terms of use
terms of use is an agreement that a user must agree to and abide by in order to use a website or service
Mist is a social network offering its Users to publicly share and search through anonymous love letters on an internet platform (hereinafter the “Application”). The Mist Application is published by Leavey Labs, a simplified joint stock company registered under the Delaware Company Registry. These General Terms of Use (hereinafter the “Terms” or“ToU”) determine the conditions under which the User is authorized to use the Application and to benefit from its Services. Access to the Application and use of the Services are conditional upon acceptance of and compliance with these Terms.

Therefore, by creating a User Account and using the Application you agree to comply with the obligations described in this document. Our Privacy Policy is an integral part of these Terms.
Please read all of these documents carefully and do not register with Mist if you do not agree with any of the provisions contained herein. Because your privacy is of great importance for Mist, please note that we will never sell your data nor use it in a way you are not informed of.
1. Definitions and Interpretation
In these TOU, the following terms have the following meaning:

“User Account” or “User Profile” refers to the space specific to a User on which he or she can fill in information about himself or herself. Only the name and profile picture of the User Profile is public.

“Content” means Mists, comments, and votes published on the Application and/or created through the Application Services;

“Parties” means Mist and the User;“

Platform” means the online solution accessible from the Mist application available on GooglePlay or Apple Store;

“Mists” means one of the Services offered by the Application and refers to the anonymous posts Users create on the platform;

“Services” means all the features offered to the User to allow him to create, modify, publish, share his content.

“User” means any natural person using the Application and its Services.
2. User Account Creation
2.1 Requested Information

In order to use Mist you must create a User Account that will be specific to you. When creating your User Account we will ask you to provide the following information:

your first name;
your last name;
your date of birth;
a email address;
a profile picture;
a User name;
a password.

These elements are essential to use the Application Mist.

When creating your User Account, the information provided must correspond to your own identity and must not be false or erroneous.

You also agree to keep your User Account password confidential. If you believe that someone is using your User Account in an illegitimate manner, you agree to notify us by contacting us at getmist.app@gmail.com.

2.2 Age Limit and Parental Permission

Mist is open to users over the age of 18 only.

If you are under 18, you are not allowed to create a UserAccount and use the Application.

If you are the legal representative of an adult over the age of 18 and you wish to contact us, please send us a message to the following email address: getmist.app@gmail.com.
3. Services Description
You may use the Services on your phone through the MistMobile Application. The Services allow you to
(i) create, publish, share Content,
(ii) view other Users' Content
(iii) interact with them and
(iv) delete your Content.

(i) Create and Share Your Own Content Under this feature you can:
Post a Mist for the public viewing;
Post a comment on a Mist for public viewing;
Post a vote on a Mist, in which case the vote will be added to the total votes of a Mist shown to all Users;
Fill in various information on your User Account, such as your name, a profile picture, your email address;

(ii) Display Other Users’ Content
You may view the Content of other Users when: You are friends with the User;
The Content is shared publicly.

(iii) Interact With Other Users
You can interact with other Users or with other Users' Content through:

The commenting, messaging, voting, and matching interface. Users can comment on one another’s Mists, individually message the author of the Mist, vote on a Mist, and send a match request with the author of the Mist, wherein both sides have the opportunity to reveal each other’s User profiles;

The “Friends” feature allows you to friend request other users on the platform, wherein if both sides send one another a friend request, both Users will be in a friendship and be allowed to message one another. You can choose to only display Mists by your friends via the filters provided by the Application;

The “Maps” feature allows you to geolocate Mists and navigate around a spatial representation of Mists;

(iv) Content Deletion
You may choose to remove a Mist, comment, friend request, or vote. However, if you wish to remove other Content on the same day, please send us a request to getmist.app@gmail.com.
4. reporting illegal or inappropriate content
As a hosting company, we are not under a general obligation to monitor the information we store. Nevertheless, if you believe that a Mist is illicit or inappropriate, you can report it to us via the "flag" feature. Problematic users can be reported via the "block" feature.

In particular, we invite you to report any Content of asexual and/or child pornographic nature, calling for hatred, terrorism, violence in general or against a group of people in particular, inciting others to endanger themselves or provoking suicide.
Any use of Personal Data for purposes other than those set out above in our Privacy Policy will require the prior express consent of the User.

Mist undertakes to keep the Personal Data of the Users only for as long as is strictly necessary for the declared processing of the data for the above-mentioned purposes or for the exercise and establishment of its legal rights, and in any case within the limits imposed by the law.

Mist undertakes to delete the Personal Data from its databases at the end of these various periods. In case of request for deletion of your account, it will be effective within 30 (thirty) days. All of our backups are automatically deleted after 90 (ninety) days.

