Terms & Conditions

Copyright and Trademark Notice

MentraCore™ and all related marks, logos, and designs are trademarks of MentraCore LLC. All other trademarks mentioned herein are the property of their respective owners. Nothing contained in these Terms should be construed as granting any license or right to use any trademark displayed on the Service without the written permission of MentraCore LLC or the respective trademark owner.

1. Agreement to Terms

These Terms and Conditions ("Terms") govern access to and use of the MentraTrack platform, website, applications, and related services (collectively, the "Service") provided by MentraCore LLC ("MentraTrack," "we," "our," or "us").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, available at https://www.mentratrack.com/privacy-policy.

If you access or use the Service on behalf of an organization, you represent that you are authorized to act on behalf of that organization to the extent necessary for your activities on the Service.

1.1 Individual and Organizational Users

MentraTrack provides services to individual trainees, supervisors, and organizations involved in professional fieldwork, supervision, competency development, and related educational activities.

Users may access the Service through individual subscriptions, organizational subscriptions, or other authorized arrangements.

Organizations may establish and manage accounts, assign user roles, and oversee authorized supervision-related activities in accordance with applicable service agreements and platform permissions.

1.2 Organizational Agreements

Organizations may enter into separate Cloud Service Agreements, Order Forms, or other written agreements with MentraCore LLC governing their subscriptions, pricing, service terms, and additional obligations.

If a separately executed agreement conflicts with these Terms, the separately executed agreement will control with respect to the conflicting provisions for the organization and services covered by that agreement.

Individual users remain responsible for complying with applicable account security, acceptable use, privacy, and professional conduct requirements.

1.3 Privacy Policy

Our collection, use, disclosure, and protection of personal information are described in our Privacy Policy.

By using the Service, you acknowledge that your information may be processed as described in the Privacy Policy, subject to applicable law and contractual obligations.

1.4 Changes to the Service

We may update, modify, or improve the Service to introduce functionality, enhance security, maintain compatibility, address regulatory requirements, or improve the user experience.

Material changes affecting contractual service commitments will be handled in accordance with applicable agreements

2. Description of Service

MentraTrack is a cloud-based platform designed to support professional fieldwork tracking, supervision management, competency development, and organizational oversight for individuals pursuing or maintaining professional credentials, including those governed by the Behavior Analyst Certification Board (BACB).

The Service provides tools for trainees, supervisors, and organizations to document, manage, review, and monitor supervision-related activities and professional development.

2.1 Fieldwork Tracking and Documentation

MentraTrack enables users to record and manage fieldwork activities, including:

• Tracking supervised fieldwork hours and experience types.
• Recording supervision contacts, observations, and related activities.
• Monitoring progress toward applicable fieldwork requirements.
• Generating and managing supervision documentation, including Monthly Verification Forms (MVFs) and Final Verification Forms (FVFs).
• Maintaining historical fieldwork records and related documentation.
• Exporting fieldwork information and reports.

Certain functionality may vary depending on the user's subscription, account permissions, and applicable certification requirements.

2.2 Supervision Management and Approval Workflows

MentraTrack provides tools that enable authorized supervisors to review, verify, approve, or request changes to fieldwork records and supervision documentation.

The Service may include:

• Supervisor-trainee relationships and associated access permissions.
• Fieldwork submission and approval workflows.
• Supervision documentation and verification forms.
• Progress monitoring and compliance-related indicators.
• Recordkeeping and reporting tools.

Supervisors and trainees remain responsible for ensuring the accuracy, completeness, and appropriateness of submitted records and approvals.

2.3 Organizational Management

MentraTrack offers organizational functionality that allows authorized administrators to manage and oversee supervision-related activities.

Depending on the applicable subscription and permissions, these features may include:

• Managing trainees, supervisors, and organizational relationships.
• Accessing organization-wide fieldwork and supervision reporting.
• Monitoring documentation completeness and supervision progress.
• Reviewing pending approvals and compliance-related indicators.
• Managing organizational settings and authorized user access.

Access to organizational information is governed by applicable roles, permissions, and authorized relationships within the platform.

2.4 Professional Development and Educational Features

MentraTrack may provide tools for professional development, competency assessment, goal setting, educational activities, and related supervision support.

Certain features may use artificial intelligence or automated processing to assist users with educational, administrative, or professional development activities.

These features are intended to supplement, rather than replace, professional judgment and supervision responsibilities.

2.5 Professional and Regulatory Responsibilities

MentraTrack provides administrative, educational, documentation, and organizational management tools. The Service does not independently certify fieldwork hours, approve professional credentials, or guarantee compliance with certification or licensing requirements.

