes:

  • Our liability for death or personal injury caused by our negligence;

  • Liability for fraud or fraudulent misrepresentation;

  • Liability under the mandatory provisions of the Thai Consumer Protection Act, the PDPA, and other Thai law that cannot be excluded by contract;

  • Your rights as a data subject under the PDPA, GDPR, and 152-FZ.

  1. Indemnification

  2. Account termination

12.1. At your initiative

12.2. At our initiative

We may suspend or terminate an account immediately, with or without notice, if:

  • You materially breach these Terms;

  • Applicable law, a court order, or a regulatory request requires it;

  • Your use creates risk to the Platform, other users, or third parties;

  • We determine that you are under 18 years of age; or

  • The account has been inactive for an extended period and we are entitled to deactivate it (inactivity rules will be published separately before they are applied).

    12.3. Survival

After termination, Sections 4.2 (final paragraph on audit retention), 9, 10, 11, 13, and 14, as well as any other provisions that by their nature should survive, remain in force.

  1. Governing law and dispute resolution

13.1. Governing law

These Terms and any disputes are governed by the laws of the Kingdom of Thailand, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2. Exclusive jurisdiction

You and MiOON agree to the exclusive jurisdiction of the competent courts of Phuket Province, Thailand, except where Thai consumer law mandatorily prescribes a different forum that the consumer is entitled to choose.

13.3. Informal resolution first

Before commencing any formal proceedings, you agree to attempt in good faith to resolve the dispute by writing to legal@mioon.com and giving MiOON at least 30 days to respond. This requirement does not apply to claims for urgent interim relief.

13.4. No class actions

To the maximum extent permitted by Thai law, any dispute is resolved on an individual basis and not as part of a class, consolidated, or representative action.

  1. Miscellaneous provisions

14.1. Entire agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and MiOON in relation to the Platform and supersede any prior agreements on the same subject matter.

14.2. Severability

If any provision is found to be unenforceable, the remaining provisions remain in force, and the unenforceable provision is replaced with an enforceable one that most closely reflects the original intention of the parties.

14.3. Changes

14.4. No waiver

Our failure to enforce any provision is not a waiver of it.

14.5. Assignment

You may not assign these Terms or your account without our written consent. We may assign these Terms to a successor in connection with a merger, acquisition, reorganisation, or sale of substantially all assets, with at least 30 days' notice in the application.

14.6. Language

These Terms are published in English (primary), Russian, and Thai. In the event of discrepancies, the Thai version prevails for residents of Thailand, the English version for all others, unless local law requires otherwise.

14.7. Force majeure

Neither party is liable for non-performance or delay caused by events beyond their reasonable control: acts of God, war, terrorism, civil unrest, government action, pandemic, internet and communications failures, third-party provider outages.

  1. Contacts

For questions about these Terms or to send notices under them: