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August 1, 2012

Updated Terms of Service

We updated our Terms of Service. The new version is located at its usual place, the former version can still be accessed here.

Bottom line

Nothing fundamental changes, and nothing changes to your disadvantage.

Quick overview

One, we adjusted some minor things due to new German legal directives.

Two, we aligned the ToS to how we really handle mite. E.g., there hasn’t been a single newsletter during the last few years. Thus, we don’t really need a clause dealing with newsletters.

Three, we changed our 30-day trial. Every now and then, users were irritated how we handled the trial payment. This should not happen. Before, it was a nonbinding trial: if you decided to use mite, we charged this period retroactively. Now, it is a completely free trial: you won’t have to pay for the trial phase even if you become a paying customer. The first month is on us, period.

Four, we wanted to make our ToS easier to read and understand. We revised every phrase and simplified it if possible. Plus, we reorganized and repositioned some clauses. Last but not least, every clause in “legal speak” is now accompanied by a short summary in plain English. We saw these snippets at 500px for the first time, and got excited. To us, this seems to be the way to go if you really want to commit to simplicity and transparency.

Detailed changelog

Changes in wording and positioning excluded, our ToS have changed as follows:

  1. Clause 1
    New comment dealing with the short summaries

  2. Clause 3
    Changed trial handling: completely free instead of nonbinding

  3. Clause 3 & clause 5
    New German legal directive (»Button-Lösung«)

  4. Clause 4
    New clause dealing with beta users

  5. Clause 7 (former clause 11)
    Adjusted deadline for data removal after cancellation: 14 days after cancellation instead of 7 days after the end of last billing cycle

  6. Clause 7 (former clause 11)
    Changed deadline for possible cancellation after delay of payment: 8 weeks instead of 4

  7. Clause 8 (former clause 5)
    More precise definition of data that has to been specified truthfully

  8. Clause 8 (former clause 5)
    Removed paragraph pointing to German law

  9. Clause 8 (former clause 5)
    Softened definition of abusive useage

  10. Clause 9
    New clause dealing with our API

  11. Clause 12 (former clause 9)
    Updated liability limitation

  12. Former clause 12
    Removed clause dealing with (non-existing) newsletters

  13. Clause 14 (former clause 13)
    Updated objection period if ToS change: 6 weeks instead of 14 days

For current customers our updated ToS will become effective in six weeks, for new customers with the creation of an account or the conclusion of a contract. If you do not object within six weeks in textual form, you accept our updated ToS. Should you object, we’re entitled to terminate and end our contract.

That’s it

Hopefully, you appreciate our updated ToS, especially the idea to accompany each clause with a short version in plain English! ToS should be understandable per default. We’d love to see this idea spread—or similar approaches such as the early-stage project Terms of Service; Didn’t Read. If they got well-know, they could apply sometimes much needed pressure from the outside.

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