These terms of service ("Agreement") govern your access to and use of the services, softwares and websites (collectively, the "Services") offered by Mixero OÜ ("Mixero," "we," or "us"). For clarity, the term "Services" encompasses the online automated mixing and mastering service and the automated mixing and mastering software.

Our Privacy Policy sets forth the manner in which we collect, use, and protect your personal information.

By accessing or using our Services, you acknowledge and agree to be bound by the terms and conditions set forth in this Agreement, and you agree to review and comply with our Privacy Policy. If you are using the Services on behalf of an organization, you hereby represent and warrant that you are authorized to accept the terms of this Agreement on behalf of that organization and agree that the organization will be bound by these terms.

By accessing or using the Services, you acknowledge and agree to be bound by all terms and conditions set forth in this Agreement. If, at any point, you do not agree, or are unable to comply with the terms of this Agreement, you must immediately cease all use and access to the Services.

1. Account registration and use
   
   In order to access and use the Services, you must complete the registration process by providing certain required information, including but not limited to a username, password, and a valid email address (“Registration Data”) for the purpose of establishing a Mixero’s account (“Account”). You agree to provide accurate, complete, and up-to-date Registration Data at the time of registration, and to promptly update such information as necessary to ensure its continued accuracy and completeness. The Registration Data will apply to all Services and will serve as your credentials for accessing the Services. Mixero reserves the right to terminate your Account and revoke any or all rights to the Services if any information provided is found to be inaccurate, false, or incomplete, or if Mixero, at its sole discretion, suspects any fraudulent or illegal activity, including but not limited to identity theft, use of stolen credit cards, or artificial transactions intended to manipulate sales data, in connection with your Account.
   
   Regarding closed beta testing environments, Mixero may send to you, via email, the credential to log in with a beta testing Account. By registering, you acknowledge and agree that Mixero may use your email and other Registration Data to create a beta testing Account for you.

By registering, you acknowledge and agree that Mixero may store and utilize the Registration Data for purposes of maintaining and administering your Account.

You are solely responsible for maintaining the confidentiality and security of your Account, including your password and all related credentials. You agree to promptly notify Mixero of any unauthorized access to or use of your password and/or Account. Mixero shall not be liable for any losses or damages resulting from unauthorized use of your Registration Data or Account, and you agree to indemnify and hold harmless Mixero, along with its affiliates, subsidiaries, agents, partners, and licensors, as applicable, from any claims or liabilities arising out of any improper, unauthorized, or illegal use of your Account.

By establishing an Account, you consent to Mixero contacting you via the email address and any social media accounts (such as Facebook, Twitter, Instagram, etc.) you have provided. You may update and manage your email preferences of your Account. You acknowledge and agree that all agreements, notices, disclosures, and other communications provided to you electronically by Mixero will satisfy any legal requirement that such communications be in writing. You are required to maintain an active and functional email account at all times in order to receive important communications from Mixero, and it is your responsibility to ensure that your email account is capable of receiving such communications. You must also ensure that the email address you have on file with Mixero is current and up-to-date. Mixero's email address for communication purposes is provided at the end of this Agreement. Any email sent to Mixero will be deemed received on the date it is sent. If you choose to communicate with us via mail or post, correspondence must be sent via overnight courier to the address provided at the end of this Agreement. Any such communication sent by overnight courier will be deemed received at 10:00 am on the first business day following its delivery to the courier.

Please ensure the security of your password for the Services and take precautions to prevent unauthorized access. You are solely responsible for managing your Account and for maintaining the confidentiality of your password. If you forget your password, please click on the "Forgot Password?" link beneath the login screen and follow the provided instructions. You are also responsible for restricting access to your Account. By using the Services, you agree that you are responsible for all activities conducted under your Account and through the use of your password, whether by you or by others. If you suspect that a third party has obtained or guessed your password, you must utilize the password regeneration feature of the Services immediately to create a new password.

1. Use of Accounts
   
   Accounts are strictly assigned to individual users. Each user accessing the Services must possess their own Account and is responsible for paying any applicable fees. Accounts are non-transferable and cannot be shared, even among employees or collaborators of an organization that is paying for the Services. Each employee is required to have a dedicated Account for their individual use.
   
