Terms & Conditions

Disclaimer

Please be advised that GoMitti LLC (“MITTI” or “we” or “us” or “Company”) is a supplier of various mobile top-up services. MITTI does not directly fulfill these top-up services. The actual fulfillment of mobile top-ups is carried out by third-party service providers. As such, MITTI acts solely as an intermediary between the customer and these third-party service providers.

MITTI assumes no liability for the actions or omissions of these third-party service providers. Further, any governmental licenses and registrations required for the provision of mobile top-up services are the sole obligation of the third-party service providers.

1.  These terms of use are entered into by and between you and GoMitti LLC (“MITTI” or “we” or “us” or “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,  "Terms of Use"), govern your access to and use of www.gomitti.com, including any content, functionality, and services offered on or through www.gomitti.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at here, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

1.2       Changes to the Terms of Use.  We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

1.3       Accessing the Website and Account Security.  We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy [LINK TO PRIVACY POLICY] , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

2. Member Profile and Personal Information

2.1   Member Profile. In order to purchase and use any of the Services, whether from the Website or in the App, we may require you to create a Mitti Member Profile (“Member Profile”). Your Member Profile if applicable must contain your name, email address and mobile number. If you purchase any of the Services from the Website, you may be required to choose a password for your Member Profile and MITTI will verify your email address.

2.2   Personal Information. You agree and confirm that the personal information that you provide to us shall be accurate, current and complete in all respects. You agree to promptly update such information to keep it accurate, current and complete. You give us permission to verify all information you provide, including your email address and credit or debit card information. MITTI reserves the right to suspend or terminate your Services if any information provided to us proves to be inaccurate, not current or incomplete.

2.3   Personal Data. From time to time, MITTI may request information from you for the purpose of supplying Services to you. You agree that MITTI may collect from you and use technical data and related information, including but not limited to, information about your phone, system and application software that is gathered periodically to facilitate the provision of the Services. We may use this information to improve the provision of the Services to you. We may also share the information with our affiliates or third parties for general marketing and administration purposes. By purchasing or using any Service you acknowledge that we may use and/or disclose your personal information to select third parties for the purposes of providing and operating such Service. You should also note that our communications with you, including phone conversations and emails, maybe monitored and recorded by us for quality assurance or for legal, regulatory or training purposes. We may contact you during and after the term of your relationship with us in order to administer, evaluate and maintain any Service. Any personal data collected shall be subject to the terms of our Privacy Policy, which can be found at www.gomitti.com/en-us/privacy-policy.

3. MITTI’s Role in Offering the Services

   MITTI distributes the Services and processes Service transactions through its Mitti platform. The underlying Services are provided by third party companies, issuers and operators in various countries that are not affiliated with MITTI (collectively, “Third Party Operators”). In particular the telecommunication services underlying International Mobile Top Up (“IMTU”) and Domestic Mobile Top Up (“DMTU”) are provided by third party carriers. The underlying terms of use, charges, fees, taxes, credits and expiration policies for the Services are established and provided by the Third Party Operators. MITTI shall not be liable for the acts or omissions of the Third Party Operators. MITTI will not be liable for any disruption, delay or other omissions in the telecommunication and other services underlying the Services. All purchases of Services from the Website are final and may not be exchanged, canceled or refunded, except as required by applicable law or by the applicable Third Party Operator.

4. IMTU and DMTU

4.1   General. U.S. consumers can recharge the airtime and/or data of a mobile phone of certain U.S. and international mobile carriers in the U.S. and certain international countries.

4.2   Payment. You can purchase IMTU/DMTU products on the Website or through the App. Acceptable forms of payment on the Website and App are credit card and debit card. Payment options at a retailer may also include cash and any other form of payment authorized by MITTI and the retailer (including ACH, if and when available). We do not waive our right to collect the full amount due if your form of payment is canceled, disabled, discontinued or otherwise dishonored after your purchase of an IMTU/DMTU product. All payments must be made in U.S. dollars.

4.3   Fees. The fees charged for IMTU/DMTU products vary by mobile carrier, country and recharge denomination. The Website and the App contain fee information for each available mobile carrier, country and recharge denomination. All fees are shown and billed in U.S. dollars. Fees may be deducted from the face value amount prior to recharge. MITTI and/or the applicable mobile carrier may change fees (or add additional fees) associated with these products at any time without prior notice, and such changes will be effective from the time they are posted to the Website. You agree that by purchasing an IMTU/DMTU product following a change in the fees, you accept such changes.

