1. Acceptance of Terms

Welcome to MentCura's corporate wellness platform. These Terms and Conditions ("Terms") govern your access to and use of the website located at https://corp.mentcura.com/ (the "Website") and the associated services provided by MentCura Labs Private Limited ("MentCura," "we," "us," or "our"), a company incorporated under the laws of India.

By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use this Website.

These Terms constitute a legally binding agreement between you ("User," "Corporate Client," or "you") and MentCura in accordance with the Indian Contract Act, 1872 and the Information Technology Act, 2000.

2. Definitions

"Corporate Client" means an organization or company that subscribes to MentCura's corporate wellness services for its employees.
"Employee" means an employee or authorized representative of a Corporate Client who is granted access to the Platform.
"Platform" means MentCura's web-based and mobile application platform, including all features, tools, and services provided thereunder.
"Services" means the corporate mental health and wellness services provided by MentCura, including mood tracking, AI-powered insights, tele-counseling, and related features.

3. Eligibility and User Accounts

3.1 Age and Capacity

By using this Website, you represent and warrant that you are of legal age (18 years or older) and have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872. If you are accessing the Website on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3.2 Minimum Subscription

Corporate wellness subscriptions require a minimum of ten (10) Employee seats.

3.3 Account Registration

To access certain features of the Website and Services, you may be required to create an account. You agree to:

Provide accurate, current, and complete information during registration;
Maintain and promptly update your account information;
Maintain the security and confidentiality of your login credentials;
Notify us immediately of any unauthorized use of your account;
Accept responsibility for all activities that occur under your account.

3.4 Account Termination

We reserve the right to suspend or terminate your access to the Website and Services if you violate these Terms or engage in fraudulent, abusive, or illegal activity.

4. Services Overview

MentCura provides corporate mental health and wellness services through its digital platform, including:

Mood Tracking & Journaling: Tools for employees to monitor their emotional well-being;
AI-Powered Insights: Personalized recommendations based on user activity and self-reported data;
AI Chatbot Support: Virtual mental health companion providing immediate guidance and information;
Self-Care Exercises: Library of breathing exercises, mindfulness activities, and evidence-based interventions;
Tele-Counseling: Access to licensed mental health professionals holding Master's degrees in Psychology and RCI licenses (where applicable);
Mental Health Resources: Educational content and materials related to mental wellness;
Crisis Support Links: Direct connections to national mental health helplines for emergency situations;
Corporate Analytics: Aggregated, anonymized usage data and wellness metrics for organizational insights.

5. Use of the Website

5.1 License Grant

Subject to your compliance with these Terms, MentCura grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Services for your internal business purposes.

5.2 Prohibited Activities

You agree not to:

Use the Website or Services for any unlawful purpose or in violation of these Terms;
Attempt to gain unauthorized access to any portion of the Website, other accounts, or any systems or networks connected to the Website;
Interfere with or disrupt the integrity or performance of the Website or Services;
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Platform;
Use any robot, spider, scraper, or other automated means to access the Website;
Introduce viruses, trojan horses, worms, malware, or other harmful code;
Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
Violate any applicable local, state, national, or international law;
Collect or store personal data about other users without their express consent.

5.3 Compliance with Laws

You agree to comply with all applicable laws and regulations, including but not limited to the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and all other Indian laws.

6. Intellectual Property Rights

6.1 Ownership

All content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, algorithms, AI models, and the overall "look and feel" of the Website, is the exclusive property of MentCura Labs Private Limited or its licensors and is protected by Indian and international copyright, trademark, and other intellectual property laws.

6.2 Trademarks

"MentCura" and all related logos, product names, and service names are trademarks or registered trademarks of MentCura Labs Private Limited. You may not use these marks without our prior written permission.

6.3 Restrictions

You may not:

Copy, reproduce, modify, distribute, display, perform, publish, license, create derivative works from, or sell any content obtained from this Website;
Use any content for commercial purposes without our express written consent;
Remove or alter any copyright, trademark, or other proprietary notices from content obtained from this Website.

6.4 User Content

If you submit, upload, or post any content to the Website ("User Content"), you grant MentCura a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, and distribute such User Content for the purpose of providing and improving the Services.

7. Privacy and Data Protection

7.1 Privacy Policy

Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection, use, and disclosure practices.

7.2 Compliance with DPDP Act

MentCura complies with the Digital Personal Data Protection Act, 2023, and all applicable data protection laws in India. Personal data is stored in India using secure cloud infrastructure (Google Cloud Platform and Microsoft Azure).

7.3 Data Security

We implement appropriate technical and organizational measures to protect your personal data. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

7.4 Data Retention

We retain personal data for as long as necessary to provide the Services and fulfill the purposes outlined in our Privacy Policy, or as required by law.

8. Subscription and Payment Terms

8.1 Subscription Plans

Corporate wellness subscriptions are available on annual or semi-annual terms. Pricing is based on a per-employee-per-month model and is specified in your subscription agreement.

8.2 Payment Processing

Payments are processed through Razorpay or other authorized payment gateways. By providing payment information, you authorize us to charge the applicable fees to your designated payment method.

8.3 Fees and Taxes

All fees are exclusive of applicable taxes, including Goods and Services Tax (GST), which shall be added to invoices as required by Indian law.

8.4 Non-Refundable

Subscription fees are generally non-refundable except as expressly provided in a separate service agreement or as required by applicable law.

8.5 Fee Changes

We reserve the right to modify our fees upon providing at least sixty (60) days' advance notice. Continued use of the Services after fee changes constitutes acceptance of the new fees.

