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Last Updated: September 18, 2013

Welcome, and thank you for your interest in Mist.io Inc. (“Mist.io”, “we,” or “us”) and our Web site at https://mist.io (the “Site”), as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to these Terms of Service is displayed (collectively, together with the Site, our “Service”). These Terms of Service are a legally binding contract between you and Mist.io regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “Sign up”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE MIST.IO PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”). If you are not eligible, or do not agree to these Terms, then please do not use the Service.

These Terms of Service provide that all disputes between you and Mist.io will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with Mist.io.

Mist.io Service Overview. Mist.io is mobile management, monitoring and automation for servers across clouds. It provides actionable intelligence to address common issues from anywhere, using any web device. It is a freemium service with an open source component that aims to provide a unified interface that supports popular public and private clouds.
Eligibility. You must be at least 18 years of age to use the Service. By accepting these terms or registering for an account for the Service, you represent and warrant to us: (i) that you are at least 18 years of age; (ii) that you have not previously been suspended or removed from the Service; and (iii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
Permission to Use the Service. Subject to your compliance with these Terms, Mist.io grants to you a personal, limited, non-exclusive, non-transferable, freely revocable right and license to access and use the Service and the content made available via the Service. Certain downloadable Mist.io software made available on or through the Service or via third parties may be provided to you under separate licensing terms.
Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, location, e-mail address or other contact information). You agree that the information you provide to us is and will be accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at support@mist.io.
Payment. Access to the Service, or to certain features of the Service, may require you to pay fees, including a periodic subscription fee. Additionally, our third party payment services providers may charge additional fees for the use of their services, including fees in connection with cross-border monetary transactions. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Mist.io or its third party payment service providers may change any fees, including by adding fees, on a going-forward basis at any time. Mist.io or its third party payment service providers will charge the payment method you specify at the time of purchase (the “Payment Method”), which you represent and warrant that you are authorized to use. You authorize Mist.io to charge all sums described in these Terms to that Payment Method. If you pay any applicable fees with a credit card, Mist.io may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscription; Automatic Renewal. Your “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your Payment Method will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fees to your Payment Method. We will bill the periodic subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
Free Trial. Mist.io may make available a 15-day trial for a subscription to the Service without charge to you (“Free Trial”). You will be required to create an account for the Service in order to register for a Free Trial. If you wish to continue using the Service at the end of the Free Trial, you will be required to enter a Payment Method which will be charged in accordance with Sections 5 and 6.
Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
1. use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
2. violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
3. download any content posted on the Service that you know, or reasonably should know, that cannot be legally distributed in this manner;
4. remove any copyright, trademark or other proprietary rights notices contained in or on the Service or any content made available on or through the Service;
5. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
6. restrict or inhibit any other user from using and enjoying Service;
7. interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
8. interfere with the operation of the Service or any user's enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of those networks, equipment, or servers;
9. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
10. sell or otherwise transfer the access granted herein or any Materials (as defined in Section 14 below) or any right or ability to view, access, or use any Materials; or
11. attempt to do any of the foregoing in this Section 8, or assist or permit any persons in engaging in any of the activities described in this Section 8.
Third-Party Services and Linked Sites. The Service may include links to other websites or services (“Linked Sites”) solely as a convenience to you and other users. The Service may also provide certain tools that enable you to export information to certain Linked Sites. By using these tools, you agree that we may transfer such information to the applicable Linked Sites. Linked Sites are not under our control, and we are not responsible for their use of your exported information. Furthermore, we make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. Additionally, Mist.io, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@mist.io. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination. Upon any termination or expiration of these Terms, whether by you or Mist.io, ANY INFORMATION THAT YOU HAVE SUBMITTED OR UPLOADED ON OR THROUGH THE SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU and Mist.io will have no obligation to maintain any information in its databases or to forward any information to you or any third party. Upon any termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Sections 5 and 9 through 20.
Feedback. If you provide any comments, suggestions or other feedback to Mist.io regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Mist.io to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Mist.io a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
Privacy Policy; Additional Terms
1. Privacy Policy. Please read the Mist.io Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Mist.io Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
2. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as end-user license agreements for any downloadable software or applications that we may offer, or rules applicable to particular features or content on the Service, subject to Section 13 below. All Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of that change. We may provide that notice by posting on the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Our changed Terms will automatically take effect 60 days after it is made available through the Site. If you do not accept the changed Terms, you may terminate your access to and use of the Service. Your continued use of the Service after the changed Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms. Notwithstanding the foregoing, any disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose.
Ownership; Proprietary Rights. The Service is owned and operated by Mist.io. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by Mist.io are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Mist.io or our third-party licensors. Except as expressly authorized by Mist.io, you may not make use of the Materials. Mist.io reserves all rights to the Materials not granted expressly in these Terms.
Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Mist.io and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Mist.io Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in that case, you agree to cooperate with our defense of the claim.
Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MIST.IO ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE MIST.IO ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MIST.IO ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
IN NO EVENT WILL THE MIST.IO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE MIST.IO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE MIST.IO ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO MIST.IO FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law. These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Mist.io agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all disputes.
Dispute Resolution and Arbitration
1. Generally. In the interest of resolving disputes between you and Mist.io in the most expedient and cost effective manner, you and Mist.io agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MIST.IO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
2. Exceptions. Notwithstanding subsection 19.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
3. Arbitrator. Any arbitration between you and Mist.io will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Mist.io.
4. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Mist.io's address for Notice is: Mist.io, Inc., c/o Todd Carpenter, Esq., Wilson Sonsini Goodrich & Rosati, 139 Townsend Street, Suite 150, San Francisco, CA 94107. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Mist.io may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Mist.io shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Mist.io shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by Mist.io in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.00, whichever is greater.
5. Fees. In the event that you commence arbitration in accordance with these Terms, Mist.io will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Santa Clara County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Mist.io for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
6. No Class Actions. YOU AND MIST.IO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mist.io agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
7. Modifications. In the event that Mist.io makes any future change to this arbitration provision (other than a change to Mist.io's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Mist.io's address for Notice, in which case your account with Mist.io shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
8. Enforceability. If Subsection 19.6 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 18 shall govern any action arising out of or related to these Terms.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Miscellaneous. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Mist.io regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Contact Information. The services hereunder are offered by Mist.io Inc., located at 620 Folsom St #100 San Francisco, CA 94107. You may contact us by sending correspondence to the foregoing address or by emailing us at support mist.io. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.

