TERMS OF USAGE/ SERVICE
Following are the Terms of Usage/ Service for Mentza’s services (“Service,” “Mentza,” “we,” or “us”). These terms and conditions govern your use of Service at Mentza’s Application (“App”) or Website (“Web”) (collectively as “Platform”); by using the Services on any Platform, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Services.
By using the Service, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of Eighteen (18) and able to form legally binding contracts.
Please note that these Terms provide that if you and Mentza are unable to resolve any disputes that arise between you and Mentza, the dispute will be resolved by a specific dispute resolution process that may include arbitration. Arbitration is binding and is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You also agree that any claims or disputes cannot be brought as a class action. Please carefully review the Dispute Resolution section.
Unless otherwise stated, Mentza and/or its licensors own the intellectual property rights in the Platform and material on the Platform. Subject to the license below, all these intellectual property rights are reserved.
Mentza hereby grants you a non-exclusive, non-transferable subscription to use the Service during the Term, solely for your personal/ internal use in accordance with the use parameters described in the order form utilized to order such subscription and subject to these Terms of Service.
You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of Mentza web Service, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Mentza, Users, or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Service, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Service. The posting of information or materials on the Service does not constitute a waiver of any right in such information and materials.
User may categorically note that any use or reliance on any content posted or obtained from usage is completely at your own risk and consequences. Mentza do not subscribe, endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted or endorse any opinions expressed herein. User must know that they may be exposed to Content that might be unpleasant, offensive, harmful, inaccurate, deceptive, frivolous, fake or otherwise inappropriate. All Content is the sole responsibility of the person who originated, posted, left or published in any manner such Content. Mentza may not monitor or control the content posted via the Services and, therefore cannot, in any manner, take responsibility for such content.
We reserve the right to remove Content that violates the User Agreement, including but not limited to intellectual property violation, infringement, misappropriation, impersonation, unlawful conduct, or harassment. User may report any such content by email at email@example.com.
You grant to Mentza a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract, analyse, research and create derivative works from, content that you have provided or have left in your Posts, in any media now known or not currently known.
This licensed right may be exercised in order to provide the Service and for other purposes.
You with all awareness know that while doing voice, chat and video messages, the other participants may record and publish such recorded content in any social media platform or otherwise. You, therefore, understanding fully the consequences have agreed to use this Platform and shall not held Mentza responsible in any manner whatsoever.
You are consciously aware that while using Mentza whether at public or private community/ circle or otherwise, you are solely responsible for your act, omission or conduct and neither Mentza nor the creator/owner of community/ circle shall be responsible in any manner whatsoever. You shall be solely liable for any violation of any applicable central or state laws. You undertake to unconditionally indemnify both Mentza and the owner/ creator of community/ circle against any loss, liability and consequences arising out of your act or omission.
By using Mentza to collect data from and optimize your social media channels or with any third party, you’re also agreeing to be bound by their Terms of Service.
You must provide accurate and complete information, including your legal full name, a working email address, and any other information requested during the account signup process to obtain an account and use the Service, and update this information if it changes.
You must be a human being to set up an account and use the Service. Accounts may not be created by “bots” or other automated methods.
You are responsible for keeping your account and password secure, and are also responsible for all activities using your account or password. Mentza is not liable for any loss or damage that results from your failure to comply with this obligation or unauthorized use of your account.
You may never use another’s account without permission.
You must notify Mentza immediately of any breach of security or unauthorized use of your account.
You must inform Mentza’s Admin immediately about any sort of harassment, abuse, verbal abuse or trolling etc. However, under any circumstances the user cant held Mentza liable for any of aforesaid consequences.
Content on Mentza is segregated into free and premium content. Premium content can be purchased using an in-app virtual currency of “Mentza Coins”.
Coins may be rewarded to outstanding creators and/or active users at the discretion of Mentza. Mentza coins may block or restrict content or some features on the app.
Mentza Coins, once purchased, are non-refundable.
Mentza Coins may be purchased from the Mentza app through “In-App Purchases” using the trusted third-party payment provider (Google Play for Android device users and Apple App Store for Apple device Users). Mentza may from time to time, change the sale price of Mentza coins and the units in which they may be purchased.
