Terms of Use

Terms and Conditions

Welcome to MistTrack!

These Terms of Use govern your access to and use of the MistTrack website at https://misttrack.io, the MistTrack API, and related data and services provided by SlowMist Limited (collectively, the "Services").

By accessing or using the Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Services.

In these Terms of Use, "Client", "Customer", "You" and "Your" refer to the individual or entity accessing or using the Services. "SlowMist", "MistTrack", "the Company", "We", "Our" and "Us" refer to SlowMist Limited as the provider of the Services. "Party" refers to either you or the Company, and "Parties" refers to both. References to customers include users of the MistTrack API and related data. Words in the singular include the plural and vice versa.

Cookies

We use cookies in accordance with our Privacy Policy. By accessing MistTrack, you agree to the use of cookies as described in that policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, SlowMist and/or its licensors own the intellectual property rights in the materials provided through MistTrack. All intellectual property rights are reserved. You may access and use the Services for personal use and for the commercial uses permitted under the API Data Use, Commercial Applications and Redistribution section below, subject to these Terms of Use.

Subject to these Terms of Use, including the data use, redistribution and brand use provisions below, you may:

• Capture screenshots on MistTrack
• Reproduce and disseminate materials on MistTrack
• Reprint or download material from MistTrack
• Forward content from MistTrack

API Data Use, Commercial Applications and Redistribution

1. Commercial Use

Subject to these Terms of Use, customers may integrate MistTrack screening results and related data into their own software, platforms, systems, reports, or services, including services provided to their end customers.

Permitted commercial use cases include, but are not limited to:

• Integrating Risk Scores, Risk Levels, Address Labels, Counterparty Information, Address Profiles, and other API results into the customer's own platform or services;
• Using MistTrack data as one of the data sources for internal risk analysis, investigations, AML/KYT, and compliance processes;
• Creating customer-branded risk reports, PDF reports, charts, visualizations, and other analytical outputs based on MistTrack data;
• Providing commercial risk analysis, investigation, compliance, or other related services to end customers based on MistTrack data.

Commercial use of MistTrack data does not transfer ownership of MistTrack's data, databases, models, intellectual property, or other proprietary materials, or grant any rights beyond those expressly permitted under these Terms of Use.

2. Commercial Use Review

For customers intending to use the MistTrack API or related data to provide commercial services, data analysis, risk reports, investigation services, compliance services, or other commercial services to third parties, MistTrack reserves the right to require the customer to complete KYB/KYC or other necessary due diligence prior to commencing such commercial use.

MistTrack reserves the right to review the proposed commercial use based on the customer's business model, actual use case, jurisdiction, data usage, end-customer profile, and other relevant risk factors, and may request additional information where necessary.

Where necessary, MistTrack reserves the right to impose reasonable conditions or restrictions on specific commercial use cases based on its internal risk assessment and applicable laws and regulations.

3. Independent Resale and Redistribution of Raw Data

Customers may use MistTrack data as one of the data sources in their own products, reports, analyses, or services and provide commercial services to their end customers based on such data. However, customers may not resell or redistribute MistTrack data itself as an independent data product.

4. Data Analysis, Reports, and Derivative Outputs

Customers may further analyze, process, and transform data returned by the MistTrack API and create their own risk reports, investigation reports, charts, visualizations, analytical results, and other derivative outputs.

Customers are responsible for their own analyses, judgments, reports, and products or services provided to their end customers.

The APIs, data, and risk analysis results provided by MistTrack are provided solely as technical and data support and do not constitute legal, investment, financial, or other professional advice, nor do they replace the customer's own compliance reviews, business judgments, or regulatory obligations.

5. Brand Use and Partner Display

Customers may, on their official websites, product pages, partner pages, or other appropriate commercial contexts, identify MistTrack in a reasonable and clear manner as a data or technology service provider, data partner, or technology partner.

Where customers display the MistTrack name, trademarks, logo, or other brand assets, they must comply with the brand usage guidelines issued by MistTrack from time to time and ensure that such display does not create any misleading impression that:

• MistTrack has an unauthorized partnership, investment, agency, exclusive partnership, or other relationship with the customer;
• MistTrack endorses, certifies, or otherwise approves the customer's products, services, reports, or business activities; or
• The customer's products or services are officially provided, operated, or represented by MistTrack.

The specific partner designation, use of the MistTrack logo, and placement of such display shall be subject to the actual relationship between the parties and MistTrack's applicable brand usage requirements.

6. End-Customer Services and Business Responsibility

Where customers integrate the MistTrack API or related data into their own products or services and provide commercial services to their end customers, customers are responsible for their own products, services, analyses, reports, and business decisions.

Customers are solely responsible for ensuring that their business models, products, and services comply with applicable laws and regulations, as well as their contractual and regulatory obligations to their end customers.

Customers may not represent the data, risk scores, or analysis results provided by MistTrack as a guarantee of business outcomes, regulatory compliance, or risk assessment results for their end customers.

Customers shall be responsible for any legal, regulatory, or third-party liabilities arising from their own business models, business activities, end-customer conduct, compliance judgments, or other factors beyond MistTrack's control.

