Terms of Service
The following terms of service ("Terms" or "Terms of Service") govern the relationship between the User and MentCura ApS, incorporated in India with registered address B-5455 Sant Nagar, Delhi ("MentCura" or "we").
The Terms act as an agreement between the parties and relate to the mobile applications licensed to the User. The mobile applications consist of the apps owned by MentCura at any given time, subject to change through commercial dealing, as provided by the developer profiles in 11.1 ("the Apps").
The User should read the Terms carefully, they contain important information regarding rights, limitations such as the waiver of withdrawal, disclaimed warranties, liability limitation, termination, term updates, as well as dispute resolution and applicable law. The Terms of Service should be read in conjunction with the Privacy Policy, together they form the contract that exists between the User and MentCura.
1. Licences and Subscriptions
1.1 MentCura offers Non-subscription licences for mobile applications to a prospective licensee ("Non-subscription app licensee" collectively "App licensee" or "User"). We do not sell the Apps and ownership is retained by MentCura at all times.
2. App Updates
2.1 It is subject to MentCura’s sole discretion to change, add, modify or remove any content, features or services ("App Updates"). Reasons for doing so may include:
- Minor technical adjustments;
- Legal Compliance; or
- Enhancing Experience, by adding material, removing unpopular material, improving design, or adapting to User behaviour.
2.2 Upon installing an app, the User becomes a licensee of the most recent version “as available” at this time and all content, features or services shall be provided “as available”.
2.3 App Updates can be installed manually or by pre-selecting automatic updates.
2.4 The decision to install App Updates is at the User’s discretion. MentCura endeavours to continue support for older versions provided it is deemed necessary and reasonable.
2.5 In the event the User does not wish to install App Updates or retain an older version, they may terminate their licence.
3. Intellectual Property
3.1 The App licensee agrees and acknowledges that the information, content, quotes, daily questions, logos, trademarks, graphics, animations, games, icons, text, fonts, sounds, audio, images, video, source code and the so called ‘look and feel’ of the Apps ("the Materials") belong to MentCura and its third party licensors.
3.2 Notwithstanding, the limited licence granted hereafter, MentCura and its third party licensors retain sole ownership rights, title, interest and intellectual property of the Materials. The Materials may be protected by copyright, as well as trademark, database and other intellectual property rights.
3.3 In the event of infringement, MentCura’s third party licensors have the right to directly enforce their rights against the User.
3.4 Subject to 2.3, 4.1 – 4.3, 5.4, 12.1 and the termination provisions in 13, and subject to the features of an app, along with MentCura’s discretion to change the features, we hereby grant a limited, non-exclusive, revocable licence.
4. Restrictions of Use
4.1 In the absence of a licence obtained from MentCura explicitly stating otherwise, the App licensee shall not:
- Sub-license, assign or transfer any right granted under the licence;
- Modify or create any derivative works;
- Distribute the apps or any modification or derivative work;
- Publicly perform or publicly display any content or material;
- Sell, commercially use or otherwise exploit the code, content, data or material.
4.2 The App licensee shall not reverse engineer, decompile or disassemble the Apps and the software contained therein.
4.3 In the event passwords or login credentials are required, the App licensee shall not share them with third parties or otherwise provide access. They are responsible for ensuring confidentiality and should contact MentCura if compromised.
4.4 MentCura has sole discretion to terminate or suspend the licence if the above restrictions are carried out.
4.5 We may be entitled to redress, as set out in Section 10, and along with third party licensors can enforce intellectual property rights in the event of infringement.
5. User-generated Content
5.1 Whilst using the Apps, we require the App licensee to upload certain content. Such content, among other things, may include text, photos, responses to daily reflections, challenges, as well as custom trackers, activities, feelings, spending categories and the combination of such with icons provided the originality threshold is met ("User-generated Content").
5.2 By doing so, and without prejudice to the Privacy Policy, the User grants MentCura a perpetual, worldwide, transferable, sub-licensable, royalty-free licence to use, store, display, copy, edit, adapt, reproduce, modify, publish and distribute the content.
5.3 User-generated content may be used by MentCura in developing new material. The User hereby acknowledges that this may result in a commercial benefit for MentCura and that as a User they have no right to an income, shared benefit or any other consideration.
5.4 Upon submitting content, the User represents and warrants the absence of infringement, harmful code, or offensive and unlawful material.
5.5 MentCura retains the right to remove any content that does not comply with 5.4 and is entitled to terminate or suspend the licence.
