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Terms of Service

Last updated:  07/16/2026

1. Welcome to Mendful
 

Mendful exists to help people navigate interpersonal conflict with greater understanding, connection, and clarity. Conflict is a normal part of human relationships, and with the right support, it can engender stronger relationships and continued growth rather than division and harm.
 

These Terms of Service ("Terms") govern your access to and use of Mendful's website, platform, applications, and related services (collectively, the Platform), including conflict coaching, facilitated conversations, educational programs, workshops, public broadcasts, coach training, and related offerings (collectively, the Services).
 

By creating an account, scheduling or participating in a Service, accessing the Platform, or otherwise using any part of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform or the Services. These Terms form a legally binding agreement between you and Mendful.
 

Commitment to participants

We are committed to treating participants with dignity, protecting their privacy, communicating honestly, charging transparently, and continually improving our Services. We ask participants to extend those same commitments to dignity, privacy, and honesty to one another.
 

2. Definitions
 

For purposes of these Terms, the following definitions apply:
 

Coach means a Mendful coach, facilitator, instructor, trainer, employee, contractor, or other individual authorized by Mendful to provide or support the Services.
 

Types of sessions — Mendful offers three types of sessions with different privacy levels:
 

  • Confidential sessions — our default type of session booked through the platform. Confidential sessions are Mendful's standard conflict resolution sessions coaching services that are intended to remain private and are not recorded unless each participant has provided prior written consent. Confidential sessions (the default when you book on our platform) are different from Instructional sessions (for internal use only, teaching Mendful coaches) or Public sessions (e.g., videos you see on social media)
     

  • Instructional sessions are sessions that participants voluntarily agree may be observed or recorded for internal education, coach training, supervision, quality improvement, or other internal purposes described in a separate consent agreement. Instructional sessions are different from Confidential sessions (the default when you book on our platform) or Public sessions (e.g., videos you see on social media)
     

  • Public sessions means Mendful's voluntary public coaching program through which participants may choose to have sessions recorded and publicly shared (e.g., on social media) pursuant to a separate written consent agreement. These public sessions are different from Confidential sessions (the default when you book on our platform), or Instructional sessions (for internal use only, teaching Mendful coaches).
     

Participant means any individual who creates an account, purchases, schedules, joins, observes, or otherwise participates in a Mendful Service.
 

Platform means Mendful's website, applications, software, scheduling systems, video technology, communication tools, and any other technology used to provide the Services.
 

Services means all products and services offered by Mendful, including conflict coaching, facilitated conversations, educational offerings, workshops, public programs, training, digital content, and related services.
 

"Mendful," "we," "our," and "us" refer to Mendful, Inc., together with its successors and assigns.
 

3. Guiding principles
 

These guiding principles describe the spirit in which Mendful provides its Services. They are intended to help participants understand what they can expect from us, and what we ask of one another in return.
 

Respect

Every participant deserves to be treated with dignity, regardless of the nature of the conflict or the outcome of the conversation.
 

Empathy before agreement

Mendful seeks to help participants connect with themselves and one another through empathy. We see this connection as intrinsically valuable, even if agreement on next steps is not reached within a given session. However, our experience shows us that participants are far more likely to reach an agreement that works for everyone if they empathize with one another first.
 

Willingness to engage

Mendful works best when participants bring a willingness to engage with the process we facilitate.
 

No guaranteed outcomes

Every conflict involves unique people, histories, circumstances, and choices. Because the outcome ultimately depends on the participants themselves, Mendful cannot guarantee any particular result. Our commitment is to provide skilled facilitation, thoughtful guidance, and a respectful process—not a predetermined outcome.
 

These guiding principles are intended to describe Mendful's approach to providing the Services. They do not create independent legal obligations beyond those described elsewhere in these Terms.
 

4. What Mendful is — and what it isn't
 

What Mendful is:
 

Mendful provides human-led conflict coaching and facilitated conversations designed to help people better understand themselves and one another, improve communication, explore options, and work toward mutually acceptable outcomes. Our Services may include support for individuals, pairs, families, friends, neighbors, coworkers, business partners, organizations, and other groups seeking assistance with interpersonal conflict.
 

