Terms and Conditions of MITRA
Last updated: [Date]
These Terms and Conditions (“Terms”) govern your use of the MITRA online platform and services provided by RS Community App UG (haftungsbeschränkt), a company incorporated in Berlin, Germany (“MITRA”, “we”, “us” or “our”). By creating an account or using MITRA, you agree to be bound by these Terms in a legally binding “click-wrap” agreement. Please read them carefully. If you do not agree, you must not use the service.
1. Scope of Service and Accounts
1.1 Description of Service. MITRA is a digital community platform that enables users to connect, communicate, and participate in community events and services, which may include both online digital services and, in the future, in-person events or activities. MITRA does not offer financial services and does not hold or escrow user funds; any payments for MITRA’s services or events are processed by third-party payment processors on our behalf. This means that MITRA itself never takes possession of your money – payments are securely handled by external providers under their terms and policies. If you make a purchase or payment through MITRA, you may be subject to the payment provider’s terms, and MITRA is not responsible for the acts or omissions of those third-party processors.
1.2 Eligibility and Age Restrictions. You must be legally capable of entering into a contract to use MITRA. If you are an individual (consumer), you must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. Minors aged 13 to 17 may only use MITRA under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms on the minor’s behalf. The service is not directed to children under 13, and we do not knowingly collect personal information from anyone under 13 years of age, in compliance with the U.S. Children’s Online Privacy Protection Act (COPPA). If we become aware that a child under 13 has provided us with personal data, we will delete it as soon as possible, and we may suspend or terminate the child’s account. By using MITRA, you represent that you meet these age requirements. If you are using MITRA on behalf of a company or other legal entity (as a business user), you represent that you have authority to bind that entity to these Terms, and “you” in these Terms will refer to that entity.
1.3 Account Registration and Security. To use certain features, you may need to create an account. You agree to provide accurate, current, and complete information during registration and keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you believe your account has been compromised or accessed without authorization, you must notify us immediately. We reserve the right to suspend or disable any account we reasonably suspect to be involved in fraudulent or unauthorized activity, or that violates these Terms.
1.4 Consumer vs. Business Use. MITRA is available to both consumers and business users. If you are using MITRA as a consumer (i.e. for purposes outside your trade, business, or profession), you have certain rights under consumer protection laws as described in Section 3 below. If you are using MITRA as a business or on behalf of one, you will ensure that your use is for legitimate business purposes and in compliance with all applicable laws.
2. Acceptable Use and Content Rules
2.1 User Conduct Expectations. By using MITRA, you agree to use the service only for its intended purposes and in accordance with all applicable laws and these Terms. You are responsible for your own conduct and any content or material that you upload, post, or transmit via MITRA. You must not misuse MITRA or help anyone else do so. In particular – and without limiting other obligations – you agree NOT to:
Violate Laws or Rights: Use the service for any unlawful purpose, or post or share any content that is illegal, infringes anyone’s intellectual property, privacy or other rights, or that you do not have the right to share. This includes (but is not limited to) content that is defamatory, violates copyright or trademark rights, or discloses personal data of others without consent.
Harass or Harm: Post content that is abusive, harassing, threatening, or that advocates violence or hatred against others. Hateful content targeting protected groups or content that constitutes unlawful hate speech is strictly prohibited.
Offensive or Prohibited Material: Distribute any obscene, pornographic (especially any content involving minors, which will be reported to authorities), extremely violent, or otherwise objectionable content that violates common decency or our community guidelines (if applicable).
Fraud or Deception: Engage in fraud, impersonation of any person or entity, phishing, scams, or any deceptive practices. You must not use MITRA to mislead anyone or promote illegal products, services, or schemes.
Security Violations: Attempt to interfere with or disrupt the integrity or proper functioning of MITRA. This includes not introducing viruses, malware, or any other harmful code; not attempting to hack, gain unauthorized access to, or overload the platform; and not scraping or collecting information from the service using automated means without permission.
Spam and Misuse: Do not send unsolicited or bulk communications, advertisements, or spam through MITRA. Do not use MITRA for data mining, harvesting of email addresses or contact information, or any use that could damage, disable, or impair the service or others’ ability to use it.
These rules are critical to maintaining a safe and fair community on MITRA. We reserve the right to remove or restrict content that violates the above (or any other provision of these Terms) and to suspend or terminate accounts associated with such violations, as detailed in Section 5 below. We will enforce these restrictions in a diligent, objective and proportionate manner, with due regard for users’ fundamental rights such as freedom of expression.
2.2 User-Generated Content and License. MITRA may allow you and other users to create, post, and share content such as text, images, videos, profiles, messages, and other materials (“User Content”). You retain ownership of the intellectual property rights in the User Content that you create and share on MITRA. However, to operate the service, we require certain usage rights to that content. By submitting or posting User Content on MITRA, you grant us a limited license to use, host, store, reproduce, modify (for technical purposes, such as formatting or transcoding), publicly display, distribute, and translate your content as needed to provide the MITRA service to you and other users. This license is non-exclusive, worldwide, royalty-free, and revocable, solely for the purpose of operating, improving, and promoting the MITRA platform and services. We will not use your content outside of providing the service without your permission – for example, we will not sell your content to third parties or use it in our own marketing materials without additional consent. This license lasts for as long as your content is available on MITRA. If you remove your User Content or delete your account, our license to that content will generally end within a reasonable period necessary to fully remove the content from our systems and backups. (Note: removal of content you shared publicly or with other users may not immediately or completely erase all copies, especially if others have re-shared or stored your content.)
