Terms and Conditions

1. Introduction

These Terms and Conditions (“Terms”) apply to all licenses, software products, online services, applications, websites, trial versions, documentation and related services provided by Misterine s.r.o. (“Misterine”, “we”, “us” or “our”) to a customer, user or contracting party (“Customer”, “you” or “your”).

By accessing or using our website, software or services, creating an account, purchasing a license, starting a trial, downloading software, or otherwise using any Misterine product or service, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our website, software or services.

These Terms are intended primarily for business customers. If you are using our services as a consumer, certain mandatory consumer protection rights may apply and nothing in these Terms limits rights that cannot be excluded under applicable law.

2. Company Information

The provider of the website, software and services is:

Misterine s.r.o.
Registered office: Karolinská 661/4, Karlín, 186 00 Praha
Company ID: 05249899
Email: info@misterine.com
Website: https://misterine.com

3. Definitions

For the purposes of these Terms, the following definitions apply:

• Agreement means these Terms together with any order form, quotation, invoice, license agreement, service agreement or other document referring to these Terms.
• Customer means the legal or natural person using or purchasing the Software or Services.
• Software means any software, application, platform, framework, tool, plugin, library, code, script or digital product provided by Misterine.
• Services means hosting, support, maintenance, cloud services, online tools, trial access, consulting, configuration or other services provided by Misterine.
• License means the limited right to use the Software or Services in accordance with these Terms.
• Customer Data means data, content, files, models, images, text, information or other materials uploaded, created or processed by the Customer using the Software or Services.
• Fees means all license fees, subscription fees, service fees or other charges payable by the Customer.

4. License Grant

Subject to payment of applicable Fees and compliance with these Terms, Misterine grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Software and Services during the applicable license or subscription period.

The License is granted solely for the Customer’s internal business purposes unless otherwise agreed in writing. The Customer may not use the Software or Services beyond the scope expressly permitted by the Agreement.

5. License Restrictions

Unless expressly permitted by applicable law or agreed in writing by Misterine, the Customer must not:

• copy, modify, adapt, translate or create derivative works from the Software;
• reverse engineer, decompile, disassemble or attempt to derive the source code of the Software;
• rent, lease, sublicense, sell, distribute, assign or transfer the Software or Services;
• remove, alter or obscure any copyright, trademark or proprietary notices;
• use the Software or Services to develop a competing product or service;
• circumvent technical restrictions, access controls or license limitations;
• use the Software or Services in violation of applicable laws or third-party rights;
• use the Software or Services for unlawful, harmful, fraudulent or abusive purposes.

6. Accounts and Access

Some Services may require the creation of a user account. The Customer is responsible for maintaining the confidentiality of login credentials and for all activity occurring under its account.

The Customer must ensure that all account information is accurate and kept up to date. Misterine may suspend or terminate access if it reasonably believes that an account is being misused, compromised or used in violation of these Terms.

7. Trial Versions and Public Test Environments

Misterine may offer trial versions, demo access or public test environments, including but not limited to trial access to Misterine Studio or similar tools (“Trial Services”).

Trial Services are provided for testing and evaluation purposes only. Unless expressly stated otherwise, Trial Services are provided free of charge, without any warranty, support commitment, service level guarantee or data retention obligation.

The Customer acknowledges that Trial Services or public test servers may not be intended for confidential, sensitive, private, business-critical or personal data. The Customer must not upload any content to Trial Services unless the Customer has all necessary rights and legal grounds to do so.

Content uploaded to public trial environments may be publicly accessible or used by Misterine for testing, demonstration, marketing or improvement purposes, unless otherwise agreed in writing.

8. Customer Data

The Customer retains ownership of Customer Data. Misterine does not claim ownership of Customer Data.

The Customer grants Misterine a limited right to host, store, process, transmit, display and otherwise use Customer Data solely to the extent necessary to provide, secure, maintain and improve the Software and Services, or as otherwise permitted by the Agreement.

The Customer is solely responsible for the legality, accuracy, quality and ownership of Customer Data and for ensuring that Customer Data does not infringe third-party rights or violate applicable laws.

9. Personal Data

If Customer Data contains personal data, the Customer is responsible for ensuring that such personal data is processed lawfully and that all required notices, consents or legal bases are in place.

To the extent Misterine processes personal data on behalf of the Customer, Misterine acts as a processor and the Customer acts as a controller within the meaning of the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

Where required by law, the parties shall enter into a separate Data Processing Agreement or Data Processing Addendum governing such processing.

Further information about how Misterine processes personal data as a data controller is available in our Privacy Policy.

10. Fees and Payment

The Customer shall pay all Fees specified in the applicable order, quotation, invoice or agreement. Unless otherwise agreed, Fees are due within the payment period stated on the invoice.

Fees are exclusive of VAT and other applicable taxes unless expressly stated otherwise. The Customer is responsible for paying all applicable taxes, duties and charges related to the purchase or use of the Software or Services.

If the Customer fails to pay any amount when due, Misterine may suspend or terminate access to the Software or Services after providing reasonable notice, unless immediate suspension is necessary to prevent abuse, legal risk or security issues.

11. Subscriptions and Renewal

If the Software or Services are provided on a subscription basis, the subscription is valid for the period stated in the applicable order, invoice or agreement.

Unless otherwise agreed, subscriptions may renew automatically for successive renewal periods. The Customer may cancel renewal by notifying Misterine before the end of the then-current subscription period, unless a different cancellation period is specified in the applicable agreement.

Misterine may change subscription prices for future renewal periods by giving the Customer reasonable prior notice.

12. Support and Maintenance

Misterine may provide support and maintenance services as specified in the applicable agreement, order or service plan.

