Software Terms and Policy
Terms
Welcome to MentBay! These terms and conditions govern your use of our software solutions and services. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree with any part of these terms, please refrain from using our services.
1. SCOPE OF SERVICES
1.1 MentBay specializes in developing customized software solutions for businesses and practices in the mental healthcare space.
1.2 Our services include but are not limited to software development, automation, optimization, and related consultation.
1.3 The specific details and scope of our services will be agreed upon in writing between MentBay and the client.
1.2 Our services include but are not limited to software development, automation, optimization, and related consultation.
1.3 The specific details and scope of our services will be agreed upon in writing between MentBay and the client.
2. INTELLECTUAL PROPERTY
2.1 All intellectual property rights, including but not limited to copyrights, trademarks, and patents, related to our software solutions and services are owned by MentBay.
2.2 The client acknowledges that any software or related materials provided by MentBay are protected by intellectual property laws and may not be reproduced, modified, or distributed without prior written consent.
2.2 The client acknowledges that any software or related materials provided by MentBay are protected by intellectual property laws and may not be reproduced, modified, or distributed without prior written consent.
3. CLIENT RESPONSIBILITIES
3.1 The client shall provide accurate and complete information necessary for the development and implementation of the software solutions.
3.2 The client shall ensure the confidentiality and security of their login credentials and account information associated with our services.
3.3 The client shall comply with all applicable laws and regulations while using our services.
3.2 The client shall ensure the confidentiality and security of their login credentials and account information associated with our services.
3.3 The client shall comply with all applicable laws and regulations while using our services.
4. PAYMENT TERMS
4.1 The client shall pay the fees agreed upon for the software development and related services as per the payment schedule specified in the written agreement.
4.2 All fees and charges are exclusive of any applicable taxes unless otherwise stated.
4.3 In the event of any overdue payments, MentBay reserves the right to suspend or terminate services until outstanding amounts are settled.
4.2 All fees and charges are exclusive of any applicable taxes unless otherwise stated.
4.3 In the event of any overdue payments, MentBay reserves the right to suspend or terminate services until outstanding amounts are settled.
5. LIMITATION OF LIABILITY
5.1 MentBay shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use our services.
5.2 MentBay shall not be responsible for any loss of data or unauthorized access to client information resulting from factors beyond our reasonable control.
5.3 The client agrees to indemnify and hold MentBay harmless from any claims or damages arising from their use of our services.
5.2 MentBay shall not be responsible for any loss of data or unauthorized access to client information resulting from factors beyond our reasonable control.
5.3 The client agrees to indemnify and hold MentBay harmless from any claims or damages arising from their use of our services.
6. TERMINATION
6.1 Either party may terminate the agreement for any reason by providing (30 days) written notice to the other party.
6.2 Upon termination, the client shall promptly return any software or materials provided by MentBay, and any outstanding fees shall become immediately due.
6.2 Upon termination, the client shall promptly return any software or materials provided by MentBay, and any outstanding fees shall become immediately due.
7. AMENDMENTS
7.1 MentBay reserves the right to update or modify these terms and conditions at any time without prior notice.
7.2 The client's continued use of our services after any changes to the terms indicates their acceptance of the modified terms.
7.2 The client's continued use of our services after any changes to the terms indicates their acceptance of the modified terms.
8. GOVERNING LAW
These Legal Terms and your use of Services are governed by and interpreted in accordance with state laws, as well as County and local ordinances and regulations, except in cases where Federal Law takes precedence.
9. DISPUTE RESOLUTION
Informal Negotiations - To resolve any disputes related to these Legal Terms, both parties agree to first attempt informal negotiations for at least thirty (30) days before initiating arbitration.
10. DISCLAIMER
The services are provided "as is" and "as available." Your use of the services is at your own risk. We do not guarantee the accuracy or completeness of the content and materials on the services or linked websites. We are not liable for any errors, damages, or unauthorized access. We do not endorse third-party products or services. Use caution when making purchases.
11. LIMITATIONS OF LIABILITY
We are not liable for any direct, indirect, consequential, or incidental damages arising from your use of the services, even if we have been advised of the possibility of such damages. Our liability to you will be limited to the amount paid, if any, by you to us. Certain laws may grant you additional rights.
12. INDEMNIFICATION
You agree to protect, indemnify, and hold us and our affiliates, officers, agents, and employees harmless from any claims or demands made by third parties due to your use of the Services, breach of these Legal Terms, or violation of your representations and warranties. We reserve the right to assume exclusive control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. We will notify you of any such claims, actions, or proceedings subject to indemnification.
