The terms, clearly put.

These Terms of Service (“Terms”) govern your use of the website at mitte.si, the partner portal at partners.mitte.si, the Mitte waitlist and invitation system, the Mitte partner and developer programs, and the Mitte app during its beta (together, the “Services”).

The Services are provided by Swfte Limited (“Swfte”, “we”, “us”), 6th Floor, 2 Grand Canal Square, Dublin 2, D02 A342, Ireland. By using the Services, joining the waitlist, submitting an application or creating an account, you agree to these Terms. If you use the Services on behalf of a business, you confirm that you are authorised to accept these Terms for it, and “you” includes that business.

Our Privacy Policy and Cookie Policy explain how we handle personal data. Some features have additional terms, such as the Stripe terms for managed payments (section 8). If you have a separate signed agreement with Swfte, that agreement prevails where it conflicts with these Terms.

Some terms apply differently depending on whether you are a consumer (acting for purposes outside your trade, business or profession) or a business user (such as a partner or developer). We say so where it matters.

You must be at least 18 years old and able to enter into a binding contract to join the waitlist, use the beta, or apply for or use a partner or developer account. You may not use the Services if the law where you live forbids it, or if we have previously suspended your access.

The beta may not be available in every country, on every device or in every language. Availability in a country is not a promise that it will remain available there.

You may browse mitte.si and partners.mitte.si for your personal information and to evaluate Mitte. The product examples, sample conversations, creator demonstrations and the interactive partner demo on our sites are illustrations: they show how Mitte is intended to work and may not reflect exactly what is available to you in the beta.

We try to keep the website accurate and available, but we may change or withdraw any part of it at any time.

Mitte is a personal AI assistant for iPhone and Android, currently in an invite-only beta. During the beta:

• It is free. We will not charge you for the beta without telling you first and asking you to agree. Any future paid plan will have its own clearly presented terms.
• Features will change. We may add, change, limit or remove features, set usage limits, or reset beta data where we reasonably need to, and we will try to give notice of significant changes.
• It may be interrupted. Pre-release software can contain bugs and can be unavailable. Please keep your own copies of anything important.
• It may end. We may end the beta or move it to a general release. If we end it without a replacement, we will give you reasonable notice and, where practical, a way to export your content.
• Feedback helps. If you send us feedback or ideas, we may use them to improve Mitte without owing you anything for them. Feedback does not give us ownership of your content.

Your use of the app is also subject to the terms of the app store you downloaded it from (section 13).

Demand for Mitte is high, so new registrations are restricted while we grow the service steadily. This section explains how access works.

5.1 How people get access

• Early members received access first and can invite other people, such as friends and family.
• Partners and creators accepted into our programs can invite their customers or audiences.
• Anyone else can join the waitlist. Invitations from the waitlist are released in rounds. Places in each round are allocated partly by random draw and partly by operational factors, such as available capacity in a region or on a device platform, to keep growth stable.
• Everyone who receives an invitation and joins can then invite others, within any invitation limits we set.

5.2 No purchase, no prize

5.3 No guarantee

Joining the waitlist does not guarantee that you will be invited, or when. We do not have to run rounds at any particular frequency or size. We may change how invitations are allocated, including the proportion allocated by draw, pause the waitlist, or open Mitte to everyone, at any time.

5.4 Invitations are personal

A waitlist place or an invitation is personal to the person it was issued to. You may not sell, buy, trade, auction, or otherwise transfer or offer waitlist places, invitations or invitation codes for money or anything of value, and you may not create multiple or false entries. We may cancel waitlist entries, invitations or accounts obtained in breach of this section.

5.5 Inviting others

Invite only people you know or, for partners and creators, people who have chosen to follow or hear from you. Do not send invitations as spam, do not charge for them, and do not misrepresent Mitte or your relationship with us when you invite someone. Partners and creators must comply with the advertising and consumer laws that apply to their promotions.

Your Mitte access is connected to the email address you were invited with. Partner portal accounts use an email address and password. Please:

• give us accurate information and keep it up to date;
• keep your password and sign-in links confidential and use a password you don’t use elsewhere;
• tell us promptly at security@swfte.com if you think someone else has accessed your account.

You are responsible for activity under your account that results from your failure to keep your credentials secure. You can sign out of all sessions and permanently delete a partner account from Account settings.

7.1 Applications

Submitting a partner or developer application does not create an account, issue API credentials or guarantee acceptance. We welcome partners and developers in small cohorts and may accept or decline any application at our discretion, without having to give reasons. Acceptance may be subject to additional terms.

