Last updated: May 21, 2023
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.
PLEASE NOTE: MENTCURA IS NOT AND DOES NOT PROVIDE EMERGENCY SERVICES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 1800-599-0019 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
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:-
(a) Minor technical adjustments;
(b) Legal Compliance; or
(c) Enhancing Experience, by:
(i) Adding material;
(ii) Removing unpopular material;
(iii) Improving design; or
(iv) 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 to the:
(a) App licensee to:-
(i) Download and use free features;
(ii) Copy to terminal device for sole use; .
4. Restrictions of Use
4.1 In the absence of a licence obtained from MentCura explicitly stating otherwise, the App licensee shall not:
(a) Sub-license, assign or transfer any right granted under the licence;
(b) Modify or create any derivative works;
(c) Distribute the apps or any modification or derivative work;
(d) Publicly perform or publicly display any content or material;
(e) 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:
(a) Third-party intellectual property infringement;
(b) Third-party data protection or privacy infringement;
(c) Viruses or other harmful data;
(d) Material that is offensive, hateful or otherwise reprehensible, invasive of privacy, abusive, threatening, harassing, provocative, pornographic, indecent, unlawful, libellous, defamatory, fraudulent or otherwise objectionable.
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, among other things and subject to a number of legislative considerations, include being fit for purposes that other digital services of the same type would normally be used for; and being of the same quantity, quality and possessing the same performance features that are normal for digital services of the same type that the User, as a consumer, may reasonably expect.
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, express or implied, that errors, interruptions, failures or delays will not occur during use.
7.3 We make no representation or warranty, express or implied, that the Apps are free of malware, viruses or other harmful components. Moreover, no implied warranties arise from course of dealing, course of performance or usage of trade.
7.4 No representation or warranty is made regarding non-infringement of intellectual property and MentCura has no obligation to defend or indemnify the User against claims regarding the same.
7.5 No warranties exist for modifications, derivative works or other unauthorised usage.
7.6 MentCura provides no warranties, express or implied, regarding any third party platform we use or the User’s mobile device and operating system. We will not be liable for failure of these platforms, devices or operating systems to function as expected or intended.
7.7 We strive to help the User improve their health, productivity and the management of time and habits. However, MentCura makes no representation or warranty, express or implied, that such improvements will occur. Results vary per person and per usage, reliance is at the User’s own risk.
7.8 MentCura retains the sole discretion to carry out App Updates. No representation or warranty is made, express or implied, regarding continued existence of content, features or services. The User acknowledges and accepts those specifically mentioned in 1.6, along with categories of such, are subject to the aforementioned discretion. Some categories mentioned may no longer be provided or may be provided in the future. Reliance should not be placed on 1.6 to predict future content, features or services and MentCura makes no such warranty. Despite endeavours to continue support for older versions, as mentioned in 2.3, this is expressly qualified by what is deemed necessary and reasonable, no warranty exists that support will continue indefinitely or at all. MentCura does not represent or warrant all the Apps will be available for both Android and iOS operating systems.
7.9 No representation or warranty is made, express or implied, that hyperlinked information referenced in the Terms of Service or Privacy Policy, provided by third party sources, is accurate or correct. Reliance is at the risk of the User and MentCura will not be responsible or liable for any loss or damage suffered pursuant to such reliance. We advise Users to be cautious when consulting non-official sources.
8. Health Disclaimer
8.1 The Apps should not be viewed as a substitute for therapy or other psychological or psychiatric treatment, nor should they be considered a substitute for a diagnosis or medical advice. No such representation or warranty is made and the App licensee should not delay in obtaining such intervention as a result of usage.
8.2 Notwithstanding the scientific research on journaling, MentCura makes no representation or warranty that the User’s mental health will improve. Reliance on the Apps and the information they contain is strictly at the User’s risk. If the App licensee has been diagnosed with a psychiatric condition they may wish to speak to their medical practitioner before use.
8.3 MentCura makes no representation or warranty that the Apps will prevent, cure or treat diseases, disorders or conditions, including those related to cognition and the brain, but not limited to such.
8.4 We do not claim that any of the Apps constitute a Medical Device, as per the European Medicines Agency (EMA), nor should the User regard them as such.
8.5 MentCura has designed the Apps for general information purposes only. We make no representation or warranty regarding accuracy, completeness, suitability and safety. The User assumes full responsibility and MentCura is not liable for any consequences resulting from reliance.
