Terms of service

Effective date: Sep 1, 2020

Terms and Conditions

Stand: 08. April 2025

1. Object of the Contract

(1) The Mentory App is an AI-based mentoring and guidance application operated by Mentory GmbH, Auf der Beune 32, 64839 Münster (Hessen) (hereinafter referred to as “Mentory”). The Mentory App can be used as a mobile application for iOS and Android devices (hereinafter “mobile app”) or via the website https://web.mentory.app/ (hereinafter “web app”) and includes both free and paid services. The purpose of the Mentory App is to provide users with AI-supported mentoring, guidance, and decision-making assistance, in particular to help users clarify goals, reflect on decisions, and translate these into concrete daily actions (hereinafter referred to as the “User”).

(2) These Terms of Use apply between Mentory and all users who are at least 16 years old and have accepted the Terms of Use. Users under the age of 16 are prohibited from using the Mentory App.

(3) Users can define goals within the Mentory App and use the AI-based mentoring features to receive guidance, reflections, recommendations, and structured action suggestions. Possible goals include, in particular, career development, education and studies, self-employment, personal development, productivity, and general decision-making support. The mentoring services provided within the Mentory App are generated by artificial intelligence and do not constitute human mentoring, coaching, consulting, psychological counselling, medical advice, or legal advice. No contractual relationship between users and third-party mentors is established through the Mentory App.

(4) In order to use certain features of the Mentory App, users are required to provide mandatory information necessary for the operation and personalisation of the AI mentoring services. This may include, in particular, first name, age, professional or educational status, and goal-related information. The AI mentoring experience may be adapted based on the information provided by the user. Providing additional information is voluntary. Details on which personal data is collected, how it is processed, and how it is stored are set out in Mentory’s privacy policy. Mentory reserves the right to request additional information from specific user groups where this is necessary for the provision of specific features or regional versions of the Mentory App.

2. Access to the Mentory App

(1) Access to the Mentory App is provided either by downloading the mobile application from an app store or by using the web application via the website https://web.mentory.app/. The Mentory App may be used via both the mobile app and the web app, subject to availability and functional scope.

(2) Users may be categorised into different sub-user types based on their selected region (Germany, USA, Canada or “rest of the world”). The available features, content, and legal requirements may vary depending on the user’s region due to region-specific characteristics and regulatory conditions.

(3) To use the Mentory App, users must register and create a personal user account, unless specific features are explicitly made available without registration.

(4) After registration, users gain access to the AI-based mentoring and guidance features of the Mentory App in accordance with these Terms of Use. Certain features or services may require registration, authentication, or the conclusion of a paid subscription.

(5) Mentory reserves the right to restrict, suspend, or deny access to the Mentory App or individual features if a user violates these Terms of Use or applicable laws, or if misuse of the AI mentoring services is suspected. There is no entitlement to access or use the Mentory App.

(6) To register, the user must provide a valid email address or alternatively use login credentials from supported social login providers (such as Google or Apple).

(7) When creating a user account, the user is obliged to provide accurate and complete information. Users may not transfer their user account or make it accessible to third parties.

(8) After registration, users receive an automated email from Mentory. By entering the verification code contained in the email within the Mentory App, the user confirms the activation of their user account. Upon activation, the user is authorised to use the Mentory App in accordance with these Terms of Use. Registration establishes a free contractual relationship between Mentory and the user, unless and until paid services are booked.

3. Special Terms of Use for Mentees

(1) Use of the Mentory App may include both free and paid features. The specific scope of free services and the availability of paid subscriptions or in-app purchases are displayed within the Mentory App at the time of use.

(2) If users indicate career-related goals within the Mentory App, Mentory may offer optional features that allow users to receive AI-generated career-related guidance, recommendations, or content tailored to such goals. Any processing of personal data in this context is carried out exclusively in accordance with the user’s settings and Mentory’s privacy policy. No personal data is shared with third parties for recruitment or placement purposes unless the user has given explicit consent in advance, which may be revoked at any time with effect for the future.

