MUPIXA

Terms of Service

Mupixa UG (haftungsbeschränkt)
E-Mail: founders(at)mupixa(dot)com

Last updated: 01.04.2020

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IMPORTANT - READ CAREFULLY: These Terms of Service (these“ToS”) for Software-as-a-Service (the“SaaS”) is a legal agreement between you (either an individual or a single entity –“You”or“the User”) and Mupixa UG (haftungsbeschränkt) (“Mupixa”) for the use of Mupixa Software available at www.mupixa.com (the“Software”).
ASSUMING YOU (i) HAVE STARTED A FREE TRIAL OF, (ii) HAVE SUBSCRIBED FOR A FREE SUBSCRIPTION PLAN TO,  (iii) PURCHASED A SUBSCRIPTION PLAN TO OR (iv) WERE INVITED TO THE USE OF THE SOFTWARE FROM MUPIXA, CLICKING ON THE ‘I ACCEPT THE TERMS OF SERVICE’, ACCESSING OR USING THE SOFTWARE CONSTITUTES THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND ACCEPT IT, AND THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THAT YOU ACCEPT THE  PRIVACY POLICY OF MUPIXA. IN ANY EVENT MUPIXA DOES NOT REQUIRE YOUR DECLARATION OF ACCEPTANCE TO BE RECEIVED AT ITS PREMISES. MUPIXA IS WILLING TO PROVIDE THIS SOFTWARE AS A SERVICE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS TERMS OF SERVICE AS WELL AS OUR  PRIVACY POLICY AVAILABLE AT THE TIME OF YOUR ORDER (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN MUPIXA IS UNWILLING TO PROVIDE THE SOFTWARE TO YOU AS A SERVICE AND YOU SHOULD CLOSE THE BROWSER WINDOW/TAB, IMMEDIATELY CEASE AND REFRAIN FROM ACCESSING OR USING THE SOFTWARE.

If this Agreement is translated into a language other than English and there is a conflict of terms between the English and the other language, the English version shall prevail. The User should keep a copy of this ToS for his records. The latest version of this ToS appears in its entirety on https://mupixa.com/terms.html. Mupixa reserves the right, in its sole free discretion, to make reasonable amendments to this Agreement from time to time provided that disputes arising hereunder will be resolved in accordance with the Terms of the Agreement in effect at the time the dispute arose. Mupixa will inform the User after each amendment in due way and the User should review the published Agreement from time to time to become aware of changes. Material changes to these terms will be effective upon the User’s first use of the Software with actual knowledge of such change. Any use of the Software by the User after the amended Agreement becomes effective constitutes the User’s acceptance of the amended Agreement. If the User does not accept amendments made to this Agreement, then this Agreement will be immediately terminated pursuant to Sec. 12.

I. Definitions

  • "Automatic Renewal" means a feature that provides for renewal of a license at the end of a license Term without the need of further notification and/or action.
  • “Data” means electronic data recorded or manipulated by the Hard- and Software and stored as part of the Mupixa Service.
  • “To Decompile” means to reverse engineer, decompile, or disassemble the Software for the purpose of achieving interoperability with other computer programs according to section 69 e UrhG.
  • “Mupixa Product” means one of Mupixa’ proprietary products including the related marketing materials, Documentation, ToSs, and other supplemental materials.
  • “Mupixa Service” means services to be performed by Mupixa  staff.
  • “Documentation” means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) pertaining to the Software and made available by Mupixa with the Software via online access.
  • “Entrepreneur” means any natural person, legal entity or partnership, having legal capacity that is not engaged in personal or familial usage in ordering or receiving SaaS while performing its commercial or independent professional or other work.
  • “Test User” means any individual (not an organization) using the Mupixa Software who is not: (i) one of the User’s full-time, part-time or temporary employees; or (ii) any temporary personnel or an independent contractor. Test users don’t need a registration for Mupixa and thus are anonymous for the service. 
  • “Fee” means the subscription price paid for SaaS to Mupixa.
  • “Software” means Mupixa software, and associated documentation that accompanies this ToS, which includes the associated media and Mupixa internet-based services.
  • “Term” means the term of the license obtained by the User for Production Use.
  • “User” or “End User” means any individual or entity logging in on the SaaS and using the Software that is not a Test User.
  • “Design Prototype” or “Prototype” is a collection of assets (e.g. images) used to visualize how a product or a service will look like and function in a very early stage before it’s created. Usually created to test a concept or process.
  • “Prototyping tool” is a service or application which allows one to create prototypes.
  • “User Generated Content” means any information entered in, uploaded to or in any other way generated by User and stored uploaded, implemented or installed on Mupixa SaaS.