4.4   Redemption. Purchases of IMTU/DMTU products from the Website and the App can be redeemed (i.e., credited to the beneficiary’s mobile phone account) in real time. Alternatively, a consumer can purchase IMTU/DMTU products from an authorized retailer and receive a PIN that can be redeemed at a later date (but not more than twelve months after purchase).  In certain countries the beneficiary will receive a PIN with the value purchased by the sender. These PINs are created by the applicable mobile carrier and must be redeemed directly with that carrier by the recipient in any manner permitted by the carrier. Neither MITTI nor the applicable mobile carrier is responsible for the loss, theft or unauthorized use of a PIN. All PINs are non-refundable, have no cash value and are not exchangeable. A PIN expires pursuant to the applicable mobile carrier’s terms. IMTU/DMTU purchases can only be redeemed to recharge the airtime or data of a mobile phone of one of the available mobile providers in certain countries. The top-up amount purchased or redeemed minus any applicable fees and taxes will be added to the beneficiary’s mobile phone and/or data account in the beneficiary’s local currency using the applicable exchange rate determined by the applicable mobile carrier. The exact amount of airtime value added to the beneficiary’s mobile phone or data account varies based on the service agreement between the beneficiary and the applicable mobile carrier. Once credited to the recipient’s account, the funds expire according to the mobile carrier’s terms and conditions.

4.5   Currency Conversion and Calculation. The recharge amount may be converted into the local currency of the applicable country prior to transfer to the beneficiary. Each mobile carrier determines its currency conversion policies and exchange rates. Any currency exchange amount/calculation provided by MITTI is solely an estimate provided by MITTI to its customers for informational purposes only and may not equal the actual exchange rate used by the mobile carrier or the amount received by the beneficiary in the applicable country. The actual amount received by the beneficiary is determined by the applicable mobile carrier. MITTI is not responsible for determining the actual amount received by the beneficiary or for any discrepancy between the estimate provided by MITTI and the actual amount received by the beneficiary. Please be advised that MITTI is not converting currency and is not a money services business. MITTI is a supplier of the Services and does not directly fulfill these top-up services. The actual fulfillment of mobile top-ups is carried out by third-party service providers, and MITTI acts solely as an intermediary between the customer and these third-party service providers. 

4.6   Refunds. All IMTU/DMTU transactions are final and may not be exchanged, returned, refunded, transferred or reimbursed, except as required by law. MITTI and the Mitti retailers are not responsible for any error due to incorrect information supplied by the purchaser to process the IMTU/DMTU transaction. No refund or credit will be given if the PIN is lost, stolen, destroyed or used without permission. The recharge amount and the PINs have no cash value and neither the purchaser nor the beneficiary shall be entitled to redeem any portion for cash.

4.7   Specific Terms. IMTU and DMTU are services that MITTI merely distributes and processes through its Mitti platform. Each international mobile carrier sets the specific terms and conditions regarding the purchase of its IMTU or DMTU products, including fees, expiration and currency conversion terms. Those specific terms can be found on the Website and are subject to change at any time at the discretion of the mobile carriers. You agree that by purchasing an IMTU/DMTU product following a change in the specific carrier terms, you accept such changes.

4.8   Third Party Telecommunications. The cellular telecommunication services underlying IMTU/DMTU products are provided by Third Party Operators not affiliated with MITTI (i.e., the U.S. and international mobile carriers). The terms of use, charges, fees, taxes, credits and expiration policies for such cellular telecommunication services are established and provided by the Third Party Operators in each country and are subject to change as determined by each applicable Third Party Operator. MITTI shall not be liable for the acts or omissions of the Third Party Operators.

4.9   Access Limitations. Access to IMTU/DMTU may be limited, delayed or unavailable during periods of peak demand, market volatility, system upgrades or maintenance, communication system problems, or circumstances beyond our reasonable control. In addition, IMTU/DMTU transactions may be delayed or unavailable based on certain transaction conditions, including applicable mobile carrier, currency availability and regulatory issues. Purchasers and users of IMTU/DMTU acknowledge and agree that in no event shall MITTI or its officers, directors, agents, employees and representatives be liable for any claims arising from or related to these products caused by or arising out of any of the aforementioned circumstances. MITTI may, at any time and in our sole discretion, refuse any IMTU/DMTU transaction for any reason without notice. We reserve the right at any time to modify or discontinue offering these products with or without notice. These products may not be available at all Mitti retailer locations or in certain states, counties or other jurisdictions and MITTI makes no guarantee that IMTU/DMTU (or any particular mobile carrier) will be available in any location.

