Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "Customer") and Bartlomiej Baran Ventures Limited, a company registered in Dublin, Ireland ("Mitigon", "we", "our", or "us"). By accessing or using the Mitigon platform at www.mitigon.com (the "Service"), you agree to be bound by these Terms. If you do not agree, you must not use the Service.

If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and references to "you" include that organisation.

2. Description of Service

Mitigon is a web-based platform for visual Failure Mode and Effects Analysis (FMEA) designed for pharmaceutical and medical device companies. The Service provides tools for risk identification, analysis, mitigation tracking, and reporting.

The Service is provided as a software-as-a-service (SaaS) offering. We may update, modify, or improve the Service from time to time. We will endeavour to provide reasonable notice of material changes that may affect your use of the Service.

3. Account Registration

To use the Service, you must create an account. You agree to provide accurate, current, and complete information during registration, and to keep your account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You must notify us immediately at [email protected] if you suspect any unauthorised use of your account. We are not liable for any loss arising from unauthorised use of your account where you have failed to safeguard your credentials.

4. Subscription and Billing

Access to the Service is offered under free and paid subscription plans as described on our pricing page. Paid subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected.

• Payment: all fees are stated in Euros (EUR) and are exclusive of applicable taxes unless otherwise stated. Payment is processed securely via Stripe.
• Renewal: paid subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date.
• Cancellation: you may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial billing periods.
• Price changes: we may change our prices with at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5. Your Data and Content

You retain all ownership rights to the data and content you create, upload, or store in the Service ("Customer Data"). We do not claim any intellectual property rights over Customer Data.

You grant us a limited licence to host, store, and process Customer Data solely for the purpose of providing and improving the Service. This licence terminates when you delete your data or close your account.

You are responsible for the accuracy, legality, and appropriateness of Customer Data. You must ensure you have all necessary rights and permissions to use and upload any data to the Service.

6. Data Export and Portability

You may export your Customer Data at any time using the export features available in the Service. Upon termination of your account, we will make your data available for export for a period of 30 days. After this period, we will delete your Customer Data from our systems in accordance with our Privacy Policy.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights, including intellectual property rights.
• Transmit malware, viruses, or other harmful code.
• Attempt to gain unauthorised access to the Service, other users' accounts, or our infrastructure.
• Interfere with the performance, availability, or integrity of the Service.
• Use the Service to compete directly with Mitigon or to reverse-engineer, decompile, or disassemble any aspect of the Service.
• Use automated means (bots, scrapers, etc.) to access the Service without our prior written consent.

We reserve the right to suspend or terminate your access if you violate these terms, with or without prior notice depending on the severity of the violation.

8. Intellectual Property

The Service, including its software, design, features, documentation, logos, and trademarks, is the exclusive property of Bartlomiej Baran Ventures Limited and is protected by intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without prior written consent.

We welcome feedback, suggestions, and ideas about the Service. You agree that any feedback you provide may be used by us without restriction or compensation to you.

9. Availability and Support

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable for scheduled maintenance (with reasonable advance notice) or due to circumstances beyond our control.

Support is provided via email at [email protected]. Response times depend on your subscription plan.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

While Mitigon is designed to support FMEA and risk analysis workflows, the Service does not constitute professional regulatory, quality, or safety advice. You are solely responsible for ensuring that your use of the Service complies with applicable regulatory requirements (e.g. FDA, EU MDR, ICH Q9). The outputs of the Service should be reviewed and validated by qualified personnel before being used for regulatory submissions or quality decisions.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Bartlomiej Baran Ventures Limited shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business, or goodwill.
• Any damages arising from your inability to use the Service, interruptions, errors, or data loss.
• Any claims by third parties arising from your use of the Service.

Our total aggregate liability under these Terms shall not exceed the greater of (a) the total fees paid by you to us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred Euros (€100).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Bartlomiej Baran Ventures Limited and its officers, directors, and employees from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

13. Termination

Either party may terminate these Terms at any time. You may terminate by cancelling your subscription and deleting your account. We may terminate or suspend your access to the Service immediately if you breach these Terms or if we are required to do so by law.

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law) will continue to apply.

14. Changes to These Terms

We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we may also notify you via email. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you should stop using the Service and cancel your account.

15. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of Ireland, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Ireland.

Before initiating any formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.

16. General Provisions

• Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and Mitigon regarding the Service.
• Severability: if any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No waiver: our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: you may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force majeure: we are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, pandemic, or internet service disruptions.

17. Contact Us

If you have questions about these Terms, please contact us:

Bartlomiej Baran Ventures Limited
Dublin, Ireland
Email: [email protected]