Unless expressly agreed otherwise, Misterine does not guarantee specific response times, resolution times, updates, upgrades or availability of support.

13. Availability and Service Levels

Misterine will use commercially reasonable efforts to make the Services available and secure. However, unless a separate Service Level Agreement is expressly agreed in writing, Misterine does not guarantee uninterrupted, error-free or continuous availability of the Services.

The Services may be temporarily unavailable due to maintenance, updates, technical issues, outages, security measures, third-party failures or events beyond Misterine’s reasonable control.

14. Backups and Data Loss

Unless expressly agreed otherwise, the Customer is responsible for maintaining its own backups of Customer Data.

Misterine may perform backups for operational or security purposes, but does not guarantee that any specific Customer Data can be restored unless a backup service is expressly included in the applicable agreement.

15. Intellectual Property Rights

All intellectual property rights in and to the Software, Services, documentation, website, trademarks, logos, designs, source code, object code, know-how, methods, algorithms and related materials are and remain the exclusive property of Misterine or its licensors.

No rights are granted to the Customer except for the limited License expressly provided under these Terms.

16. Feedback

If the Customer provides suggestions, ideas, bug reports, comments or other feedback regarding the Software or Services, Misterine may use such feedback without restriction and without any obligation to compensate the Customer.

17. Third-Party Services

The Software or Services may integrate with or rely on third-party services, platforms, libraries, APIs, hosting providers, payment providers, analytics tools or other external services.

Misterine is not responsible for third-party services, their availability, functionality, security or terms of use. The Customer’s use of third-party services may be subject to separate terms and policies.

18. Acceptable Use

The Customer must not use the Software or Services to:

• violate any applicable law or regulation;
• infringe intellectual property, privacy or other rights of third parties;
• upload or distribute malware, harmful code or unlawful content;
• attempt to gain unauthorized access to systems, accounts or data;
• interfere with or disrupt the security, integrity or performance of the Services;
• send spam, phishing messages or fraudulent communications;
• process sensitive or high-risk data without appropriate safeguards;
• use the Services in life-critical, safety-critical or high-risk environments without prior written approval.

19. Confidentiality

Each party may receive confidential information from the other party. The receiving party shall protect confidential information using at least reasonable care and shall not disclose it to third parties except as necessary to perform the Agreement or as required by law.

Confidentiality obligations do not apply to information that is publicly available, already known to the receiving party, independently developed, or lawfully obtained from a third party without confidentiality restrictions.

20. Warranties

The Software and Services are provided “as is” and “as available” unless expressly agreed otherwise.

To the maximum extent permitted by applicable law, Misterine disclaims all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy and error-free operation.

21. Limitation of Liability

To the maximum extent permitted by applicable law, Misterine shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profit, loss of revenue, loss of business, loss of data, business interruption or reputational damage.

Unless otherwise agreed in writing, Misterine’s total aggregate liability arising out of or in connection with the Agreement shall not exceed the amount paid by the Customer to Misterine for the affected Software or Services during the twelve months preceding the event giving rise to liability.

For free Trial Services, Misterine’s total aggregate liability shall be limited to EUR 1, unless such limitation is prohibited by applicable law.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by applicable law.

22. Suspension and Termination

Misterine may suspend or terminate the Customer’s access to the Software or Services if:

• the Customer breaches these Terms;
• the Customer fails to pay Fees when due;
• the Customer uses the Software or Services unlawfully or abusively;
• suspension is necessary to protect security, systems, data or other users;
• required by law, court order or public authority.

Upon termination, the Customer must stop using the Software and Services and delete or return all copies of the Software, unless otherwise permitted by law or agreed in writing.

23. Effects of Termination

Termination does not affect rights and obligations that by their nature should survive termination, including payment obligations, confidentiality, intellectual property rights, disclaimers, limitation of liability and governing law provisions.

Misterine may delete Customer Data after termination or expiration of the Agreement, unless retention is required by law or agreed otherwise.

24. Changes to These Terms

Misterine may update these Terms from time to time, for example due to changes in law, services, technical requirements or business operations.

The latest version will be available on our website. If we make material changes, we may notify Customers by appropriate means, such as by email or by posting a notice on the website.

Continued use of the Software or Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

25. Export Control and Sanctions

The Customer must comply with all applicable export control, sanctions and trade compliance laws. The Customer must not use, export, re-export, provide or transfer the Software or Services in violation of such laws or to any sanctioned person, entity, country or territory.

26. Force Majeure

Misterine shall not be liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, strikes, internet outages, power failures, cyberattacks, governmental actions, pandemics or failures of third-party providers.

27. Assignment

The Customer may not assign or transfer the Agreement or any rights or obligations under it without Misterine’s prior written consent.

Misterine may assign or transfer the Agreement in connection with a merger, acquisition, corporate restructuring, sale of assets or transfer of business.

28. Governing Law and Jurisdiction

These Terms and any contractual relationship between Misterine and the Customer shall be governed by the laws of the Czech Republic, excluding its conflict of law rules.

Unless mandatory law provides otherwise, any disputes arising out of or in connection with these Terms shall be resolved by the competent courts of the Czech Republic.

29. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original commercial and legal purpose.

30. Entire Agreement

These Terms, together with any applicable order, invoice, quotation, license agreement, service agreement or other document referring to these Terms, constitute the entire agreement between Misterine and the Customer regarding the subject matter of the Agreement.

31. Contact

If you have any questions about these Terms and Conditions, please contact us:

Misterine s.r.o.
Email: info@misterine.com
Address: Karolinská 661/4, Karlín, 186 00 Praha