Terms and conditions

Last updated December 04, 2024

We are Mitigrate AS ('Company', 'we', 'us', or 'our'), a company registered in Norway at C/O StartupLab, Gaustadalléen 21, 0349 Oslo, Oslo, Norway 0349. Our VAT number is 927 192 322.

We operate the website http://www.mitigrate.com (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

You can reach us via email at email@mitigrate.com or by mail at:

Mitigrate ASOne Lime StreetLondon EC3M 7HA, United Kingdom

These legal terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Mitigrate AS, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these legal terms. If you do not agree with all of these legal terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

By accessing or using the Services, you agree to comply with these terms. If you do not agree with any part of these terms, you must stop using the Services immediately.

The Services are intended for individuals who are at least 13 years old. If you are a minor in your jurisdiction (usually under 18 years old), you must have the consent and supervision of a parent or guardian to use the Services. If you are a minor, your parent or guardian must read and agree to these terms before you can use the Services.

We recommend that you print a copy of these legal terms for your records.

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Our services
Intellectual property rights
User representations
Purchases and payment
Prohibited activities
User generated contributions
Contribution licence
Services management
Privacy policy
Term and termination
Modifications and interruptions
Governing law
Dispute resolution
Corrections
Disclaimer
Limitations of liability
Indemnification
User data
Electronic communications, transactions, and signatures
California users and residents
Miscellaneous
Contact us

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1. Our services

The information provided through the Services is not intended for distribution or use by individuals or entities in jurisdictions or countries where such use would violate local laws or regulations, or where it would require us to register in that jurisdiction. If you choose to access the Services from another location, you do so at your own risk and are solely responsible for ensuring compliance with any applicable local laws.

The Services are not designed to comply with specific industry regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your use of the Services would be subject to these or similar laws, you are prohibited from using the Services. Additionally, you may not use the Services in a manner that would violate the Gramm-Leach-Bliley Act (GLBA).

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2. Intellectual property rights

Our intellectual property

We hold or are licensed to all intellectual property rights associated with our Services. This includes the source code, databases, software, website designs, audio, video, text, photographs, graphics, and other materials (collectively, the 'Content'), as well as the trademarks, service marks, and logos displayed within the Services (collectively, the 'Marks').

The Content and Marks are protected by copyright, trademark, and other intellectual property laws, as well as unfair competition laws, both within the United States and globally.

The Content and Marks are made available to you 'AS IS' for your internal business purposes only.

Your use of the services

As long as you comply with these legal terms, including the 'Prohibited activities' section, we grant you a non-exclusive, non-transferable, revocable license to:

Access and use the Services;
Download or print any part of the Content to which you have been granted access,

exclusively for your internal business purposes.

Except as explicitly outlined in this section or elsewhere in our legal terms, no part of the Services, nor any Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.

If you wish to use the Services, Content, or Marks in a manner not permitted by this section or other parts of our legal terms, please contact us at: email@mitigrate.com. If we grant you permission to post, reproduce, or publicly display any portion of the Services or Content, you must clearly acknowledge us as the owners or licensors of the Services, Content, or Marks, and ensure that any copyright or proprietary notices remain visible when reproducing or displaying our Content.

We retain all rights to the Services, Content, and Marks, except for those rights expressly granted to you.

Any violation of these intellectual property rights will constitute a material breach of our legal terms, and as a result, your access to our Services will be terminated immediately.

Your submissions

Before using our Services, please carefully review this section and the "Prohibited activities" section to understand (a) the rights you grant to us and (b) the obligations you assume when submitting or uploading any content through the Services.

Submissions: By submitting any content, including but not limited to questions, comments, suggestions, feedback, or other materials ("Submissions"), you acknowledge and agree that you are granting us all intellectual property rights associated with those Submissions. As a result, we will own the rights to such Submissions and will have the unrestricted ability to use, distribute, and modify them for any lawful purpose, including commercial purposes, without the need for further acknowledgment or compensation to you.

