Terms of Service

Last Updated: July 12, 2026 (Version 5)

1. Acceptance of Terms

By accessing or using Mendly ("Service", "Platform", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

Mendly is operated by Mendly LLC, a Pennsylvania limited liability company. We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the new Terms.

2. Nature of the Service

Mendly is a software platform that helps mental health professionals manage their patients and track wellbeing through daily check-ins and related insights.

You are responsible for using the Service in compliance with all laws, regulations, and professional obligations that apply to you, and for the accuracy of the information you enter.

Mendly is software, not health care. Mendly LLC is not a health care provider and does not provide medical, mental health, or clinical advice, diagnosis, or treatment. No therapist-patient, physician-patient, or other provider-patient relationship is created between you and Mendly LLC. All care decisions are made solely by you and your treating professional. The Service is a tool that supports — and is not a substitute for — professional medical or mental health advice, diagnosis, or treatment.

The Service is not for emergencies. The Service is not designed for, and must not be relied upon for, emergency or crisis communications, and check-in data may not be reviewed in real time. If you are experiencing a medical or mental health emergency, or are having thoughts of harming yourself or others, call 911, call or text the 988 Suicide & Crisis Lifeline, or go to the nearest emergency room immediately.

3. Eligibility & Account Registration

Therapist Accounts: By creating a therapist account, you represent that:

  • You are a licensed mental health professional
  • All information you provide is accurate and current
  • You will maintain the security of your account credentials
  • You will not share your account with others

Patient Accounts: Patient accounts can only be created through therapist invitations. For minor patients (under 18), a parent or legal guardian must provide consent.

4. HIPAA & Business Associate Agreement

If you are a therapist or practice using the Service to manage patient information, you are a covered entity under the Health Insurance Portability and Accountability Act ("HIPAA"), and Mendly LLC acts as your business associate. Use of the Service by therapist customers requires acceptance of our Business Associate Agreement ("BAA"), which is presented at signup and available at mendly.me/legal/baa.

The BAA governs the use, disclosure, and safeguarding of protected health information ("PHI"). In the event of any conflict between these Terms and the BAA with respect to PHI, the BAA controls.

You remain solely responsible for your own obligations as a covered entity, including obtaining any required patient consents and authorizations, providing your notice of privacy practices, and complying with applicable federal and state privacy and professional-practice laws. If you are a patient, your therapist or practice is the covered entity responsible for your care and your health information; requests to access or amend your records should be directed to them.

5. Subscriptions, Billing & Trials

The Service is offered on paid subscription plans with different features and patient limits, as described on our pricing page. By subscribing, you agree to the following:

  • Payment processing: Payments are processed by Stripe. We do not store your full payment card details.
  • Billing cycle: Subscriptions are billed in advance on a recurring monthly basis and renew automatically until cancelled.
  • Upgrades: Plan upgrades take effect immediately; you will be charged a prorated amount for the remainder of the billing period.
  • Downgrades: Plan downgrades take effect at the end of the current billing period. You must be within the lower plan's patient limit for the downgrade to apply.
  • Patient limits: Each plan includes a maximum number of active patients. Invitations beyond your plan's limit are not permitted.
  • Trials: We may offer a free trial with limited features or patient capacity. We may modify or discontinue trial offerings at any time.
  • Cancellation: You may cancel at any time through the billing portal. Cancellation takes effect at the end of the current billing period, and you retain access until then.
  • Refunds: Except where required by law, payments are non-refundable and no refunds or credits are provided for partial billing periods.
  • Failed payments: If a payment fails, we may retry the charge and may suspend or restrict access to the Service after a grace period until payment is made.
  • Price changes: We may change subscription prices with at least 30 days' notice; changes apply at your next renewal.
  • Taxes: Prices may be subject to applicable sales or similar taxes, which will be added where required.

6. Prohibited Uses

You agree NOT to:

  • Violate any laws or regulations
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Interfere with or disrupt the Service
  • Use the Service to transmit malware, spam, or harmful content
  • Reverse engineer, decompile, or attempt to extract source code
  • Use automated systems (bots, scrapers) without permission
  • Impersonate others or provide false information

7. User Data & Content

Your Data: You retain ownership of any content you submit to the Service. By using the Service, you grant us a license to use, store, and process your data solely to provide the Service.

Data Storage: Your data is stored and processed on Amazon Web Services (AWS) infrastructure in the United States. We use third-party services including:

  • Amazon Web Services (application hosting, database, authentication, and email delivery)
  • Cloudflare (DNS)
  • Stripe (payment processing)

Data Retention: We retain data for as long as your account is active or as needed to provide the Service, unless you request deletion. See Section 9 for deletion procedures.

8. SMS Text Message Communications

SMS text message notifications are not currently offered. If we enable SMS notifications in the future, the following will apply:

  • SMS enrollment will require a two-step opt-in: your therapist initiates enrollment, and you must reply YES to a consent request to confirm
  • Message types will include daily wellness check-in reminders and birthday messages
  • Message frequency will vary (typically up to 1 message per day if reminders are enabled)
  • Message and data rates may apply based on your mobile carrier plan
  • You will be able to opt out at any time by replying STOP, or get help by replying HELP
  • Phone numbers will be shared with our SMS delivery provider solely for message delivery

For complete details, see our SMS Consent & Terms page.

