Terms of Service

1. The Service is a marketplace

Menty is a marketplace that connects independent mentors — athletes, coaches, and specialists — with athletes who want guided practice, instruction, and program-based mentorship. Mentors are independent contractors of their own businesses; Menty is not the provider of the mentorship services and does not employ mentors. Menty provides the platform that allows mentors to publish offerings, athletes and parents to discover and book them, and the parties to communicate, schedule, deliver, and pay for sessions.

When you book a session or enroll in a program, the contracting relationship for the underlying instruction is between you and the mentor. Menty’s role is to facilitate that relationship — payments, scheduling, communication, recordkeeping — under these Terms and the linked policies above.

2. Eligibility and accounts

You may only create your own account, and you must be 13 years of age or older to do so. Athletes between 13 and 17 must have a parent or legal guardian who has consented to the athlete’s use of the Service and who agrees to be bound by these Terms on the athlete’s behalf. Athletes under 13 may only use the Service through a parent-operated account; the parent is the account holder, accepts these Terms, and supervises the child’s use. See Children’s privacy in the Privacy Policy for the COPPA-specific framing.

Mentors must be at least 18 years old, must have legal capacity to enter into the Mentor Agreement, and must complete mentor onboarding (including Stripe Connect account creation and execution of the Mentor Service Agreement) before listing any paid offerings.

You are responsible for keeping your account credentials secure, for all activity on your account, and for promptly notifying Menty if you suspect unauthorized access. One person, one account — except the parent/minor pair described above. You may close your account at any time; Menty may suspend or terminate accounts under Section 11.

3. License to use the Service

Menty grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose — discovering mentors and managing your own mentorship relationships. You may not use the Service to build a competing product, scrape mentor profiles or athlete data, reverse engineer the platform, or attempt to access accounts other than your own.

4. Your content

You retain ownership of the content you upload to the Service — messages, goals, progress notes, profile media, and any other content you submit (“User Content”). By uploading User Content you grant Menty a worldwide, non-exclusive, royalty-free, sublicensable license to host, display, and distribute that content within the Service for the purpose of operating it (for example, showing your messages to your mentor, showing your profile in search results when you have made it public, or storing your progress so you can review it). This license is limited to the duration of your account and survives only as needed to deliver the Service to other users with whom you have shared the content (e.g., a mentor retains a copy of session notes you sent them).

Mentor-authored content — program curricula, drill libraries, session notes, instructional materials — is governed additionally by the Mentor Agreement and the per-mentor Mentor Service Agreement. You warrant that you own or have all rights necessary to upload your User Content and that it does not infringe any third party’s intellectual property, privacy, or publicity rights.

5. Prohibited conduct

You agree not to use the Service to:

• —Harass, threaten, demean, or discriminate against any other user, including any mentor, athlete, parent, or staff member.
• —Upload or transmit any content that is unlawful, defamatory, obscene, sexually explicit (especially any sexual content involving minors — zero tolerance, immediate termination, mandatory reporting), or that incites violence or hatred.
• —Knowingly induce a mentor you first met through Menty to deliver paid mentorship or coaching services to you off-platform within six months of your last on-platform session with that mentor, for the purpose of avoiding the platform fee. The Mentor Agreement establishes the corresponding fee obligation on the mentor side.
• —Record any session outside the platform's built-in recording features, or distribute any recording without the express written consent of every participant.
• —Scrape, crawl, or use automated tools to access the Service or extract user data, except for accessibility tools you use for your own benefit.
• —Reverse engineer, decompile, or attempt to derive the source code or non-public APIs of the platform.
• —Use the Service to send spam, phishing messages, or any unsolicited bulk communication.
• —Misrepresent your identity, your credentials, your role on the platform, or the nature of any service you offer or receive.
• —Interfere with the operation of the Service, attempt to gain unauthorized access to any account or system, or upload malware or other harmful code.
• —Circumvent or attempt to circumvent any safety, age-gate, or parental-consent control built into the Service.