5. General Terms for All Services

5.1   Use of Services. MITTI grants you a non-exclusive, non-transferable right to use the Services subject to your compliance with this User Agreement. MITTI will offer the Services to you in accordance with this User Agreement subject to availability. We make no representation that any of the Services are available for use in any particular location. To the extent you choose to access a Service, you do so at your own initiative and are responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, or disable access to any Service at any time without notice. In no event will we be liable for the removal or disabling of access to any Service. We may also impose limits on the use of or access to any Service without notice or liability.

5.2   Access. You are responsible for all actions that take place as a result of access to or use of any Service whether the access was made by you or by a third party using the Service.

5.3   Prohibited Uses. You expressly agree to use the Services, the Website and the App solely for lawful purposes. You agree not to use any of the Services, the Website or the App for any unlawful, abusive, or fraudulent purpose, including without limitation:

•   interfering with our ability to provide the Services to you or to other customers;
•   violating applicable law, the User Agreement;
•   avoiding your obligation to pay for the Services;
•   using the Services other than for personal, consumer use;
•   intercepting any communication which is not intended for you;
•   sending any unsolicited commercial communication; or
•   submitting or exposing to any third party any material that infringes any third party’s intellectual property rights or violates the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or is otherwise objectionable in MITTI’s sole discretion.

Furthermore, you agree not to use the Services, the Website or the App in any way that: (i) could damage, disable or overburden any MITTI server or facility, or the networks connected to any MITTI server or facility, (ii) interferes with any other party’s use and enjoyment of the Services, or (iii) could damage MITTI’s business, reputation or employees. You agree not to resell or commercialize any of the Services whether for profit or otherwise.

5.4   Submission of Information to MITTI. If you send any messages or post any information to MITTI on the Website, with or through the Services, through social media third party sites or otherwise provide feedback to MITTI, you are granting MITTI a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use the information in the course of offering the Services. Furthermore, MITTI retains the right to reformat, excerpt, or translate any information or materials submitted by you to MITTI. MITTI reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in MITTI’s sole discretion.

5.5   Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

5.6   Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. MITTI WILL NOT BE LIABLE FOR ANY DISRUPTION, DELAYS, EAVESDROPPING OR OTHER OMISSIONS IN THE SERVICES. MITTI TAKES NO RESPONSIBILITY FOR ANY DISRUPTION, INTERRUPTION OR DELAY IN THE SERVICES CAUSED BY ANY FAILURE OF OR INADEQUACY IN ANY ITEMS OVER WHICH IT HAS NO CONTROL.

5.7   Suspension of Service. MITTI may immediately suspend, cancel, modify or restrict the Services or your use of the Services, all without advance notice or liability, if:

•   you violate this User Agreement;
•   we reasonably believe that you or someone else (through your Member Profile) is fraudulently or unlawfully using the Services;
•   we reasonably believe that you or someone else (through your Member Profile) is abusing the Services, including misuse of service promotions;
•   your form of payment for the Services is canceled, disabled, discontinued or otherwise dishonored after funding
•   MITTI needs to perform maintenance on or upgrade the Services, Website, App or the underlying infrastructure that enables you to use the Services, Website or App (you will not be entitled to claim damages for any such suspension or limitation of use); and/or
•   there is a determination by any governmental authority that the provision of any of the Services is contrary to any law, rule or regulation.

You hereby agree to pay any and all outstanding charges for the Services and to reimburse us for any reasonable cost we incur in securing your payment, including, but not limited to, attorneys’ fees, court fees, and any other collection-related cost. We may impose restrictions on the form of payment you may use and/or may refuse to provide the Services to you, if any of your previous payments have failed to result in MITTI’s receipt of the entire amount payable to us in connection with such payment.