   
   

2. Your assets and permissions
   
   By using the Services, you acknowledge that Mixero may collect information related to your purchasing behavior. Additionally, if you send personal correspondence to Mixero, including but not limited to emails or letters, we may retain such correspondence and incorporate it into a file specific to you.
   
   When you use our Services, you provide us with certain materials, including but not limited to your files, content, configuration settings, metadata, and other related information ("Assets"). You retain full ownership of your Assets. Nothing in this Agreement grants Mixero any rights to your Assets, except for the limited rights necessary to provide and deliver the Services to you.
   
   In order to provide the Services, we require your permission to perform actions such as hosting, storing, and backing up your Assets. Our Services also offer various functionalities, including but not limited to song previews and processing, which may necessitate our systems accessing, storing, scanning, and editing/processing your Assets. Additionally, we may use your Assets and your Personal Information (as defined in our Privacy Policy) for purposes such as conducting investigations, research, testing functionalities during development, analyzing data to improve our Services, implementing new services and features, performing audits, troubleshooting, and for promotional purposes. By using our Services, you grant us the necessary permissions to perform these activities, and this authorization extends to trusted third-party partners with whom we collaborate.
   
   
   

   1. Assets
      
      For clarity, and for the purposes of this Agreement, the term “Assets” also refers to any musical sound. This includes, unless explicitly stated otherwise herein, any music, lyrics, and instrumental and/or vocal performances contained therein, including any samples.
      
      
      

   2. Grant of rights
      
      You are not assigning or transferring any copyright or ownership rights pertaining to your Assets to us. Instead, you are granting us the non-exclusive rights and licenses as outlined in this Agreement.
      
      
      

   3. Your responsibilities
      
      You are solely responsible for your conduct and your Assets. Do not copy, upload, download, or share Assets unless you possess the necessary rights to do so. While we reserve the right to review your conduct and Assets for compliance with the terms of this Agreement, we are under no obligation to undertake such reviews. Furthermore, we disclaim any responsibility for the Assets uploaded by the users of the Services.
      
      
      

3. Pricing and subscriptions
   
   Your Account is by default a free account (Free Account). You have the option to enhance your Account privileges by paying a subscription fee, thereby converting your Account to a paid account (Paid Account). For comprehensive information regarding our type of Accounts, offerings, subscription plans, and further details related to upgrades, downgrades, billing, refunds, and modifications to subscriptions, please refer to Mixero's website. Please note that both free and paying users must possess a valid Account in order to access our Services. Generally, all billings for our Services are considered final
   
   
   

   1. Paid Accounts
      
      Mixero provides you with the opportunity to enhance your Account privileges for a fee. Upon opting to do so, your Account will be upgraded to a Paid Account.
      
      Mixero uses Stripe as a payment service provider. Mixero will automatically charge your credit card on a monthly or yearly basis, depending on the subscription plan you select. In the event that any fee is not paid promptly or if Stripe is unable to process your transaction, Mixero reserves the right to convert your Paid Account to a Free Account, which will be subject to the restrictions outlined below.
      
      
      

   2. Billing subscriptions
      
      The fees for your subscription will be billed from the date you elect to upgrade to a Paid Account and will continue to be billed on each subsequent monthly or yearly renewal thereafter, unless you cancel your subscription plan. You can view the commencement date for your next renewal period in your subscription page through Stripe. Mixero will automatically charge your credit card each month or year on the calendar day corresponding to the start date of your subscription. In instances where your subscription commences on a day that does not exist in a subsequent month or year, Mixero will charge your credit card on the last day of that month or year. You acknowledge that the amount billed each month or year may vary due to factors including, but not limited to, promotional offers, changes to your Account, or fluctuations in applicable sales tax, and you hereby authorize Mixero to charge your credit card for such varying amounts. Mixero may also periodically authorize your credit card in anticipation of account-related charges. All charges are non-refundable, and no refunds or credits will be provided for partially used periods.
      
      If you choose to upgrade your Paid Account, the commencement date for your next renewal period will be reset, and you will be billed for the first month or year of the upgraded service level on a pro-rata basis.
      
