Find out when the MIVIA Terms and Conditions apply and what they cover.

1. SCOPE

These Terms and Conditions apply: i. to any order for, purchase of or other form of obtaining: – Products and Services directly via MIVIA; and – Apps via a Reseller; and ii. to your Account and the creation thereof; and iii. to the use and/or access of all Services, Apps and User Contributed Data; and iv. to uploading, using and/or accessing your User Data.

For the avoidance of doubt, these Terms and Conditions shall not apply to Products and Services granted access to via the MIVIA Developer Portal which is governed by the terms available at: https://developer.MIVIA.com/terms-and-conditions.

By (i) submitting any order for, purchase of or other form of obtaining of a Service, or App, and by (ii) using, and/or accessing any Platform, Service, or App and by (iii) creating an Account, you accept and are bound by these Terms and Conditions and any amendments and additions to it.

The list of definitions used in these Terms and Conditions can be found at the beginning of this document.

2. YOUR ORDER DIRECTLY VIA MIVIA

This section explains how to order a Service through MIVIA directly, what and how you pay for it and how it is delivered to you.

2.1 How to place an order MIVIA offers Services via MIVIA Websites, Platforms and Apps. These Services may contain or consist of MIVIA Content and Third-Party Material. When you would like to order, purchase or in any other form obtain a Service directly from MIVIA, you can place an order via a MIVIA Website or an App. Any order submitted is subject to acceptance by MIVIA. An agreement is concluded upon acceptance by MIVIA by way of an order confirmation. MIVIA reserves the right to reject any orders in full or in part or to apply a maximum order amount. When you download a MIVIA App via a Reseller, additional terms and conditions from the Reseller may apply. Please read them carefully before proceeding.

2.2 Price and payment Some Services are subject to payment. Prices indicated for Services on the MIVIA Websites and App are inclusive of VAT. Prices are subject to change at any time (and subject to clause "Termination and alteration" in the section "MIVIA's Rights" in the chapter "Your Usage" of these Terms and Conditions) but will not affect orders for Services made prior to the date of the change.

In Monthly Paid Subscriptions, price changes shall take effect at the start of the next subscription period after the date of the price change subject to giving you reasonable prior notice thereof (either via email, MIVIA Websites, Services, Apps or otherwise).

You hereby agree to the new price by continue using the Services or the App after the price effective date stated in the notice. Subject to section 5.3.2, if you do not agree with the price change, you have the right to reject the change by cancelling your subscription within four months of the date on which MIVIA informs you about the price modification.

Some Services or Apps are offered free of charge. MIVIA reserves the right to depart from or to cease offering such Services or Apps free of charge at any time. MIVIA will inform you if a Service or App is to be offered for a fee in the future. In such event, you may choose to either continue your use of the Services or App for such fee or to terminate your use of the Service.

All orders must be paid for through the payment service as made available by MIVIA. In order to submit orders and use such a payment service you must supply details of your preferred payment method and billing address (if applicable) and/or any other details necessary to complete the order.

If, for whichever reason, collection through such a payment service should fail, MIVIA will invoice you by post for the amount payable, which must be paid by cheque, postal order or credit card within 15 days from the date of invoice.

3. YOUR CANCELLATION RIGHTS OF ORDERS

As a consumer, you are entitled to cancel your purchase within a limited time after purchase. This section explains the conditions under which you can exercise your right of cancellation of orders for Services and Apps.

To exercise your cancellation right you must inform MIVIA about your decision by contacting MIVIA during the 14 days following delivery by email via info@getmivia.app to obtain an authorisation number for the reversal of your order.

For Services obtained via MIVIA you agree that the performance of Services by MIVIA will commence immediately - or at least as soon as possible - on MIVIA's acceptance of your order and that you relinquish your 14 day cancellation right upon performance.

For Apps, obtained via MIVIA or a Reseller you agree that the performance of the Apps obtained by you will commence immediately – or at least as soon as possible – after you have downloaded the App and that you relinquish your 14 day cancellation right upon performance.

4. YOUR ACCOUNT AND YOUR SUBSCRIPTIONS

You may be required to create a MIVIA Account to purchase a Service, to access or use a Service, App, and/or User Contributed Data, or for managing your User Data and/or User Contributed Data. Please consult this section to find out what your rights and obligations are with regard to your Account and your Subscription. It also tells you how you or MIVIA can terminate your Account or Subscription.

