Terms and Conditions of Use

1. General information and acceptance

These Terms and Conditions of Use (the “Terms”) govern access to and use of the Mitosk mobile application and all associated services, features, content and experiences (collectively, the “Service”), owned by Mitosk. Contact: legal@mitosk.com.

The Service is a gamified educational tool that uses artificial intelligence to generate and access personalised educational content (“Worlds”), interact with a conversational tutor (“Ratatosk”), take part in multiplayer games and leagues, and access premium features.

Accessing or using the Service makes you a user (“User”) and constitutes full and unconditional acceptance of the current version of these Terms. Users who do not agree must refrain from using the Service. The terms applicable to educational centres and institutions are governed by a separate contractual document.

1.1. Definitions

• “World”: a unit of educational content generated from material supplied by the User or created by Mitosk.
• “Public World”: a World that the User shares with the community.
• “User Content”: any material the User supplies or enters into the Service (text, PDF documents, images and descriptions).
• “Generated Content”: output produced by AI systems from User Content, including exercises, study cards, mini-games, podcast scripts, summaries and questions. Owned by Mitosk (clause 16).
• “Tutor”: an AI-based conversational assistant (Ratatosk).
• “Virtual Currency”: the game's internal currency, with no real monetary value.
• “Virtual Items”: cosmetic or gameplay elements (avatars, frames, boosters, shields, tokens and similar items).
• “Virtual Objects”: the collective term for Virtual Currency and Virtual Items.
• “Premium Plan”: a paid subscription.
• “Stores”: Apple App Store and Google Play.
• “AI Providers”: Google (Gemini), Mistral, Groq and Fireworks.
• “Search Provider”: Tavily, used for “Expand content”.
• “Ad Network”: Google AdMob and any additional networks integrated into the Service.

2. Capacity, age and minors' accounts

2.1. Minimum age

The Service is available to all ages. When registering, Users must provide their date of birth and their country of residence; the ages that apply to them are those of that country. Up to the age Mitosk sets for each country (16 unless another is stated), the User is a “Minor” and their registration requires permission from their Parent or Legal Guardian. Below the minimum age the law of their country sets for consenting to the processing of their own data (for example, 14 in Spain, 13 in the US and 18 in India), consent regarding their data and the artificial intelligence features is given by their Parent or Legal Guardian.

2.2. Parental consent

When a User is identified as a Minor, the Service requests their Parent or Legal Guardian's email address and sends them an authorisation code. Until the Parent or Legal Guardian enters it, the account cannot be used to play.

2.3. Accuracy of information

Users undertake to provide truthful information. Giving a false age to bypass controls is a serious breach of these Terms.

3. Accounts: ownership, security and inactivity

3.1. Ownership

The Account belongs to Mitosk. The User receives a personal, non-exclusive, non-transferable and revocable right to access and use the Service under these Terms.

3.2. Security

Users are responsible for safeguarding their credentials and for all activity under their Account. Registration may use an email address or identity providers (Google / Apple).

3.3. One account per person

Creating multiple accounts is prohibited.

3.4. Inactivity

Mitosk may consider an Account inactive after 24 consecutive months without access, having first notified the User by email.

4. Nature of the Service: an AI processing tool

4.1. Transformative operation

Mitosk radically transforms the material supplied into educational content of a completely different nature. The Service generates interactive exercises, study cards, mini-games, podcast scripts and summaries from User Content.

4.2. Processing and retention

To process the material supplied, the Service may retain inputs, files and technical artefacts needed to generate, resume or review a World. Results, summaries and references are stored to provide the content and the Tutor. Immediate deletion of every copy after generation is not guaranteed; the applicable periods and criteria will be set out in the Privacy Policy before public launch.

4.3. RAG system and dense summary

The Tutor works from an AI-generated dense summary — a transformed synthesis of the original content — rather than the source material.