4. Granting of Rights and Scope of Services

(1) By providing the Mentory App, Mentory grants the user a non-exclusive, non-transferable, and non-sublicensable right to use the Mentory App and its AI-based mentoring features for their intended purpose for an unlimited period, subject to these Terms of Use.

(2) Mentory does not guarantee uninterrupted or error-free operation of the Mentory App or the AI-generated content. Mentory is not obliged to remedy faults or damage caused by incorrect operation, improper use by the user, unauthorised interference by third parties, faulty hardware, software incompatibilities, or force majeure.

(3) Use of the mobile app requires an internet-enabled mobile device and a functional internet connection, which the user is solely responsible for providing and maintaining.

(4) Use of the web app requires an internet-enabled device and a functional internet connection, which the user is solely responsible for providing and maintaining.

(5) The Mentory App may only be used in the current version made available by Mentory. Users are required to install available updates of the mobile app without undue delay, as continued use of outdated versions may result in restricted functionality or incompatibility.

5. Terms of Payment Processing, Subscriptions and Fees

(1) Paid use of the Mentory App is offered exclusively in the form of subscription plans. The available subscription tiers are Unlimited and Premium, each offered on a weekly or monthly billing cycle. The scope of services included in each subscription tier is displayed within the Mentory App at the time of purchase.

(2) Payment processing for subscriptions is carried out via external payment service providers supported by Mentory (e.g. Apple App Store, Google Play Store, or other integrated payment providers). The respective terms and conditions of the selected payment provider apply in addition to these Terms of Use. Mentory itself is not a payment service provider.

(3) Subscriptions are billed in advance for the selected billing period and automatically renew unless cancelled by the user before the end of the current billing period. Cancellation takes effect at the end of the respective billing period. Users can manage, change, or cancel their subscription directly via the Mentory App or via the platform through which the subscription was purchased.

(4) Refunds, chargebacks, payment reversals, and complaints regarding subscription payments are handled in accordance with the policies of the respective payment provider (e.g. Apple App Store or Google Play Store). Mentory does not guarantee refunds and is not obliged to grant refunds unless required by applicable law.

(5) The Unlimited subscription grants the user unlimited access to AI-based chat interactions within the Mentory App. The Premium subscription grants unlimited chat access as well as access to additional features, in particular the creation and use of action plans (“Plans”) and tasks (“Tasks”). Mentory reserves the right to modify, expand, or adjust the features included in the subscription tiers, provided that the overall character of the service remains unchanged.

(6) Mentory does not guarantee continuous availability of subscription features or uninterrupted AI responses. Temporary limitations, maintenance periods, technical issues, or restrictions imposed by third-party service providers may occur and do not entitle the user to refunds or damages, unless mandatory statutory provisions apply.

8. Role of Mentory

(1) Service Provider
Mentory operates the Mentory App as an AI-based digital service provider. Mentory itself provides the AI-supported mentoring, guidance, and decision-making features made available within the Mentory App. No human mentors, coaches, or third-party service providers are involved in the provision of the AI mentoring services.

(2) Nature of the AI Services
The content, recommendations, reflections, and action suggestions generated within the Mentory App are produced by artificial intelligence. The AI mentoring services are provided for informational and guidance purposes only and do not constitute professional advice, including but not limited to career counselling, psychological counselling, medical advice, legal advice, or financial advice. Mentory does not guarantee the accuracy, completeness, or suitability of AI-generated outputs.

(3) No Intermediation or Agency Relationship
Mentory does not act as an intermediary, agent, broker, or representative for users or third parties. No contractual relationship between users and third parties is established through the use of the Mentory App. All interactions occur solely between the user and the AI-based system operated by Mentory.

(4) Billing and Taxes
Mentory is the contractual service provider for subscription-based access to the Mentory App. Mentory is responsible for billing users for subscriptions via the respective payment providers. Users are responsible for any taxes applicable to their use of the Mentory App under applicable law, unless otherwise required by mandatory statutory provisions.

(5) No Human Review or Obligation to Act
Unless explicitly stated otherwise, AI-generated content within the Mentory App is not reviewed by human staff prior to delivery. Mentory is under no obligation to monitor, validate, or intervene in user interactions with the AI mentoring services.

