Terms of Use

https://mystify.com/ (together with its subdomains, content, Marks and services, each as defined below, the “Site”). Please read the following Terms of Use (the "Agreement") carefully before using this Site so that you are aware of your legal rights and obligations with respect to Mystify Ltd. ("Mystify", "we", "our" or "us"). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, this Agreement, together with the Privacy Policy which is hereby incorporated into this Agreement by reference (the date of such acceptance, the "Effective Date"). If you are using the Site on behalf of a company, organization, or other legal entity (collectively, "Company"), you represent and warrant that you have the authority to bind the Company to this Agreement. In such a case, the terms "you" and "your" will refer to both you as an individual and the Company. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not use the Site on behalf of the Company. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement, please do not access or use the Site.  

1. Modification.

‍Mystify reserves the right, at our discretion, to modify this Agreement at any time. Such modification will be effective ten (10) days following posting of the revised Agreement on the Site, and your continued use of the Site thereafter means that you accept those modifications.

2. Ability to Accept.

The Site is only intended for individuals aged eighteen (18) years or older, or the age of majority in their respective jurisdiction. If you are under 18 years old, please do not visit or use the Site.

3. Site Access.

For such time as this Agreement is in effect, Mystify hereby grants you a personal, limited, non-exclusive, non-assignable, non-sublicensable, revocable right to access and use the Site solely for your own personal and non-commercial use, and provided that you comply with this Agreement. Access to certain areas or features of the Site may require registration, creation of an Account, or acceptance of additional terms (for example, for evaluation or subscription‑based services). Access to any such evaluation, demo, or subscription‑based feature is provided for limited internal testing or informational purposes only and may be subject to separate subscription or service terms. Unless otherwise agreed in writing, Mystify may suspend or terminate any such access at any time, without notice. Except for the foregoing right, Mystify does not grant you any right or licenses to any of Mystify’s or a third party's Intellectual Property Rights (as defined below).

4. Restrictions.

As a condition to your right to access and use the Site, you shall not (and shall not permit or encourage any third party to) do any of the following: (a) copy or reproduce the Site; (b) sell, assign, lease, lend, rent, distribute, or make available the Site to any third party, or otherwise offer or use the Site in a time‑sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non‑literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, the Site; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Site; (e) circumvent, disable or otherwise interfere with security‑related or technical features or protocols of the Site; (f) make a derivative work of the Site, or use the Site to develop any service or product that is the same as (or substantially similar to or competitive with) the Site; (g) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Site; (h) send spam, phishing, or deceptive communications through or in connection with the Site; (i) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on the Site infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Site; (j) use the Site for competitive purposes, and/or on behalf of any person or entity that competes with the activities, services, or products offered by Mystify, including but not limited to utilizing the Site to receive information, data, or insights for the development or enhancement of competing services or products; (k) engage in any activity that may excessively burden or disrupt the functioning of the Site or its supporting systems; (l) impersonate another person or entity or use a deceptive identity to mislead others about who you are or who you are acting on behalf of; and/or (m) use the Site in any manner that is otherwise malicious, illegal or fraudulent; and/or (n) use the Site to infringe, misappropriate or violate any third party's Intellectual Property Rights, or any law.

5. Account.

To use some of the services of the Site, you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you hereby agree: (a) to keep your Account password secure; and (b) not to misappropriate the identity of individuals, groups, or organizations or use a fake identity when creating an Account; You must notify Mystify immediately of any breach of security or unauthorized use of your Account. As between you and Mystify, you are solely responsible and liable for the activity that occurs in connection with your Account. Mystify reserves the right, at its sole discretion, to suspend or terminate your Account or access to the Site if it believes that you have violated this Agreement or applicable law. If you wish to delete your Account, you may send an email request to Mystify at: info@mystify.com.

6. Payments to Mystify.

Your right to access and use the Site is currently free, but Mystify may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.

7. Linking.

Mystify permits you to link to the Site provided that: (i) you link to (but do not replicate) any page on this Site; (ii) the hyperlink text shall accurately describe the content as it appears on the Site; (iii) you shall not misrepresent your relationship with Mystify or present any false information about Mystify, and shall not imply in any way that Mystify is endorsing you or any services or products, unless Mystify has given you its express prior consent to do so; (iv) you shall not link from a website which prohibits linking to third parties; (v) the website from which you link to the Site does not contain content that (a) is offensive or controversial (both at Mystify’s discretion), or (b) infringes any Intellectual Property Rights; and/or (vi) you, and your website, comply with this Agreement and applicable law.

