Terms of Service

1. Introduction

Welcome to MentalityMate ("Company", "we", "our", "us"). These Terms of Service ("Terms", "Terms of Service") govern your use of our website and mobile application (together or individually, the "Service") operated by MentalityMate.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: Privacy Policy.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

2. Acceptance of Terms

By creating an account or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

3. Eligibility

You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years of age;
• You have the legal capacity to enter into a binding agreement with us;
• You are not prohibited from using the Service under the laws of your jurisdiction.

If you are creating an account on behalf of a minor, you must be their legal guardian and you agree to be responsible for ensuring their compliance with these Terms.

4. Account Registration and Security

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. Services Description

MentalityMate provides a digital mental health platform that offers various services including but not limited to:

• AI-assisted therapy and support
• Access to licensed mental health professionals
• Journaling and self-reflection tools
• Guided exercises and resources
• Progress tracking and reporting

Service availability may vary based on your subscription level, location, and applicable laws and regulations.

7. Payment Terms

We offer various subscription plans and one-time payment options for certain Services.

Subscription Plans

By selecting a subscription plan, you agree to pay the subscription fees indicated for your selected plan. Payments will be charged to your payment method on the specific billing date indicated. Subscription plans automatically renew unless cancelled at least 24 hours before the end of the current period.

Therapist Sessions

Fees for sessions with licensed therapists are separate from subscription fees and will be clearly indicated before you book a session. Some therapists may accept insurance coverage, but you are responsible for verifying your coverage and for any fees not covered by insurance.

Fee Changes

We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole discretion. We will provide notice of any price changes by posting the new prices on or through the Service and/or by sending you an email notification.

8. Cancellation Policy

You can cancel your subscription at any time through your account settings or by contacting our support team. Upon cancellation:

• You will continue to have access to the Service until the end of your current billing period
• You will not be charged for any subsequent billing periods
• No refunds will be provided for the current billing period unless required by law
• Some of your data may be retained in accordance with our Privacy Policy and applicable laws

For sessions with therapists, our cancellation policy requires at least 24 hours' notice to cancel or reschedule without charge. Late cancellations or missed appointments may be charged at the full session rate.

9. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of MentalityMate and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MentalityMate.

You retain any and all of your rights to any content you submit, post, or display on or through the Service. By submitting, posting, or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content for the purpose of providing the Service.

10. Prohibited Uses

You agree not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service.

Prohibited activities include, but are not limited to:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law
• Harassing, abusing, or harming another person, or sending unsolicited communications
• Impersonating another user or person
• Using the Service to harm minors in any way
• Attempting to gain unauthorized access to the Service or other users' accounts
• Interfering with or disrupting the Service or servers or networks connected to the Service
• Using the Service to distribute unsolicited promotional or commercial content
• Attempting to reverse engineer any portion of the Service
• Using the Service to collect or store personal data about other users without their permission

11. Privacy Policy

We respect the privacy of our users. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. By using the Service, you consent to our collection and use of personal data as outlined in our Privacy Policy.

12. Disclaimers and Limitations

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

MentalityMate and its subsidiaries, affiliates, and licensors do not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Service is free of viruses or other harmful components
• The results of using the Service will meet your requirements

IN NO EVENT SHALL MENTALITYMATE, 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 YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

13. Indemnification

You agree to defend, indemnify, and hold harmless MentalityMate and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, including any data or content transmitted or received by you, any unauthorized use of your account, or your violation of these Terms.

14. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account through the settings page.

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.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States of America, 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. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to 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 Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

17. Contact Information

If you have any questions about these Terms, please contact us:

• By email: legal@mentalitymate.com
• By mail: MentalityMate Legal Department, 123 Mental Health Way, San Francisco, CA 94103