Terms and Conditions

1.1 Formation of Agreement

By accessing, browsing, or using any part of the Mistral Byte website or services, you enter into a legally binding agreement with us. This agreement is effective immediately upon your first use of our website or services and continues until terminated in accordance with these Terms and Conditions.

1.2 Capacity to Contract

You represent and warrant that you have the legal capacity to enter into this agreement. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms.

1.3 Acknowledgment of Understanding

You acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy and Cookie Policy, which are incorporated by reference into this agreement.

2.1 Lawful Use

You agree to use our website and services only for lawful purposes and in compliance with all applicable local, national, and international laws and regulations. You shall not:

• • Engage in any activity that violates applicable laws or regulations
• • Infringe upon the intellectual property rights of others
• • Engage in fraudulent, deceptive, or misleading practices
• • Use our services to harm, threaten, or harass others
• • Attempt to circumvent security measures or access controls

2.2 Accurate Information

You agree to provide accurate, current, and complete information when communicating with us or using our services. You are responsible for maintaining the accuracy of any information you provide and for updating it as necessary.

2.3 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• • Attempting to gain unauthorized access to our systems, networks, or data
• • Distributing viruses, malware, or other harmful software
• • Engaging in data mining, scraping, or automated data collection
• • Interfering with the proper functioning of our website or services
• • Impersonating any person or entity
• • Using our services for competitive intelligence or benchmarking purposes without consent
• • Posting or transmitting offensive, defamatory, or inappropriate content

2.4 Compliance with Laws

You are solely responsible for ensuring that your use of our website and services complies with all applicable laws in your jurisdiction, including but not limited to data protection regulations, export control laws, and consumer protection legislation.

3.1 Your Representations

By using our services, you represent and warrant that:

• • You have the legal right and capacity to enter into this agreement
• • All information you provide to us is accurate and truthful
• • Your use of our services will not violate any applicable laws or regulations
• • You will comply with all terms and conditions set forth in this agreement
• • You have obtained all necessary permissions and authorizations for your intended use

3.2 Our Warranties

Mistral Byte warrants that it will provide services with reasonable skill and care, in accordance with industry standards. However, we make no warranty that our website will be error-free, uninterrupted, or free from viruses or other harmful components.

3.3 Disclaimer of Implied Warranties

Except as expressly stated in these Terms and Conditions, we disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

4.1 Limitation of Liability

To the maximum extent permitted by applicable law, Mistral Byte shall not be liable for:

• • Any indirect, incidental, special, consequential, or exemplary damages
• • Loss of profits, revenue, data, or business opportunities
• • Business interruption or delays in service
• • Cost of procurement of substitute goods or services
• • Any damages arising from your use or inability to use our services

4.2 Maximum Liability

Our aggregate liability for all claims arising from or related to these Terms and Conditions shall not exceed the total amount paid by you to Mistral Byte in the twelve months preceding the event giving rise to the claim, or CHF 500 if no payments were made.

4.3 Indemnification Obligations

You agree to indemnify, defend, and hold harmless Mistral Byte, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• • Your violation of these Terms and Conditions
• • Your violation of any applicable laws or regulations
• • Your infringement of any third-party rights
• • Your use or misuse of our website or services
• • Any content or information you submit or transmit

4.4 Exclusion of Consequential Damages

Under no circumstances shall Mistral Byte be liable for any loss of profits, goodwill, reputation, or any other consequential, incidental, indirect, or special damages, even if we have been advised of the possibility of such damages.

5.1 Ownership of Content

All content, materials, features, functionality, and intellectual property on our website, including but not limited to text, graphics, logos, button icons, images, audio clips, software, and their compilation, are the exclusive property of Mistral Byte or its content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Trademark Protection

The Mistral Byte name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mistral Byte. You may not use such marks without our prior written permission. All other names, logos, and brands are property of their respective owners.

5.3 Restrictions on Use

You may not:

• • Reproduce, distribute, modify, create derivative works, publicly display, or exploit our content without authorization
• • Remove or alter any copyright, trademark, or proprietary notices
• • Use our intellectual property for commercial purposes without a license
• • Reverse engineer, decompile, or disassemble any software or technology used in our services

5.4 License Grant

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for personal, non-commercial purposes. This license does not include any resale or commercial use of our services or content.

6.1 Data Collection and Use

Our collection, use, and protection of your personal data are governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

6.2 User Consent

You acknowledge and agree that by providing personal information to us, you consent to its processing in accordance with our Privacy Policy and applicable data protection laws, including the transfer of data to jurisdictions that may have different data protection standards than your own.

6.3 Security Measures

While we implement reasonable security measures to protect your data, you acknowledge that no transmission over the internet is completely secure. You are responsible for maintaining the confidentiality of any login credentials or sensitive information you provide.

7.1 Third-Party Links

Our website may contain links to third-party websites, services, or resources. We provide these links for your convenience only and do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party sites. Your interactions with third-party sites are governed by their own terms and policies.

7.2 Third-Party Content

Any content, products, or services provided by third parties through or in connection with our services are subject to the terms and conditions of those third parties. We disclaim all liability for third-party content and services.

7.3 User Responsibility

You are solely responsible for your interactions with third parties. We encourage you to review the terms, policies, and practices of any third-party service before engaging with them. We are not liable for any damages or losses resulting from your dealings with third parties.

10.1 Modification Rights

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any modifications constitutes acceptance of the revised terms. We will update the "Last updated" date at the top of this document when changes are made.

10.2 Termination by Us

We reserve the right to suspend or terminate your access to our website or services at any time, without notice, for any reason, including but not limited to violation of these Terms and Conditions, fraudulent activity, or conduct that we determine to be harmful to our business or other users.

10.3 Termination by You

You may terminate this agreement at any time by ceasing to use our website and services. Upon termination, you must discontinue all use of our content and services.

10.4 Survival of Terms

Upon termination of this agreement, certain provisions shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification obligations, and provisions regarding governing law and jurisdiction.

11.1 Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

11.2 Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any separate service agreements, constitute the entire agreement between you and Mistral Byte regarding your use of our website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

11.3 Waiver

No waiver by Mistral Byte of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these terms shall not constitute a waiver of such right or provision.

11.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without our prior written consent. We may freely assign, transfer, or delegate our rights and obligations without restriction. Any attempted assignment in violation of this provision shall be null and void.

11.5 No Agency Relationship

Nothing in these Terms and Conditions shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Mistral Byte. Neither party has the authority to bind the other or to incur obligations on behalf of the other.

11.6 Headings

The headings and section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. They do not affect the interpretation of any provisions.