Responsibility for submissions: By submitting any content through the Services, you represent and warrant that:

You have read and agree to our "Prohibited activities" section and will not upload or transmit any Submission that is illegal, harassing, defamatory, harmful, obscene, abusive, discriminatory, sexually explicit, misleading, or otherwise unlawful;
You waive any and all moral rights to such Submissions to the extent permissible by applicable law;
The Submissions are either your original work or you have the necessary rights, licenses, and permissions to submit them and grant us the rights specified herein; and
The Submissions are not confidential and do not infringe upon any third-party rights.

You are solely responsible for any content you submit. In the event that your Submission violates these terms, any third-party rights, or applicable law, you agree to indemnify and hold us harmless from any resulting claims, damages, or losses.

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3. User representations

By accessing or using the Services, you represent and warrant that:

You have the legal capacity to enter into and comply with these legal terms;
You are not under the age of 13;
If you are a minor in the jurisdiction in which you reside, you have obtained the necessary parental consent to use the Services;
You will not access the Services through any automated or non-human means, including but not limited to bots, scripts, or other forms of automated interaction;
You will not use the Services for any illegal or unauthorized purposes;
Your use of the Services will comply with all applicable laws and regulations.

If any information you provide is found to be false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny access to the Services (in whole or in part), both now and in the future.

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4. Prohibited activities

You agree to use the Services solely for the purposes intended and in accordance with the terms outlined herein. The Services may not be used in connection with any commercial activities unless specifically authorized by us.

As a user of the Services, you agree not to engage in the following activities:

Data harvesting: Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without our written consent.
Deceptive practices: Attempt to trick, defraud, or mislead us or other users, particularly with the intent to acquire sensitive account information, such as user passwords.
Security interference: Circumvent, disable, or otherwise disrupt security features of the Services, including those that prevent or restrict the copying of Content or impose limitations on the use of the Services and its Content.
Defamation: Disparage, damage, or otherwise harm the reputation of us or the Services.
Harassment: Use any information from the Services to harass, abuse, or harm another individual.
Abuse of support services: Misuse our support services or submit false reports regarding abuse or misconduct.
Legal compliance: Use the Services in any manner that violates applicable laws or regulations.
Unauthorized linking: Engage in unauthorized framing or linking to the Services.
Malicious software: Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or any other harmful material, including spamming or excessive use of capital letters, that interferes with the ability of other users to enjoy the Services.
Automated systems: Use any automated tools, such as bots, scripts, or data mining tools, to access or interact with the Services.
Intellectual property violations: Remove or alter any copyright or other proprietary rights notices from any Content.
Impersonation: Attempt to impersonate another user, individual, or entity, or use someone else’s username.
Data collection tools: Upload or transmit any material that acts as a passive or active information collection mechanism, including, but not limited to, web bugs, cookies, and other similar devices.
Service interruption: Interfere with or place undue burden on the Services or the networks connected to the Services.
Harassment of staff: Harass, annoy, intimidate, or threaten our employees or agents providing any portion of the Services.
Access restrictions: Attempt to bypass any measures designed to prevent or restrict access to the Services or any portion of the Services.
Software tampering: Copy, adapt, or reverse engineer any software related to the Services, including code such as Flash, PHP, HTML, JavaScript, or others.
Automated systems for access: Use any automated systems, including spiders, robots, or scrapers, to access the Services, or employ any unauthorized script or software to do the same.
Unauthorized purchases: Use a purchasing agent or buying agent to make purchases on the Services.
Unsolicited communication: Collect usernames and email addresses of users for the purpose of sending unsolicited emails or create user accounts by automated means or under false pretenses.
Competitive use: Use the Services or Content to compete with us, or for any revenue-generating purpose or commercial enterprise without our express permission.
Advertising or sales: Use the Services to advertise or offer goods and services for sale.
Transfer of profile: Sell, transfer, or otherwise assign your user profile to a third party.

