fbpx Skip to main content

Terms and Conditions for Myty Pro

Date of last update: 17.10.2023

Our Services are governed by a binding agreement between You and Myty Pro. Please take the time to read the entire agreement. included in this agreement are grants of rights and indemnification from you and a limitation of your rights and remedies.

Terms of Service

You (as defined below) are entering into these terms of service (these “Terms”) with Myty Pro, a legal entity incorporated and existing under the laws of France, with its registered address at 17 boulevard des Filles du Calvaire, 75003 Paris, R.C.S Paris 830 584 124, together with its subsidiaries and affiliates (“Myty Pro” or “We” or “Our” or “Us”). It is the responsibility of you (either as a free or as a paid user) to read and understand these Terms, which govern Your access to and use of www.mytypro.com (or any subdomain), as well as any products, applications, features, technologies, software, content, functionality, and services provided by Myty Pro on or through www.mytypro.com or Myty Pro’s application or any future services that Myty Pro may offer in the future.

It is the responsibility of the person executing these Terms to represent and warrant that he or she has the authority to do so if access to and use of the Services is on behalf of a corporation, sole proprietorship, company, government agency, or other entity. If access to and use of the Services is by a minor, the person executing these Terms represents and warrants that he or she is the parent or legal guardian of that minor. Having the legal right to consent to these terms on behalf of the minor; consenting to these terms on behalf of the minor; and agreeing to the minor’s bindedness to these terms. As used in these Terms, “You” refers to the company, other entity, or minor using the Services, or, if none of the foregoing apply, to the person executing them.

The Services are offered and available to users who are 16 years of age or older. By accepting these Terms, You represent that you are of legal age to form a binding contract with Myty Pro where you reside or are located, and that you meet Myty Pro’s eligibility requirements. In the event that you do not meet these requirements, you should not access or use the Services. You may have your account disabled if it appears that You are not of legal age to use Our Services.

Before using the Services, please read the Terms carefully. You acknowledge that by signing up for our Services or using our Services, you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If You do not want to agree to  the event or are unable to comply with these Terms, including the Privacy Policy, you may not access or use the Services.

1. ACCESS TO AND USE OF THE SERVICES

1.1 Ownership of Intellectual Property in the Services

We own (i) the Services and (ii) the entire content, functionality, and features of the Services, including, but not limited to, all information, software, data files, text, materials, 3D models. displays, images, video, and audio, as well as their design, selection, and arrangement (the “Materials”). Copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws in the United States and around the world protect the Services and Materials.

Myty Pro, the name Myty Pro, the term Myty Pro, the Myty Pro logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Myty Pro or its affiliates or licensors. Unless Myty Pro has given its prior written permission, you may not use these marks.

1.2 Access to and Use of the Services and Materials

Your acceptance of these Terms entitles You to access and make Permitted Use (as defined below) of (a) the Services, and (b) the Materials within the context of the Services.

Unless otherwise specified in Sections 1.3 and 2.2, Myty Pro does not transfer or license to You any intellectual property rights or other rights, titles, or interests in or to the Services, the Materials, or any copies thereof. It is important to note that the preceding sentence does not prohibit automatic reproduction or other use of Materials typical of computers accessing websites, to the extent necessary for Your computer to access and utilize the features of the Services provided by Myty Pro’s customers in general. All rights not expressly granted by these Terms are reserved by Myty Pro.

1.3 Permitted Uses/Accounts

Provided that You comply with these Terms, Myty Pro grants You a limited, nonexclusive, revocable, non-transferable, non-sublicensable license to do the following, depending on Your account type:

For owners of free accounts

  • Use the Materials and the Services to create two-dimensional or three-dimensional room designs or floor plans within the context of the Services limited to one project for personal, non-commercial or non-revenue generating purposes, commercial purposes or revenue generating activities.

For owners of paid accounts

  • Use the Materials and the Services to create two-dimensional or three-dimensional room designs or floor plans within the context of the Services in an unlimited number of projects for personal, non-commercial or non-revenue generating purposes, commercial purposes or revenue generating activities.
  • Add seats to the account allowing You to invite team members,  share projects and collaborate on them. 
  • Preview any room designs or floor plans You create using the Services and the Materials in AR.

