Terms&Conditions - Calmerry

IMMEDIATELY CALL 911 IF YOU ARE HAVING A MEDICAL EMERGENCY OR SUICIDAL OR HOMICIDAL THOUGHTS

THIS IS A LEGAL DOCUMENT. TO USE OUR PRODUCTS OR SERVICES, YOU MUST AGREE TO BE BOUND BY THIS DOCUMENT.

THE MENTAL FUEL PLATFORM DOES NOT PROVIDE OR RENDER PROFESSIONAL THERAPY SERVICES.

ALL FEES YOU PAY TO MENTAL FUEL ARE SOLELY BASED ON THE FAIR MARKET VALUE OF THE SERVICES THAT MENTAL FUEL PROVIDES TO YOU, INCLUDING MENTAL FUEL’S PROPRIETARY TECHNOLOGY, PLATFORM OFFERINGS, AND SUPPORT.

SECTION 16 IN PARTICULAR LIMIT OUR LIABILITY. PLEASE READ IT CAREFULLY.

Client Participation Terms and Conditions of Use

Last Updated and Effective: February 1st, 2024

Welcome to Mental Fuel Inc.! We are excited to offer you (also referred to as “Client(s)”) access to our digital Platform. Please read these Client Participation Terms and Conditions of Use (the “Agreement” and “Client Participation Terms and Conditions”) carefully, as it sets forth the terms and conditions of your contract with Mental Fuel Inc., a Delaware corporation, d/b/a Calmerry (“Mental Fuel”).

Please note that the Mental Fuel website is what can be viewed and accessed publicly, without having any formal relationship with Mental Fuel Inc. (“Website”). The Platform is the mechanism on which Clients will connect and receive mental health services from appropriately licensed Therapists and/or coaching from certified coaches (“Platform”).

The Mental Fuel Website offers a digital Platform that aims to connect individuals seeking mental health services to licensed Therapists who offer those services through the Mental Fuel Platform (“Professional Therapy Services”). Through the Mental Fuel Website, individuals seeking coaching can connect with certified coaches who deliver these services via the Mental Fuel Platform (“Coaching”). Neither the Mental Fuel Website nor the Platform directly provide or render Professional Therapy and/or Coaching Services.

Individuals who choose to receive Professional Therapy and/or Coaching Services from a Therapist/Coach through the Platform are referred to as clients (“Clients”). The Therapist/Coach is bound to the Therapist Participation Terms and Conditions. Clients are bound to these Client Participation Terms and Conditions. Both Therapists/Coaches and Clients are referred herein as subscribers (“Subscriber”).

This Agreement is a legal document. The terms and conditions discussed here apply to the Mental Fuel Platform (“Platform”). The Platform connects the Client with a Therapist and facilitates providing mental health services and support over the internet (“Online Therapy”) between the Therapist and the Client. Once connected with a Therapist, you will be offered Professional Therapy Services. Clients must pay a fee for the use of the Platform (“Use Fee”). Clients also pay a fee for the Therapist’s Professional Therapy Services (“Professional Fee”) through the Platform. This Agreement incorporates the Use Fees for Clients as well as Professional Fees for Therapists/Coaches.

Registration provides you with the ability and opportunity to connect with Therapists/Coaches through Mental Fuel Platform to receive Online Therapy and/or Coaching. When you register with the Platform as a Client, you acknowledge and are bound to the terms and conditions of this Agreement. You also acknowledge that you understand and agree to the terms of this Client Participation Terms and Conditions of Use Agreement as well as Privacy Policy.