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5. User-generated contributions

While the Services do not currently provide a platform for users to submit or post content, we may offer you opportunities to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. These may include, but are not limited to, text, writings, videos, audio, photographs, graphics, comments, suggestions, personal information, or other materials (collectively referred to as 'Contributions'). Contributions may be visible to other users of the Services and, in some cases, shared through third-party websites. Any Contributions you make are subject to the Services' privacy policy.

When you submit or make available any Contributions, you represent and warrant that:

Ownership and rights: The creation, distribution, transmission, public display, or performance of your Contributions, as well as any accessing, downloading, or copying of such Contributions, do not and will not infringe on any proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights of any third party.
Necessary permissions: You are the creator and owner of the Contributions, or you possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to use your Contributions as intended by the Services and these legal terms.
Consent for personal data: If your Contributions include identifiable individuals, you have obtained the necessary written consent, release, and/or permission from each individual to use their name or likeness as part of your Contributions. This ensures that these individuals are aware and have authorized their inclusion in the Contributions as described in the Services and legal terms.
Accuracy: Your Contributions are not false, inaccurate, or misleading.
No unauthorized promotions: Your Contributions do not contain unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Respect and decency: Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
No harassment or abuse: Your Contributions do not ridicule, mock, disparage, intimidate, or abuse others, nor are they used to harass or threaten anyone legally.
Compliance with laws: Your Contributions do not violate any applicable laws, regulations, or rules, including those related to child pornography or the protection of minors.
Respect for privacy: Your Contributions do not violate the privacy or publicity rights of any third party.
No offensive content: Your Contributions do not include offensive content related to race, national origin, gender, sexual preference, physical handicap, or any other personal characteristic.
Adherence to legal terms: Your Contributions do not link to or include any content that violates these legal terms, or any applicable laws or regulations.

Any violation of these representations and warranties may result in the termination or suspension of your access to the Services, along with other potential legal consequences.

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6. Contribution license

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any social networking accounts, you automatically grant, and represent and warrant that you have the right to grant, us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

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7. Services management

We reserve the right, but not the obligation, to:

Monitor the Services for violations of these legal terms;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these legal terms, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

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8. Privacy policy

We are committed to protecting your data privacy and security. For detailed information on how we collect, use, and protect your personal information, please review our privacy policy: http://www.mitigrate.com/privacypolicy. By using the Services, you agree to be bound by the privacy policy, which is incorporated into these legal terms.

Please note that our services are hosted in the United States. If you access the services from any region with laws governing data collection, use, or disclosure that differ from those applicable in the United States, by continuing to use the services, you consent to the transfer of your data to the United States and its processing there. We do not knowingly collect or solicit personal information from children, nor do we market to children. In compliance with the U.S. Children’s Online Privacy Protection Act, if we learn that we have collected personal information from a child under the age of 13 without verifiable parental consent, we will delete that information as quickly as possible.

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9. Term and termination

These legal terms will remain in effect while you use the services. We reserve the right, in our sole discretion and without prior notice, to deny access to or use of the services (including blocking specific IP addresses) for any individual, for any reason or no reason at all, including but not limited to breaches of any representation, warranty, or covenant in these legal terms or applicable laws. We may terminate your participation in the services or remove any content you have posted at any time, without warning or liability.

If we terminate or suspend your account for any reason, you are prohibited from creating a new account under your name, a false name, or on behalf of any third party. In addition to suspending or terminating your account, we reserve the right to pursue legal action, including civil, criminal, and injunctive remedies.

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10. Modifications and interruptions

We reserve the right to modify, update, or remove content from the services at our discretion and without notice. While we are not obligated to update any information on the services, we may do so at our discretion. We will not be liable to you or any third party for any changes, price adjustments, suspension, or discontinuation of the services.

We cannot guarantee that the services will be available at all times. Due to hardware, software, or other issues, or as a result of necessary maintenance, the services may experience interruptions, delays, or errors. We reserve the right to modify, update, suspend, or discontinue the services at any time, without prior notice. You acknowledge and agree that we will not be liable for any loss, damage, or inconvenience caused by the inability to access or use the services during downtime or discontinuance. Nothing in these legal terms obligates us to maintain or support the services, or to provide corrections, updates, or releases.