Importantly, we do not claim ownership over your User Content, and nothing in these Terms restricts your rights to use your own content elsewhere. You are free to share your content outside of MITRA as you wish. By providing any User Content, you represent and warrant that you have all necessary rights to grant us the above license and that neither your content nor your posting of it on MITRA will violate any law or anyone’s rights.
2.3 Feedback. If you submit ideas, suggestions, or feedback about MITRA or our services (“Feedback”), you agree that we can use and implement such Feedback without restriction or compensation to you. Any Feedback you provide is entirely voluntary, and we may use it to improve our services. (This does not affect any rights you may have under data protection laws in providing personal data as part of feedback.)
3. Consumer Rights and Special Terms (EU and Germany)
MITRA is committed to fair terms and compliance with consumer protection laws. If you are a consumer in the European Union or specifically in Germany, the following additional terms apply to you. In case of any conflict between this Section 3 and other provisions of these Terms, this Section will take precedence for EU/German consumers.
3.1 No Unfair Terms (EU/Germany). These Terms are intended to be fair and transparent. We avoid any contract terms that are unjustifiably one-sided to the detriment of consumers, in accordance with EU Directive 93/13/EEC on unfair terms and the German Civil Code (Bürgerliches Gesetzbuch, “BGB”). In particular, if you are a consumer, none of the clauses in these Terms will be interpreted to deprive you of mandatory rights or remedies you have under your local law. If any provision of these Terms is found to be invalid or unenforceable under applicable consumer law, it shall be modified or interpreted to the minimum extent necessary to comply with the law, and the rest of the Terms shall remain in effect.
3.2 Right of Withdrawal (EU Consumers). If you are a consumer residing in the European Union, you have a legal right to withdraw from (cancel) certain contracts you conclude with us, without giving any reason, within 14 days as described below. This right of withdrawal applies, for example, to paid services or subscriptions you may purchase from MITRA via distance (online) contract. It does not apply to business users or to free use of MITRA’s basic services.
Withdrawal Period: The withdrawal period is 14 days from the day of the conclusion of the contract (e.g. 14 days from when you sign up for a paid service or subscription). If our contract is for the supply of digital content not supplied on a tangible medium (e.g. access to online content), or for services, the period is 14 days from the day of contract conclusion unless otherwise specified by law.
How to Exercise the Right: To exercise your right of withdrawal, you must inform us of your decision to withdraw before the 14-day period expires. You may do so by sending us a clear statement (e.g. a letter sent by post or e-mail) at the contact@24mitra.com. You may (but are not obliged to) use the Model Withdrawal Form provided at the end of these Terms to notify us of your withdrawal. If you send your withdrawal notification by email or post, it is sufficient that you dispatch the communication before the 14-day period has expired.
Effects of Withdrawal: If you withdraw from a contract within the 14-day period, we will refund all payments we received from you for that contract, including any standard delivery costs if applicable, without undue delay and no later than 14 days from the day we receive your withdrawal notice. We will use the same means of payment for the refund that you used for the initial transaction, unless we have expressly agreed otherwise with you. You will not incur any fees from us for the refund. If the contract was for a service and you requested to begin the service during the withdrawal period, or if it was for digital content that you began downloading/using during the withdrawal period, please note the following:
Liability for Services Used: For service contracts, if you requested that the service begin before the withdrawal period ended (e.g. you asked us to start the service immediately), then if you later exercise the right of withdrawal, you must pay for the portion of the services provided up to the time you informed us of your withdrawal. This amount will be in proportion to what has been provided, in comparison with the full coverage of the contract.
When the Right of Withdrawal is Lost: If the contract is for digital content not supplied on a tangible medium (e.g. purely digital services or downloads), you will lose your right of withdrawal once the performance (delivery) of the digital content has begun with your prior express consent and your acknowledgment that this will void the right of withdrawal. In practice, this means that if you purchase access to certain digital content on MITRA and you ask us to make it available immediately (within the 14 days) and we do so, you cannot later cancel and get a refund once the download or streaming has started, because you will have waived the withdrawal right. Likewise, for service contracts, if you request us to begin the service within the 14-day withdrawal period and we fully perform the service within that period, you lose the right to withdraw once the service is fully delivered (with your consent and acknowledgment of this consequence). We will obtain your express consent to waive the withdrawal right when applicable (for example, by having you check a box or click a consent when you sign up for immediate service or digital content access), in accordance with EU law.
Exceptions: The right of withdrawal does not apply to certain types of contracts, such as those for financial services, accommodation or transport on specific dates, leisure activities on specific dates, or any other exceptions provided in Article 16 of the EU Consumer Rights Directive or applicable national laws. It also does not apply to contracts with consumers who are not residents of an EU member state.
Model Withdrawal Form: The following form may be used to exercise your withdrawal right by filling it out and sending it to us by mail or email. (Completion of this form is not mandatory – you can send a written notice with the same information.)