ACCEPTANCE AND AGREEMENT TO BE BOUND

This Agreement forms a legally binding contract between you and Mental Fuel for your access to, Registration, and use of the Platform Service (defined below). You represent and warrant that you have the right and authority to bind yourself to this Agreement. You also represent and warrant that you are at least 18 years of age. You further represent and warrant that you agree that all information you submit to Mental Fuel is true and accurate.
By using the Mental Fuel Platform, you agree to allow Mental Fuel to collect, use, and disclose your information under the terms explained in our Privacy Policy. Mental Fuel may change these Client Participation Terms and Conditions without advance notice, and your continued use of the Platform signifies that you agree to be bound by any changes. We will provide you with any changes to this Agreement. The most relevant and up to date versions of Agreement and Privacy Policy are always available to you inside the legal section of your account with the Platform.
This Agreement governs your access to and use of the Mental Fuel Platform. By accessing or using the Mental Fuel Platform, you agree to be bound by this Agreement and the Privacy Policy. You may use the Mental Fuel Platform only if you can form a binding contract with us and only in compliance with these Client Participation Terms and Conditions, as well as all applicable local, state, national, and international laws, rules, and regulations.

THE MENTAL FUEL PLATFORM AND WEBSITE ARE NOT INTENDED FOR CHILDREN

The Website, the Platform, and Registration are not intended or designed to attract children under the age of 18. Mental Fuel does not collect personally identifiable information from any person known by Mental Fuel to be a child under the age of 18. Should we inadvertently come to possess personally identifiable information about a child under the age of 18, Mental Fuel will not knowingly disclose contact information relating to a child under the age of 18 to any third-party.

THE MENTAL FUEL PLATFORM AND PROFESSIONAL THERAPY SERVICES

Mental Fuel offers a Platform that aims to connect Clients seeking Professional Therapy Services to Therapists offering those services (“Platform Service”). Professional Therapy Services means therapy services offered by an individual licensed as a: licensed psychologist, licensed professional counselor, licensed clinical professional counselor, licensed mental health counselor, licensed clinical social worker, licensed marriage and family therapists, licensed clinical alcohol and drug abuse counselor, and any other licensure recognized by any state, jurisdiction, or territory within the United States.
Once a Client is connected with a Therapist, which the Platform will facilitate, the appropriately licensed Therapist may offer the Client Professional Therapy Services.
The Mental Fuel Platform does not provide or render Professional Therapy Services. The Platform Service that Mental Fuel provides is a digital platform to connect individuals seeking Professional Therapy Services with Therapists who offer such Professional Therapy Services. Mental Fuel is a conduit between Clients and Therapists but does not engage in rendering Professional Therapy Services.
All Therapists featured on the Mental Fuel Platform are registered with the Mental Fuel. Each Therapist has independently chosen to be listed on the Platform and is a licensee of Mental Fuel’s property. The Therapists are independently licensed, and any issue, warranty, or claim by a Client must be directly addressed to the respective Therapist.

THERAPIST INDEPENDENCE AND RESPONSIBILITIES

Mental Fuel wants to ensure that Clients are aware that Therapists offer their professional advice independently of Mental Fuel. To help you better understand the relationship between you, the Client, and a Therapist, the Therapist’s responsibilities and duties are described below.
The advice of any Therapist listed on the Mental Fuel Platform is independently and exclusively the advice of the Therapist. Any information or opinion expressed by any Therapist listed on the Mental Fuel Platform is independently and exclusively the information or opinion of the Therapist. Mental Fuel does not endorse any advice, opinion, course of treatment, products, medications, devices, or additional medical or wellness information that a Therapist on the Mental Fuel Platform may give or recommend. Mental Fuel does not provide any medical advice or information.
Therapists are solely responsible for providing Professional Therapy Services in a way that is compliant with all Federal, State, and local laws.
Therapists are solely responsible for maintaining the confidentiality of Protected Health Information (“PHI”) to the extent that the Health Insurance Portability Act (“HIPAA”) applies. Any further provisions in regards to PHI are governed by the separate Business Associate Agreement between Therapist and Mental Fuel.
Therapists are solely responsible for ensuring that Professional Therapy Services do not constitute the unlicensed practice of Professional Therapy Services in any jurisdiction in which a Therapist is not licensed and in good standing as a provider of Professional Therapy Services.
Therapists are solely responsible for determining whether the Client is an appropriate candidate for Online Therapy. Online Therapy has limitations that are unique to the nature of Online Therapy, and it is up to you to determine whether Online Therapy would be an appropriate modality for Professional Therapy Services for the Client.
If the Therapists provide Professional Therapy Services to minors under the age of 18, the Therapist is solely responsible for obtaining proper consent from the minor’s parents or legal guardian. Therapist is solely responsible for taking the proper measures to ensure that Professional Therapy Services are not provided to the minors under 18 using the Platform.
If you have any concerns about a Therapist, please contact us immediately by sending an email to team@calmerry.com. We will evaluate your issue on a case-by-case basis. At our sole discretion, we may take steps to resolve any issue, including but not limited to helping you find a new Therapist.

