Terms and Conditions

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Mistvale. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with these Terms and Conditions, you must immediately cease using our website and refrain from engaging our services. These terms apply to all visitors, users, and clients of Mistvale.

User Obligations and Conduct Requirements

1. Legal Compliance

You agree to:

• Comply with all applicable local, national, and international laws and regulations
• Respect all intellectual property rights, including copyrights, trademarks, and patents
• Adhere to data protection and privacy legislation applicable in your jurisdiction
• Obtain all necessary permits or approvals required for your business activities

2. Accurate Information

You warrant that:

• All information you provide to us is accurate, complete, and current
• You will promptly update any information that becomes outdated or incorrect
• You have the legal authority to enter into agreements on behalf of yourself or your organization
• Your communications with us are truthful and not misleading

3. Professional Conduct

You agree to maintain professional standards by:

• Treating our staff and representatives with respect and courtesy
• Communicating clearly and honestly about project requirements and expectations
• Providing timely responses to requests for information or feedback
• Honoring payment obligations according to agreed terms

4. Prohibited Activities and Behaviors

You expressly agree not to:

• Engage in any form of harassment, abuse, or threatening behavior
• Use our services for fraudulent purposes or illegal activities
• Interfere with or disrupt our services, servers, or networks
• Attempt to reverse engineer, decompile, or disassemble our proprietary systems
• Share confidential information obtained through our business relationship
• Misrepresent your relationship with Mistvale or use our name without permission

5. Content Restrictions and Guidelines

When communicating with us or using our services, you must not:

• Submit content that is illegal, harmful, threatening, or offensive
• Include malicious code, viruses, or other harmful components
• Violate the intellectual property rights of others
• Share content that promotes discrimination, hatred, or violence

User Responsibilities

Compliance with Laws and Regulations

You are solely responsible for ensuring your use of our services complies with all applicable laws, regulations, and industry standards in your jurisdiction. This includes but is not limited to data protection laws, export control regulations, and platform-specific requirements for game distribution.

Indemnification Obligations

You agree to indemnify, defend, and hold harmless Mistvale, its directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your breach of these Terms and Conditions, your violation of any law, or your infringement of any third-party rights.

Privacy and Data Protection

You acknowledge that you are responsible for obtaining appropriate consent from end users for any data collection implemented through our services. You must comply with applicable privacy laws and regulations, including GDPR, CCPA, and other relevant data protection frameworks.

Third-Party Interactions

Any interactions you have with third parties, including platform holders, payment processors, or other service providers, are solely between you and those parties. Mistvale is not responsible for the actions, omissions, or policies of third parties.

Liability Disclaimers and Warranty Limitations

Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of information
• Warranties that our services will be uninterrupted, timely, or error-free
• Warranties regarding the results or outcomes of using our services

Limitation of Liability

To the maximum extent permitted by law, Mistvale shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or loss of goodwill
• Cost of substitute services or technology

Our total liability for any claims arising from or related to our services shall not exceed the amount you paid to us in the twelve months preceding the claim.

Consequential Damages Exclusion

We shall not be liable for any consequential, exemplary, or punitive damages arising from your use of our services, regardless of whether such damages were foreseeable or whether we were advised of the possibility of such damages. This limitation applies even if our remedies fail of their essential purpose.

Force Majeure Provisions

We shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, natural disasters, labor disputes, government actions, or failures of internet infrastructure or telecommunications networks.

Legal Information and Dispute Resolution

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Any disputes arising from or relating to these terms or our services shall be subject to the exclusive jurisdiction of the courts located in Zürich, Switzerland. You consent to personal jurisdiction in these courts and waive any objection to venue.

Dispute Resolution Procedures

Before initiating any legal proceedings, parties agree to attempt to resolve disputes through good faith negotiations for a period of thirty days.

If negotiations fail to resolve the dispute, either party may pursue legal remedies in accordance with the jurisdiction provisions outlined above. For disputes involving amounts below CHF 10,000, parties may pursue resolution through small claims court or similar simplified procedures.

Arbitration Clause

Where permitted by law and agreed upon by both parties, disputes may be resolved through binding arbitration conducted in accordance with Swiss arbitration rules. The arbitration shall be conducted in Zürich, Switzerland, in the English language. The arbitrator's decision shall be final and binding on both parties.

Severability Clause

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision. No waiver shall be effective unless made in writing and signed by our authorized representative.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any applicable project agreements, constitute the entire agreement between you and Mistvale regarding your use of our services. They supersede all prior or contemporaneous understandings, agreements, representations, and warranties.

Assignment

You may not assign or transfer these Terms and Conditions or any rights granted hereunder without our prior written consent. We may freely assign these terms and our rights and obligations. Any attempted assignment in violation of this provision shall be void.

Terms Modification Policy

We reserve the right to modify, amend, or update these Terms and Conditions at any time at our sole discretion. Changes will be effective immediately upon posting to our website, with the "Last Updated" date revised accordingly.

For material changes that significantly affect your rights or obligations, we will provide reasonable notice through our website or via email to registered users. Continued use of our services after such changes constitutes acceptance of the modified terms.

If you do not agree with the modified terms, you must discontinue using our services. Your sole remedy for disagreement with modified terms is to cease using our website and services.

Age Restrictions and Requirements

Our services are intended for individuals who are at least 18 years of age and have the legal capacity to enter into binding contracts. By using our services, you represent and warrant that you meet these age and capacity requirements. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.