— To: RS Community App UG (haftungsbeschränkt), Kolonnenstraße 8, 10827 Berlin, Germany; E-Mail: contact@24mitra.com
— I/We hereby give notice that I/We withdraw from my/our contract for the provision of the following service/digital content: [describe what service or content is being withdrawn from]
— Ordered on [date]/Received on [date]
— Name of consumer(s): [Your name]
— Address of consumer(s): [Your address]
— Signature of consumer(s): (only if this form is sent by paper)
— Date: [Date of signing]
If you withdraw using this form or otherwise, we will communicate to you an acknowledgment of receipt of such a withdrawal on a durable medium (e.g. by email) without delay.
3.3 Statutory Warranty Rights (German Consumers). If you are a consumer in Germany, the services and digital content we provide to you come with statutory rights under the German Civil Code regarding defects and conformity. In the event of a defect or lack of conformity in a digital service provided for a fee, you are entitled to have the defect remedied or to other remedies in accordance with §§ 327 et seq. BGB (implementation of the EU Digital Content Directive). Nothing in these Terms limits or excludes these statutory rights. We operate in compliance with German consumer protection laws, including the provisions of the BGB and the Einführungsgesetz zum BGB (EGBGB) relating to consumer contracts.
3.4 Language and Jurisdiction for EU Consumers. We aim to provide these Terms in clear, plain language. If these Terms (or any portion of them) are provided in multiple languages, the version in the language you agreed in (e.g. English) governs, unless otherwise required by law. As an EU consumer, you are entitled to the benefit of any provisions of the law of your country of residence which are more favorable to you than the provisions of German law (our chosen law). See Section 9.2 below regarding governing law and jurisdiction.
4. Content Moderation and Platform Management
4.1 Content Moderation Policy. MITRA is an intermediator of user-generated content, and we take content moderation seriously to maintain a safe and lawful community environment. By using MITRA, you understand and agree that we may monitor, screen, remove, or disable access to User Content that we determine, in our reasonable discretion, violates these Terms or is illegal or harmful. Our content moderation practices include the use of both automated tools/filters (algorithmic content detection) and human review procedures to identify content that may violate our rules or applicable laws. For example, we may employ automated systems to detect known child sexual abuse material or malware, and we may have staff review reported posts for hate speech or harassment.
We impose and enforce specific restrictions on the use of our service and content that users may provide, as described in Section 2.1 (Acceptable Use). In summary, types of content that are not permitted on MITRA include content that is illegal, infringing, harassing, hateful, obscene, or otherwise violates our rules and policies or the rights of others. The rationale behind these restrictions is to protect users, comply with legal obligations, and foster a respectful community. We enforce our policies through measures such as content removal, account suspension or termination, and other remedial actions as appropriate.
MITRA will act diligently, objectively, and proportionately in applying and enforcing these content rules, with due regard to the rights and legitimate interests of all parties, including users’ fundamental rights (such as freedom of expression and information). We do not remove or restrict content simply because it is unfavorable or controversial if it does not violate our Terms or the law. However, when content is found to violate our standards or legal requirements, we will take appropriate action as described here.
4.2 Notice of Content Removal and Reasons. If we restrict access to or remove any of your content, or we suspend or terminate your account, we will inform you of the decision and the reason for it – either at the time of taking action or via a notification afterward. We will typically provide this notice via email or in-app message, outlining which rule or legal requirement we believe the content or behavior violated. (In some cases, we may be unable to provide detailed information if doing so could violate the law or someone else’s rights, or if we are prevented for legal reasons such as a law enforcement order.)
4.3 Appeal / Internal Complaint Process. We have an internal complaints-handling system to review moderation decisions. If you believe your content was removed or your account was suspended in error or unfairly, you have the right to appeal that decision. You can do so by contacting MITRA support at [appeals contact, e.g. an email or a form link] within a reasonable time of receiving the moderation notice (for example, within 15 days). Please provide the details of the contested decision and your reasons. We will assign a different reviewer (where possible) to re-examine the content or issue and inform you of the outcome of your appeal (decision upheld or reversed) and the reasoning within a reasonable timeframe. This internal complaint process is provided free of charge. If we discover a mistake in our initial decision, we will promptly reverse it (e.g. restore removed content or reinstate your account) unless restoration is not possible (for example, if you deleted the content or account yourself).
If you are not satisfied with the result of your appeal and you are an EU user, you may further seek out-of-court dispute resolution through an independent dispute body certified under Article 18 of the Digital Services Act (if available) or pursue any other remedy under law, including judicial recourse. We will comply with any final decisions of such bodies or courts as required by law.
4.4 Notices of Illegal Content (Notice and Action). If you become aware of content on MITRA that you believe is illegal (for example, content that is unlawful hate speech, defamatory, depicts illegal activity, etc.), or that otherwise violates these Terms, you can notify us by using the “Report” feature next to the content (if available) or by sending an email to [report@mitra.example] with details. Please include information reasonably sufficient for us to identify the content (such as the URL or post ID, description of the content, and why you believe it is illegal or violates our rules). Upon receiving a sufficiently precise and adequately substantiated notice, we will expeditiously investigate and, if appropriate, remove or disable access to the reported content in accordance with applicable law. We may reach out to the reporting party for clarification if needed. Consistent with the EU Digital Services Act, we will inform the user who provided the content about any removal or disabling we carry out due to a notice of illegal content, providing reasons and information on how they can appeal, unless prohibited by law or if the user is unreachable.
