Terms of Service

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 an individual developer based in Pennsylvania, USA. 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. Demo Version & HIPAA Non-Compliance

YOU ACKNOWLEDGE AND AGREE THAT:

• Mendly is currently a DEMONSTRATION VERSION ONLY
• The Service is NOT HIPAA compliant
• The Service is NOT suitable for storing, transmitting, or processing actual patient Protected Health Information (PHI)
• You MUST NOT enter real patient data, medical records, or any PHI
• This platform is for evaluation, testing, and demonstration purposes only
• We plan to become HIPAA compliant in the future, at which time you will need to accept updated Terms

3. Eligibility & Account Registration

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

• You are a licensed mental health professional or are using the Service for demonstration purposes only
• 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. Prohibited Uses

You agree NOT to:

• Enter real patient Protected Health Information (PHI) or medical records
• Use the Service for actual clinical practice or patient treatment
• 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

5. 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 on Supabase servers. We may use additional third-party services including:

• Vercel (hosting)
• Cloudflare (CDN and security)
• Resend (email delivery)

Data Retention: We currently retain data indefinitely unless you request deletion. See Section 6 for deletion procedures.

6. Account Deletion & Data Rights

Therapists: To delete your account and associated data, contact us at welcome@mendly.me. We will process deletion requests within 30 days.

Patients: To request deletion of your patient data, email welcome@mendly.me. Your therapist will be notified, and data will be deleted within 30 days.

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

7. 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.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MENDLY AND ITS OPERATOR 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

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

9. Indemnification

You agree to indemnify, defend, and hold harmless Mendly and its operator 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 real patient data or PHI on the Service

10. 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. Sections that by their nature should survive termination (including Sections 7, 8, 9, and 11) shall survive.

11. 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.

Any disputes arising from these Terms or use of the Service shall be resolved in the state or federal courts located in Pennsylvania.

12. 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
• 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.

13. Future HIPAA Compliance

When Mendly becomes HIPAA compliant, all users will be required to accept new Terms of Service and a Business Associate Agreement (BAA). Current demo accounts may need to be migrated or recreated under the compliant system.

14. Contact Information

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

Email: welcome@mendly.me
Service: Mendly
Location: Pennsylvania, USA

15. 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.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mendly regarding the Service and supersede all prior agreements and understandings.