Terms of Use

MyMental offers a subscription service that automatically renews until you actively cancel it. To prevent any charges, you must cancel your subscription at least 24 hours prior to the end of your trial or the current subscription period.

Important: This agreement includes a mandatory binding arbitration clause located in Section 11, which affects your rights regarding all service(s). This arbitration clause requires that disputes be resolved through individual arbitration proceedings. Arbitration does not involve a judge or jury and provides limited appellate review compared to court proceedings.

In addition, this agreement contains disclaimers of warranties, limitations on liability, and a waiver of class action rights. Please read these Terms carefully before accessing or using any part of the Website.

1. Acceptance of Terms and Definitions

The website located at mymentalapp.com, including all content distributed via this website and through our communications, is operated by Latiwara OÜ, a private limited company incorporated under Estonian law, with its registered office at Harju maakond, Tallinn, Haabersti linnaosa, Päevalille tn 6-15, 13517, Estonia, referred to herein as “we,” “us,” “our,” “MyMental,” or the “Company”. The website, services provided, content, tools, and transaction capabilities accessible through mymentalapp.com are collectively referred to as the “Website”.

By accessing and using the Website, you agree to be bound by these Terms of Use, the “Terms”, which create a legally enforceable contract between you and the Company. Please review these Terms carefully prior to using the Website.

2. License Grant and Restrictions

Subject to your full compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and its content solely for your personal, non-commercial use.

You are prohibited from: copying, reproducing, distributing, transferring, including by sale, rental, lending, license, sublicense, download, or otherwise, modifying, creating derivative works from, publicly performing, or publicly displaying any part of the Website or its content except as expressly permitted in these Terms; disrupting servers or networks connected to the Website; employing automated means such as robots or spiders to access the Website; and/or bypassing, disabling, or interfering with security features or usage limitations on the Website or content. Adherence to these restrictions is a condition of your license.

3. Intellectual Property Rights

3.1 Ownership

Your use of the Website is pursuant to a license and does not transfer ownership to you. The Website, including all software and associated intellectual property rights, “IP Rights”, remains the exclusive property of the Company and its licensors. “IP Rights” encompass but are not limited to copyrights, patents, trademarks, trade secrets, service marks, know-how, moral rights, privacy rights, publicity rights, and any other similar rights under Estonian law or applicable international treaties.

We reserve the right to enforce our IP Rights through all available legal remedies under Estonian law, including those analogous to copyright protection and enforcement statutes.

3.2 Content

All materials on the Website, including information, text, images, videos, audio, posts, articles, comments, software, scripts, graphics, interactive features, collectively “Materials”, along with user submissions and trademarks, service marks, and logos, collectively “Marks” and together with Materials and User Submissions, the “Content”, are owned by or licensed to the Company and protected by applicable copyright, trademark, and other IP laws. Other trademarks displayed on the Website are the property of their respective owners.

3.3 Use of Content

The Content is provided “AS IS” and for your personal use only. You acknowledge that your reliance on any Content is at your own risk, and you are solely responsible for any damage or loss resulting from such use. If you download or print Content, you must retain all copyright and proprietary notices. We do not guarantee the accuracy or completeness of any Content.

3.4 Third-Party and Open Source Software

The Website may include third-party or open-source software subject to separate terms, “Third-Party Terms”. We will honor valid requests to exercise rights under such Third-Party Terms. In case of conflict, Third-Party Terms will govern with respect to the applicable software.

4. User Submissions

4.1 Sharing and Responsibility

The Website may allow you and other users to share content such as opinions, feedback, or other information, “User Submissions”. These may be publicly accessible. We do not guarantee confidentiality of User Submissions, whether published or not. You are solely responsible for your User Submissions and the consequences thereof. We reserve the right to monitor, edit, remove, or refuse any User Submissions at our sole discretion without notice. You represent and warrant that your User Submissions are accurate, lawful, non-infringing, and comply with all applicable laws.