4.5 Transparency. MITRA will strive to be transparent about its content moderation. We may publish reports or information about the number and nature of content removals, account suspensions, user appeals and their outcomes, and government or court orders we receive, as required by the Digital Services Act or other laws. Our Terms and policies (including these content moderation rules) are available to the public in an easily accessible format, and we will notify users of any significant changes (see Section 9.1).
4.6 Minors on the Platform. Although MITRA is not directed to children under 13 (who are not permitted to use the service at all), it is possible that our platform may be used by some minors over 13. We are conscious of the need to protect minor users. If our service is or becomes primarily directed at minors or predominantly used by them, we will endeavor to explain conditions and restrictions in a way that minors can understand, and to implement appropriate protective measures (for example, stricter content filtering for accounts identified as minors).
4.7 Reporting Misuse. If you believe any user is misusing MITRA or violating these Terms, please report it to us. Responsible community reporting helps us keep MITRA safe and enjoyable for everyone. Users who repeatedly violate content rules or receive multiple valid complaints may face stronger enforcement actions, up to permanent banning.
5. Privacy and Communications
5.1 Compliance with Privacy Laws. Protecting your privacy and personal data is very important to us. We process personal information in accordance with the EU General Data Protection Regulation (GDPR), the German Telecommunication-Telemedia Data Protection Act (TTDSG), the California Consumer Privacy Act (CCPA) (for U.S. users where applicable), and other applicable data protection laws. For details on what data we collect and how we use, share, and protect it, please see our Privacy Policy [link], which is hereby incorporated into these Terms. By using MITRA, you also agree to the terms of our Privacy Policy.
5.2 Communications Content and Monitoring. MITRA may offer communication features such as messaging, forums, or voice/video calls between users. We respect the confidentiality of communications as required by law; for example, in Germany, we follow the principles of telecommunications secrecy and the TTDSG which protect the privacy of your communications. MITRA will not access or listen to the content of your private communications (such as private messages or calls) except as permitted by law. Generally, we will only access, monitor, or disclose such communications when it is necessary to provide and maintain the service, or if we have a legitimate need to do so such as: (a) when you give us consent (for example, for customer support or safety verification purposes); (b) to detect or prevent security incidents, fraud, spam, or abuse; (c) to comply with legal obligations (such as investigating illegal activities or responding to lawful warrants); or (d) to enforce these Terms (for instance, if we receive reports of serious violations occurring in private messages, we may review those messages). Any monitoring is performed in accordance with applicable law and with respect for your privacy rights. We do not monitor user communications for marketing purposes or any other purpose not mentioned above.
By using MITRA’s communication tools, you acknowledge that MITRA may process data relating to your communications as described and that we may be required to retain certain communications metadata (such as timestamps and participants) for legal compliance. We will not disclose the content of communications to third parties except to service providers under equivalent confidentiality obligations, or as required (for example, to law enforcement under proper process). Please note that communications between you and MITRA’s own customer support are not private from us (obviously, since you are communicating with us), and we may retain those for records.
5.3 Data Security. We implement technical and organizational measures to secure your personal data and communications. However, you understand that no system is perfectly secure. Please use caution in what information you share on MITRA, especially in public areas. If you have any questions about privacy or data security, contact@24mitra.com as provided in the Privacy Policy.
5.4 Cookies and Device Data. MITRA may use cookies or similar tracking technologies on its website/app as described in our Cookie Policy (or Privacy Policy). Where required by law (e.g. in the EU), we will obtain your consent for non-essential cookies. By using MITRA, you acknowledge our use of cookies as described in those policies.
5.5 Electronic Communications from Us. By creating an account, you consent to receive electronic communications from MITRA (for example, via email or in-app notifications). These communications may include account-related messages (e.g. verification, receipts, technical or security notices) and, if you opt-in, promotional messages. You can opt out of marketing emails at any time by using the unsubscribe link, but note that you cannot opt out of essential service or legal notices.
For further information on how we communicate with users and how you can manage your communication preferences, please refer to our Privacy Policy and any settings in your account.
6. Suspension, Termination and Changes
6.1 User Termination. You are free to stop using MITRA at any time. You may delete your account through the account settings (if available) or by contacting us at support. If you delete your account, these Terms (and your rights under them) will terminate, except for any sections that by their nature should survive (see Section 9.5). If you have a paid subscription, you should cancel it before deleting your account to avoid further charges. Upon termination by you, we will cease providing services to you, and you will lose access to any data or content in your account (so please back up any data you wish to keep before terminating).
6.2 Our Suspension or Termination Rights. We do not seek to terminate contracts or accounts without good cause, especially for consumer users. However, we reserve the right to suspend or terminate your access to MITRA (in whole or in part) under the following circumstances: (a) if you seriously or repeatedly breach these Terms or any applicable laws (for example, posting illegal content, engaging in harassment, or other misconduct); (b) if we are required to do so by law or at the order of authorities (for example, if a court or regulator directs us to shut down certain services or content); (c) for fraud prevention or security reasons (for example, if we detect unauthorized access to your account or suspect your account is compromised or involved in fraud); or (d) if we discontinue the service (for example, if we decide to shut down MITRA entirely, as described below). In non-emergency situations, we will give you notice (e.g. via email) of our intent to terminate or suspend your account or a service, and, where appropriate, an opportunity to cure any curable breach, before taking action. In cases of severe violations or urgent harm, we may suspend first and notify you immediately afterward.
