Terms of Service
The following terms of service ("Terms" or "Terms of Service") govern the relationship between the User and MentCura Labs Private Limited, a company incorporated in India with registered address 5th Floor, Maharishi Kanad Bhawan, Near North Campus, University of Delhi - 110007 ("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 Free Licence
MentCura grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the MentCura application ("App") free of charge, subject to these Terms. The free tier provides access to core features as made available by MentCura from time to time, at our sole discretion.
1.2 MentCura Pro — Subscription Licence
MentCura Pro is a premium paid subscription that unlocks additional features within the App, including but not limited to AI-powered coaching sessions, advanced habit tracking, expanded community access, and priority features as described in the App at the time of purchase. Features included in MentCura Pro may be updated, added to, or changed at MentCura's discretion with reasonable notice.
1.3 Subscription Billing
(a) Billing Cycle. MentCura Pro subscriptions are offered on a monthly or annual basis, as selected by you at the time of purchase. Your subscription begins on the date of confirmed payment.
(b) Auto-Renewal. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing period unless you cancel at least 24 hours before the end of the current period. You authorise MentCura (via Apple App Store or Google Play Store, as applicable) to charge your payment method on file for each renewal period at the then-current subscription price.
(c) Price Changes. MentCura reserves the right to change subscription pricing. We will provide at least 30 days' notice of any price increase via email or in-app notification. Continued use of MentCura Pro after the effective date of the price change constitutes your acceptance of the new price.
(d) Free Trials. From time to time, MentCura may offer free trials of MentCura Pro. Any unused portion of a free trial will be forfeited upon purchase of a paid subscription. If you do not cancel before the trial period ends, you will be charged the applicable subscription fee.
1.4 Payment Processing
All payments for MentCura Pro are processed exclusively through Apple App Store (for iOS users) or Google Play Store (for Android users). MentCura does not directly collect or store your payment information. Payments are subject to the terms of service of the respective platform through which you make your purchase. In the case of any billing disputes, please contact Apple or Google directly.
1.5 Cancellation
You may cancel your MentCura Pro subscription at any time through your Apple App Store or Google Play Store account settings. Cancellation takes effect at the end of the current billing period. You will retain access to Pro features until the end of the paid period. MentCura does not provide refunds for unused portions of a subscription period except as required by applicable law or as determined at MentCura's sole discretion.
1.6 Refunds
Refund requests for subscriptions purchased via Apple App Store must be submitted directly to Apple at reportaproblem.apple.com. Refund requests for subscriptions purchased via Google Play must be submitted directly to Google. MentCura has no control over refund decisions made by Apple or Google.
1.7 Promotional Codes & Coupons
MentCura may from time to time issue promotional or coupon codes ("Promo Codes") that provide temporary or limited access to MentCura Pro features. Promo Codes:
- Are valid for a single use per account unless otherwise stated
- Cannot be redeemed for cash or combined with other offers
- Have no monetary value and are non-transferable
- May be revoked or expire at MentCura's sole discretion
- Do not constitute a subscription and will not auto-renew
1.8 Platform Licence Terms
Your use of the App is also subject to the terms of the app marketplace through which you downloaded the App (Apple App Store or Google Play Store). In the event of any conflict between these Terms and the marketplace terms, the marketplace terms shall govern with respect to payment and billing matters only.
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, 15.1 and the termination provisions in 16, 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 These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
10.3 Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The seat of arbitration shall be New Delhi, India. The language of arbitration shall be English.
10.4 Subject to the arbitration clause above, the courts of New Delhi, India shall have exclusive jurisdiction over any matters not subject to arbitration under these Terms.
10.5 If any provision is unenforceable, the remainder survives.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US.
11. Device Requirements
11.1 Prospective Users should consult the MentCura developer page on the Google Play Store or Apple App 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. Artificial Intelligence Features
12.1 AI-Powered Features
MentCura uses artificial intelligence and machine learning technologies to provide personalised mental wellness guidance, coaching suggestions, habit recommendations, mood analysis, and related features (collectively, "AI Features"). These AI Features are powered by third-party AI model providers and MentCura's proprietary algorithms.
