Terms of use

The following terms of use ("Terms of Use") are applicable for the contract between Mistho Services Limited, (hereinafter also "Mistho" or "we") and the User (hereinafter also "user" or "you").

Mistho facilitates the day-to-day conclusion of contracts by processing your relevant data from your monthly payslips on your behalf as your agent and transmitting this data to your selected partner ("the Mistho service"). The partner in turn will use and process your data to provide its own services to you or to fulfil its contract with you.

Scope and About Us

  1. These Terms of Use apply to the use of our website www.mistho.io and the Mistho service as well as all other products and services, including all content and materials, provided by Mistho (“our services”).
  2. Any other terms will not apply to any services provided by us unless we have expressly agreed to them. Our services are carried out exclusively based on these Terms of Use.
  3. Our services are supplied for domestic or private use only, not for business use.
  4. To use our website and our services, you must be at least 18 years old.
  5. We are Mistho Services Limited, a limited liability company with company number 13636487 and registered office at 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom. You can contact us by writing to us at info@mistho.io.
  6. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us.
  7. You can only use the Mistho service in conjunction with the service of a third party partner (each a "partner") in order to be able to use their services (each a "partner service"). Typical partners are financial service providers and intermediaries, that you have selected to engage with, for example, for the supply of rental, leasing, purchase, credit or brokerage services.
  8. Mistho provides the relevant partner with what is known as an application programming interface, or API for short, via which your relevant data can be exchanged. Mistho thus provides an efficient and secure means of data exchange for you and the partner, without you having to copy, scan and transmit unencrypted salary data and slips to the partner yourself.
  9. The partner concludes agreements via the partner service with you separately. In addition, Mistho and the relevant partner have entered into a cooperation agreement, under the terms of which the partner pays the costs of the Mistho service.

Mistho’s services

  1. You can use our services without registering or having a user account with Mistho.
  2. We integrate the Mistho service into the relevant partner service. When using the relevant partner service, you will be forwarded from their front end (user interface) to the front end of Mistho. You can recognize this by the fact that a separate Mistho window or pop-up opens, in which you are guided through our validation process.
  3. You have the option of choosing between two different options to provide us with your payslip for further processing:
    1. Manual upload of your payroll - you can provide us with your payslip using an upload function.
    2. Log-in via your payroll service - you can log-in via your payroll service and provide us with your payslip.
    Payroll services are portals or services through which you can access your monthly payslips, income tax certificates and social security certificates, amongst other things.
    As soon as you have selected your payroll service, you can enter your log-in data on our user interface (your “credentials”). After the log-in process, we will ask you which payslips you would like to release. By entering this data in the mask, we can access the stored payroll information via your selected payroll service (“access”).
    In addition, the relevant partner has the option of informing us in advance which payslips and data it needs to perform its contract with you. As part of our process, we will inform you which payslips the partner needs from you. Before you can log in to your payroll service, you must expressly approve the required payslips and agree to the processing of such. If you agree to the processing of the data required by the relevant partner, you can select your payroll service and enter your credentials in the mask. By entering this data in the mask provided for this purpose, we can access the stored payslip(s) via your selected payroll service.
  4. Only after you have expressly agreed to the processing of the relevant payslips will we process those payslips and forward them to the relevant partner.
  5. The further use or processing of the data by the relevant partner within the partner service is exclusively based on the applicable terms and conditions of the partner and is solely the responsibility of the partner.

Conclusion of the contract

  1. Your use of the Mistho website is subject to these Terms of Use. Each time you use the Mistho website, you confirm that you accept and agree to these Terms of Use, and agree to comply with them. If you do not agree to these Terms of Use, you must not use our website.
  2. Each time you use any of our services, you create a separate contract with Mistho. Each contract is formed as described in paragraph 3.4. Each contract is subject to these Terms of Use. You confirm that you accept and agree to these Terms of Use, and agree to comply with them. If you do not agree to these Terms of Use, you must not use our services.
  3. By accepting these Terms of Use you expressly give your consent to the processing of your data from the payslip(s) (see paragraph 12 “How we will use your personal data” for more information on this).
  4. By clicking the "Upload" button, or after entering your log-in data in our mask provided for this purpose, you authorise and instruct us as your agent to process your data and transmit it to the relevant partner. This represents a legally binding offer on your part. Your offer is deemed to have been accepted by Mistho when we start to carry out our services. The contract and relationship of principal and agent between you and Mistho is considered to be formed and come into existence at this point in time.

Remuneration

  1. Mistho does not charge you for using the Mistho services. A partner can, but is not obliged to, pass on any cost to you for using the Mistho service. We have no influence over whether and to what extent a partner requires payment from you for the provision of services.