4.1 Your Account: registration and management You may be required to create an Account and subsequently to log into the relevant Platform in order to: i. order a Product or Service; ii. access or use a Service, App and/or User Contributed Data (either obtained directly via MIVIA or via a Reseller), and iii. be able to upload and/or download User Data and/or User Contributed Data. iv. manage your account and/or subscriptions.

Notwithstanding your right to use a pseudonym (“alias” or “nickname”) when creating an Account, you agree to provide correct information about yourself when registering. Please keep your Account information up to date to and promptly change your Account information in case any relevant changes occur.

Services, Apps, and User Contributed Data are intended solely for users who are sixteen (16) years of age or older. You represent and warrant that you are 16 or older. Do not create an Account as another individual, group or entity without such party's consent, or sell or transfer your profile or Account.

You are responsible and liable for any activity that occurs on or via your Account. You are responsible for your own username and activities related thereto. MIVIA is not responsible for any loss that results from the unauthorized use of your Account, with or without your knowledge.

You must notify MIVIA immediately in the event you become aware of any access to or usage of Services, Apps, User Data and/or User Contributed Data by third parties under your Account that you did not authorize or any other possible breach in security.

4.2 Subscriptions, renewals and Free Trials

A Service may be offered on a single basis or on a subscription basis. When you have a paid subscription, the Service will be provided to you either in a monthly or a fixed basis. Monthly Paid Subscriptions will be entered into for an indefinite period of time, and you will be automatically charged to your preferred payment method at the start of each subscription period for the fees and taxes applicable, unless you cancel the monthly subscription BEFORE the subscription period is renewed. Subscriptions will be entered into for an indefinite period of time, unless MIVIA and you have agreed on a fixed period of time.

MIVIA may also offer you a trial subscription for a paid monthly or fixed subscription, without payment or at a reduced rate (a “Trial Subscription") from time to time and at MIVIA’s sole discretion. MIVIA has the right to determine the eligibility and revoke or modify the Trial Subscription terms and conditions at any time without prior notice and without liability to You or third parties, to the extent permitted by the applicable law.

If you want to make use of the Trial Subscription, MIVIA will require you to provide your preferred payment method. By providing such details, you agree that MIVIA may automatically charge you for the paid subscription (either on a recurring monthly or fix basis) on the first day after the end of the trial subscription. You will be informed in advance about the applicable payment, billing cycle and any other relevant detail for such paid subscription. IF YOU DO NOT WANT TO PAY FOR THE SUBSCRIPTION ONCE THE TRIAL PERIOD HAS ENDED, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL SUBSCRIPTION

4.3 Termination of your Account and/or your subscriptions

You may terminate a Monthly Paid Subscription without giving any reason, at any moment BEFORE the beginning of each subscription period or the end of the Trial Subscription period, or within four months from the date on which MIVIA informs you about the price change in accordance with Section 2.2. MIVIA may also terminate your Account and/or subscription for neutral reasons (and notwithstanding its termination rights under chapter “Termination and Restrictions in case of Breach by You” of these Terms and Conditions). MIVIA shall always try to inform you as much as possible of any imminent termination, but - in any case - will notify you at least thirty (30) days before the actual termination of your Account.

In case you wish to terminate your subscriptions obtained via MIVIA, you must do so by contacting MIVIA at info@getmivia.app. You can cancel at any time by observing a 30 days’ notice period. After termination of your Account, you will not have access to any data including your User Data. It is your own responsibility to remove any User Data that you wish to keep before the termination is complete.

If your subscription is for a fixed period of time, upon the expiration of such period, your Subscription will be automatically renewed for an indefinite period, unless You cancel it BEFORE the renewal date. MIVIA WILL INFORM YOU IN ADVANCE ABOUT THE EXPIRATION DATE OF YOUR CURRENT SUBSCRIPTION AND THE PAYMENT, BILLING CYLCE AND RELEVANT TERMS FOR THE RENEWAL PERIOD. During the renewal period, you agree that MIVIA may use your current preferred payment method for subsequent payment. RENEWED SUBSCRIPTIONS CAN BE CANCELLED AT ANY TIME BY GIVING MIVIA 30 DAYS PRIOR NOTICE as per the section above.