II. Terms Of Service - SaaS

1. Provision of Software as a Service (SaaS)

Mupixa will make the Software available to the User and use commercially reasonable efforts to make the online Software available as Service 24 hours a day, 7 days a week, except for: (i) planned downtime (of which Mupixa shall give in advance an electronic notice), and (ii) any unavailability caused by circumstances beyond Mupixa’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Mupixa’s employees), Internet service provider failure or delay, hosting service provider failure or delay, Non-Mupixa Application, User Generated Content or denial of service attack.

The Software is neither sold nor licensed.

2. Cloud storage & security

Mupixa will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Software and/or Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of the Software and/or Data by Mupixa personnel except (i) to provide the subscribed services and prevent or address service or technical problems, (ii) as compelled by law, or (iii) as the User expressly permits in writing. Sec. 7 shall remain unaffected.

3. No licensing

The Software is provided as SaaS and no license is granted to User. In particular, the provision of SaaS does not include any exploitation rights, in particular but not limited any right of reproduction (section 16 UrhG), right of distribution (section 17 UrhG), right of exhibition (section 18 UrhG), right of recitation, performance, and presentation (section 19 UrhG), right of making works available to the public (section 19a UrhG), right of broadcasting (section 20 UrhG) or any right of adaptations and transformations (section 23 UrhG).

4. Reserved rights

The User acknowledges and agrees that the Software is a proprietary product of Mupixa protected by copyright and other applicable intellectual property laws and treaty provisions. The User further acknowledges and agrees that the entire right, title, and interest in and to the Software including associated intellectual property rights, shall remain with Mupixa. Mupixa retains all rights not expressly granted to the User in this ToS.

THE SOFTWARE IS PROVIDED AS SOFTWARE-AS-A-SERVICE.

The Mupixa name, the Mupixa logo and product names associated with the Services are trademarks of Mupixa, and no right or license to use them is granted.

5. Purchasing conditions

5.1. Subscription plans: Mupixa Software is ordered online and provided on a subscription basis in different plans as described by the price lists available at https://mupixa.com/pricing.html and as applicable at the time the subscription is ordered.

5.2. Term: Term of the License shall be 12 (twelve) months with Automatic Renewal for additional 12 (twelve) months unless terminated within one month to the end of the Term.

5.3. Fee: Depending on the agreed subscription plan User has to pay to Mupixa a monthly subscription Fee as specified in this Sec. 5 at the beginning of each month. If the subscription fee is paid in advance for 12 months, Mupixa might provide a discount.

5.4. Features: Depending on the agreed subscription plan License is limited to the features specified in the subscription plan.

5.5. Free Trial: If invited a User may test the software free of charge for a limited time interval. Sec. 11 shall apply. Upon termination of Free trial period, no paid subscription is concluded between the parties. Mupixa may at its own discretion delete the account of the User.

5.6. Support: Depending on the agreed subscription plan Mupixa provides certain service levels as specified at https://mupixa.com/pricing.html and as applicable at the time the subscription is ordered.

6. Registration

The User acknowledges that registration is required in order for the User to utilize the full benefits of the Software. If the User is not registered as the End User, the User has no right to access the software and the limited warranty in this ToS does not apply.

7. No rental or commercial hosting

The Software is provided as SaaS for the User only. The User may only rent, lease, lend, or provide commercial hosting services with the Software upon Mupixa’s prior written consent.

8. Data capture and use

The User agrees that Mupixa may collect and utilize technical information gathered as part of the Software support services and SaaS provided to the User. Data captured in this form will only be used to improve Mupixa Products and/or provide customized services to the User and will not be disclosed or disseminated to third parties except in an anonymized form.

Test Users must agree to the data collection described in our Privacy Policy in order to use our platfrom and view a prototype shared with them. By clicking 'START' they agree to our Terms of Service & Privacy Policy. The Test User is excplicitly adviced to check Sec. 20.6 of this ToS.

9. Backup of data

The setup of a functional hardware and software environment for use of the Software shall be solely in the User’s responsibility. The same shall apply to regular data backup.

10. No automated use

A subscription for the SaaS may not be shared or used concurrently on different Devices, nor to support multiple Users or operational requests as indicated above. As a result, the User may not use the SaaS in an automated, unattended, non-interactive server application or component (including ASP) where: (i) multiple User requests from different Users are queued for processing; or (ii) multiple requests from one User are queued for processing but acting against content created or edited by other Users.

