Terms and Conditions

Definitions

Unless otherwise indicated, the following capitalizes terms have the following meaning:

• Account – means individualized panel serving the User to exploit the Service and/or the Website.
• Agreement – means a subscription agreement that may be concluded between User and the Company, that specifies the scope and the price for using the Service.
• Company – means MentisLeap LLC,
• Content – means the contents such as texts, pictures and other, which the Guest, or the User publishes, presents or sends on the Website or with the use of Service.
• Device – means devices such as a computer, telephone, smartphone, tablet or other electronic equipment which allows browsing or other electronic equipment which allows browsing web pages.
• Guest – means an entity browsing the Website.
• Intellectual Property – means any designations, inventions, utility models, industrial designs, works and other externalized expressions of creative activity that are the subject of exclusive rights of the Company.
• Link – means hyperlink referring to the Other Website.
• Website – means web pages located at mentisvibe.com.
• Mobile Device – means a portable device such as a telephone, smartphone, tablet or other electronic equipment which operates the Website and/or the Service.
• Notification – means message sent to the User as part of the Service.
• Other Websites – means websites other than the Website.
• Password – means the User’s anonymized verification tool which enables the access to the Account and is the sequence of signs possibly to entry by using the keyboard of the computer or Mobile Device, which also allows entering text messages in the amount and configuration invented by the User however containing at least 8 signs.
• Privacy Policy – means the Privacy Policy, which defines the rules of personal data processing by the Company, available under the following internet address: Privacy policy.
• Service – means together the Website, WordPress Plugin and Widget (depending on the scope dedicated to a given User pursuant to the Agreement).
• Terms – means these terms of service available under the following address: Terms of Service.
• User – means an entity who owns the Account.

User Consent

Using the Service means full acceptance of the Terms. By using our Service, you affirm that you are at least 16 years old or the minimum age of digital consent in your country, and possess the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you confirm that you have the authority to bind that organization to these Terms, and the term “you” will refer to that organization. The Terms applies to relations between the Company and the Guest or the User only. If the Service and/or the Website introduces the possibility of providing services by other entities, they will be provided on the basis of regulations shared by these entities and only these entities will be responsible for the execution of the services, except the content of the Terms clearly and unambiguously indicates otherwise.

Account

Account set-up is possible through the Website. Account set-up requires logging in using, Google account or registering by providing other personal email and Password. When you create an Account you should provide us with accurate, complete, and current information at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website and Service. You are responsible for maintaining the confidentiality of your Account and Password, including but not limited to the restriction of access to your Device or Mobile Device and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or Password, whether your Password is with our Website and Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Communications

By creating an Account, you can agree to subscribe to newsletters, marketing or promotional materials and other information we may send.

Content

You are responsible for any content that you create, save, post, or transmit through the Service. By posting or transmitting content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, display, reproduce, and distribute your content in connection with the Service and our business.

Prohibited Conduct

You may not use the Service to harass, intimidate, or threaten others, or to promote any illegal activity. You may not use the Service to distribute spam, viruses, or other harmful or disruptive content. You may not use the Service in any way that violates the rights of others, including their intellectual property rights.

You may not use the Service for any illegal or unauthorized purpose. Specifically, the Service must not be used to generate or disseminate:

• Not Safe For Work (NSFW), lewd, or sexual material.
• Hateful or violent imagery, including discriminatory, racist, or misogynistic content.
• Copyrighted or trademarked material without permission.

Disclaimer

All content available through the Service, including but not limited to images, text, and designs, is generated by the MentisLeap team utilizing advanced artificial intelligence technologies. We strictly ensure that we do not feature real individuals’ images, artworks, or any copyrighted material unless we have the appropriate rights or licenses.

The Company aims to respect the intellectual property rights of others and expects its users to do the same. Any use of the Company service that infringes upon the intellectual property rights of others is strictly prohibited and may result in the termination of your account and legal action.

Payments

We use Stripe to process payments made through our website. By making a payment, you agree to be bound by Stripe’s terms and conditions, which can be found on their website.

A valid payment method, including credit or debit card, Apple Pay, Google Pay, Amazon Pay, or Cash App. You shall provide the Company with accurate and complete billing information including (i) full name, (ii) email address, (iii) country, (iv) business’s legal entity name, (v) VAT tax number and (vi) a valid payment method information. By submitting such payment information, you automatically authorize Company to charge all fees incurred through your Account to any such payment instruments. Should automatic billing fail to occur for any reason, Company will issue an fail to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Company is not responsible for any additional fees, including taxes, imposed by the relevant authorities of the country in which the person submitting an order. Payment of these additional fees remains the responsibility of the person submitting the order.