MIVIA may also terminate your Account and/or subscription for neutral reasons (and notwithstanding its termination rights under chapter “Termination and Restrictions in case of Breach by You” of these Terms and Conditions). MIVIA shall always try to inform you as much as possible of any imminent termination, but - in any case - will notify you at least thirty (30) days before the actual termination of your Account.

In the event of termination of your Account and/or subscription, you must destroy all copies of the MIVIA Content and all of its component parts.

After termination of your Account, you will not have access to any data including your User Data. It is your own responsibility to remove any User Data that you wish to keep before the termination is complete.

5. YOUR USAGE

The license under which MIVIA gives you permission to access and use MIVIA Services and Apps is governed by certain rules of use. You may consult this section to find out what your usage rights and responsibilities are when it comes to User Data and User Contributed Data, as well as what MIVIA's rights and obligations are for the same content.

5.1 Your usage rights

5.1.1 Services and Apps MIVIA grants you permission to access and use the Services and Apps obtained directly via MIVIA or via a Reseller in accordance with these Terms and Conditions. In case a Service and/or App should be purchased, the permission to access and use this paid Service and/or App will be granted to you after the purchase has been completed.

5.1.2 MIVIA Content Services and Apps will contain MIVIA Content. You are granted a licence to use the MIVIA Content provided to you as part of and/or via your Service or App, on the terms set out in this clause.

This licence is non-exclusive and non-transferable. This licence does not include any right to obtain future upgrades, updates, supplements, or any support or technical assistance relating to the Service, App or MIVIA Content, unless MIVIA has specifically indicated that obtaining those is an integral part of the Service or App.

If upgrades, updates or supplements to the Service, App or MIVIA Content are obtained, the use thereof will be governed by these Terms and Conditions or such other terms and conditions and may be subject to additional payments, as you shall be informed and asked to accept prior to MIVIA supplying you with the relevant upgrade, update or supplement.

In addition the following applies in particular to MIVIA Maps (one of MIVIA's Services):

i. with respect to the data for China: You agree that any Service which contains data of China may be subject to additional terms and conditions which shall be provided to you when available to MIVIA. China data may not be exported from China. ii. with respect to the data for India: You agree that any Service which contains data of India may be subject to additional terms and conditions which shall be provided to you when available to MIVIA. iii. with respect to the data for South Korea: You agree that any Service which contains data of Korea may be subject to additional terms and conditions which shall be provided to you when available to MIVIA. Korea data may not be exported from South Korea.

5.1.3 ODbL Data i. Services and Apps may utilize ODbL Data. To the extent this is the case, the following shall apply: (a) Such use shall be identified in the documentation relating to such Services and/or Apps or otherwise be communicated to You upon your request; (b) Upon request, MIVIA shall deliver to You within a reasonable period all such ODbL Data or direct you to a location where such ODbL Data is available. To the extent provided, MIVIA may charge to You its reasonable production costs for delivering a physical distribution. For the avoidance of doubt, all such ODbL Data delivered shall continue to be licensed under the OdbL; and (c) No restrictions under these Terms and Conditions apply to such ODbL Data other than those restrictions and obligations as included in the ODbL itself.

ii. The ODbL Data is provided on an “as is” and with all faults basis” and MIVIA expressly disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of non-infringement, merchantability, satisfactory quality, accuracy, title and fitness for a particular purpose.

5.1.4 User Data and User Contributed Data MIVIA grants you permission to (i) upload, use and modify User Data, and (ii) upload and use User Contributed Data, all in accordance with these Terms and Conditions.

By uploading any User Data, you will retain all rights you may have therein.

By uploading your User Contributed Data, you will retain all rights you may have therein but you hereby grant MIVIA non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable, fully paid and worldwide license for use, reproduction, making available to the public, publication, translation, modification, creation of derivative works thereof, and for distribution and licensing of your User Contributed Data in connection with the service, separately or in combination with other content or materials, in any way and by all means, methods or technologies, regardless of whether they are already known or will be invented in the future. You understand that the rights granted in this section are not affected by the deletion of your account. If applicable and permitted under applicable law, you also agree to waive any "moral right" or similar rights, such as your right to be recognized as the author of the User Contributed Data, including feedback, and your right to object against the non-respectful use of such User Contributed Data.

You also agree that MIVIA may keep one copy of your User Contributed Data in order to comply with legal or commercial obligations.