7.2 Partner portal

The portal lets you connect your website, verify your domain, import a product catalog, design and publish a Mitte app, and view reports. There is currently no subscription fee for the partner program. You agree that:

• Domain verification: you will only attach and verify websites and domains that you own or are authorised to manage, and you will not interfere with another person’s verification.
• Catalog and content: you are solely responsible for your catalog, product information, prices, availability, images, branding and published app, and for ensuring they are accurate, lawful and not misleading, and that you have the rights to use them. You grant Swfte a worldwide, non-exclusive, royalty-free licence to host, copy, process, adapt for display and show that content in Mitte and on our sites to operate and promote the Services, for as long as it is published.
• Your store remains yours: you remain responsible for your own checkout, stock, pricing, taxes, shipping, returns, customer service and compliance with consumer law. Mitte’s search and cart capabilities describe your store; they do not make Swfte the seller.
• Analytics: you will only send events you are entitled to share, use opaque identifiers instead of names or email addresses, mark sales as attributed to Mitte only where your own records show they originated in Mitte, and have a lawful basis and give your customers any notice required. For this data Swfte acts as your processor under our data processing terms.

7.3 API, catalog and payment keys

Keys we issue are confidential credentials. Keep them on your servers, never in browser code, apps or public repositories, and do not share them except with service providers acting for you. You are responsible for all use of your keys. Rotate or revoke a key immediately if it may have been exposed. We may revoke keys that are misused or compromised.

7.4 SDKs and integrations

Our SDKs, plugins and integrations are provided under the licence included with each of them. They are beta software and may change. You are responsible for testing them with your own systems before relying on them.

Partners can choose to accept payments through Mitte-managed checkout, which uses Stripe. If you enable it:

• you must complete Stripe’s onboarding and agree to the Stripe Connected Account Agreement (opens in a new tab), which includes the Stripe Services Agreement (opens in a new tab). Stripe decides whether your account is eligible;
• customers authorise each payment on Stripe’s hosted page. Card details are handled by Stripe and never reach Swfte;
• Swfte forwards eligible proceeds to your connected Stripe account after you confirm fulfilment. Swfte currently charges no platform fee; Stripe’s processing and other fees apply as shown in your payment settings;
• you must deliver what the customer paid for, handle refunds and complaints fairly, and tell us promptly about problems. Refunds and disputes may pause or reverse transfers;
• Swfte is not a bank, escrow agent or payment institution. Payment services are provided by Stripe.

Mitte uses artificial intelligence to generate answers, suggestions and actions. AI can be wrong, incomplete or out of date, and it can sound confident when it is wrong. Please:

• check anything important before relying on it, especially facts, prices, bookings, opening times and anything to do with money, health, safety or the law;
• review what Mitte proposes before you confirm a purchase, booking, message or other action on your behalf; and
• never rely on Mitte in an emergency. Contact the emergency services directly.

Creators and partners are responsible for their own content, claims and offers, and for complying with the rules that apply to them, including disclosure of sponsored content. Their views are their own and not Swfte’s.

You keep ownership of the content you provide to the Services, such as your messages, applications, catalogs and branding (“Your Content”). You give Swfte a non-exclusive, worldwide, royalty-free licence to host, store, process and display Your Content only as needed to provide, secure and improve the Services for you, and as described in our Privacy Policy. This licence ends when Your Content is deleted from the Services, except for copies we must keep by law or that remain in backups for a short period.

You are responsible for Your Content and confirm that you have the rights needed to share it and that it does not break the law or anyone’s rights.

You must not use the Services to, or try to:

• break the law or help anyone else break it;
• harass, threaten, defraud, impersonate or mislead anyone, or exploit or harm children;
• upload or generate content that is illegal, infringing, defamatory, hateful, sexually exploitative or that promotes violence;
• send spam or unsolicited invitations, or collect other people’s personal data without a lawful basis;
• sell, trade or misuse invitations, or create accounts or waitlist entries by automated or deceptive means;
• access, probe or scan our systems without permission, bypass rate limits, security or access controls, or use another partner’s keys, sites or data;
• introduce malware, overload the Services, or interfere with other users;
• scrape the Services, or copy, reverse engineer or decompile them, except where the law expressly allows it;
• use Mitte or its outputs to develop a competing AI model, or present AI output as human-made where that would mislead;
• list products or services that are illegal, counterfeit, unsafe or that you are not entitled to sell, or make misleading claims about them.

Please report misuse to support@swfte.com, or vulnerabilities to security@swfte.com.

The Services, including the Mitte name, logo and wordmark, the design of our sites and app, our software, text, images, video and the creator demonstrations, are owned by Swfte or its licensors and are protected by intellectual property laws. Subject to these Terms, we give you a personal, non-exclusive, non-transferable, revocable licence to use the Services for their intended purpose.