Mendful may also provide educational content, workshops, public coaching demonstrations, coach training, digital resources, and related programs designed to improve conflict resolution and communication skills.
 

What Mendful is not:
 

Unless expressly stated otherwise in writing, Mendful's Services are not:

  • Psychotherapy, counseling, or mental health treatment;

  • Medical diagnosis, medical advice, or healthcare;

  • Legal advice or legal representation;

  • Arbitration or judicial dispute resolution;

  • Financial, tax, or investment advice;

  • Crisis intervention;

  • Emergency services.
     

Participation in Mendful does not create a physician-patient, therapist-client, attorney-client, fiduciary, mediator-party, or other legally recognized professional relationship unless expressly established by a separate written agreement. Nothing in the Services should be understood as encouraging participants to remain in any relationship that they believe is unsafe, abusive, or otherwise contrary to their well-being.
 

Participants remain solely responsible for their own decisions, actions, agreements, relationships, and conduct before, during, and after using the Services.
 

5. Eligibility
 

To use Mendful's Services, you must:

  • Be at least eighteen (18) years old, unless participation by a minor is expressly permitted with the legally valid consent of a parent or legal guardian;

  • Have the legal capacity to enter into a binding agreement;

  • Provide accurate and current account information;

  • Comply with these Terms and all applicable laws; and

  • Participate voluntarily.
     

If you are consenting on behalf of a minor or another individual, you represent that you have the legal authority to do so.
 

Mendful may request information reasonably necessary to verify eligibility or identity before providing Services.
 

Mendful reserves the right to refuse, suspend, or terminate Services if we reasonably believe that these eligibility requirements have not been satisfied or that participation would violate applicable law.
 

5A. Reliance on participant representations
 

Mendful provides its Services based on information voluntarily provided by participants. We are entitled to reasonably rely on the accuracy and completeness of that information unless we have reason to believe it is materially inaccurate.
 

Participants are responsible for the truthfulness and completeness of information they provide regarding their identities, relationships, authority to participate, and other matters relevant to the Services. Mendful is not responsible for decisions made in reasonable reliance on materially inaccurate or misleading information supplied by participants.
 

6. Appropriate use of the Services
 

Mendful is designed for people who genuinely wish to improve communication, better understand one another, or explore constructive ways of addressing interpersonal conflict.
 

The Services may be appropriate for matters including:

  • Relationship conflict;

  • Family issues;

  • Friendships;

  • Neighborhood disputes;

  • Workplace or professional disagreements;

  • Communication challenges;

  • Business partnerships;

  • Interpersonal misunderstandings;

  • Conflict prevention;

  • Relationship repair; and

  • Other interpersonal conflicts that participants wish to address through facilitated conversation.
     

The Services are voluntary. Participants are free to discontinue participation at any time, subject to any applicable cancellation or refund policies.
 

7. Situations in which Mendful may decline or discontinue Services
 

Although Mendful seeks to help people through difficult conflicts, some situations require services beyond the scope of what we provide. Accordingly, Mendful may decline, postpone, suspend, terminate, or refuse to continue Services whenever we reasonably believe that participation would be unsafe, unlawful, inappropriate, or unlikely to be constructive.
 

Examples include, but are not limited to:

  • Imminent threats of violence;

  • Ongoing domestic violence or coercive control;

  • Credible threats toward another person;

  • Stalking or intimidation;

  • Active suicidal intent or other psychiatric emergencies;

  • Influence of alcohol or other drugs;

  • Circumstances requiring immediate law enforcement, medical care, or emergency intervention;

  • Repeated harassment or abusive conduct toward another participant or a Mendful coach;

  • Repeated refusal to participate in a manner consistent with these Terms; or

  • Any circumstance in which Mendful reasonably concludes that another type of professional assistance would be more appropriate.
     

Mendful may recommend that participants seek assistance from a physician, mental health professional, attorney, mediator, financial advisor, domestic violence resource, emergency responder, or another qualified professional or organization when appropriate.
 

