Updated October 26, 2021
Please review the following terms and conditions very carefully, and also read our Privacy Notice regarding the information that you provide to us. If you do not agree with the following terms and conditions, do not download or install any Menta software. By downloading, installing or using this software or any portion thereof, you agree to the following terms and conditions.
1. Menta services
A. Menta services
B. Use of Menta services
You may not use the Menta Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Menta’s Services; (ii) any other party’s use and enjoyment of Menta’s Services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Menta Application (the “Authorized Device”). You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Menta Application, including, without limitation, any usage rules set forth in the online application store terms of service.
From time to time, Menta may automatically update the version of Menta Application installed on the Authorized Device (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Menta Application. By installing the Menta Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Menta Application and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
Menta reserves the right to temporarily disable or permanently discontinue any and all functionality of the Menta Application at any time without notice and with no liability to you.
C. User Applications and Representations
You must be at least 18 years of age or older to sign-up, apply, register for, or install or use the Menta Services. If You sign up or register with Menta or apply and set up your Menta Account, You agree, represent and warrant that all information You provide to Menta upon sign up, registration or application and at all other times through the Menta Services will be true, accurate, current and complete (which includes use of your real name). If any material information You provide to Menta in connection with the Menta Services changes, You agree to promptly notify Menta about such changes and provide updated information. You are entirely responsible for maintaining the confidentiality of your account information and password. You agree not to (a) use the account, username, or password of another user, or (b) disclose your password to, or share your account with, any third party or allow or authorize any person to use your account or user ID with Menta. You agree to notify Menta immediately if You suspect any unauthorized use of your account or access to your password or account. You are solely responsible for any and all use of your account.
2. Consent and licence for users providing financial data
A. Consent to Collect Your Transaction Data
If you are using or participating in any Menta Service that involves the collection and/or use of financial Transaction Data, You will provide us with access to upload or collect your financial data from your banking and other financial accounts, including, for example and without limitation, transaction dates, the merchants involved, the transaction types and the amounts, other information, data, passwords, or other content (collectively “Transaction Data”), but excluding your account numbers associated with such Transaction Data.
B. Use of Your Transaction Data
C. License to Your Transaction Data
D. Third Party Accounts
By using the Menta Services, You authorize Menta and its Service Providers to access third party sites designated by you, on your behalf, to retrieve information requested by You, and to register for accounts requested by You. For all purposes hereof, You hereby grant Menta and its service providers a limited power of attorney, and You hereby appoint Menta and its service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution for You and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as You might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN MENTA OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, MENTA AND ITS SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by You. You understand and agree that the Menta Services are not endorsed or sponsored by any third party account providers accessible through the Menta Services.
E. No Liability for Transaction Data
F. Removal and Deletion of Transaction Data
Menta reserves the right to remove, delete, block, edit or modify any Transaction Data at any time, subject to applicable regulatory retention requirements, without prior notice and at in its sole discretion for any reason or no reason. Menta has no obligation to retain or delete any of your Transaction Data beyond any applicable regulatory retention periods to which Menta is subject.
3. Intellectual property
You hereby acknowledge that Menta owns all rights, title and interest in and to the Menta Applications and to any and all proprietary and confidential information contained therein (“Menta Information”). The Menta Applications and Menta Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, reverse compile or disassemble the Menta mobile application or otherwise attempt to derive source code from the Menta Applications; (ii) copy, distribute, transfer, sell or license the Menta Applications; (iii) transfer the Menta mobile application to, or use the Menta mobile application on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the Menta mobile application; (v) use the Menta Applications to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter Menta’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Menta Applications.
5. No warranty
The information and materials contained in Menta Applications, including text, graphics, links or other items are provided “as is”, “as available”. Menta does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
6. Limitation of liability
In no event will Menta be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with Menta Applications or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Menta, or representatives thereof, are advised of the possibility of such damages, losses or expenses.