Terms and Conditions
Terms and Conditions
These Terms and Conditions („Terms“, „Terms and Conditions“) govern your relationship with Mitipi Website (the “Site”), Mitipi Mobile Applications, Mitipi Hardware Devices (the “Product”), and any other Mitipi branded offering (all together, the “Service”) operated by Mitipi AG („Mitipi“, „us“, „we“, or “our“). Users of the Services offered by Mitipi acknowledge and accept these terms and conditions.
Owner of Mitipi and related Services
Annexe 2, Passage du Cardinal 1, 1700 Fribourg, Switzerland
Information about Mitipi
The Service provided by the Owner allows the User to run a series of technological tools and receive assistance regarding improving safety and safety perception.
Use of the online Services offered on the Mitipi app
Users are solely responsible for the use of online services offered on the Mitipi app, the use of which is done at their own risk and falls entirely under their responsibility.
The Owner is merely a technical provider of the Services and may not in any way be held responsible for such use that the User makes of the same, nor shall the Owner be responsible for the User’s achieving its purposes of use of the Service.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through the Mitipi app, that they upload and post on or through the Mitipi app, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
Rights over content provided by Users
By posting Content to the Service, you grant us at no costs the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Service you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on the Mitipi app. The Owner is not responsible for the content provided by third parties or for its availability.
Services provided by third parties
Users may use third-party services or content included in the Mitipi app, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User’s access credentials.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of the Mitipi app or by directly contacting the Owner.
The Owner, without limitation of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.
Responsibilities and duties of the User
The User has the obligation to verify the realistic of the simulation activities provided by The Service according to their preferences. The generated simulation activities may be hosted by Mitipi and integrated into a device by manufacturing or downloading features via the app. The provided Simulation Activities may only and exclusively be integrated by manufacturing or downloading features via the app. Any copy or distribution of the Simulation Activities is not allowed.
Use of the Mitipi App
Subject to your compliance with these Terms‚ we grant you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of the Mitipi App. This license grant does not include: (a) any resale or commercial use of the Mitipi app or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Mitipi app and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on the Mitipi app. You may not use‚ frame or utilize framing techniques to enclose any of our trademark‚ logo‚ content or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any page or form contained on a page) without our express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing our name‚ trademark‚ or product name without our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of Mitipi and the Mitipi app so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
When you use the Mitipi app, the Mitpi website or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on the Mitipi app or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Any order placed is an offer to purchase the Service. Orders are subject to availability and are accepted at the discretion of the Owner. Users must select the desired Service, choosing the type and duration that best suit them, and check-out only after having carefully verified the information contained in the Order Summary Form of the Order. The Order is placed on confirmation of the Order and is subject to payment of the amount charged in the Order Summary.
The Order Processing Receipt does not constitute acceptance of the Order. The contract shall be concluded at the time of the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, should one or more of the Services purchased be unavailable. In this case, the Owner will notify the User about the unavailability of the Services purchased within 10 working days from order – to the email address associated with the purchase – and will offer a refund of any amounts paid by the User or indicate when the services will be available.
To place an order, Users must register on the Mitipi website providing the requested data. The indicated prices include taxes, fees and charges of the law applicable. The Owner reserves the right to charge for shipping/transportation, offer discounts and various promotions throughout the year. For more details on current promotions, the User is asked to contact the Owner via the contact information contained herein.
Availability, Errors and Inaccuracies
We are constantly updating our Product. The Products available may be incorrectly priced, described inaccurately, or unavailable, and we may experience delays in updating information on the Product and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability relating to the Product. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Provision of Services
You agree and acknowledge that Mitipi AG is entitled to modify, change, adapt, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Mitipi AG is entitled to provide services to you through subsidiaries or affiliated entities.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, „Promotions“) made available through the Product may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
The Product shall remain the property of Mitipi during the rental period and the User shall not sell, exchange, pledge or part possession with the equipment. The User should not service or repair the equipment nor deface or remove any identification with the equipment. The User shall notify Mitipi immediately of any loss or damage to the equipment.
The minimum rental period is two years. It commences at the moment of payment of the price and confirmed in the Order Confirmation email sent by Mitipi.
If the User wants to finish the rental period after two years, he shall send back the Product to Mitipi or ask Mitipi for how much he could keep it. If the Product cannot be returned in rentable condition because of damage or theft, the rental period will finish on the date the equipment is replaced by the User or an invoice for replacement is paid.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each payment cycle to maintain the benefits provided by the paid services.
