Terms & Conditions

Please read these Terms and Conditions ("Terms") carefully before accessing or using the Mentara platform and its services, including digital fitness applications, calorie and nutrition tracking, training programs, and related products. By accessing or using Mentara, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must discontinue use immediately.

Capitalized terms have the meanings set forth in this Section or as otherwise defined throughout these Terms. Definitions apply whether terms appear in singular or plural form.

Affiliate means any entity that controls, is controlled by, or is under common control with Mentara, where "control" means direct or indirect ownership of at least fifty percent (50%) of the equity interests or voting securities.

Application or App means the Mentara mobile application, including all related features, tools, AI-powered capabilities, content, training programs, and updates.

Company, We, Us, or Our refers to Mentara, LLC.

Device means any device capable of accessing the Service.

Fitness Products means the digital fitness programs, training programs, nutrition guides, meal plans, subscriptions, and any other health and fitness-related products or services offered by Mentara.

Programs means the generic fitness, exercise, and nutrition programs made available through the Service based on goals provided during sign-up.

Service means, collectively, the Application, the Website, associated software, content, AI-powered tools, health and fitness tracking features, Fitness Products, and any other services offered by Mentara.

User Content means any images, photographs, text, food logs, fitness data, health data, metadata, or other content uploaded, submitted, or transmitted by You through the Service.

Website means mentarafit.com and any associated subdomains.

You means the individual using the Service or the legal entity on whose behalf the individual uses the Service.

Your access to and use of the Service is conditioned upon Your acceptance of these Terms and the Mentara Privacy Policy. By accessing or using the Service, creating an account, or purchasing any Fitness Product, You agree to be bound by these Terms. If You do not agree, You must discontinue use of the Service immediately.

Mentara may amend these Terms periodically and will post updates on the Website and App. The updated Terms take effect from the date they are posted. Continued use of the Service after updated Terms are posted constitutes acceptance of the changes.

The Service is not intended for individuals under the age of 18.

Mentara LLC does not knowingly collect any Personal Identifiable Information from children under the age of 13. If we learn at any time that we have been providing services to or have collected the information of a child under the age of 13 then we will immediately destroy this personal information unless we are legally obligated to retain such data. Please email us at privacy@mentarafit.com if you believe that we have unintentionally provided services to or collected the information of a child under the age of 13.

We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best to promptly remove such information from our records.

Children between the ages of 13 and 18 years of age must receive permission from a parent of legal guardian to access this website.

You represent and warrant that all information you provide to Mentara is truthful, accurate, and not misleading in any way, and that your use of the Service complies with all applicable laws and regulations in your jurisdiction.

Mentara does not provide medical advice or diagnosis. It is recommended that any considering a new fitness or supplement regimen seek the advice of their physician prior to comments of any such activities. Mentara does not provide personal training in person or individually tailored exercise, fitness, or nutritional advice. The Programs, meal plans, calorie estimates, nutritional insights, food identifications, and all other health-related content provided through the Service are generic in nature, based on goals and information provided during sign-up, and are for general informational purposes only. They may be incomplete or inaccurate based on the user's physical condition or chemistry.

By using the Service, You acknowledge and agree to all of the following:

• •Calorie and nutrition estimates are approximations only and have not been reviewed by qualified medical or nutritional professionals.
• •The Service is not intended to diagnose, treat, cure, or prevent any disease or medical condition.
• •Mentara does not guarantee specific outcomes as a result of participation in any Program or use of any Fitness Product.
• •You should consult a licensed physician or qualified healthcare professional before beginning any fitness program, exercise regimen, meal plan, or nutrition guide, particularly if you have or are at risk of any health condition, are pregnant or breastfeeding, or are taking prescription medication.
• •The Programs and Fitness Products do not account for any medical conditions, including, without limitation, pregnancy, breastfeeding, or other specific health issues.
• •If any information from the Service conflicts with advice from your healthcare provider, you should follow your healthcare provider's advice.
• •YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT PRESENTED IN THE SERVICE.
• •Any exercise and wellness activities carry inherent and significant risks of bodily injury or death, including but not limited to broken bones, soft tissue injuries, joint injuries, and cardiovascular complications. You voluntarily assume all known and unknown risks associated with such activities.
• •Testimonials provided on the Website or App are unique to each individual, and results may vary.
• •The Company is not liable for inaccuracies in calorie counts, food identification, nutritional data, Program content, or any other health-related content.

