1. Acceptance of Terms

By accessing or using Mente360's practice management software and related services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Services.

These Terms apply to all users of the Services, including practitioners, practice administrators, and any other authorized users.

2. Description of Services

Mente360 provides cloud-based practice management software designed for mental health practitioners. The Services include, but are not limited to:

Appointment scheduling and calendar management
Clinical documentation tools
Insurance billing and claims management
Client portal and communication features
Reporting and analytics

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.

3. Account Registration

To use the Services, you must:

Create an account with accurate and complete information
Be a licensed mental health professional or authorized practice administrator
Maintain the security of your account credentials
Promptly notify us of any unauthorized access to your account

You are responsible for all activities that occur under your account. We reserve the right to refuse service, terminate accounts, or remove content at our discretion.

4. HIPAA Compliance and BAA

As a covered entity under HIPAA, you must execute our Business Associate Agreement (BAA) before using the Services to process Protected Health Information (PHI). The BAA is incorporated into these Terms by reference.

You are responsible for:

Obtaining appropriate consent from clients for electronic records
Complying with all applicable privacy and security regulations
Training your staff on HIPAA requirements
Reporting any suspected breaches to us promptly

5. Fees and Payment

You agree to pay all fees associated with your chosen subscription plan. Payment terms:

Fees are billed monthly or annually in advance
All fees are non-refundable except as expressly stated
We may change pricing with 30 days' notice
Failure to pay may result in suspension or termination of Services

If you dispute any charges, you must notify us within 30 days of the charge.

6. Data Ownership and Portability

You own your data. All client information, clinical notes, and practice data you enter into the Services remains your property. We claim no ownership rights to your data.

You may export your data at any time through our data export features. Upon termination, you will have 30 days to export your data before it is deleted.

7. Acceptable Use

You agree not to:

Use the Services for any unlawful purpose
Violate any applicable laws or regulations
Infringe on intellectual property rights
Transmit malware or harmful code
Attempt to gain unauthorized access to our systems
Interfere with or disrupt the Services
Use the Services to send spam or unsolicited communications
Resell or sublicense the Services without authorization

8. Intellectual Property

The Services, including all software, design, text, graphics, and other content, are owned by Mente360 and protected by intellectual property laws. You are granted a limited, non-exclusive license to use the Services during your subscription period.

You may not copy, modify, distribute, sell, or lease any part of our Services without our written consent.

9. Third-Party Integrations

The Services may integrate with third-party services (e.g., payment processors, clearinghouses, calendar applications). Your use of these integrations is subject to the third party's terms and privacy policies. We are not responsible for third-party services.

10. Disclaimer of Warranties

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

We do not warrant that the Services will be uninterrupted, error-free, or completely secure. You use the Services at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MENTE360 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Mente360, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

Your use of the Services
Your violation of these Terms
Your violation of any applicable laws or regulations
Your violation of any third-party rights

13. Termination

Either party may terminate this agreement at any time. You may cancel your subscription through your account settings or by contacting support.

Upon termination:

Your access to the Services will end
You will have 30 days to export your data
After 30 days, your data will be permanently deleted
No refunds will be issued for partial months or unused time

We may terminate or suspend your access immediately if you violate these Terms or if required by law.

14. Dispute Resolution

Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [State], and the decision shall be final and binding.

You agree to waive any right to participate in class action lawsuits against Mente360.

15. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and BAA, constitute the entire agreement between you and Mente360.
Severability: If any provision of these Terms is found unenforceable, the remaining provisions shall remain in effect.
Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
Assignment: You may not assign your rights under these Terms without our consent.
Governing Law: These Terms shall be governed by the laws of the State of Delaware.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Services. Your continued use after changes become effective constitutes acceptance of the revised Terms.

17. Contact Us

If you have questions about these Terms, please contact us:

Email: legal@gomente360.com
Mail: Mente360, Inc., [Address to be added]