TERMS OF SERVICE

Hello and welcome to MI DIGITAL.

The entity you are contracting with is MI DIGITAL SERVICES D.O.O., IT services and trade, Bani 30, Buzin, Croatia, and is subject only to Croatian laws and jurisdiction. By using our Services, you are agreeing to these terms. Please read them carefully.

1. Introduction

Thank you for choosing MI DIGITAL (“MI DIGITAL”, ”midigital.eu”, “we”, “us”, “our”). These Terms of Service, the Privacy Policy, the Additional Terms, and all terms and policies posted on our sites, set out the terms on which MI DIGITAL offers you access to, and use of, our: (a) Sites, Content ("Content Services"), (b) Paid services, Pre-paid services, Free-trial services, ("Subscription Services"), (c) Support services ("Support Services"), (d) Update services ("Update Services"), (e) Beta services, ("Beta Services"), collectively "Services".

All policies, including the Privacy Policy, are incorporated into this Terms of Services. You agree to comply with all of the above when accessing or using our Services.

The term “you” (“Subscriber”, “you”, "user") shall include yourself and your employees, and/or other authorised users, to the extent applicable and permitted under your subscription to the Services.

The term "Content" means a creative expression and includes, without limitation, sites, subdomains, web pages, video, audio, photographs, images, illustrations, animations, gifs, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, interactive features, any of which may be generated, provided, or otherwise made accessible on or through our Services.

The term "Subscription Services" represents the for-pay aspects of the Services and do not represent any transfer of any right, title, or ownership interest of any kind.

You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms or by using the Services. If you do not agree to the terms of this agreement, you aren't permitted to use the Services, please do not consume any content, do not create your account, and stop using the Services immediately. In addition, when using certain Subscription Services and/or certain features of the Service, you also may be subject to the guidelines, terms, policies, and agreements applicable to such Services, and/or features (“Additional Terms”). All such Additional Terms are incorporated, by means of reference, into these Terms. If these Terms are inconsistent with any Additional Terms, the terms in the Additional Terms will overrule.

2. Terms

As MI DIGITAL grows and improves, we might have to make changes to these Terms of Service. We're going to keep old versions online so it's easy to see changes. To see old versions, simply scroll down to the end of this document.

We may add or remove functionalities or features, and we may suspend or stop a Service altogether, as we are constantly changing and improving our Services. You can stop using our Services at any time. MI DIGITAL may also stop providing Services to you, or add or create new limitations to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you an advance notice and a chance to get your information out of that Service and save your data

3. Changes to the Terms of Service

From time to time, we may make changes to these Terms, Additional Terms, and/or Policies or introduce new provisions, terms, conditions or agreements governing the use of the Service. We will notify you of changes by posting updates to https://midigital.eu/ and/or by email. By using the Services, you accept these Terms, Additional Terms, and Policies and any modifications that we may make to these Terms, Additional Terms, and Policies from time to time.

Please note that it is your responsibility to review the most recent version of the Terms, Additional Terms, and Policies frequently and remain informed of any changes to it. If you continue to use the Service after we modify the Terms and Policies, you will be deemed to have fully consented to such modified terms for your use of the Service as of the date of the modification. If you do not agree to any provision of these Terms, Additional Terms, or Policies, stop using the Services immediately as you are not allowed to use them.

4. Eligibility

These Services are not intended for users that are consumers (consumer is an individual acting primarily for purposes other than a trade, business or profession) and the applicability of consumer protection legislation is therefore excluded. You must be 18 years of age or older to enter into this agreement and use the Services. You represent and warrant that any information you submit is true and accurate and that you are at least 18 years of age, and are fully able, conscious, and competent to enter into this agreement, and abide by these Terms.

5. Services

MI DIGITAL provides a variety of different services. Additional service-specific terms and policies (including rules and guidelines) apply to some Services (“Additional Terms“). Those Additional Terms become a part of your agreement. For example, if you use our Pre-Paid services, the Pre-Paid Services Terms of Service may apply.

6. Support Services

MI DIGITAL will provide a reasonable level of technical and end-user support, regarding the Subscription services owned by MI DIGITAL, via email and other channels as announced from time to time. Availability and manner of contacting will be published on the MI DIGITAL website and other channels.

7. Update Services

MI DIGITAL will, from time to time, release updates to the subscription Services that improve functionality or address bugs or limitations. Support and updates are only available for any Subscription Service for which you have paid the applicable fees. Furthermore, at your request MI DIGITAL will strive to create updates that address issues identified by you, if reasonable and within the scope of the Subscription Services. Such updates will be owned by MI DIGITAL.

8. Beta Services

The products (the applicable product licensed or made available to you by MI DIGITAL) that are in the beta phase are:

Data Studio Bridge: http://datastudiobridge.com/

They are still under development and testing and MI DIGITAL has not made the product generally available for purchase by its customers.

