Mentiora — Hollie End User License Agreement

Ultimo aggiornamento: 28 agosto 2026

Traduzione fornita a scopo informativo. Fa fede la versione inglese.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE SERVICE (AS DEFINED BELOW).

Mentiora has developed and may publish “Hollie”, a solution featuring AI-powered virtual front-desk personnel that communicate with people through voice-based conversational technology and allow businesses, among other things, to rapidly deploy tailored assistants, handle incoming calls, arrange bookings, screen prospective customers, and produce call records (the “Service”). By clicking the “accept” or “ok” button, or accessing and/or using the Service or any portion thereof, you expressly acknowledge and agree that you are entering into a legal agreement with Mentiora AG (“Mentiora”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not access or use the Service or any portion thereof. For purposes of this Agreement, Mentiora and you each will be referred to individually as a “Party” and together as the “Parties”.

For purposes of this Agreement, “you” and “Customer” mean the business or professional customer that registers for, subscribes to or uses the Service, whether as a sole proprietor or as a legal entity. If an individual accepts this Agreement on behalf of a legal entity, that individual represents and warrants that they are duly authorized to bind that entity, and “you” and “Customer” refer to that entity. Any individual whom the Customer authorizes to access and use the Service through the Customer’s Account, subject to the applicable Package, is an “Authorized User”. Any person who calls, is called by, or otherwise interacts with the Service in connection with the Customer’s business is a “Caller”. Callers are not parties to this Agreement.

The Service is intended solely for business or professional use. Any individual who creates an Account, accepts this Agreement or acts as an Authorized User must be at least 18 years old.

Scope.

Mentiora shall make the Service available to you as a web-based application and related online services provided by Mentiora, and the Service shall include: (i) the web applications, websites, dashboards, portals and any associated components made available to you by Mentiora; (ii) the services and features made available or provided to you by Mentiora in connection with the Service, including the provision of a telephone number for use in connection with the digital AI-powered front-desk personnel, and, to the extent made available and enabled for you, real-time call handling and transcription, call summaries, messages, callback and booking requests, CRM leads, AI-generated outputs, communications through SMS, WhatsApp and email, and integrations with calendar, CRM, payment and identity-verification systems; and (iii) the content, text, records, documents, descriptions, products, graphics, photos, sounds, videos, interactive features, and the trademarks, service marks and logos (“Marks”), contained in or made available through the Service. During the Term, Mentiora will provide you with reasonable assistance, support, consulting and training services for the Service via telephone or email, to answer any questions or concerns relating to the Service. In the event you need to execute a privacy-related document, including a data processing agreement, with Mentiora, you may submit a request to [email protected]. If the Parties enter into a data processing agreement, that data processing agreement will form an integral part of this Agreement and govern the processing of personal data as set forth therein. any conflict between the data processing agreement and this Agreement with respect to the processing of personal data, the data processing agreement will prevail. You acknowledge and agree that the Service, including any pre-release, beta, trial or preview features and functionality, may be discontinued, amended, updated or modified by Mentiora, in whole or in part, and Mentiora may add or remove any features or functionality of the Service at any time, in its sole discretion, provided that Mentiora shall not materially reduce the core functionality of the Service during the applicable Term without your consent, except where such change is required for legal, regulatory, security or third party dependency reasons, and except with respect to any pre-release, beta, trial or preview features or functionality.

Subscription.

Subject to your compliance with this Agreement, and payment of applicable fees, if any, Mentiora shall grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service, or any portion thereof made available under the package selected by you, during the Term, solely for your internal business purposes and solely in accordance with the package selected by you at the time of registration or subscription (“Package”). Your right to use the Service is limited to the features, scope of use, user limits, usage caps and any other terms or limitations applicable to your Package, as may be presented to you in the applicable checkout flow, registration flow, subscription confirmation, pricing page or other terms made available by Mentiora in connection with such Package, as updated from time to time in accordance with this Agreement. Unless expressly stated otherwise in the terms of the applicable Package, the Package will automatically renew for successive billing periods unless cancelled. You may cancel at any time, and the cancellation will take effect at the end of the then-current billing period.

Any change by you from your current Package to a higher-tier or upgraded Package shall take effect immediately upon such change. Any change by you from your current Package to a lower-tier or downgraded Package shall take effect at the start of the next billing cycle.

Restriction on Use.