A decision to decline or discontinue Services does not constitute a professional diagnosis, legal opinion, or judgment regarding any participant or the underlying conflict.
 

8. Emergencies and safety
 

Mendful is designed to help people navigate interpersonal conflict through facilitated conversation. It is not an emergency service.
 

If you or another person is in immediate danger, experiencing a medical emergency, having thoughts of suicide, or requires immediate intervention by law enforcement or emergency responders, do not use the Platform. Instead, contact 911 or your local emergency services immediately.
 

If, during the course of providing Services, Mendful reasonably believes that a participant presents an imminent risk of serious harm to themselves or another person, we may end the session and take any actions we reasonably believe are necessary to protect the safety of those involved, including contacting emergency services or other appropriate authorities where permitted or required by law.
 

Mendful reserves the right to decline or discontinue Services whenever we reasonably believe another type of professional assistance is more appropriate.
 

Nothing in these Terms creates a duty for Mendful to monitor participants outside scheduled Services or to intervene in emergencies beyond what is required by applicable law. However, Mendful coaches who are licensed professionals, who are bound by reporting agreements as part of their licensure, may be bound by those same reporting agreements, depending on the requirements of their licensure.
 

9. Confidentiality and recording
 

Confidential services
Protecting participants' privacy is one of Mendful's highest priorities. Our standard conflict coaching Services are confidential. Confidential sessions are not recorded by default.
 

Mendful will never intentionally record a confidential session unless every participant whose voice or image would be recorded has first provided informed consent. Choosing not to be recorded will never affect a participant's ability to receive Mendful's confidential Services.
 

Although Mendful is committed to maintaining confidentiality, communications with Mendful generally are not protected by attorney-client privilege, psychotherapist-patient privilege, or other legally recognized privileges.
 

Mendful may disclose information only when:

  • Required by applicable law;

  • Necessary to comply with a valid court order or other lawful legal process;

  • Reasonably believed necessary to help prevent imminent serious harm; or

  • Otherwise authorized by the participant.
     

Participants are likewise expected to respect one another's privacy. Except as required by law, participants should not disclose information learned during a session without the consent of the other participant(s).
 

While Mendful expects participants to respect one another's confidentiality, Mendful cannot control or guarantee the conduct of participants after a session and is not responsible for disclosures made by participants that are outside Mendful's reasonable control.
 

Public Conflict Coaching Program

Separate from its confidential Services, Mendful operates a Public Conflict Coaching Program with Public sessions through which individuals or pairs may voluntarily choose to have their conflict coaching sessions recorded and publicly shared for educational, informational, promotional, or public engagement purposes, including through social media, podcasts, broadcasts, websites, and other media.
 

Participation in the Public Conflict Coaching Program is entirely voluntary.
 

No participant will be recorded or publicly featured without first signing a separate written consent agreement specifically authorizing that recording and describing how it may be used.
 

Participation in the Public Conflict Coaching Program is never required to receive Mendful's confidential Services.
 

Instructional events (such as 1-hour workshops)

Mendful may also conduct instructional sessions for internal education, coach training, supervision, quality improvement, or research. These sessions are typically recorded and made available on the website, and announced as such at the beginning of each event.
 

Those who do not wish to be recorded may turn off their camera, or leave the event.  Any use of video footage from these events other than making the recording available on the website shall take place only with the prior written consent of every participant.
 

Participant recordings

Participants may not audio record, video record, photograph, livestream, screen-record, or otherwise capture any Mendful session without the prior written consent of every participant and the Mendful coach. Unauthorized recording may result in the immediate termination of the session, suspension of access to the Platform, termination of future Services, or other remedies available under applicable law.
 

10. Scheduling, sessions, and participation
 

Participants are responsible for scheduling Services through the Platform.
 

Participants are responsible for joining scheduled sessions on time using the video technology designated by Mendful.
 

If technical difficulties interfere with a session, Mendful will make reasonable efforts to reconnect or reschedule the session when appropriate. However, Mendful cannot guarantee uninterrupted availability of internet services, video technology, third-party platforms, or other technology outside our reasonable control.
 

Either a participant or a Mendful coach may end a session at any time.
 