THE MENTAL FUEL PLATFORM DOES NOT PROVIDE MEDICAL ADVICE

The Platform maintains and provides content for informational and educational purposes only. This includes the entirety of the Platform and any information obtained from Mental Fuel licensors or third parties, and the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Platform Service. This information is collectively referred to as the Platform’s “Content.”
If you have concerns about any medical condition, diagnosis, or treatment, you should contact your physician or other licensed healthcare providers. If you experience a medical emergency (including suicidal or homicidal thoughts) during Online Therapy, the Therapist will immediately call 911 and support you in locating assistance.

CONDUCT, PROHIBITED COUNTRIES, AND THE US STATES

You expressly agree not to deceive, harass, stalk, harm, or exploit any other Subscribers; distribute spam; collect or record information about other Subscribers; or advertise or solicit others to purchase any product or service on the Platform or on any other Mental Fuel product. Mental Fuel reserves the right but does not have an obligation to monitor all conduct (but not your confidential Client sessions) on the Platform.
The Platform Service is not designed to be provided to any individuals who live in countries prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the US or any US state. It is solely your responsibility to determine if you may lawfully use the Platform in any particular country or jurisdiction. Mental Fuel makes no guarantees or assurances regarding any Subscriber’s authorization to use the Platform Service. It is solely your responsibility to determine if you satisfy this condition.

COACHING

We may match you with a coach through our Mental Fuel Platform if you are interested in coaching as an alternative or a complement to therapy. Coaching is a service that we offer through our Mental Fuel Platform, where you can connect with a qualified and experienced coach who can help you achieve your personal and professional goals. You can choose between therapy and coaching sessions depending on your needs and preferences. We do not advise or advocate any particular support option, but rather provide you with information and resources. We encourage you to consider the available support options thoroughly and make decision on your own.
Your coach will work with you to assess your situation and determine if coaching is appropriate for you. Mental Fuel Platform respects coaches` autonomy and does not interfere with their professional decisions. However, we have some guidelines on the role, nature, and limitations of coaching, that govern coaching and coaching practice with our Platform.
Coaching refers to a type of professional psychological support that helps individuals who are generally functioning well in their daily lives. Coaching is suitable for individuals who do not qualify for mental health treatment or are seeking support for the normative stressors in their lives. A coaching support or consultation can cover topics such as how to manage stress, improve work-life balance, clarify goals, and tackle personal and professional challenges, etc.
Coaching shall not be used if you are experiencing moderate or severe mental health issues. If there are any signs or symptoms of a mental health disorder or crisis, you should seek therapy. Coaches do not provide advice, diagnosis or treatment of mental health disorders. You should obtain professional help from licensed mental health practitioners. On the Mental Fuel Platform, we may also be able to help you find a suitable licensed therapist.
Coaching is not a replacement for therapy, but a complementary approach to helping clients achieve their goals and overcome obstacles. Coaching is not intended to treat mental disorders, manage severe emotional distress or trauma, or change dysfunctional patterns of thinking or behaviors. Coaching helps clients develop positive habits, skills, and mindsets that support their goals and well-being. A coach asks evocative questions and uses other dynamic techniques to encourage the client’s own solutions, actions and foster positive transformations. A coach facilitates the client’s self-discovery and self-directed change. Coaching is different from therapy in that it does not deal with the client’s past traumas or unresolved issues. Rather, it helps clients to overcome current obstacles and challenges and move forward. In contrast, therapists usually dig into the past of their clients in order to determine the reasons behind their mental health issues. The duration of coaching depends on the client’s needs and preferences, but it is usually short-term and action oriented. Coaching focuses on setting and achieving goals in the short term and tends to be action-oriented.

