Terms of Service
Decision Mentor website ("Website") and mobile application ("App") and related services (together with the Website, the "Service") are operated by Truenary Solutions and Development Dynamics. Access and use of the Service is subject to the following Terms and Conditions of Service ("Terms and Conditions"). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
1. Introduction
1.1.
By downloading or using Decision Mentor, you agree to the following terms. It's essential to read them carefully. All intellectual property rights, including trademarks, copyright, and others related to the app, belong to Truenary Solutions and Development Dynamics.
2. Registration and Account
2.1.
In order to access the Services, you must first register for an account through the Application (the ‘Account’).
2.2.
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification and email address).
2.3.
You warrant that any information you give to Decision Mentor in the course of completing the registration process will always be accurate, correct and up to date.
2.4.
Once you have completed the registration process, you will be a registered member of the Application (‘Member’) and agree to be bound by the Terms.
2.5.
You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Decision Mentor; or
(b) you are a person barred from receiving the Services under the laws of Nepal or other countries including the country from which you use the Services.
3. Privacy Policy Link
3.1.
Decision Mentor takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Decision Mentor’s Privacy Policy, which is available on the Application and at https://decisionmentor.app/privacy.
4. Responsibilities and Obligations
4.1.
You are prohibited from copying, modifying, translating, or making derivative versions of the app. Attempting to extract the source code or translating the app into other languages is not allowed.
4.2.
You will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
4.3.
It's your responsibility to keep your device and access to the app secure. We recommend not jailbreaking or rooting your device, as it could compromise its security features and the app's functionality.
4.4.
Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Decision Mentor of any unauthorized use of your password or email address or any breach of security of which you have become aware;
4.5.
Some functions of the app require an active internet connection. Whether it's Wi-Fi or mobile data, we are not responsible if the app doesn't work fully due to connectivity issues.
4.6.
You will not use the Services or the Application in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Decision Mentor;
4.7.
You will not use the Services or Application for any illegal and/or unauthorized use.
5. Intellectual Property Rights
5.1.
The app and all its original content, features, and functionality remain the sole property of Truenary Solutions & Development Dynamics, protected under international copyright and other intellectual property rights laws.
5.2.
The brand "Decision Mentor", including any logo version of that trademark, is our trademark and may not be used by you without our prior written consent.
6. Limitations of Liability
6.1.
Neither we nor any of our affiliates or licensors will be liable for any indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages.
6.2.
While we strive to provide accurate and up-to-date information, we rely on third parties for certain data. We accept no liability for any loss you experience due to relying wholly on the app's functionality.
6.3.
In the event that your account data is leaked, stolen, or otherwise compromised and is being misused by others, Decision Mentor shall not be responsible or liable for any unauthorized access to your account, data breaches, or any loss or damage arising from such security incidents. You agree to immediately notify Decision Mentor of any unauthorized use of your account or any other breach of security.
7. Updates and Changes
7.1.
We may update the app for both Android & iOS. You'll need to download updates to continue using the app. We don't guarantee that we will always update the app to be compatible with your device's OS version. You promise to accept updates when offered. We may also terminate the app's availability at any time without notice.
8. Your Content
8.1.
From time to time we may include functionality for users to upload User Content to or make comments or other postings on the Service. However, if you avail yourself of these facilities, you must not upload, post, transmit or otherwise make available any content that:
(i) is defamatory
(ii) promotes, encourages or provides information about unlawful conduct or activities;
(iii) infringes any third party's intellectual property rights or breaches confidentiality;
(iv) includes other likeness, or personal information of another person without their consent;
(v) incites offensive content, hatred or discrimination against any person or group of persons;
(vi) is misleading, false or deceptive (whether by representations or omissions);
(vii) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Service;
8.2
We reserve the right to remove any User Content that you may post at any time without notice to you.
9. Security
9.1.
While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
10. Purchasing and Payment
10.1.
All prices displayed on the Service are listed in US dollars unless otherwise stated. Prices are accurate as of the time of display, but they are liable to change without prior notice. All information you supply to the Service in connection with a purchase, transaction, or other financial transaction interaction must be true, accurate, and up to date.
10.2.
The Service offers a variety of payment plans which you may utilize in order to access certain plans. Details of these plans will be available on the Service from time to time.
10.3.
Specific parts or features of the Service, such as special promotions or other comparable features, may be subject to additional terms and conditions, all of which are incorporated as a part of these Terms and Conditions by reference. Additional terms and conditions may also apply to service purchases.You agree to comply with such other terms and conditions. In the event of a dispute, the terms relevant to a particular service made available on or via the Service shall take precedence over these Terms and Conditions.
10.4.
