Terms of use

Last updated: 5th May 2022.

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"). We are registered in England and Wales under company number 13636487 and have our registered office at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX. To contact us, please email info@mistho.io or telephone our customer service line on +49 157 92476384.

Mistho facilitates the day-to-day conclusion of contracts by processing relevant data from your monthly payslips on your behalf, as your agent, and transmitting this data to your selected partner (the “Mistho Service"). Typical partners (“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 broker services. Your selected Partner will, in turn, use and process your data to provide its own services to you or to fulfil its contract with you. You can only use the Mistho Service in conjunction with the service of your selected Partner in order to be able to use their services.

Mistho therefore makes it possible to extract your relevant personal data and to forward it to your selected Partner via secure connection in order to facilitate the your contracts with them or to otherwise benefit from or to receive their services – all without you having to copy, scan and transmit unencrypted payslips.

Scope and About Us

  1. These Terms of Use apply to the use of our website (www.mistho.io) and the Mistho Service, which also includes all other products, services, content and materials provided by Mistho to you or on your behalf to Partners.
  2. Any other terms will not apply to any services provided by us unless we have expressly agreed to them. The Mistho Services are carried out exclusively based on these Terms of Use and by using our website you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our website.
  3. To use the Mistho Services, you must be at least 18 years old. The Mistho Services are supplied for domestic and private use only, not for business use.
  4. If we need 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.

How the Mistho’s Services works

  1. You do not need to set up a user account or to register with us to use the Mistho Services.
  2. We integrate the Mistho Service into the relevant services provided by your selected Partners. When using a Partner’s service, you will be forwarded from their website or user interface to the Mistho user interface. You can recognise this by the fact that a separate Mistho window or pop-up opens, in which you are guided through our validation process.
  3. You can choose between two different options to provide us with your payslip for the validation process:
    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”). At this point, you can select whether you wish for a one-time verification or whether you require a repeated verification, for example on a monthly basis. After the log-in process, we will ask you which payslips you would like to release. By entering this data, we can access the stored payroll information via your selected payroll service. service (“access”).
    In addition, a Partner has the option of informing us in advance which payslips and data it needs to perform its contract with you, including whether one-off or recurring validation is required. 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 our access to and processing of the required payslips and the data contained in them. 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 user interface. By entering this data 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 Partner.
  5. The further use or processing of the data by the Partner within a Partner’s service is exclusively based on the applicable terms and conditions of the Partner and is the sole responsibility of the Partner.

Conclusion of the contract

  1. Each time you use or permit the use of any of the Mistho Services, you create a separate contract with Mistho. Each contract is formed as described in paragraph 3.2. 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 the Mistho Services.
  2. By clicking the "Upload" button, or after entering your log-in data in our user interface provided for this purpose, you authorize 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 the Mistho Service. 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.
  3. The duration of a contract may vary depending upon the nature of the way in which you and the relevant Partner engages with us or uses the Mistho Services. Further details are provided in paragraph 12.

Charges

  1. Mistho does not charge you for the Mistho Services.
  2. Mistho and each Partner have entered into an agreement under the terms of which the Partner pays the charges of the Mistho Service. 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 the Mistho Service.