LICENSE GRANT AND PERMITTED USE

Unless otherwise expressly stated, Mental Fuel or its licensors owns all the Mental Fuel Platform and Content (as applicable). The United States, worldwide copyright laws, and treaty provisions protect the Mental Fuel Site, Platform and Content.
So long as you comply with this Agreement and subject to the Client Participation Terms and Conditions and Privacy Policy, Mental Fuel hereby grants you a limited, personal, non-exclusive, and non-transferable license to use the Mental Fuel Platform and Registration for as long as your Registration remains active (collectively referred to as “License Grant”).

ACCOUNT REGISTRATION AND SECURITY

Client Registration. To access the Platform and Content and to have a profile listed on the Platform, you must create an account (“Registration”). Completed and verified Registration further allows you to be matched with a particular Therapist/Coach through the Platform for Online Therapy and/or Coaching.
While completing the steps required for Registration, you agree to supply truthful and complete information and update it if it changes within the term your Registration remains active. By providing information about yourself, you warrant that you are over 18 years of age and that you are of legal age to form a binding contract. If you provide any untruthful or incomplete information, or if Mental Fuel reasonably suspects such, Mental Fuel may suspend or terminate your account and Registration and refuse your future use of the Content or the Platform Service.
You are solely responsible for your own account activity and agree to maintain your own secure password and not use anyone else’s password or login credentials. You further agree not to share or sell your password or login with anyone else.
Please immediately alert Mental Fuel to any unauthorized use of your account, password, username, email, or other breaches of security.

PLATFORM SERVICES AND FEES

Client Tiers. The Platform Service is set up in a series of offerings, based upon the Client’s desired level of Professional Therapist and/or Coaching Services (“Client Tiers”).
Platform Use Fees. Client pays a fee to utilize the Platform Services (“Use Fee”). The Use Fee is offered in different Client Tiers, each with its own level of access to the Platform Services and Online Therapy technology.
Professional Fee. The Client is also responsible for paying the Therapist/Coach a fee for the Professional Therapy and/or Coaching Services Therapist/Coach provides to the Client (“Professional Fee”). The Professional Fee is included into the Use Fee and is paid through the Platform. The Professional Fee is collected by Mental Fuel and paid to Therapist/Coach. All payments are solely based on the fair market value of the services that Mental Fuel provides, including Mental Fuel’s proprietary technology, Platform offerings, and support.
BILLING. BY PURCHASING PLATFORM SERVICES OFFERED BY MENTAL FUEL, YOU AGREE TO PAY THE USE FEE. THE USE FEE WILL AUTOMATICALLY BE CHARGED TO YOUR PREFERRED PAYMENT METHOD ON A WEEKLY OR MONTHLY BASIS DEPENDING ON YOUR PARTICULAR CLIENT TIER. YOU AGREE THAT YOUR CREDIT CARD WILL BE AUTOMATICALLY CHARGED THE USE FEE ALONG WITH APPLICABLE TAXES UNTIL YOU CANCEL OR TERMINATE YOUR PLATFORM SERVICE. IF YOUR PAYMENT METHOD FAILS AND YOU DO NOT PAY OR DO NOT PAY ON TIME, MENTAL FUEL MAY CANCEL OR SUSPEND YOUR ACCOUNT.
Taxes. The Use Fee is exclusive of value-added, goods and devices, sales, or other tax. You are solely responsible for such payment and compliance with such taxes.
Payment Methods. The payment can be made with a credit card through Stripe or another third-party vendor integrated into Mental Fuel (“Payment Processor”). Payment processing services for the Use Fees are provided by a Payment Processor and are subject to its Third-Party Terms of Service (“Payment Processor Terms of Service”). By agreeing to these terms or continuing to obtain use of the Platform Services and Professional Therapy and/or Coaching Services, you agree to be bound by the Payment Processor Terms of Service, as the same may be modified by the Payment Processor from time to time. As a condition of Mental Fuel enabling payment processing services through the Payment Processor, you agree to provide Mental Fuel accurate and complete information about you and your business, and you authorize Mental Fuel to collect and share transaction information related to your use of the payment processing services with the Payment Processor.
Authorization. By providing payment information to us, you grant the Payment Processor and Mental Fuel your consent and authorization for your credit card to be charged for the Use Fee for your continuous use of the Platform Service. All overdraft, chargebacks, and bank fees are your sole responsibility. You agree to maintain your payment information up-to-date within the Platform.
Notice of Use Fee Increase. Mental Fuel will provide you with 30 days’ notice of a Use Fee increase prior to you being billed. By continuing to use the Platform Service, you agree to be charged the increased Use Fee.
Cancellation. You can cancel Platform Service provided to you at any time by notifying Mental Fuel. After your cancellation notice, you will still maintain your access to your account with the Platform but without the possibility to receive Professional Therapy and/or Coaching Services. However, you can renew your Online Therapy and/or Coaching with the Platform anytime by selecting the Client Tier of your choice. Please note that the Use Fee will automatically be charged to your preferred payment method as per the terms of the particular Client Tier you’ve selected.
Refunds. Mental Fuel generally offers refunds in very limited circumstances. However, there are instances, when a full refund can be issued:

In the event if you cancel your subscription within 7 (seven) days of making a payment, and you have not used any of the services provided via the Mental Fuel Platform, you may apply for a refund not later than 30 (thirty) days after making a payment;
In the case of a duplicate charge, when you have been billed twice for the same transaction.

Other refund requests will be reviewed and evaluated by Mental Fuel on a case-by-case basis to resolve any issue you may have. Please note that although you can cancel your subscription at any time, we do not offer refunds for partially used subscription periods. To prevent automatic renewal and any associated charges, ensure that you cancel your subscription prior to the beginning of the next billing period.

All the Platform Services must be consummated before the end of the billing period. In the event that you do not use all the Platform Services included in your subscription, such as text messages and video sessions, etc, they will be removed from your account balance at the end of the billing period. The unused portions of Platform Services cannot be accumulated or transferred from one billing period to another.

Changes. Mental Fuel may change, modify, add, remove, suspend, cancel, or discontinue any of its Client Tiers, including the Use Fee or its components, functionality, content, and availability of any Platform Service features in the sole discretion of Mental Fuel consistent with this Client Participation Terms and Conditions of Use. You will be notified of any changes.
Termination. Mental Fuel, at its sole discretion, may terminate your use of the Platform Service or Platform at any time and for any reason without notice for any conduct which violates this Agreement. You agree that if your use of the Platform Services is terminated under this Agreement, you will not attempt to use the Platform or Platform Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will, to the fullest extent permitted by law, indemnify and hold Mental Fuel harmless from any liability that Mental Fuel may incur, therefore.

ACCEPTABLE USE

You acknowledge and agree that Mental Fuel (I) is the exclusive owner (or has the rights of an owner) of all worldwide right to, title to, and interest in the Mental Fuel Platform, regardless of the format in which it is expressed; and (II) shall be the exclusive owner of all worldwide right to, title to, and interest in any modifications, customization, variations, or adaptations of the Mental Fuel Platform based on or substantially similar to the Mental Fuel Platform.
You shall use reasonable means to ensure, through proper instructions and enforcement actions, that access to and use of the Mental Fuel Platform by you will be under the terms of this Agreement and will be made and used solely for proper and legal purposes, and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party.
Use of the Mental Fuel Platform is subject to all terms and conditions of this Agreement, including Mental Fuel’s acceptable use policies. You shall not (I) use, permit the use of, or permit access to the Mental Fuel Platform except in accordance with the terms of this Agreement; (II) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any source code of the Mental Fuel Platform; (III) engage in, permit or suffer to continue any unauthorized copying of the Mental Fuel Platform; (IV) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, encumber, disclose to any unauthorized third party, or otherwise allow any unauthorized third party to view, the Mental Fuel Platform, or make any attempt to do so; (V) alter, remove, obscure or hinder delivery of any copyright, disclaimer, or proprietary or intellectual property rights notices appearing in the Mental Fuel Platform; (VI) take any action compromising, or that has the possibility of compromising, the enjoyment and use the Mental Fuel Platform by any other customer; or (VII) take any action compromising, or that has the potential of compromising, Mental Fuel’s rights in the Mental Fuel Platform.

