Terms of Service

These Terms of Service (“Terms”) are concluded between Astalyne Studios, owner Oguzhan Günel, Günzburger Str. 37, 89340 Leipheim, Germany (“Mitves”) and the company or organisation that creates a Mitves account or signs an order form (“Customer”).

By creating an account, starting a trial or using the Service, the person acting on behalf of the Customer confirms that they are authorised to bind the Customer to these Terms.

The Service is offered to businesses and organisations only; it is not intended for consumers.

Order forms, the data processing agreement and the privacy policy form part of the agreement. In case of conflict, a signed order form prevails over these Terms.

Mitves is a cloud-based time and attendance (PDKS) service. Employees record check-in, check-out and breaks through the mobile application using QR codes, location verification and device authorisation; managers and administrators manage employees, shifts, leave, excuses, corrections, reports, payroll documents, announcements and integrations through the mobile app and the web dashboard.

Mitves provides an API and webhooks for integration with the Customer’s own systems. API usage is subject to the fair-use limits published in the documentation.

Mitves aims to keep the Service available around the clock, except for planned maintenance announced in advance and for events outside Mitves’ reasonable control. A specific uptime commitment, if any, is stated in the order form.

Support is provided by e-mail at [email protected] during business hours. Response targets, if any, are stated in the order form.

Mitves may change or improve the Service over time and will not materially reduce its core functionality during a paid term without notice.

The Customer administrator creates and manages user accounts. The roles are administrator (full configuration and access), manager (limited to assigned branches or teams) and employee (self-service only).

The Customer is responsible for keeping credentials confidential, for the actions taken under its accounts and for removing access when a user leaves.

Mitves may suspend an account that is used in breach of these Terms, poses a security risk or has unpaid invoices after a reminder, and will inform the Customer without undue delay.

The Customer uses the Service only for lawful purposes and in accordance with the employment, data-protection and working-time laws that apply to it.

The Customer informs its employees about the processing of their data (for example through a privacy notice or, in Türkiye, an aydınlatma metni) and obtains any consent that applicable law requires before enabling location verification or other optional checks.

The Customer keeps the data it enters accurate and up to date, including employee lists, authorised locations and shift plans.

The Customer does not attempt to access other customers’ data, reverse engineer the Service, overload it or use it to build a competing product.

The Customer is responsible for the devices and network connectivity used by its employees.

Subscriptions are annual. The fee is calculated per active user or per location, whichever results in the higher amount, according to the price list on the website or the order form.

New customers may use a free trial of 7 days. No credit card is required to start the trial. If no licence is bought by the end of the trial, the account becomes read-only until one is bought; its data is then deleted as described under “Term, termination, data export and deletion”.

Before its first licence, a new Customer is verified once: its administrators upload a trade register extract, a business registration or a comparable official document, and Mitves checks it against the billing details. A licence can be ordered once Mitves has confirmed the verification; Mitves may decline it with a reason, and the Customer may then send new documents. If a trial ends while the check runs, the account keeps working for up to 7 days after the documents were sent. A new legal name, country or VAT ID needs a new verification before the next order.

A licence is paid in advance for a term of one year (365 days) when it is ordered, by card or another method offered by Stripe, by PayPal or by bank transfer; Stripe and PayPal process the payment on their own pages under their own terms, and a licence ordered by bank transfer starts when the payment arrives. Prices are final prices in the currency shown. VAT is added only where Mitves has to charge it: for as long as Mitves is a small business under § 19 UStG (German VAT Act), no VAT is charged; a business customer in another EU country whose VAT ID the EU VIES service confirms owes the VAT itself (reverse charge); for customers outside the EU no German VAT applies. The order summary shows the VAT treatment before the order is placed.

Raising the licence during a term is charged pro rata for the days left. A smaller licence applies from the next renewal.

The price shown when the licence is ordered applies to the whole term. A price change never affects a term already paid.

A licence is not renewed automatically: it ends with its term unless the Customer renews it. Mitves reminds the administrators 30, 7 and 1 day before the end. After the end the account keeps working for 14 days and then becomes read-only until the licence is renewed.

Mitves processes personal data of the Customer’s employees as a processor on the Customer’s behalf. The parties enter into a data processing agreement (DPA) that forms part of these Terms and sets out the subject matter, duration, nature and purpose of processing, the categories of data subjects and data, sub-processors, security measures and audit rights.

The Customer remains the data controller and is responsible for the lawfulness of the processing it instructs.

Mitves does not collect biometric data and does not track employees continuously. Details are set out in the privacy policy.

Mitves hosts customer data in the European Union. The DPA describes the rules for any transfer outside the EU and the responsibilities of the Customer where its own law treats EU hosting as an international transfer.

The Service, including software, design, documentation and trademarks, is owned by Mitves or its licensors and is protected by intellectual property law. The Customer receives a non-exclusive, non-transferable right to use the Service during the subscription term.

Customer data remains the property of the Customer. The Customer grants Mitves the right to process customer data only as necessary to provide the Service.

Mitves may use aggregated and anonymised usage statistics that cannot be linked to the Customer or to any individual in order to improve the Service.

Feedback and suggestions may be used by Mitves without any obligation.

Mitves is liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, and wherever liability cannot be limited under mandatory law.

In all other cases the total liability of Mitves under this agreement is limited to the fees paid by the Customer in the twelve months preceding the event giving rise to the claim.

Mitves is not liable for indirect or consequential damage, loss of profit, or losses resulting from incorrect data entered by the Customer, from the Customer’s own breach of labour or data-protection law, or from the unavailability of the Customer’s devices or network.

The Service supports but does not replace the Customer’s legal obligations as an employer. Attendance records produced by the Service must be checked by the Customer before they are used for payroll or legal purposes.

The agreement runs for as long as the Customer has a Mitves account; licence terms end as described in the billing section.

Either party may terminate for cause with immediate effect if the other party materially breaches the agreement and does not remedy the breach within 30 days of written notice.

On termination the Customer may export its data (employees, attendance records, reports and payroll documents) through the export functions of the Service for 30 days. After this period Mitves deletes or anonymises the Customer’s data within 90 days, unless a longer retention period is required by law.

Fees already paid are not refunded on termination, except where termination results from a material breach by Mitves.

These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is a merchant, a legal entity under public law or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is the seat of Mitves. For customers established in Türkiye these Terms are governed by the laws of the Republic of Türkiye, and the Istanbul (Çağlayan) courts and enforcement offices have jurisdiction. An order form may provide otherwise.

Mandatory rules that protect the Customer or its employees are not affected.

Mitves may update these Terms. Changes are announced at least 30 days before they take effect by e-mail or in the dashboard. If the Customer does not agree, it may end the agreement before the change takes effect.

If any provision is invalid, the remaining provisions remain in force.