5.6 If a user does not comply with 5.4, we may be entitled to redress as set out in Section 10.
5.7 The User acknowledges and accepts that they will indemnify MentCura for loss or damage suffered if such non-compliance results in third party action against MentCura.
6. Warranties
6.1 The User represents and warrants compliance with 5.4 in relation to User-generated Content.
6.2 Further to the Information & Technology Act of 2000 consumer protection law regarding digital services, we hereby represent and warrant compliance with both subjective and objective requirements for conformity.
(a) Subjective requirements for conformity are terms MentCura set out that belong to one of the categories of requirements listed in the legislation. If a contracted term belongs to a listed category, MentCura must ensure compliance with it to maintain subjective conformity.
(b) Objective requirements... (summary retained for brevity; full legislative detail available upon request).
7. Disclaimers
7.1 MentCura makes no representation or warranty, express or implied, regarding fitness for a particular purpose or merchantability. This is without prejudice to the aforementioned objective conformity requirements in 6.2(b).
7.2 Except for complying with the objective conformity requirement for continuity, MentCura makes no further representations or warranties that errors, interruptions, failures or delays will not occur during use.
7.3 We make no representation or warranty that the Apps are free of malware, viruses or other harmful components.
7.4 No representation or warranty is made regarding non-infringement of intellectual property.
7.5 No warranties exist for modifications, derivative works or other unauthorised usage.
7.6 MentCura provides no warranties regarding any third party platform or the User’s mobile device.
7.7 We strive to help the User improve health/productivity but results vary.
7.8 MentCura retains sole discretion to carry out App Updates; no warranty exists for continued existence of particular content, features or services.
7.9 No representation or warranty is made that hyperlinked third-party information is accurate.
8. Health Disclaimer
8.1 The Apps should not be viewed as a substitute for therapy or other psychological or psychiatric treatment.
8.2 MentCura makes no representation or warranty that the User’s mental health will improve.
8.3 MentCura makes no representation that the Apps will prevent, cure or treat diseases.
8.4 We do not claim any App constitutes a Medical Device.
8.5 The Apps are for general information only; reliance is at the User’s risk.
8.6 The Apps are not a substitute for addiction or rehabilitation programmes.
9. Liability Limitation
9.1 Subject to 9.2 – 9.4, MentCura and related parties are not liable for indirect, special and consequential damages.
9.2 Limitation survives ordinary negligence but not gross negligence.
9.3 Limitation does not apply to death, personal injury or fraudulent misrepresentation.
9.4 Reliance beyond intended purpose is at the User’s risk.
9.5 Reference to property damage is without prejudice to liability from incorrect integration.
9.6 If we cease support for older versions, no liability arises for claimed loss; install latest update or terminate licence.
10. Dispute Resolution
10.1 Contact MentCura at contact@mentcura.com to attempt early resolution.
10.2 Any dispute shall be determined by arbitration in India, seat Mumbai, English language, sole arbitrator appointed by MentCura, pursuant to the Arbitration and Conciliation Act, 1996. Award final and binding.
Subject to the foregoing, these Terms are governed by the laws of India. Courts of Delhi have jurisdiction for disputes arising under or in connection with this Agreement. Severability applies to invalid provisions.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US.
10.3 EU users may use the ODR platform. We retain discretion whether to engage.
10.4 Without prejudice to 10.1 – 10.3, both parties retain entitlement to judicial redress; applicable law Denmark; Danish courts have exclusive jurisdiction for related disputes.
10.5 If any provision is unenforceable, the remainder survives.
11. Device Requirements
11.1 Prospective Users should consult the MentCura developer page on the Google Play Store for available apps.
11.2 Compatibility information is available on the store description pages.
11.3 References to mobile phones do not exclude other compatible devices or future access means.
12. Updating Terms
12.1 MentCura reserves the right to update the Terms at any time for reasons including compliance, consumer protection, content or service changes, delivery changes, payment/licensing changes, or commercial practice.
12.2 We will take reasonable measures to provide new Terms in advance if material changes are made (emails, in-app banners).
12.3 If measures in 12.2 are taken, MentCura may provide a means for the User to express non-acceptance.
12.4 Continuing use after the effective date constitutes acceptance; discontinue if you do not accept.
12.5 The User should habitually check the Terms; last update date is shown above.
12.6 Effective date is either date set by prior notice or date of publication.
13. Changing to These Terms
We reserve the right to change our Terms and Conditions at any time. Any changes become part of the agreement when posted. Continued use constitutes acceptance. The last date these Terms were revised is set forth at the top of this document.