MentalKit Platform Terms and Conditions

These Terms and Conditions ("Terms") are a legally binding agreement between you ("you") and Serotana LLC ("MentalKit," "we," "us," "our") governing your access to and use of the MentalKit mobile application and related services (collectively, the "Services").

Contact

• Support: support@mentalkit.app
• Privacy: privacy@mentalkit.app

By creating an account, accessing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1 — Our Disclosures

1. Not medical care. MentalKit provides tools for self-reflection and journaling. The Services are not medical or mental health treatment, do not provide clinical diagnosis, and are not a substitute for professional care.
2. Emergency situations. Do not use the Services for emergency needs. If you are in immediate danger or need urgent help, contact emergency services or a qualified professional.
3. Changes. We may update these Terms from time to time. The “Last Updated” date reflects the most recent revision. Continued use after an update means you accept the updated Terms.
4. Eligibility. You must be at least 18 years old (or the age of majority where you live, if higher) to use the Services.

2 — Our Services

1. What we provide. The Services provide structured journaling and conversation-style tools to help you capture and review your thoughts.
2. Support. We may provide troubleshooting and general product support. We do not provide therapy, counseling, or crisis services.
3. Third-party platforms. The Services may be accessed through third-party platforms (e.g., app stores). Your use of those platforms is governed by their separate terms.
4. No guarantee of outcomes. Your results depend on many factors outside our control. We do not guarantee any particular outcome from using the Services.

3 — Accounts

1. Account creation. You may need to create an account to access certain features.
2. Accurate information. You agree to provide accurate information and keep it up to date.
3. Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
4. Suspension. We may suspend access where we reasonably believe there has been misuse, unauthorized access, or a violation of these Terms.

4 — Subscriptions, Fees, and Trials

1. Paid features. Some features may require payment ("Subscription").
2. Pricing and billing. Subscription pricing and billing frequency are presented at purchase and may vary by platform (web, iOS, Android).
3. Trials. If a free trial or free usage allowance is offered, the terms of the offer will be presented at sign-up or purchase. At the end of a trial, you may be charged unless you cancel beforehand (where applicable).
4. Taxes. You are responsible for applicable taxes unless we are required to collect them.
5. Refunds. Except where required by law or by the relevant app store’s policies, payments are non-refundable once processed.

5 — App and Service License

1. License. While you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the app (if applicable) and access the Services for your personal, non-commercial use.
2. You must not:
   • use the Services for unlawful purposes or in violation of applicable laws;
   • attempt to gain unauthorized access to any systems or accounts;
   • interfere with or disrupt the Services or others’ use of them;
   • introduce malware or abuse the Services (e.g., automated scraping, load testing without permission);
   • reverse engineer, decompile, or attempt to derive source code except where prohibited by law;
   • use the Services to harass, threaten, defraud, impersonate, or exploit others;
   • use the Services to create or distribute content that is defamatory, hateful, or otherwise unlawful.
3. User content in private features. If you input content into private journaling features, you retain ownership of that content, subject to the limited rights you grant us in Section 7 to operate the Services.

6 — Availability, Disruption, and Downtime

1. No uptime promise. We try to keep the Services available, but we do not guarantee uninterrupted availability.
2. Maintenance. The Services may be unavailable due to maintenance, updates, or unexpected issues.
3. Third-party dependencies. The Services may rely on third-party services (e.g., hosting, payment processors). We are not responsible for outages caused by third parties to the extent permitted by law.

7 — Intellectual Property and Data

Our Intellectual Property

1. Ownership. We own (or license) all rights in the Services, including software, design, and related content, except for your content.
2. Feedback. If you provide feedback or suggestions, you grant us the right to use them without restriction or compensation.

Your Data

1. Your data. We do not claim ownership over your content. However, to provide the Services, you grant us the right to host, process, store, back up, and transmit your content and account data as needed to operate and improve the Services.
2. Security and transmission. You understand that transmission over the internet is not always fully secure. We use commercially reasonable measures, but cannot guarantee absolute security.
3. Backups. You are responsible for maintaining your own copies of content you want to preserve.
4. Aggregated/anonymized data. We may generate aggregated or anonymized metrics from usage and service performance data to improve the Services, provided such data is not intended to identify you.

8 — Confidential Information and Personal Information

1. Confidentiality. If either party receives non-public information from the other that is identified as confidential or should reasonably be understood as confidential, it must be protected using reasonable care and used only for purposes of providing or using the Services.
2. Required disclosures. Confidential information may be disclosed if required by law, court order, or a regulator.
3. Privacy Policy. Our collection and processing of personal information is described in our Privacy Policy, which forms part of these Terms by reference.

9 — Consumer Rights

1. Your legal rights. Some jurisdictions provide non-excludable guarantees, warranties, or consumer rights. These Terms do not exclude rights that cannot be excluded under applicable law.

10 — Liability

1. No consequential damages. To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or loss of data.
2. Cap. To the maximum extent permitted by law, our total liability for claims arising out of or related to the Services is limited to the greater of (a) the amount you paid to us for the Services in the 12 months before the event giving rise to the claim, or (b) USD $50.
3. Third-party services. We are not responsible for third-party services, content, or outages beyond our reasonable control, to the extent permitted by law.

11 — Termination

1. By you. You may stop using the Services at any time. You may request account deletion where available.
2. By us. We may suspend or terminate your access if you breach these Terms, misuse the Services, or if required for security, legal, or operational reasons.
3. Effect of termination. Upon termination, your right to access the Services ends. We may retain certain information as required by law or legitimate business purposes (e.g., fraud prevention, security, billing records).

12 — General

1. Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of assets.
2. Governing law. These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.
3. Disputes. Before filing a claim, you agree to contact us and attempt to resolve the dispute informally.
4. Severability. If any provision is found unenforceable, the rest remains in effect.
5. No waiver. Failure to enforce a provision is not a waiver.
6. Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the Services.
7. Notices. Notices to us should be sent to support@mentalkit.app. We may send notices to you via the email address associated with your account.

13 — Definitions

• Account: an account registered to access the Services.
• Privacy Policy: our privacy policy available on the MentalKit website.
• Services: the MentalKit app and related services we make available.
• Subscription: paid access to features presented at purchase.
• Your content / Your data: information you submit to the Services (e.g., journal entries), plus account- level data necessary to provide the Services.