1.4 Prohibited Uses

You must not use the Services other than for lawful purposes and in accordance with these Terms. By way of example and without limitation, You must not:

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from www.mytypro.com (or any subdomain) or the Myty Pro app.
  • Access or use any part of the Services, or any services or Materials available through the Services, for any purpose other than those permitted by us.
  • Allow third parties to exploit the Services or Materials in any other way.
  • Access, view, use, or copy any of the data files from which Myty Pro’s objects and floor plans are rendered, or any URLs at which such data files are located, other than (a) through Permitted Uses of the Services to create floor plans, including manipulating objects and floor plans.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or data files of the Services or Materials.
  • Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any export control laws or regulations).
  • Exploit, harm, or attempt to exploit or harm minors in any way, whether by exposing them to inappropriate content, seeking their personally identifiable information, or otherwise.
  • Distribute, or procure the distribution of, any advertising or promotional material, including junk mail, chain letters, or spam.
  • Impersonate or attempt to impersonate Myty Pro, its employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm Myty Pro or users of the Services, or expose them to liability.
  • Use the Services in any manner that could disable, overburden, damage, or impair the site or the Myty Pro app or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the Materials on the Services.
  • Monitor or copy any Materials on the Services manually without Our prior written consent, or for any other purpose not expressly authorized in these Terms.
  • Attempt to interfere with the proper functioning of the Services with devices, software, or routines.
  • Incorporate any malicious or technologically harmful material, such as viruses, Trojan horses, worms, or logic bombs.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
  • Attack the Services using any cyber attack or other means, including, but not limited to, a distributed denial-of-service attack.
  • Otherwise interfere with the proper functioning of the Services.
  • Make defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable User Contributions (as defined below in Section 2).
  • Promote or use sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected classification.
  • Affect the intellectual property or other rights of others by infringing any patent, trademark, trade secret, copyright, or other intellectual property or other rights.
  • Infringe on the rights of others (including publicity and privacy rights) or upload or use any material that may violate these Terms and Our Privacy Policy or give rise to any civil or criminal liability under applicable laws or regulations.
  • Post any User Contribution that may deceive others.
  • Promote any illegal activity or advocate, promote, or assist any unlawful act.
  • Engage in conduct that causes annoyance, inconvenience, or needless anxiety, or that is likely to upset, embarrass, alarm, or annoy any other person.
  • Misrepresent Your identity or Your affiliation with any person or organization.
  • Use the Services for commercial or revenue-generating activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, other than as provided by the Permitted Uses.
  • Give the impression that any of Your activities emanate from or are endorsed by Myty Pro or any other person or entity, if this is not the case.
  • Provide Your password or log-in information to any other person or third party.
  • Share non-public Materials or other Services content with any third party.

By using the Services or Materials other than as expressly permitted by these Terms, you are breaching these Terms and may violate copyright, trademark, or other laws. Using or providing another person with access to any part of the Services other than as permitted by the Permitted Uses, or violating these Terms in any other way, will result in the termination of your right to use the Services and the requirement that you return or destroy any copies of the Materials that you have made, at Our option and without limiting our other rights or remedies.

1.5 Subscriptions

Myty Pro offers paid seats through www.mytypro.com and  through the Myty Pro app (“Subscription(s)”).

Prices

All Subscription prices are subject to change without notice. The price charged for Services will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. We are not responsible for pricing, typographical, or other errors in any offer by Us, and We reserve the right to cancel any orders arising from such errors.

Payment terms

Terms of payment are within Our sole discretion. If You wish to buy a Subscription, You shall provide us with valid payment information, including, without limitation, Your payment card information if You choose to pay by card (e.g. card number, card expiration date, CVV/CVC code), and Your account information. You represent and warrant that (i) the credit card or other payment information You supply to us is true, correct, and complete, (ii) You are duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by You will be honored by Your credit card company, and (iv) You will pay charges incurred by You at the posted prices, including all applicable taxes, if any. By submitting such payment information, You automatically authorize Myty Pro to charge all Subscription fees incurred through Your account to any such payment instruments.

Billing

You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

Renewal

At the end of each Billing Cycle, Your Subscription will automatically renew under the same conditions unless You cancel it or Myty Pro cancels it. You may cancel Your Subscription renewal either through Your account profile page (if You use Our service through the website) or through the settings on Your mobile device (if You use Our service through the app on Your mobile device).