If we terminate your account or usage rights due to your breach of these Terms or misconduct, we may terminate the contract with immediate effect (i.e. without observing a notice period), as such termination would be based on good cause (wichtiger Grund under § 314 BGB). If you have paid for services that are terminated for your breach, you will not be entitled to a refund for any unused portion (except where required by law). If we terminate without cause (for instance, discontinuing the entire service or removing a feature not due to your fault), and you have paid for a service in advance, we will refund any prepaid amounts for the period after termination.
6.3 Discontinuation or Changes to Services. MITRA may modify, update, or discontinue certain features, functionality, or the availability of the service altogether. We reserve the right to cease operations of the platform, but if we do so, we will provide users with reasonable advance notice where possible so you can download your content or make alternative arrangements. We will also refund any prepaid fees for services that are not delivered due to a discontinuation of the service, unless the discontinuation is due to circumstances outside our control (see Section 6.5 on Force Majeure).
We may also update or change these Terms from time to time. If a change to the Terms is material and affects your rights or obligations, we will notify you in advance in a clear and prominent manner (for example, by email or an in-app notification) at least 15 days before the change takes effect, except if a longer period is required by applicable law. Your continued use of MITRA after the effective date of the updated Terms will constitute your acceptance of the changes. If you do not agree to the updated Terms, you have the right to stop using the service and terminate your account before the new Terms apply. (For minor or insubstantial updates, we may not provide advance notice, and such changes will be effective when posted.) We will indicate at the top of the Terms the date of the latest revision. We encourage you to review the Terms periodically.
6.4 Fairness in Contract Changes (German Consumers). If you are a consumer in Germany, any changes to these Terms will be made in accordance with § 308 No. 5 BGB. That means we will only change terms for valid reasons (such as adapting to legal requirements, new features, or closing security loopholes) and will give appropriate notice. If the changes are not acceptable to you, you can terminate the contract before they take effect, without cost.
6.5 Force Majeure. Neither MITRA nor you will be liable for any delay or failure to perform our obligations (except payment obligations) if such delay or failure is caused by an extraordinary event beyond the reasonable control of the affected party, such as natural disasters, war, terrorism, riots, labor strikes, pandemic, government action, or Internet/telecommunication outages (“Force Majeure”). In the event of Force Majeure, the affected party shall be relieved from liability to the extent and for the duration of the prevention, provided that the party promptly notifies the other of the situation and makes reasonable efforts to resume performance as soon as possible. If a Force Majeure event persists such that a party cannot fulfill its obligations for an extended period (e.g. more than 30 days), either party may terminate the affected services upon notice.
7. Liability, Disclaimers, and Indemnification
7.1 Disclaimer of Warranties (as permitted by law). MITRA is provided to you on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we disclaim all express or implied warranties, guarantees, or representations regarding the service that are not expressly stated in these Terms. For example, we do not guarantee that MITRA will be available at all times, uninterrupted, or error-free, or that it will meet your expectations or requirements. We do not make any guarantees about the content or information you obtain through MITRA (such as postings by other users), which are the responsibility of the users who provide that content. Use of the service is at your own risk.
However, nothing in this Section 7.1 is intended to limit any statutory warranties or consumer rights that apply and cannot be excluded by contract. In particular, if you are a consumer in the EU or a jurisdiction that provides statutory guarantees for digital services, those guarantees remain in effect. For instance, under German law, digital products provided for a price must conform to the contract; if they don’t, you have remedies such as cure, reduction, or damages per §§ 327 et seq. BGB. Any disclaimers in these Terms shall be interpreted to be effective only to the extent allowed by law.
7.2 Limitation of Liability. MITRA’s liability to you is limited as much as the law will allow. To the maximum extent permitted under applicable law, MITRA (including our parent company, officers, directors, employees, agents, affiliates, and suppliers) will not be liable for:
Any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, business opportunity, goodwill, data, or intangible losses, arising out of or in connection with your use of (or inability to use) MITRA, regardless of legal theory (contract, tort, or otherwise), and even if we have been advised of the possibility of such damages.
Any losses arising from: (a) your interactions or dealings with other users or third parties on or through the platform (for example, disputes with other users, or content provided by others), (b) unauthorized access to or use of your account or data due to your failure to safeguard your account credentials, (c) any content obtained from using MITRA (we do not vet all user content and cannot be responsible for it), or (d) events outside our reasonable control (Force Majeure events as described above).
7.3 Carve-Outs (Important Limitations to the Limitation of Liability): We do not exclude or limit liability which cannot be limited by law. Nothing in these Terms shall exclude or limit MITRA’s liability for: (i) death or personal injury caused by our negligence; (ii) damage or losses caused by our intentional (willful) misconduct or by our gross negligence; (iii) fraud or fraudulent misrepresentation; or (iv) any breach of a material contractual obligation (also known as a “cardinal duty” – an obligation that is essential for the execution of the contract and on which you relied). In the case of a breach of a material obligation due to ordinary (slight) negligence, our liability will be limited to the typical and foreseeable damages (in other words, we are not liable for highly unusual or unforeseeable consequences). This Section 7.3 is governed in accordance with applicable law, including § 276(3) BGB and the principles reflected in §§ 307-309 BGB for German consumers, and similar laws in other jurisdictions that prohibit certain liability exclusions. Additionally, any liability under product liability laws (such as the German Product Liability Act) or any specific statutory guarantee we have provided is not excluded.