Your obligations

  1. It is your responsibility to ensure that you are permitted to use our services under the terms and conditions applicable to your applicable payroll service. It is important that you verify that is the case in advance of authorising us to act as your agent.
  2. You warrant and represent that:
    1. the credentials and any payslips you provide access to are owned by you and you have the right to use them for the purposes described in these Terms of Use;
    2. you have obtained the consent of your applicable payroll service to use your credentials and any payslips you provide access to for the purposes described in these Terms of Use;
    3. you have obtained any other consent, right, authority or permission required to use your credentials and any payslips you provide access to for the purposes described in these Terms of Use; and
    4. your use of your credentials and any payslips you provide access to for the purposes described in these Terms of Use does not violate any contractual or other obligation that you have to any applicable payroll service or any other third party.
  3. You acknowledge and agree that you are responsible for your own obligations and liabilities to any applicable payroll service and any other third party in respect of your credentials and any payslips you provide access to. We are not responsible in any way whatsoever in respect of your relationship, or any agreement you have, with any applicable payroll service. We go into more detail on this point in paragraph 9.3 below.
  4. You agree to use the services offered by Mistho only in accordance with our intended purpose.
  5. You agree not to violate any law or regulation in connection with the use of the Mistho website or any of our services.
  6. Using the Mistho website or any of our services for illegal purposes is prohibited. Attacks on the functionality of Mistho's services are also prohibited, i.e., for example, but not limited to, hacking attempts, the use of espionage software, viruses, etc.
  7. Your right to use our website will cease, and Mistho reserves the right, in its sole discretion, to suspend or terminate your use of our services, if there is reason to believe that you have breached the obligations, warranties and representations in this paragraph 5.

Copyrights, other property rights and our website

  1. All content and materials (including logos, images, software, graphics and texts) on our website and associated with our services is protected by copyright laws and treaties around the world. All intellectual property rights in this content and materials belong exclusively to Mistho or our licensees. All rights are reserved.
  2. We grant to you a limited, non-transferable, non-sublicensable, personal, non-exclusive, revocable right to use our services, materials and content in accordance with these Terms of Use.
  3. You must not modify the paper or digital copies of any materials you have printed off or downloaded from our website or our services in any way, and you must not use any images, illustrations, photographs, video or audio sequences, graphics or logos separately from any accompanying text. You must not use any part of the content or materials from our website or our services for commercial purposes.
  4. You are not authorised to edit, modify, change, reproduce, distribute or use our application programming interface for purposes other than as permitted under these Terms of Use.
  5. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
  6. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
  7. We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
  8. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
  9. Our website, materials and services may contain names, trade marks and/or logos of third parties. These names, trade marks and logos are used only to identify those partners which are currently compatible with Mistho. All rights in the names, trade marks and logos of such third parties remain solely and exclusively with their respective owners.
  10. Nothing is intended to, or shall be deemed to, establish any partnership or joint venture between Mistho and any partner, constitute either Mistho or any partner the agent of the other, or authorise either Mistho or any partner to make or enter into any commitments for, or on behalf of, the other.
  11. Where our website, materials and services contain links to other websites, resources or services provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites, resources or services, or information you may obtain from them. We have no control over the contents of those websites, resources or services.
  12. Your right to use our website will cease, and Mistho reserves the right, in its sole discretion, to suspend or terminate your use of our services if we believe that your conduct breaches this paragraph 6, and you must, at our option, return or destroy any copies of the content or materials you have made.

Access to our Services and Changes

  1. We will provide the services to you as set out in these Terms of Use and on our website.
  2. Mistho endeavours to provide continuous access to the Mistho service and other services or products (i.e. 365 days a year and 24 hours a day) where possible. However, availability at all times is expressly not guaranteed.
  3. We may have to suspend the supply of all or part of our services to you (a) for technical reasons, such as necessary maintenance and repair work, (b) to update the relevant services to reflect changes in relevant laws and regulatory requirements, or (c) to make changes to the product as requested by you or notified by us to you. Your remedy for any such suspension is detailed in paragraph 7.4.
  4. We will contact you in advance to tell you we will be suspending all or part of a service, unless the problem is urgent or an emergency. You may contact us to end the contract for the relevant service if we suspend it, or tell you we are going to suspend it.
  5. We are not responsible for delays outside our control. If our supply of a service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the relevant contract.

If there is a problem with our services

  1. If you have any questions or complaints about the product, please contact us. You can contact our customer service team info@mistho.io.
  2. We are under a legal duty to supply services that are in conformity with your contract with us.