4.2 License to User Submissions

By submitting User Submissions, you grant the Company a worldwide, irrevocable, royalty-free, perpetual, sublicensable, transferable, and fully paid license to use, reproduce, distribute, create derivative works from, publicly display, publicly perform, and otherwise exploit such User Submissions in connection with the Website. You waive moral rights to the extent permitted by law. You also grant other users and third parties a non-exclusive right to use such User Submissions consistent with these Terms. You warrant you have all rights necessary to grant these licenses.

5. Payment Terms

5.1 Subscription and Charges

Access to the Website requires payment via subscription, “Subscription”. By purchasing a Subscription, you agree to pay the applicable fees at the prevailing rates, including recurring charges until cancellation. Your Subscription remains active until you cancel or we terminate access per these Terms.

Subscriptions renew automatically on the renewal schedule, monthly, quarterly, or semi-annually, depending on your plan, at the then-current rate. Cancellation instructions are detailed below.

5.2 Refund Policy

Refunds are granted solely at our discretion and pursuant to any Money Back Guarantee set forth on our Website. Generally, purchases are non-refundable and non-exchangeable unless otherwise required by EU consumer protection laws. No partial refunds will be issued for cancellations mid-subscription period. We reserve the right to deny refunds if you have breached these Terms.

For questions, please contact us at admin@mymentalapp.com.

Notice to EU Residents: You have the right to withdraw from this contract under applicable EU consumer protection laws within 14 calendar days of purchase, unless you expressly request immediate performance. If you cancel within this period without justification, you may be entitled to a refund proportional to unused services.

5.3 Canceling Your Subscription

You may cancel your Subscription at any time by emailing admin@mymentalapp.com. You remain responsible for fees incurred through the current subscription period. Access to the Website will continue until the end of the paid period and then terminate without further charges. We reserve the right to cancel your Subscription for non-payment, violation of Terms, or at our discretion. Upon cancellation, you remain liable for all outstanding fees.

6. Privacy

We collect and process personal data as described in our Privacy Policy, available on the Website. You consent to such processing. Some information may be stored locally on your device; securing your device is your responsibility.

7. Warranty Disclaimers

The Website and Content are provided “AS IS” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or quality. We do not guarantee the Website or Content will be error-free, uninterrupted, or meet your expectations.

Certain jurisdictions do not allow the exclusion of implied warranties, so some disclaimers may not apply to you.

8. Limitation of Liability

To the maximum extent permitted by law, the Company and its affiliates shall not be liable for:

Consequential, indirect, special, incidental, or punitive damages;
Loss of profits, business, revenue, or anticipated savings;
Loss or damage to data, reputation, or goodwill;
Costs of substitute goods or services.

Total liability shall not exceed the amount you paid to the Company in the three (3) months prior to the claim. If no payments were made, liability is disclaimed.

Some jurisdictions do not permit limitation of liability for certain damages, so limitations may not apply to you.

These limitations apply even if advised of potential damages or if remedies fail their essential purpose.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, customers, suppliers, and licensors, collectively “Indemnitees”, from any claims, demands, suits, or actions, each a “Claim”, brought by third parties arising out of or related to:

Your use of the Website;
Your breach of these Terms;
Your User Submissions.

You agree to assume control of the defense and settlement of Claims upon our request. We reserve the right to participate or assume defense as we choose. You may not settle Claims without our prior written consent. You shall indemnify Indemnitees for all costs, including reasonable attorney fees and any settlements or judgments.

10. Term and Termination

We may modify, suspend, or terminate your access to the Website or these Terms immediately without notice for any reason. If you disagree with any terms or changes, your sole remedy is to stop using the Website. Upon termination, your license rights end and you must cease all use immediately.

11. Dispute Resolution via Binding Arbitration and Class Action Waiver

Please carefully review this Section 11, which requires arbitration of disputes with MyMental and limits your ability to seek relief.

11.1 Scope

This Arbitration Agreement applies to all disputes between you and MyMental, including agents, affiliates, predecessors, and assigns, regardless of legal theory or timing. Exceptions: small claims court claims within jurisdiction and equitable claims related to intellectual property rights enforcement.