      Mixero reserves the right to modify the applicable charges or introduce new fees from time to time; however, we will provide you with advance notice of such changes via email. If you wish to use a different credit card or if there are changes to the validity or expiration date of your current credit card, you may update your information with Stripe. Should your credit card expire, your continued use of Mixero’s Services will constitute your authorization for us to continue billing that credit card, and you will remain responsible for any amounts that are not collected. It is your responsibility to ensure that your contact information and payment details are current and accurately updated.
      
      
      

   3. Canceling subscriptions
      
      Your subscription will remain in effect until you cancel it or until Mixero terminates it. To avoid being charged for the subsequent month’s or year’s fees, you must cancel your subscription prior to its renewal date. Mixero will charge the monthly or yearly fees associated with your Paid Account, along with any applicable taxes, to the credit card you provided during registration, or to a different credit card if you update your account information.
      
      Subscriptions are prepaid and non-refundable. Mixero does not offer refunds or credits for any partial months or years. You may cancel your subscription at any time, and such cancellation will be effective immediately. To cancel your subscription, you may do so in your subscription page through Stripe. Please be advised that if you choose to cancel your subscription, you will not receive a refund for the most recent or any previously charged monthly fees.
      
      
      

   4. Free Accounts
      
      Mixero permits you to utilize certain aspects of the Services free of charge, subject to specific restrictions. Mixero reserves the right to terminate Free Accounts at any time, with or without prior notice. Without limiting the generality of the foregoing, if a Free Account remains inactive for ninety (90) days, Mixero may delete some or all of your Assets without further notice.
      
      
      

   5. Credit card use and updates
      
      Mixero will charge all applicable fees to the credit card associated with your Account. You are responsible for providing Stripe with accurate and valid credit card information. You may modify this information at any time in your subscription page through Stripe. It is your obligation to update your credit card information if there are any changes.
      
      Mixero accepts no liability for any transactions that cannot be completed by our payment service provider, whether due to insufficient funds on your credit card or for any other reason. In such cases, you will receive an error message from Mixero or Stripe, and the transaction will be denied. Furthermore, Mixero reserves the right to convert your Paid Account to a Free Account and contact you to provide valid alternative credit card information. Such conversion does not relieve you of your obligation to pay any fees owed to Mixero.
      
      
      

   6. General financial terms
      
      Unless expressly stated otherwise, all references to currency and amounts specified in this Agreement and the Services shall be in euros and are exclusive of any applicable taxes.
      
      If you pay any fees through the Services using a credit card, you represent that you are authorized to use the credit card and that the financial information you have provided is true and accurate. Additionally, you expressly instruct and authorize us to charge your credit card for transactions carried out indirectly through your use of the Services.
      
      
      

4. Copyright and intellectual property
   
   This section outlines how Mixero safeguards copyrights, ensures compliance with copyright laws, and responds to takedown notices. It also provides information on how to submit takedown notices.
   
   You are prohibited from uploading or otherwise utilizing any Assets on our Services, including but not limited to audio files, samples, or recordings, for which you do not hold all necessary intellectual property rights, unless you have obtained the express written consent of all parties who own the relevant intellectual property rights. Should you fail to adhere to this requirement, you assume all risks and liabilities arising from such actions, and we reserve the right to remove any violating Assets from our Services. Furthermore, you agree to indemnify and hold Mixero harmless from any reasonable costs, expenses, losses, liabilities, and damages (including, without limitation, court costs and attorney fees on a substantial indemnity basis) arising out of or related to any claim resulting from your upload or use of intellectual property that you do not own or properly control. Without limiting our other rights and remedies, we may also suspend or terminate your Account.
   
   We respond to notices of alleged copyright infringement that comply with applicable law. Such notices should be submitted to us via email at support@mixero.ai. We reserve the right to remove any Assets that are claimed to be infringing and to terminate the Accounts of repeat offenders.
   
   If you have any questions regarding this Copyright Policy, you may contact us at support@mixero.ai.
   