In plain language: we are not trying to avoid responsibility for our own serious faults. To the extent our limitation of liability (in Section 7.2) would conflict with this Section 7.3 or with mandatory law, those conflicting parts of Section 7.2 will not apply to you.
7.4 Release of Liability for In-Person Events. As MITRA expands to include in-person services or events (such as meetups, workshops, or other offline gatherings organized or facilitated by us), additional considerations apply. Attending or participating in any in-person event organized by MITRA is voluntary and at your own risk. We expect all participants to act responsibly and exercise good judgment. By participating in an in-person MITRA event, you (for yourself and your heirs or anyone who obtains rights from you) agree to release and discharge MITRA and its officers, employees, and agents from any and all liability for any injury, loss, damage, or harm (to you or your property) that may result from your participation, except to the extent that such injury or harm is caused by MITRA’s own intentional misconduct or gross negligence, or is otherwise not permitted to be excluded by law. In other words, MITRA is not liable if, for example, you twist your ankle at a meetup or have your property accidentally damaged by another attendee; you assume those ordinary risks by choosing to participate. However, MITRA remains liable for its own serious wrongdoing and cannot disclaim liability for personal injuries or property damage resulting from its willful or grossly negligent actions.
Notice for U.S. Participants: Some U.S. states restrict or do not allow liability waivers for certain types of harm. For instance, California generally does not enforce pre-injury releases of liability for gross negligence or willful injuries, and other states (like New York or Louisiana) may have specific rules regarding the enforceability of waivers for personal injury. This Section 7.4 is intended to be effective to the fullest extent permitted by law. If a court finds that a particular claim or cause of action cannot be waived under applicable state law, then the waiver shall not apply to that extent, but will still apply to any other claims that can be lawfully waived. Nothing in this section affects any rights you have under workers’ compensation or cannot be released by agreement.
By attending a MITRA event, you also agree to follow any posted rules, instructions, or codes of conduct for that event, and you acknowledge that MITRA does not supervise participants or carry insurance for you. You are encouraged to obtain your own insurance if you need coverage.
7.5 Your Indemnification Obligations. You agree to indemnify and hold harmless MITRA (and its directors, officers, employees, and affiliates) from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to: (a) your use or misuse of the MITRA service, (b) any User Content you provide, (c) your breach of these Terms or of any applicable law, or (d) your infringement of any third party’s rights. This means you will defend MITRA and pay any final judgment or settlement for any claims by someone else that result from your wrongdoing. However, this indemnity does not apply to the extent that the claim arises from MITRA’s own intentional misconduct or gross negligence or other liability that MITRA has explicitly assumed under these Terms (we are not asking you to cover our own serious faults). We will promptly notify you of any such claim and will cooperate in the defense (at your cost). You may not settle a claim against MITRA without our written consent unless it completely releases MITRA of all liability and does not impose any obligations on MITRA.
This indemnification obligation will survive termination of your relationship with MITRA.
8. Intellectual Property Rights
8.1 MITRA’s Intellectual Property. All rights, title, and interest in and to the MITRA platform and services, including any software, technology, algorithms, databases, trade name “MITRA”, logos, trademarks, service marks, and content provided by us (excluding User Content), are owned by or licensed to MITRA and are protected by copyright, trademark, patent, trade secret and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use our service and access our content for your personal or internal business use, in accordance with these Terms. You may not copy, modify, distribute, sell, lease, reverse engineer, or otherwise attempt to extract source code from our software, unless you have our express written permission or such restrictions are prohibited by law. All MITRA logos and names are our trademarks and must not be used without our prior written consent. Any third-party names or marks appearing on the service are the property of their respective owners and are used for identification purposes only.
8.2 Third-Party Content and Links. The MITRA platform may contain links to third-party websites or services, or display content provided by third parties (including other users). We are not responsible for and do not endorse third-party sites or content. If you access a third-party website or service from MITRA, you do so at your own risk and may be subject to their terms and policies. Similarly, if you choose to install or use any third-party applications or integrations with MITRA (if supported), you are responsible for any risks associated with them.
8.3 Copyright Infringement Policy (DMCA for US). MITRA respects intellectual property rights. If you believe that any content on our service infringes your copyright, you may submit a notice under the U.S. Digital Millennium Copyright Act (DMCA) or other applicable law. Please provide a written notification with the following information: (i) identification of the copyrighted work you claim is infringed; (ii) identification of the content you claim is infringing, with sufficient detail for us to locate it; (iii) your contact information; (iv) a statement that you have a good faith belief that the use is not authorized; (v) a statement that the information you provide is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and (vi) your physical or electronic signature. Our designated agent for DMCA notices is: [Agent Name, Contact Email/Address]. We reserve the right to remove or disable content alleged to be infringing and to terminate accounts of repeat infringers, in accordance with the DMCA and other applicable laws.
