Terms of Service
For businesses that use Misto
Last updated: October 2026
These Terms of Service ("Terms") are an agreement between you, the business using Misto ("you"), and Lund Brother Software LLC, doing business as Misto ("Misto," "we," or "us"). By creating an account or using the Misto mobile app, web app, or related services (the "Service"), you accept these Terms.
Your Account
You must be at least 18 and have authority to bind the business you register. Give us accurate information and keep it current. Keep your login credentials secure and tell us promptly at team@getmisto.com about any unauthorized use. You may add team members with roles (owner, manager, member, or viewer). You are responsible for everything done under your account, including by your team members.
The Service
Misto provides a point-of-sale app (including in-person card payments through Stripe Terminal and Tap to Pay), a web dashboard, products, events, sales reports and payouts, customer contact collection through Misto-hosted signup forms, cards, and links, and text messaging (SMS/MMS) from a toll-free number registered for your business. We may change, add, or remove features.
Subscriptions and Billing
Misto offers a free tier and paid subscription plans, billed through Stripe. Paid plans renew automatically each billing period until you cancel, and you authorize us to charge your payment method for fees and applicable taxes. You can cancel anytime; cancellation takes effect at the end of the current billing period. Fees are non-refundable except where required by law. We will notify you before a price change takes effect, and continued use after that means you accept the new price.
Payment Processing
Payment processing services for businesses on Misto are provided by Stripe and are subject to the Stripe Connected Account Agreement (https://stripe.com/connect-account/legal/full), which includes the Stripe Terms of Service (https://stripe.com/legal/ssa) (collectively, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to operate as a business on Misto, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Misto enabling payment processing services through Stripe, you agree to provide Misto accurate and complete information about you and your business, and you authorize Misto to share it and transaction information related to your use of the payment processing services provided by Stripe. Stripe processes your data as described in the Stripe Privacy Policy (https://stripe.com/privacy). Misto does not hold your funds and is not responsible for Stripe's payouts, holds, or dispute decisions.
Text Messaging
Our texting provider (currently Twilio) delivers the texts you send through Misto. Misto is the software provider; you are the sender and are responsible for every text you send. You agree to the following.
Consent: Text only people who gave your business prior express written consent to receive texts, as Misto's signup forms collect. Consent must be specific to your business. Never use a list that was bought, rented, shared, or transferred.
Proof of consent: Misto records consent that customers give through Misto, such as signup forms, checkout, and texting START. For contacts you add yourself, keep records showing when and how each person consented, at least until they opt out, and provide them to us or our texting provider on request.
Identification: Misto adds your business name and opt-out instructions to the first text each contact receives. Make sure your other texts, especially ones that start a new conversation, make clear they're from your business.
Opt-outs: Honor opt-outs immediately. Misto processes STOP and START replies automatically; do not work around them. After someone opts out, you may send at most one text confirming the opt-out, and nothing more unless they opt back in.
Forbidden content: Do not send texts for or about cannabis, CBD, kratom, or drug paraphernalia; other illegal substances or products; prescription drugs; firearms; vape or e-cigarette products; tobacco; fireworks; gambling; sexual content; hate; high-risk financial services (such as payday loans or cryptocurrency); third-party debt collection, debt relief, or credit repair; "get rich quick" schemes; third-party lead generation; or phishing and fraud. Alcohol is allowed only if recipients' ages are verified by date of birth before they sign up.
No abuse: No spam or unsolicited bulk messaging; no snowshoeing (spreading texts across numbers) or other attempts to evade carrier filters, such as deliberate misspellings; and no spoofing or misrepresenting who the sender is.
Law and provider policies: Follow all applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and state texting and telemarketing laws, and our texting provider's Acceptable Use Policy (https://www.twilio.com/en-us/legal/aup) and Messaging Policy (https://www.twilio.com/en-us/legal/messaging-policy).
Number verification: Only the business owner can register your texting number. By registering, you authorize Misto to submit your business information to our texting provider and wireless carriers to verify your number, and you certify that the information is accurate. Carriers decide whether to approve it.
Fees: Carrier fines, penalties, or fees caused by your texts may be charged to you.
Your Customer Data
You own your customer list and the content you add to Misto ("Your Data"). You are responsible for having permission to collect, store, and contact everyone in it, and you must not upload contacts you lack permission for. You let Misto host and process Your Data on your behalf to provide the Service, as described in our Privacy Policy (https://www.getmisto.com/vendor-privacy-policy) and Customer Privacy Policy (https://www.getmisto.com/privacy-policy). Customers who sign up through your Misto forms agree to our Customer Terms (https://www.getmisto.com/terms-of-use).
Acceptable Use
Do not use the Service to break the law, infringe anyone's rights, deceive people, send malware, access accounts or data without permission, or interfere with or overload the Service. Do not copy, reverse engineer, or resell the Service.
Suspension and Termination
We may suspend your texting, your account, or both, with or without notice, if we reasonably believe you violated these Terms, if our texting provider, a carrier, or Stripe requires it, or if your use poses a risk to Misto, other users, or the public. We may terminate your account for serious or repeated violations. You may cancel anytime in the app or by emailing team@getmisto.com. When your account ends, your access to the Service and your texting number stop, unpaid fees remain due, and we may delete Your Data except where the law requires us to keep it. Sections 6 and 9 through 13 continue to apply after your account ends.
Indemnification
You will defend, indemnify, and hold harmless Misto and its owners, employees, and agents from any claims, fines, damages, losses, and costs (including reasonable attorneys' fees) arising from your texts, your content, Your Data, your products or sales, or your breach of these Terms or the law.
Disclaimers
The Service is provided "as is" and "as available," without warranties of any kind, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the Service will be uninterrupted or error-free, or that any text will be delivered; carriers may filter or block messages.
Limitation of Liability
To the fullest extent allowed by law, Misto is not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Misto's total liability for any claim relating to the Service is limited to the greater of the fees you paid Misto in the 12 months before the claim or $100.
Changes to These Terms
We may update these Terms. We will post the new version with a new "Last updated" date and notify you by email or in the app of material changes. Continuing to use the Service after the changes take effect means you accept them.
Governing Law and Venue
Utah law governs these Terms, without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in Utah, and you consent to their jurisdiction.
General
These Terms and the policies linked in them are the entire agreement between you and Misto about the Service. If any part is unenforceable, the rest stays in effect. You may not transfer these Terms without our written consent.
Contact
Lund Brother Software LLC (dba Misto)
team@getmisto.com