8.6 The Apps should not be viewed as a substitute for addiction or rehabilitation programmes. Some of the Apps are designed to increase productivity and help manage habits. Although the User may find them helpful in overcoming addictions, MentCura makes no representation or warranty that they are fit for this purpose. The App licensee should not delay in obtaining such intervention as a result of usage.
9. Liability Limitation
9.1 Subject to 9.2 – 9.4, MentCura, along with its employees, contractors, partners or affiliates are not liable for indirect, special and consequential damages. Among other things, no liability will arise from loss of data, loss of property, damage to property, loss of profits and loss of business.
9.2 If the loss or damage arises from the negligence of MentCura or its employees, contractors, partners or affiliates, the limitation of liability in 9.1 will still apply. However, the limitation will not apply in the event of gross negligence.
9.3 The limitation of liability in 9.1 does not apply in the event of death or personal injury to the consumer, or if fraudulent misrepresentation is found on MentCura’s part.
9.4 If a User relies on the information contained in the Apps beyond the intended purpose of general information, they do so at their own risk. MentCura will not be liable for any consequences resulting from such reliance.
9.5 The reference to property damage in 9.1 is without prejudice to liability arising from incorrect integration of the digital service.
9.6 In the event MentCura can no longer provide support, or it is deemed unnecessary and unreasonable to continue supporting older versions of the Apps, no liability will arise for any claimed loss or damage. If this occurs, Users may install the latest App Update or terminate the licence.
10. Dispute Resolution
10.1 In the event the User is dissatisfied or otherwise takes issue, we recommend they contact MentCura at contact@mentcura.com. We hope to solve the problem at an early stage to avoid escalation.
10.2 Any dispute, claim or controversy arising out of or relating to this Terms and Conditions, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Platform or the Counselor Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by MentCura. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
Subject to the foregoing, these Terms and Conditions shall be governed by and construed in accordance with the laws of India. You consent to the jurisdiction of the courts of Delhi, for any and all disputes arising under or in connection with this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
10.3 If the App licensee resides in the EU, as an online consumer they are entitled to recourse through the online platform. The European Online Dispute Resolution (ODR) platform can be accessed at ec.europa.eu/consumers/odr. Notwithstanding this, MentCura retains sole discretion as to whether it uses the platform; no obligation exists for MentCura to solve disputes through it.
10.4 Without prejudice to anything stated in 10.1 – 10.3, both parties are entitled to judicial redress, with the applicable law being that of Denmark. The Danish courts have exclusive jurisdiction over disputes or claims, including non-contractual ones, arising out of or in connection with the Terms and their subject matter and formation.
10.5 In the event a court or arbitration tribunal finds anything in the Terms unenforceable, insofar as practicably possible, the remaining provisions should be upheld and enforced.
11. Device Requirements
11.1. Prospective Users should consult the MentCura developer page on the Google Play Store, to discover which apps are available for a device.
11.2 Information regarding compatibility with a specific device and operating system version can be found on the Google Play / Apple Store description page of the specific app.
11.3 Notwithstanding any explicit or implicit reference to mobile phones, nothing in the Terms shall exclude other devices or means used to sign up to or access the Apps with. This includes Users that sign up via the Growth Bundle website as well as any potential future compatible devices or access means.
12. Updating Terms
12.1 MentCura reserves the right to change and update the Terms at any time. Reasons for such updates may include:
(a) Compliance with law;
(b) Compliance with industry best practice;
(c) Strengthening Consumer Protection;
(d) Changes to content, features or services;
(e) Changes to service delivery;
(f) Changes to subscription, payment or licensing;
(g) Changes to commercial practice.
12.2 MentCura will take reasonable measures to provide the new Terms in advance if material changes are made. These measures allow the User to consider whether they want to continue use once effective. The reasonable measures may involve notifications through emails or in-app banners.
12.3 If the measures mentioned in 14.2 are taken, MentCura may provide a means for the User to communicate they do not accept the updated Terms.
12.4 Without prejudice to 14.3, by continuing to use the Apps after the effective date, the App licensee accepts the changes. If the User does not accept the updates, they should terminate their licence.
12.5 Notwithstanding 14.2, the App licensee has ultimate responsibility for ensuring they are aware of any changes to the Terms. It is recommended they habitually check the Terms for updates. For ease of reference, the date of last update will be provided at the top.
12.6 The effective date, depending on whether provided in advance, shall be the:
(a) Date set by prior notice; or
(b) Date of Publication
13. Changing to These Terms
We reserve the right to change our Terms and Conditions at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Site. Your continued use of our Services or the Site will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.