Portions of the Service may incorporate proprietary or third-party technologies such as artificial intelligence or machine learning systems. You understand that any information, including, without limitation, AI-generated outputs may contain errors, may not be accurate or reliable, and can reflect biases present in training data. Mentara does not guarantee the accuracy, completeness, or usefulness of any AI-generated content.

Mentara promotes healthy relationships with food and exercise and does not condone dangerously low levels of food consumption or excess food or supplement consumption. Any use of the Service to promote, glamorize, or facilitate dangerous eating behaviors, supplement consumption or extreme exercise practices is strictly prohibited.

FOOD ALLERGY NOTICE: You are solely responsible for knowing about any food allergies or intolerances you may have or may develop and for verifying the contents of any food products before handling, preparing, or consuming them. While Mentara may attempt to avoid recommending foods flagged as allergens, we cannot guarantee the completeness or accuracy of ingredient or allergen information in our food database.

You may need to register for a Mentara account to access the Service. You agree to provide accurate and complete information during registration and to keep that information current.

You agree to create only one account for your own personal use and not to share your account credentials with others. Each purchase of a Fitness Product or Subscription is for your personal use only. You may not authorize third parties to use your Subscription or any other digital products through your account.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Please notify Mentara immediately of any actual or suspected unauthorized use of your account.

You can delete your account at any time. Deleted accounts generally cannot be recovered. Note that deleting your account or the App from your device does not automatically cancel an active subscription. You must cancel through the platform where you subscribed (e.g., Apple App Store or Google Play settings).

Upon registration, Mentara grants You a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to use the Service and associated materials, for your personal, non-commercial use, in accordance with these Terms.

By submitting User Content, You represent and warrant that You own or have all necessary rights, permissions, and consents to provide that content as contemplated by these Terms, and that Your User Content does not infringe, misappropriate, or violate any intellectual property rights, privacy rights, or other proprietary rights of any third party.

By submitting User Content, You grant Mentara a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, host, store, cache, copy, reproduce, publish, display, distribute, modify, adapt, create derivative works from, and otherwise process Your User Content in connection with operating and improving the Service, including for the purpose of training AI models.

Your Content

1. You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
   • ◦Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
   • ◦Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
   • ◦Exploits minors;
   • ◦Depicts unlawful or violent acts;
   • ◦Depicts animal cruelty or violence towards animals;
   • ◦Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
   • ◦Violates any law, statute, or regulation.
2. You may not use any Mentara Content for any purpose without first obtaining a license to use such Mentara Content. Any use of Mentara Content by you shall be governed by the applicable license agreement separately entered into between you and Mentara. Displaying and/or distributing to the public any watermarked or unlicensed content.

We reserve the right, but not the obligation, to monitor, review, modify, remove, or restrict access to User Content at any time and for any reason. Even after removal, User Content may have been viewed or copied by other users.

Mentara provides community features where users can share experiences, gain knowledge, and support one another. All users must abide by the following rules when participating in any community space:

• •Always respect other users and be polite — offensive or demeaning comments are not permitted.
• •Cursing and profanity are strictly prohibited.
• •Zero tolerance for bullying, harassment, or discriminatory behavior of any kind.
• •Only post content that is lawful — violations may result in immediate account suspension without refund.
• •Do not post mental-health crisis content or content that promotes self-harm or eating disorders.
• •Spam, advertising of third-party products, and promotional content are strictly prohibited.
• •Do not post, publish, or display sexually explicit images or content.
• •Any content you post in community spaces is public and may be used by Mentara without liability.

Mentara reserves the right to remove any content that violates these guidelines at any time without notice.

You agree not to use the Service for any of the following:

• •Uploading or transmitting violent, sexually explicit, harmful, or unlawful content.
• •Reverse engineering, decompiling, or performing competitive analysis on the Service or its underlying technology.
• •Circumventing security protections or gaining unauthorized access to any system or account.
• •Uploading images of individuals without their lawful consent.
• •Engaging in data mining, scraping, or using automated tools to extract data from the Service without authorization.
• •Harvesting or storing personal information about other users without their express consent.
• •Uploading or transmitting viruses, malware, ransomware, or other harmful code.
• •Interfering with or disrupting the proper operation of the Service or its infrastructure.
• •Using the Service for commercial purposes, including advertising, competitive research, or reselling, without a separate written agreement with Mentara.
• •Any other use that violates applicable law, these Terms, or Mentara's Community Guidelines.