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Third-party payment services:

We may integrate with third-party services for the purpose of facilitating payment and the completion of Your purchases. By submitting Your information, You grant us the right to provide the information to these third parties subject to Our Privacy Policy.

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through Our website may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, Promotion rules will apply.

2. RIGHTS TO USER CONTRIBUTIONS

2.1. User Contributions and Uploaded 3D Models.

User Contribution” pertains to any virtual room, furniture arrangement, floor plan, or other 2D/3D scene, design, or model you create using the Services. User Contributions encompass, among other things, any 3D models, architectural designs, or other 2D/3D representations you create or upload to the Services (any “Uploaded 3D Model”), as well as any modified version of Materials that you create. You acknowledge and agree that any User Contribution, including the incorporated Uploaded 3D Models, that you upload will be treated as non-confidential.

2.2. Assignment.

You hereby irrevocably assign to Myty Pro, and Myty Pro hereby accepts all your ownership, right, title, and interest in and to each user contribution.

Additionally, you hereby irrevocably assign to Myty Pro, and Myty Pro hereby accepts, all of your ownership, right, title, and interest in and to any of the following that you created using the services at any time before execution of these terms of use: any virtual room, furniture array, or other two-dimensional or three-dimensional arrangement or representation, and any modified version or materials of the foregoing that you created (collectively, any “Prior Contributions”), except to the extent already separately assigned to Myty Pro. If Your Prior Contributions contain any materials, textures, 3D models, comments, descriptions, or other text of third parties that You upload to the Myty Pro website or app (“Prior Uploaded 3D Model”), You hereby grant Myty Pro a nonexclusive, perpetual, irrevocable, fully paid, royalty-free, worldwide license, effective as of the date of creation, to reproduce, create derivative works from, distribute, publicly display, publicly perform, use, make, have made, offer for sale, sell or otherwise dispose of, and import such Prior Uploaded 3D Model, with the right to sublicense and transfer each and every such right, in any medium now known or hereafter developed.

The rights assigned above pursuant to this Section 2.2 include, without limitation: (a) all copyrights, trademarks, trade secrets, and other intellectual property rights and all other rights that may hereafter be vested relating to User Contributions, and Prior Contributions, arising under any jurisdiction’s laws, together with all national, foreign, state, provincial, and common law registrations, applications for registration, and renewals and extensions thereof; (b) all goodwill associated with User Contributions, and Prior Contributions; and (c) all benefits, privileges, causes of action, and remedies relating to any of the foregoing, whether before or hereafter accrued (including without limitation the exclusive rights to apply for such registrations, renewals, and/or extensions, to sue for all past infringements or violations of any of the foregoing, and to settle and retain proceeds from any such actions).

In exchange for this assignment, Myty Pro hereby grants You a nonexclusive, perpetual, royalty-free, nonassignable, non-sublicenseable worldwide license to reproduce, modify, publicly display, and publicly perform Your User Contributions within the Services. In addition to the restrictions of Section 12 (Disclaimer of Warranties), Myty Pro makes no representation or warranty of any kind, express, implied, or statutory, with respect to such rights, including without limitation any such representation or warranty that the User Contributions will not infringe or misappropriate intellectual property rights, privacy rights, or other rights of third parties.

3. CONFIDENTIALITY

3.1. Confidential Information

“Confidential Information” refers to the following items: (a) any document Myty Pro marks “Confidential”; (b) any information Myty Pro orally designates as “Confidential” at the time of disclosure, provided Myty Pro confirms such designation in writing within 14 business days, as well as the following information whether or not marked or designated confidential: (c) all Myty Pro source code; (d) all data files underlying the objects and floor plans the Services allows users to create or manipulate as rendered images; (e) all URLs at which any of the foregoing are stored; and (d) any other nonpublic, sensitive information You should reasonably consider a trade secret or otherwise confidential. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Your possession at the time of disclosure, without violation of any person’s or entity’s rights; (ii) is independently developed by You without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of an improper action or inaction; or (iv) is approved for release in writing by Myty Pro. You are on notice that the Confidential Information may include Myty Pro’s valuable trade secrets.