Mistho's Liability

  1. In providing the Mistho service, we of course do not intend to, and cannot readily foresee circumstances in which we would, cause financial or other loss or damage for you or your partner(s). The remainder of this paragraph 9 applies where nevertheless such loss or damage does occur.
  2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
  3. Without limiting paragraph 9.2, we will provide the Mistho service on the basis that you have complied with paragraph 5 (and these Terms of Use more generally), and so consider that any liability that you incur as a result of any breach by you of paragraph 5 would be unforeseeable.
  4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, (b) for fraud or fraudulent misrepresentation, and (c) for breach of your legal rights in relation to our services.
  5. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Release from Liability

  1. You release us from all claims, including claims for damages, that third parties, including authorities and partners, assert against us, if you have breached your obligations to them by using Mistho. In this case, you assume all reasonable costs, including the reasonable costs incurred for legal defence, which we incur as a result of your breach of the rights of third parties for which you are responsible.

Changes to our Terms of Use

  1. We are entitled to change, adapt or add to these Terms of Use at our sole discretion. The amended Terms of Use will only apply to new contract which are formed after the date of the relevant change(s). Contracts in existence at the date of the relevant change(s) will not be affected. These Terms of Use were last updated on 22.09.2021.
  2. If we have to change some or all of the provisions of these Terms of Use for a contract in existence at the date of the relevant change(s), the following applies:
    1. We may adapt or change these Terms of Use if (i) the changes or adjustments are necessary to comply with applicable laws, regulations or a court ruling or a decision by the authorities; (ii) the changes or adjustments have no significant impact on the functions of the services or are of a purely technical or organisational nature and in each case do not affect your use of the services, or (iii) we introduce new services that require a description in our Terms of Use and this do not affect your use of the services. If the changes under sub-paragraphs (ii) and (iii) do affect your use of the services, paragraph 11.2.2 will apply.
    2. We may make a more significant change to these Terms of Use, but if we do so we will notify you at least 30 days before the changes come into force. You may contact us during this time to end the relevant contract before the changes take effect. If, however, you continue to access or use the services after the respective notification period has expired, you acknowledge and agree that you will be bound by the Terms of Use as amended. In our communication to you, we will inform you about your right of termination, the deadline and the consequences of your failure to contact us.

How we will use your personal data

  1. The security of your data is important for us. We see the Mistho service as offering in effect a secure mechanism for you to exercise your data access and data portability rights under applicable data protection law. Because we act as your agent, we will process your personal data exactly as you instruct us to, in order to facilitate your relationship with your partner. You can find more information about the handling of personal data and data security in our separate privacy policy.

Right to end a contract

  1. Every time the Mistho service is used, a separate contract subject to the provisions of these Terms of Use is formed between Mistho and you as the user. This contract ends with the complete provision of the service by Mistho.
  2. You are entitled to terminate a contract by changing your mind with fourteen (14) days, in accordance with paragraph 13.6. This is your “cooling off” period. This right does not apply to a contract once our services have been completed, even if the cancellation period is still running.
  3. We may end a contract if you break it. We may end a contract at any time by writing to you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our services.
  4. You are entitled to terminate a contract under paragraphs 7.4, 7.5, 11.2.2, and 14.5.
  5. Right to change your mind (your “cooling off” period)
    1. You have the right, in accordance with the statutory provisions, to change your mind and withdraw from this contract within 14 (fourteen) days without giving reasons (your “cooling off” period). The “cooling off” period is 14 (fourteen) days from the day the contract is formed (as described in paragraph 3.4). In order to exercise the right to change your mind, you must inform Mistho of the decision to withdraw from the contract by means of a clear declaration by e-mail or a letter sent by post. You can use the cancellation form below for this purpose.
      The notification must be sent to:
      Mistho Services Limited
      27 Old Gloucester Street, London, WC1N 3AX, United Kingdom
      info@mistho.io
      Model cancellation form during “cooling off” period
      I / we (*) hereby revoke the contract concluded by me / us (*) for the provision of the following service (*)
      signed on [...]
      Name of the consumer (s)
      Address of the consumer (s)
      Signature of the consumer (s) (only when notified on paper)
      Date: [...]
      (*) Delete where inapplicable.

Final provisions

  1. Should one of the contractual provisions or an agreement concluded on the basis of this contract be ineffective, Mistho and the user will immediately replace this by way of the supplementary provision that comes closest to the purpose and economic result of the ineffective provision. In case of doubt, the ineffective provision is deemed to be replaced by such supplementary provision. The effectiveness of the remainder of the contract or the agreement remains unaffected.
  2. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  3. Ancillary agreements and changes to the contract must be made in writing to be effective. This formal requirement cannot be revoked or overridden either verbally or tacitly.
  4. Even if we delay in enforcing the contract between us, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
  5. We may transfer our rights and obligations under these Terms of Use to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it.
  6. Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any third party in order to end the contract or make any changes to these Terms of Use.
  7. The place of performance is the UK.
  8. These Terms of Use are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.