Mentara offers various Fitness Products and premium features through monthly and annual subscriptions. By signing up for any paid plan, you agree to pay all applicable fees.

Purchases and subscriptions may be processed through third-party platforms such as the Apple App Store and Google Play Store. Their respective terms govern payment processing, renewals, and refunds for purchases made through those platforms. Payments processed through those platforms are handled by the respective platform, over which Mentara has no control.

Subscriptions automatically renew at the start of each billing period unless cancelled before the end of the then-current period. To cancel, you must do so through the same platform where you subscribed.

All sales are final and no refunds are available for any Fitness Products or Subscriptions, except as required by applicable law or at Mentara's sole discretion. App access will not be extended unless documented proof of an emergency medical condition is provided.

If a free trial or promotional offer is available at the time of purchase, your paid access will commence when the trial or promotion concludes. If you do not cancel before the end of a free trial, you will automatically be charged the applicable subscription fee.

Mentara may change pricing for any product or service at any time with reasonable advance notice. Continued use after a price change constitutes acceptance of the new pricing.

By using the Service, you represent and warrant to Mentara that:

• •You are at least 18 years old.
• •You have sought and obtained appropriate medical advice before starting any Program, meal plan, or nutrition guide.
• •All information and documentation you provide to Mentara is truthful, accurate, and not misleading.
• •You will exercise in a safe and suitable environment appropriate for the Program.
• •You will comply with these Terms at all times.
• •You will solely manage any food allergies or intolerances you may have.
• •You are responsible for all costs associated with your use of the Service, including data and telecommunications fees.

You acknowledge and agree that exercise routines and programs carry inherent risks, and participation in any Mentara Program or use of any Fitness Product can lead to serious injury, including but not limited to:

• •Injuries resulting from known or unknown health conditions or previous injuries.
• •Complications related to pregnancy or breastfeeding.
• •Injuries from engaging in overly strenuous activities.
• •Accidents involving fitness equipment.
• •Attempting activities beyond your current physical capability.

You understand that exercise and nutrition guides provided by Mentara are not tailored to your specific individual circumstances. You should consult with a healthcare provider before following any advice, plan, or Program offered through the Service.

Mentara does not guarantee that the App or Website will function on any particular device. You acknowledge that technical difficulties or delays may occur, which is an inherent risk of all internet and electronically based systems.

The Service may include links or integrations with third-party content, platforms, or services ("Third-Party Services"), including social networking services and App Providers (Apple App Store and Google Play Store). Different terms and privacy policies apply to your use of Third-Party Services. Mentara does not control and is not responsible for the accuracy, availability, or reliability of any Third-Party Services.

These Terms govern the relationship between You and Mentara only. As between Mentara and any App Provider, Mentara is solely responsible for the Application. App Providers are third-party beneficiaries of these Terms solely as they relate to your license to use the Application on their platforms.

The App, the Mentara name, logo, trademarks, and all content including Programs, Website content, Fitness Products, and related materials ("Mentara Intellectual Property") are the exclusive property of Mentara, LLC. or its licensors at all times.

Subject to your compliance with these Terms, Mentara grants You a limited, revocable, personal, non-transferable, and non-exclusive license to access and use the Service for your own personal, non-commercial purposes.

You agree not to copy, modify, publish, reproduce, distribute, sell, reverse engineer, or otherwise exploit any Mentara Intellectual Property without prior written consent from Mentara.

All content on the Services - including text, graphics, logos, images, videos, and software - is owned by Mentara or its TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Mentara. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

1. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Mentara. Mentara does not operate, control or endorse any information, products or services on the Internet in any way. Mentara is not responsible for any third-party information provided through the site or internet including links, references, or use of third-party services such as Paypal. Mentara makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Mentara web site, please understand that it is independent from Mentara, and that Mentara has no control over the content on that web site. In addition, a link to a Mentara web site does not mean that Mentara endorses or accepts any responsibility for the content, or the use, of such web site.