You confirm that you are the owner, or that these rights have been granted to you by the rightful owner, of all intellectual property rights that are part of the User Contributed Data that are required in accordance with these conditions and that the sharing of the User data does not infringe the intellectual property rights. property rights of any other party.

If you believe that your work has been improperly copied and posted on Services, Apps, or MIVIA Websites, such that it constitutes infringement, please provide us with the following information: (i) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (ii) a description of the copyrighted work that you claim has been infringed; (3) a description of where on Services, Apps, or MIVIA Websites the material that you claim is infringing is located; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give MIVIA legally sufficient notice of the infringement. Send copyright infringement complaints to: info@getmivia.app

With respect to User Contributed Data of other users, MIVIA grants you the right to use and modify and upload such User Contributed Data in accordance with these Terms and Conditions.

5.2 Your usage responsibilities and obligations

5.2.1 Your ownership of User Data and User Contributed Data MIVIA does not claim any ownership in the User Data or User Contributed Data. You affirm and warrant that you own or have the necessary licenses, rights, consents, and permissions to upload the User Data and User Contributed Data and to grant MIVIA all the rights granted in these Terms and Conditions including the right to grant other users of the Services, Apps and MIVIA Websites permission to use and modify and upload your User Contributed Data in accordance with these Terms and Conditions.

5.2.2 Restriction to alter Products, Services and Apps Other than as permitted by applicable legislation or as expressly permitted through any technology or means made available by MIVIA through the Products, Services and Apps, you will not, and will not allow any person to alter, distort or modify the Products, Services and Apps or any part thereof (either obtained directly via MIVIA or via a Reseller), to analyse it by means of reverse engineering, to decompile or disassemble the Services and Apps, to break or circumvent encryption or to allow or enable third parties to do so.

5.2.3 Reporting and refraining from misuse Please be informed that MIVIA assumes no responsibility for regularly monitoring any of the Services, Apps, and User Contributed Data. If you become aware of any misuse of or on the Services, Apps or User Contributed Data by any user, please report such misuse to MIVIA by contacting MIVIA support via info@getmivia.app

By accessing or using Services and Apps, and by uploading or using User Data or User Contributed Data, you agree to refrain from any improper behaviour which shall include but is not limited to the following:

i. Promotional use and payments: Use of Services and Apps and/or User Data or User Contributed Data for advertising, promotional purposes, marketing and/or sales purposes, posting a solicitation or any other commercial content whatsoever via the Services and Apps. Additionally, you also agree to refrain from directly or indirectly charging any third party for the use of the Services and Apps and/or User Contributed Data, or from accepting payment from a third party to this end. Furthermore, you agree to refrain from framing or mirroring any Services, Apps or User Contributed Data; ii. Electronic assaults: taking any action on the Services and Apps designed to circumvent, interfere, disrupt, damage, disable, overburden or limit the functionality of any software or hardware, telecommunications equipment, (security) technology, Services and Apps. You agree not to post User Data or User Contributed Data that contains software viruses, programs or other computer code. Additionally you agree not to upload User Data or User Contributed Data which would involve sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of MIVIA’s servers, computers or networks or a user's Account, computers, networks or Product. Additionally, you also agree to refrain from using or launching any automated system, including but not limited to, “robots” and “spiders” that access Services and Apps in a manner that sends more messages or requests to the MIVIA servers than any regular, private user of Services and Apps can reasonably be expected to produce in a similar period of time by using a conventional system. Additionally, you also agree to refrain from trying to gain access to or disrupt another user’s Accounts, computers or networks without authorization; iii. Spamming or harassing: posting any User Contributed Data that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; iv. Suggesting involvement of MIVIA: displaying User Contributed Data in a manner that implies a relationship or affiliation with, sponsorship, or endorsement of the User Contributed Data by MIVIA, that is misleading, offensive, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, is otherwise unlawful, or impairs MIVIA’s intellectual property rights; v. Mislead: uploading User Contributed Data that promotes information that you know is false or misleading; vi. Harming, violating laws or rights of others: posting any User Contributed Data that infringes or violates anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. Additionally, you agree not to post any User Contributed Data, take any action or use Services and Apps in a way that violates any law or promotes illegal activities. Furthermore, you agree not to post content either directly or through a link, that is illegal, offensive, libellous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, using or posting personal information (including telephone numbers, home or e-mail addresses, names or last names), photos or other images from or concerning other users or other third parties without their explicit consent, or is otherwise objectionable; vii. Collecting or publishing data: please be aware of what personal information you share. You will refrain from obtaining or trying to obtain data through any Services, Apps or User Contributed Data except if MIVIA intends to provide such data or makes it available to you. Furthermore, you agree not to upload any User Contributed Data containing restricted or password only access pages or hidden pages or images; viii. Any other unlawful or unwanted use: using the Services, Apps and User Contributed Data in an unlawful way or in violation of any of these Terms and Conditions. Additionally, you also agree to refrain from violating any code of conduct or other guidelines which may be applicable to the Services, Apps and/or User Contributed Data.