You may not use our names, logos or trademarks without our written permission, except to describe accurately that your business is available in Mitte once you are an accepted partner. Third-party names and trademarks shown on our sites belong to their owners. Our typefaces are used under the SIL Open Font License.

The Services link to or work with services we do not control, including Apple’s App Store, Google Play, Stripe and partner websites. Their own terms and privacy policies apply to your use of them, and we are not responsible for their content, products or practices.

If you downloaded the Mitte app from the App Store, these Terms are between you and Swfte, not Apple. Apple is not responsible for the app or its support, has no warranty obligations for it beyond any refund of a purchase price under its own rules, is not responsible for handling claims relating to the app, and is a third-party beneficiary of these Terms with the right to enforce them against you. You must also comply with Apple’s and Google’s usage rules.

When you buy from a partner through Mitte, your purchase contract is with that partner, who is responsible for the product or service.

You can stop using the Services at any time, leave the waitlist by emailing privacy@swfte.com, and delete a partner account from Account settings. A partner account with a connected payment account or open payment records cannot be deleted until refunds, fulfilment and reconciliation are complete.

We may suspend or end your access, cancel invitations or waitlist entries, remove content, or revoke keys if you seriously or repeatedly breach these Terms, if we must do so by law, or to protect users, the Services or third parties from harm. Where reasonable, we will tell you why in advance and give you a chance to fix the problem. We may also end the Services or the beta for everyone with reasonable notice.

Sections that by their nature should continue after termination (for example sections 9, 10, 15 to 18 and 20) continue to apply.

The Services, and in particular the beta and anything labelled preview, demo or sample, are provided “as is” and “as available”. To the extent the law allows, we make no promises that the Services will be uninterrupted, error-free or secure, that AI answers will be accurate or suitable for your purpose, or that you will be invited by a particular date, and we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.

If you are a consumer, you have legal rights in relation to digital content and services that are not as described, not fit for purpose or not of satisfactory quality. Nothing in these Terms affects those rights.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or any other liability that cannot be limited or excluded by law.

If you are a consumer

We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill. We are not responsible for loss or damage that was not foreseeable, for losses caused by your own breach of these Terms, or for business losses, because the Services are for your personal use.

If you are a business user

To the extent the law allows:

• we are not liable for any indirect or consequential loss, or for loss of profit, revenue, business, goodwill or data, whether in contract, tort (including negligence) or otherwise; and
• our total liability arising out of or in connection with the Services in any 12-month period is limited to the greater of the fees you paid us for the Services in that period and EUR 100. This cap does not apply to amounts we owe you as transfers of payment proceeds.

If you are a business user, you will indemnify Swfte and its affiliates against third-party claims, and the resulting losses, damages, fines and reasonable legal costs, arising from your catalog, content, products or services, your breach of these Terms or of law, or the misuse of keys issued to you. We will tell you promptly about any such claim, let you control its defence where appropriate, and cooperate reasonably. This section does not apply to consumers.

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of Ireland.

If you are a consumer living in the EU, the EEA, the UK or Switzerland, you also keep the protection of the mandatory consumer laws of the country where you live, and you may bring proceedings in the courts of that country or of Ireland.

If you are a business user, the courts of Ireland have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court.

Before starting proceedings, please contact us at legal@swfte.com so we can try to resolve the issue informally.

We may update these Terms to reflect changes to the Services, the beta or the law. We will publish the new version here with a new date. If a change materially affects you, we will tell you by email or in the product at least 30 days before it takes effect, unless the change is needed sooner for legal or security reasons. If you do not agree, you can stop using the Services before the change takes effect. Continuing to use them afterwards means you accept the new Terms.

• Entire agreement. These Terms, with the documents they refer to, are the whole agreement between you and Swfte about the Services.
• Transfer. You may not transfer your rights under these Terms. We may transfer ours to an affiliate or to a successor of our business, and this will not reduce your rights.
• Severability. If a court finds part of these Terms unenforceable, the rest stays in force.
• No waiver. If we delay enforcing these Terms, we can still enforce them later.
• Events outside our control. We are not responsible for delays or failures caused by events beyond our reasonable control.
• Language. These Terms are written in English. If we provide a translation, the English version applies to the extent permitted by law.
• Third parties. Apart from Apple (section 13), no one else has rights under these Terms.

Swfte Limited, 6th Floor, 2 Grand Canal Square, Dublin 2, D02 A342, Ireland.

• Legal notices: legal@swfte.com
• Support and the waitlist: support@swfte.com
• Privacy: privacy@swfte.com
• Security: security@swfte.com