Terms of Service
Please read these Terms of Service ("Terms") carefully before using the Battery Remote mobile application (the "App") and the mismo-tech.com website and webshop (the "Site"), operated by MISMOtech – Minos Eigenheer ("we", "us", or "our"), the Netherlands.
By creating an account, using the App or Site, or placing an order, you agree to be bound by these Terms. If you do not agree, do not use the App or Site.
1. Description of Service
Battery Remote is a mobile application that allows you to remotely monitor and manage compatible IoT tracker devices (e.g. EV battery management systems). The App connects to your devices via the Particle Cloud and Google Firebase infrastructure to display live telemetry data, historical logs, location information, and to send configuration commands to your devices.
2. Eligibility
You must be at least 16 years old (or the minimum age of digital consent in your country of residence, if higher) to create an account and use the App. By registering, you confirm that you meet this requirement. If you are using the App on behalf of a company or organisation, you represent that you have authority to bind that entity to these Terms.
3. Account Registration
You may register using an email address, a Google account, or an Apple ID. You are responsible for:
- Keeping your login credentials confidential.
- All activity that occurs under your account.
- Notifying us immediately at support@mismo-tech.com if you suspect unauthorised access.
We reserve the right to suspend or delete accounts that violate these Terms.
4. Acceptable Use
You agree to use the App only for its intended purpose and in compliance with applicable laws. You must not:
- Attempt to reverse-engineer, decompile, or tamper with the App or its backend services.
- Use the App to send unsolicited messages or to interfere with other users' devices.
- Share access to your devices with persons you do not trust or authorise.
- Use the App in a way that could damage, overload, or impair our servers or infrastructure.
5. Device Safety – Important Disclaimer
We expressly disclaim any liability for damage to property, vehicles, batteries, or any other equipment resulting from commands sent via the App.
6. Intellectual Property
All content within the App — including but not limited to source code, graphics, logos, and design — is owned by MISMOtech – Minos Eigenheer and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the App for personal or internal business purposes only. No rights are transferred to you beyond this licence.
7. Privacy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the App you consent to the collection and use of your data as described in the Privacy Policy.
8. Third-Party Services
The App relies on third-party services including Google Firebase, Particle Industries, and Google Maps. Your use of those services is additionally subject to their respective terms and privacy policies. We are not responsible for any failure, outage, or data loss caused by these third-party providers.
9. Availability and Changes to the Service
We strive to keep the App available at all times but do not guarantee uninterrupted availability. We reserve the right to modify, suspend, or discontinue any part of the App at any time, with or without notice. We may also update these Terms at any time. Continued use of the App after changes are published constitutes acceptance of the updated Terms.
10. Disclaimer of Warranties
The App is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy of data, or non-infringement. We do not warrant that the App will be error-free or that real-time data will always reflect the true state of your device.
11. Limitation of Liability
To the maximum extent permitted by applicable law, MISMOtech – Minos Eigenheer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of revenue, property damage, or personal injury, arising out of or related to your use of the App. Our total aggregate liability to you for direct damages shall not exceed the amount you paid us in the twelve months preceding the claim (or EUR 100 if no payment was made).
12. Termination
You may stop using the App and delete your account at any time via Settings → Account → Delete Account. We may terminate or suspend your access immediately, without prior notice, if we believe you have violated these Terms. Upon termination, your right to use the App ceases and your data will be deleted in accordance with the Privacy Policy.
13. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict-of-law principles. Any dispute arising from these Terms or the use of the App shall first be attempted to be resolved amicably. If no resolution is reached, the dispute shall be subject to the exclusive jurisdiction of the courts of the Netherlands.
If you are a consumer resident in the EU/EEA, you also have the right to submit a complaint to the online dispute resolution platform of the European Commission at ec.europa.eu/consumers/odr.
14. Webshop & Sales Terms (mismo-tech.com)
Seller
Products and subscriptions are sold by MISMOtech – Minos Eigenheer, the Netherlands. Contact: support@mismo-tech.com.
Prices
All prices are in euro (EUR) and include VAT. The applicable VAT is calculated at checkout based on your billing address. Shipping costs, where applicable, are shown before you confirm your order.
Orders & contract
A purchase contract is formed when we confirm your order (order confirmation email). We may refuse or cancel an order in case of pricing errors, suspected fraud, or unavailability, in which case any payment is refunded.
Payment
Payments are handled by Stripe and may include card, iDEAL, PayPal and SEPA direct debit. Hardware and shipping are charged at checkout.
Shipping & delivery
- Netherlands: €5.95 (PostNL, typically 2–3 business days).
- EU: €12.95 (PostNL International, typically 5–7 business days).
Delivery times are estimates and not guaranteed. Risk passes on delivery.
Subscription
- The monitoring subscription is €79 per device, per year, incl. VAT, and renews automatically each year until cancelled.
- Buying a tracker includes a 30-day free trial; the first charge occurs after the trial. A standalone subscription (for hardware already in your possession) starts and is charged immediately, with no trial.
- You can cancel at any time via the customer portal. On cancellation the subscription remains active until the end of the paid period.
- Removing a device mid-term does not generate a refund or credit — it stays billed to the end of the current period; the billed quantity is reduced at the next renewal.
- Additional devices added mid-term are charged pro-rata for the remaining period.
Right of withdrawal (EU consumers)
If you are a consumer in the EU, you have the right to withdraw from the purchase of physical hardware within 14 days of receipt, without giving a reason. To exercise it, contact support@mismo-tech.com. Return the goods in resalable condition; you bear the cost of return shipping. We refund the product price within 14 days of receiving the returned goods.
Where you expressly request that a service (such as the monitoring subscription or SIM activation) begins during the withdrawal period, you may owe a proportionate amount for the service provided before you withdraw, and the right of withdrawal ends once the service has been fully performed with your consent.
Warranty
Hardware is covered by your statutory conformity rights. Contact support for any defect or warranty claim.
Liability (webshop)
To the extent permitted by law, our liability arising from the webshop and the service is limited to the amount paid for the relevant order or subscription period. Nothing in these terms limits liability that cannot be limited by law.
15. Contact
For questions about these Terms, contact:
MISMOtech – Minos Eigenheer
the Netherlands
support@mismo-tech.com