9. Term and Termination

(1) The contractual relationship for use of the Mentory App without a paid subscription is concluded for an indefinite period.

(2) Users may terminate the free contractual relationship at any time with immediate effect by deleting their user account. Account deletion can be initiated via the “Delete account” option in the settings area of the Mentory App and requires confirmation using the user’s personal authentication credentials.

(3) If a user has purchased a paid Unlimited or Premium subscription via a third-party provider (in particular the Apple App Store or Google Play Store), termination, renewal, and billing of the subscription are governed exclusively by the terms and conditions of the respective third-party provider. Subscriptions purchased via third-party providers must be cancelled directly through the user’s account with that provider. Information on cancellation deadlines and automatic renewals can be found in the respective provider’s account settings, offer description, and order confirmation.

(4) Paid subscriptions are concluded for the selected billing period (weekly or monthly) and automatically renew for the same period unless cancelled by the user before the end of the current billing period. Cancellation takes effect at the end of the respective billing period. No refunds are granted for partially used billing periods, unless required by mandatory statutory law.

(5) Termination of a paid subscription does not automatically result in deletion of the user account or termination of the free contractual relationship. After termination of a paid subscription, the user may continue to use the Mentory App within the scope of the free features, if available.

(6) The right of both parties to terminate the contractual relationship for good cause remains unaffected. Termination for good cause may be exercised in accordance with the statutory provisions. Mentory is entitled in particular to terminate the contract with immediate effect if the user materially breaches these Terms of Use or misuses the AI mentoring services.

10. Confidentiality and Data Protection

(1) Mentory collects, processes, and uses personal data of users exclusively in accordance with the applicable data protection laws. Further information on the type, scope, and purpose of data processing is set out in Mentory’s privacy policy, which is available within the Mentory App and on the Mentory website at https://us.mentory.app/privacy.

(2) Mentory implements appropriate technical and organisational measures to protect user data against unauthorised access, loss, or misuse. Personal data is stored and processed in secure data centres. Where data is processed or stored within the European Union, this is done in compliance with applicable EU data protection requirements. Due to the use of cloud-based and AI-related infrastructure, data processing may also involve authorised service providers in accordance with the privacy policy.

11. Warranty

(1) Mentory warrants that the Mentory App will, during the term of the contract, essentially conform to the agreed description and functionality of the service as provided within the Mentory App. Mentory does not warrant that the AI-generated content will be error-free, complete, accurate, or suitable for achieving specific user goals, nor that specific results will be achieved through use of the Mentory App.

(2) If the user identifies technical defects in the Mentory App, the user shall notify Mentory of such defects without undue delay, providing a description of the defect where reasonably possible.

(3) Mentory will remedy reported technical defects within a reasonable period of time. Mentory may fulfil this obligation by providing updates, bug fixes, or workarounds, or by offering reasonable user support to resolve the issue.

(4) The user shall provide Mentory with the cooperation reasonably required to identify and remedy the defect, including providing relevant information about the circumstances under which the defect occurred.

12. Liability of Mentory

(1) Mentory shall be liable without limitation:
a) in cases of fraudulent intent, intent, or gross negligence;
b) for damages resulting from injury to life, body, or health;
c) for the breach of a material contractual obligation (cardinal obligation), i.e. an obligation whose fulfilment is essential for the proper performance of these Terms of Use and on whose compliance the user regularly relies and may rely, provided that liability in this case is limited to the damage foreseeable at the time of conclusion of the contract;
d) in accordance with the mandatory provisions of the Product Liability Act.

(2) Any further liability of Mentory is excluded. In particular, Mentory shall not be liable for:

  • decisions, actions, or omissions taken by users based on AI-generated content,
  • the accuracy, completeness, or usefulness of AI-generated recommendations, plans, or tasks,
  • damages resulting from reliance on AI-generated content, unless a case under paragraph (1) applies.
    Mentory is also not liable for defects that already existed at the time of conclusion of the contract, unless liability arises under paragraph (1).

(3) The above liability provisions shall apply accordingly to the personal liability of Mentory’s employees, legal representatives, and vicarious agents.