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time after the first two years of subscription by changing their preferences for the payment method used. If the User cancels an automatic renewal, then Mitipi may be forced to cancel their subscription when it runs out.
Mitipi warrants that the Product functions in accordance with the specifications. Mitipi shall, at its own expense, repair or replace faulty equipment at the earliest possible time. Work carried for causes other than hardware failure will be charged to the User.
Automatic update of subscription plans
Some subscription plans available on Mitipi may be automatically updated in the event that the defined use thresholds as set forth in the User’s current plan are exceeded. In these cases, the subscription plan will be automatically updated to the level that fits the User’s needs in order to ensure the continuity of the provision of the Service.
The methods of payment used correspond to the payment method the User has chosen for subscribing to the original plan. The User is obliged to check that these payment methods are valid in order to allow the automatic update of the subscription plan to function properly. If the payment methods chosen by the User result unfit or unsuitable for use, the Owner may be forced to suspend the provision of the Service.
The User is free to turn off this automatic upgrade feature through the Service interface or by contacting the Owner. In this case, however, if the User exceeds the maximum use thresholds as set forth in the chosen subscription plan and fails to independently perform the update to the respective necessary plan, the Owner might be forced to suspend the provision of the Service.
In any case, the Owner will attempt to do its best to alert the User via email upon approaching the maximum use thresholds and, therefore, about the need to update the current subscription plan.
Disabling the service, withdrawal and refund
Users may discontinue the Service at any time using the tools provided in the interface of Mitipi or by contacting the Owner directly.
When disabled, Users are not allowed to claim for payments already made even if these relate to unused portions of the Service purchased.
When the User disables the Service before the second anniversary of the activation of the Service, the User agrees to pay the remaining price communicated by the Owner.
The Owner reserves the right, however, in its sole discretion and without involving charges or obligation to Users generally, to grant reimbursement in very exceptional cases after evaluating the specific circumstances of the case.
In accordance with the right of withdrawal, the User may, within 14 days from the date of activation or payment of the Service, make a refund request, by sending notice to the Owner via the contact information provided in this document and including any information necessary to identify the purchase to which the claim relates.
Refunds will be made within 14 days after receipt of the request using the same payment method involved during the original purchase.
For more information or for assistance regarding a refund request, the User is asked to contact the Owner via the contact information provided on Mitipi.
Methods of payment
Mitipi uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
If the owner of any of such third-party tools refuses to authorize a payment, the Owner cannot provide the Service and will therefore not be liable for any delay or failure to deliver.
Changing the payment plan
Users are free to change the chosen payment plan at any time.
In case the User modifies their current payment plan, the portion of the previous plan that has not yet been used shall be converted into a bonus which can be applied to the plan the User is switching to, on a pro-rata basis and in the form of a free period.
If a currency conversion is required, the exchange rate criteria set forth in the specific paragraph of the present document shall apply.
The exchange rate is the one established by the payment processor. In lack of such a rate, Mitipi will use the rate established by the European Central Bank at the moment of the relevant transaction.
USE THE PRODUCT ONLY AS INSTRUCTED. The Product may include materials known to be harmful if tampered with, handled incorrectly or used by individuals with certain health conditions. Persons with pacemakers are advised NOT to use the Product as magnets within the Product may interfere with such health equipment. Users may NOT dismantle the Product due to the existence of electrical components. The Product contains an AC to DC power supply. Due to the danger of high-voltage, only use the power supply as directed. The Product is only certified to be used with the power supply provided in the box. Improper use of the Product and any of its components can result in serious injury or loss of life. The Product has been certified to meet the specification of governing boards for EMC and Radiated Emissions in regions where the Product is sold. However, we cannot guarantee that the Product will protect against interference of other RF devices in all circumstances. The Product may work in a limited fashion if certain environmental conditions are met. Mitipi AG is not responsible for limited product performance if such conditions occur. Conditions could include but are not limited to direct sunlight shining on the Product, excessive heat or cold outside the operating limits advised by Mitipi AG, excessive moisture, and other conditions. The Product should be kept at a distance from the body and should only be used on a stable surface. Mitipi AG is not responsible for any injury or loss that may occur from long term exposure to eyes and ears.
Wear and Tear
Mitipi AG cannot guarantee the upkeep of the fit and finish of the Product. Mitipi AG is therefore not liable for scratches and damages caused by the use of the Product including but not limited to drops, liquid spills, scratches, cracks, paint peels, loose mechanical components and contact with other materials including cleaning materials. Over time the Product could wear down overuse including but not limited to dead pixels, worn out tact switches & buttons, pins and pads for charging.