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11. Governing law

These legal terms are governed by and construed in accordance with the laws of the United Kingdom, excluding its conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer residing within the EU, you have the additional protection provided by the mandatory consumer protection laws of your country of residence. Both you and Mitigrate AS agree to submit to the non-exclusive jurisdiction of the courts of the United Kingdom, or the courts in the EU country where you reside, to resolve any legal claims related to these legal terms and your consumer protection rights.

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13. Dispute resolution

The European Commission provides an online platform for resolving disputes, which you can access for assistance. Should you wish to address any concerns, please do not hesitate to contact us directly.

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14. Corrections

The services may contain typographical errors, inaccuracies, or omissions, including but not limited to descriptions, pricing, availability, and other information. We reserve the right to correct any such errors, inaccuracies, or omissions, and to update or modify information on the services at our discretion, without prior notice.

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15.Disclaimer

The services are provided on an "AS-IS" and "AS-AVAILABLE" basis. You agree that your use of the services is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, in connection with the services and your use thereof. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations regarding the accuracy or completeness of the content of the services or any third-party websites or mobile applications linked to the services, and we accept no liability for:

Errors, mistakes, or inaccuracies in the content and materials.
Personal injury or property damage of any kind resulting from your access to or use of the services.
Unauthorized access to or use of our secure servers, or any personal or financial information stored therein.
Interruptions or cessation of transmission to or from the services.
Bugs, viruses, Trojan horses, or similar issues transmitted to or through the services by third parties.
Errors or omissions in content or any loss or damage incurred as a result of content posted, transmitted, or otherwise made available via the services.

We do not endorse, guarantee, or assume responsibility for any products or services offered by third parties through the services, any linked websites, or any third-party advertisements. We are not responsible for any transactions between you and third-party providers of products or services. As with any purchase or transaction, we encourage you to exercise caution and good judgment.

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16. Limitations of liability

Under no circumstances will we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.

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17. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the services; (2) any breach of these legal terms; (3) any breach of your representations and warranties outlined in these legal terms; (4) your violation of the rights of any third party, including intellectual property rights; or (5) any overt harmful act toward any other user of the services with whom you connected via the services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims at your expense. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

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18. User data

We will maintain certain data that you transmit to the services to manage the performance of the services, as well as data related to your use of the services. Although we conduct regular routine backups of data, you are solely responsible for all data that you transmit or that pertains to any activity undertaken using the services. You agree that we shall not be liable for any loss or corruption of such data, and you hereby waive any rights to take legal action against us in the event of such loss or corruption.

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19. Electronic communications, transactions, and signatures

By visiting the Services, sending us emails, and completing online forms, you engage in electronic communications. You consent to receiving electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically—via email or the Services—satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICES. You waive any rights or requirements under any statutes, regulations, or laws in any jurisdiction that require an original signature, the delivery or retention of non-electronic records, or the processing of payments and credits by means other than electronic methods.

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20. California users and residents

If your complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

1625 North Market Blvd., Suite N 112, Sacramento, California 95834

Tel: (800) 952-5210 or (916) 445-1254.

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21. Miscellaneous

These legal terms, along with any policies or operating rules posted by us on the services, constitute the entire agreement and understanding between you and us. Failure to exercise or enforce any right or provision of these legal terms does not waive such right or provision. These legal terms are intended to be enforced to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision of these legal terms is determined to be unlawful, void, or unenforceable, that provision will be severed from these legal terms without affecting the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these legal terms or your use of the services. You agree that these legal terms will not be construed against us by virtue of our having drafted them. You waive any and all defenses you may have based on the electronic form of these legal terms and the lack of a physical signature by both parties.

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22. Contact Us

For any complaints regarding the services or for further information about the use of the services, please contact us at:

Mitigrate AS

One Lime Street, London EC3M 7HA, United Kingdom

Email: email@mitigrate.com

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