13. Restrictions on Use and Copyright

(1) The user is not entitled to sell, license, sublicense, rent, lease, lend, or otherwise make the Mentory App available to third parties, unless such use is expressly permitted under these Terms of Use. Use of the Mentory App is limited to the registered user. Access credentials may not be shared with third parties. Excluded from this restriction is use by third parties who act under the user’s instructions and without an independent right of use, provided such use is permitted by law and these Terms of Use.

(2) The Mentory App, including its software, AI systems, interfaces, content, design, and underlying technology, is protected by copyright, trade secret law, and other intellectual property rights. The Mentory App may include open-source components subject to their respective licences. Unless expressly permitted by mandatory law, it is prohibited to copy, modify, adapt, translate, reverse engineer, decompile, disassemble, rent, lease, lend, or create derivative works of the Mentory App or any part thereof, or to make the source code or underlying models accessible.

(3) The user is not authorised to separate or independently use components of the Mentory App. Copyright notices, trademarks, logos, technical protection measures, and other identifying features may not be removed, altered, or obscured. Copyright protection applies in particular to the program code, documentation, structure, organisation, visual appearance, branding, and presentation of the Mentory App. Any unauthorised reproduction, distribution, disclosure, or use of the Mentory App or its content is prohibited.

(4) The right to use the Mentory App may not be transferred to third parties without the prior written consent of Mentory. This also applies to any associated documentation or access rights. Any unauthorised transfer or making available of the Mentory App or access credentials constitutes a material breach of these Terms of Use.

14. Right of Withdrawal

(1) Users who use the Mentory App as consumers within the meaning of Section 13 of the German Civil Code (BGB) have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period shall be fourteen (14) days from the date of conclusion of the contract.
To exercise the right of withdrawal, the user must inform Mentory of their decision to withdraw from the contract by means of a clear statement (e.g. by letter or email). The user may use the model withdrawal form provided by Mentory, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for the user to send the notification before the withdrawal period expires.

(2) If the user withdraws from this contract, Mentory shall reimburse all payments received from the user without undue delay and at the latest within fourteen (14) days from the day on which Mentory receives the notification of withdrawal. For the reimbursement, Mentory shall use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise. In no event shall the user be charged any fees for this reimbursement.

(3) The right of withdrawal shall expire prematurely if Mentory has fully provided the digital service and has only begun performance after the user has expressly consented to the commencement of the service before the end of the withdrawal period and has confirmed their knowledge that they lose their right of withdrawal upon full performance of the contract.

(4) If the user has purchased a subscription via a third-party provider (in particular the Apple App Store or Google Play Store), the withdrawal, cancellation, and refund process shall be governed exclusively by the terms and procedures of the respective third-party provider. Further information can be found on the websites and account settings of the respective providers.

15. Community Guidelines

(1) The Mentory App enables users to interact with AI-based mentoring features by entering text, prompts, and other inputs. Mentory expects users to use the Mentory App in a responsible, lawful, and respectful manner.

(2) In order to ensure proper use of the Mentory App, it is prohibited to upload, enter, generate, or otherwise transmit content that:

a) is offensive, harassing, abusive, or likely to cause psychological distress,
b) is obscene, pornographic, excessively violent, or contains explicit nudity,
c) is threatening, discriminatory, or promotes or incites racism, sexism, hatred, or bigotry,
d) encourages, promotes, or facilitates illegal activities,
e) encourages or promotes behaviour that may cause harm to the user or to other persons,
f) is defamatory, knowingly false, or misleading,
g) constitutes spam or unsolicited promotional content,
h) contains or enables the transmission of malware, spyware, adware, viruses, corrupted files, worms, Trojan horses, or other malicious code intended to disrupt, damage, or gain unauthorised access to software, hardware, networks, servers, or data,
i) infringes the rights of third parties, in particular intellectual property rights, personal rights, or data protection rights,
j) advertises, offers, or sells products or services unrelated to the Mentory App without prior consent,
k) is incompatible with the intended purpose of the Mentory App as an AI-based mentoring and guidance service, or
l) damages or is likely to damage the reputation, security, or integrity of Mentory or the Mentory App.