However, Mist may retain certain information for a period of time after the closure of the User's personal account in order to meet legal, accounting and tax obligations and, in particular, to prevent possible unlawful behavior after the deletion of a User Account (reuse of an old account by a third party). In this case, the Personal Data will be deactivated and will no longer be accessible online.
5. user obligations
When using the Application, you agree to comply with the provisions described in these Terms of Use and with the laws in force. As such, you agree not to:

Use Mist if you are under 18 years old;

Use Mist for advertising or commercial purposes to publish or facilitate the transmission of advertising, commercial solicitations, spam, "chain letters", "pyramid schemes" or to collect information, data or Content about other Users without their permission;

Tamper or attempt to tamper with the proper working of the Application, interfere with access to the Application or circumvent any measures we may use to block or restrict access to the Services;

Use the Mist Application in a deceptive, malicious, discriminatory, or otherwise unlawful manner, such as impersonating someone else for personal or commercial purposes;

Harm or attempt to harm another person or group, including, but not limited to, bullying, harassment, promotion of sexual content, violence, hate speech, dissemination of false information;

Use the Services to intentionally, recklessly or negligently upload, transmit, distribute, store or otherwise make available any Content that may infringe upon the intellectual property rights of others, or the privacy, image, dignity or honor of others, including a deceased person. In this regard, please note that you are solely responsible for the Content you choose to share on the Application, especially when this Content represents other people. We recommend that you always ensure that you have the consent of others to use their image or creations on Mist. We reserve the right, at any time and without notice, to remove or temporarily or permanently suspend access to any Content that is clearly illegal or does not comply with these Terms.
6. User Account Deletion
We reserve the right to suspend or terminate your UserAccount upon notice from us and without prior notice, for any reason whatsoever, including but not limited to:

Violation or attempted violation of the Terms and/or applicable law;

Unexpected technical or security problems;

or Long periods of inactivity of your account In such a case, you are not allowed to create a new User Account.
7. Intellectual Property
7.1 Intellectual Property and Application Integrity

Excluding the Content generated by Users, the Application is the exclusive property of Mist, including its structure, design, interfaces, databases, text, digital content, trademarks, and HTML tags (meta-tags). The Application is protected by the provisions of any national or international text in force applicable to intellectual property law. You may use the Application under a non-exclusive, limited, non-transferable, revocable license, valid worldwide and until the deletion of your User Account, to share your Content and interact with other Users only.

Accordingly, you may not reproduce, distribute, reverse engineer, disassemble, decompile or otherwise use the Application or any portion thereof in any form whatsoever, except as authorized in writing by us.

It is also forbidden to:

Extract data by temporary or permanent transfer, or use the Application or its visible databases for commercial or other purposes by making them available to the public in whole or in part and substantially in quantitative or qualitative terms;

Extract or use in a repeated and systematic way all or part of the visible information of the Application, when such an operation clearly exceeds a normal and private use of the Application;

Exploit, market or distribute any component of the Application, including but not limited to the visible information of the Application, the databases, the Services, the programs, the source codes, the algorithms, the methods incorporated in the Application;

Use any device or software to interfere or attempt to interfere with the proper working of the Application; or take any action that imposes a disproportionately large load on our infrastructure.

7.2 Intellectual Property and License

By using Mist you will create Content of which you may be the author and, if applicable, the owner of the intellectual property rights. When you share Content on the Application you grant Mist and all its Users a free, non-exclusive, 30 (thirty) year, worldwide license in any medium to:

To other Users to reproduce and share the Content on WhatsApp, Facebook, Twitter, SnapChat and Instagram, and more generally any social network or messaging application that may be interfaced with Mist;

To Mist to host, store, reproduce, modify, adapt, display, publish, edit, distribute and sublicense all or part of the Content for the purpose of providing the Application Services to its Users, and to conduct marketing, communication or commercial promotion activities of Mist.
8. Indemnification, Warranty Exclusion and Liability
The Application and its Services are provided “as is”. Consequently, we do not offer you any guarantee concerning them, and in particular concerning:

The conformity of our Services to your expectations;

The absence of interruption, errors, security breaches, infringement of the rights of third parties in the operation of the Application Mist;

The accuracy and reliability of information obtained through the use of our Services.

More generally, you acknowledge that the Internet, and any telematic network used for data transmission may involve risks related to the lack of protection of certain data against possible misuse and risks of contamination by viruses. Also, Mist cannot be held responsible for the loss or alteration of data, or for the loss of opportunity or time.

In any event, our liability is limited to direct material damages to the exclusion of any indirect damages of any kind.

We further reserve the right, to the extent permitted bylaw, to modify, suspend, discontinue or limit the availability of all or any part of our Platform for business and operational reasons at any time without notice.
9. Modification of the present Terms of Use
Help remove harmful content off Mist.
You have a voice in this community. If you find any posts that you find objectionable, please consider flagging them. Flagged posts will automatically be sent to our team for review, and posts with a sufficient flag-to-like ratio will be deleted off our platform.
10. Miscellaneous
In the event that all or part of the provisions of the GTCare deemed illegal, unenforceable or inapplicable by a court decision, the other provisions or agreements shall remain applicable, provided that the general scheme of the contract is not disrupted. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose pursued by the Parties. This Agreement, together with the Privacy Policy, constitutes the entire agreement between the Parties.
11. Applicable laws and jurisdiction
For any claim or dispute, the user is invited in priority to contact Mist at getmist.app@gmail.com to reach an amicable solution.
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