9. Governing Law and Dispute Resolution
9.1 Governing Law (Non-US). These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, except that if you are a consumer resident in the European Union, and the law of your country of residence provides you with mandatory consumer protections or rights that cannot be waived by contract, then you also enjoy the benefit of those protections in addition to the provisions of German law. In no case will a consumer be deprived of the rights granted by the law of their residence as per Article 6 of the Rome I Regulation.
9.2 Jurisdiction (Non-US). If you reside outside the United States, any legal proceedings that may arise in connection with these Terms shall fall within the jurisdiction of the courts of Berlin, Germany, except that if you are a consumer in the EU, you may also choose to bring an action in the competent court of your country of habitual residence. Likewise, if you are an EU consumer, we will bring any action against you either in the courts of your country of residence or in Germany, but in either case, we will do so only in compliance with applicable jurisdiction rules (e.g., Brussels I Regulation). The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
9.3 Arbitration and Class Action Waiver (U.S. Users). The following terms in this Section 9.3 apply only if you are located in the United States or otherwise subject to the U.S. Federal Arbitration Act. They constitute an agreement to arbitrate disputes on an individual basis and waive certain rights to litigation and class actions. Please read carefully.
9.3.1 Governing Law (U.S.). For users in the U.S., this Section 9.3 is governed by the Federal Arbitration Act (FAA), and, to the extent not inconsistent with or preempted by the FAA, the laws of the State of Delaware, USA (without regard to its conflict-of-law principles). We choose Delaware law because it is a neutral jurisdiction, but this choice of law is solely for interpreting this arbitration clause and any dispute not subject to arbitration; it does not override any consumer protection laws in your state of residence that apply to your use of the service.
9.3.2 Binding Arbitration Agreement. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of MITRA (collectively “Disputes”) shall be resolved by binding arbitration on an individual basis, except for the matters expressly excluded below in Section 9.3.6. This means that you and MITRA agree to give up the right to go to court to assert or defend our rights (except for matters that can be taken to small claims court, as described below). This arbitration agreement is intended to be broadly interpreted. It includes, for example, disputes arising out of or relating to interpretation or validity of this arbitration clause, privacy or data protection claims, and claims against our employees or agents who are third-party beneficiaries of this clause.
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (if you are an individual using the service for personal or household use) or the Commercial Arbitration Rules (if you use it for business/commercial purposes), as modified by our agreement in these Terms. The AAA’s rules and filing instructions are available at www.adr.org or by calling AAA. To begin an arbitration, you must submit a Demand for Arbitration to the AAA and send a copy to us at our contact address in Section 10.
If the AAA is unavailable or refuses to arbitrate, the parties shall agree on an alternative arbitration provider or the court shall appoint one. The arbitration shall be conducted by a single neutral arbitrator. For consumer users, the arbitration will take place in a reasonably convenient location for you (or via videoconference or telephonically, if you choose and the arbitrator agrees), or in Wilmington, Delaware if no other location is mutually agreed. The arbitrator may award any relief that a court of competent jurisdiction could, including individual injunctive relief and attorneys’ fees if provided by law. The arbitrator’s award will be final and binding, and judgment on the award may be entered in any court with jurisdiction.
9.3.3 Costs of Arbitration (Consumers).* Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If you are a consumer using MITRA for personal use and the value of your claim does not exceed \$*25,000, we will pay for the arbitrator’s fees, unless the arbitrator finds your dispute frivolous or brought for an improper purpose. For claims above \$25,000, payment of fees will be split according to AAA rules. We will not seek attorneys’ fees or costs from you in arbitration unless the arbitrator determines that your claims are frivolous or brought in bad faith. If you are unable to afford the filing fee, please contact@24mitra.com and we will consider advancing it on your behalf.
9.3.4 Class Action Waiver. You and MITRA agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree that the arbitrator shall have no authority to join or consolidate disputes by or against different individuals, or to adjudicate any form of a class or representative proceeding. By entering this agreement, you are waiving the ability to participate in a class or representative action for any claims covered by this arbitration clause. This class action waiver is an essential part of the arbitration agreement and if it is found unenforceable, then the entirety of the arbitration agreement in this Section 9.3 (except for this sentence) shall be null and void.
9.3.5 30-Day Opt-Out Right. You have the right to opt out of this arbitration agreement and class action waiver within 30 days of first accepting these Terms (or within 30 days of any material change to this Section 9.3). To opt out, you must send a written notice of your decision to opt out by email to contact@24mitra.com or by mail to: RS Community App UG, Kolonnenstraße 8, 10827 Berlin, Germany, Attn: Legal – Arbitration Opt-Out. Your opt-out notice must include your name, address, the email associated with your MITRA account (if any), and an unequivocal statement that you opt out of the arbitration agreement. If you opt out of arbitration, you will not be bound by the arbitration or class waiver provisions, but you will still be bound by the other parts of these Terms. Opting out of this arbitration agreement will not affect any other agreements between us, such as any separate arbitration agreements for other services.
