General Terms of Use
Introduction
Welcome to the Mistikee website (hereinafter "the Site"). These General Terms of Use (GTU) are intended to define the terms and conditions under which you can access and use the Site. This Site is designed to present and promote the Mistikee app, compatible with Android, iOS, macOS, and Windows. The app is intended for personal use by individuals.
Access to the Site is free and does not require account creation or registration. However, while the Mistikee app is free to download and install, a one-time payment is required to access all its features without limitations.
By browsing the Site, you unreservedly accept these GTU. If you do not agree with any of these terms, please stop using the Site immediately.
Legal Notices
The publication and management of the Site are carried out by Matthieu Regnauld, residing at 58 rue de la Bourgeonnière, 44300 Nantes.
The host of the Site is Ionos SARL, whose head office is located at 7, place de la Gare, BP 70109, 57200 Sarreguemines Cedex, with the phone number: +33 970 808 911.
Site Access and User Responsibilities
Access to the Site is ensured continuously, except in cases of force majeure, maintenance, or events beyond the control of the Site’s publisher. The publisher reserves the right to interrupt, suspend, or modify access to all or part of the Site without notice, for updates or any other reason deemed necessary.
As a user, you agree to use the Site in compliance with the applicable laws and regulations, as well as these GTU. You acknowledge and accept that the use of the Site is at your own risk. The publisher of the Site cannot be held responsible in the event of:
• Compatibility issues or malfunctions related to your hardware or browsers used.
• Unauthorized access to your device, potentially compromising the security of your personal data.
• Indirect damages related to the use or inability to use the Site.
Any fraudulent or abusive use of the Site may result in access restrictions and legal action if necessary.
Services Offered
The primary purpose of the Site is to present and promote the Mistikee app. This app, available on Android, iOS, macOS, and Windows, can be downloaded for free. However, to access all its features without limitation, a one-time payment is required.
The publisher of the Site strives to provide accurate and up-to-date information but does not guarantee the absence of errors or omissions. The content of the Site is subject to change at any time without prior notice.
Intellectual Property Rights
All elements on the Site and within the Mistikee app, including but not limited to text, images, graphics, logos, icons, interfaces, and software, are protected by applicable intellectual property laws and remain the exclusive property of the publisher or its partners.
Any reproduction, representation, modification, publication, or adaptation of any part of the Site or the Mistikee app, regardless of the means or process used, is prohibited without prior written permission from the publisher. Any unauthorized use of these elements will be considered an infringement and may result in legal proceedings.
Personal Data Management and Privacy Policy
The Site and the Mistikee app respect users' privacy and are committed to protecting their personal data in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR).
Data collected: The Site does not directly collect personal data from users, except in cases of voluntary communication via a contact form or email. However, the Mistikee app, during the purchase and use of its services, may collect certain data such as:
• Version of the app used.
• User's country of residence.
• Amount spent during the purchase.
• Date and time of the last app opening.
• Date and time since the user started using the app.
• Device operating system version.
This data is collected to manage transactions, ensure maintenance and improvement of services provided, and for internal analysis. It does not allow for personal identification without the user's explicit consent.
Data usage: Collected data is used exclusively to provide and enhance the app's services, ensure proper functioning, and analyze usage to offer relevant updates. No personal data is shared with third parties for commercial purposes without the user's prior consent.
Data security: Appropriate security measures are implemented to protect personal data from loss, misuse, unauthorized access, disclosure, or alteration. Despite these precautions, the publisher cannot guarantee absolute security due to the inherent risks of using the internet.
User rights: Users have the right to access, correct, request deletion, or object to the processing of their personal data. To exercise these rights, users can contact the publisher at the contact email address (contact@mistikee.com).
No personal information related to your passwords managed by Mistikee is stored on any server. Users can simply delete this data by uninstalling Mistikee from their devices (For macOS, Windows, and Linux, users also need to delete the Mistikee folder from their Documents directory).
Limitation of Liability
The publisher of the Site and the Mistikee app strives to provide the highest quality information and services. However, the publisher cannot be held responsible for any errors, omissions, or results obtained from the use of the information and services provided.
Website Liability: The publisher disclaims any responsibility in the event of:
• Temporary or permanent interruption of access to the Site, for any reason (maintenance, updates, technical issues).
• Material or non-material damages caused to the user, directly or indirectly, from browsing the Site (viruses, hardware or software incompatibility, etc.).
• Navigation outside the Site via hyperlinks on the Site (viruses, hardware or software incompatibility, etc.).
Mistikee App Liability: The use of the Mistikee app is at the exclusive responsibility of the user. The publisher cannot be held responsible in the event of:
• App malfunctions related to external factors, such as compatibility issues with the user's operating system or technical limitations specific to the device used.
• Data loss or breach of confidentiality in the event of user negligence or misuse.
• Delays, failures, or service interruptions related to network problems or other technical constraints beyond the publisher's control.
• Loss or forgetting of the master password. Since Mistikee never stores the master password in any form, it cannot be retrieved if lost or forgotten.
• Loss or theft of data stored by Mistikee on user devices, as the publisher has no control over the storage media where this data is saved.
Force Majeure: The publisher cannot be held responsible for non-performance or partial performance of its obligations due to circumstances beyond its control, such as natural disasters, network failures, hacking, or other unforeseen events.
Changes to the GTU and Jurisdiction
The publisher reserves the right to modify these General Terms of Use at any time without notice to adapt them to legal, technical, or commercial changes. Users are therefore encouraged to regularly review the GTU to stay informed of any changes.
Continued use of the Site or app after the publication of changes constitutes acceptance of the new GTU.
These GTU are governed and interpreted in accordance with the applicable laws in France. In the event of any dispute related to the interpretation, performance, or validity of these GTU, the parties will seek an amicable solution before initiating any legal proceedings.
If no amicable solution is found, the dispute will be brought before French courts, unless otherwise required by mandatory legal provisions.