12.2 Not a Medical Service
THE AI FEATURES PROVIDED BY MENTCURA ARE FOR GENERAL WELLNESS AND INFORMATIONAL PURPOSES ONLY. THEY DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The AI coach, chatbot, recommendations, or any other AI-generated content within the App:
- Is not a substitute for professional medical advice, diagnosis, or treatment
- Should not be used in medical emergencies (call your local emergency number immediately)
- May not be accurate, complete, or appropriate for your specific situation
- Does not create a doctor-patient or therapist-client relationship
Always seek the advice of a qualified health provider with any questions you may have regarding a medical or mental health condition.
12.3 Limitations of AI
You acknowledge that:
(a) AI-generated responses are probabilistic in nature and may occasionally be incorrect, incomplete, or outdated;
(b) MentCura does not guarantee that AI Features will always produce accurate or appropriate responses;
(c) AI Features should be used as a supportive tool, not as a sole source of guidance for important mental health decisions;
(d) MentCura continually works to improve the quality of AI outputs but cannot guarantee error-free performance.
12.4 Your Data and AI Processing
When you interact with AI Features, the content of your conversations and inputs may be processed by MentCura's AI systems to generate responses and improve the service, subject to our Privacy Policy. MentCura takes reasonable steps to ensure the privacy and security of your mental health data. You consent to such processing by using AI Features.
12.5 Human Escalation
MentCura's AI systems are designed to recognise signals of serious distress and may prompt you to seek professional help or emergency services. These escalation mechanisms are supportive tools only and do not guarantee detection of all at-risk situations. MentCura accepts no liability for situations where AI-driven escalation did not occur.
13. Points & Rewards System
13.1 MentCura Points
MentCura may offer a points-based rewards system ("Points") that allows users to earn Points by completing wellness activities, habits, challenges, and other in-app actions as described within the App.
13.2 Nature of Points
Points are a virtual, in-app reward mechanism only. Points:
- Have no monetary value and cannot be redeemed for cash
- Are not transferable between accounts
- Are not your property and do not constitute a financial instrument
- Cannot be sold, gifted, or traded
- Do not accumulate any interest
13.3 Earning & Redemption
Points are earned based on criteria determined by MentCura and displayed within the App. MentCura reserves the right to:
- Modify the criteria for earning Points at any time
- Change the value or redemption options associated with Points
- Expire Points that have been inactive for a period determined by MentCura
- Revoke Points in cases of fraud, abuse, or violation of these Terms
13.4 Programme Changes
MentCura reserves the right to modify, suspend, or terminate the Points programme at any time with reasonable notice. Upon termination of the programme, any outstanding unredeemed Points will be forfeited with no compensation owed.
14. Community Notes & User Content
14.1 Community Features
MentCura may provide community features, including the ability to post notes, reflections, responses, and other content visible to other users ("Community Echo"). By posting Community Notes, you grant MentCura a worldwide, non-exclusive, royalty-free licence to display, distribute, and use that content within the App.
14.2 Community Standards
When using Community Notes or any community feature, you agree NOT to post content that:
- Is abusive, threatening, harassing, hateful, or discriminatory
- Constitutes medical advice or positions itself as professional mental health guidance
- Contains personally identifiable information of others without their consent
- Promotes self-harm, suicide, or dangerous behaviours
- Is spam, promotional, or commercially motivated
- Infringes any third-party intellectual property rights
- Violates any applicable law
14.3 Moderation
MentCura reserves the right (but not the obligation) to monitor, review, edit, or remove Community Notes at our sole discretion. Given the sensitive nature of mental health content, MentCura applies additional care to community moderation but cannot guarantee that all harmful content will be identified and removed promptly.
14.4 Reporting
Users may report Community Notes that violate these Terms using the in-app reporting function. MentCura will review reported content and take action as deemed appropriate.
14.5 No Endorsement
Community Notes reflect the views of individual users only and do not represent MentCura's views or constitute professional advice. MentCura does not endorse any user-generated content.
15. Updating Terms
15.1 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.
15.2 We will take reasonable measures to provide new Terms in advance if material changes are made (emails, in-app banners).
15.3 If measures in 15.2 are taken, MentCura may provide a means for the User to express non-acceptance.
15.4 Continuing use after the effective date constitutes acceptance; discontinue if you do not accept.
15.5 The User should habitually check the Terms; last update date is shown above.
15.6 Effective date is either date set by prior notice or date of publication.
16. 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.