Terms of service

1. Who provides the service

MitoOps is operated by Jaroslav Lachký, Medňanská 517/11, 019 01 Ilava, Slovakia, e-mail info@mitoops.com, telephone +421 949 688 122 (the „provider").

MitoOps s.r.o. is in the process of being entered in the commercial register. Until it comes into existence, the contracting party is the natural person named above; upon registration the rights and obligations pass to the company and the details will be updated on this page.

2. Subject of the contract

The subject is access to the MitoOps software as a service (SaaS) running on the provider's infrastructure. The customer acquires no ownership of the software or a copy of it; the customer acquires a non-exclusive, non-transferable right to use the service for the duration of the subscription.

The provider supplies no goods and performs no carriage. The system mediates communication with carriers with whom the customer holds their own contract and account number; the contract of carriage is concluded between the customer and the carrier directly.

3. Formation of the contract and the trial period

The contract is formed by creating an account and confirming a subscription order. Beforehand the customer has a 14-day trial period with no payment card and no commitment.

A trial account does not convert to a paid one automatically. Access to features is limited and the data remains available for export for the period stated in article 9.

4. Prices, invoicing and payment terms

Prices are stated on the pricing page and exclude value added tax. The provider is not VAT-registered; should that change, the price will increase by the statutory rate and the customer will be informed at least 30 days in advance.

The subscription is charged in advance for the chosen period (monthly or annually). Invoices are issued electronically and delivered to the e-mail address in the account. Payment is due within 14 days of issue.

If payment is more than 14 days overdue, the provider may suspend access to the service after prior notice sent to the contact e-mail. Suspension does not delete the customer's data.

Each paid plan includes AI Mailing for the number of contacts shown for that plan on the pricing page. E-mails sent by AI Mailing are not charged separately; the service itself limits their number to no more than four e-mails per contact per calendar month.

Exceeding the number of contacts does not lead to additional charges or to suspension of the service. In that case AI Mailing addresses contacts up to the limit in an order determined by the service, and the remaining contacts wait. The customer is not entitled to e-mails being sent to contacts above the limit. The customer may increase the limit with a higher plan or with a package of +1,000 contacts for EUR 5 per month excluding VAT.

A contact package is ordered and paid in advance, is valid for 30 days from receipt of payment and does not renew automatically. A paid package is not refunded if unused or if the contract ends early.

5. Payment methods

Payments are accepted through the Stripe payment gateway — by card, Google Pay or Apple Pay. Card details are processed solely by Stripe; the provider has no access to them and does not store them.

Until the payment gateway launches we invoice by bank transfer. This is stated directly on the pricing page.

6. Duration and termination

The contract is concluded for an indefinite period with the billing cycle of the chosen plan. The customer may terminate at any time by cancelling the subscription in the account; termination takes effect at the end of the paid period and subscription fees already paid are not refunded unless stated otherwise below.

The provider may terminate with 30 days' notice. Unless the reason is a material breach by the customer, the provider refunds the proportionate part of the subscription for the unused period.

In the event of a material breach — in particular conduct endangering the operation of the service, or payment more than 30 days overdue — the provider may terminate without notice.

7. Withdrawal from the contract

A consumer concluding a distance contract has the right to withdraw within 14 days without giving a reason. For digital content and services this right ceases once performance has begun with the consumer's express consent and their acknowledgement that the right of withdrawal is thereby lost.

As the service is intended for entrepreneurs acting in the course of their business, consumer protection provisions generally do not apply. The 14-day trial period without payment serves the same purpose: the customer tries the service before paying for it.

8. Availability, maintenance and support

The provider makes reasonable efforts to keep the service continuously available. Planned maintenance is carried out outside business hours where possible and announced in advance when it exceeds 30 minutes.

Availability may be temporarily limited for reasons attributable to third parties — the infrastructure provider, the e-commerce platform, a carrier or a language-model provider. The provider is not liable for outages of those services but must inform the customer and cooperate.

The scope of support and response times are stated with each plan. An agreed service level (SLA) applies only to plans that expressly state one.

9. Customer data and export

Data the customer enters into the service, or that the system reads from their shop, remains the customer's property. The provider processes it solely to provide the service and to the extent set out in article 10.

The customer may export the data at any time in a standard format directly from the application. After the contract ends the data remains available for export for 30 days; it is then irreversibly deleted, backups included, within 90 days at the latest.