8. Intellectual Property Rights.

1. Definition. As used herein, “Intellectual Property Rights” means any right that is or may be granted or recognized regarding patents, copyrights, moral rights, trade secrets, trademarks, trade dress, trade names, domain names, social media tags and handles, industrial designs, data, personality rights, and any other legislative provision or common or civil law doctrine or principle regarding intellectual property, whether registered or unregistered, in any part of the world, and includes rights in any application for any of the foregoing.
2. Ownership. The (i) Site (ii) content and information on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, links, interactive features, and services (collectively, the "Materials"), and (iii) the trademarks, service marks, trade names, service names, trade dress, symbols, brands, and logos contained therein ("Marks"), are the sole property including Intellectual Property Rights of Mystify and/or its licensors and may be protected by Intellectual Property Rights laws and treaties. “Mystify”, the Mystify logo, and other marks are Marks of Mystify or its affiliates. All other Marks used or appearing on the Site are the Marks of their respective owners. Mystify reserves all rights not expressly granted in and to the Site. This Agreement does not transfer any Intellectual Property Rights of Mystify and/or its licensors.
3. Third-Party Trademarks; No Sponsorship, Endorsement or Affiliation. Images on the Site may display, include or reference names, logos, product names, packaging, screenshots, and other identifiers that may be trademarks, service marks, trade names, or trade dress, whether registered or unregistered, of third parties ("Demo Images"). Demo Images are used solely for illustrative and informational purposes (including in demonstration or sample content) to depict example product listings, store layouts, or user-interface functionality. Unless we expressly state otherwise in writing, (a) we do not claim any ownership rights in any third-party marks included in Demo Images, and (b) the use or display of Demo Images does not imply and should not be interpreted as any sponsorship, endorsement, affiliation, partnership, or other relationship between us and the applicable trademark owner. All goodwill associated with third-party marks belongs to their respective owners. Nothing in these Terms grants you or any other party any right or license to use any third-party marks. If you are a trademark owner (or authorized agent) and believe that any content on the Site, including any Demo Images, infringes or misuses your trademark rights, please contact us at info@mystify.com with sufficient information to identify the content or Demo Images at issue, and we will review and address the matter in accordance with our policies.
4. Feedback. If Mystify receives any feedback (which may consist of questions, comments, suggestions or the like) regarding the Site (collectively, "Feedback"), all rights, including intellectual property rights in such Feedback shall belong exclusively to Mystify and such shall be considered Mystify's Confidential Information. You hereby irrevocably and unconditionally transfer and assign to Mystify all Intellectual Property Rights you have in such Feedback and waive any and all moral rights that you may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Mystify at its sole discretion provided. Without derogating from the above Mystify in no way shall be obliged to make use of the Feedback.
5. Use of Materials. Materials on the Site are provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Mystify’s prior written consent. If you download or print a copy of the Materials you must retain all copyright and other proprietary notices contained therein. In any event you wish to use, publish, copy, distribute, transmit, broadcast, display or otherwise exploit such Materials, please contact us at info@mystify.com in order to receive Mystify’s written consent.

9. Information Description.

Mystify attempts to be as accurate as possible. However, Mystify cannot and do not warrant that the Materials available on the Site are accurate, complete, reliable, current, or error-free. Mystify reserves the right to make changes in or to the Materials, or any part thereof, in Mystify’s sole judgment, without the requirement of giving any notice prior to or after making such changes to the Materials. Your use of the Materials, or any part thereof, is made solely at your own risk and responsibility.

10. Third Party Content.

The Site may present, or otherwise allow you to view, access, link to, and/or interact with, content from third parties and other sources that are not owned or controlled by us (such Content, "Third Party Content"). The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by Mystify of such Third Party Content or third party, or by such third party of Mystify, and nor any affiliation between Mystify and such third party. Mystify does not assume any responsibility or liability for Third Party Content, or any third party's terms of use, privacy policies, actions, omissions, or practices. Please read the terms of use and privacy policy of any third party that you interact with before you engage in any such activity.