   
   

   1. Understanding copyrights
      
      For clarity, the term “Copyrights” refers to a form of legal protection afforded to content creators. This protection covers the expression of an idea rather than the idea itself. While the scope of copyright protection may vary between jurisdictions, it typically encompasses blogs, emails, letters, training materials, sound recordings, audiovisual works, and computer softwares.
      
      
      

   2. Mixero's copyright information
      
      No part of this website or any Services may be reproduced, copied, modified, or adapted without the prior written consent of Mixero. Commercial use and distribution of the contents of the website and Services are not allowed without express and prior written consent of Mixero.
      You may share this website using any of the following methods:

1. Utilizing any of the share icons available on the Mixero.ai website;
   
   
   

2. Providing a back-link or the URL of the content you wish to disseminate; or
   
   
   

3. Quoting extracts from the website with proper attribution to Mixero.ai.
   
   
   

4. For any other methods of sharing, please contact us at support@mixero.ai.
   
   
   

3. Your obligations
   
   When utilizing the Services, you comply with the following rules regarding copyrights:
   
   
   

   1. You are permitted to use the website's content, information, audio, materials, media, and sounds (collectively referred to as “Mixero's Content”) solely in accordance with the licenses granted in this Agreement.
      
      
      

   2. The Mixero's Content available on our website is protected by copyright, and you may not utilize it without our express authorization. Specifically, you may not redistribute Mixero's Content without modification.
      
      
      

   3. You are also prohibited from copying, infringing upon, or misappropriating the copyrights of others, including by uploading Assets for which you do not hold the rights or by using another individual's likeness or image. You should only upload Assets that you have created or for which you possess the appropriate rights. This means that you must not upload Assets owned by third parties, including music tracks and recordings.
      
      
      

   4. Your use of the Services does not grant you any rights to assert or imply that you are connected with, sponsored by, endorsed by, or have received official status from Mixero or any other artists in relation to your use of Mixero’s Content.
      
      
      

4. Notices of infringement
   
   If you have reason to believe that Mixero's Content, any user Assets, or any material accessible through our Services has been copied and is available on the Services in a manner that constitutes copyright infringement, or if the Services contain links or references to another site, application, destination, or service that includes content or activities that infringe upon your copyright rights, you may notify us by providing the following information via email at support@mixero.ai:
   
   
   

   1. A description of the copyrighted Assets that you claim has been infringed, or a representative list of the copyrighted works that you assert have been infringed.
      
      
      

   2. Identification of the Assets or link you allege is infringing (or the subject of the infringing activity) and which you request be disabled, including, at a minimum, the URL of the link as it appears within the Services or the exact location where such Assets can be found, if applicable.
      
      
      

   3. Your company affiliation (if applicable), mailing address, telephone number, and, if available, any necessary email address.
      
      
      

   4. The word "Copyright" must be included in the subject of the email.
      
      
      

Mixero is an Estonian company; we are subject to the EU copyright laws; we are not directly subject to the provisions of the Digital Millennium Copyright Act; however, we take notices of infringement seriously and will respond appropriately to any allegations of copyright infringement.

Responding to these claims and investigating potential breaches of copyright can be resource-intensive and may lead to significant disputes for individuals targeted by such claims. Misrepresentations made in a notice asserting that Assets or Mixero's Content violates the law may result in your exposure to liability for damages, including costs and attorney fees. You are responsible for evaluating any copyright defenses, limitations, or exceptions prior to submitting a claim to us or issuing a notice. If you are uncertain about the validity of your claim, we recommend that you first consult with an attorney. Additionally, please ensure that we have the capability to take appropriate action; if the content in question does not reside within our Services, we do not have control over it.

5. Responses to copyright infringement claims
   
   Upon receipt of a notice of copyright infringement, or if we discover that you have been involved in a copyright infringement or may have been involved, we will review the information available and take the action we deem appropriate under applicable laws, which may include the removal of any challenged Assets from our Services.
   
   During our investigation, we may suspend your access to the Services. You will be provided with a reasonable opportunity to offer explanations in response to such claims.
   
   You acknowledge that we may remove from the Services any of your Assets that we reasonably believe infringes upon the copyrights of another party. You agree to cooperate with us as necessary to resolve any such claims related to your Assets.
   