Last Updated: September 18, 2013

Welcome, and thank you for your interest in Mist.io, Inc. (“Mist.io”, “we,” or “us”) and our Web site at https://mist.io (the “Site”). This Privacy Policy applies to this Site and all related web sites and mobile applications (including tablet applications) owned and operated by Mist.io. Mist.io values the privacy of all individuals who visit and use the Site (individually, “User” and collectively, “Users”) and makes it a priority to protect any personally identifiable information that it obtains from its Users. This Privacy Policy describes Mist.io’s policies regarding what personally identifiable information Mist.io gathers from its Users, how Mist.io uses that information, and what Mist.io does to protect that information. This Privacy Policy is incorporated by reference in the Mist.io Terms of Use, and capitalized terms not defined herein are defined in the Mist.io Terms of Use. [hyperlink to Terms of Use]

By using the Site (whether or not you register for an account for the Site), you expressly consent to the information handling practices described in this policy. If you do not want the personally identifiable information provided to Mist.io to be used in the manner set forth in this Privacy Policy, please do not use the Site or any services provided through it.

The Information Mist.io Collects:

User-provided Information: When you register for an account for the Service or at any later time, you may provide to Mist.io what is generally known as “personally identifiable information” (such as your name, password, email address, postal mailing address, and telephone number). From time to time, Mist.io may also ask you to provide other information if you so choose and if Mist.io deems it necessary or helpful in the provision of Mist.io Services or any part thereof. If you choose to provide such information, during registration or otherwise, you are giving Mist.io the permission to use and store it consistent with this policy. Please note that any credit card or other information related to your Payment Method is provided directly by you to a third party payment services provider; Mist.io does not collect or store that information and this Privacy Policy does not apply to that information.
“Cookies” Information: When you visit the Site, whether or not you register for an account, Mist.io may send one or more cookies - small text files containing a string of alphanumeric characters - to your computer. Cookies remember information about your activities on a website. Mist.io may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. However, without cookies you may not have access to certain services or features available on Service.
“Automatically Collected” Information: When you access or use the Site or any other part of Service, Mist.io’s servers may automatically record certain information from your browser by using different types of technology, including standard log files, “clear gifs” or “web beacons.” These “server logs” may include your Internet Protocol (IP) address, browser type, operating system type, internet service provider (ISP), referring or exit pages, click stream data, operating system and the dates and times that you visit the Site. Additionally, Mist.io may record certain information regarding your use of the Service, such as information regarding the services or features you have used, the number of servers you connect to the Service, and certain statistics related to your usage of the Service.
Third Party Web Beacons: Mist.io may also implement third party content, such as textual or graphical links, on the Site that uses “clear gifs,” “web beacons,” or other similar techniques, which allow the third party content provider to read and write cookies to your browser, or implement similar tracking mechanisms, in connection with your viewing of that third party content displayed on the Site or otherwise made available through Service. This information is collected directly by such third party, and Mist.io does not participate in that data transmission. Information collected by third parties in this manner is subject to that third party’s own data collection, use, and disclosure policies and Mist.io is not responsible for, reviews or controls those policies.
Third party analytics services: Mist.io may use third party analytics services, such as Google Analytics, which may collect certain types of information in connection with your use of the Service. However, these third party analytics services do not provide Mist.io with any personally identifiable information about you.
Your communications: When you send email or other communications to Mist.io, Mist.io may retain that email or other communications and collect information associated with that email or other communications such as the content, date and time of these messages.
Information from Other Sources: Mist.io may also obtain information, including personally identifiable information, from third parties and sources other than Service. If Mist.io combines or associates information from other sources with personally identifiable information that it collects through Service, it will treat the combined information as personally identifiable information in accordance with this Privacy Policy.