5.2.4 User Interaction Disclaimer You are solely responsible for your interactions with other people, whether online or in person. MIVIA is not responsible or liable for any loss or damage resulting from any interaction with other users, persons you meet through Services and Apps or persons who find you because of information posted on, by or through Services and Apps. You agree to take reasonable precautions in all interactions with other users on Services and Apps, and conduct any necessary investigation before meeting another person. MIVIA is under no obligation to become involved with any user dispute, but may do so in its discretion.

5.2.5 Physical Activity Notice Disclaimer Services and Apps may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity or using the Products or MIVIA Services. MIVIA is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Services and Apps.

5.3 MIVIA's Rights

5.3.1 Communication and information By creating an Account, you agree that MIVIA may communicate with you by electronic means and that certain information about your use of Services and Apps, User Data and/or User Contributed Data may be shared with us.

5.3.2 Termination and alteration MIVIA reserves the right, with or without notice, to limit, alter, update, upgrade and supplement Services, Apps and User Contributed Data provided to you or made available to you through the use of a Product, Services and Apps (either obtained directly via MIVIA or via a Reseller), unless the provision of such updates, upgrades or supplements forms an integral part of the Product, Services and Apps, as indicated by MIVIA at the time of sale.

MIVIA reserves the right to change the prices for Services, (either on single basis or subscription basis) and Apps, subject to giving you reasonable prior notice thereof. If such change will result in higher prices or otherwise works to your disadvantage (but not in case the higher prices result from higher government levies or taxes), you may terminate your subscription prior to and against the date such change comes into effect as set forth in section 4.3.

5.3.3 User Data and User Contributed Data MIVIA may, at its sole discretion, collect and process usage statistics related to the User Data and User Contributed Data to improve its products, Services and/or Apps, provided it has obtained the necessary consent from you.

With respect to User Data, in the event you upload such data you grant MIVIA a worldwide, perpetual, irrevocable, royalty-free license to use and copy such User Data for MIVIA's own use - without displaying the User Data to any third party without your consent - in so far that this use is necessary for MIVIA to be able to provide you with the ordered Product and/or requested Service.

With respect to User Contributed Data, you hereby grant MIVIA the right to grant permission to other users to use, modify and upload any User Contributed Data that you may upload through the Services and Apps in accordance with these Terms and Conditions. MIVIA may use such information as it deems fit, anywhere in the world, without obligation for compensation, and free of moral rights, intellectual property rights and/or other proprietary rights in or to such information.

When notified that any User Contributed Data may violate any part of these Terms and Conditions or infringes any other third party right, MIVIA may remove such User Contributed Data without prior notice. MIVIA may terminate your access to and use of Services and Apps for uploading such User Contributed Data.

6. TERMINATION AND RESTRICTIONS IN CASE OF BREACH BY YOU

This section sets out the consequences when you do not comply with these Terms and Conditions, including late payment for Services and/or subscriptions. MIVIA reserves the right in its sole discretion without prejudice to any other rights, to immediately - without notice of default being required and without liability to you or anyone else - terminate your Account and/or your subscriptions, delete your profile and any of your User Data and/or User Contributed Data, and restrict your use of all or any part of your Account, Services and Apps if (i) you fail to comply with or breach any material term of these Terms and Conditions, (ii) collection of payment for your Services and/or subscriptions should fail after a second attempt. In such event, you must return or destroy all copies of the MIVIA Content and all of its component parts. Furthermore, upon termination, your licenses and rights as granted to you by MIVIA will terminate simultaneously.

7. LIMITED WARRANTY WITH RESPECT TO SERVICES, APPS, USER CONTRIBUTED DATA AND THIRD-PARTY MATERIALS

Consult this section to discover MIVIA's responsibilities to you for materials. Information and data used in MIVIA Services, Apps and User Contributed Data generated by Third Parties.