All payment options are solely managed by Mentza’s aforementioned trusted third party service providers and therefore the use of such payment platforms will be governed by the terms and conditions of such third-party service providers. A participating User agrees that his/her use of a third-party payment gateway is at their sole option and risk.
Payment for Premium Content: Users may have the option to pay Mentza Coins to access Premium Content. Upon payment, the User shall have access to listen to the Content for perpetuity for as long as the User’s account is active on the application. This is subject to the successful recording of the content barring unforeseen circumstances including but not limited to technical issues or infrastructure limitations.
Access Rights: Users shall have a limited license to access Premium Content upon payment and no other rights such as the right to transfer, resell or any ownership rights in the Premium Content shall vest in the User. Access to Premium content shall be determined by Mentza from time to time.
If a User elects to pay Mentza Coins for any Content, or purchase Mentza coins, he/she warrants that (i) he/she has the legal capacity (if the User is a minor, the User’s legal guardian has granted their consent) to undertake the transaction (ii) his/her use of a credit card or other payment service on the Application is authorized, and (iii) all information that is submitted for the transaction is true and accurate.
Mentza may offer the User access to limited portions of any paid Content for free at its discretion to any or all Users.
Some coins may be redeemed in exchange for real currency. Coins that are redeemable will be clearly marked as redeemable in the “Wallet” section of the Mentza app. Some coins may become redeemable after a short duration. The real currency value of Mentza Coins shall be determined by Mentza from time to time. In the absence of redeemable coins, Mentza Coins do not hold any real-world value and may only be used on the Mentza App. No other rights such as right to transfer, or re-sell coins shall vest in the user. Once redeemed for real currency, the recipient is responsible for any and all taxes and charges associated with such payments.
If a User elects to earn and redeem Mentza coins, he/she warrants that (i) he/she has the legal capacity (if the User is a minor, the User’s legal guardian has granted their consent) to earn and redeem Mentza Coins (ii) he/she has consent to provide their bank account, UPI or wallet information on the to Mentza’s trusted third party for payment facilitation purposes. (iii) all information that is submitted for the redemption is true and accurate.
A User may redeem Mentza Coins in exchange for money and transfer the funds to any available option offered by Mentza’s trusted third party. All transactions to redeem real currency for Mentza coins will be processed by “RazorpayX” and are governed by their terms of service. Mentza may change its trusted third party from time to time and these changes will be reflected in an update to the terms of service. This includes (a) NEFT/IMPS transfer to their own bank accounts (b) Unified Payment Interface; (c) payment options may change from time to time. All real currency payments are managed solely by Mentza’s trusted third party service providers and therefore the use of such payment gateways will be governed by the terms and conditions of such third-party service providers. A participating User agrees that his/her use of a third-party payment gateway is at their sole option and risk.
Upon receiving a request to redeem Mentza coins for real currency, requests will be processed in a timeframe that is at the discretion of Mentza, of no more than 30 working days.
Mentza Coins may be forfeited:
a) Upon termination and/or suspension of a user’s account for violation of the Mentza’s platform’s terms of service or for indulging in any unfair or fraudulent means to obtain Mentza coins. All Mentza coins are forfeited upon account termination of any kind.
b) If a User remains inactive on the Mentza for a considerable period of time ( more than one (1) year) , all Mentza coins in a user’s account stand forfeited.
c) If a User has been found by Mentza to have received Mentza coins unfairly, fraudulently or wrongfully, the Mentza coins available in his/her User account, as applicable, shall stand forfeited. Such decisions are the sole discretion of Mentza.
d) If Mentza discontinues the option of using coins on the app at any time for any reason, some or all coins (i) may stand forfeited (ii) may stand null and void of any value (iii) may be offered for redemption at any amount at the Mentza’s discretion, subject to deduction of payment service fees and/or other applicable deductions under any applicable laws.
e) Free coins offered to Users by Mentza may automatically expire after some pre-determined duration, or at the discretion of Mentza. All expired Coins are forfeited upon expiry.
You are solely responsible for properly closing your account.
You can close your account at any time by emailing us at info@Mentza.com.
Creation of accounts on Mentza is free at this moment, however, as and when paid accounts are introduced, payments made will be applicable for the upcoming billing cycle. Mentza does not provide pro-rated refunds for accounts that are cancelled during their subscription term.