13. USER DATA
We will store and manage the data you transmit for the Services' performance and your usage. While we regularly back up data, you are responsible for all data you transmit and related activities. We are not liable for any loss or corruption of such data, and you waive any right of action against us for such incidents.
14. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Services, communicating with us via email, or completing online forms, you acknowledge that these actions constitute electronic communications. You agree to receive electronic communications from us, including agreements, notices, disclosures, and other information, which satisfy any legal requirement for written communication. You also consent to the use of electronic signatures, contracts, orders, and records, as well as electronic delivery of notices, policies, and transaction records. By doing so, you waive any rights or requirements under laws that mandate original signatures, non-electronic record retention, or non-electronic payment methods.
15. CALIFORNIA USERS AND RESIDENTS
If you have an unresolved complaint with us, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can reach them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
16. MISCELLANEOUS
These legal terms, along with any posted policies or rules, represent the complete agreement between you and us. Our failure to enforce any right or provision in these terms does not waive that right or provision. These terms are legally binding to the fullest extent permitted by law. We have the right to assign our rights and obligations to others. We are not responsible for any loss, damage, delay, or failure resulting from factors beyond our control. If any provision of these terms is found to be unlawful or unenforceable, it will be removed without affecting the validity of the remaining provisions. These terms do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that the electronic form of these terms is valid and waive any defense based on its electronic nature.
17. CONTACT US
To address any complaints about the Services or to seek additional information, please reach out to us at info@mentbay.com
PRIVACY POLICY
MentBay is committed to safeguarding your privacy and creating a secure online environment that enhances your experience. This Privacy Statement outlines how we collect and use data on the MentBay website. By using our website, you consent to the data practices described in this statement.
18. COLLECTION OF YOUR PERSONAL INFORMATION
MentBay gathers personally identifiable information such as your email address, name, home or work address, and phone number.
Additionally, MentBay automatically collects data about your computer's hardware and software. This may include your IP address, browser type, domain names, access times, and referring website addresses. We use this information to operate the service, maintain quality, and provide users with usage statistics for the MentBay website.
We advise you to review the privacy statements of websites you visit through MentBay to understand their data collection, usage, and sharing practices. MentBay is not responsible for the privacy policies or content of external websites.
19. USE OF YOUR PERSONAL INFORMATION
MentBay collects and utilizes your personal information to operate the MentBay website and fulfill your requested services. We may also use your personally identifiable information to notify you about other products or services offered by MentBay and its affiliates.
Periodically, we may reach out to you through surveys to gather your feedback on current services or potential new offerings. Rest assured, MentBay does not sell, rent, or lease customer lists to third parties. We may share data with trusted partners to perform statistical analysis, provide customer support, or facilitate deliveries, but they are strictly bound to maintain the confidentiality of your information and cannot use it for any other purpose.
To enhance your experience, MentBay tracks customer website and page visits to determine popular services. This helps us deliver tailored content and advertising to users who have shown interest in specific products.
When necessary to uphold the rights, property, or safety of MentBay users and the general public, MentBay may be required to disclose personal information.
20. USE OF WEB TRACKING
The MentBay website utilizes tracking mechanisms, such as cookies, to enhance your online experience and provide personalized content. You have the choice to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser settings to reject them if you prefer. However, please note that rejecting cookies may limit your access to certain interactive features of MentBay services and other websites you visit.
21. MENTBAY SITE USAGE INFORMATION
The data gathered from your usage of the site, including log files, cookies, Internet tags, web beacons, and similar technologies, serves multiple purposes. Firstly, it allows us to monitor the site's operation, technical functionality, and overall quality. Secondly, it helps us compile general statistics about site usage and analyze demographic information about our users. Additionally, we may utilize this information for research purposes and to enhance our website and services. Moreover, when your browsing patterns indicate a specific area of interest, MentBay leverages this data to deliver tailored content and advertising to you.
22. SECURITY OF YOUR PERSONAL INFORMATION
MentBay takes extensive measures to ensure the security of your personal information and prevent unauthorized access, use, or disclosure. When sensitive information, like a credit card number, is transmitted to external websites, it is safeguarded using encryption protocols such as Secure Socket Layer (SSL) to maintain its confidentiality and integrity.
23. CONTACT INFORMATION
If you have any inquiries, feedback, or concerns about MentBay's privacy and security practices, please feel free to reach out to us via info@mentbay.com. We are here to assist you with any questions you may have regarding privacy-related matters.
24. CHANGES TO MENTBAY’S PRIVACY POLICY
As we strive to improve our features and services by implementing new technologies, the MentBay Privacy Policy may undergo changes. We recommend that you periodically review the MentBay Privacy Policy to stay informed about any updates.