The arbitrator will determine the applicability of arbitration. If some issues are arbitrable and others are not, non-arbitrable claims may be stayed pending arbitration outcomes.

11.2 Informal Resolution

Before starting arbitration, you agree to contact us at admin@mymentalapp.com with a written description of your dispute and contact information. Both parties will attempt good faith negotiations for sixty (60) days before arbitration.

11.3 Arbitration Procedure

If unresolved after 60 days, either party may initiate binding arbitration as the exclusive remedy for disputes related to these Terms or your use of the Website.

Arbitration will be administered by:

An Estonian arbitration institution or a mutually agreed international arbitration provider, applying Estonian law and rules relevant to the dispute; or, if you are an Estonian consumer, arbitration will be conducted under applicable Estonian consumer arbitration regulations.

The rules of the chosen arbitration forum govern except where modified by this Agreement. If the selected forum is unavailable, the parties will agree on an alternative.

11.4 Arbitration Details

To initiate arbitration, follow procedures established by the selected arbitration institution.
Arbitration fees for consumers will be limited, with the Company bearing additional costs if the claim is non-frivolous.
Each party bears its own legal fees unless otherwise required by law or arbitration rules.
Arbitration hearings will be conducted remotely unless an in-person hearing is requested and reasonable.
Confidentiality of proceedings will be maintained, with limited exceptions for enforcement.
Communications with the arbitrator must be shared with all parties; ex parte communications are prohibited.
The arbitrator’s award will be final, binding, and enforceable in courts of competent jurisdiction.

11.5 Class Action Waiver and Jury Trial Waiver

You waive any right to participate in a class or collective arbitration or litigation. Claims must be pursued individually. The arbitrator has no authority to consolidate claims or conduct class proceedings. By agreeing to arbitration, you waive your right to a jury trial and limit your right to appeal.

11.6 Intellectual Property and Small Claims

Notwithstanding arbitration, either party may seek injunctive or other relief in court for intellectual property disputes or pursue claims in small claims court within jurisdictional limits.

11.7 Opt-Out Right

You may opt out of this arbitration agreement by sending an email to admin@mymentalapp.com with the subject “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” within 30 days of first acceptance of these Terms. Your notice must include your full name and clear intent. Opting out means disputes will be resolved under Section 15, Governing Law and Venue. If you opt out, MyMental will also not be bound by arbitration.

11.8 Severability

If any part of this arbitration agreement is unenforceable, that part will be severed without affecting the remainder. Claims that cannot be arbitrated individually must be litigated in court under Section 15. Provisions limiting public injunctive relief will not restrict such relief where permitted by law.

11.9 Survival

This arbitration agreement survives termination of your use of the Website.

12. Survival of Terms

Sections relating to Intellectual Property Rights, Indemnity, Dispute Resolution, and other provisions intended to survive termination shall remain effective after termination of these Terms.

13. Assignment

We may assign these Terms or our rights without your consent or notice. You may not assign your rights or obligations without our prior written consent. Unauthorized assignments are void.

14. Modifications

We reserve the right to amend these Terms at any time by posting changes on the Website. Changes become effective ten (10) days after posting. Continued use constitutes acceptance of the amended Terms. Please review the Terms regularly.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of Estonia, excluding its conflict of law principles.

If any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the courts in Estonia and waive defenses of improper venue or forum non conveniens.

16. Electronic Signature

By clicking buttons such as “GET MY PLAN,” “CONNECT NOW,” “PAY,” “BUY WITH GOOGLE PAY,” “BUY WITH APPLE PAY,” “I ACCEPT,” or “I AGREE,” you provide a legally binding electronic signature, consenting to these Terms and forming a binding contract.

Pursuant to applicable laws, including Estonia’s electronic signature regulations, you agree to the use of electronic records and signatures and waive any rights requiring physical signatures or delivery of paper documents.

For any questions or support, please contact us at admin@mymentalapp.com.

Thank you for choosing MyMental.