You also understand that Mentara does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume full responsibility and risk in using this site and Internet.

Mentara provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever. Mentara shall not be liable for any cost or damage arising either directly or indirectly from any services provided or products sold. The services provided are for information and entertainment purposes only. By engaging in the services provided, you agree that all information and guidance provided is to be used at your sole discretion and releases Mentara from any legal action or liability resulting from the services offered. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the service or on the internet. Mentara does not warrant that the service will be uninterrupted or error-free. licensors and protected by intellectual property laws.

Mentara reserves the right to suspend or terminate Your account or access to the Service at any time, without notice, if You violate these Terms or for any other reason at Mentara's discretion. Mentara will provide written or email notice of suspension or termination where practicable.

Customers may discontinue using a Subscription, the App, and the Website at any time. Termination does not entitle You to a refund except as otherwise stated in these Terms or required by law.

Sections of these Terms that by their nature should survive termination will remain in full effect, including Sections 6, 7, 11, 15, 16, 17, 18, and 19.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MENTARA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT.

MENTARA DOES NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE SPECIFIC RESULTS; (B) THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE; OR (C) ERRORS WILL BE CORRECTED. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MENTARA'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF:

• •The total amount You paid to Mentara in the preceding twelve (12) months; or
• •Five Hundred Dollars (USD $500.00).

IN NO EVENT SHALL MENTARA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES — INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF MENTARA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

To the maximum extent permitted by applicable law, You agree to indemnify, defend and hold harmless Mentara, LLC. and its managers, directors, officers, employees, affiliates, and agents from any and all claims, liabilities, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or related to:

• •Your use of the Service or participation in any Program.
• •Any Fitness Product purchased through the Website or App.
• •Your violation of these Terms.
• •Mentara's use of Your User Content.
• •Your violation of any duty of care or negligence toward another user.
• •Your defamatory, libelous, hateful, violent, obscene, unlawful, or offensive conduct toward other users or third parties.

If You believe that content on the Service infringes your copyright, please submit a notice to Mentara's designated agent as described on the Website. Your notice must comply with the requirements of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)), including identification of the allegedly infringing material, your contact information, a good-faith statement, and your electronic or physical signature.

Contact for copyright notices: legal@mentarafit.com

Customers may raise complaints about any goods or services provided by Mentara by emailing support@mentarafit.com. Please include detailed information about the nature of the complaint and any supporting documentation. Mentara will investigate and provide a response within 7 business days.

Before initiating any formal legal proceeding, You and Mentara agree to first attempt informal resolution for a period of no less than sixty (60) days. To begin this process, you must send a written notice describing the nature of the dispute and relief sought to: legal@mentarafit.com.

If informal resolution fails, disputes must be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator will have exclusive authority to resolve disputes about the interpretation or enforceability of these Terms.

YOU AND MENTARA AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to a jury trial and to participate in class action litigation.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT ACTION IS PERMANENTLY BARRED.

You may opt out of the arbitration agreement within thirty (30) days of first accepting these Terms by emailing legal@mentarafit.com with your name, address, phone number, and a statement that you do not agree to the arbitration provision.

These Terms and Conditions are governed by and interpreted in accordance with the laws of the State of Georgia, United States of America, without regard to its conflict of law principles. All parties agree to submit to the exclusive jurisdiction of the courts of the State of Georgia, United States of America, for any disputes not subject to arbitration under Section 19.

Mentara may transfer or assign its rights, benefits, and obligations under these Terms to a third party at any time without Your approval. You may not assign, delegate, or otherwise transfer your account or obligations under these Terms without Mentara's prior written consent.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect. Failure by Mentara to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, together with the Mentara Privacy Policy, constitute the entire agreement between Mentara and You with respect to the Service, superseding all prior agreements, understandings, or commitments.

Mentara will provide notices to You via email to the address associated with your account. Notice will be deemed given 24 hours after the email is sent. You may provide notices to Mentara by emailing support@mentarafit.com or legal@mentarafitcom.

Mentara may update these Terms at any time. We will provide reasonable notice of material changes via the App, Website, or email. Continued use of the Service after updated Terms are posted constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and delete your account.