SECURITY AND PRIVACY

Mental Fuel utilizes strong encryption and Secure Sockets Layer (SSL) encryption protocol for all the transactions within the Platform, including server connections, connections between Subscribers and financial transactions within the Platform.
The Mental Fuel Platform incorporates a mechanism for verifying your identity by asking for formal identification information such as date of birth, driver’s license, or other satisfactory evidence. For participation on the Platform, you must offer, at minimum, your full first and last name, home address, email, and a phone number to confirm your identity.
We have implemented commercially reasonable measures to protect sensitive information stored in the Mental Fuel database. However, our Platform Service is based on several factors that exist outside of the Mental Fuel Platform. As such, Mental Fuel cannot guarantee service will be uninterrupted, timely, or secure.
Mental Fuel works to comply with all applicable laws that concern the privacy of online communications. By using the Mental Fuel Platform, however, you acknowledge that the internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.
As a matter of prudence, you are urged to assume that all internet communications are not secure. To learn more about how Mental Fuel maintains its Website visitors’ privacy and security, please read the Privacy Policy.

CONSENT TO ELECTRONIC COMMUNICATIONS AND INFORMATION YOU PROVIDE

By providing Mental Fuel with your email address, you consent to receive unencrypted and unsecured email communication. You agree that any notices, agreements, disclosures, or other communications that Mental Fuel provides to you by email satisfy any legal communication requirements.
Mental Fuel has the right, but not the duty, to monitor your use of the Mental Fuel Platform, besides your Online Therapy and/or Coaching sessions. Any information you send to Mental Fuel by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative communication mode and do not transmit any sensitive or confidential information to us via email.
The Mental Fuel Platform provides you the option to communicate with Mental Fuel through email. This option is provided solely for your convenience, and it may not be secure. By using it, you agree that Mental Fuel is not responsible for the privacy of any email messages. Mental Fuel does not warrant the confidentiality or security of any email transmission.
You are responsible for all information you send through the Mental Fuel Platform. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Mental Fuel may edit, delete, modify, ban such information, and take necessary legal action.

SUBMISSIONS OF INFORMATION

Do not send Mental Fuel any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the Website or Platform. If you violate this policy and send Information to Mental Fuel, that Information will become the property of Mental Fuel. This means that Mental Fuel will have unrestricted use of it for its personal and commercial purposes. Mental Fuel will not compensate you and will not be liable to you or any other information provider.
If you send Information to Mental Fuel, you agree: (I) to waive your rights in any Information; (II) to warrant that it is original to you; (III) that you have the right to submit it to Mental Fuel; and (IV) that you have no recourse against Mental Fuel for any alleged or actual infringement or misappropriation of any proprietary right in any Information.
Mental Fuel is not obligated to maintain the confidentiality of any Information submitted, and Mental Fuel disclaims any liability that may result from its disclosure of any Information submitted in violation of its policy.
You further agree not to: (I) transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; (II) impose an unreasonably large amount of Information on the Platform or otherwise interfere with or inhibit any other user from using or enjoying the Platform; (III) transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; (IV) access, use, or copy any portion of the Mental Fuel Platform using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; or (V) impersonate another person or allow any other person or entity to use your identification for interacting on Mental Fuel’s social media, as defined in its Privacy Policy.

INTELLECTUAL PROPERTY

Except as provided in the License Grant, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Mental Fuel Platform, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory. Mental Fuel reserves all rights not expressly granted.
Except as expressly outlined in this Agreement, you shall not do any of the following: (I) modify, reformat, or translate the Content, (II) license, sell, rent, lease, transfer, assign, distribute, offer, or otherwise commercially exploit the Content, or any portion thereof; (III) use the Content in any manner that allows any person to access the Content other than as expressly provided for in this Agreement; or (IV) continue to use any Content after the termination of this Agreement.