A participant's decision to leave a session does not automatically entitle that participant to a refund. Refunds, cancellations, credits, and rescheduling are governed by Mendful's Refund Policy.
 

When a Service involves more than one participant:

  • Each participant participates voluntarily;

  • Each participant is responsible for their own statements, decisions, and conduct;

  • No participant may consent on behalf of another unless legally authorized to do so; and

  • Each participant must independently agree to these Terms and any applicable consent agreements.
     

Mendful reserves the right to establish reasonable policies regarding session length, scheduling, lateness, attendance, cancellations, rescheduling, technology requirements, participant conduct, and other operational matters. Those policies are incorporated into these Terms by reference.
 

11. The role of Mendful coaches
 

Mendful coaches facilitate conversations designed to help participants empathize with themselves and one another, improve communication, explore options, and work toward constructive outcomes that work for everyone.
 

A Mendful conflict resolution session slows down the ways we typically talk in conflict to quickly surface the “heart” of the matter. They translate stories, judgments, evaluations, positions, and so on into the feelings, needs, desires, and values underneath. They may interrupt a participant to do this, in the interest of helping to surface what’s underneath our typical ways of talking, to help both participants more easily unravel the conflict. This in turns helps facilitate a path forward that both people can at least willingly agree to, if not embrace wholeheartedly. 
 

Coaches do not:

  • Determine facts;

  • Decide who is right or wrong;

  • Assign blame;

  • Advocate for one participant over another;

  • Impose solutions;

  • Make legal determinations; or

  • Render professional opinions outside the scope of Mendful's Services.

Participants remain free to accept, reject, modify, or disregard any invitations offered during a session.
 

Nothing said or done by a Mendful coach should be understood as legal advice, medical advice, psychological diagnosis, financial advice, or any other licensed professional service unless expressly stated otherwise in a separate written agreement.
 

12. Assumption of risk and no guaranteed outcomes
 

Conflict can involve emotionally difficult conversations, disagreement, disappointment, unexpected discoveries, changes in relationships, or decisions that participants may later reconsider.
 

By choosing to participate in Mendful's Services, participants acknowledge that these are ordinary and foreseeable aspects of engaging in meaningful conversations about interpersonal conflict.
 

Participation in Mendful's Services is voluntary, and each participant accepts responsibility for deciding whether and how to participate.
 

Mendful cannot and does not guarantee:

  • Reconciliation;

  • Agreement;

  • Improved communication;

  • Repaired relationships;

  • Behavioral change by another participant;

  • Settlement of disputes;

  • Emotional healing;

  • Personal satisfaction; or

  • Any other particular outcome.
     

Our commitment is to provide thoughtful, skilled facilitation consistent with the principles described in these Terms. Each participant remains solely responsible for the decisions they make before, during, and after using the Services.
 

13. Accounts and payments
 

Participants may be required to create an account in order to access certain Services or features of the Platform.
 

You agree to provide accurate, current, and complete information when creating an account, scheduling Services, making purchases, or otherwise interacting with Mendful. You agree to promptly update your information if it changes.
 

You are responsible for maintaining the confidentiality of your account credentials, and for all activity that occurs within your account.
 

Do not:

  • Create an account using false or misleading information;

  • Allow another person to use your account without authorization;

  • Impersonate another individual or organization; or

  • Attempt to access accounts or information belonging to others.
     

Mendful reserves the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been created or used fraudulently, unlawfully, or in a manner that threatens the security or integrity of the Platform.
 

Fees

Fees for Services are described on the Platform or are otherwise communicated before you schedule or purchase a Service.
 

By purchasing a Service, you authorize Mendful and its third-party payment processors to charge the payment method you provide for:

  • Applicable fees;

  • Taxes, where required;

  • Cancellation fees or other charges authorized by these Terms or Mendful's published policies; and

  • Any other amounts you expressly authorize.
     

Unless otherwise stated, all fees are quoted in U.S. dollars.
 

Third-party payment processors

Payments may be processed through one or more independent third-party payment processors.
 