Users are responsible for understanding and following the requirements applicable to their professional credentials, supervision arrangements, and jurisdiction.

MentraTrack is not affiliated with, endorsed by, or operated by the Behavior Analyst Certification Board (BACB).

Although the Service may provide calculations, notifications, compliance indicators, and automated documentation tools, users and supervisors remain responsible for verifying the accuracy of records and determining whether applicable requirements have been satisfied.

Changes to certification standards, regulations, or professional requirements may affect the accuracy or applicability of certain platform features until corresponding updates are implemented.

2.6 Service Availability and Modifications

We may introduce, modify, improve, or discontinue features as part of maintaining and developing the Service, subject to applicable contractual obligations.

We seek to maintain reliable access to MentraTrack but do not guarantee uninterrupted or error-free availability.

Information regarding reported service availability and operational incidents may be found at:

https://status.mentratrack.com

3. User Accounts

3.1 Account Registration

To access certain features of MentraTrack, users must create an account and provide accurate, complete, and current information.

Users agree to:

• Provide truthful and accurate registration information.
• Maintain and promptly update their account information.
• Use their own account credentials and not impersonate another individual.
• Comply with applicable eligibility, professional, and organizational requirements.

MentraTrack may require users to verify their email addresses or complete additional verification steps to protect account security.

We reserve the right to suspend or restrict accounts containing materially inaccurate or fraudulent information, subject to applicable law and contractual obligations.

3.2 Account Security and Responsibilities

Users are responsible for maintaining the confidentiality of their account credentials and for activities conducted through their accounts, except to the extent caused by MentraTrack's own acts or omissions.

Users must not share their login credentials or allow unauthorized individuals to access the Service through their accounts.

Users agree to notify MentraTrack promptly at support@mentracore.com if they become aware of suspected unauthorized access, compromised credentials, or other account security concerns.

MentraTrack may implement authentication, session management, and additional security measures to protect accounts and customer information.

3.3 User Roles and Permissions

MentraTrack provides role-based access controls designed to limit access to information according to users' authorized responsibilities.

Depending on their assigned roles and relationships:

• Trainees may access and manage their own fieldwork records, supervision documentation, and related information.
• Supervisors may access records and documentation associated with trainees they are authorized to supervise, including information necessary to review and approve supervision activities.
• Organization Administrators may access organizational management, reporting, supervision oversight, and other administrative functionality according to their assigned permissions.

The availability of specific features and information may vary based on account settings, subscriptions, roles, and authorized relationships.

Users must not attempt to access, modify, download, or disclose records or documents outside their authorized permissions.

3.4 Supervisor-Trainee Relationships

MentraTrack allows trainees and supervisors to establish and manage supervision relationships through supported platform workflows.

By establishing or accepting a supervision relationship, users acknowledge that relevant fieldwork records, supervision documentation, and progress information may become accessible to the authorized supervisor.

Supervisors are responsible for reviewing and verifying records in accordance with applicable professional and certification requirements.

The creation of a supervisor-trainee relationship within MentraTrack does not independently establish or replace any supervision agreement required by applicable professional standards.

3.5 Organizational Accounts and Access

Organizations may use MentraTrack to manage trainees, supervisors, and supervision-related records through organizational accounts.

When a user joins or becomes associated with an organization, relevant information may become accessible to authorized organization administrators and supervisors according to their assigned permissions and organizational relationships.

Organizations are responsible for:

• Assigning appropriate administrative and supervisory roles.
• Maintaining accurate supervisor-trainee relationships.
• Managing user access according to legitimate organizational responsibilities.
• Promptly updating or removing permissions when users change roles or leave the organization.
• Ensuring their authorized users comply with these Terms and applicable organizational agreements.

Organizational access does not grant unrestricted permission to view information belonging to unrelated organizations or users.

3.6 Changes to Organizational Membership

When a user joins, leaves, or changes roles within an organization, their access to organizational information may change.

Removal from an organization does not necessarily result in deletion of the user's account or historical supervision records.

Certain records may remain accessible to authorized users where necessary for legitimate professional recordkeeping, compliance, contractual obligations, or other lawful purposes.

The handling of personal information and deletion requests is further described in our Privacy Policy.

3.7 Account Suspension and Termination

MentraTrack may suspend, restrict, or terminate access to an account when reasonably necessary to:

• Address suspected unauthorized access or security threats.
• Prevent fraud, abuse, or misuse of the Service.
• Respond to material violations of these Terms.
• Comply with applicable legal requirements.
• Enforce applicable subscription or contractual obligations.