6. Payments and platform fees

Menty uses Stripe as its payment processor and Stripe Connect to pay mentors. When you book a paid session or program, Stripe charges the payment method you provide and routes funds to the mentor’s connected Stripe account, less Menty’s platform fee. Stripe’s terms apply to the payment portion of the transaction; Menty does not see or store your full payment card number — Stripe handles that.

Menty’s platform fee on each transaction is 20% for Starter-tier mentor accounts and 15% for Pro-tier mentor accounts. The fee is disclosed at checkout. Refunds are governed by the Refund Policy.

For session-style offerings, Menty operates a connect-before-pay flow: you message the mentor first, agree on a session, and only then are you prompted to pay. Resource-only and camp purchases follow a pay-first flow disclosed at the listing.

7. Sessions and the inherent risk of sport

Athletic training and instruction carry inherent risks of physical injury. Before your first session with any mentor, you (or your parent or guardian if you are a minor) will be asked to accept the Liability Waiver, which describes the inherent risks of athletic participation, the assumption of risk you accept by participating, the release of liability you grant to Menty and the mentor, and the limits on that release that apply under state law.

Menty does not provide medical advice, diagnosis, or treatment. If you have any medical condition, prior injury, or physical limitation that may affect your ability to safely participate, you are strongly encouraged to disclose this to the mentor before the first session and to consult with a qualified physician before beginning training.

8. Mentor verification and background checks

Menty verifies mentor email addresses, payment account details, and the basic identity information that Stripe collects during Connect onboarding. Mentors must also sign the Mentor Service Agreement before listing any paid offering. Menty does not currently run criminal background checks on mentors and does not verify mentor certifications, licenses, or employment claims independently. Mentors are obligated under the Mentor Agreement and the Mentor Service Agreement to represent their credentials truthfully, but Menty does not warrant the accuracy of any mentor profile.

You are encouraged to use the messaging and discovery tools to evaluate mentors before booking. For minor athletes, parents are strongly encouraged to attend or remotely supervise sessions and to interview the mentor before any in-person session. [TODO LAWYER REVIEW] Counsel to advise on whether additional self-attestation language is required prior to launch.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MENTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MENTY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY ATHLETIC OR PERFORMANCE OUTCOME WILL RESULT FROM USING THE SERVICE, OR THAT ANY MENTOR WILL DELIVER A SPECIFIC OUTCOME.

Menty is the platform; mentors deliver the instruction. Menty does not warrant the conduct, qualifications, safety, or results of any individual mentor. The Liability Waiver describes the inherent risks of athletic participation in detail.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MENTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE.

MENTY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT OF FEES YOU PAID TO MENTY (NOT TO ANY MENTOR) IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

[TODO LAWYER REVIEW] Some states do not permit limitations on liability for personal injury, for gross negligence, willful misconduct, or for claims that cannot be limited by contract — including certain claims of minor consumers. The limitation in this section does not apply where prohibited by law.

11. Suspension and termination

You may close your account at any time from your account settings. On account closure, your data is handled per the Privacy Policy.

Menty may suspend or terminate your account or restrict your access at any time for: violation of these Terms, fraudulent or abusive use, conduct that endangers any user, conduct that exposes Menty to legal risk, or extended inactivity. Where the violation is not safety-critical, Menty will generally provide notice and an opportunity to cure. Sections 4 (your content), 5 (prohibited conduct, anti-circumvention portion), 9 (disclaimers), 10 (limitation of liability), 12 (indemnity), 13 (dispute resolution), 14 (governing law), 15 (DMCA), and 16 (privacy + data) survive termination.

12. Indemnification

You agree to indemnify and hold harmless Menty and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your User Content, your use of the Service, or your violation of any third party’s rights. Menty reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate in such defense.

13. Dispute resolution — informal, arbitration, opt-out

Informal resolution first. If a dispute arises between you and Menty, you agree to contact Menty at hello@mentyelevate.com and give Menty 30 days to attempt informal resolution before initiating any formal proceeding.

Binding arbitration. Any unresolved dispute will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, on an individual basis only, in the county of your billing address (or the federal judicial district in which you reside). Either party may elect that the arbitration be conducted by telephone, video, or in writing where the AAA Rules permit.