Mendful does not receive or store complete payment card information and is not responsible for the security, availability, policies, or performance of third-party payment processors. Your use of those services may also be subject to the payment processor's own terms and privacy policy.
 

Refunds and cancellations

Refunds, cancellations, rescheduling, subscription terms, credits, promotional offers, and similar matters are governed by Mendful's Refund Policy and any pricing or purchase terms presented at the time a Service is purchased.
 

If there is a conflict between these Terms and an express written pricing agreement entered into between you and Mendful, we will default to the written pricing agreement with respect to that purchase.
 

Failed payments

If a payment cannot be completed for any reason, Mendful may:

  • Request an alternative payment method;

  • Suspend future Services until payment is received;

  • Cancel pending appointments;

  • Revoke promotional pricing or discounts associated with the unpaid purchase; or

  • Pursue other remedies permitted by law.
     

Participants remain responsible for all authorized charges incurred through their accounts.
 

Chargebacks

If you dispute a charge through your financial institution or payment provider ("chargeback"), Mendful reserves the right to suspend access to the Platform while the dispute is pending.
 

Nothing in this section limits your rights under applicable consumer protection laws to dispute unauthorized or fraudulent charges.
 

Pricing changes

Mendful may change its prices from time to time. Price changes will not affect Services that have already been purchased unless otherwise permitted by applicable law or agreed to by the participant. Subscription pricing, if offered in the future, may be modified upon reasonable advance notice consistent with applicable law.
 

Taxes

Participants are responsible for any applicable sales, use, value-added, or similar taxes associated with their purchases, except for taxes based on Mendful's income.
 

14. Participant responsibilities
 

Participants are responsible for using the Platform and Services lawfully, respectfully, and in a manner consistent with these Terms and Mendful's guiding principles.
 

You agree to:

  • Provide accurate, current, and complete information.

  • Maintain the security and confidentiality of your account credentials.

  • Comply with all applicable laws and regulations.

  • Respect the dignity, privacy, and rights of other participants.

  • Participate in a manner consistent with the guiding principles described in Section 3.

  • Follow reasonable instructions provided by Mendful coaches regarding the orderly conduct of sessions.

  • Use the Platform only for its intended purposes.
     

You agree not to:

  • Impersonate another person or organization.

  • Provide knowingly false or misleading information.

  • Harass, threaten, intimidate, or abuse another participant, coach, or Mendful representative.

  • Disrupt or intentionally interfere with a session.

  • Upload or transmit malicious software or harmful code.

  • Attempt to gain unauthorized access to the Platform or its underlying systems.

  • Circumvent security features or access restrictions.

  • Use the Platform for unlawful purposes.

  • Use the Services to stalk, harass, discriminate against, exploit, or intentionally harm another person.

  • Violate another person's intellectual property, privacy, publicity, or other legal rights.
     

Participants remain solely responsible for the accuracy of information they choose to share with Mendful or with other participants.
 

Mendful may suspend or terminate access to the Platform if we reasonably believe that a participant has materially violated these Terms or is using the Services in a manner that is unlawful, unsafe, fraudulent, abusive, or substantially disruptive.
 

15. Participant materials
 

Participants may choose to provide documents, photographs, screenshots, emails, text messages, written communications, contracts, or other materials in connection with the Services ("Participant Materials"). Participants retain ownership of their Participant Materials.
 

By providing Participant Materials to Mendful, you grant Mendful a limited, non-exclusive, royalty-free license to access, store, reproduce, display, transmit, and otherwise use those materials solely as reasonably necessary to:

  • Provide the Services;

  • Operate and improve the Platform;

  • Maintain business records;

  • Comply with legal obligations; and

  • Exercise rights granted under these Terms.
     

Except as described in these Terms, our Privacy Policy, or a separate written agreement, Mendful will not use Participant Materials for marketing, advertising, or public distribution without your express written consent. You represent that you have the legal right to provide any Participant Materials you submit and that doing so does not violate another person's rights.
 

Mendful is not responsible for verifying the accuracy, completeness, authenticity, or legality of Participant Materials supplied by participants.
 

