Acceptance of Terms
Welcome to Mentr App, owned and operated by FlyPals LLC . Mentr App provides an online platform that connect users who provide information and advice (the “Mentors”) with users seeking information and advice (the “Mentees”). By using the Application, you agree to comply with the terms and conditions of this document (“Terms of Service”). These Terms govern your access to and use of the Application and constitute a binding legal agreement between you and Mentr App.
In these Terms, “you” and “your” refer to the individual or entity that uses the Application “We”, “us”, or “our” refer to Mentr App.
THE MOBILE AND WEB APPLICATION OFFERS AN ONLINE PLATFORM THROUGH WHICH MENTORS MAY CREATE LISTINGS (AS DEFINED BELOW) IN ORDER TO OFFER INFORMATION AND ADVICE TO MENTEES. YOU UNDERSTAND AND AGREE THAT Mentr IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN MEMBERS (AS DEFINED BELOW). Mentr HAS NO CONTROL OVER THE CONDUCT OF MEMBERS OR OTHER USERS OF THE MOBILE AND WEB APPLICATION OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Appointment” means a scheduled telephone call coordinated between Mentor and Mentee
“Mentor” means a Member who offers information and advice to other Members
“Listing” means an offer by a Mentor to provide the information and advice
“Member” means a person who completes Mentr App’s account registration process and includes Mentors and Mentees.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.
Mentr App reserves the right, at its sole discretion, to modify the mobile and web Application or to modify these Terms, including the Service Fee (as defined below), at any time and without prior notice.
The Application is intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is prohibited. By accessing or using the Site, Application or Services you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.
The application is a platform for Members to connect and schedule Appointments in order to exchange information with other Members. You may view Listings as an unregistered visitor to the Application; however, if you wish to use the Services or post a Listing, you must first register to create a Mentr App Account (as defined below).
Mentr App’s role is solely to facilitate the availability of the Application and to provide services related thereto, such as Appointment scheduling, payment integration and call facilitation. Mentr App does not provide and is not responsible for Member Content or any information or advice exchanged between Members during Appointments or otherwise. Mentr App does not verify the credentials of any of its Members. You understand and acknowledge that Mentors are not employees or agents of Mentr App but are independent service providers using the Application to market their expertise to other Members and the public. You acknowledge that Mentr App will not be liable for any loss or damage caused by your reliance on information provided by Members or information contained in Member Content.
PLEASE NOTE THAT, AS STATED ABOVE, THE MOBILE AND WEB APPLICATION IS INTENDED TO BE USED TO FACILITATE MEMBER INTERACTION. MENTR APP CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY LISTINGS OR THE INFORMATION EXCHANGED BETWEEN MEMBERS. YOU UNDERSTAND AND ACKNOWLEDGE THAT MENTR APP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL MEMBERS USE THE MOBILE AND WEB APPLICATION AT THEIR OWN RISK.
User Account Creation
To access certain features of the Site and Application and to create a Listing, you must register to create an account (“Mentr App Account”) and become a Member.
We will create your Mentr App Account based upon the personal information you provide to us or that we obtain. You may not have more than one (1) active Mentr App Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Mentr App reserves the right to suspend or terminate your Mentr App Account and your access to the Application if you create more than one (1) Mentr App Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your passcode. You agree that you will not disclose your passcode to any third party and that you will take sole responsibility for any activities or actions under your Mentr App Account, whether or not you have authorized such activities or actions. You will immediately notify Mentr App of any unauthorized use of your Mentr App Account.
You (as an Mentor) may create Listings to offer your services to other Members. To this end, you may need to provide information regarding the expertise you offer as well as pricing applicable to your offering. Listings will be made publicly available via the Application.
Mentees will be able to schedule an Appointment with you via the Application based upon the information provided in your Listing. You understand and agree that once a Mentee requests an Appointment, the price quoted under your Listing may not be altered.
You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the agreements you enter into with Mentees (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and (b) not conflict with the rights of third parties. Please note that Mentr App assumes no responsibility for the content of Listings or for any Member’s compliance with any applicable laws, rules and regulations.
You understand and agree that Mentr App is not involved in the interactions between Members and does not refer or endorse or recommend particular Mentors to Mentees. You also understand and acknowledge that Mentr App does not edit, modify, filter, screen, monitor, endorse or guarantee Member Content or the content of communications between Members. As stated above, Mentr App is not party to any agreements entered into between Members.
Mentr App reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Mentr App, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Application. You acknowledge and agree that, as an Mentor, you are responsible for your own acts and omissions.
As stated above, Mentr App does not endorse any of its Members. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or credentials. You are responsible for determining the identity and suitability of others who you contact via the Application.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Mentr App with respect to such actions or omissions.
Financial Terms for Mentors:
If you (as an Mentor) have received an Appointment request from a Member, you will be required to either confirm or reject the request within 24 hours of when the request is made (as determined by Mentr App in its sole discretion) or the request will be automatically cancelled. When an Appointment is requested with you via the Application, we will share with you (i) the first and last name of the Mentee who has requested the Appointment, and (ii) A voice recording of the question so that you can view this information before confirming or rejecting the Appointment. When you confirm an Appointment request, Mentr App will send you a text message or message via the Application confirming such booking, depending on the selections you make via the Application.
The amount due and payable by a Mentee relating to Appointment time with you is referred to as an “Appointment Fee”. Appointment Fees are quoted in each Listing, in U.S. dollars and in a price per 30 minute session format (the “Appointment Fee Rate”). Please note that it is Mentors, and not Mentr App, which set all Appointment Fee Rates.