You must not, and shall not allow any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, transfer or distribute the Service or any portion thereof to any third party, or use the Service or any portion thereof in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Service or any portion thereof or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; (iii) reverse engineer, decompile or disassemble the Service or any portion thereof or any components thereof, except to the extent such restriction is prohibited by applicable law; (iv) modify, translate, patch, alter, change or create any derivative works of the Service, or any part thereof; (v) use any robot, spider, scraper, or other automated means to access the Service or any portion thereof for any purpose; (vi) take any action that imposes or may impose (at Mentiora’s sole discretion) an unreasonable or disproportionately large load on Mentiora’s infrastructure; (vii) interfere or attempt to interfere with the integrity or proper working of the Service or any portion thereof, or any related activities; (viii) remove, deface, obscure or alter Mentiora’s or any third party’s copyright notices, trademarks or other proprietary rights affixed to or provided as part of the Service, or use or display logos of the Service differing from Mentiora’s own without Mentiora’s prior written approval; (ix) use the Service or any portion thereof to develop a competing service or product; (x) use the Service or any portion thereof to send unsolicited or unauthorized commercial communications; (xi) use any telephone number provided by Mentiora in connection with the Service other than solely as part of your authorized use of the Service; (xii) sell, transfer, assign, sublicense, lease, port, redirect, forward, or otherwise make available any such telephone number to any third party without Mentiora’s prior written approval; (xiii) use any such telephone number in violation of applicable telecommunications, privacy, marketing, consumer protection, or similar laws and regulations, including in connection with spam, unlawful robocalling, misleading caller identification, or unsolicited communications; (xiv) take any action or omit to take any action that could reasonably be expected to cause any such telephone number to be suspended, disconnected, blacklisted, or subject to regulatory complaint or investigation; and/or (xv) use the Service or any portion thereof in any unlawful manner or in breach of this Agreement.

Automated Usage & Cost Safeguards.

The Service uses automated safeguards that monitor the operational cost your use of the Service generates. If that cost becomes anomalous or excessive — including where it exceeds a protective daily cost threshold set by Mentiora, whether through misuse, error, compromise of your credentials, or a malfunctioning integration — Mentiora may automatically suspend or restrict your access to the Service, in whole or in part and without prior notice, to contain the cost and protect the availability and integrity of the Service for all customers. A suspension under this Section is a protective measure and not, by itself, a termination of this Agreement: Mentiora will notify you of the suspension and will restore access following a review once the underlying cause has been identified and, where necessary, resolved. This Section is in addition to, and without prejudice to, Mentiora’s other suspension and termination rights under this Agreement, including under the Sections titled “Restriction on Use” and “Term and Termination”.

Account.

In order to use certain features of the Service or any portion thereof, you may be required to create an account (“Account”). You must not allow anyone other than your Authorized Users to access and use the Service through your Account, and only to the extent permitted under the applicable Package. You are responsible for all acts and omissions of your Authorized Users in connection with the Service. You acknowledge and agree: (i) to comply with any applicable device, installation, usage or account limits notified by Mentiora; (ii) to provide accurate and complete Account and login information; (iii) to keep all Account login details and passwords secure at all times; (iv) to remain solely responsible and liable for the activity that occurs in connection with the Account; (v) that login details are personal to the applicable Authorized User and may not be shared with any other person unless expressly permitted by Mentiora; and (vi) to promptly notify Mentiora in writing if you become aware of any unauthorized access to or use of the Account or the Service or any portion thereof. You may cancel the Account at any time by sending a cancellation request to [email protected] provided that cancellation of the Account shall not by itself entitle you to any refund except as expressly set out in this Agreement or required by applicable law.

Free Trial Period.

Mentiora may offer free trial access, promotional credits, free usage periods, or other promotional access models for the Service or any portion thereof, in each case as determined by Mentiora from time to time. You acknowledge and agree that this Agreement is applicable and binding upon you during any such free or promotional access period and that Mentiora: (a) does not make any commitments in connection with the Service or any portion thereof during such period, and any of the representations, warranties or other obligations of Mentiora hereunder shall not apply; and (b) may send you, subject to your opting out, communications and other notices about the Service to your email address. Mentiora reserves the right to modify, cancel and/or limit any such free or promotional offer at any time. In any event, any paid access following a free or promotional period shall be subject to the applicable Package terms or other applicable pricing terms.