9.3.6 Exceptions – Issues Not Covered by Arbitration. Notwithstanding the above, either party may choose to bring an individual action in a U.S. small claims court* (if the claim qualifies for that court’s jurisdiction and so long as the matter remains in that court and is not removed or appealed to a higher court) instead of proceeding in arbitration. The small claims option applies only to individual (non-class) disputes, so the class waiver remains in effect. In addition, *either party is free at any time to seek an injunction, restraining order, or other equitable relief in a court of competent jurisdiction to stop or prevent an actual or threatened infringement of intellectual property rights (e.g. trademark, trade secrets, copyright or patent rights) or to address an unauthorized access or use of the service (e.g. hacking or misuse). Such an action will not be deemed incompatible with or a waiver of the agreement to arbitrate by the party seeking it.
9.3.7 Severability of Arbitration Terms. If any portion of this arbitration agreement in Section 9.3, other than the class action waiver, is found unenforceable or unlawful, it shall be severed, and the remaining portions shall remain in force. If the class action waiver (Section 9.3.4) is found to be unenforceable, then the entirety of this Section 9.3 shall be null and void, and the Dispute will proceed in court, subject to Section 9.1 and 9.2 above (choice of law and forum). Under no circumstances shall arbitration be conducted on a class basis.
9.4 Time Limits. To the extent permitted by law, any claim or cause of action arising out of or related to use of the MITRA service or these Terms must be filed within one (1) year after such claim or cause of action arose. Otherwise, it is permanently barred. (This provision does not apply to consumers in jurisdictions that prohibit such time limits, and it does not apply to causes of action for personal injury or fraud which may have longer statutory periods under law.)
9.5 Continuation. The obligations in this Dispute Resolution section (and any arbitration award) shall survive termination of these Terms or your relationship with MITRA.
10. Miscellaneous
10.1 Entire Agreement. These Terms (including any documents incorporated by reference, such as the Privacy Policy and any additional guidelines on the platform) constitute the entire agreement between you and MITRA regarding the service and supersede all prior agreements or understandings (whether oral or written) relating to the same subject matter. Any additional or different terms proposed by you (for example, in an email or purchase order) are rejected and will not apply unless expressly agreed in writing by an authorized representative of MITRA.
10.2 No Waiver. If we fail to enforce any provision of these Terms, that is not a waiver of our right to do so later. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of MITRA.
10.3 Severability. If any provision (or part of a provision) of these Terms is found to be invalid, illegal, or unenforceable, that provision or part will be limited or eliminated to the minimum extent necessary, and the rest of the Terms will remain in full force and effect. In such a case, the Parties shall negotiate in good faith a valid and enforceable provision that comes closest to the intention of the invalid provision.
10.4 Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them, by operation of law or otherwise, without our prior written consent. Any attempt by you to do so without consent is void. We may assign or transfer these Terms or any rights or obligations hereunder freely to any third party, in whole or part, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. We will provide notice to you of any such assignment if it materially affects your rights. These Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
10.5 No Agency. No joint venture, partnership, employment, or agency relationship exists between you and MITRA as a result of these Terms or your use of the service. Neither party has the power to bind the other or incur obligations on the other’s behalf without written consent.
10.6 Third-Party Beneficiaries. Except as expressly provided in Section 9.3 (Arbitration) regarding our agents and employees (who are agreed third-party beneficiaries of that section), there are no third-party beneficiaries to these Terms. These Terms are for the benefit of you and MITRA only.
10.7 Communications and Legal Notices. You agree that we may communicate with you electronically (e.g., by email or by posting notices on the MITRA app or website). You are responsible for keeping your account email address up-to-date so that you can receive notices from us. For contractual purposes, you (a) consent to receive communications from MITRA in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MITRA provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing on paper. This does not affect your statutory rights related to electronic communications.
If you have any questions or need to send us any notices, please contact@24mitra.com at:
RS Community App UG (haftungsbeschränkt)
Attn: Legal/Support
Kolonnenstraße 8, 10827 Berlin, Germany
Email: contact@24mitra.com (for general inquiries)
Legal Email: contact@24mitra.com (for legal notices, including arbitration opt-out or withdrawal notices)
We will respond to inquiries or notices as promptly as we can. In case of any discrepancies between the English version of these Terms and any translated version, the English version will prevail (except where prohibited by law).
10.8 Customer Service and Dispute Resolution Platform (EU). If you are an EU consumer, and you have a complaint, you may contact our customer support at contact@24mitra.com. We are not obligated to, and do not currently commit to, using any specific alternative dispute resolution (ADR) entity for consumer disputes. However, we are required to inform you that the European Commission provides an Online Dispute Resolution (ODR) platform for resolving disputes online, which you can access at You may use the ODR platform to try to resolve disputes with us. Our contact email for ODR purposes is contact@24mitra.com.
10.9 Survival. All provisions of these Terms which by their nature should survive termination shall survive – including, but not limited to, provisions relating to ownership of intellectual property, licenses granted by users, warranty disclaimers, limitations of liability and exclusions, arbitration and dispute terms, and indemnification.
10.10 Headings. Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
Thank you for reading our Terms and Conditions. By keeping our platform fair and safe, we hope MITRA provides you with a valuable community experience. If you have any questions or suggestions about these Terms, feel free to contact@24mitra.com.
Last Modified: [Date of Last Update]
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For any questions, notices, or withdrawal requests, you can reach us at:
Primary Email: contact@24mitra.com
Secondary Email: raul.simea@24mitra.com