Pricing and Fee Changes

The Company reserves the right to modify pricing and payment fees for subscriptions or one-time purchases at any time and at its sole discretion. Any changes to subscription fees will become effective at the end of the current billing cycle. The Company will provide you with prior notice of any changes to subscription fees that are reasonable, to give you the opportunity to terminate your subscription before the changes become effective. Your continued use of the service after the changes come into effect constitutes your agreement to pay the modified subscription fee amount. constitutes your agreement to pay the modified subscription fee amount.

Taxes

All prices are without tax. Appropriate tax will be calculated at checkout. We use Stripe to determine the correct tax based on your location and status as an individual or company.

Intellectual Property

The Service, the Website and their original content (excluding Content), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service and the Website are protected by copyright, trademark, and other laws of 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 the Company. The Guest and the User by using the Service do not acquire any rights to the Intellectual Property. It is prohibited to use the Intellectual Property for purposes other than those resulting from the authorized personal use referred to in the Article 23 of the Act of February 4, 1994 on Copyright and Related Rights.

The User shall not modify, reverse engineer, decompile, disassemble or attempt to derive source code from Service or the Website or any portion thereof. The User is not entitled to create and/or publish APIs or otherwise proxying access to the Service or the Website nor is allowed to use the Service or the Website in an automated manner (that is by machine or computer program).

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted with the use of the Service or on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright Infringement, please submit your claim via email to support@mentisvibe.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. You may be held accountable for damages (including costs and attorneys’ fees) for (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service or Website on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest,
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work,
• identification of the URL or other specific location on Service where the material that you claim is infringing is located,
• your address, telephone number, and email address,
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law,
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at support@mentisvibe.com.

User Content and Intellectual Property

You retain ownership of your content, but by uploading it, you grant the Company a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content in connection with the Service. You must ensure you have the necessary rights to the content you upload or share.

Analytics

We may use third-party service providers to monitor and analyze the use of our Service and Website.

Error Reporting and Feedback

The Company tries – to the best of its ability – to support the Guests and Users in solving their problems related to functioning of the Service, as well as undertakes actions to improve the quality of the Service’s functioning and the provision of the Service based on the comments submitted by these entities.

You may provide us directly at support@mentisvibe.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

Links to Other Websites

Our Service and/or Website may contain links to Other Websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any Other Websites. We do not warrant the offerings of any of these entities/individuals or Other Websites. You acknowledge and agree that the company 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 other websites. We strongly advise you to read the terms of service and privacy policies of any other websites that you visit.

Termination

We may terminate or suspend your Account and ban access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your Account, you may simply discontinue using Service. All provisions of Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis.

The Company shall not be liable to the customers of the User for the use of the Service and the Content provided by the Service to the User’s customers.The Company shall not be liable for the consequences of installing or sending any malicious software, phishing or any other practises undertaken by other entities to the Service. The Company shall not be liable for any breaks in the operation of the Service. The Company shall not be liable for the consequences of phenomena known as force majeure, including in particular power outages, fires, atmospheric phenomena, wars, riots, strikes and other similar events that are not affected by the Company. Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from these terms and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.

The Guest’s/User’s Liability

The Guest and/or User is fully liable for the consequences of authorised or unauthorised distribution of any content available on the Website or the Service. This applies in particular to the Intellectual Property. The liability includes, in particular, Company’s release from any claims in this respect if such are against Company. The User is solely liable for any Content published, presented, sent or in any other way provided during the use of Service to the User’s customers.

Service breaks

The Company does not guarantee the permanent accessibility of the Service or the Website. The Company reserves the right to introduce a break in the operation of the Website or the Service or their certain functionalities. If there is an intention to implement a break, the Company will notify about it by posting relevant information or a massage on the Website or via the email provided when setting-up the Account at least 3 days before the date of planned break. In the event of unintended breaks in the operation of the Website or the Service or their certain functionalities, the Company will immediately notify about it by posting a relevant information or message on the Website or via the email provided when setting-up the Account. Acceptance of the Regulations means also giving an approval for the Services being not 100% reliable.

Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

Personal Data Protection and Security

The Company processes personal data with due diligence and ensuring adequate technical and organizational security measures. Detailed information about the protection of personal data can be found in the Privacy Policy. The Company shall not be liable for the personal data protection of the User’s customers that use the Service. The Company shall not be liable for the contents and rules of personal data protection and privacy on the Other Websites, including those to which the Links refer. The Company shall not be liable for the damages caused by browsing the Other Websites or posting any personal data or other information on them. The Company recommends reading the rules of personal data protection and privacy on the Other Websites, including those to which the Links refer, before starting using them, in particular before publishing own personal data or other essential information on the Other Websites.

Governing Law

These Terms shall be governed and construed in accordance with the laws of State of Wyoming 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. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service. In case of any discrepancies between these Terms and the Agreement (if concluded), the provisions of the Agreement shall be applicable. The aforementioned sentence refers also to the amendments of these Terms introduced in the Agreement.

Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

If you have any questions about these Terms, please contact us at support@mentisvibe.com.