16. Intellectual property
 

The Platform, the Services, and all content made available by Mendful — including text, graphics, logos, trademarks, service marks, software, educational materials, worksheets, training materials, methodologies, frameworks, session structures, videos, audio, graphics, AI-assisted content, and other original works — are owned by or licensed to Mendful and are protected by applicable intellectual property laws.
 

These Terms grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform solely for your personal participation in the Services.
 

Except as expressly permitted by these Terms or by applicable law, you may not:
 

  • Copy, reproduce, distribute, modify, translate, publish, display, perform, or create derivative works from Mendful content.

  • Reverse engineer, decompile, or attempt to extract the source code of the Platform.

  • Use Mendful's trademarks, logos, branding, or trade dress without prior written permission.

  • Sell, sublicense, or commercially exploit any portion of the Platform or Services.

  • Use Mendful's methodologies, training materials, or educational content to develop competing products or services without written authorization.
     

Nothing in these Terms transfers ownership of any intellectual property rights from Mendful to participants.
 

Suggestions or feedback voluntarily provided to Mendful regarding the Platform or Services may be used by Mendful without restriction or compensation, and Mendful will own any resulting improvements, modifications, or derivative works.
 

17. Privacy
 

Your privacy is important to us.
 

Mendful collects, uses, stores, and shares personal information as described in our Privacy Policy. By using the Platform, you acknowledge that you have reviewed the Privacy Policy and consent to the collection and use of your information as described there.
 

While Mendful uses commercially reasonable administrative, technical, and organizational safeguards to protect personal information, no method of electronic transmission or storage can be guaranteed to be completely secure.
 

Accordingly, Mendful cannot guarantee absolute security and disclaims liability for unauthorized access or disclosure except to the extent resulting from Mendful's failure to comply with applicable law.
 

18. Beta services and evolving features
 

Mendful is an evolving platform. From time to time, we may introduce new features, technologies, coaching approaches, educational offerings, AI-assisted tools, or other Services that are identified as beta, pilot, preview, experimental, or otherwise under evaluation ("Beta Services").
 

Beta Services are offered to help Mendful evaluate and improve new capabilities before broader release.

Because Beta Services are still being developed and tested, they may:

  • Contain errors or unexpected behavior.

  • Be modified or discontinued without notice.

  • Change in functionality or availability.

  • Produce incomplete or unexpected results.

  • Be subject to additional participation requirements.
     

Participants are not required to use Beta Services. Unless otherwise stated, Beta Services are provided on an "as available" basis without additional warranties beyond those described elsewhere in these Terms.
 

Mendful may collect feedback regarding Beta Services in order to improve future versions of the Platform and Services.
 

19. Disclaimer of warranties
 

Mendful strives to provide thoughtful, professional, and reliable Services. However, conflict resolution depends upon many factors beyond our control, including the willingness, honesty, participation, decisions, circumstances, and conduct of the people involved.
 

Accordingly, to the fullest extent permitted by applicable law, the Platform and Services are provided on an "as is" and "as available" basis.
 

Except as expressly stated in these Terms, Mendful disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, compatibility, security, or uninterrupted operation.
 

Without limiting the foregoing, Mendful does not warrant that:

  • The Platform will always be available, uninterrupted, secure, or error-free.

  • The Services will meet every participant's expectations or objectives.

  • Technical problems will never occur.

  • Participants will reach agreement, reconciliation, or improved communication.

  • Any participant will honor commitments made during or after a session.

  • Information or suggestions provided during a session will produce any particular outcome.

  • The Platform will always be free from viruses or other harmful components, although Mendful uses commercially reasonable measures to reduce such risks.
     

Nothing in these Terms excludes warranties or rights that cannot legally be excluded under applicable law.
 

20. Limitation of liability
 

To the fullest extent permitted by applicable law, Mendful, its affiliates, officers, directors, employees, contractors, coaches, licensors, service providers, successors, and assigns shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages arising out of or relating to the Platform or the Services.
 

This limitation applies regardless of the legal theory asserted, including contract, tort, negligence, strict liability, statutory liability, or otherwise, and regardless of whether Mendful has been advised of the possibility of such damages.
 