The Way Mist.io Uses Information:

Mist.io generally uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on or through the Site. Mist.io may use information that you provide or that it collects from Users to understand and analyze the usage trends and preferences of our Users, to improve the way the Service works and looks, and to create new features and functionality.
Mist.io may also use your personally identifiable information to provide you with information, newsletters or offers about Mist.io’s features and services that may be of interest to you.
Mist.io may use “cookies” information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Site; and (b) monitor aggregate site usage metrics such as total number of visitors and pages viewed, information about users interested in a program, feature, or function, etc.

When Mist.io Discloses Information:

Mist.io’s employees, agents and contractors must have a legitimate business reason to obtain access to the personally identifiable information you may provide or that Mist.io collects. Mist.io may share your personally identifiable information with companies that provide services to it, including outside contractors or agents who help manage its information activities, but they may only use your personally identifiable information to provide Mist.io with a specific service and not for any other purpose.
Mist.io may also disclose your personally identifiable information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant. In some cases, Mist.io may make these disclosures without first providing notice to you.
Mist.io also reserves the right to disclose User information that it believes, in good faith, is appropriate or necessary to take precautions against liability; to protect Mist.io from fraudulent, abusive, or unlawful uses; to investigate and defend itself against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Site; or to protect the rights, property, or personal safety of Mist.io, its Users, or others.
In the event that Mist.io is acquired by or merged with a third-party entity, it reserves the right, in any of these circumstances, to transfer or assign the information that it has collected from its Users as part of that merger, acquisition, sale, or other change of control.

Your Choices:

You may, of course, decline to share your personally identifiable information with Mist.io, in which case Mist.io will not be able to provide to you some of the features and functionality found on or through the Site. If you register for an account for the Service, you may update or correct your account information at any time by going to your account settings page or by contacting us at support mist.io. Mist.io may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

Links to Other Sites:

The Site may be linked to internet websites or online services operated by Mist.io’s affiliates or other third parties. Any information that you provide to or is automatically collected by these third-party websites or services is subject to the respective privacy policies of these third parties. Mist.io’s Privacy Policy does not apply to, and Mist.io cannot control the activities of, these other third party websites or services. Please be aware that Mist.io does not warn you when you have chosen to link through to another website or service from the Site.

Children:

Mist.io does not knowingly collect or maintain personally identifiable information on the Site from persons under 13 years-of-age. If Mist.io learns that personally identifiable information of persons less than 13-years-of-age has been collected through the Site, then Mist.io will take the appropriate steps to delete this information.

Our Commitment to Data Security:

We use certain physical, managerial, and technical safeguards and systems to preserve the integrity and security of your personal information. We periodically audit these safeguards and systems to ensure that they work as intended and that we are able to respond quickly to a security breach. We cannot, however, ensure or warrant the security of any information you transmit to Mist.io, and you do so at your own risk. We cannot guarantee that your information may not be accessed, disclosed, altered, or destroyed by breach of any physical, technical, or managerial safeguards.

If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

International Visitors:

The Site may be accessed and/or used by Users located outside the United States. If you choose to use the Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions and by providing your personally identifiable information on or through the Site you consent to that transfer.

Changes and Updates to this Privacy Policy:

This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a “last updated” date above. Please revisit this page to stay aware of any changes. Your continued use of the Site constitutes your agreement to this Privacy Policy and any future revisions.

Contact Information:

Please contact Mist.io with any questions or comments about this Privacy Policy, your personal information, our third-party disclosure practices, or your consent choices by email at support@mist.io or by mail at: Mist.io, Inc., c/o Todd Carpenter, Esq., Wilson Sonsini Goodrich & Rosati, 139 Townsend Street, Suite 150, San Francisco, CA 94107.

About Mist.io

Who we are

Chris Psaltis

Dimitris Moraitis

Christos Stamelos

Markos Gogoulos

Mike Muzurakis

Dimitris Rozakis

Christos Loukas

Marios Fakiolas

Vasilis Kefallinos

Pavlos Tzianos

Our Advisors

Allen Wirfs-Brock

David Hecht

Geva Perry

Andreas Kallis

Our trusted partners

About Mist.io

Who we are

Chris Psaltis

Dimitris Moraitis

Christos Stamelos

Markos Gogoulos

Mike Muzurakis

Dimitris Rozakis

Christos Loukas

Marios Fakiolas

Vasilis Kefallinos

Pavlos Tzianos

Our Advisors

Allen Wirfs-Brock

David Hecht

Geva Perry

Andreas Kallis

Our trusted partners

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