   
   

6. Your rights in the event of a notice of infringement
   
   If you believe that any of your Assets have been wrongfully removed in accordance with these policies, you have the right to submit a counter-notice to us via email at support@mixero.ai, which must include the following information for our review:
   
   
   

   1. Your physical or electronic signature, if required by us in accordance with applicable law.
      
      
      

   2. Identification of the Assets that were removed due to an error or misidentification.
      
      
      

   3. Your name, address, telephone number, and any necessary email address.
      
      
      

   4. The word "Copyright" must be included in the subject of the email.
      
      
      

We may share your counter-notice with the party that initially filed the infringement claim to inform them that we have decided against their claim based on your response. Unless the copyright owner subsequently files an action seeking a court order, we may elect to make you upload your Assets again or restore access within 30 days of receiving your notice. Please note that we will not represent you in any legal proceeding or in a court of law under any circumstances.

You acknowledge that you may be required to provide proof of resolution before we resume the Services or reactivate your Account.

7. Repeat infringement
   
   Mixero reserves the right to permanently suspend your access to the Services if we determine that you are a repeat infringer of our copyrights or the copyrights of others. A repeat infringer is defined at our sole discretion and includes, at a minimum, users who have received more than one claim of infringement.
   
   
   

5. Brief description of the Services
   
   You can access Mixero’s Services through the site https://mixero.ai/. Once you login into your Account, you can move between the various tabs and pages to choose subscription plans, Account settings, projects, or start a new project. When you start a new project you may name it and upload tracks to mix and master; you may then go through the various steps of mixing and mastering and at the end you may download the mixed and mastered song. There are various features depending on the Account active subscription plan which can always be seen in detail in the subscription page and tab.
   
   
   

6. Acceptable use of the Services
   
   By using our Services, you agree not to misuse the Services. For example, you are expressly prohibited from engaging in any of the following activities:

1. Probing, scanning, or testing the vulnerability of any system or network of the Services without proper authorization;

2. Breaching or circumventing any security or authentication protocols of the Services;

3. Accessing, tampering with, or utilizing non-public areas of the Services, or shared areas for which you have not received explicit authorization, including the computer systems of Mixero or its service providers;

4. Interfering with or disrupting the experience of any user, host, or network, for example, by sending viruses, overloading, flooding, spamming, mail-bombing any component of the Services;

5. Introducing malware in the Services or employing the Services to disseminate malicious softwares;

6. Accessing or searching the Services by any means other than the publicly supported interfaces, including but not limited to automated techniques such as “scraping”;

7. Sending unsolicited communications, promotional content, advertisements, or spam in or through the Services;

8. Uploading on the Services any Assets that is fraudulent, misleading, or infringes upon the intellectual property or rights of others;

9. Submitting on the Services any Assets that are unlawfully pornographic, indecent, or that incite bigotry, religious intolerance, racial discrimination, or ethnic hatred;

10. Engaging in any conduct that violates applicable laws, infringes upon the privacy rights of individuals, or constitutes defamation;

11. Impersonating or misrepresenting your association with any person or entity;

12. Attempting to decipher, decompile, disassemble, or reverse-engineer any software of Mixero or utilized by Mixero to provide the Services;

13. Causing harm or threatening to harm other users in any manner, or interfering with, or attempting to interfere with, the access of any user, host, or network, including without limitation, by distribution of viruses, overloading, flooding, spamming, or mail-bombing the Services;

14. Providing payment information that belongs to another party without authorization;

15. Using the Services in a manner that is abusive, inconsistent with their intended use, contrary to the accompanying documentation, or against the reasonable instructions of Mixero.
    
    
    

If you provide or share any Assets through the Services for which you do not hold the copyright or lack the necessary license to do so, Mixero reserves the right to remove such Assets without prior notice.

16. Claims of infringement and take-down notices
    
    If we receive a notice alleging that your Assets, Registration Data or Personal Information you have provided to us infringe upon the rights of third parties (including, but not limited to, copyrights, trademarks, rights of publicity, or other intellectual property rights), or that you have failed to comply with your obligations under this Agreement, including any license or agreement related to your Assets, we will notify you. At our sole discretion, we may remove your Assets or suspend your Account until you provide us with sufficient proof, to our satisfaction, that the issue has been fully resolved. In the event we must retain legal counsel to review your submitted proof of resolution, you agree to bear responsibility for all associated legal fees and to provide advance payment for such costs.
    