Fee.

The fees, if any, payable by you in consideration for the right to access and use the Service are described in the applicable Package terms.

Ownership

Title and full exclusive ownership rights in and to the Service (and all parts thereof, including any related documentation), including all content and materials made available through the Service, such as text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, educational materials, and other informational or instructional content, as well as the Marks, and all reproductions, corrections, modifications, enhancements, improvements, updates and upgrades thereof, and all related patent rights, copyrights, trade secrets, trademarks, service marks and related goodwill, including data related to your usage thereof, and Mentiora’s intellectual property, and any rights therein not explicitly granted to you hereunder, are reserved to and shall remain solely and exclusively proprietary to Mentiora (or its third party licensors). To the extent the Service generates or provides call summaries, messages, booking records, analyses, insights, recommendations, reports, responses or other outputs specifically for you based on Customer Content or calls handled for you (collectively, “Outputs”), as between you and Mentiora and to the extent permitted by applicable law, you own all right, title and interest in and to those Outputs. To the extent any such rights vest in Mentiora, Mentiora hereby assigns those rights to you. Mentiora retains all right, title and interest in and to the Service and all underlying or generally applicable software, models, algorithms, templates, prompts, tools, methods, know-how, technology and materials, including anything used to generate or incorporated into the Outputs (“Mentiora Materials”). To the extent any Mentiora Materials are incorporated into an Output, Mentiora grants you a perpetual, worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, reproduce, modify, distribute and otherwise exploit those Mentiora Materials solely as incorporated into that Output. You retain all right, title and interest in and to the content, data, materials, call transcripts, recordings, messages and other information submitted, uploaded, transmitted or otherwise made available by you or on your behalf to the Service (“Customer Content”). You hereby grant Mentiora a worldwide, non-exclusive, royalty-free right and license to host, use, reproduce, process, modify, transmit and otherwise use Customer Content as necessary to provide, operate, support, secure, monitor, troubleshoot, debug and improve the Service and related offerings. Without limiting the foregoing, Mentiora may review call transcripts and related metadata for support, quality assurance, safety, troubleshooting and service improvement. In addition, you agree that Mentiora may use aggregated and de-identified data derived from Customer Content (e.g., the transcript-derived statistics), provided that Mentiora has removed or de-identified personal data and other information that identifies an individual or the Customer, for analytics, service improvement, and related development purposes. Except as expressly provided herein, nothing herein shall be deemed as granting either Party any rights and/or licenses in and/or to the other Party’s intellectual property rights.

During the Term, it is anticipated that you will provide suggestions, comments or other feedback to Mentiora regarding its Service, technology and business, including but not limited to, new features, functionality, techniques or business methods (“Feedback”). You may also advise Mentiora with regards to the definition of an ideal set of features for the Service, which will be valuable for you, by describing the most important needs, problems and common practices, and all of the foregoing shall also be considered as Feedback. Feedback will not create any confidentiality obligation for Mentiora and shall be deemed the sole property of, and the Confidential Information of, Mentiora. Without derogating from the above, Mentiora will be free to adopt such Feedback for any of its Service technology and business, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. Mentiora, at its discretion, may invest resources in incorporating such Feedback within the Service, and may submit such functionalities for your use and additional Feedback. Mentiora will make commercially reasonable efforts to address your needs but will ultimately decide (in its sole discretion) which Feedback to integrate and which not. You hereby waive any right to the Feedback, including but limited to, any right for royalties or any other consideration. Furthermore, you hereby undertake not to disclose to Mentiora any confidential information or proprietary information of any third party.

Confidentiality

You agree that all information disclosed to you by Mentiora or which is learnt by you by virtue of receiving the Services, whether in oral form, visual form or in writing, including but not limited to, all protocols, specifications, formulas, prototypes and any and all records, data, ideas, methods, techniques, processes and projections, plans, marketing information, business plans, projects, pricing, customers and customer information, materials, financial statements, memoranda, analyses, notes, legal documents, and other data and information (in whatever form), as well as test results, processes, know-how, improvements, inventions, techniques, patents (whether pending or duly registered) and any know-how related thereto, relating to Mentiora, Mentiora’s intellectual property, third party confidential information, and the terms and conditions of this Agreement, will be considered and referred to collectively as “Confidential Information”.