7. Data Caching and Storage

Customers may, for legitimate business purposes, reasonably cache, store, process, and retain API results within their own systems, including for the purpose of supporting their business processes and avoiding unnecessary repeated API calls.

Customers are solely responsible for ensuring that their storage, processing, and use of such data comply with applicable laws and regulations, these Terms of Use, and the Privacy Policy.

8. Applicable Laws and Other Restrictions

Customers shall comply with applicable laws and regulations, regulatory requirements, these Terms of Use, and the Privacy Policy when using the MistTrack API and related data.

Where specific data use, business models, or service scenarios involve data protection, sanctions, export controls, financial regulations, or other applicable restrictions, customers are solely responsible for conducting the necessary legal and compliance assessments and obtaining any required authorizations, licenses, or approvals.

User Comments

Where the website provides features for posting or exchanging opinions and information, the following provisions apply to those user submissions ("Comments"). SlowMist does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of SlowMist, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts them. To the extent permitted by applicable laws, SlowMist shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

SlowMist reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or in breach of these Terms of Use.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or invade the privacy of others;
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant SlowMist a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Payment Terms

You agree that we may charge your payment card, or any other payment mechanism selected by you and approved by us for all amounts due and payable for the MistTrack Plans, including any service fees, set up fees, subscription fees, or any other applicable fees, tax, or charge associated with your account.

You accept all responsibility for any bank transfer charges, currency conversion losses and administrative fees associated with the making of payment for the use of the MistTrack Plans. You shall further accept any responsibilities relating to taxes, including but not limited to, service tax, withholding tax, goods and services tax, value added tax and any other associated levies.

We may alter or change our subscription prices at any time and in our discretion, including MistTrack Plans that were previously offered free of charge; provided, however, that we will provide you with prior notice and an opportunity to terminate your account if we change or modify the price of a MistTrack Plan to which you are subscribed and will not charge you for a previously free MistTrack Plan unless you have been notified of the applicable fees and agree to pay such fees by using the MistTrack Plans.

You may cancel your subscription at any time. However, if you cancel:

• Payments already made and processed shall be non-refundable and no refunds shall be issued in the form of credits for any MistTrack Plans already paid for.
• You will not be billed for any additional or renewal subscription term, and MistTrack Plans will continue until the end of your subscription term or billing cycle.

If you do not wish for the subscription term to continue and be charged for the service, you must cancel the subscription before the next billing date to avoid being charged for the next subscription period. All payments made are final and strictly non-refundable.

MistTrack shall not be held liable for any damages, losses, or expenses arising from your negligence if you fail to cancel your subscription. It is your responsibility to manage and cancel your subscription before the renewal date. By agreeing to these Terms, you acknowledge that MistTrack has no responsibility for any such negligence, and you hereby waive any claims against MistTrack related thereto.

Where automatic renewal applies, your subscription will renew at the end of the initial term and each renewal term unless you cancel before the next billing date. Your account or billing portal may display the next billing date and renewal term.

We reserve the right to suspend or cancel your use of the MistTrack Plans if we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal or immoral activity. The suspension shall be for a period as we at our discretion determine necessary to investigate the matter and shall be lifted if we are satisfied that you are not involved in any fraudulent, illegal, or criminal activity. In such an event, you shall not be entitled to any pro-rata refund or hold us liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payments. However, we may grant an extension of time on the contractual term accounting for any suspended periods to your account which shall be assessed on a case-by-case basis.

If you cancel a MistTrack Plan purchased for a specific term, your cancellation will take effect at the end of your current billing period, and you will retain access until then, unless your access is suspended or terminated under these Terms of Use. In the event of any non-payment or delayed payment of any unpaid subscription fees, we shall at our sole discretion, terminate your MistTrack subscription if deemed necessary.

In the event you may require additional services (such as a dedicated server, maintenance and support services or others) beyond the scope of the standard MistTrack Plans, additional charges and terms may apply.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System-wide accredited businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not reflect unfavorably on us or our accredited businesses; (b) the organization does not have any negative records with us; (c) the visibility of the hyperlink would benefit SlowMist; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If your organization requires approval under this section and is interested in linking to our website, please submit a request through our Contact Us page. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

Use of the MistTrack name, trademarks, logo or other brand assets is governed by the Brand Use and Partner Display subsection above. Any use of SlowMist's other logos or artwork for linking requires a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for content that you publish on your website. You agree to protect and defend us against claims arising from that content. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read our Privacy Policy for information about how we collect and use personal information.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You agree to promptly remove the requested links to our Website. We also reserve the right to amend these Terms of Use and our linking policy. Updates will be posted on this page with a revised "Last Updated" date. By continuing to access or use the Services or link to our website after an update, you agree to the updated terms.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you may contact us at any time. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

We do not warrant that the information on this website is complete, accurate or up to date, or that the website will always be available.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

Subject to the limitations above and to the maximum extent permitted by applicable law, we are not responsible for loss or damage arising from the use of the Services, whether provided with or without charge.

Application and Jurisdiction of Law

Disputes arising from your use of this website or the services of this platform may be submitted to the courts in the place where the website or platform is registered. Such disputes shall be governed by the laws of Hong Kong.