Terms of Service

Last Updated: November 10, 2025

These Terms of Service ("Terms") govern your access to and use of the Mentyx.ai platform and services ("Services"). By accessing or using our Services, you agree to be bound by these Terms.

Important: Please read these Terms carefully. They contain important information about your rights and obligations, including limitations on liability and a requirement to arbitrate disputes.

1. Acceptance of Terms

By creating an account, accessing, or using Mentyx.ai, you:

Affirm that you are at least 18 years old and legally able to enter into contracts
Represent that you have authority to bind your organization to these Terms
Agree to comply with all applicable laws and regulations
Accept our Privacy Policy, incorporated by reference

If you do not agree to these Terms, you must not use our Services.

2. Description of Services

Mentyx.ai provides a cloud-based loan origination and management platform that includes:

Loan Origination: Application intake, document processing, underwriting workflows
AI Solutions: Document intelligence, risk scoring, decision automation
Loan Servicing: Portfolio management, payment tracking, collateral monitoring
Collections: Delinquency management, payment monitoring, recovery workflows
Analytics: Reporting, dashboards, performance metrics

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your password confidential and secure
Immediately notify us of any unauthorized access

3.2 Account Responsibility

You are responsible for:

All activities under your account
Actions of any users you authorize
Maintaining the security of your credentials
Compliance with these Terms by all authorized users

3.3 Account Termination

We may suspend or terminate your account if you:

Violate these Terms or applicable laws
Engage in fraudulent or abusive behavior
Fail to pay fees when due
Pose a security or legal risk

4. Acceptable Use Policy

You agree NOT to:

Illegal Activity: Use Services for any unlawful purpose
Unauthorized Access: Attempt to access systems or data without permission
Interference: Disrupt or interfere with Services or servers
Reverse Engineering: Decompile, reverse engineer, or derive source code
Data Scraping: Use automated tools to extract data without consent
Misrepresentation: Impersonate others or provide false information
Harmful Content: Upload malware, viruses, or malicious code
Excessive Use: Abuse system resources or exceed reasonable usage limits
Resale: Resell or redistribute Services without written permission

5. Fees and Payment

5.1 Subscription Fees

You agree to pay all fees specified in your subscription plan:

Fees are charged in advance on a monthly or annual basis
Prices are subject to change with 30 days' notice
All fees are non-refundable except as required by law
Payment is due upon invoice receipt unless otherwise agreed

5.2 Late Payment

If payment is not received when due:

We may charge interest at 1.5% per month (18% annually) or the maximum permitted by law
We may suspend Services until payment is received
You remain responsible for all fees incurred during suspension

5.3 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and governmental charges except taxes based on our net income.

6. Data and Intellectual Property

6.1 Your Data

You retain all rights to data you submit ("Customer Data"). You grant us a limited license to:

Process Customer Data to provide Services
Use aggregated, de-identified data for analytics and improvements
Back up data for disaster recovery purposes

You represent and warrant that:

You have rights to provide Customer Data
Customer Data does not violate any laws or third-party rights
You have obtained necessary consents for data processing

6.2 Our Intellectual Property

We retain all rights to:

The Mentyx.ai platform, software, and technology
Our trademarks, logos, and branding
Documentation, training materials, and content
Algorithms, AI models, and methodologies

You receive a limited, non-exclusive, non-transferable license to use Services during your subscription term.

6.3 Feedback

If you provide feedback or suggestions, we may use them without compensation or attribution.

7. Data Security and Privacy

We implement reasonable security measures to protect your data, including:

AES-256 encryption at rest and TLS 1.3 in transit
SOC 2 Type II certified infrastructure
Role-based access controls and audit logging
Regular security audits and penetration testing

However, no system is 100% secure. You acknowledge that:

We cannot guarantee absolute security
You use Services at your own risk
You are responsible for implementing your own security measures

For full details, see our Privacy Policy.

8. Service Level Agreement (SLA)

8.1 Uptime Commitment

We commit to 99.5% uptime (monthly basis), excluding:

Scheduled maintenance (announced 48 hours in advance)
Force majeure events
Issues caused by your actions or third-party services
Internet connectivity problems beyond our control

8.2 Support

Support levels vary by plan:

Standard: Email support, 24-hour response time
Professional: Email and chat, 12-hour response time
Enterprise: Priority support, 2-hour response time, dedicated account manager

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that Services will perform substantially as described in our documentation.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

Merchantability or fitness for a particular purpose
Non-infringement or error-free operation
Uninterrupted or secure access
Accuracy or completeness of AI-generated outputs

YOU ACKNOWLEDGE THAT:

AI features may produce inaccurate or incomplete results
You must review and validate all automated decisions
Services are tools to assist, not replace, human judgment
We are not responsible for lending decisions made using our platform

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 Exclusion of Damages
WE SHALL NOT BE LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages
Lost profits, revenue, data, or business opportunities
Cost of substitute services
Damages arising from third-party actions or services

10.2 Liability Cap
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

Fees paid by you in the 12 months preceding the claim, OR
$10,000 USD

10.3 Exceptions
These limitations do not apply to:

Our gross negligence or willful misconduct
Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Violations of applicable law that cannot be limited

11. Indemnification

You agree to indemnify, defend, and hold harmless Mentyx.ai, its affiliates, and personnel from claims arising from:

Your use of Services or violation of these Terms
Customer Data or your lending decisions
Violation of any law or third-party rights
Actions of users you authorize

12. Term and Termination

12.1 Term

These Terms begin when you first access Services and continue until terminated.

12.2 Termination by You

You may terminate by:

Providing 30 days' written notice
Canceling your subscription through account settings
Paying all outstanding fees

12.3 Termination by Us

We may terminate immediately if you:

Materially breach these Terms
Fail to pay fees within 30 days of due date
Engage in prohibited activities
Pose a legal or security risk

12.4 Effects of Termination

Upon termination:

Your access to Services will cease
You must pay all outstanding fees
You have 30 days to export Customer Data
We may delete your data after 30 days
Provisions that should survive will remain in effect

13. Dispute Resolution

13.1 Governing Law

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

13.2 Arbitration

Any disputes shall be resolved through binding arbitration in Dublin, Ireland, under the rules of the Irish Arbitration Act, except:

Small claims court disputes
Intellectual property disputes
Injunctive relief requests

13.3 Class Action Waiver

You agree to resolve disputes individually, not as part of a class action or collective proceeding.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any signed Order Forms, constitute the entire agreement and supersede all prior agreements.

14.2 Modifications

We may modify these Terms with 30 days' notice. Continued use after changes constitutes acceptance.

14.3 Assignment

You may not assign these Terms without our written consent. We may assign without consent.

14.4 Severability

If any provision is found invalid, the remaining provisions remain in effect.

14.5 Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

14.6 Force Majeure

Neither party is liable for delays caused by events beyond reasonable control (natural disasters, war, strikes, government actions).

14.7 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, or employment relationship.

14.8 Export Compliance

You agree to comply with all export and import laws. You represent that you are not located in an embargoed country or on any government restricted party list.

15. Contact Information

For questions about these Terms:

Mentyx.ai Legal Department
Email: legal@mentyx.ai
Mail: Mentyx.ai, Dublin, Ireland