Terms of Service

1. Introduction

Welcome to MentionMate ("Company", "we", "our", "us")! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service ("Terms", "Terms of Service") govern your use of our web application located at https://mentionmate.io operated by Trendlaboratories Ltd. Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web application. Please read it here https://mentionmate.io/privacy.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@mentionmate.io so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service. Thank you for being responsible.

2. Communication

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@mentionmate.io.

3. Purchases

If you wish to purchase any product or service made available through Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

We reserve the right to refuse or cancel your order at any time if we consider you have attempted to abuse our system. Such abuse includes, but is not limited to: starting multiple free trials, attempting to obtain several or unreasonable discounts on the product, and overall failure to pay for our product and services.

4. Subscriptions

Some parts of Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or mentionmate cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting mentionmate customer support team.

A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide mentionmate with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize mentionmate to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, mentionmate will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If you are eligible to a discount, know that you cannot use more than 1 (one) discount per subscription.

5. Free trial

Mentionmate may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by mentionmate until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, mentionmate reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

6. Fee changes

Mentionmate, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Mentionmate will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

7. Refunds

We issue refunds for Contracts within thirty (30) days of the original purchase of the Contract. To obtain such refund, you can contact us by email at support@mentionmate.io.

8. Content

Our Service allows you to manage, respond to, and interact with comments and content across various social media platforms ("Content"). You are responsible for all Content that you post, respond to, or manage through our Service, including its legality, reliability, and appropriateness.

By using the Service to manage and respond to Content, you represent and warrant that: (i) you have the necessary rights and permissions to manage and respond to such Content through our Service, including compliance with the terms of service of the respective social media platforms, and (ii) your use of our Service to manage and respond to Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on these rights or the terms of service of connected social media platforms.

You retain any and all of your rights to any Content you submit, post, or manage through our Service, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts or manages through the Service. However, by using our Service to manage Content, you grant us the right and license to store, process, analyze, and use such Content as necessary to provide our Service features and functionality.

MentionMate has the right but not the obligation to monitor and review all Content managed through our Service.

Users of MentionMate may also use our response suggestion features or automated assistance tools to help manage responses to Content. If you use these features, you remain responsible for reviewing and ensuring that any suggested responses or automated actions do not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

In certain cases, our automated suggestion features may generate responses that could be deemed inappropriate or not aligned with your brand voice. Trendlaboratories Ltd will not be held legally responsible if that happens, as these suggestions are based on general patterns and best practices. It is your responsibility to review and approve any suggested responses before posting them to your social media accounts.

9. Prohibited Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation that violates platform-specific guidelines.

(d) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity. The creation or use of fake profiles, misrepresentation of your identity, or impersonation of others is strictly prohibited across all integrated platforms.

(e) In any way that infringes upon the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

Platform-Specific Terms:

(g) In any way that infringes on Twitter/X's Terms of Service (available at https://twitter.com/tos). Should you infringe on Twitter/X's Terms of Service while using MentionMate, you will be solely responsible should your Twitter/X account be subject to any action undertaken by Twitter/X.

(h) In any way that violates Instagram's Terms of Use (available at https://help.instagram.com/581066165581870). Any actions taken by Instagram against your account due to violations while using MentionMate are solely your responsibility.

(i) In any way that breaches Facebook's Terms of Service (available at https://www.facebook.com/terms.php). You are solely responsible for any actions Facebook may take against your account due to violations while using MentionMate.

(j) In any way that violates YouTube's Terms of Service (available at https://www.youtube.com/t/terms). Any consequences of violating YouTube's terms while using MentionMate are solely your responsibility.

Technical and Security Restrictions:

(m) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real-time activities through the Service.

(n) Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

(o) Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.

(p) Use any device, software, or routine that interferes with the proper working of the Service.

(q) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(r) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

(s) Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

(t) Take any action that may damage or falsify the Company's reputation or rating.

(u) Otherwise attempt to interfere with the proper working of the Service.

Additional Platform Usage Restrictions:

(v) Create, use, or facilitate the creation or use of fake profiles or accounts on MentionMate or any connected social media platforms. All users must use their real identities and provide accurate information.

(w) Engage in any activity that violates the terms and conditions of any third-party platforms used in connection with the Service, including but not limited to the platforms listed above.

(x) Use the Service to automate actions on third-party platforms in a manner that is unauthorized or violates those platforms' policies, including automated messaging, liking, commenting, or other forms of engagement that are not permitted by the respective platforms.

We reserve the right to suspend or terminate your MentionMate account if we detect any prohibited activity, in order to preserve the security and integrity of our service and protect other users. The Service and its original content (excluding Content managed through the platform), features, and functionality are and will remain the exclusive property of Trendlaboratories Ltd and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Trendlaboratories Ltd.

10. Analytics

We use PostHog to monitor and analyze the use of our Service. PostHog is an open-source product analytics platform that helps us understand how our Service is being used and improve your experience.

PostHog collects anonymous usage data about how you interact with our Service. This helps our team understand which features are most valuable to our users and identify areas for improvement. The data collected is used solely for product improvement and user experience optimization purposes.

For more information about PostHog's privacy practices and what type of information is collected, please visit their Privacy Policy at https://posthog.com/privacy. You can also learn more about their data processing practices at https://posthog.com/docs/privacy.

11. No use by minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

12. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

13. Intellectual Property

The Service and its original content (excluding Content managed through the platform), features, and functionality are and will remain the exclusive property of Trendlaboratories Ltd and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Trendlaboratories Ltd.

14. Error Reporting and Feedback

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback") through our in-app feedback page or by emailing us at support@mentionmate.io.

By submitting Feedback, you acknowledge and agree that:

(i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;

(ii) Company may have development ideas similar to the Feedback;

(iii) Feedback does not contain confidential information or proprietary information from you or any third party;

(iv) Company is not under any obligation of confidentiality with respect to the Feedback.

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

For your convenience, we provide an in-app feedback page where you can easily submit error reports, suggestions, and general feedback about our Service. We encourage you to use this feature to help us improve your experience with MentionMate.

15. Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Trendlaboratories Ltd.

Trendlaboratories Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Trendlaboratories Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

16. Disclaimer of Warranties

These Services are provided by Trendlaboratories Ltd on an "as is" and "as available" basis. Trendlaboratories Ltd makes no representations or warranties of any kind, express or implied, as to the operation of their Services, or the information, content or materials included therein. You expressly agree that your use of these Services, their content, and any services or items obtained from us is at your sole risk.

Neither Trendlaboratories Ltd nor any person associated with Trendlaboratories Ltd makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither Trendlaboratories Ltd nor anyone associated with Trendlaboratories Ltd represents or warrants that the Services, their content, or any services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services or the server that makes it available are free of viruses or other harmful components, or that the Services or any services or items obtained through the Services will otherwise meet your needs or expectations.

Trendlaboratories Ltd hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.