You confirm that you desire to test and evaluate the product in accordance with the beta plan on a free of charge basis for the beta test period, MI DIGITAL hereby grants you the right to do that under the same terms and conditions herein. You acknowledge that the product is still under development and testing, and that MI DIGITAL has not made the product available as a formal MI DIGITAL product or service.

9. Fees, No Refunds

Fees are due in advance and must be paid in the manner(s) indicated by MI DIGITAL. MI DIGITAL may, once every payment period, adjust the fees for the next payment period.

Subscription Services can be purchased directly from MI DIGITAL or through some third-party payment processors, either by (1) paying a monthly subscription or pre-paid fee (“Pre-Paid Services”); or (2) on a one-time basis (“Paid Services”). When you register for a Paid Services or Pre-Paid Services, you consent to get access to MI DIGITAL Subscription Services immediately.

At the time of your purchase of any Subscription Services, you authorize MI DIGITAL, or its payment-processing third-party partners, to collect from the credit card identified by you (which you warrant and state that you are authorized to use), all applicable fees for your purchase of the Services, including applicable taxes, and you agree that our payment provider can store your credit card information. If MI DIGITAL does not receive all fees in full from your credit card provider, you agree to reimburse us for all amounts upon demand. Also MI DIGITAL may discontinue your access to the Services until we receive a full payment. All sales are final and MI DIGITAL will not provide refunds, including for pre-paid monthly fees. If you choose to setup an automatic recurring payment and decide to end your Subscription Services at a later point, it is your responsibility to cancel the payment. Payments not cancelled in time are not refunded by MI DIGITAL.

10. Termination

Your subscription and payment of the Services for Subscription Services, unless your Paid Services are only setup for a fixed period, will remain in effect and will be renewed automatically at the end of each subscription period, unless you cancel your subscription or we terminate it.

Your subscription and payment will automatically terminate at the end of the agreed period, if your Subscription Services are made for a fixed period. You must immediately stop using the Services and must destroy any copies of it in your possession when your subscription or payment terminates or expires.

Upon expiration of the Beta Test Period or any earlier termination of this Agreement, your license hereunder will automatically go into the Free-Trial Service.

To learn how to terminate your subscription or payment, please contact us through the contact form, which is available on our Contact Us page.

11. Account Registration

You must register to use certain features of the Services. When you register, you agree to (a) provide accurate, current and complete information about you, as may be prompted by the registration forms on the Services (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Services; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete; and (d) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at info@midigital.eu.

12. Free-Trial Services

We may at our sole discretion offer you free trials for selected features of the Services, or a limited time trial period of the entire Service/Services. Once your free trial period ends, your ability to access selected features of our Services will terminate. MI DIGITAL reserves the right to determine if you are eligible for a free trial and to discontinue any free trial without notice at our sole discretion.

13. Pre-Paid Services

If your Subscription Service has been purchased as a Pre-Paid Period, your payment to MI DIGITAL will automatically renew at the end of the subscription period, unless you cancel your Pre-Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and your ability to access selected features of our Services will terminate. However, if you cancel your payment or subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us.

If you have purchased your Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party.

MI DIGITAL may change the price for the Subscriptions Services including the Pre-Paid services (for periods not yet paid for), or free-trial services from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Subscription services will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the MI DIGITAL Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect. Please, therefore, make sure you read any such notification of price changes carefully.

14. Use Restrictions

Your right to use the Service is personal, limited to your internal business purposes and the purpose set out in sections 1 and 4 above, non-transferable, non-exclusive, revocable and subject to your compliance with the Terms and Policies at all times, including your timely payment of all applicable fees for Subscription Services. Without limiting the generality of the foregoing, you will not: (a) access, monitor, or copy any content or information on the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (b) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services; (c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (d) deep-link to any portion of the Services for any purpose without our express written permission; (e) “frame”, “mirror,” or otherwise incorporate any part of the Service into any other website without our prior written authorization; or (f) intentionally or unintentionally violate any applicable local, national, or international law or regulation. We may at any time suspend or terminate your access to the Services, if we have reason to believe that you are not complying with the Terms and Policies or you are otherwise abusing the Services.

15. Third-Party Services, Data and Content

The Services let you to collect data from multiple third-party data sources, platforms, and service providers, including various third-party websites. MI DIGITAL uses its sole discretion to select the third-party service providers, from which the data can be gathered, and we reserve our right to change, discontinue, and select such available sources at any time. MI DIGITAL assumes no liability, whatsoever, for the data or other content collected from third-party services. You are solely responsible for gathering and processing any such data by using the Services and making sure that you have the right to use the Services to do so. In relation to such data or other third-party content and their processing by using the Services, you must obtain any such authorisations and consents as may be required.

The Services may be used as a tool or application to interact with various services and third-party software. You are exclusively responsible for obtaining any necessary licences or consents required for their use and we do not assume any liability for such third-party service providers or their software. You must acquire knowledge of the applicable terms and conditions, including any restrictions on use, that relate to any such third-party services. You agree to comply with such third-party terms and conditions in addition to these Terms and the Policies.