MIVIA may be dependent on third parties for the provision of some (or part of) the Services, Apps and User Contributed Data.

You should be particularly aware of the fact that calculation errors may occur when using navigation systems or when using, uploading or modifying (as applicable) navigation systems such as those caused by local environmental conditions and/or incomplete or incorrect data.

Services, Apps, User Contributed Data or any Third Party Materials are provided "as is" and without warranties of any kind.

To the fullest extent permitted by law, MIVIA does not make any warranties or representations - express or implied - regarding the purchase (either directly via MIVIA or via a Reseller), access and use of Services, Apps, User Contributed Data or any Third Party Materials including, but not limited to (i) correctness, errors and accuracy (ii) adequacy, (iii) usefulness,(iv) reliability, defects, operation and availability (v) non-infringement, (vi) security, the risk of interception of information, viruses or anything else harmful, (vii) workmanlike effort, support, information or services, (viii) offensive, threatening, defamatory, unlawful or otherwise objectionable character.

The provisions of this clause do not affect any of your legal rights under applicable mandatory national legislation, including but not limited to any mandatory statutory warranties. If any part of this limited warranty is held to be invalid or unenforceable, the remainder of the limited warranty shall nonetheless remain in full force and effect.

8. LIMITATION OF LIABILITY AND INDEMNIFICATION BY YOU

Your attention is particularly drawn to this section. Consult this section to find out under which type of circumstances MIVIA is liable to you for damages as a result of a Service, App, User Data, User Contributed Data or Third Party Material, including limitations and exclusions. This section does not affect your rights under the applicable mandatory national legislation.

8.1 Limitation of liability To the maximum extent permitted by applicable law neither MIVIA nor its officers, directors or employees shall be liable to you or to any third party for any damages either direct, special, incidental, indirect or consequential damages (including but not limited to, damages for the inability to use or access the Products, loss of data, loss of business, loss of profits, business interruption or the like) arising out of or related to:

i. the use of, the inability to use or access, or otherwise the performance of a Service, App, User Data, User Contributed Data, or Third Party Material, even if MIVIA has been advised of the possibility of such damages; or ii. your conduct or that of other users (whether online or offline) or attendance at a MIVIA event or any User Contributed Data, even if MIVIA has been advised of the possibility of such damages. You assume total responsibility for your use of the Services, Apps, User Data and User Contributed Data; or iii. any fraudulent misrepresentation on the part of users of Services, Apps, and/or User Contributed Data; or any violation of these Terms and Conditions; or iv. any law or the rights of any third party.

Furthermore, MIVIA does not endorse any User Contributed Data or any opinion, recommendation, or advice expressed therein, and MIVIA expressly disclaims any and all liability in connection with your access to and use of such User Contributed Data. MIVIA is merely acting as a passive channel for the distribution of User Contributed Data and is not undertaking any obligation or liability relating to any User Contributed Data or activities of users. Even in the event MIVIA chooses to monitor any User Contributed Data, MIVIA assumes no responsibility for, or any obligation to monitor or remove, such User Contributed Data.

That said, if MIVIA is found to be liable to you for any damage which is in any way connected with your (inability to) use and/or access of or otherwise the performance of a Service, App, User Data, User Contributed Data and/or any Third Party Material, MIVIA's liability shall (i) in the case of a paid Service or App be limited to the amount actually paid by you for the Service or App concerned, and (ii) in the case of free-of-charge Services, Apps, your User Data, and User Contributed Data be limited to the amount of US £300.00.

Notwithstanding any of the above or anything else contained in these Terms and Conditions, nothing in these Terms and Conditions shall limit either party's liability for death or personal injury resulting from its own negligence, or in respect of the implied warranties in sections 12 to 15 of the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or your legal rights in respect of defective products or products which are not as described or for any other liability that cannot be excluded or limited by applicable law

Applicable mandatory national legislation may not allow the limitations or exclusions of liability as set out in these Terms and Conditions. The above limitation of liability does not affect your rights under the applicable mandatory national legislation. For more information on rights under the applicable mandatory national legislation, please contact your national Consumers Association or the relevant national authority.