5.8   Indemnification. You agree to indemnify, release and hold MITTI harmless from any and all liability, losses, damages or claims of any kind resulting from or arising out of your (a) use of the Services, Website, App and Content, (b) breach of this User Agreement, or (c) violation of another person’s or entity’s rights. In addition, you agree that MITTI shall not be responsible for any third party claims against you that arise from your use of the Services, Website, App and Content and you agree to reimburse MITTI for all costs and expenses related to the defense of any such claims, including reasonable attorneys’ fees, unless such claims are based upon our willful misconduct or gross negligence. This indemnification obligation is only applicable to the extent permitted under applicable law. This section will survive the expiration or termination of the User Agreement.

5.9   Termination. You may terminate your relationship with MITTI at any time by ceasing to use Services, Website and App. MITTI may terminate its relationship with you, or may terminate or suspend your use of the Services, Website, and/or App at any time if: 

•   if you violate this User Agreement;
•   if we reasonably suspect that you are using the Services, Website, or App to break the law or infringe a third party’s rights;
•   if we reasonably suspect that you are trying to unfairly exploit or misuse any of our policies;
•   if we reasonably suspect that you are using the Services, Website or App fraudulently;
•   on 30 days’ notice;
•   immediately if required due to a change in any applicable law or by any of MITTI’s partners; or
•   on 30 days’ notice if we decide to cease offering the Service you use to users in your jurisdiction generally.

Upon termination: (a) all licenses and rights to use the Services, Website, and App shall immediately terminate; and (ii) you will immediately cease any and all use of the Services, Website, and App. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this User Agreement for all purposes.

6. Website Terms of Use

6.1   Website Transactions. We reserve the right to refuse any order or transaction you place with us. We may, in our sole discretion, limit or cancel transactions on a per person, per household, per telephone number or per order basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel a transaction, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the transaction was made. We reserve the right to limit or prohibit transactions that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6.2   Right to Change Website. We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Website or any Service, content, feature or product offered through the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website. You agree that we shall not be liable to you or to any third party for any such actions.

6.3   Rules of User Conduct. You expressly acknowledge and agree not to use the Website for any unlawful, abusive, or fraudulent purpose and to abide by all of MITTI’s rules of user conduct. You agree that by (a) using the Website or any Service or (b) posting information in or otherwise using any communications service, chat room, virtual television channel, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Website, you will not upload, post, or otherwise distribute or facilitate the distribution of any content (including text, communications, software, images, sounds, data, or other information) that:

•   is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates this User Agreement;
•   victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
•   infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
•   constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, unsolicited text or SMS messages, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
•   contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
•   impersonates any person or entity, including any employee or representative of MITTI.

You also agree that you will not harvest or collect information about the users or members of the Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or other forms of communication. You further agree that you will not knowingly solicit or collect personal information from a child 13 years old or younger without appropriate prior verifiable parental consent. MITTI generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Website. However, MITTI and its agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with the terms of this User Agreement or is otherwise harmful, objectionable, or inaccurate. MITTI is not responsible for any failure or delay in removing such content.

6.4   Intellectual Property. The Mitti name and associated logos, the software and technology underlying the Mitti platform, and all registered or unregistered trademarks, service marks, logos, patents, patent applications, proprietary information, registered or unregistered copyrights and all other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Services, the App, the Website and the Mitti platform and the products or services now or hereafter owned, created or provided by MITTI (collectively, the “MITTI IP”), are owned, controlled or licensed by MITTI. In addition, all materials on the Website or in the App, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Web Content”), are owned, controlled or licensed by MITTI. You have no rights in or to the MITTI IP or the Web Content and you may not use the MITTI IP or the Web Content in any manner without the prior written consent of MITTI. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the MITTI IP or the Web Content. The MITTI IP and the Web Content are intended to promote MITTI’s products and services available in the United States. One or more patents may apply to the Website, the App or the Services.

6.5   Third Party Sites. The Website may produce automated search results or otherwise link you to other sites on the Internet. These other sites are not under the control of Mitti and you acknowledge that neither MITTI nor its affiliates are responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such other sites. These sites may contain information or material that some people may find inappropriate or offensive. The inclusion of such a link does not imply endorsement of the site by MITTI or any association with its operators.

6.6   International Use. MITTI makes no representation that materials on the Website are appropriate or available for use in locations outside the United States. Accessing such materials from territories where their content is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.

6.7   Termination. MITTI reserves the right, in its sole discretion, to terminate a person’s access to all or part of the Website, with or without notice.

7. General Provisions

7.1   Taxes. You are responsible for and must pay any applicable taxes in connection with your purchase and use of any of the Services.

