TERMS AND CONDITIONS FOR MENTRA FZ-LLC
Effective date: 1st May 2024
1. Introduction
Welcome to Mentra, a digital platform that enhances mental and emotional wellness through innovative AI technology and professional support. Mentra is owned and operated by Mentra FZ-LLC, a duly incorporated entity under Registration No. 104169, established as a Free Zone Company with limited liability by the Dubai Development Authority, Dubai, United Arab Emirates.
Our services, accessible via our mobile application and website (“the Platform”), are designed to support your journey towards personal growth and improved well-being. This document, the Terms and Conditions (“Terms”), along with our Privacy Policy, governs your access to and use of the Platform.
By engaging with the Platform, you agree to comply with these Terms. Should you disagree with any of the provisions herein, you must discontinue your use of our services immediately.
2. Acceptance of the Terms
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
3. Description of Services
Mentra offers a range of digital wellness tools for mental and emotional well-being through our platform:
- Mentra App: Our Mentra App, featuring the “AI Coach,” is an advanced tool powered by artificial intelligence, designed to offer daily wellness advice and emotional support. It functions as a self-help resource for personal growth and well-being enhancement. Please note that the AI Coach is strictly non-clinical and not a substitute for professional healthcare services. It is intended for informational purposes only and should not be used in emergency situations or as a replacement for professional medical advice.
- Licensed Therapists: For those seeking more personalized guidance, our platform provides access to licensed therapists who offer professional advice and support. This service is distinct from the AI Coach and operates under specific terms that ensure both confidentiality and adherence to professional standards.
- Wellness Resources: We offer a comprehensive library of resources including articles, toolkits, and guided practices that support mental and emotional well-being. These resources are designed to complement the interactive services provided by the AI Coach and our professional therapists.
- Institutional Access: Institutions such as businesses, healthcare providers, and educational entities can integrate the Mentra App into their wellness programs. We offer tailored solutions that include specific terms, enhanced privacy policies, and usage guidelines to meet the unique needs of institutional users.
3.1 Key Features and Considerations
The Mentra App integrates advanced AI technology to support mental and emotional well-being. Users can engage in conversations designed to aid in self-help and emotional support through our virtual AI-based system known as the “AI Coach,” “Talk to Mentra,” or “Mentra AI Coach.
While the Mentra App is an early intervention tool for personal wellness, it’s important to understand its limitations. It is not equipped to handle emergencies, provide clinical diagnoses, or replace in-person psychotherapy. The app is not suitable for addressing severe mental illnesses, mental health crises, or complex medical conditions.
By utilizing the Mentra App, users can take proactive steps towards maintaining and improving their emotional health within a supportive and user-friendly environment. However, it is essential to recognize the app’s scope and limitations to ensure it is used appropriately within the context of overall mental health care.
4. Eligibility and User Registration
To use the Platform, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher. By registering for an account and using the Platform, you represent that:
- You meet the age requirement.
- You will provide accurate, current, and complete information about yourself as prompted by our registration forms.
- You will maintain the security of your password and identification.
- You will maintain and promptly update the registration data to keep it accurate, current, and complete.
5. Modifications to the Terms and Services
Mentra reserves the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Platform. We will notify you of any changes by email or through a prominent notice on the Platform. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes. Additionally, Mentra may modify or discontinue any aspect of its services at any time, including features or functionalities.
6. Privacy and Data Use
Your privacy is important to us. Our Privacy Policy details how we collect, use, and protect your personal data and is incorporated into these Terms by reference. We ensure transparency in how user data is handled, especially in relation to third-party AI technology services, ensuring users are fully aware of what data is shared, how it is protected, and their rights concerning data privacy.
7. Intellectual Property
The content on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Mentra FZ-LLC, subject to copyright and other intellectual property rights under United Arab Emirates laws and international conventions. Unauthorized use of the Platform’s content might constitute a
breach of intellectual property laws. Examples of authorized use include downloading content for personal, non-commercial use under the terms provided by Mentra. Unauthorized uses include, but are not limited to, redistributing, selling, or creating derivative works without permission.
8. User Conduct and Responsibilities
When using our Platform, you agree to abide by all applicable international, federal, provincial, state, and local laws and regulations, and you commit not to engage in any activities that could compromise the security, integrity, or performance of the Platform. Specifically, you must refrain from:
- Unlawful Activities: Engaging in any unlawful activities on the Platform, including but not limited to fraud, money laundering, or the promotion of illegal drugs.
- Intellectual Property Violations: Copying, distributing, or disclosing any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”, without proper authorization. Infringing on the intellectual property rights of Mentra, its users, or any third party.
- Abusive Behavior: Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- False Information: Providing false, inaccurate, or misleading information.
- Malware and Viruses: Uploading or transmitting viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform, other websites, or the internet.
- Prohibited Conduct: Soliciting others to perform or participate in any unlawful acts; violating any regulations, rules, laws, or local ordinances; using the Platform for any obscene or immoral purpose.
Violations of the User Conduct and Responsibilities may result in immediate termination of your account and access to the Platform, legal action, and cooperation with law enforcement authorities as deemed necessary by Mentra.