In consideration of the Services, Mentr App charges you a fee (the “Service Fee”) based on a percentage of Appointment Fees collected on your behalf. The current applicable percentage is Thirty percent (30%). The Service Fee is deducted from the Appointment Fee payable to you in respect of an Appointment. At the conclusion of each Appointment, Mentr App calculates the appropriate Appointment Fee payable by the Mentee to you based on the duration of the Appointment and the applicable Appointment Fee Rate. After deducting the applicable Service Fee, Mentr App remits the balance of the Appointment Fee to you via your PayPal account, in U.S. dollars.
Financial Terms for Mentees
You (as a Mentee), not Mentr App, are solely responsible for honoring any confirmed Appointments. If you choose to enter into a transaction with an Mentor by scheduling an Appointment via the Application, these Terms and other terms, conditions, rules and restrictions associated with such Appointment as set out in the Listing may apply. You acknowledge and agree that you, and not Mentr App, will be responsible for performing the obligations of any such agreements, and Mentr App is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
You agree to pay Mentr App all Appointment Fees due in connection with any Appointment. In order to initiate an Appointment, you understand and agree that Mentr App reserves the right, in its sole discretion, to obtain a pre-authorization of your credit card or charge your credit card a nominal amount, not to exceed one U.S. dollar ($1), in order to verify your credit card. At the end of each Appointment, Mentr App will process and collect the Appointment Fees payable in accordance with these Terms and the terms of the Listing. Please note that Mentr App cannot control any fees that may be charged to a Member by his or her bank related to Mentr App’s collection of the Appointment Fees, and Mentr App disclaims all liability in this regard.
General Financial Terms
You (as a Mentee) may cancel an Appointment without penalty; provided, however, that you have not already initiated the call with the Mentor via the Application. You (as an Mentor) may cancel a scheduled Appointment without penalty at any time. If you have been improperly charged for an Appointment that was cancelled and require a refund, please contact Mentr App at email@example.com.
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Mentr App cannot and does not offer Tax-related advice to any Members of the Application.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Application. In connection with your use of our Application, you may not and you agree that you will not:
A) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
B) use the Application for any commercial or other purposes that are not expressly permitted by these Terms
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
C) use our Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
D) "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Mentr App Member;
E) register for more than one Mentr App Account or register for a Mentr App Account on behalf of an individual other than yourself;
F) contact a Mentor for any purpose other than asking a question,
contact a Mentee for any purpose other than answering the question;
G) recruit or otherwise solicit any other Member to join third party services or websites that are competitive to Mentr App, without Mentr App’s prior written approval;
H) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
I) use the Application to find a Mentor and then complete a transaction independent of the Application in order to circumvent the obligation to pay any fees related to Mentr App’s provision of the Services;
as an Mentor, submit any Listing with a false or misleading information, or submit any Listing with a price that you do not intend to honor;
J) post, upload, publish, submit or transmit any Content (such as Photographs, video and audio), that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
K) use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, Mentr App’s name, any Mentr App trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mentr App’s express written consent;
L) Mentr App may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Mentr App has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Application, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Mentr App reserves the right, at any time and without prior notice, to remove or disable access to any Content that Mentr App, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Sharing of personal information
We do not allow mentors and mentees to
Share personal information such as phone numbers, email, mailing address or any other personally identifiable information on chat or during phone call.
Interact off-the-app on phone, text, email and social media
Offer free help for reviewing essay or tutoring or other services
Violating these policies may result in disabling the violator's account. When in doubt, always reach out to firstname.lastname@example.org
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Mentr App used herein are trademarks or registered trademarks of Mentr App. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Mentr App Account Deactivation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Application, and (b) deactivate or cancel your Mentr App Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Mentr App terminates these Terms, or your access to our Application or deactivates or cancels your Mentr App Account you will remain liable for all amounts due hereunder. You may cancel your Mentr App Account at any time by contacting Mentr App support. Please note that if your Mentr App Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Application, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE MOBILE AND WEB APPLICATION, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MENTR APP DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, MENTEES AND MENTORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE MOBILE AND WEB APPLICATION AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MENTR APP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MENTR APP MAKES NO WARRANTY THAT THE MOBILE AND WEB APPLICATION INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY INFORMATION PROVIDED VIA APPOINTMENTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 1ON APP MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE MOBILE AND WEB APPLICATION OR THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MENTR APP OR THROUGH THE WEB APPLICATION, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MOBILE AND WEB APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, MOBILE APPLICATION OR SERVICES. YOU UNDERSTAND THAT MENTR APP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, MOBILE APPLICATION OR SERVICES. MENTR APP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, MOBILE APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, MOBILE APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE MOBILE APPLICATION AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MOBILE APPLICATION, INCLUDING, BUT NOT LIMITED TO, MENTORS, REGARDLESS OF WHETHER SUCH COMMUNICATIONS OR INTERACTIONS ARE ORGANIZED BY MENTR APP
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MOBILE AND WEB APPLICATION AND SERVICES, LISTINGS OR APPOINTMENTS VIA THE MOBILE AND WEB APPLICATION, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MENTR APP WHETHER IN PERSON, BY PHONE, ONLINE OR OTHER MEANS REMAINS WITH YOU. NEITHER MENTR APP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING MOBILE AND WEB APPLICATION WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE MOBILE AND WEB APPLICATION, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, MOBILE AND WEB APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE MOBILE AND WEB APPLICATION, SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER MENTR APP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.
You agree to release, indemnify, and hold Mentr App and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content and (c) your (i) interaction with any Member, (ii) reliance on any information exchanged via the Site, Application or Services, or (iii) creation of a Listing. Mentr App shall have the right to control all defense and settlement activities.
If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to us at email@example.com
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
These Terms are intended to govern the agreement between Mentr App and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
Contacting Mentr App
If you have any questions about these Terms, please contact Mentr App at: firstname.lastname@example.org