You agree that neither you nor anyone on your behalf shall use Confidential Information for your own, or any third party’s benefit. You shall keep in confidence and trust all Confidential Information and shall not, directly or indirectly, disclose, publish or disseminate Confidential Information to any third party.

Without derogating from the generality of the foregoing, you agree as follows:

Not to copy, transmit, reproduce, summarize, quote, publish and/or make any commercial or other use whatsoever of the Confidential Information, or any part thereof.

To exercise a high degree of care in safeguarding any Confidential Information that may be furnished to you against loss, theft or other inadvertent disclosure and/or dissemination and to take all steps necessary to prevent any unauthorized use, disclosure, publication or dissemination of Confidential Information.

That all Confidential Information, and any derivatives thereof, is and shall remain the property of Mentiora, and no license or other rights to Confidential Information is granted or implied hereby to have been granted to you, now or in the future.

Upon termination of this Agreement and/or as otherwise requested by Mentiora, you shall promptly deliver to Mentiora all Confidential Information and any and all copies thereof, in whatever form, that had been furnished to you, prepared by you and/or came to your possession in any manner whatsoever, during and in the course of your performance of this Agreement, and shall not retain and/or make copies thereof in whatever form.

Third Party Sources, Third Party Content and Messages

The Service may enable you to view, access, link to and use content from Third Party Sources (as defined below) that are not owned or controlled by Mentiora (“Third Party Content”). The Service may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites, applications, platforms and services; and (ii) Mentiora’s partners and customers.

Mentiora is not affiliated with, and has no control over, any Third Party Sources, including any third party telecommunications carrier, telephony platform, or telephone number provider used in connection with the Service. Mentiora does not assume any responsibility for the content, terms of use, privacy policies, actions, practices, availability, or performance of any Third Party Sources. You should read the applicable terms of use and privacy policy of any Third Party Source with which you interact before engaging in any such activity.

Mentiora is not responsible for, and expressly disclaims all warranties regarding, the accuracy, appropriateness, usefulness, safety or intellectual property rights of, or relating to, any Third Party Content.

Mentiora does not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or that are communicated to you by or from any Third Party Source.

By using the Service, you may be exposed to Third Party Content that is inaccurate, offensive, indecent or otherwise objectionable. You may choose whether or not to interact with any Third Party Source or to view or use any Third Party Content. Your interaction with any Third Party Source, and your use of and reliance upon any Third Party Content, are at your sole discretion and risk.

You are solely responsible and liable for your interaction with any Third Party Source. To the fullest extent permitted by applicable law, you agree to waive, and hereby waive, any legal or equitable rights or remedies you may have against Mentiora, and release Mentiora from any and all liability, arising from your use of, or interaction with, any Third Party Content and from your interaction with any Third Party Source. If you have any question, claim or complaint regarding any Third Party Source or any Third Party Content, you agree to contact the relevant Third Party Source directly.

The Service may permit you to communicate and interact, including by sending messages, through the Service with your customers, prospective customers, contacts, Third Party Sources, and other persons designated by you, in each case in a manner similar to administrative or secretary-type communications (“Messages”). You are solely responsible for your Messages and the consequences of sending them, and you agree to hold harmless, and expressly release, Mentiora from any and all liability arising from your Messages. You grant Mentiora a worldwide, non-exclusive, royalty-free license to use, store, reproduce, process and transmit your Messages solely for the limited purpose of facilitating such communications through the Service, including through the use of tools, software or services of third party service providers. You represent and warrant that you own or have all necessary rights and permissions to use all intellectual property rights in and to your Messages and to grant the foregoing license to Mentiora.

