Terms and Conditions

Last updated: August 26, 2026

These Terms and Conditions ("Terms") govern your access to and use of the websites, applications, products, tools, laboratories, content, and services provided by MISTINY ("MISTINY," "we," "us," or "our") (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization. Additional terms, an order form, service agreement, or product-specific terms may apply. If they conflict with these Terms, the more specific agreed terms control.

1. Eligibility and Authority

You must have the legal capacity to enter into a binding agreement and meet the minimum age required by applicable law. If you are below that age, you may use the Services only with valid authorization from a parent or legal guardian and only where permitted by law. You may not use the Services if applicable law prohibits us from providing them to you.

2. Accounts

You must provide accurate and current information, keep account credentials confidential, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account except to the extent caused by our breach of duty or otherwise provided by mandatory law. You may not transfer an account without our written permission. Organization administrators may manage organization accounts and associated data.

3. License to Use the Services

Subject to these Terms and any applicable order, MISTINY grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for their intended lawful purpose during the applicable service period. No rights are granted except as expressly stated.

4. Authorized Cybersecurity Use

Some Services are designed for security testing, malware analysis, threat intelligence, credential auditing, vulnerability research, or related cybersecurity activities. You may use those Services only on systems, accounts, networks, data, or other assets that you own or for which you have explicit authorization. You are solely responsible for obtaining all permissions and complying with applicable computer misuse, cybersecurity, privacy, communications, intellectual property, export control, and criminal laws.

Results may be incomplete, inaccurate, or capable of dual use. You must independently validate results and use appropriate professional judgment before acting on them.

5. Acceptable Use

You must not, and must not assist another person to:

• Use the Services unlawfully, fraudulently, deceptively, or in violation of another person's rights;
• Access, test, monitor, disrupt, damage, or compromise systems or data without authorization;
• Distribute malware, conduct phishing, steal credentials, evade lawful security controls, or facilitate unauthorized access;
• Upload content that is unlawful, infringing, defamatory, abusive, exploitative, or harmful;
• Interfere with the Services, bypass access restrictions, probe non-public systems, or impose an unreasonable load;
• Reverse engineer, decompile, disassemble, or attempt to derive source code except where applicable law expressly permits it;
• Copy, resell, sublicense, rent, provide service-bureau access to, or commercially exploit the Services except as authorized in writing;
• Remove proprietary notices or misrepresent the source, ownership, or performance of the Services;
• Use automated means to scrape or extract data except through an authorized interface and in accordance with applicable law; or
• Use the Services to develop or train a competing product where prohibited by an applicable agreement or law.

6. Submitted Files and Security Data

Do not submit files, credentials, personal information, confidential information, or other data unless you have the legal right and necessary authorization to do so. Security samples may be inherently harmful. You must use appropriate safeguards when uploading, downloading, storing, or handling them.

Unless product-specific terms state otherwise, you authorize us to host, copy, transmit, analyze, execute in isolated environments, transform, and otherwise process submitted data solely to provide, secure, support, and improve the Services, comply with law, and enforce these Terms. We may generate de-identified or aggregated information that does not identify you and use it for lawful business and security purposes.

7. Your Content

You retain ownership of content you submit to the Services ("Your Content"). You grant MISTINY and its service providers a worldwide, non-exclusive, royalty-free license to host, reproduce, transmit, display, modify, and otherwise process Your Content only as necessary to operate, secure, improve, and provide the Services, fulfill your instructions, and comply with law. This license ends when Your Content is deleted from our systems, subject to reasonable backup cycles, legal retention duties, and rights that must continue by their nature.

You represent that you have all rights and permissions needed for Your Content and that our authorized processing of it will not violate law or third-party rights.

8. MISTINY Intellectual Property

The Services, including their software, designs, documentation, text, graphics, trademarks, and other content, are owned by MISTINY or its licensors and are protected by intellectual property laws. These Terms do not transfer ownership to you. Any feedback you voluntarily provide may be used by us without restriction or payment, provided we do not publicly identify you without permission.

9. Third-Party Services and Open-Source Software

The Services may contain links to or integrate with third-party services. We do not control and are not responsible for third-party services, content, terms, or practices. Your use of them is governed by their terms. Open-source components are governed by their applicable licenses; where an open-source license conflicts with these Terms, that license controls for the relevant component.

10. Fees, Billing, Taxes, and Renewals

Paid Services are subject to the prices, billing periods, usage limits, and payment terms shown at purchase or in an order. Unless otherwise stated, fees are due in the specified currency and exclude applicable taxes. You are responsible for taxes other than taxes based on our net income. We may use third-party payment providers.

If a subscription automatically renews, we will disclose the renewal terms and provide any notices and cancellation methods required by law. Price changes apply prospectively after required notice. Refunds are provided as stated in the applicable order or refund policy and whenever required by mandatory consumer law.

11. Privacy

Our Privacy Policy explains how we process personal information. You must comply with applicable privacy and data protection laws when using the Services, including providing notices, obtaining consents, and honoring individual rights where required.

12. Confidentiality

If either party receives non-public information identified as confidential or that reasonably should be understood as confidential, the receiving party will use reasonable care to protect it and use it only for the purpose for which it was disclosed. This obligation does not apply to information that is independently developed without use of confidential information, lawfully received without restriction, publicly available through no breach, or approved for release. A party may disclose information when legally required after giving notice where lawful and practicable.