Your obligations

  1. It is your responsibility to ensure that you are permitted to use and benefit from the Mistho Service under the terms and conditions of your applicable payroll service. It is important that you verify that is the case in advance of authorizing 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. Please see section 8 for further detail.
  4. You agree to use our website and the Mistho Service 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 Mistho services.
  6. 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 or available through our website and associated with the Mistho Services is protected by copyright and other laws, and Mistho or its licensees own all intellectual property rights in the same.
  2. In providing the Mistho Services, and in your use of the Mistho Services, our website and the other content and materials We grant to you a limited, non-transferable, non-sublicensable, personal, non-exclusive, revocable right to use the Mistho Services 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 the Mistho Services for commercial purposes.
  4. You are not authorized 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.
  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 or other technology we use 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 or other technology we make available to you by knowingly or carelessly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful or otherwise attempt to gain unauthorised access to, or otherwise seek to interrupt the operation of, our website or technology facilities and assets.
  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. Mistho endeavour to provide ongoing and continuous access to the Mistho Service where possible but you understand that availability at all times is not guaranteed, both for reasons inside and outside our control.
  2. We may need to suspend the supply of all or part of the Mistho Services (a) for technical reasons, such as necessary maintenance and repair work, (b) to update our products and services, (c) to reflect changes in relevant laws and regulatory requirements, (d) to protect the integrity of our website and operations or (e) where you have breached, or we suspect breach by you, of any part of these Terms of Use.
  3. Where possible we will give advance notice of a suspension of all or part of the Mistho Services [via our website and to the relevant Partners], unless the problem is urgent or an emergency.
  4. We are not responsible for delays or service interruptions outside our control. If our supply of the Mistho Service is delayed or impacted by an event outside our control then we will take reasonable steps to minimise the effect of the delay or interruption. If there is to be a substantial delay or interruption we will notify [this via our website and to the relevant Partners].

Mistho's Liability to you

  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. The remainder of this paragraph 8 applies where nevertheless such loss or damage does occur.
  2. We are responsible to you where (a) we have a contract with you and (b) for foreseeable loss and damage caused by us in connection with that contract. 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 a 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 relevant contract was made, both we and you knew it might happen.
  3. Without limiting paragraph 8.2, 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 and (b) for fraud or fraudulent misrepresentation.
  5. We are not liable for business losses. We only supply the Mistho Services for your domestic and private use. If you use the Mistho Services 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.

Your Liability to Mistho

  1. You release us from all claims, including claims for damages that third parties (including Partners) assert against us, if you have breached your obligations to them by using the Mistho Services. 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.
  2. If you fail to comply with these Terms of Use or a contract, you are responsible for the loss or damage we suffer that is a foreseeable result of you breaking the Terms of Use or a contract, but you are not responsible for any loss or damage that is not foreseeable.

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 contracts 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.
  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 organizational nature and in each case do not affect your use of the services, or (iii) we introduce new services or products that require a description in our Terms of Use and this does not affect your use of the Mistho Services. If the changes under sub-paragraphs (ii) and (iii) do affect your use of the services, paragraph (b) will apply.
    2. We may make a more significant change to these Terms of Use, but if we do so we will aim to 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 Mistho Service 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. 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. Each time you use or permit the use of any of the Mistho Services, you create a separate contract with Mistho. A contract ends with the complete provision of the Mistho Service by Mistho, which may be (depending on the nature of the instructions we receive from the relevant Partner):
    1. after one-time access to your payroll provider;
    2. upon completion of a set number of reoccurring times of access to your payroll provider; or
    3. upon us being informed that access is no longer required or permitted, where we were requested to access your payroll provider on a regular or ongoing basis.
  2. You are entitled to terminate a contract by changing your mind within fourteen (14) days from the date the contract is formed, without giving reasons. This is your “cooling off” period. This right does not apply to a contract if supply of the Mistho Service has commenced or has been completed (such as in relation to one-time access), even if the cancellation period is still running. In order to inform Mistho of the decision to withdraw from the contract please email info@mistho.io or send a letter by post to Mistho Services Limited, 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX.
  3. We may end a contract on reasonable notice to you or 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 the Mistho Service.
  4. You are entitled to terminate a contract under paragraphs 10.2(b) and 13.4.

General Terms

  1. 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.
  2. Changes to a contract between us must be made in writing to be effective and in manner described in these Terms of Use.
  3. Even if we delay in enforcing a 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.
  4. We may transfer our rights and obligations under these Terms of Use or a contract 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.
  5. Nobody else has any rights under these Terms of Use or a contract that is between you and us. No other person shall have any rights to enforce any of its terms although we may take instructions from a relevant Partner in relation to your arrangements with us. 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.
  6. 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.