In addition, as a service to those interested in this information, the Services may contain links to content and web pages of third parties. We do not endorse, keep track, adopt, or have any control over, any third-party content or pages. We can make no guarantee as to the accuracy or completeness of any third-party content and undertake no responsibility to update or review it. For example, if you use our Data Studio Bridge to import data from Google AdWords into Google Data Studio, we can make no guarantee as to the accuracy or completeness of that content and undertake no responsibility to update or review it.

Furthermore, please be aware that these Terms will no longer govern, if you follow a link or otherwise navigate away from the Services. When you navigate away from the Service, you should familiarise yourself with any applicable terms and policies, including privacy and data gathering procedures, of any third-party content or service providers. You access and use, at your own risk and discretion, any third-party content. The Service may contain promotions and advertisements from third parties. Your business dealings, correspondence, and participation in promotions, with advertisers other than us, and the warranties, conditions, terms, or representations associated with such dealings, are solely between you and such third party.

16. Rights You Grant Us

In consideration for the rights granted to you under the Terms of Service, you grant us the right (1) to provide advertising and other forms of information to you, (2) to allow the Services to use the storage hardware, bandwidth, and processor on your device, in order to facilitate the functioning of the Services, and (3) to allow our business partners to do the same.

If you provide feedback, comments, suggestions, ideas, or other information, in the form of email or other submissions to us (excluding material that you post on the Services in accordance with these Terms) (collectively “Content”), you acknowledge that the Content is not confidential and you authorize MI DIGITAL to use that Content without restriction and without payment to you.

You grant MI DIGITAL a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. display), publish, translate, modify, create derivative works from, and distribute any of your Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any Content, and your right to object to derogatory treatment of such Content.

17. Trademarks

MI DIGITAL, the MI DIGITAL logos, and any other product or service name or slogan contained on the Services, are trademarks or registered trademarks of MI DIGITAL and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.

18. Ownership and Intellectual Property Rights

We own all rights, titles, and interests, including all intellectual property rights to the Services, and any services available in connection with the Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. All copying, distribution or other use of the Services, except as expressly permitted hereunder, is prohibited without the prior written consent of the relevant rights holders.

19. Privacy Policy and Processing of Data

We process personal data as both 1) data controller; and; 2) data processors on documented instructions from you as the data controller.

As a data controller, we process personal data about you when you sign up for the Service or when you otherwise provide personal information to us in the context of this Agreement. Our collection and use of this information, which we process as the data controller, is described in the Privacy Policy available here.

As a data processor, we process such personal data which you have provided to us for the purpose of providing the Service. This processing of personal data is governed by a separate Data Processing Agreement entered into between you and us in connection with your signing up for the Service.

20. Confidentiality

MI DIGITAL shall keep strictly confidential all non-public information from you it may collect in connection with your use of the Services. No obligation for confidentiality exists regarding any input for suggested updates.

21. Limitation

To the fullest extent permitted by law, in no event will MI DIGITAL, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the MI DIGITAL service, third-party applications, or third party application content, regardless of legal theory, without regard to whether MI DIGITAL has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the MI DIGITAL Services, third-party applications, or third party application content more than the amounts paid by you to MI DIGITAL during the prior twelve months in question, to the extent permissible by applicable law.

The maximum total liability of MI DIGITAL and its suppliers and licensors to you for all claims under these Terms or otherwise in relation to the Service, whether in contract, tort, or otherwise, is EUR 100.

Nothing in the Agreements removes or limits MI DIGITAL’s liability for fraud or fraudulent misrepresentation, caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST MI DIGITAL MUST BE COMMENCED BY FILING AN INDIVIDUAL ACTION WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

22. Disclaimer of Warranties

Your use of the Services, including, without limitation, your interactions and dealings with any service users and your use of any content accessible through the Services is at your sole risk. The Services, including all content available on and through them, are provided on an “as is” and “as available” basis. MI DIGITAL and its licensors and suppliers expressly disclaim all warranties of any kind, both expressed or implied, including but not limited to the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. MI DIGITAL does not warrant uninterrupted operation or use of the Services or access to any content. No information or advice, whether written or oral, obtained by you from the Services will create any warranty regarding MI DIGITAL that is not expressly stated in these terms.

23. Electronic Communications

By using the Services, you consent to receive electronic communications from us. These communications may include information concerning or related to the Services and notices about your account. You agree that any communications, including notices, agreements, and disclosures, that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

24. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the Republic of Croatia, without giving effect to principles of conflicts of law or to the Convention on Contracts for the International Sale of Goods. Any claim, controversy or dispute relating to, or arising out of, this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Croatian Chamber of Commerce. The seat of arbitration will be Zagreb, Croatia, the number of arbitrators will be one, and the language of the arbitration will be Croatian.

25. Business Uses of Our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify MI DIGITAL and its affiliates, officers, agents, and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs, and legal fees.

26. Questions and Contact information

If you have any questions or concerns about the Services, or these Terms, you may contact MI DIGITAL at info@midigital.eu. MI DIGITAL SERVICES D.O.O.