OPERATION OF THE MENTAL FUEL PLATFORM

Mental Fuel makes all reasonable efforts to keep the Platform operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and system outages.
Mental Fuel, however, does not provide any assurance or warranty that: (I) access will always be available; (II) service will be uninterrupted; (III) its operation will be error-free; (IV) defects will be corrected; or (V) the servers that operate the Website are free from viruses or other harmful components.
You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use.

International clients

We support the free access of our clients, including residents of other countries, to the professional Therapists/Coaches of their choice regardless of borders and distances. Our Therapists/Coaches are licensed/certified and accredited in the respective states of the United States of America with their unique requirements regarding therapists’/coaches` education and practice that may deviate from the approach taken by your country of residence. We do not interfere in any manner in choosing a Therapist/Coach and you agree freely and voluntarily to obtain Professional Therapy and/or Coaching Services from a Therapist/Coach licensed/certified and located in the United States. The place of provision of Professional Therapy and/or Coaching Services shall be considered the United States. This means that when you attend an Online Therapy and/or Coaching session or otherwise interact with our Therapist/Coach, you do so as a patient in the United States in accordance with the laws and regulations of the Therapist`s/Coach`s state and any disputes will be subject to that state`s law. You release Mental Fuel Inc. from any liability and waive all claims that may arise from or relate to the fact of such cross-border Therapy/Coaching. You may cancel Platform Service at any time on general conditions according to the “Platform Services and Fees” section of the Client Participation Terms.
Notwithstanding the foregoing, we do not advertise or offer the use of our Platform to residents of the countries and territories which are subject or target of comprehensive country-wide or territory-wide sanctions imposed by the U.S. government (“Prohibited Jurisdictions”) and the information contained in these Client Participation Terms will not constitute an advertisement or an offer to provide services for the residents of the Prohibited Jurisdictions. You acknowledge, understand, and agree that Mental Fuel Inc. may terminate your account and Registration without warning if you use the Platform while being a resident of the Prohibited Jurisdiction.

LIMITATION OF LIABILITY

You acknowledge that Therapists/Coaches are not employees of Mental Fuel and that Mental Fuel assumes no responsibility for any act or omission of you or any Therapist/Coach. We encourage you to do your own research.
Under no circumstances will Mental Fuel, its employees, members, managers, officers, directors, shareholders, or agents be held liable for any indirect, consequential, or punitive damages relative to the Professional Therapy and/or Coaching Services provided by any Therapist/Coach accessed through the Mental Fuel Platform greater than $1,000. Therapists/Coaches featured on the Mental Fuel Platform are independently licensed and insured, and any issue, warranty, or claim by a Client, must directly address the respective Therapist/Coach.
ALL INFORMATION IN THIS PLATFORM IS PROVIDED ON A REGISTRATION BASIS AND IS PROVIDED ON AN “AS IS” BASIS. ACCORDINGLY, MENTAL FUEL MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE CONTENT OR OTHERWISE REGARDING THE PLATFORM OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED BY LAW, MENTAL FUEL DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MENTAL FUEL GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THE MENTAL FUEL PLATFORM OR THE CONTENT OR OF ANY LINKED WEBSITE.
By using the Mental Fuel Platform, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on the Mental Fuel Platform and are not responsible for any errors or omissions in the information provided.
Mental Fuel is not responsible for Subscribers’ damage or loss. You agree that Mental Fuel is not responsible to you or others for any loss or damages that result from your use (or non-use) of the Mental Fuel Platform or any linked third-party website. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of the Mental Fuel Platform or its contents. Mental Fuel is not responsible, regardless of whether Mental Fuel has been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Mental Fuel is to stop using the Mental Fuel Platform.