The Service utilizes artificial intelligence, machine learning and other tools, models, providers and features, including third party artificial intelligence, language, and speech services (collectively, “AI Features”), as part of the Service. These AI Features may involve data processing, analysis, automation, monitoring, recommendations, diagnostics, optimization, classification, prioritization, alerts, call handling, transcription, summarization, routing, booking, customer onboarding, information scraping, and related functionality intended to enhance the functionality and effectiveness of the Service. You acknowledge that the AI Features and their outputs may be inaccurate, incomplete, outdated, inconsistent or otherwise unsuitable, including as a result of model limitations, speech recognition errors, or other inaccuracies, and are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. You are solely responsible for evaluating and determining, including through appropriate human review and ongoing supervision, whether any AI enabled functionality or result is suitable for your use, and You remain solely responsible for all decisions, actions, omissions and consequences arising from or related to your use of the AI Features. When using the agentic Services, You are solely responsible for the actions and tasks performed by the Service, such as determining whether the Service is appropriate for your use case, authorizing the Service's access and connection to data, applications, and systems, providing accurate and complete background information, instructions, content and rules for the Service, and exercising judgment and supervision when and if the Service is used by You. You acknowledge that inaccurate, incomplete or misleading background information, instructions, content or rules may result in inaccurate or inappropriate outputs or conversations. Mentiora provides a mandatory, built-in disclosure in every call greeting informing the Caller that the Caller is interacting with an AI Feature. This disclosure cannot be disabled, and You must not remove, obscure, bypass or circumvent it. If You customize a greeting, the customized greeting must continue to clearly disclose the use of AI Features and satisfy Mentiora’s applicable validation and configuration requirements. Mentiora’s built in AI disclosure does not replace any additional notices or consents required for your particular use of the Service. You remain responsible for providing such additional notices and obtaining such additional consents, including privacy notices to Callers, call recording consent where recording is enabled, and any applicable sector specific notices or consents. By using the AI Features, You agree to comply with all applicable laws and regulations, including without limitation, privacy, data protection, telecommunications, consumer protection, marketing, call recording (where enabled), call transcription and generation of call summaries, and AI laws, and You represent and warrant that You have all necessary rights, permissions, authorizations, notices and consents required for Mentiora and the Service to collect, access, receive, process, use, store, disclose, transmit and otherwise process the data, including the Customer Content in connection with the AI Features. You will defend, indemnify and hold harmless Mentiora, its affiliates, and their respective officers, directors, employees and agents from and against any third party claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the AI Features in violation of this Agreement or applicable law, your failure to provide any required notices or obtain any required consents, or any Customer Content, instructions, configurations or rules provided by You.

Representations; Warranty Disclaimer

MENTIORA REPRESENTS AND WARRANTS TO YOU THAT: (A) IT HAS THE RIGHT TO GRANT YOU TEMPORARY USE OF THE SERVICES AS PROVIDED IN THIS AGREEMENT; AND (B) TO ITS KNOWLEDGE, AT THE TIME OF DELIVERY THE SERVICE DOES NOT CONTAIN ANY COMPUTER CODE WHICH COULD DISRUPT, DISABLE, HARM, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SOFTWARE, FIRMWARE, HARDWARE, COMPUTER SYSTEM OR NETWORK OF YOU. EXCEPT FOR THE FOREGOING, MENTIORA MAKES NO OTHER WARRANTY AND THE SERVICES ARE PROVIDED SOLELY ON AN “AS-IS” BASIS.

THE FOREGOING WARRANTY IS NON-TRANSFERABLE AND IS PROVIDED IN LIEU OF, AND MENTIORA AND ITS LICENSORS DISCLAIM, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR INTENDED OR PARTICULAR PURPOSE. MENTIORA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

MENTIORA DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT, INFORMATION, OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, MENTIORA IS NOT A FINANCIAL ADVISOR, INVESTMENT ADVISOR, BROKER, ACCOUNTANT, TAX ADVISOR, ATTORNEY, PSYCHOLOGIST, THERAPIST, COUNSELOR OR OTHER LICENSED PROFESSIONAL, AND THE SERVICE DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX, ACCOUNTING, MENTAL HEALTH, MEDICAL OR OTHER PROFESSIONAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS. ANY CONTENT, INFORMATION, INSIGHTS, TOOLS, OUTPUTS, EDUCATIONAL MATERIALS OR SUGGESTIONS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, DO NOT CONSTITUTE PROFESSIONAL ADVICE, AND ARE NOT A SUBSTITUTE FOR CONSULTING A QUALIFIED PROFESSIONAL WHO IS FAMILIAR WITH YOUR SPECIFIC CIRCUMSTANCES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING ANY SUCH CONTENT OR INFORMATION AND FOR ANY DECISIONS OR ACTIONS YOU TAKE IN RELIANCE ON THE SERVICE. YOUR USE OF AND RELIANCE UPON THE SERVICE CONTENT, ANY OUTPUT AND ITS DATA IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND MENTIORA SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING. YOU AGREE THAT MENTIORA WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS, INCLUDING WITHOUT LIMITATION, IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU ACKNOWLEDGE THAT THE SERVICE MAY INCLUDE FEATURES THAT ARE IN A “BETA” OR OTHER PRE-RELEASE STAGE OF DEVELOPMENT, AND THEREFORE, NOT ALL FEATURES MAY BE FULLY IMPLEMENTED OR REFINED. THERE MAY BE UNRESOLVED BUGS, INTERRUPTIONS AND OTHER FAILURES AND ERRORS IN THE PERFORMANCE AND OPERATION OF THE SERVICE AND MENTIORA MAY NOT OFFER TECHNICAL SUPPORT FOR THESE ISSUES.