11. Privacy.

Mystify privacy policy is available at: https://mystify.com/legal/privacy-policy

12. Warranty Disclaimers.

1. This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
2. THE SITE (WHICH, FOR CLARITY, INCLUDES WITHOUT LIMITATION MATERIALS AND MARKS) IS PROVIDED AND MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, QUALITY OF SERVICE, NON-INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY MYSTIFY AND MYSTIFY’S LICENSORS AND SUPPLIERS. YOU AGREE THAT MYSTIFY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF MYSTIFY’S OR OTHER SERVERS.  
3. IN ADDITION, NEITHER MYSTIFY NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SITE; (B) THAT YOUR USE OF, OR RELIANCE UPON, THE SITE WILL MEET YOUR REQUIRMENTS OR EXPECTATIONS; (C) THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS.  
4. EXCEPT AS EXPRESSLY STATED IN MYSTIFY’S PRIVACY POLICY, MYSTIFY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

13. Limitation of Liability.

1. NOTWITHSTANDING ANYTHING TO THE CONTRARTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYSTIFY OR ANY OF ITS LICENSORS OR SUPPLIERS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT, FOR: ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS; ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
2. NOTWITHSTANDING ANYTHING TO THE CONTRARTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF MYSTIFY UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED THE LOWER OF: (A) ONE HUNDRED U.S. DOLLARS (US $100), AND (B) THE AMOUNTS ACTUALLY PAID BY YOU (IF ANY) TO MYSTIFY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM.
3. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) EVEN IF MYSTIFY HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (B) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT OR TORT LIABILITY.
4. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply. Furthermore, nothing in this Agreement shall be deemed to exclude or limit liability for death or personal injury resulting from negligence, or for fraud or fraudulent misrepresentation.

14. Indemnity.

You agree to defend, indemnify and hold harmless Mystify and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; and (ii) your breach of any provision of this Agreement.

15. Term and Termination.  

1. This Agreement commences on the Effective Date and shall continue in full force and effect until terminated in accordance herewith (the "Term").
2. Mystify reserves the right to immediately terminate this Agreement, or otherwise modify, suspend or discontinue your access to and use of the Site (or any part thereof), for any reason whatsoever, at any time, and without notice or obligation to you, and you agree that Mystify shall have no liability to you or any third party for any such termination, modification, suspension, or discontinuance. Without this Agreement Terms, Mystify reserves the right to suspend your access to the Site and its services temporarily until such breach is cured, or indefinitely if deemed to be permitted by Mystify. Suspension may occur without prior notice and is at the sole discretion of Mystify.
3. You may terminate this Agreement at any time and for any reason. If you object to any term or condition of this Agreement or any subsequent changes thereto, or become dissatisfied with the Site in any way, your sole remedy is to terminate this Agreement and to immediately discontinue use of the Site.

16. Consequences of Termination and Survival.

Upon termination of this Agreement your right to access and use the Site will automatically terminate and be deemed revoke. Sections ‎9 (Intellectual Property Rights) through ‎24 (Entire Agreement) inclusive shall survive any termination of this Agreement. Termination shall not affect any rights and obligations accrued as of the effective date of termination.

17. Independent Contractors.

‍You and Mystify are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Mystify. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Mystify.

18. Assignment.

‍Mystify may assign or transfer this Agreement (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. This Agreement is personal to you, and you shall not assign or transfer (or in any other way transfer) this Agreement (or any of your obligations or rights hereunder) without Mystify ’s express prior written consent. Any prohibited assignment or transfer shall be null and void.

19. Governing Law and Place of Jurisdiction.

‍This Agreement (including without limitation its validity and formation) shall be governed by, and construed in accordance with, the laws of England and Wales, without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to this Agreement and are hereby disclaimed. The competent courts of London, United Kingdom shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to this Agreement.

20. Severability.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then: (a) the remaining provisions of this Agreement shall remain in full force and effect; and (b) such affected provision shall be ineffective solely as to such jurisdiction (and only to the extent and for the duration of such invalidity, illegality, or unenforceability), and shall be substituted (in respect of such jurisdiction) with a valid, legal, and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.

21. Remedies.

Except as may be expressly stated otherwise in this Agreement, no right or remedy conferred upon or reserved by any party under this Agreement is intended to be, or shall be deemed, exclusive of any other right or remedy under this Agreement, at law or in equity, but shall be cumulative of such other rights and remedies.

22. Waiver.

No failure or delay on the part of any party in exercising any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by Mystify, the writing must be duly signed by an authorized representative of Mystify, and shall be valid only in the specific instance in which given.

23. Entire Agreement.

This Agreement represents the entire agreement between Mystify and you with respect to the subject matter hereof, and supersedes and replaces any and all prior and contemporaneous oral and/or written agreements, understandings and statements between you and Mystify with respect to such subject matter. You acknowledge and agree that in entering into this Agreement you have not relied on any statement or representation (whether negligently or innocently made) not expressly set out in this Agreement; for example, statements and explanations in any FAQs or other marketing material on the Site are for convenience only, and are not binding or a part of this Agreement.