4.4. Processing by third-party AI Providers

Users acknowledge that, to provide the Service, User Content and questions to the Tutor are transmitted to the AI Providers (Google Gemini, Mistral, Groq, Fireworks) and the Search Provider (Tavily). The providers actually used depend on the task and configuration. Before public launch, the processing terms, training-use options and transfer safeguards for each activated service must be verified and documented.

4.5. No warranty for Generated Content

Generated Content is produced automatically and may contain inaccuracies. It is provided solely for educational purposes and does not constitute professional advice.

4.6. Identifying AI-produced content

Mitosk identifies AI-generated content. The Tutor is presented as an AI assistant. Podcasts are identified as AI-generated recreations; guest dialogues are fictional recreations and do not represent any person's actual statements.

4.7. Similarity of Generated Content

Given the nature of AI, Generated Content may not be unique; other Users may obtain similar results from equivalent inputs.

4.8. Availability and changes

Mitosk may update, modify, suspend or discontinue all or part of the Service, endeavouring to give reasonable advance notice. Beta features are provided “as is” and may change at any time.

4.9. Retention of Generated Content and metrics to improve the Service

The Service may record results and metrics for technical evaluation depending on the plan and configuration. These records may contain personal data or source excerpts; they are not anonymous by default. The improvement and training policy, its legal basis, retention and exclusions by plan must be settled before public launch. Security and operational records are a separate processing activity.

5. Creating Worlds and User Content

5.1. Creation sources

Users may create Worlds from: (i) free text; (ii) their own PDF documents; and (iii) their own images with a description. The Service may expand the content through web searches (Tavily).

5.2. Processing supplied material

The supplied material is processed to create the World. Its retention, resumption artefacts and evaluation data are governed by the Privacy Policy; they are not automatically anonymous because AI has transformed them.

5.3. Declaration of rights

Users represent and warrant that they hold all necessary rights to their User Content.

5.4. Prohibited content

• Images with faces or identifiable people, third parties' personal data, or special-category data.
• Adult, violent, unlawful or harmful content.
• Child exploitation or abuse material.
• Protected content used without permission.

5.5. Licence to User Content

Users retain ownership of their content. By supplying it, they grant Mitosk a worldwide, non-exclusive, irrevocable, royalty-free licence to process, transform and communicate the transformed content to the public within the Service.

6. Public Worlds

6.1. Publication and licence

By making a World public, Users grant Mitosk a worldwide, non-exclusive, irrevocable, perpetual, royalty-free licence to host, reproduce, adapt and sublicense that World within the Service.

6.2. Continued availability after account closure

The licence survives account closure. The Public World may remain available under the Service's terms and the Privacy Policy. Removing author identifiers does not in itself demonstrate that its content has been anonymised; personal data processing is governed by that policy.

6.3. Responsibility

Mitosk does not claim authorship of or endorse content published by Users.

7. Social features, Multiplayer and Leagues

7.1. Social information

Only basic statistics, the alias and the avatar provided by the Service are shown between Users.

7.2. No direct communication

The Service does not include chat or direct messaging. Invitations are sent with a single tap and contain no free text.

7.3. Multiplayer and Leagues

Multiplayer mode lets players compete in question-based games. Leagues are independent of the plan purchased.

7.4. Fair play

Bots, automation, result manipulation, win-trading, exploiting bugs and using multiple accounts to manipulate rankings are prohibited.

7.5. Alias

Mitosk recommends not using your real name as your alias. Aliases cannot contain spaces and are subject to inappropriate-content filters.

8. Game economy: progression, energy, Virtual Objects and chests

8.1. Merit-based progression

All Virtual Items and advantages can be earned through play. The Premium Plan and purchases offer convenience benefits rather than academic advantages.

8.2. Energy system

The free tier may limit the pace of play through energy that recharges over time.

8.3. Nature of Virtual Objects

When acquiring or obtaining Virtual Objects, Users receive a limited, personal, non-exclusive, non-transferable and revocable right to use them. Virtual Objects have no real monetary value outside the Service.