11. Restrictions on certain software

Software identified as free trial, demo, evaluation, and Beta versions may not be used for any purpose other than the User’s testing or evaluation unless specified otherwise pursuant to a separate agreement signed by both the User and Mupixa.

12. Termination

If the User breaches the terms and conditions of this ToS, Mupixa may terminate this ToS without prejudicing any of its other rights. In such event the User must cease use of the Software with immediate effect. Sections 1, 4, 13, 14, 15, 16, 18, 19, and 21 specifically survive termination.

13. Limited warranty

13.1 State of the art: Unless expressly agreed otherwise, the SaaS provided by Mupixa shall be in line with the current state of the art technology and shall conform to all relevant product information and specifications provided by Mupixa, including those in the Documentation. Mupixa does not warrant that the Software under the agreement will be fit for purposes beyond the fulfillment of Mupixa’ obligations under the Agreement.

13.2 Errors: The User is advised that based on the current state of the art technology program errors cannot be excluded with complete certainty in spite of exercising greatest conscientious care and diligence. The Parties acknowledge that Mupixa Products are inherently complex and may not be completely free of errors. The following errors are excluded from Mupixa warranty: (i) insignificant defects, including but not limited to errors that can be easily corrected and will not show up as a performance defect and (ii) defects discovered in any Mupixa Product that has been modified, altered, or enhanced by anyone other than Mupixa itself (iii) defects caused by User Generated Data used in an unintended manner.

13.3 Rectificaton: Defects in the Software shall be rectified by Mupixa within a reasonable period after notification of the defect. The rectification of defects shall be effected, at Mupixa' choice, by way of repair or substitute the Software free of charge. The User's right to reduce the Fee for the time the defect persists remains unaffected. The User is only entitled to an extraordinary termination of the agreement due to the failure to grant use in accordance with the agreement if Mupixa has been given sufficient opportunity to rectify the defect and such attempt has failed.

13.4 Limitation: If Mupixa has provided the User with the SaaS against no payment whatsoever, defects in the Software shall be rectified by Mupixa only in case they were resulting from gross negligent or intentional behavior of Mupixa, provided however rectification of a defect in the Software is not otherwise mandatory according to statutory law.

13.5 Failure in rectification: It shall be assumed that the repair or substitution of Software has failed only if Mupixa has been given sufficient opportunity to effect a repair or substitution delivery without achieving the desired result or if the repair or substitute delivery was unjustifiably refused by Mupixa. If rectification of a defect in the form of repair or subsequent delivery is only possible for Mupixa at unreasonable expenses, Mupixa may refuse to rectify the defect and refer the User to his right to rescind or terminate the Agreement

13.6 Source Code: In no event shall the User be entitled to demand the source code for the Software in regard to any defects.

13.7 Requirements: The services were not developed according to your individual requirements. Please check whether the facilities and functions of the services meet your requirements. You agree that you are solely responsible for the results of the use of the Services and for the conclusions drawn therefrom.

14. High risk activities

The Software is not fault tolerant and is not designed, manufactured, or intended for use or resale as control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage (the"High Risk Activities"). Accordingly, Mupixa and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

15. Limitation of liability

Notwithstanding the legal nature of the relevant claim, the following shall apply to the User’s damage claims and claims for expenses incurred in vain ("Ersatz vergeblicher Aufwendungen"):

15.1 Limitations of liability: Mupixa shall be liable for any of the User’s damages resulting from gross negligent or intentional behavior of Mupixa, which are due to culpable injury to life, body, and health, which arise due to the assumption of a guarantee or according to the Product Liability Act. In all other cases Mupixa’ liability for damages is limited to the infringement of material obligations of the agreement. Material obligations are only such obligations which fulfillments allow the proper execution of the agreement in the first place and where the User may rely on the compliance with these obligations. Mupixa’ liability for the loss of data is limited to the typical expenditures required for the restoration thereof, which are normal and typical if security copies have been made. Reference is made to the User’s obligation for regular data backups according to Sec. 9 of this ToS.

15.2 Foreseeable damages: Mupixa’ liability in case of negligent infringement of material obligations of the agreement by Mupixa shall be limited to foreseeable damages which are typical for this type of contract.

15.3 Exclusion: A strict liability of Mupixa for defects existing at the time of entering into this ToS pursuant to section 536 a para. 1, alternative 1 German Civil Code (BGB) is hereby expressly excluded.

15.4 Statue of limitation: All claims against Mupixa for damages shall be statute barred 6 months after delivery, in case the User is an Entrepreneur. This shall not apply to any claims in tort.