3.2. Nondisclosure

You must not use Confidential Information for any purpose other than Your use of the Services (

the “Purpose”). You: (a) must not disclose Confidential Information to any employee or contractor unless such person needs access in order to facilitate the Purpose and executes a nondisclosure agreement with You with terms no less restrictive than those of this Section 3; and (b) shall not disclose Confidential Information to any other third party without Myty Pro’s prior written consent. Without limiting the generality of the foregoing, You shall protect Confidential Information with the same degree of care it uses to protect its own confidential information of similar nature and importance, but with no less than reasonable care. You must promptly notify Myty Pro of any misuse or misappropriation of Confidential Information that comes to Your attention. Notwithstanding the foregoing, You may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. You must give Myty Pro prompt notice of any such legal or governmental demand and reasonably cooperate with Myty Pro in any effort to seek a protective order or otherwise to contest such required disclosure.

3.3. Termination, Return, and Retention of Rights

Upon termination of these Terms, You must return or destroy all copies of Confidential Information or, if Myty Pro so requests, certify in writing the destruction thereof. These Terms do not transfer ownership of Confidential Information or grant a license thereto. Myty Pro will retain all right, title, and interest in and to all Confidential Information.

4. ACCOUNT SECURITY

If you are the owner of a paid account, You are responsible for ensuring that all persons who access the Services through Your account and through Your internet connection are aware of these Terms and comply with them.

5. ACCESSIBILITY OF THE SERVICES

Myty Pro reserves the right to withdraw or amend the Services and any Materials we provide through the Services in Our sole discretion and without notice. Myty Pro will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. You understand and agree that You may lose access to Materials at any time.

To access the Services or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Services that all the information You provide on the Services is correct, current, and complete. You agree that all information You provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by Our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with Our Privacy Policy.

You must not disclose your username or password to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Services or portions of it using Your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You understand and agree that accessing Your account from a public or shared computer increases the risk that others will view Your passwords, personal information, and other information, and You agree to take extra precautions when accessing Your account from such a medium.

Myty Pro has the right to disable any username, password, or other identifier, whether chosen by You or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our sole discretion, You have violated any provision of these Terms.

6. MONITORING AND ENFORCEMENT

Myty Pro has the right to:

  • Remove or refuse to post any User Contributions for any or no reason in Our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in Our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Myty Pro.
  • Where permitted by applicable law, disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Without limiting the foregoing, Myty Pro and its affiliates, licensees, and service providers may cooperate fully with law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services under appropriate circumstances. You waive and hold harmless Myty Pro and its affiliates, licensees, and service providers from any claims resulting from any such cooperation or from the acts or omissions of law enforcement authorities.

You understand and agree that: (a) Myty Pro does not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted; (b) Myty Pro is not responsible or liable for any action or inaction regarding transmissions, communications, or content provided by any user or third party; and (c) Myty Pro has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section 6.

7. CHANGES TO THE TERMS

Myty Pro may amend these Terms at Our sole discretion from time to time by posting a revised version on the Myty Pro website or making it available within the Service or within the Myty Pro app. Therefore, you must look at the Terms regularly to check for such changes. Such revised version of these Terms will become effective immediately upon being posted. If You do not want to accept amended Terms You shall not use Our service. Your continued use of the Service after the date the amended Terms are posted will constitute Your acceptance of the amended Terms. The contents of the Services are not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and We are under no obligation to update such material.

8. TERMINATION

The agreement between You and Myty Pro runs for an indefinite term. Myty Pro may unilaterally terminate these Terms at any time upon written notice to You. You may terminate these Terms with immediate effect by deleting Your account at Our website or Myty Pro app. Your projects and any related data will be deleted. In addition to Myty Pro may immediately and without giving notice suspend or terminate Your access to the Services if You breach these Terms.

Upon termination, You lose the right to access or use the Services and the Materials. The following provisions of these Terms will survive termination: (a) Sections 1.1, 2, 3, 6, 12, 13, 14, 15, 16, 17, and 18; (b) any payment obligation You incurred before termination; and (c) any provision of these Terms that must survive to fulfill its essential purpose.

9. ERROR REPORTING AND FEEDBACK

You may provide us directly at support@mytypro.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to Our Services (“Feedback”). You acknowledge and agree that: (i) You shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Myty Pro may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from You or any third party; and (iv) Myty Pro is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, You grant Myty Pro and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

10. RELIANCE ON INFORMATION POSTED

The information presented on or through the services is made available solely for general information purposes. Myty Pro does not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. Myty Pro disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other person or entity.