8.4. Virtual Currency

It does not expire, is non-transferable, cannot be exchanged for real money and cannot be traded on secondary markets.

8.5. Chests and probabilities

Chests cannot be bought with real money; they are earned through merit. Mitosk publishes the probabilities.

8.6. Non-refundable nature

Virtual Objects are non-refundable unless mandatory law requires otherwise. Closing an Account means losing all progress, Items and Virtual Currency.

8.7. Purchases by Minors

Real-money purchases from Minors' accounts require permission from their Parent or Legal Guardian.

9. Premium Plan, payments and right of withdrawal

9.1. Premium Plan

A paid plan whose benefits must be shown before purchase. The pre-production website does not yet offer a price or final conditions for creating worlds. Plan-based exclusions from improvement records do not mean that data needed to provide and protect the Service will no longer be processed.

9.2. Payment processing

Payments are processed through the Stores (Apple App Store / Google Play), whose policies may allow refunds under their own conditions.

9.3. Renewal and cancellation

The subscription renews automatically unless cancelled beforehand. Mitosk will give advance notice of renewals and price changes.

9.4. Right of withdrawal

Under Article 103.m) of the TRLGDCU and Directive 2011/83/EU, the Premium Plan is a digital service provided with immediate performance. On purchase, Users expressly request immediate commencement and acknowledge that they lose their right of withdrawal (through a specific checkbox that is not pre-ticked). No free trial period.

10. Advertising and brand collaborations

10.1. Advertising in the free plan

The free tier is funded by advertising. Minors are shown only non-personalised contextual advertising.

10.2. Brand collaborations

The Service may include branded content that is available temporarily and clearly identified as advertising. For Minors, it is presented without behavioural techniques.

11. User conduct and prohibited uses

Users undertake to act lawfully and with due care. The following are expressly prohibited:

• Supplying or publishing unlawful, offensive, defamatory, discriminatory, violent or sexual content, content inciting hatred, or content infringing third-party rights.
• Supplying child exploitation or abuse material.
• Impersonating other people or creating false profiles.
• Sharing an Account or access credentials.
• Creating multiple accounts.
• Attempting to bypass moderation filters, security systems or age-verification mechanisms.
• Reverse engineering, decompiling or disassembling the Service.
• Using scraping, data mining, robots or automated methods.
• Using Service content to train, develop or improve third-party AI models.
• Entering instructions to manipulate AI systems (prompt injection).
• Using bots, cheats, hacks, mods or unauthorised software.
• Manipulating results, engaging in win-trading or exploiting Service bugs.
• Collecting, storing or publishing other Users' personal data.
• Publishing or distributing other Users' content outside the Service without permission.
• Any other use contrary to these Terms or applicable law.

12. Content monitoring and filtering

Mitosk may automatically monitor, analyse and filter User Content, questions to the Tutor, aliases and any other input to detect prohibited content and ensure compliance with these Terms. Users give their express consent.

13. Moderation, reports and complaints

13.1. Moderation

Mitosk uses automated filters and reporting mechanisms to detect prohibited content.

13.2. Reporting

Each World has a report button (visual error, incorrect material, intellectual property infringement, inappropriate content or other reasons).

13.3. Review and representations

Mitosk will notify Users of the decision and its reasons. Users may submit representations by replying to the notification email.

13.4. Sanctions

Proportionate and graduated: they may include temporary restrictions or Account suspension.

13.5. Support contact

support@mitosk.com.

13.6. Protection of minors

A specific procedure: immediate removal of content, account blocking and reporting to the competent authorities.

14. Suspension and termination

14.1. By the User

Users may close their Account at any time, losing all their progress.

14.2. By Mitosk

Mitosk may restrict, suspend or cancel an Account when the User breaches these Terms or applicable law.

14.3. Effects

The right to use the Service ends. Users may lose their progress, Items and Virtual Currency without compensation.

14.4. Survival

The clauses on intellectual property, licences, ownership of Generated Content, limitation of liability, indemnity, applicable law and dispute resolution survive termination.

