Miximizer Terms & Conditions

Last Updated: 2026-07-06

These Terms & Conditions ("Terms") govern your access to and use of the Miximizer cloud optimization platform (the "Service"), including the Miximizer web application, Microsoft Excel Office Add-in, APIs made available under the applicable subscription plan, and related services. The Service is operated by Vertex Optimization UG (haftungsbeschränkt), Alsterufer 20B, 20354 Hamburg, Germany ("Vertex Optimization", "we", "us", or "our").

By creating an account, installing or using the Microsoft Excel Office Add-in, accessing Miximizer through Microsoft AppSource or Microsoft Marketplace, or otherwise using the Service, you agree to be bound by these Terms.

For questions, please contact support@miximizer.app.

1. Definitions

• Service means the Miximizer SaaS platform, including the web application, Microsoft Excel Office Add-in, APIs (where available), optimization engine, and related functionality.
• Office Add-in means the Microsoft Excel add-in that connects Excel to the Miximizer cloud platform.
• User means any individual or legal entity using the Service.
• Content means data, spreadsheets, optimization models, files and other information uploaded or provided by the User.

2. Scope of the Service

Miximizer provides cloud-based optimization tools for industrial blending, recipe optimization, and production planning.

The Service currently includes:

1. Free tier access with limited capabilities.
2. Paid subscription plans with additional functionality.
3. Access through the web application, Microsoft Excel Office Add-in and other supported interfaces.
4. Mathematical optimization services operated by Vertex Optimization.

The Office Add-in is a client application that enables Users to access the Service directly from Microsoft Excel. Certain features require a Miximizer account and may require an active subscription.

Free tier access is provided at Vertex Optimization's discretion and does not create a contractual right to its continued provision. Vertex Optimization may modify, improve, replace or discontinue features, including the Free tier, at any time.

3. User Accounts

Users must provide accurate registration information.

Accounts are personal, non-transferable and must not be shared. Each account may only be used by the individual to whom it is registered.

Users are responsible for safeguarding their credentials and for all activity occurring under their account.

4. Data and Privacy

The Service processes account information, authentication metadata, subscription information, and any Content submitted by the User.

Optimization inputs and outputs are processed to perform optimization requests. Unless explicitly documented otherwise, optimization problem data is not retained after processing.

Use of the Service is also governed by the Miximizer Privacy Policy.

5. Subscriptions and Billing

Paid subscriptions may be purchased through:

• Microsoft AppSource / Microsoft Marketplace,
• direct agreements with Vertex Optimization,
• other approved sales channels.

Subscription activation and access to premium functionality depend on a valid entitlement.

Where a subscription is purchased through Microsoft AppSource or Microsoft Marketplace, purchase, renewal, cancellation, and billing are governed by the applicable Microsoft Marketplace terms and the configuration selected at purchase. If a Marketplace subscription is canceled, suspended, expired, or otherwise reported as inactive, Vertex Optimization may limit the account to Free tier functionality until an active entitlement is restored. If the Microsoft account or tenant used in Excel does not match an active entitlement, paid features may be unavailable for that session.

Refunds are handled according to the policies of the applicable purchase channel, including Microsoft Marketplace where applicable. For amounts billed directly by Vertex Optimization, refunds are issued only if explicitly approved, and no refunds are provided for partial billing periods.

6. License and Restrictions

Subject to these Terms, Vertex Optimization grants each User a limited, non-exclusive, non-transferable, revocable license to use the Service solely for internal business purposes.

Users may not:

• use the Service for illegal or unlawful purposes;
• upload malware, harmful files, or any material that may damage the Service;
• reverse engineer, decompile, copy, or redistribute any part of the Service;
• benchmark Miximizer or use it to develop a competing product;
• share account credentials or grant access to any person who does not hold an active license or subscription.

Vertex Optimization may suspend or terminate accounts engaged in prohibited activities.

7. Intellectual Property

All software, algorithms, mathematical models, source code, user interfaces, documentation, trademarks and other intellectual property relating to Miximizer remain the exclusive property of Vertex Optimization UG (haftungsbeschränkt). Users do not gain ownership rights by using the Service.

8. Availability and Disclaimer

The Service is provided "as is" and "as available".

Vertex Optimization does not guarantee uninterrupted or error-free operation, or the accuracy or completeness of optimization results. The Service is not intended or warranted for use in high-risk or safety-critical applications. Users are solely responsible for verifying that results are appropriate for their intended use before operational or business use.

9. Limitation of Liability

To the maximum extent permitted by law, Vertex Optimization's aggregate liability arising from or related to the Service is limited to the subscription fees paid by the User during the preceding twelve months.

Vertex Optimization shall not be liable for indirect, incidental, consequential, special or punitive damages, including loss of profits, production delays, or business interruption. These limitations apply regardless of legal theory (contract, tort, negligence, etc.).

10. Termination

Users may terminate their subscription in accordance with the applicable purchase channel.

Vertex Optimization may suspend or terminate access for non-payment, security reasons, fraud, repeated violations of these Terms, or other significant misuse. Where practicable, Vertex Optimization will apply a graduated response — a warning or temporary suspension before termination — but may suspend or terminate access immediately and without prior notice in cases involving security risks, fraud, or significant misuse.

Vertex Optimization may decline to activate, acknowledge, or renew a subscription for a User who has previously violated these Terms.

11. Governing Law

These Terms are governed by the laws of Germany.

To the extent permitted by applicable law, the courts of Hamburg, Germany shall have exclusive jurisdiction over disputes arising from these Terms.

12. Changes

Vertex Optimization may update these Terms from time to time. Material changes will be communicated through the Service or by email where appropriate. Continued use of the Service after changes take effect constitutes acceptance.

13. Contact

Vertex Optimization UG (haftungsbeschränkt)

Alsterufer 20B

20354 Hamburg

Germany

Email: support@miximizer.app

14. Open Source Software

The Service incorporates open-source software components governed by their respective licenses. A consolidated notice of open-source components used by Miximizer, along with corresponding license references, is available at: https://miximizer.app/open-source-licenses

Those licenses remain applicable to the corresponding components. In case of a conflict between an open-source license and these Terms, the open-source license shall prevail with respect to the applicable component.

15. Severability

If any provision of these Terms is or becomes invalid, unlawful, or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects its original economic intent.