13. Service Availability and Changes

We may maintain, modify, update, suspend, or discontinue all or part of the Services. We will provide notice of material changes where reasonably practicable or required by law. We do not guarantee that the Services will always be available, uninterrupted, secure, or error-free. Service levels stated in a separate written agreement will govern where applicable.

14. Beta and Free Services

Preview, beta, trial, laboratory, experimental, and free Services may be changed or withdrawn at any time and may contain defects. To the maximum extent permitted by law, they are provided without service-level commitments, support obligations, or warranties unless we expressly state otherwise.

15. Warranties and Disclaimers

Nothing in these Terms excludes a warranty, guarantee, condition, remedy, or other right that cannot lawfully be excluded or limited.

Except for such mandatory rights and any express warranty in a separate written agreement, the Services are provided "as is" and "as available." To the maximum extent permitted by law, MISTINY and its suppliers disclaim all express, implied, statutory, and other warranties, including merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, and warranties arising from course of dealing or usage of trade.

Cybersecurity risks cannot be eliminated. We do not warrant that the Services will identify, prevent, block, or remediate every vulnerability, threat, malicious file, incident, or unauthorized activity, or that every finding will be correct.

16. Limitation of Liability

Nothing in these Terms excludes or limits liability where doing so is unlawful, including liability that cannot be limited under applicable consumer law and, where applicable, liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, death, or personal injury caused by negligence.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenue, business, goodwill, anticipated savings, or data, arising from or related to the Services, even if advised of the possibility.

To the maximum extent permitted by law, MISTINY's total aggregate liability arising from or related to the Services and these Terms will not exceed the greater of the amount you paid to MISTINY for the affected Services during the twelve months before the event giving rise to liability or USD 100. These limitations apply regardless of the legal theory and do not limit payment obligations or liability that cannot lawfully be limited.

17. Indemnification

If you use the Services for business purposes, you will defend, indemnify, and hold harmless MISTINY and its personnel from third-party claims, damages, and reasonable costs arising from Your Content, your unlawful or unauthorized use of the Services, or your material breach of these Terms. This section does not apply to consumers to the extent prohibited by law and does not require indemnification for matters caused by MISTINY.

18. Suspension and Termination

You may stop using the Services at any time and may close your account using available controls or by contacting us. We may restrict, suspend, or terminate access if you materially breach these Terms, create a security or legal risk, fail to pay amounts due, or if required by law. Where appropriate, we will provide notice and an opportunity to cure. We may immediately act when necessary to prevent harm, preserve security, or comply with law.

Upon termination, your right to use the Services ends. Provisions that by their nature should survive will survive, including provisions concerning ownership, accrued payment obligations, confidentiality, disclaimers, liability, indemnification, disputes, and general terms.

19. Export Controls, Sanctions, and Anti-Corruption

You must comply with applicable export control, import, economic sanctions, anti-boycott, and anti-corruption laws. You represent that you are not prohibited from receiving the Services and will not use, transfer, or provide them for a prohibited end use, destination, or person. You must not offer or accept an unlawful bribe or improper payment in connection with the Services.

20. Compliance with Law

Each party must comply with laws applicable to its performance under these Terms. If local law provides mandatory rights or protections that conflict with these Terms, those mandatory provisions control to the extent of the conflict. Nothing in these Terms requires either party to violate applicable law.

21. Governing Law and Disputes

Before filing a formal claim, you and MISTINY agree to attempt in good faith to resolve the dispute by sending written notice describing the issue and requested resolution. Either party may seek urgent injunctive or protective relief when necessary.

Except where mandatory law provides otherwise, these Terms are governed by the laws of the People's Republic of China, without regard to conflict-of-law rules, and disputes will be submitted to the competent courts in Chengdu, Sichuan. If you are a consumer, this provision does not deprive you of mandatory protections or the right to bring proceedings in a forum available under the law of your habitual residence. Nothing limits a right to use a regulator, consumer protection body, small-claims court, or other mandatory dispute process.

22. Changes to These Terms

We may update these Terms to reflect changes to the Services, our business, or applicable law. We will post the revised Terms, update the "Last updated" date, and provide additional notice where required. Changes apply prospectively. If a material change requires your consent, it will not apply until consent is obtained. If you do not agree to revised Terms, you must stop using the affected Services.

23. Electronic Communications

You consent to receive agreements, notices, and other communications electronically where permitted by law. You may retain copies for your records. This section does not affect any mandatory right to paper records or to withdraw consent to electronic communications.

24. General Terms

These Terms and any incorporated documents form the entire agreement regarding the Services unless a separate written agreement applies. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified only to the minimum extent necessary or severed, and the remaining provisions will continue in effect. You may not assign these Terms without our consent, except where mandatory law permits. We may assign them in connection with a merger, reorganization, sale of assets, or by operation of law, subject to applicable notice and consumer rights. Neither party is liable for delay caused by events beyond its reasonable control, except for payment obligations and where law provides otherwise. Headings are for convenience only.

25. Contact Us

For questions, complaints, or notices concerning these Terms, contact:

MISTINY
Room 2376, 26th Floor, No. 65 Kehua North Road
Chengdu, Sichuan, China
Email: contact@mistiny.com
Telephone: +86 184 2800 3550