15. Mitosk's intellectual property

All rights to the Service and its elements — software, code, design, interface, characters (including Ratatosk and her personalities), brands, logos, trade names, themes, settings, subjects, illustrations, animations, audiovisual effects, sounds, musical compositions, synthetic voices, dialogues and generation algorithms — belong to Mitosk or its licensors. Reproducing, extracting or using Service content to train third-party AI models is prohibited.

16. Ownership of Generated Content

Generated Content belongs to Mitosk to the extent that ownership is recognised by law. Users receive a personal, non-transferable right to use it within the Service. Users waive any claim to ownership of Generated Content arising from their contribution of User Content.

17. Third-party services and providers

The Service relies on the AI Providers (Google Gemini, Mistral, Groq, Fireworks), the Search Provider (Tavily), the Ad Network (Google AdMob) and the Stores. The provider inventory and their terms are reviewed before public launch. Providers are not assumed to share the same legal role, region or data-use policy.

18. Distribution through the Stores

18.1. Apple App Store

• These Terms are entered into exclusively between the User and Mitosk, not Apple.
• The licence is limited to use on Apple-branded products that the User owns or controls.
• Apple has no maintenance or support obligations.
• Mitosk is responsible for product, regulatory, consumer and intellectual property claims.
• Apple and its subsidiaries are third-party beneficiaries of these Terms.

18.2. Google Play

Google Play's terms apply, without prejudice to these Terms.

19. Communications

Mitosk communicates through: (i) the in-app news system; and (ii) email for operational and legal communications. Users must keep their email address up to date.

20. Disclaimer and limitation of liability

The Service is provided “AS IS” and “AS AVAILABLE”. To the fullest extent permitted by law, Mitosk's total liability is limited to the greater of: (a) the amounts paid by the User in the previous 12 months; or (b) €100. Nothing excludes liability for wilful misconduct, gross negligence, harm to life or physical integrity, or mandatory consumer rights.

21. Indemnity

Users undertake to indemnify and hold Mitosk harmless against claims arising from: (i) breach of these Terms; (ii) infringement of third-party rights; (iii) unlawful use of the Service; or (iv) their conduct towards other Users.

22. Force majeure

Mitosk is not liable for failure or delay caused by circumstances beyond its reasonable control.

23. Assignment

Users may not assign their rights without Mitosk's consent. Mitosk may assign these Terms to group entities or third parties as part of a restructuring, merger or transfer of assets.

24. Suggestions and feedback

Users who provide suggestions grant Mitosk a free, perpetual, irrevocable, worldwide and sublicensable licence to use them without restriction.

25. Export controls

Users undertake to comply with applicable export-control and sanctions rules and declare that they do not access the Service from excluded territories.

26. Data protection

Personal data processing is governed by the Privacy Policy and, for Minors, the Privacy Policy for Minors, which form an integral part of these Terms.

27. Dispute resolution

27.1. Prior informal resolution

The parties will try to resolve any dispute amicably for 30 calendar days before starting any formal proceedings.

27.2. Applicable law

Spanish law.

27.3. EU consumers

They may bring proceedings before the courts of their place of residence. Mandatory arbitration is not imposed. The European Commission provides information on alternative dispute resolution bodies for consumer disputes.

27.4. Other jurisdictions

The courts of Spain, unless mandatory law provides otherwise.

28. Changes to the Terms

Mitosk may amend these Terms with reasonable advance notice. Each new version is published with its date and, once it takes effect, Users must accept it to keep playing; if they have not reached the age of consent in their country, their Parent or Legal Guardian accepts it. Until it is accepted, Users can sign in to view or delete their account, but not play.

29. General provisions

If any clause is declared void, the remainder stays in force. Failure to enforce compliance does not constitute a waiver. If language versions differ, the Spanish version prevails. These Terms, together with the Privacy Policy, constitute the entire agreement between the parties.