Where reasonably practicable and appropriate, we may provide notice and an opportunity to resolve the issue before suspending or terminating access.

Account suspension or termination does not automatically result in immediate deletion of associated data. Data retention and deletion are governed by our Privacy Policy and applicable agreements.

3.8 Account Deletion Requests

Users may request account deletion or removal of personal information by contacting support@mentracore.com.

Requests are handled in accordance with our Privacy Policy, applicable law, and contractual obligations.

Deleting an account may affect access to historical fieldwork records, supervision documentation, and other information. Users are encouraged to export any records they are entitled to.

4. User Responsibilities

4.1 General User Responsibilities

By accessing or using MentraTrack, users agree to use the Service lawfully, responsibly, and in accordance with these Terms, applicable professional standards, and organizational requirements.

Users are responsible for:

• Providing accurate and complete information.
• Maintaining the confidentiality of their account credentials.
• Using the Service only for authorized professional, educational, and administrative purposes.
• Ensuring that information submitted to the platform complies with applicable laws, privacy requirements, and professional standards.
• Respecting the privacy and confidentiality of other users and organizations.
• Reporting suspected security incidents, unauthorized access, or misuse of the Service.

4.2 Accuracy of Fieldwork and Supervision Records

Trainees, supervisors, and organizations are responsible for ensuring that fieldwork records, supervision documentation, verification forms, and other submitted information are accurate, complete, and consistent with applicable professional requirements.

Users must not:

• Falsify, fabricate, or intentionally misrepresent fieldwork hours or supervision activities.
• Submit inaccurate supervision records or verification forms.
• Approve or verify activities that have not been appropriately reviewed.
• Misrepresent professional credentials, qualifications, or supervisory relationships.
• Use the Service to circumvent applicable certification, licensing, or supervision requirements.

MentraTrack may provide automated calculations, compliance indicators, notifications, and reporting tools to assist users. These features do not replace the responsibility of users and supervisors to verify information and ensure compliance with applicable requirements.

4.3 Prohibition on Client Protected Health Information (PHI)

MentraTrack is designed for professional supervision management, fieldwork tracking, competency development, and organizational oversight.

The Service is not intended for the collection, storage, or processing of identifiable client protected health information (PHI).

MentraTrack is not offered as a HIPAA-compliant service for processing client PHI and does not enter into Business Associate Agreements (BAAs) for the Service.

Users must not submit identifiable client PHI through any part of the platform, including:

• Fieldwork notes and supervision documentation.
• Uploaded files, verification forms, and supporting documents.
• Competency assessments and educational activities.
• AI-powered features and interactions.
• Any other user-generated content.

Users should use de-identified or generalized descriptions when documenting activities involving clients.

Organizations are responsible for instructing their users on appropriate documentation practices and ensuring compliance with applicable privacy and confidentiality requirements.

If a user becomes aware that prohibited client PHI has been submitted, they should promptly notify MentraTrack at support@mentracore.com.

4.4 Prohibited Activities

Users must not engage in activities that compromise the security, integrity, availability, or lawful operation of MentraTrack.

Prohibited activities include:

• Accessing or attempting to access accounts, records, documents, or systems without authorization.
• Circumventing authentication, access controls, or other security measures.
• Sharing account credentials with unauthorized individuals.
• Uploading malware, malicious code, or other harmful material.
• Interfering with or disrupting the Service or its supporting infrastructure.
• Using automated scripts, bots, scraping tools, or similar mechanisms to extract information without prior authorization.
• Attempting to reverse engineer, exploit, or interfere with the platform, except where permitted by applicable law.
• Submitting fraudulent, misleading, unlawful, or otherwise prohibited content.
• Using the Service to harass, threaten, discriminate against, or violate the rights of others.
• Accessing or disclosing another user's confidential information without authorization.

4.5 Uploaded Content and Documents

Users are responsible for ensuring that they have the necessary rights, permissions, and authorizations to submit, upload, or share content through MentraTrack.

Users must not upload content that:

• Violates applicable laws or third-party rights.
• Contains prohibited client PHI.
• Infringes intellectual property rights.
• Contains malicious software or harmful code.
• Is intentionally fraudulent, misleading, or inappropriate for the Service.

Users retain ownership of their original content, subject to applicable third-party rights and organizational agreements.

MentraTrack may process, store, and make content available to authorized users as necessary to provide the Service, subject to these Terms, our Privacy Policy, and applicable agreements.