(3) Mentory reserves the right to restrict, suspend, or terminate access to the Mentory App if users violate these rules or misuse the AI mentoring service

16. Final Provisions

(1) Amendments or supplements to these Terms of Use shall be made in text form (Textform) unless a stricter form is required by mandatory law. This also applies to any amendment of this clause itself. No verbal side agreements exist. Mandatory statutory rights of consumers remain unaffected.

(2) Should individual provisions of these Terms of Use be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a provision shall apply that comes closest to the economic intent of the original provision, insofar as this is legally permissible. The same applies in the event of a regulatory gap.

(3) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the user is a consumer, this choice of law applies only insofar as mandatory consumer protection provisions of the country in which the user has their habitual residence are not deprived of their protection.
If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Use shall be the registered office of Mentory.

US-Specific Regulations

For users residing in the United States, the following provisions apply in addition to the other provisions of these Terms of Use:

1. Applicable Law and Place of Jurisdiction

These Terms of Use shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of law provisions. The exclusive place of jurisdiction for all disputes arising from or in connection with the use of the Mentory App is - at Mentory's discretion - either the registered office of Mentory in Germany or a competent court in the State of Delaware, USA.

2. Dispute Resolution Through Arbitration (Binding Arbitration)

All disputes between Mentory and U.S. users shall be resolved exclusively by binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Participation in a class action is excluded.

3. No Right of Withdrawal Under EU Law

The regulations applicable in the European Union regarding the 14-day right of withdrawal for consumers (Section 13 BGB) do not apply to users from the United States.

4. Data Protection in California (CCPA)

Mentory collects and processes personal data in accordance with applicable data protection law. Users residing in California have the following rights under the California Consumer Privacy Act (CCPA), among others:

  • the right to information about the personal data stored by Mentory,
  • the right to erasure of this data,
  • the right to object to the transfer or sale of personal data (Mentory does not sell data).

Further information on this can be found in the privacy policy at https://us.mentory.app/privacy.

5. Child Protection (COPPA)

Children under the age of 16 are prohibited from using the Mentory App. Mentory does not knowingly collect information from anyone under the age of 16 as defined by the Children's Online Privacy Protection Act (COPPA). If Mentory becomes aware of any unauthorized use, the account will be deactivated immediately and all personal data will be deleted.

6. Tax Responsibility of US Mentors

Mentors residing in the United States are responsible for the proper tax declaration and payment of taxes on income generated through the use of the Mentory App (including federal or state income tax and sales tax, if applicable). Mentory does not provide tax advice and does not act as a tax representative.

Sample Withdrawal Form

Sample Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)

To Mentory GmbH, Gartenstraße 5, 58762 Altena, support@mentory.app

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

(*) Delete as applicable.

Appendix: Prices and conditions for the Premium and Enterprise versions of the Mentory App

Unlimited Subscription

Price:
The price for the Unlimited subscription is displayed within the Mentory App at the time of purchase. Prices may vary depending on the selected billing period (weekly or monthly), region, and applicable taxes.

Billing Periods:

  • Weekly subscription
  • Monthly subscription

Scope of Services:
The Unlimited subscription grants the user unlimited access to AI-based chat interactions within the Mentory App for the duration of the active subscription period.

Premium Subscription

Price:
The price for the Premium subscription is displayed within the Mentory App at the time of purchase. Prices may vary depending on the selected billing period (weekly or monthly), region, and applicable taxes.

Billing Periods:

  • Weekly subscription
  • Monthly subscription

Scope of Services:
The Premium subscription includes all features of the Unlimited subscription and additionally grants access to advanced AI-based functionality, in particular:

  • creation and use of action plans (“Plans”), and
  • creation and management of tasks (“Tasks”).
General Conditions
  • Subscriptions are billed in advance for the selected billing period and automatically renew unless cancelled before the end of the current billing period.
  • Subscription management, cancellation, and refunds are handled in accordance with the terms of the respective payment provider (e.g. Apple App Store or Google Play Store).
  • Mentory reserves the right to adjust subscription prices and included features in the future. Any changes will only apply to future billing periods and will be communicated in accordance with applicable law.