On written request the provider confirms the deletion.

10. Data protection and confidentiality

In respect of the personal data of the client's customers the provider acts as a processor; the client is the controller. Details, including the list of sub-processors, are in the Privacy Policy, which forms an integral part of these terms.

Both parties undertake to keep confidential any facts learned in connection with the contract that are not publicly known. This obligation survives the end of the contract.

For AI Mailing the provider processes contact details, consents, the history of sent e-mails and events (delivery, open, click, unsubscribe) of the client’s end customers as a processor on the client’s instructions. The history is kept for the period set by the plan and then anonymised; it is erased earlier at the request of the data subject exercised through the client.

11. Customer obligations

The customer is responsible for the accuracy of the details in the account, for protecting access credentials and for the conduct of persons to whom access has been granted.

The customer undertakes not to use the service unlawfully, to circumvent plan limits, to load the infrastructure beyond ordinary use, or to make the service available to a third party outside their own organisation without the provider's written consent.

For AI Mailing the customer is the sender of the e-mails. The customer is responsible for having a valid legal basis for sending commercial communications to every contact (in particular consent or a statutory exemption under electronic communications law), for not having obtained contacts by purchase or from a source the data subjects did not agree to, and for the accuracy and truthfulness of the product, price, promotion and discount data on which the e-mails are based.

The customer is responsible for the compliance of e-mail content with consumer protection, advertising and data protection law, for setting up and verifying the sending domain, and for not using the service to send unsolicited e-mail. If a third party or a supervisory authority asserts a claim or imposes a fine on the provider as a result of the customer breaching the obligations in this article, the customer shall reimburse the provider for everything paid in that connection, including reasonable legal costs.

12. Features using artificial intelligence

Some features use third-party language models. The output of such a feature is a suggestion, not a decision: writing to the shop or sending anything to a customer requires human confirmation, unless stated otherwise below.

The provider is not liable for the factual accuracy of text produced by a language model. The customer must review the output before using it; this obligation is stated in the application next to every such feature.

An exception is AI Mailing, which, once the customer has expressly switched on live mode for a shop, writes and sends e-mails to contacts on its own within the customer’s settings (scenarios, segments, frequency, templates and brand data). By switching on live mode the customer agrees to automatic sending and is responsible for it in the same way as for e-mails the customer sent personally. Live mode can be switched off or paused at any time. In the trial, AI Mailing sends only to test addresses.

A further exception are writes the customer expressly allows to be carried out without further confirmation, for example for the access key of a connected AI application. The customer is responsible for writes carried out in this way. The AI change log serves to review them and to revert them where the shop allows it; the provider does not guarantee that every change can be reverted.

The provider may restrict, pause or end AI Mailing sending, in particular in case of a high share of undelivered e-mails or complaints, suspected unsolicited e-mail or misuse, a risk to the reputation of the shared sending infrastructure, or a breach of article 11; the provider informs the customer without undue delay. The provider does not guarantee delivery of e-mails to the recipient’s inbox, open rates or any business result of AI Mailing.

13. Liability

The provider is liable for damage caused by breach of its obligations. Compensation is limited to the subscription fees paid for the 12 months preceding the damage.

The limitation does not apply to damage caused intentionally or by gross negligence, nor to injury to life or health.

The provider is not liable for lost profit, lost business opportunity or indirect damage.

The provider is not liable for the consequences of e-mails sent by AI Mailing in live mode according to the customer’s settings, for the consequences of writes the customer allowed without confirmation, for e-mails not being delivered, for the sender being listed on spam lists, for outages of third-party sending services, or for content errors caused by incorrect customer data.

14. Changes to these terms

The provider may amend these terms. Changes are announced at least 30 days before they take effect, by e-mail and on this page.

A customer who does not agree may terminate the contract before the effective date; in that case the proportionate part of the subscription for the unused period is refunded. Continued use after the effective date is deemed acceptance.

The amendment of articles 4 and 10 to 14 of 26 October 2026 applies immediately to contracts concluded from that day; for contracts concluded earlier it takes effect on 25 November 2026.

15. Disputes and governing law

The contractual relationship is governed by the law of the Slovak Republic. The courts of the Slovak Republic have jurisdiction.

The parties undertake to first attempt to settle any dispute by agreement. A consumer may turn to an alternative dispute resolution body; the European online dispute resolution platform is available at ec.europa.eu/consumers/odr.