30-day opt-out window. You may opt out of this arbitration agreement by emailing legal@mentyelevate.com within 30 days of the date you first accepted these Terms, with the subject line “Arbitration Opt-Out” and your account email in the body. Opting out does not affect any other part of these Terms.

Class action waiver. You and Menty agree that any dispute will be resolved on an individual basis only, and that neither party will participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding. If a court decides that this class action waiver is unenforceable in your case, the dispute will proceed in court rather than in arbitration. [TODO LAWYER REVIEW] State limits (e.g., California PAGA, certain consumer protection statutes) and application to minor users to be confirmed.

Mass arbitration carve-out. If 25 or more substantially similar individual demands for arbitration are filed against Menty within a 30-day window, the parties agree that the cases will proceed in coordinated bellwether arbitration batches as described in the current AAA Mass Arbitration Supplementary Rules, with the parties cooperating in good faith to streamline.

Small claims carve-out. Either party may bring an individual claim in small claims court instead of arbitration if the claim qualifies and is brought in an individual (non-representative) capacity.

Minors. Where binding pre-dispute arbitration of a minor’s claims is prohibited or restricted by applicable state law, that restriction applies and the minor’s claims proceed in court instead of arbitration. The parent or guardian who accepted these Terms on the minor’s behalf remains bound by the arbitration agreement for their own claims.

14. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Subject to Section 13, the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction over any dispute that is not subject to arbitration, and the parties consent to personal jurisdiction and venue there. [TODO LAWYER REVIEW] Counsel to confirm Delaware vs. Florida vs. California as the correct seat for the Menty Elevate entity + consumer base.

15. Copyright and DMCA

Menty respects the intellectual property rights of others and expects users of the Service to do the same. If you believe content on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512) to Menty’s designated agent.

A DMCA notice must include: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and information sufficient to locate it on the Service; (d) contact information; (e) a good-faith statement that the use is not authorized; and (f) a statement under penalty of perjury that the information is accurate and you are authorized to act.

Designated agent: [NAME — TODO LAWYER REVIEW], [ADDRESS — TODO LAWYER REVIEW], email dmca@mentyelevate.com (provisional — pending US Copyright Office registration).

Counter-notices follow the procedure described in 17 U.S.C. § 512(g). Menty may, in its discretion, terminate the accounts of users who repeatedly infringe.

16. Privacy + data

Menty’s data practices are described in the Privacy Policy and the Cookie Policy. You can exercise your privacy rights — access, correction, deletion, opt-out of sale or sharing (we don’t do either), and others described in the Privacy Policy — by emailing privacy@mentyelevate.com. Menty maintains an audit log of your acceptance of these Terms and of the other platform documents (the ConsentReceipt log described in the Privacy Policy).

17. Changes to these Terms

Menty may update these Terms from time to time. For non-material changes, the updated Terms take effect on posting, and the “Last updated” date at the top reflects the change. For material changes, Menty will provide notice — by email, by an in-product notification, or both — at least 14 days before the changes take effect, and active users will be prompted to re-accept before continuing to use the Service. Continued use after the effective date constitutes acceptance of the revised Terms.

18. Electronic communications and signatures

By using the Service, you consent to receive notices and other communications from Menty electronically, including by email and in-product notifications. You agree that electronic communications and electronic signatures (including click-to-accept and typed-name signatures) satisfy any legal requirement that a notice or signature be in writing, under the U.S. E-SIGN Act and the Uniform Electronic Transactions Act as adopted by your state.

19. General

These Terms, together with the Privacy Policy, Refund Policy, Liability Waiver, Cookie Policy, and (for mentors) the Mentor Agreement and Mentor Service Agreement, constitute the entire agreement between you and Menty regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Menty’s failure to enforce any provision is not a waiver of that provision. You may not assign or transfer these Terms without Menty’s prior written consent; Menty may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets. Neither party is liable for any failure or delay caused by events beyond its reasonable control.

Headings are for convenience only and do not affect interpretation. The English-language version of these Terms controls in any conflict with a translation.