7.2   Electronic Communications. Unless otherwise required by applicable law, you authorize MITTI to send or provide the following categories of information (“Communications”) by electronic means and not in paper format: (a) this User Agreement and any amendments, modifications or supplements to it; (b) your purchase and use records regarding Service transactions; (c) any initial, periodic or other disclosures or notices provided in connection with the Services, including without limitation those required by U.S. federal, state or other applicable law; (d) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Services; and (e) any other communication related to the Services, a transaction or MITTI. Electronic means may include email, SMS/MMS, App to App messages, text, push notification through the App, Website chat with customer service or posting in the App or on the Website. Message and data rates may apply when you receive SMS/MMS, text or push notification messages on your mobile phone. You may withdraw your consent to receive all Communications electronically (except for App to App messages from MITTI) at any time. In order to withdraw your consent, you must contact us. In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, (ii) a mobile number and the capability to receive messages from or on behalf of MITTI, and (iii) a device and data or Internet connection capable of supporting the foregoing.

7.3   Consent to Receive Messages. By using any of the Services, you consent to receive SMS/MMS, push notifications through the App, App to App messages, text messages and/or email messages from MITTI and its affiliates regarding account management activities and special offers. This consent is specific to the phone number(s) you provide to us to use the Services and open accounts. Message and data rates may apply when you receive SMS/MMS, text or push notification messages on your mobile phone. You may refuse to consent to receive calls and texts from MITTI and its affiliates that require your consent, including autodialed, pre-recorded or artificial voice telemarketing calls. You may also withdraw your previously given consent to receive such calls and texts. Your ability to manage and use certain features of the Services could be limited if you refuse or withdraw your consent to receive these messages.

7.4   No Third Party Rights. The provisions of this User Agreement are for the benefit of you and MITTI and not for the benefit of any third party.

7.5   Acts Beyond Our Control. MITTI will not be in breach of this User Agreement or responsible for any failure in performance, loss or damage that it is due to any event beyond our reasonable control, including without limitation, fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers and acts of regulatory or governmental agencies.

7.6   Assignment. This User Agreement is personal to you and you may not assign or transfer it or your rights or obligations to any other person without MITTI’s prior consent. We can assign all or part of our rights or duties under this User Agreement without prior notice. If we elect to make such an assignment, we will have no further obligations to you under this User Agreement or in connection with your purchase or use of the Services.

7.7   Notices. Any notice from MITTI or Mitti to you under this User Agreement will be provided by one or more of the following: posting on the Website, a recorded IVR announcement while using a Service, SMS/MMS text, email or a call to a telephone number provided by you. You may contact MITTI either by email at [insert email] or by whatsapp at [insert number]. 

 

7.8   Separability. If any part of this User Agreement is found invalid, the rest of the User Agreement will remain valid and enforceable.

7.9   Governing Law. This User Agreement will be governed by the law of the State of Wyoming, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use, purchase or pay for the Services.

7.10  Entire Agreement. This User Agreement constitutes the entire agreement between you and MITTI regarding the Services covered hereby, the Website and the App and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral between you and MITTI regarding the same. No written or oral statement, advertisement or service or product description not expressly contained in this User Agreement, the Website or in the App will be allowed to contradict, explain, or supplement this User Agreement or any of the Services. Neither you nor MITTI is relying on any representations or statements by the other party or any other person that is not included in this User Agreement.

7.11   Survival. The provisions of this User Agreement that explicitly or by their nature survive or are intended to survive termination or cancellation shall so survive.

7.12   Waiver. The failure by MITTI to exercise, or delay in exercising, a legal right or remedy provided by this User Agreement or by law shall not constitute a waiver of MITTI’s right or remedy. If MITTI waives a breach of this User Agreement, the waiver shall not operate as a waiver of a subsequent breach of the User Agreement.

7.13   Translation. For your convenience, MITTI may provide you with a translation of the English language version of some or all of the various parts of the User Agreement. However, the meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. If there is any inconsistency between a non-English version and the English version, then the English version shall govern your relationship with MITTI. Any translation provided may not accurately represent the information in the original English version.

7.14   Security. Unfortunately, scams and fraudsters are abundant and we urge you to be cautious of deals or offers that seem too good to be true. If you think you have been or might be a victim of fraud, or if you are aware of anyone or any entity that is using the Services inappropriately, please contact us.