15.5 Further limitation: If Mupixa has provided the User with the SaaS against no payment whatsoever, Mupixa’s liability is further limited by section 599 BGB to damages resulting from gross negligent or intentional behavior of Mupixa.

15.6 Excluded liability: Mupixa has no liability for any loss, damage, or misappropriation of data information provided by the User under any circumstances or for any consequences related to changes, restrictions, suspensions, or termination of the Services or the Agreement or caused by User Generated Content.

15.7 Representatives: The foregoing limitations of liability also apply with regard to all Mupixa’ representatives, including but not limited to its directors, legal representatives, employees, and other vicarious agents.

16. Restrictions in use

16.1 Unauthorized access: The User will use commercially reasonable efforts to prevent unauthorized access to or use of Services and Data, and notify Mupixa promptly of any such unauthorized access or use and use Services and Data only in accordance with this Agreement, Documentation and applicable laws and government regulations.

16.2 Restrictions in use: The User will not (i) make any Service or Data available to, or use any Service or Data for the benefit of, anyone other than the User or Users, unless expressly stated otherwise, (ii) sell, resell, license, sublicense, distribute, make available, rent or lease any Service or Data, or include any Service or Content in a service bureau or outsourcing offering, (iii) use a Service to capture and store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (iv) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (v) attempt to gain unauthorized access to any Service or Data or its related systems or networks, (vi) permit direct or indirect access to or use of any Service or Data in a way that circumvents a contractual usage limit, or use any of Mupixa Services to access or use any of Mupixa’ intellectual property except as permitted under this Agreement, (vii) copy a Service or any part, feature, function or user interface thereof, (viii) copy Data except as permitted herein, (ix) frame or mirror any part of any Service or Data, other than framing on the User’s own intranets or otherwise for the User’s own internal business purposes, (x) access any Service or Data in order to build a competitive product or service or (xi) reverse engineer any Service (to the extent such restriction is permitted by law) or (l) enter any real account data and/or passwords in a demo-session. Any use of the Services in breach of this Agreement, by the User or Users that in Mupixa’ judgment threatens the security, integrity or availability of Mupixa Services, may result in Mupixa’ immediate suspension of the Services, notwithstanding that Mupixa will use commercially reasonable efforts to provide the User with notice and an opportunity to remedy such violation or threat prior to such suspension.

17. Integration of 3rd party accounts, Prototype sharing, session cookies, recording, analytics

17.1 Third party accounts: Certain features of the SaaS allow User to integrate his account with third party services (the“Third Party Accounts”) like e.g. Gmail, LinkedIn, Adobe XD, Sketch, Figma etc. via Application Programming Interface (the“API”) provided by such third party. By enabling those features, User grants to Mupixa access to data stored in Third Party Accounts provided via API and certain rights to use functions of Third Party Accounts provided via API, like e.g. sending out e-mails for invitations of usability testing sessions, importing User Generated Content such as a Prototype etc., as far as agreed upon while activating integration of a Third Party Account.

17.2 Test user sharing: Certain features of the SaaS allow User to share a prototype and assets with one or more Test User(s) via invitation links to un-/moderated usability-testing sessions (with e.g. the option to instantly share mouse position with a test user). By using this feature, User may grant to Test User insight or access to private and potentially personal or confidential data contained in the prototype or its assets. User understands the he bears sole responsibility for (i) the use of such feature with Test Users and (ii) adherence to any applicable data protection laws in this regards.

17.3 Session Cookies: Certain features of the SaaS allow User to save a session cookie on our cloud servers or on the devices of their Test Users. User understands that he bears sole responsibility for (i) the use of such feature and (ii) adherence to any applicable data protection laws by using such features.

17.4 Camera Usage: Certain feature of the SaaS allow User to utilize the camera/video feed provided that the Test User agrees to it. No Video or Images are being transmitted or stored. The video feed is solely being used to determine meta information about the Test User during an usability-test session such as e.g. face expression. User understands that he bears sole responsibility for (i) the use of such feature and the requirement by law to collect the explicit concent ot all Test Users  (ii) adherence to any applicable data protection laws by using this feature such as the correct storage and handling of the analytics data available for download from our platform after a session.

17.5 Session Analysis: Certain feature of the SaaS allow User to analyze the conducted usability-test sessions by transcribing and saving such analysis on our cloud servers. User understands that he bears sole responsibility for (i) the use of such feature and the requirement by law to collect the explicit concent ot all Test Users  (ii) adherence to any applicable data protection laws by using this feature such as the correct storage and handling of the analytics data available for download from our platform after a session.

