Terms and Conditions

Last Updated: November 03, 2024

1. Introduction

Welcome to Mentara ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of Mentara's website, applications, AI coaching services, and other services (collectively, the "Services") provided by Mentara Inc. By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

2. Service Description

Mentara provides AI-powered coaching and support services for founders and entrepreneurs. Our Services include AI-based founder coaching, startup guidance and recommendations, progress tracking and analytics, resource recommendations, and interactive learning experiences. The Services provide general guidance and coaching through artificial intelligence. They are not a substitute for professional legal, financial, business, or other professional advice. Any recommendations or suggestions provided through our Services should be evaluated by you and your professional advisors before implementation.

AI Technology and Limitations

Our Services are built on large language models (LLMs) and are intended for informational and coaching purposes only. While we strive to provide high-quality AI coaching, you acknowledge and agree that LLMs have limitations in their knowledge and may occasionally produce inaccurate or inconsistent information ("hallucinations"). The AI coach is not a human coach and should not be regarded as a substitute for professional human coaching, therapy, medical advice, or any form of licensed professional services. You should verify any important information and not rely solely on the AI's guidance for critical business or personal decisions. The AI coach's responses are based on its training data and patterns, and while personalized, are not equivalent to human judgment or expertise.

3. Account Registration and Security

To access our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section. You are responsible for ensuring that all users under your account comply with these Terms.

AI Data Processing and Usage

Ownership of AI-Generated Content:

4. Subscription and Payment Terms

We offer various subscription plans with different features and pricing. The specific features and limitations of each plan are described on our pricing page. All payments are processed securely through our payment processor and subscriptions are billed in advance on a recurring basis. Prices are subject to change upon notice to you. All payments are non-refundable unless otherwise required by law. You may cancel your subscription at any time, however, you will not receive a refund for the current billing period. Upon cancellation, you will continue to have access to the Services through the end of your billing period, after which your account will automatically convert to a free account with limited features.

5. Acceptable Use and Restrictions

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services for any illegal purpose, share account access with unauthorized users, attempt to decrypt, decompile, reverse engineer, or disassemble the Services, probe, scan, or test the vulnerability of our systems, use the Services to harass, abuse, or harm others, interfere with or disrupt the Services, collect or store personal information about other users, or use the Services in violation of any applicable laws or regulations. When using our Services, you agree not to submit any content that infringes on intellectual property rights, contains malicious code, is deceptive or fraudulent, is defamatory, obscene, or offensive, violates any person's privacy rights, or promotes illegal activities.

In addition to the general restrictions, you specifically acknowledge and agree that when using our AI coaching services you will not share sensitive personal information, medical details, or confidential business information that requires professional-grade security. You understand that conversations with the AI coach may be retained and analyzed for service improvement and quality assurance purposes. You will not attempt to elicit responses from the AI that would constitute professional advice in regulated fields such as law, medicine, or financial services. You will maintain appropriate boundaries with the AI coach, understanding that it is a tool for personal and professional development, not a replacement for human relationships or professional services.

6. Intellectual Property Rights

All rights, title, and interest in and to the Services, including all intellectual property rights, are and will remain the exclusive property of Mentara and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms grants you the right to use the Mentara name, trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions without any obligation to you.

7. User Content

You retain your rights to any content you submit, post, or display on or through the Services. By submitting, posting, or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your content in connection with operating and providing the Services. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any content that you submit.

8. Communication

Electronic Communications
You consent to receive communications from us electronically, including:

These electronic communications satisfy any legal requirement for written communications. While you can opt out of marketing emails, you'll continue receiving essential service communications.

9. AI-Generated Content and Limitations

The Services utilize artificial intelligence to provide coaching and guidance. You acknowledge and agree that AI-generated content may not always be accurate, complete, or suitable for your specific circumstances. We make no representations, warranties, or guarantees about the accuracy, reliability, or appropriateness of the AI-generated content for your particular needs. You should exercise your own judgment and seek professional advice before implementing any suggestions or recommendations provided through the Services.

The AI coaching sessions are designed to provide general guidance and suggestions based on common business and personal development practices, reflective questions and feedback to support your growth, resources and frameworks for decision-making, and goal-setting and accountability support.

However, the Services explicitly do not provide licensed professional advice in any regulated field, diagnosis or treatment of any medical or psychological condition, legal, financial, or investment advice, or guarantees of specific outcomes or results.

You acknowledge that the effectiveness of the AI coaching depends on your honest and active participation, your judgment in implementing any suggestions, your responsibility to seek appropriate professional advice when needed, and your understanding that results may vary and are not guaranteed.

10. Confidentiality and Data Protection

We take the confidentiality of your information seriously. Our collection and use of personal information in connection with the Services is governed by our Privacy Policy and Data Processing Agreement. By using the Services, you acknowledge and agree that your personal information will be handled as described in our Privacy Policy. You understand that through your use of the Services you consent to the collection and use of this information as set forth in the Privacy Policy.

Regarding Conversation Data Usage: Your interactions with the AI coach are recorded and stored to provide and improve our Services. We may analyze conversation patterns to enhance the AI's coaching capabilities. Individual conversations may be reviewed by our team for quality assurance. We may use anonymized conversation data for research and development purposes. You maintain control over your conversation history and can request its deletion as per our Privacy Policy.

11. Disclaimers and Limitations of Liability

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Mentara, its subsidiaries, affiliates, and licensors do not warrant that: (a) the Services will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements.

In no event shall Mentara, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

12. Indemnification

You agree to defend, indemnify, and hold harmless Mentara and its licensors, licensees, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

13. Term and Termination

These Terms shall remain in full force and effect while you use the Services. We may terminate or suspend your access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Services and cancel your subscription through your account settings. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Account Termination Effects

14. Changes to the Services and Terms

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

16. International Use

The Services are controlled and operated from facilities in the United States. Mentara makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations.

17. Contact Information

If you have any questions about these Terms, please contact us at legal@mentara.io.

18. Entire Agreement

These Terms, together with the Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Mentara regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements between you and Mentara.

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.