    
    

17. Fraudulent, infringing, or illegal activities
    
    If we have reason to believe, at our sole discretion, that you may be using our Services for fraudulent, infringing, or other unlawful activities, we reserve the right to remove your Assets and suspend your Account. This suspension will remain in effect until we are satisfied that no fraudulent, infringing, or illegal activities are being conducted through your use of the Services.
    
    
    

7. Warranties, representations, and indemnities
   
   If you use our Services, you warrant and represent that:
   
   
   

   1. You are at least sixteen (16) years of age and have the legal capacity to enter into and form binding contracts under applicable law. If you are under the prescribed legal age in your country of residence, you confirm that you have reviewed this Agreement with a parent or guardian to ensure that you fully understand its terms and are legally capable of agreeing to be bound by them. By accepting this Agreement, you confirm that you are legally able to bind yourself to its terms. You further represent that you have the right and authority to enter into this Agreement and to grant us all the rights specified herein. Additionally, you confirm that your Registration Data, Assets and Data you provide to us, such as names, artwork, images, and other Metadata, comply with all applicable laws and do not infringe upon the copyrights, trademarks, publicity, image rights, or any other intellectual property rights of any third party. Moreover, you agree to defend, indemnify, and hold Mixero, its licensees, officers, directors, affiliates, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising from or related to your access to or use of the Services, or any breach of this Agreement, including the representations and warranties stated herein.
      
      
      

8. End of the Services
   
   You are free to discontinue your use of our Services at any time. Similarly, we reserve the right to suspend or terminate the Services at our discretion and without prior notice. For instance, we may suspend or terminate your access if you fail to comply with the terms of this Agreement, use the Services in a way that may create legal liability for us, or cause disruption to the Services or the experience of other users.
   
   More specifically, we will cease providing our Services to you if:
   
   
   

   1. You are in breach of any terms of this Agreement;
      
      
      

   2. We believe, at our sole discretion, that you may use our Services for any illegal activities;
      
      
      

   3. We decide to discontinue any of the Services;
      
      
      

   4. Except for Paid Account, we reserve the right to terminate and delete your Account if you haven't accessed our Services for twenty-four (24) consecutive months. We will of course provide you with notice via the email address associated with your account before we do so.
      
      
      

9. Confidentiality
   
   You acknowledge that, in the course of using our Services, you may gain access to certain confidential information belonging to us. You agree to maintain the confidentiality of this information.
   
   
   

10. Disclaimer of warranty and limitation of liability
    
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Mixero MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE Services, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE Services WILL MEET YOUR SPECIFIC REQUIREMENTS OR FUNCTION IN COMBINATION WITH ANY HARDWARE, SOFTWARE, CONTENT, OR DATA PROVIDED BY THIRD PARTIES. Mixero DOES NOT GUARANTEE THAT THE Services WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM ISSUES, NOR THAT ALL ERRORS WILL BE CORRECTED. THE Services ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
    
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY PROVIDED HEREIN BY Mixero ARE EXCLUSIVE AND SUPERSEDE ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY FACT OR OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS, OR OTHERWISE. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.
    
    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Mixero, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND LICENSEES SHALL NOT BE LIABLE, WHETHER IN CONTRACT, DELICT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY (DIRECT OR INDIRECT) LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, UNAUTHORIZED ACCESS TO OR DISCLOSURE OF INFORMATION, WHETHER FORESEEABLE OR NOT, AND EVEN IF Mixero HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF Mixero IS FOUND LIABLE FOR ANY DAMAGES, ITS TOTAL CUMULATIVE LIABILITY UNDER THIS Agreement SHALL NOT EXCEED €100. THESE LIMITATIONS OF LIABILITY REMAIN IN EFFECT EVEN IF ANY REMEDY PROVIDED IN THIS Agreement FAILS OF ITS ESSENTIAL PURPOSE.
    