Without limitation, Mendful shall not be liable for:

  • Lost profits, revenue, business opportunities, or goodwill.

  • Emotional distress or mental anguish arising from participation in the Services.

  • Loss of data or interruption of business.

  • The acts, omissions, statements, or conduct of participants or third parties.

  • Decisions made by participants before, during, or after a session.

  • Relationship outcomes, including reconciliation, separation, divorce, business dissolution, or other personal decisions.

  • The availability or performance of third-party technology providers.
     

To the fullest extent permitted by law, Mendful's total cumulative liability arising out of or relating to the Platform or the Services shall not exceed the greater of:
 

  • The total amount paid by the participant to Mendful during the twelve (12) months immediately preceding the event giving rise to the claim; or

  • One hundred U.S. dollars (US $100).
     

Nothing in these Terms limits liability that cannot legally be limited under applicable law, including liability arising from fraud, willful misconduct, or any other liability that applicable law prohibits from being waived or limited.
 

21. Indemnification
 

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Mendful, its affiliates, officers, directors, employees, coaches, contractors, licensors, successors, and assigns from and against any claims, demands, actions, liabilities, damages, judgments, settlements, losses, costs, and reasonable attorneys' fees arising out of or relating to:
 

  • Your violation of these Terms.

  • Your unlawful use of the Platform or Services.

  • Your infringement or violation of another person's rights.

  • Participant Materials or other information you provide through the Platform.

  • Your negligent, reckless, fraudulent, or intentional misconduct.
     

This obligation does not apply to the extent a claim results from Mendful's own negligence, willful misconduct, or violation of applicable law.
 

Mendful reserves the right, at its own expense, to assume the exclusive defense of any matter otherwise subject to indemnification. In that event, you agree to cooperate reasonably in that defense.
 

22. Force majeure
 

Mendful shall not be liable for any delay, interruption, or failure to perform its obligations under these Terms when such delay or failure results from causes beyond Mendful's reasonable control.
 

Such events may include, without limitation:
 

  • Natural disasters.

  • Fire, flood, earthquake, or severe weather.

  • Pandemics or public health emergencies.

  • War, terrorism, civil unrest, or labor disputes.

  • Government orders or actions.

  • Power failures or internet outages.

  • Failures of third-party technology providers or telecommunications services.

  • Cybersecurity incidents or other events beyond Mendful's reasonable control.
     

Mendful will make commercially reasonable efforts to resume providing the Services as soon as reasonably practicable following the conclusion of the force majeure event.
 

23. Suspension and termination
 

Mendful reserves the right to suspend, restrict, or terminate access to the Platform or Services at any time if we reasonably believe that doing so is necessary to:

  • Protect the safety of participants or coaches.

  • Protect the integrity or security of the Platform.

  • Prevent fraud or unlawful activity.

  • Investigate suspected violations of these Terms.

  • Comply with applicable law or legal process.

  • Protect Mendful's legal rights or property.
     

Grounds for suspension or termination may include, without limitation:

  • Material violations of these Terms.

  • Repeated abusive or disruptive behavior.

  • Fraudulent or deceptive conduct.

  • Failure to pay applicable fees.

  • Unauthorized recording or distribution of confidential sessions.

  • Misuse of the Platform or Services.

  • Conduct that creates a substantial risk of harm to another person or to Mendful.
     

Where reasonably practicable, Mendful may provide notice before suspending or terminating Services. However, Mendful may act immediately whenever we reasonably believe immediate action is necessary to protect participants, coaches, the Platform, or the public.
 

Termination of these Terms does not affect any rights or obligations that accrued before termination, including payment obligations, confidentiality obligations, intellectual property rights, indemnification obligations, dispute resolution provisions, or any other provisions that by their nature are intended to survive termination.
 

24. Dispute resolution
 

Informal resolution

Mendful believes that most disagreements are best resolved through direct communication.
 

Before initiating arbitration or filing a legal claim, both you and Mendful agree to make a good-faith effort to resolve any dispute informally.
 

A party wishing to initiate a dispute must first provide written notice describing:

  • The nature of the dispute;

  • The relevant facts;

  • The relief requested; and

  • The contact information for the requesting party.
     