Mitipi AG cannot cover wear and tear beyond what is expressly covered in The Product Warranty. Read the Warranty carefully to understand what is covered.
Disclaimer of Warranties
Your use of the Product is at your sole risk. The Product is provided on an „AS IS“ and „AS AVAILABLE“ basis. Mitipi AG does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Mitipi AG website, information, content, materials, or Products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to, or use of, the service will be uninterrupted or error-free or that defects in the service will be corrected.
Mitipi AG, its subsidiaries, affiliates, and its licensors do not warrant that a) the Product will function uninterrupted, be secure or be available at any particular time or location; b) any errors or defects will be corrected; c) the Product is free of viruses or other harmful components; or d) the results of using the Product will meet your requirements.
When you use our Service, information will be collected related to how / when / where the Service is used and what other products, services, offerings are used with the Service. Moreover, the Service may collect information on the habits of the user on a daily basis including time when the user is at home, away, in certain locations around the home, partaking in certain activities as able to be determined by the Service or third-party products that communicate with the Service. The extent of the information collected is not limited to the aforementioned. By using the Service you acknowledge that any input, use, behavior, activity, function stated or otherwise may be collected. Such information will be used to understand how our Service is used. We may use this information to improve the performance, features, and capabilities of our Service. We reserve the right to share this information with our development, technology and strategic partners to improve the development of any product, service or offering that can be connected to our “Service” implicitly or explicitly. Finally, we reserve the right to sell said information or aggregated data to relevant parties at our discretion.
The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Users to withdraw their information held by the Owner.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Mitipi and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The Service shall be used only in accordance with these Terms.
Users may not:
reverse engineer, decompile, disassemble, modify or create derivative works based on Mitipi or any portion of it;
circumvent any technology used by Mitipi or its licensors to protect content accessible via it;
copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Mitipi;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Mitipi or its content;
rent, lease or sublicense Mitipi, the Mitipi app and its Products;
defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
the User may not copy-paste or integrate any of the Templates deviating from the instructions given by the Owner about how to incorporate the Templates themselves (eg. using tools or scripts other than those listed, etc.);
use Mitipi in any other improper way that violates these Terms.
Intellectual property rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Mitipi, the Mitipi app and its Products are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Mitipi AG and its licensors. Content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 16 use Mitipi, the Mitipi app and its Products.
Limitations of liability
Mitipi and all functions accessible through Mitipi, the Mitipi app and its Products are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User’s specific goals. Mitipi and functions accessible through Mitipi are used by the Users at their own risk and under their own responsibility.
The Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Mitipi. Therefore, the Owner shall not be liable for:
Any losses that are a not direct consequence of the breach of the Agreement by the Owner;
Any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, loss of profits, revenue, income, anticipated savings, data, use, loss of contracts or business relationships, loss of reputation or goodwill, or other intangible losses etc.);
Damages or losses resulting from interruptions or malfunctions of Mitipi due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third party services or applications;
Incorrect or unsuitable use of Mitipi, the Mitipi app and its Products by Users or third parties.
Damage to any personal property including but not limited to third-party products controlled by the Service, any real property, injury, casualty, loss of life related to or resulting from your access to or use of the Service.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Mitipi AG‘s total liabiltiy to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of hundred dollars ($100.00).
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Mitipi.
Users who continue to use Mitipi after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Mitipi must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Online dispute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner.
The Owner is available for any questions via the email address posted under the Owner’s information in this document.
Terms and Conditions (or Terms)
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Order Processing Receipt
Indicates the email that the Owner sends upon receipt of the order.
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
Example withdrawal form
Addressed to the Owner [using their complete contact info]: I/We (*) hereby give notice that I/we (*) cancel my/our (*) contract of the sale of the following goods (*)/for the provision of the following service (*), Ordered on (*)/received on (*), Name of consumer(s), Address of consumer(s), Date
The services offered by the Owner to the User via www.mitipi.com, Mitipi Website, Mitipi Mobile Applications, Mitipi Hardware Devices and any other Mitipi branded offering.
The services offered by the Owner to the User via www.mitipi.com, via the Mitipi Mobile Application and any other Mitipi Websites.
The products offered by the Owner to the User via Mitipi Kevin, Mitipi Hardware Devices and any other Mitipi branded hardwares.
The natural or legal person who, as part of managing a website, makes use of the Products or Services provided by Mitipi.
Latest update: August 17, 2020