NO WARRANTY OR GUARANTEE OF OUTCOME

Mental Fuel has made efforts to provide accurate information on the Platform, the Content, the Platform Service, and Professional Therapy and/or Coaching Services. But any testimonial or example on the Platform or in the Content does not guarantee that you will receive similar results. Your results will depend on your background, effort, personal circumstances, and many other factors and background, effort, personal circumstances, and many other factors of the Client, both of which are beyond the Platform’s scope, the Content, or the Platform Service.
MENTAL FUEL MAKES NO GUARANTEE AND NO WARRANTY THAT YOU WILL HAVE ANY SPECIFIC RESULT. FURTHER, MENTAL FUEL MAKES NO GUARANTEE, AND NO WARRANTY THAT THE MENTAL FUEL PLATFORM WILL OPERATE UNINTERRUPTED AND ERROR-FREE.

INDEMNIFICATION FOR YOUR USE OF THE MENTAL FUEL PLATFORM

Neither Mental Fuel, nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, members, managers, directors, employees, or agents will be liable for any damages including, but not limited to, indirect; incidental; consequential; special; exemplary; or punitive damages greater than $1,000. Unless otherwise prohibited by law, in no event shall Mental Fuel nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, directors, employees, or agents will be liable for any special, indirect, or consequential damages, or damages whatsoever resulting from loss of use or data, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use of the Mental Fuel Platform or the Platform Service greater than $1,000. Your sole and exclusive remedy for dissatisfaction with the Platform Service is to stop using the Mental Fuel Platform and Platform Service. Mental Fuel provides no indemnification of any kind.
You will indemnify Mental Fuel from any suit or proceeding made or brought against Mental Fuel by a third-party for claims related to your use of any portion of the Mental Fuel Platform, Platform Service, or Professional Therapy and/or Coaching Services.

LINKS TO THIRD-PARTY WEBSITES

Mental Fuel may provide links to third-party websites. By clicking on these links, you agree that Mental Fuel is not responsible and does control any information on these websites. Third-party websites are unrelated to, and not maintained by, Mental Fuel.
By clicking on such links, you agree that Mental Fuel is not responsible for their content, regardless of whether your access is provided by Mental Fuel or by another third-party. Mental Fuel does not warrant the accuracy, timeliness, or suitability of the content of any third-party website.
By providing a link to a third-party website, Mental Fuel does not endorse that linked websites’ products or services, nor does it endorse the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider and not Mental Fuel.
Third-party websites may provide links to Mental Fuel. Mental Fuel hereby grants third-party websites the limited right to link to its Website. This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.

AFFILIATE DISCLAIMER

Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, some of the links are affiliated links. This means that Mental Fuel may receive payment if you purchase products or services through such links. Mental Fuel only utilizes affiliate links for products or services that its principals have personally used and believe will add value to its Subscribers.

NO ASSIGNMENT

The Client Participation Terms and Conditions and licenses may not be transferred or assigned by you to anyone but may be assigned by us without restriction.

APPLICABLE LAW AND ENFORCEMENT OF CLIENT PARTICIPATION TERMS AND CONDITIONS

The laws of the state of Delaware, without affecting its principles of conflicts of law, govern all adversarial proceedings arising out of this Agreement. If a Platform Subscriber takes legal action against us relating to the Platform Privacy Policy or these Client Participation Terms and Conditions or relating to the Subscriber’s interactions with or relationship to Mental Fuel relating to the Mental Fuel Platform, that Subscriber agrees to file such action only in the state and federal courts located in Delaware.
By using the Mental Fuel Platform, you agree that: (I) if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (II) that if an unenforceable provision is modified or disregarded under this paragraph, then the rest of this Agreement will remain in effect as written; and (III) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
No waiver of any of the Privacy Policy or this Agreement shall be effective unless in writing and signed by an authorized representative of Mental Fuel. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.
The Privacy Policy and this Agreement constitute the entire agreement between you and Mental Fuel related to your use of the Mental Fuel Platform. It does not create any relationship between you and Mental Fuel that is not contemplated in these policies.

AMENDMENTS AND MODIFICATIONS

Mental Fuel may amend or update the Privacy Policies, these Client Participation Terms and Conditions, the Content, or the Platform Service at any time without prior notice. If you use the Mental Fuel Platform after any changes, you agree to be bound by the changes.