9. Account Deletion & Data Rights

Therapists: To delete your account and associated data, contact us at support@mendly.me. We will process deletion requests within 30 days, subject to the return-or-destruction provisions of the BAA.

Patients: Your health records are controlled by your therapist. To request deletion of your patient data, contact your therapist or email support@mendly.me; your therapist will be notified, and data will be handled as they direct within 30 days.

We do not currently offer automated data export functionality. For data export requests, contact support@mendly.me.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties of accuracy, reliability, or availability
  • Warranties of security or data protection

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MENDLY LLC SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Unauthorized access to or use of our servers and/or any personal information stored therein
  • Any bugs, viruses, or harmful code transmitted to or through the Service
  • Any errors or omissions in content
  • Any conduct or content of third parties on the Service

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF MENDLY LLC ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY, SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO MENDLY LLC FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS IN THIS SECTION DO NOT LIMIT EITHER PARTY'S OBLIGATIONS UNDER THE BAA WITH RESPECT TO PHI TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY LAW, AND DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT.

12. Indemnification

You agree to indemnify, defend, and hold harmless Mendly LLC and its members, officers, and agents from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another
  • Your submission of content to the Service
  • Any misuse of patient data or protected health information (PHI) on the Service

13. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms.

Upon termination, your right to use the Service immediately ceases, and PHI will be handled in accordance with the BAA. Sections that by their nature should survive termination (including Sections 9, 10, 11, 12, 13, 14, 15, 18, and 19) shall survive.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and the United States, without regard to conflict of law principles, except that the arbitration provisions of Section 15 are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

15. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND MENDLY LLC TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT AS DESCRIBED BELOW.

a. Informal Resolution First. Before either party may commence arbitration or any other proceeding, that party must first send the other a written notice of the dispute describing the claim and the relief sought (to us: support@mendly.me, subject line "Dispute Notice"; to you: your account email address). The parties agree to negotiate in good faith to resolve the dispute for at least sixty (60) days after the notice is received. Most disputes can be resolved this way. The statute of limitations and any filing-fee deadlines are tolled during this period.

b. Binding Individual Arbitration. If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules for business customers, as applicable), before a single arbitrator. The arbitration shall be conducted in Pennsylvania or, at your election, remotely by videoconference or telephone, or by written submissions. Payment of filing, administration, and arbitrator fees will be governed by the applicable AAA rules. The arbitrator's award may be entered in any court of competent jurisdiction.

c. Exceptions. Either party may (i) bring an individual claim in small claims court in lieu of arbitration, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized access to or misuse of the Service or PHI. Nothing in this Section limits either party's obligations under the BAA or your right to file a complaint with a government agency.

d. Class Action and Jury Trial Waiver. YOU AND MENDLY LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. All claims must be brought in the parties' individual capacity, and the arbitrator may not consolidate more than one person's claims (except as provided in subsection (e)) or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the remainder shall proceed in arbitration.

e. Coordinated Filings. If twenty-five (25) or more similar arbitration demands are filed against Mendly LLC by or with the assistance of the same or coordinated counsel, the parties agree that the AAA shall administer them in batches of up to fifty (50) demands per batch, with a single arbitrator, one set of filing and administrative fees, and one consolidated hearing per batch. Batch results have no precedential effect on other batches or claimants. Statutes of limitations are tolled for all claimants from the filing of the first batch until each claimant's demand is resolved. This subsection applies solely to the administration of arbitrations and does not expand or limit any party's substantive rights.

f. 30-Day Right to Opt Out. You may opt out of this arbitration agreement (other than the jury-trial and class-action waivers applicable to court proceedings where permitted by law) by emailing support@mendly.me with the subject line "Arbitration Opt-Out" from your account email address, including your name and account email, within thirty (30) days of first accepting these Terms. Opting out will not affect any other provision of these Terms or your ability to use the Service.

g. Time Limit; Severability. To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be initiated (by delivering a dispute notice under subsection (a)) within one (1) year after the claim accrues, or it is permanently barred. If any portion of this Section 15 other than subsection (d) is found unenforceable, the remainder shall remain in effect.

16. Changes to Terms

We may modify these Terms at any time. We will notify users of material changes by:

  • Posting the updated Terms on the Service
  • Updating the "Last Updated" date and version
  • Sending email notifications for significant changes

Continued use of the Service after changes constitutes acceptance. If you do not agree to changes, you must stop using the Service.

17. Contact Information

For questions about these Terms or the Service, contact us at:

Email: support@mendly.me
Company: Mendly LLC
Location: Pennsylvania, USA

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and, for therapist customers, the Business Associate Agreement, constitute the entire agreement between you and Mendly LLC regarding the Service and supersede all prior agreements and understandings.

By using Mendly, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.