9. Disclaimers and Warranties

9.1 "AS IS" Basis

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 No Medical Advice

THE INFORMATION AND SERVICES PROVIDED THROUGH THIS WEBSITE ARE FOR INFORMATIONAL AND WELLNESS PURPOSES ONLY AND ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION.

9.3 Not Emergency Services

THE PLATFORM DOES NOT PROVIDE EMERGENCY MEDICAL OR MENTAL HEALTH SERVICES. IN CASE OF A MENTAL HEALTH EMERGENCY, PLEASE CONTACT NATIONAL MENTAL HEALTH HELPLINES (ACCESSIBLE THROUGH THE PLATFORM) OR SEEK IMMEDIATE IN-PERSON MEDICAL ATTENTION.

9.4 AI Limitations

AI-POWERED FEATURES, INCLUDING THE AI CHATBOT AND AI-DRIVEN INSIGHTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. AI-GENERATED CONTENT MAY CONTAIN INACCURACIES OR LIMITATIONS AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL MENTAL HEALTH ADVICE. FOR PERSONALIZED SUPPORT, PLEASE CONSULT WITH LICENSED PROFESSIONALS THROUGH OUR TELE-COUNSELING SERVICES.

9.5 Professional Independence

Mental health professionals providing tele-counseling services through the Platform are independent contractors and not employees or agents of MentCura. MentCura does not control or direct the professional judgment or clinical decisions of these professionals.

9.6 No Guarantee of Results

MentCura makes no guarantees regarding specific outcomes, improvements in mental health, or user satisfaction with the Services. Mental health outcomes depend on numerous factors beyond MentCura's control.

9.7 Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by MentCura. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

9.8 Availability

We do not warrant that the Website or Services will be uninterrupted, timely, secure, or error-free. We reserve the right to modify, suspend, or discontinue any aspect of the Website or Services at any time without notice.

10. Limitation of Liability

10.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY INDIAN LAW, MENTCURA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO MENTCURA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR INR 10,000, WHICHEVER IS GREATER.

10.2 Exclusion of Consequential Damages

IN NO EVENT SHALL MENTCURA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF MENTCURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Exceptions

The limitations set forth in this Section 10 shall not apply to liability arising from:

Gross negligence or willful misconduct;
Fraud or fraudulent misrepresentation;
Death or personal injury caused by negligence;
Any liability that cannot be excluded or limited under applicable Indian law.

10.4 Basis of Bargain

The limitations of liability reflected in this Section 10 are fundamental elements of the basis of the bargain between MentCura and you. The Website and Services would not be provided without such limitations.

11. Indemnification

You agree to indemnify, defend, and hold harmless MentCura Labs Private Limited, its affiliates, and their respective directors, officers, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:

Your use or misuse of the Website or Services;
Your violation of these Terms;
Your violation of any rights of another party, including intellectual property rights;
Your violation of any applicable laws or regulations;
Any content you submit, post, or transmit through the Website.

12. Term and Termination

12.1 Term

These Terms shall remain in effect while you use the Website or Services.

12.2 Termination by You

You may terminate your account at any time by discontinuing use of the Website and Services and contacting us at contact@mentcura.com. Corporate subscription termination requires thirty (30) days' written notice.

12.3 Termination by Us

We may suspend or terminate your access to the Website or Services immediately, without prior notice, if you breach these Terms or for any other reason at our sole discretion.

12.4 Effect of Termination

Upon termination:

Your right to use the Website and Services will immediately cease;
You must cease all use of the Website and Services;
Sections that by their nature should survive termination (including provisions regarding intellectual property, disclaimers, limitation of liability, and indemnification) shall survive.

13. Modifications to Terms

We reserve the right to modify or update these Terms at any time. We will notify you of material changes by posting the updated Terms on this Website with a new "Last Updated" date. Your continued use of the Website or Services after such modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts located in Delhi, India.

14.2 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the matter through good faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue arbitration in accordance with the Arbitration and Conciliation Act, 1996, with the seat of arbitration in [Insert City], India.

15. Information Technology Act Compliance

15.1 Intermediary Status

To the extent MentCura qualifies as an "intermediary" under the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, we comply with all applicable requirements.

15.2 Grievance Officer

In accordance with the Information Technology Act, 2000, and applicable rules, MentCura has appointed a Grievance Officer to address complaints regarding content or data protection:

Grievance Officer: Pavni Kandpal
Email: pavnikandpal@mentcura.com
Address: Maharishi Kanad Bhawan Near North Campus, University of Delhi, Delhi - 110007

The Grievance Officer shall acknowledge complaints within 24 hours and resolve them within 15 days.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on the Website, constitute the entire agreement between you and MentCura regarding your use of the Website and Services.

16.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

16.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

16.5 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and MentCura.

16.6 Force Majeure

MentCura shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, government actions, epidemics, pandemics, or internet/telecommunications failures.

16.7 Notices

All notices under these Terms shall be in writing and sent to contact@mentcura.com for MentCura, or to the email address associated with your account for you.

16.8 Language

These Terms are executed in the English language. If these Terms are translated into any other language, the English version shall prevail in case of any inconsistency.

16.9 Contact Information

For questions or concerns about these Terms, please contact us at:

MentCura Labs Private Limited
Email: contact@mentcura.com
Website: https://corp.mentcura.com/

17. Acknowledgment

BY USING THIS WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THIS WEBSITE OR SERVICES.