These services may include content provided by third parties, including materials provided by other users. All such content is solely the responsibility of the person or entity providing those materials. Myty Pro is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

11. LINKS FROM THE SERVICES

If the Services contain links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Myty Pro has no control over the contents of those sites or resources, and it is not responsible or liable for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to the Services, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

12. DISCLAIMER OF WARRANTIES

You understand and agree that Myty Pro does not guarantee or warrant that information available for downloading (if any) in connection with the services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the services or any items obtained through the services or to your downloading of any material provided through them, or on any website linked to them.

 Your use of the services, their content, and any items obtained through the services is at your own risk. The services and their content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Myty Pro nor any person associated with Myty Pro makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither Myty Pro nor anyone associated with Myty Pro represents or warrants that the services or their content or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the services or any items obtained through the services will otherwise meet your needs or expectations.

To the fullest extent provided by law, Myty Pro hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement of intellectual property rights, or fitness for particular purpose or any implied warranty arising from statute, course of dealing, course of performance, or usage of trade. Without limiting the generality of the foregoing, Myty Pro has no obligation to indemnify, defend, or hold you harmless, including without limitation against claims related to product liability or infringement of intellectual property rights.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

13. LIMITATION ON LIABILITY

To the fullest extent provided by law, in no event will Myty Pro, its affiliates, or their licensors,

Limitation on liability

To the fullest extent provided by law, in no event will Myty Pro, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the services, any websites linked to them, the materials, or any other content available through the services or on such other websites, to the extent such damages consist of indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. 

The provisions of this section 13 do not affect any liability that cannot be excluded or limited under applicable law.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Myty Pro, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claim, suit, or proceeding arising out of or related to, or alleging Your use of the Services or Materials or other assets gained through these Terms (any “Indemnified Claim”). Indemnified Claims, include, without limitation, claims, suits, and proceedings arising out of, related to, or alleging: (a) conduct that would violate these Terms or any use of the Services’ content, services, and products other than as expressly authorized in these Terms; (b) intellectual property infringement, violation of privacy, or misappropriation of trade secrets related to Myty Pro’s use or exploitation of Uploaded 3D Models or other User Contributions; or; or (iii) Your use or misuse of Materials or of other information obtained from the Services. Your obligations set forth in this Section 15 include, without limitation, retention and payment of attorneys and payment of court costs, as well as settlement at Your expense and payment of judgments and of any other liabilities, damages, awards, losses, costs, expenses, or fees. Myty Pro will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations. Myty Pro retains the right to defend itself to the extent that You fail to satisfy Your obligation to defend and indemnify Myty Pro, without waiving or forfeiting its right to defense and indemnification.

15. GOVERNING LAW AND PROCEDURES

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of France without giving effect to any choice of law or conflict of law provision or that would apply the substantive laws of another jurisdiction to the parties’ rights or duties.

These Terms do not permit class action (or class arbitration) or any claims brought in any class or representative arbitration proceeding, and You hereby waive any right to such an action or proceeding.

16. LEGAL PROCEDURES AND COSTS

You agree that breach of Section 2.2, 2.3, 2.4, 3, or 15 would cause Myty Pro irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Myty Pro will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.

The prevailing party in any litigation related to this Terms shall be reimbursed by the losing party for its reasonable attorneys’ fees and other reasonable out-of-pocket expenses incurred in such litigation, including without limitation in appellate courts.

17. LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these terms or the website or the application must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. This section 19 does not limit Myty Pro’s right to commence a cause of action or claim.

18. NOTICES

Any notice to be given hereunder by You to Myty Pro shall be by mail to: office@mytypro.com.

19. WAIVER AND SEVERABILITY

No waiver by Myty Pro of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Myty Pro to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

20. ENTIRE AGREEMENT

The Terms, including Privacy Policy constitute the sole and entire agreement between You and Myty Pro regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

21. YOUR COMMENTS AND CONCERNS

This website is operated by Myty, 7 boulevard des Filles du Calvaire, 75003 Paris, R.C.S Paris , 830 584 124.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@mytypro.com.