THE USER IS EXPRESSLY ADVISED BY MUPIXA OF AND UNDERSTANDS AND ACCEPTS POTENTIAL RISKS OF AN INTEGRATION OF THIRD PARTY ACCOUNTS, SHARING PROTOTYPES AND THEIR ASSETS WITH TEST USERS WITH RESPECT TO PRIVACY AND DATA SECURITY, SESSION COOKIES, BEHAVIOUR, AUDIO AND VIDEO ANALYSIS.

18. Statutory consumer rights

Nothing in this ToS is meant to contravene statutory rights that consumers may have pursuant to local law.

19. Dispute resolution and governing law

19.1 Dispute resolution: Let's Try To Sort Things Out First. Mupixa wants to address the User’s concerns without needing a formal legal case. Before filing a claim against Mupixa, the User agrees to try to resolve the dispute informally by contacting us at:

founders(at)mupixa(dot)com

Mupixa will try to resolve the dispute informally by contacting the User via email. If a dispute is not resolved within 15 working days of submission, the User or Mupixa may bring a formal proceeding.

19.2 Applicable law, jurisdiction: Unless expressly prohibited by local law, the Agreement and warranties are controlled by and construed under the laws of Germany, notwithstanding any conflicts of law provisions; and the German courts in Munich shall have exclusive jurisdiction over any claim arising under the Agreement or warranties. The UN Convention on Contracts for the International Sale of Goods shall be explicitly excluded.

20. Intelectual property rights

20.1 License: The User grants Mupixa, its Affiliates according to section 15 German Stock Company Act (§ 15 AktG) and applicable contractors a worldwide, limited-term, non-exclusive, non-transferable, royalty-free license to host, copy, transmit and display his uploaded data and information, and any Non-Mupixa Applications and program code created by or for the User using a Service or for use by the User with the Services, as reasonably necessary for Mupixa to provide the Services in accordance with this Agreement.

20.2 Content: By using the Mupixa Service, you agree to respect the intellectual property and other rights of third parties. In particular, you will not upload, transmit or otherwise transfer any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity.

20.3 Ownership: Mupixa agrees that all intellectual property rights in the prototypes (including all content contained therein) and all information submitted by you to Mupixa belong to you. You are solely responsible for the intellectual property and/or the right to use all prototypes and the consequences resulting from your failure to comply with these obligations.

20.4 Private Prototype: Mupixa allows you to share your Prototype with Testers that you decide to invite by sending them an URL and thus granting them access to view your prototype. Those Testers may view, copy, transmit or store the content available in the shared Prototype or make the provided URL publicly available. The User is solely responsible to collect a Non Disclosure Agreement (NDA) prior to sharing the URL. Only paid subscription plans can create Private Prototypes.

20.4 Public Prototype: Mupixa allows you to publish your content, including in the form of a Prototype intended for public use or otherwise made available to the public ("Public Prototype"). If you choose to post a public prototype, other end users (and the general public) may view, copy, transmit or store such content inside or outside the Mupixa Service. All such content, once published and/or posted and/or published, is not confidential.

20.5 Public URL: Mupixa is not liable for damages resulting from the use or misuse of a Prototype URL published by the customer or your contributions by third parties. IF YOU CHOOSE TO MAKE ANY PROTOTYPE AVAILABLE TO THE PUBLIC IN THIS MANNER OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE MUPIXA SERVICE, YOU DO SO AT YOUR OWN RISK. Mupixa has the right to remove any content that you post that violates this Agreement or is otherwise objectionable, as determined by Mupixa in its sole discretion.

20.5 Gallery: In addition Mupixa allows you to publish your Prototype URL to a Gallery where other Users and/or the general public can access your Prototype. Please be advised NOT to put any confidential information in a Prototype that is to be purlished as a Public Project. Depending on your subscruption plan all or part of your Prototypes will be set automatically as public. Only paid subscription plans can create Private Prototypes.

20.6 Test User obligations: Test Users agree that the content shown during a session is confidential and represents intellectual property owned by the entity or organisation who invited them for the sole purpose to conduct an un-/moderated usability/user experience test and as such it can’t be copied, made public or distributed in any form without the explicit consent of the intellectual property owner.

21. Severability

The provisions of this ToS shall be deemed to be separable and the invalidity of any provision hereof shall not affect the validity of the remainder of this Agreement.

22. Questions

Should the User have any questions regarding this ToS, please contact the Mupixa authorized partner serving the User, or contact us using by writting an email to:
founders(at)mupixa(dot)com
or through one of the listed channels in our Imprint page:

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