Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Mentus website and the marketing, automation and AI services we provide (the "Services"). Mentus is operated by Mentus (ABN [insert ABN]) ("Mentus", "we", "us", "our").

By accessing our website, starting a free trial, or engaging our Services, you agree to these Terms. If you are entering into these Terms on behalf of a business, you confirm you are authorised to bind that business.

Mentus provides AI-powered growth and automation services for businesses, which may include lead generation and outreach, advertising campaign creation and management, online reviews and reputation management, website chat, workflow and admin automation, and an optional AI phone receptionist.

We may add, change, or remove features of the Services over time. The specific services, deliverables and pricing applicable to you are those set out in your chosen plan or written engagement.

You must be at least 18 years old and use the Services for business or professional purposes. The Services are intended for businesses, not consumers acting in a personal capacity.

We may offer a free business audit and other promotional offers. Any such offer is provided for evaluation purposes, does not oblige you to purchase the Services, and we reserve the right to determine eligibility for, modify, or withdraw an offer at any time. Audit findings are general guidance based on information available to us and are not professional, legal or financial advice.

Fees for the Services are charged in Australian dollars (AUD) and billed monthly in advance unless otherwise agreed. Prices shown on our website are indicative and may change; the price applicable to you is the one confirmed at sign-up.

There is no lock-in contract. You may cancel at any time, effective at the end of your current billing period. Unless required by law, fees already paid are non-refundable, and cancellation does not entitle you to a refund of the current period.

Payments may be processed by third-party providers (such as Stripe). You authorise us and our payment providers to charge your nominated payment method for recurring fees.

You agree to: provide accurate, current and complete information; use the Services only for lawful purposes; and not use the Services to send unlawful, misleading, or unsolicited communications.

Where we run advertising, outreach or communications on your behalf, you are responsible for ensuring your business, offers and underlying claims are accurate and lawful, and you authorise us to act on your behalf with relevant platforms (such as Google and Meta).

You are responsible for complying with laws that apply to your business and any marketing you ask us to perform, including the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the Australian Consumer Law, and the advertising policies of third-party platforms.

Parts of the Services use artificial intelligence and automation. While we work to make these accurate and helpful, AI-generated content, replies, bookings and call handling can contain errors and should not be treated as professional, legal, financial or medical advice.

You are responsible for reviewing and approving material aspects of campaigns, messaging and automations where we make those available for your approval. We recommend maintaining appropriate human oversight of any automated communications with your customers.

The Services integrate with third-party platforms (such as Google, Meta, Twilio, Stripe, and others). Your use of those platforms is subject to their own terms and policies, and we are not responsible for their acts, omissions, availability or changes.

We (and our licensors) own all intellectual property rights in the Services, our website, software, and materials we create, excluding your own content and data. We grant you a limited, non-exclusive, non-transferable licence to use the Services during your subscription.

You retain ownership of content and information you provide. You grant us a licence to use it to the extent necessary to provide the Services to you.

The Services are provided on an "as is" and "as available" basis. We do not warrant any particular outcome — for example, a specific number of leads, calls, bookings, reviews, rankings, or revenue. Results depend on many factors outside our control, including your market, offers and responsiveness.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law that cannot lawfully be excluded.

To the maximum extent permitted by law, and subject to the non-excludable rights referred to above, we are not liable for any indirect, incidental, special or consequential loss, or loss of profits, revenue, data, goodwill or business opportunity.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services is limited to the total fees you paid to us in the three (3) months immediately before the event giving rise to the liability.

You agree to indemnify us against claims, losses and costs arising from your breach of these Terms, your content or business, or your use of the Services in a way that is unlawful or infringes a third party's rights.

You may stop using the Services and cancel at any time. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or use the Services unlawfully. On termination, your right to use the Services ends.

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, by email or a notice on our website). Your continued use of the Services after changes take effect constitutes acceptance.

These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

Questions about these Terms can be sent to hello@mentus.au.