4.6 Organizational Responsibilities

Organizations using MentraTrack are responsible for:

• Assigning appropriate user roles and permissions.
• Maintaining accurate supervisor-trainee relationships.
• Ensuring that authorized users receive appropriate guidance regarding acceptable use and confidentiality.
• Managing organizational access when users join, leave, or change responsibilities.
• Ensuring that supervision documentation and administrative activities comply with applicable requirements.
• Promptly notifying MentraTrack of suspected unauthorized access or misuse involving organizational accounts.

Organizations must not knowingly authorize or encourage users to violate these Terms.

4.7 AI-Powered Features

Users are responsible for reviewing AI-generated information before relying on it for professional, educational, or administrative purposes.

AI-generated content may contain errors, omissions, or inaccuracies and must not be treated as a substitute for qualified professional judgment or applicable supervisory requirements.

Users must not submit prohibited sensitive information, including identifiable client PHI, through AI-powered features.

Additional information about how customer information is processed in connection with AI functionality is available in our Privacy Policy.

4.8 Enforcement

MentraTrack reserves the right to investigate suspected violations of these Terms and take proportionate action, including restricting functionality, suspending access, removing prohibited content, or terminating accounts when reasonably necessary.

Where appropriate and practicable, we may provide notice and an opportunity to address the violation.

Enforcement actions will be subject to applicable law and any governing organizational agreement.

5. Intellectual Property

5.1 MentraTrack Intellectual Property

The MentraTrack platform, including its software, technology, design, user interface, features, functionality, documentation, trademarks, logos, and other proprietary materials, is owned by MentraCore LLC or its licensors and is protected by applicable intellectual property laws.

Subject to compliance with these Terms and any applicable subscription agreement, MentraTrack grants users a limited, non-exclusive, non-transferable, revocable right to access and use the Service for authorized professional, educational, and administrative purposes during the applicable subscription or access period.

Except as expressly permitted by these Terms or applicable law, users may not:

• Copy, reproduce, modify, distribute, or create derivative works from proprietary portions of the Service.
• Sell, sublicense, lease, or commercially exploit the Service without authorization.
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except where permitted by applicable law.
• Remove or alter proprietary notices, trademarks, or intellectual property markings.
• Use MentraTrack's trademarks, branding, or proprietary materials without prior written authorization.

All rights not expressly granted are reserved by MentraCore LLC and its licensors.

5.2 Ownership of Customer Content

Users and organizations retain their respective ownership rights in the information, records, documents, and other content they submit to MentraTrack ("Customer Content"), subject to applicable third-party rights and organizational agreements.

Customer Content may include:

• Fieldwork hours and supervision records.
• Monthly and final verification forms.
• Supervision agreements and supporting documentation.
• Competency assessments and professional development materials.
• Uploaded documents and files.
• Organizational records and administrative information.
• Other information submitted or generated through authorized use of the Service.

MentraTrack does not claim ownership of Customer Content merely because it is submitted, stored, or processed through the Service.

Nothing in these Terms determines ownership disputes between individual users, supervisors, or organizations. Such rights remain subject to applicable laws and agreements between those parties.

5.3 Limited License to Process Customer Content

By submitting Customer Content to the Service, users and organizations grant MentraCore LLC a limited, non-exclusive, worldwide license to host, store, reproduce, transmit, process, display, and otherwise use such content solely as reasonably necessary to:

• Provide, operate, maintain, and support the Service.
• Enable authorized users to access, review, and manage records and documents.
• Facilitate supervision review, verification, and approval workflows.
• Generate requested reports, verification forms, and other platform outputs.
• Provide authorized organizational reporting and oversight.
• Maintain service security, reliability, backups, and recovery.
• Comply with applicable legal obligations and enforce our agreements.
• Provide requested AI-powered functionality, subject to the limitations described in these Terms and our Privacy Policy.

This license is limited to activities necessary to provide the Service and fulfill applicable contractual, operational, security, and legal obligations.

MentraTrack does not acquire ownership of Customer Content through this license.

5.4 Confidentiality and Restrictions on Public Use

MentraTrack will not publicly disclose, publish, distribute, or use identifiable Customer Content for advertising, promotional materials, or marketing without appropriate authorization, except where required by applicable law.

Customer Content is made available within the Service according to applicable user permissions, authorized supervisory relationships, and organizational access controls.

Any use of an organization's name, logo, or identifying information in marketing materials, public announcements, testimonials, or case studies will be subject to applicable contractual requirements and any required approvals.

5.5 Artificial Intelligence and Model Training

MentraTrack may process Customer Content through AI-powered functionality when necessary to provide features requested or authorized by users.