Limitation of Liability.

NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, MENTIORA WILL HAVE NO LIABILITY TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST BUSINESS PROFITS OR ANY LOSS, DAMAGE OR DESTRUCTION OF DATA ARISING IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE. THIS EXCLUSION SHALL APPLY EVEN IF MENTIORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MENTIORA’S LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT DAMAGES. IN ANY EVENT, MENTIORA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO MENTIORA UNDER THE APPLICABLE PACKAGE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE RELEVANT CLAIM. NOTHING IN THIS PROVISION SHALL EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE SWISS LAW OR, WHERE APPLICABLE, MANDATORY EU CONSUMER PROTECTION LAW. THIS INCLUDES, WITHOUT LIMITATION, LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION.Relationship of Parties. Mentiora and you are independent contractors. Neither Party may create any obligations on or bind the other to any contract, agreement or undertaking with any third party. Nothing in this Agreement will be construed to create a partnership, joint venture, employment, or agency relationship between the Parties. Neither Party shall be deemed as an employee, agent or common law employee of the other Party for any reason and/or purpose.

No Conflicts.

Each Party represents that its compliance with the terms of this Agreement and performance of its duties hereunder will not violate any duty which such Party may have to any other person or entity, and each Party agrees that it will not do anything in the performance of its duties hereunder that would violate any such duty.

Term and Termination.

This Agreement shall remain in effect during the Term, as indicated under the applicable Package terms. We reserve the right, at any time, to: (i) discontinue or modify the Service or any aspect or portion thereof; and/or (ii) terminate this Agreement and your use of the Service or any portion thereof with or without cause and, except as expressly provided in this Agreement, shall not be liable to you or any third party for any of the foregoing. If Mentiora terminates this Agreement without cause, Mentiora will refund any prepaid fees allocable, on a pro rata basis, to the period following the effective date of termination. Either Party may terminate this Agreement at any time if the other Party is in material breach of any provision of this Agreement and such breach continues uncured for a period of 30 days after receipt of written notice from the non-breaching Party. In addition, you may cancel renewal of your Package at any time through any cancellation functionality made available in your Account or by emailing [email protected]. The cancellation will take effect at the end of the then-current billing period, and you may continue to use the Service until that time. For the avoidance of doubt, unless expressly stated otherwise in the terms of the applicable Package, cancellation or termination by you for convenience will not entitle you to any refund or credit in respect of the then-current billing period, except to the extent required by applicable law. At the expiration of the Term, you shall no longer be entitled to receive the Service or any portion thereof from Mentiora and the warranties under this Agreement shall expire. Any provision of this Agreement that by its nature should survive termination or expiration of this Agreement, including any provision relating to intellectual property, confidentiality, disclaimers, limitations of liability, accrued payment obligations and dispute resolution, will survive termination or expiration of this Agreement and continue in full force and effect for the period set forth therein or, if no period is set forth therein, indefinitely.

General.

This Agreement, including any exhibits and schedules hereto, constitutes the entire agreement of the Parties and supersedes all oral negotiations and prior writings with respect to its subject matter. You may not assign, transfer, delegate or otherwise convey this Agreement or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may assign, transfer, delegate and/or otherwise convey this Agreement, in whole or in part, at our sole discretion. We reserve the right to modify this Agreement at any time by sending you a notification and/or publishing the revised Agreement on the Service. Such change will be effective 10 days following the foregoing notification, and your continued use of the Service thereafter means that you accept those changes. This Agreement shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict-of-law rules. Subject to any mandatory forum that cannot lawfully be waived, the competent courts of the City of Zurich, Canton of Zurich, Switzerland shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.

Last updated: 28 August 2026