8.2 Indemnification

You agree to indemnify, defend, and hold harmless MIVIA, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of and/or your conduct in connection with a Service, an App and/or your User Contributed Data and your conduct in connection with other users, or any violation of these Terms and Conditions, any law or the rights of any third party.

9. THIRD PARTY MATERIALS AND THIRD PARTY WEBSITES

MIVIA also uses licenses, information, and makes references to some other, external entities (Third Parties). Find out the terms and conditions for use, reproduction, and distribution of material from Third Parties and how they impact the MIVIA product you have purchased.

Services and Apps may make use of Third Party Materials. The use of Third Party Material included in the Services and Apps may be subject to other terms and conditions. The official copyright notices and specific licence conditions of these Third Party Materials.

You hereby agree that the submission of any order implies that you have read and accepted the terms and conditions for any Third Party Material included in a Service or App ordered, if any.

Where MIVIA provides links and/or access to third-party websites, and/or Third Party Material it is only as a convenience to you, and the inclusion of any link or access does not imply an endorsement by MIVIA of the third party site, or Third Party Material. MIVIA is not responsible for Third Party Materials and the content of any third party websites, services or functionalities, any links contained in third-party websites or services, or any changes or updates to third-party websites or services.

10. FORCE MAJEURE

This section explains the extraordinary conditions and circumstances under which MIVIA is legally excused for not performing its contractual obligations to you.

Force majeure means circumstances that impede the fulfilment of MIVIA's obligations under these Terms and Conditions which are not within MIVIA's reasonable control, including late and/or delayed deliveries and incomplete deliveries by MIVIA and temporary or partial unavailability of your Account, Services, Apps, User Data and /or User Contributed Data caused by circumstances beyond MIVIA's reasonable control. In a force majeure situation all of MIVIA's obligations shall be suspended. Should the period in which MIVIA cannot fulfil its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing and MIVIA shall be entitled to dissolve the agreement for the Services or Apps without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.

11. PRIVACY

In this section, you, as a user of MIVIA Services, Apps, can find out how your personal information (e.g.: name, address, e-mail address, or phone number) is handled and processed by MIVIA.

In order to deliver the Products and Services to you, MIVIA needs to use personal information about you. MIVIA adheres to European Union and other local privacy and data protection laws. Based on this, MIVIA will only use your information for the purpose and duration for which it was obtained. You can find our applicable privacy statement on https://getmivia.app/privacy-policy

12. THIRD PARTY RIGHTS

Third parties have no rights under applicable legislation to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.

13. CHANGE

MIVIA reserves the right to make amendments or additions to these Terms and Conditions at any time. You can find the most recent version on the MIVIA Websites. Please check the MIVIA Websites regularly.

14. ENTIRE AGREEMENT

These Terms and Conditions and any other terms and conditions, if applicable, is the entire agreement between you and MIVIA relating to the product including the support services (if any), Services, Apps, User Data, and/or User Contributed Data and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the software or any other subject matter covered by these Terms and Conditions. To the extent that the terms of any MIVIA policies or programs for support services conflict with the terms of these Terms and Conditions, the terms of these Terms and Conditions shall apply. If any provision of these Terms and Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

15. SURVIVAL

Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of your Account, Service, App, User Data, and User Contributed Data will remain in effect after termination of these Terms and Conditions.

This includes but is not limited to MIVIA's license to use, upload, modify, distribute, sublicense, reverse engineer, decompile or disassemble and display User Contributed Data generated by you.

16. SEVERABILITY

If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. In case of any such invalid provisions, MIVIA will present new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.

17. GOVERNING LAW AND COMPETENT COURT

These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Services, Apps, User Data, User Contributed Data or otherwise are subject to English law. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. The English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms and Conditions (including any non-contractual disputes or claims). This clause shall not affect your rights under mandatory local law, including the right, where applicable, to bring any dispute or claim arising out of or in connection with these Terms and Conditions in the courts of your home jurisdiction or in other courts which have jurisdiction to hear such disputes.

18. TRANSLATIONS

The English version of these terms and conditions is the prevailing version for your purchase. Any translations are provided for convenience only.

19. QUESTIONS AND COMPLAINTS

Should you have any questions, suggestions or complaints concerning your order, your purchase, these Terms and Conditions, or if you desire to contact MIVIA for any reason, please do so by email via info@getmivia.app

MIVIA will take careful note of your email and will process any complaints as soon as possible and will send you a reply within one (1) week.