The parties will have thirty (30) days after receipt of the notice to attempt to resolve the matter informally, unless both parties agree to extend that period.
 

Nothing in this section prevents either party from seeking temporary injunctive relief when necessary to prevent immediate and irreparable harm.

Binding arbitration
 

If a dispute cannot be resolved informally, it shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect.
 

Arbitration shall take place in Sonoma County, California, unless:

  • The parties mutually agree to another location;

  • The arbitration is conducted remotely; or

  • Applicable law requires another venue.
     

The arbitrator shall have authority to award any remedy available under applicable law, except where these Terms lawfully limit available remedies.

Each party waives any right to trial by jury to the fullest extent permitted by law.
 

Class action waiver

To the fullest extent permitted by law, all disputes shall be resolved solely on an individual basis.
 

Neither you nor Mendful may participate in:

  • A class action;

  • A collective action;

  • A representative action; or

  • Any proceeding in which claims are combined with those of other participants.
     

If applicable law prohibits enforcement of this waiver for a particular claim, that claim shall proceed only to the extent required by law.
 

Exceptions

Nothing in this section prevents:

  • Individual claims brought in small claims court where permitted;

  • Claims that applicable law prohibits from being subject to mandatory arbitration;

  • Actions seeking temporary injunctive relief to protect intellectual property, confidential information, or other rights requiring immediate protection.
     

Right to opt out

You may opt out of this arbitration agreement by providing written notice to Mendful within thirty (30) days after first accepting these Terms. Opting out affects only the arbitration provisions of this section and does not affect the remainder of these Terms.
 

25. Governing law
 

These Terms shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles.
 

Except where arbitration applies, any legal proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in California. Each party consents to the jurisdiction of those courts. Nothing in these Terms limits any consumer rights that cannot legally be waived under applicable law.
 

26. Changes to the Platform and these Terms
 

Mendful continually improves and evolves its Platform and Services.
 

Accordingly, we reserve the right to:

  • Modify, improve, expand, suspend, or discontinue portions of the Platform or Services;

  • Introduce new features or technologies;

  • Retire existing functionality; and

  • Update operational policies and procedures.
     

Mendful may also revise these Terms from time to time to reflect changes in our Services, business practices, legal obligations, or applicable law. If we make material changes, we will provide reasonable notice through the Platform, by email, or through another appropriate communication method.
 

Your continued use of the Platform after revised Terms become effective constitutes acceptance of those revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Platform and Services.
 

27. Miscellaneous
 

These Terms constitute the entire agreement between you and Mendful concerning the Platform and Services and supersede all prior or contemporaneous agreements relating to the same subject matter.
 

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
 

Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.
 

Mendful may assign or transfer these Terms, in whole or in part, in connection with:

  • A merger;

  • An acquisition;

  • A corporate reorganization;

  • The sale of substantially all of its assets; or

  • Another lawful business transaction.
     

Participants may not assign or transfer their rights or obligations under these Terms without Mendful's prior written consent.
 

Electronic records, electronic signatures, and electronic acceptance of these Terms shall have the same legal force and effect as handwritten signatures to the fullest extent permitted by applicable law.
 

Section headings are provided solely for convenience and do not affect interpretation of these Terms.
 

The following provisions survive termination of these Terms:

  • Confidentiality;

  • Payment obligations;

  • Intellectual property;

  • Disclaimers;

  • Limitation of liability;

  • Indemnification;

  • Dispute resolution;

  • Governing law; and

  • Any other provision that by its nature is intended to survive termination.
     

28. Contact information


Questions regarding these Terms or the Services may be directed to:

Mendful, Inc.

8930 Sonoma Highway #107

Kenwood, California 95452 USA

info@mendful.world

If you believe another participant has violated these Terms, or if you have concerns regarding the safety, security, or operation of the Platform, please contact Mendful promptly so that we may review the matter.

Thank you for placing your trust in Mendful. Conflict is a natural part of life, and we appreciate the opportunity to support people who choose to approach it with courage, openness, and respect.

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