    
    

11. Modifications
    
    We reserve the right to update this Agreement periodically, including as necessary to comply with legal requirements, and the most current version will always be available on our website. If any revision significantly reduces your rights, we will notify you, for example, by sending a message to the email address associated with your Account or by posting a notice on our website. You agree to review the terms of this Agreement from time to time, and by continuing to use or access the Services after such revisions become effective, you agree to be bound by the updated terms. The date of the most recent update can be found at the bottom of this page.
    
    
    

12. Online materials
    
    The materials made available on our website are provided exclusively for your personal and non-commercial use. We do not control or endorse any content provided by third parties, and such third-party content is provided in good faith. We are not responsible for the accuracy of third-party content or for any consequences arising from its use. You assume full responsibility for your use of our website and the information it contains. Additionally, you may not modify, alter, or edit any content, including descriptions and pricing, provided on our website or in any online forms.
    
    
    

13. General provisions
    
    This Agreement shall be governed exclusively by, and construed in accordance with, the laws of the Italian Republic. The parties hereby irrevocably submit to the exclusive jurisdiction of the Tribunale di Verona as the court of first instance.
    
    This Agreement constitutes the entire and exclusive agreement between you and Mixero with respect to the Services, and it supersedes and replaces any prior agreements or understandings, whether written or oral, between you and Mixero regarding the Services.
    
    If we are hindered or delayed in performing our obligations under this Agreement due to circumstances beyond our reasonable control, we may suspend the Services or terminate the contract. Such circumstances include, but are not limited to, acts of God, government actions, war, national emergencies, riots, civil unrest, fire, explosions, floods, epidemics, pandemics, lock-outs, strikes, other labor disputes, or delays in obtaining supplies or materials. If these circumstances persist for more than seven (7) consecutive days, you may provide us with written notice to terminate the contract.
    
    Each of our rights or remedies under any contract operates without prejudice to any of our other rights and remedies, whether they arise under the contract or otherwise.
    
    No waiver by Mixero of any provision of this Agreement, or of any default under it, shall impair Mixero’s right to enforce such provisions at a later time or to exercise any right or remedy in the event of any other, whether similar or different, default.
    
    Nothing in this Agreement or in any contracts related to the Services shall be interpreted or construed to grant any rights or benefits to third parties.
    
    You may not assign or transfer this Agreement, or any of your rights or obligations under it, to any third party without the prior written consent of Mixero, which may be granted or withheld at Mixero’s sole discretion. Any assignment or delegation by you will not relieve or release you from your obligations under this Agreement. Subject to these terms, this Agreement will be binding upon and enforceable by the parties and their respective successors and assigns. Mixero may assign this Agreement to any third party without your consent. However, Mixero will only be released from its obligations to you under this Agreement if the assignee agrees in writing to assume and be bound by those obligations.
    
    Nothing in this Agreement shall be construed as creating a partnership, joint venture, or any other form of legal association between you and Mixero.
    
    If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction in a particular jurisdiction, that provision shall be deemed severed from this Agreement for that jurisdiction only and shall not affect the validity or enforceability of the remaining provisions or the Agreement as a whole in other jurisdictions.
    
    The parties have expressly agreed that this Agreement be drafted in English, and that any modifications or amendments to it shall also be made in this language.
    
    The paragraph headings in this Agreement are provided solely for the convenience of the parties and shall not affect the interpretation of this Agreement. The terms "this Agreement," "hereto," "hereunder," and similar expressions refer to this Agreement as a whole, not to any specific article, section, or other portion of it, and include any supplemental agreements. Unless the context requires otherwise, references to articles and sections within this Agreement pertain to the articles and sections of this Agreement.
    
    In this Agreement, words in the singular shall be deemed to include the plural, and words in the plural shall be deemed to include the singular, where the context allows.
    
    
    

14. Contact
    
    If you have any customer service inquiries, concerns, questions, or complaints regarding this Agreement, please contact Mixero at:
    
    Mixero OÜ (16839963)

Address: Harju maakond, Saue vald, Saue linn, Koore tn 3, 76505

E-mail address: support@mixero.ai

Last update: 14/03/2025