Prior to the provision of access to services (as applicable), payment must be made in the method stated on the Service (Google Pay and Apple Pay) and must be received in full.
10.5.
We won't hold our product against your purchase if your payment is not received or is rejected by your bank or credit card company. You guarantee that there will be enough money on hand or credit available to meet the order's total cost. Before sending out or granting access to services, we reserve the right to verify your payment information.
10.6.
If you purchase an auto-renewing periodic subscription through the Service, your Decision Mentor account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Decision Mentor account and follow instructions to terminate or change your subscription, even if you have deleted your account.
10.7.
You agree to pay all fees and applicable taxes incurred by you or anyone using a Decision Mentor account registered to you. You agree to pay all charges incurred by users of your google pay, apple pay or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
10.8.
All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third parties. In no event will Decision Mentor be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.
10.9.
You acknowledge that despite our reasonable precautions, services for sale may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these situations, even though your order has been confirmed and your credit card has already been charged, we reserve the right to cancel the transaction. We shall instantly credit your credit card account with the appropriate amount if a cancellation of this sort takes place after the purchase has been charged to it.
11. Refund and Returns
11.1.
Decision Mentor will only provide you with a refund of the services fee in the event they are unable to continue to provide the services or if the manager of Decision Mentor makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’). The maximum amount eligible to be refunded for a one month period.
12. Updates and Changes
12.1.
We may update the app for both Android & iOS and Web. You'll need to download updates to continue using the app. We don't guarantee that we will always update the app to be compatible with your device's OS version. You promise to accept updates when offered. We may also terminate the app's availability at any time without notice.
13. Third-Party Services
13.1.
The app uses third-party services that have their own Terms and Conditions. Here are links to the terms of third-party service providers used by the app:
14. General Disclaimer
14.1.
This Service and its services are given "as is" and "as available" to the fullest extent permitted by law, without any guarantees other than those provided for in the Nepal Consumer Protection Act or other applicable laws. Without limiting the aforementioned, we disclaim all warranties related to title, merchantability, fitness for a specific purpose, and non-infringement of intellectual property rights to the fullest extent permitted by law. When a condition or warranty is implied by law (including the Nepal Consumer Protection Act) and that law forbids us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included, but our liability and the remedies you have will be limited to the extent permitted by that legislation.
14.2.
We do not make any representations or warranties that your access to the Service and services will be uninterrupted, timely, secure or error free.
14.3.
You accept that information on this Service (including services) is provided or relayed by us is general information and is not in the nature of advice and is not guaranteed to be error-free
14.4.
To the fullest extent permitted by law, we disclaim all responsibility and liability for any loss, damage, or injury of any kind, whether direct or indirect, resulting from your use of this Service, any other linked website, or services, or from your use of or reliance on such services. Without limiting the aforementioned, we disclaim liability for the following to the fullest extent permitted by law:
14.4.1.
mistakes or inaccuracies on the Service or in services;
14.4.2.
any unauthorized access to or use of secure servers and/or personal information and/or financial information stored on those servers;
14.4.3.
bugs, viruses, trojan horses or other harmful code which may be transmitted to or through our Service by a third party; or
14.4.4.
any interruption or cessation of transmission from our Service.
14.5.
We reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you're paying for.
14.6.
It's your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the Decision Mentor app won't work properly or at all.
15. Indemnity
15.1.
You agree to fully indemnify and hold us (and our directors and officers) harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Service and any breach of these Terms and Conditions.
16. Termination of Contract
16.1.
If you violate these Terms and Conditions, we may immediately terminate these Terms and Conditions (and hence your User Account) on written notice to you if you have not complied with that notice's demands within seven days or the violation is incurable.
16.2.
If we reasonably believe that you have violated any of these Terms and Conditions, we may, without limiting any other legal remedies available to us, take whatever steps we deem necessary to address the suspected violation, including, but not limited to, suspending your access to the Service and/or services, preventing computers using your IP Address from accessing the Service and/or services, and getting in touch with your internet service provider to ask that your access to the Service and/or services be restricted.
16.3.
Without limiting the aforementioned, you understand that we may, at any time and without prior notice, stop the functioning (generally) of the Service and, consequently, your access to it (whether temporarily or permanently). We shall not be accountable to you for doing so, unless required by law.
16.4.
Following termination or if your User Account is suspended any services that remain in your User Account but have not been downloaded prior such termination or suspension will no longer be available.
16.5.
Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.
17. Governing Law
17.1.
These Terms and Conditions are governed by the laws in force in Kathmandu, Nepal. The parties irrevocably submit to the exclusive jurisdiction of the courts of Kathmandu, Nepal and their Courts of Appeal.
18. Severance
18.1.