Welcome to MITO. Please read on to learn the rules and restrictions that govern your use of our website(s) (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: support@mito.ai

Company: MITO FILMS INC

Address: 480 Totten Pond Road 4th Floor, Waltham, MA 02451

Website: https://mito.ai

These Terms of Use (these "Terms") are a binding contract between you and MITO FILMS INNOVATIONS SL (operating as "MITO") ("MITO," "we" and "us"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and the Copyright Dispute Policy in the "What if I see something on the Services that infringes my copyright?" section.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at mito.ai, send you an email, and/or notify you by some other means.

If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

MITO takes the privacy of its users very seriously. For the current MITO Privacy Policy, please click here.

Children's Online Privacy Protection Act

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible.

What are the basics of using MITO?

You may be required to sign up for an account, select a password and user name ("MITO Credentials"), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your MITO Credentials a name that you do not have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a "Third Party Account"), such as those offered by Google and Discord. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).

Unless you are using the Services subject to a paid subscription plan, you will only use the Services for your own internal purposes and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.

You will not share your MITO Credentials, account or password with anyone, and you must protect the security of your MITO Credentials, account, password and any other access tools or credentials. You're responsible for any activity associated with your MITO Credentials and account.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that MITO sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Data (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

(a) infringes or violates the intellectual property rights or any other rights of anyone else (including MITO);

(b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by MITO;

(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d) jeopardizes the security of your MITO Credentials, account or anyone else's (such as allowing someone else to log in to the Services as you);

(e) attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f) violates the security of any computer network, or cracks any passwords or security encryption codes;

(g) runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);

(h) "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

(i) copies or stores any significant portion of the Content; or

(j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Data and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you.

You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services themselves, except for Content we give you a license to.

What about anything I contribute to the Services – do I have to grant any licenses to MITO or to other users?

User Data

Anything you post, upload, share, store, or otherwise provide through the Services is your "User Data." You are solely responsible for all User Data you contribute to the Services. You represent and warrant that all User Data submitted by you are in compliance with all applicable laws, rules and regulations, and that you have all rights, authorizations, permissions, and consents to provide all User Data to the Services.

Licenses

In order to display your User Data to the extent necessary to provide you the Services, you grant us certain rights in that User Data. For all User Data, you hereby grant MITO a license to translate, modify (for technical purposes), reproduce, display, perform, distribute, and otherwise act with respect to such User Data, in each case for the sole purpose of making the User Data accessible to you and providing the Services.

You further agree that MITO may (i) use your User Data for generating Aggregated De-Identified Data, and (ii) freely use, retain and make available Aggregated De-Identified Data for MITO's business purposes.

To be clear, and as further described below, MITO does not train any AI Systems on your User Data.

What do I need to know about the Services' use of artificial intelligence?

MITO is a platform that leverages generative artificial intelligence services (the "AI Systems") to create images and other output ("Output") based on textual prompts and other input from users (collectively, "Input"). By using the Services, you acknowledge and agree that certain Output may be generated by the AI Technology through the use of artificial intelligence.

As between you and MITO, you own all rights, title, and interests in and to all Output, and MITO hereby makes all assignments necessary to accomplish such ownership.

For the avoidance of doubt, MITO does not include your User Data in any Training Data for AI Systems trained by MITO, nor does MITO permit the provider of any Third-Party AI System to include your User Data in any of such provider's Training Data.

What if I see something on the Services that infringes my copyright?

In accordance with the DMCA, we've adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

(1) Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright, please send a notice of copyright infringement containing the following information to MITO's Designated Agent:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

(b) Identification of works or materials being infringed;

(c) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials;

(d) Contact information about the notifier including address, telephone number and, if available, email address;

(e) A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

(f) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Please contact MITO's Designated Agent at the following address:

Calle Hermanos Álvarez Quintero, 2. Semisótano A — 28004 Madrid, España

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by MITO. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that MITO is not responsible for such risks.

Will MITO ever change the Services?

We're always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.

Do the Services cost anything?

The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

a. Paid Services. Certain of our Services may be subject to payments now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.

b. Billing. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account") for use of the Paid Services. Currently, we use Stripe, Inc. as our Payment Processor.

c. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

d. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

e. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE.

f. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized, you have the right to receive notice of the amount to be charged and the date of the charge before the scheduled date of the transaction.

g. Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate.

h. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service.

i. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. If you cancel prior to the end of the trial period and are inadvertently charged, please contact us at privacy@mito.ai.

What if I want to stop using the Services?

You're free to do that at any time by contacting us at privacy@mito.ai; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

MITO is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at privacy@mito.ai – we will try to help, but unfortunately, we can't promise that we can recover or restore anything.

What else do I need to know?

Warranty Disclaimer. MITO and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents (the "MITO Parties") make no representations or warranties concerning the Services. THE SERVICES AND CONTENT ARE PROVIDED BY MITO ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL ANY OF THE MITO PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND.

Indemnity. You agree to indemnify and hold the MITO Parties harmless from and against any and all claims, liabilities, damages, losses and expenses arising from or in any way related to any claims relating to (a) your use of the Services, and (b) your violation of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder without MITO's prior written consent.

Arbitration Agreement

Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with MITO and limits the manner in which you can seek relief from MITO.

(a) Arbitration Rules; Applicability. The parties shall use their best efforts to settle any dispute directly through good-faith negotiations. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York, New York.

(b) Small Claims Court; Infringement. Either you or MITO may assert claims, if they qualify, in small claims court in Kings County, New York.

(c) Waiver of Jury Trial. YOU AND MITO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.

(d) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.

(e) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice to: Calle Hermanos Álvarez Quintero, 2. Semisótano A — 28004 Madrid, España, postmarked within thirty (30) days of first accepting these Terms.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services.

You and MITO agree that these Terms are the complete and exclusive statement of the mutual understanding between you and MITO, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.