You must not use this Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Platform without Mentza’s express written consent.
You must not use this Platform to transmit or send unsolicited commercial communications.
Mentza uses all applicable data protection tools and techniques and is compliant with data protection requirement as per Indian Laws (Information Technology Act, 2000) and the terms of usage is bound to be updated/ amended periodically. As and when terms are amended, updated, an intimation will be sent and even otherwise any subsequent usage of Mentza post amendment shall be considered as deemed acceptance. User are advised to check the terms of usage from time to time and shall use Mentza only upon acceptance of the terms of usage.
Mentza services and related documentation are provided “as is” and without any warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No information, whether oral or written, obtained by you from us through this service shall create any warranty, representation or guarantee not expressly stated in these terms. Mentza does not represent or warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available, are free of viruses or other harmful components. Mentza does not warrant or represent that the use or the results of the use of the materials available through the service, from third parties or a linked service will be correct, accurate, timely, reliable or otherwise. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction. However, any action against Mentza is unequivocally subject to Dispute Resolution as stated below and to which the User unconditionally agrees. Further, use of Mentza services is strictly as per Indian Jurisdiction and therefore Mentza shall not be liable in any manner whatsoever for any usage or law outside Indian Jurisdiction. User is strictly cautioned to check their respective jurisction and seek necessary legal advice.
Under no circumstances will Mentza be liable for any loss or damage caused by a user’s reliance on information obtained through the service, from third parties (such as professionals or others) or a linked service, or user’s reliance on any product or service obtained from a third party or a linked service. Use of this service is at users’ sole risk.
No advice or information, whether oral or written, obtained by you from Mentza or through or from the Mentza services shall create any warranty.
Access to certain areas of this Platform is restricted. Mentza reserves the right to restrict access to areas of this Platform, or indeed this entire Platform, at Mentza’s discretion.
If Mentza provides you with a user ID and password to enable you to access restricted areas of this Platform or other content or services, you must ensure that the user ID and password are kept confidential.
Mentza may disable your user ID and password in Mentza’s sole discretion without notice or explanation.
Mentza will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Platform:
for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Mentza has been expressly advised of the potential loss.
Nothing in this Platform disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Platform disclaimer will exclude or limit Mentza’s liability in respect of any:
death or personal injury caused by Mentza’s negligence;
fraud or fraudulent misrepresentation on the part of Mentza; or matter which it would be illegal or unlawful for Mentza to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this Platform, you agree that the exclusions and limitations of liability set out in this Platform disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Platform.
You accept that, as a limited liability entity, Mentza has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Mentza’s officers or employees in respect of any losses you suffer in connection with the Platform.
You agree that the limitations of warranties and liability set out in this Platform disclaimer will protect Mentza’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Mentza.
If any provision of this Platform disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Platform disclaimer.
You hereby indemnify Mentza and undertake to keep Mentza indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Mentza to a third party in settlement of a claim or dispute on the advice of Mentza’s legal advisers) incurred or suffered by Mentza arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Without prejudice to Mentza’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Mentza may take such action as Mentza deems appropriate to deal with the breach, including suspending your access to the Platform, prohibiting you from accessing the Platform, blocking computers using your IP address from accessing the Platform, contacting your internet service provider to request that they block your access to the Platform and/or bringing court proceedings against you.
Mentza may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Platform from the date of the publication of the revised terms and conditions on this Platform. Please check this page regularly to ensure you are familiar with the current version.
Any dispute or differences arising from the Services availed herein or any connected issue shall be referred to adjudication by a sole arbitrator. Mentza shall be entitled to nominate the sole arbitrator to adjudicate any dispute differences or claims arising out of this Service, the venue of arbitration shall be at Mumbai and courts at Mumbai, MH shall have the exclusive jurisdiction for all claims arising from this consignment. No other venue for arbitration shall be accepted. User of the service agrees and accepts the same unconditionally.
Mentza may transfer, sub-contract or otherwise deal with Mentza’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Mentza in relation to your use of this Platform, and supersede all previous agreements in respect of your use of this Platform.
Mentza is a service offered by Intem Labs Private Limited.
You can contact Mentza by email at firstname.lastname@example.org.