By agreeing to these Terms, you understand that your conduct on the Platform is subject to review and monitoring to ensure compliance with these guidelines.
9. Payment and Fees
Services on the Platform may be subject to payment of fees as described at the time of registration or service selection. We accept several forms of payment, including major credit cards and other online payment methods:
- All transactions are processed in AED or USD.
- Subscription fees for ongoing services such as professional counseling will be charged on a recurring basis.
- You agree to provide current, complete, and accurate purchase and account information for all purchases made at our Platform.
Services such as professional counseling are available on a subscription basis. Users are responsible for canceling subscriptions before the renewal dates to avoid unwanted charges.
We provide clear instructions on how to manage and cancel subscriptions within user account settings.
Please note, prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
10. Service Access and Availability
Mentra aims to provide continuous access to our Platform. However, the availability of our services may be affected by factors outside our control, such as technical issues or maintenance requirements. We do not guarantee that the Platform, or any content on it, will always be available uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of our Platform without notice. We will not be liable to you if for any reason our Platform is unavailable at any time or for any period.
11. Use of AI Technology
Our Platform utilizes advanced AI technology to deliver wellness tools and support. The AI Coach is designed to interact with users based on pre-defined scripts and machine learning algorithms:
- The AI interactions are limited to non-clinical support and cannot replace professional medical advice.
- We strive to improve our AI technology continuously but cannot guarantee that all information generated by AI will always be accurate or helpful.
- Users are encouraged to use their judgment and seek professional advice when needed.
- We comply with all applicable laws and regulations, including but not limited to those of the DIFC Courts, United Arab Emirates. The AI technology is continuously improved but is not a substitute for professional medical advice.
12. Professional Services Disclaimer
While professional services offered through our Platform are provided by licensed therapists, these services are intended to complement, not replace, traditional medical or psychological care. Mentra is not a healthcare provider, and the professional services offered are intended for general wellness purposes only. We do not guarantee the validity or effectiveness of advice provided by therapists. Sessions with therapists are based on their independent professional judgment. Users are encouraged to verify the credentials and suitability of therapists based on their personal needs.
13. Third-Party Links and Services
Our Platform may include links to third-party websites or services that are not owned or controlled by Mentra. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Mentra shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
14. User-Generated Content
You may have the opportunity to create, post, or share content on our Platform (“User Content”). You retain all rights in, and are solely responsible for, the User Content you post to the Platform. However, by posting User Content, you grant Mentra a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our licensees, successors, and assigns.
- All of your User Content do and will comply with these Terms.
15. Limitations on Liability
Mentra FZ-LLC, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes damages arising from your reliance on any advice generated through our AI Coach. We do not warrant the accuracy or reliability of such advice and disclaim all liability related thereto.
16. Indemnification
You agree to indemnify, defend, and hold harmless Mentra FZ-LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
17. Disclaimer of Warranties
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
18. Termination of Use
Mentra FZ-LLC reserves the right to terminate your access to all or any part of our services at any time. Termination or suspension of an account will occur under a clear and fair process, communicated in these Terms. Specific grounds for such actions include, but are not limited to, breaches of these Terms or unlawful activities. Upon termination, we will handle your data as detailed in our Privacy Policy.
19. Dispute Resolution
Any disputes arising out of or relating to these Terms, the services, or the use of the Platform shall be resolved primarily through informal negotiation, which is to be initiated by a written notice from one party to the other. If the matter is not resolved by negotiation within 30 days, the dispute shall be resolved by binding arbitration in accordance with the laws of the United Arab Emirates and the rules of the Dubai International Arbitration Centre. Arbitration shall be the sole recourse for dispute resolution. The arbitration shall take place in Dubai, and the language of the arbitration shall be English.
20. Changes to the Platform
Mentra FZ-LLC reserves the right, at any time, to modify, suspend, or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.
21. Feedback and Suggestions
We welcome and value your feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at feedback@yourmentra.com. By submitting any Feedback, you agree that we are free to use them without any restriction or compensation to you. Feedback provided through this channel enhances our services and products and may be shared with our user community to improve the overall platform experience.
22. Changes to the Platform
Mentra reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (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 Platform. We will endeavor to provide reasonable notice of any major changes. This may include emailing users to inform them of these changes or posting a notice on our Platform.
23. Accessibility
To enhance accessibility, we provide these Terms and Conditions in multiple languages to cater to our diverse user base. Additionally, a summary of key terms is available at the beginning of this document in bullet point format to aid quick understanding and accessibility.
24. Severability and Waiver
- Severability: If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
- Waiver: No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of Mentra. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
25. Entire Agreement
These Terms and Conditions, together with the Privacy Policy and any other legal notices published by Mentra on the Platform, shall constitute the entire agreement between you and Mentra concerning the Platform. These documents supersede all prior agreements, communications, and proposals, whether electronic, oral, or written, between you and Mentra with respect to the Platform.
26. Contact Information
If you have any questions about these Terms, please contact us at:
Email: info@yourmentra.com