However:

• MentraTrack does not use Customer Content to train or fine-tune general-purpose AI models.
• MentraTrack does not authorize third-party AI providers to use Customer Content to train or fine-tune their general-purpose AI models.
• Processing of Customer Content for AI-powered features remains subject to applicable privacy, security, and contractual protections.

Additional information regarding AI-related data processing is provided in our Privacy Policy.

5.6 Feedback and Suggestions

Users and organizations may voluntarily provide suggestions, comments, ideas, or feedback regarding the Service ("Feedback").

MentraTrack may use Feedback to improve, develop, and enhance its products and services without compensation to the person providing it.

This permission does not authorize MentraTrack to publicly disclose confidential Customer Content, identifiable supervision records, or organizational information included in Feedback without appropriate authorization.

Users should avoid including confidential or sensitive information when submitting product suggestions.

5.7 Data Access Following Termination

Upon termination or expiration of an applicable subscription, access to the Service and Customer Content may be limited or discontinued according to the applicable subscription agreement.

Customer Content may be retained, exported, or deleted in accordance with our Privacy Policy, applicable laws, and contractual obligations.

Termination of a subscription does not automatically transfer ownership of Customer Content to MentraTrack.

Users and organizations are responsible for exporting records they are entitled to retain before access ends, subject to the functionality and data access provisions available under their applicable agreements.

5.8 Third-Party Intellectual Property

Certain features of the Service may incorporate third-party software, services, libraries, or other materials governed by separate licenses or terms.

Users agree to respect applicable third-party intellectual property rights when accessing or using the Services.

6. AI-Powered Features and Professional Responsibility

MentraTrack may provide artificial intelligence ("AI") powered features designed to assist with professional development, educational activities, competency assessments, supervision-related workflows, and administrative tasks.

These features may include automated suggestions, educational content generation, competency development assistance, and other AI-supported functionality.

The availability and capabilities of AI-powered features may vary depending on the user's subscription, account permissions, and platform updates.

6.2 AI-Generated Content and Accuracy

AI-generated content may contain errors, omissions, inaccuracies, or outdated information.

Users acknowledge that:

• AI-generated outputs are provided for informational, educational, and administrative assistance.
• AI-generated content should be independently reviewed before being relied upon.
• AI-generated outputs do not constitute professional, clinical, legal, or regulatory advice.
• MentraTrack does not guarantee that AI-generated content will be accurate, complete, appropriate, or suitable for a particular purpose.
• Users remain responsible for evaluating AI-generated information before incorporating it into supervision activities, professional decisions, or documentation.

6.3 Professional Judgment and Supervision Responsibilities

AI-powered features are intended to supplement, not replace, qualified professional judgment and supervisory responsibilities.

Trainees, supervisors, and organizations remain responsible for:

• Complying with applicable BACB requirements, professional standards, and licensing regulations.
• Verifying the accuracy and completeness of supervision documentation.
• Evaluating the appropriateness of AI-generated educational or professional development materials.
• Ensuring that supervision decisions are made by appropriately qualified individuals.
• Reviewing AI-assisted documentation before submission or approval.

MentraTrack does not independently certify fieldwork hours, verify professional competency, or guarantee eligibility for certification or licensure.

6.4 Customer Data and AI Processing

Certain AI-powered features may require processing information submitted by users.

When users choose to interact with these features, relevant information may be transmitted to authorized third-party AI service providers for the purpose of generating requested outputs or delivering the applicable functionality.

Such processing is subject to applicable privacy, security, and contractual protections.

MentraTrack does not use Customer Content to train or fine-tune general-purpose AI models and does not authorize third-party AI providers to use Customer Content for such training.

Additional information about customer data processing is provided in our Privacy Policy.

6.5 Prohibited Sensitive Information

Users must not enter, upload, or submit identifiable client protected health information (PHI), confidential client records, or other prohibited sensitive information through AI-powered features.

Users and organizations are responsible for ensuring that information submitted to AI-powered features complies with applicable privacy laws, professional confidentiality obligations, and these Terms.

6.6 AI-Generated Materials and Intellectual Property

Subject to applicable law, third-party rights, and these Terms, users may use AI-generated outputs produced through their authorized use of the Service for legitimate educational, supervision-related, and internal organizational purposes.

MentraTrack does not guarantee that AI-generated outputs are unique, eligible for intellectual property protection, or free from similarities to content generated for other users.

Users are responsible for reviewing AI-generated materials before distributing, publishing, or otherwise relying on them.

6.7 Availability and Changes to AI Features

MentraTrack may modify, improve, replace, or discontinue AI-powered features as technology, provider capabilities, security requirements, or applicable regulations evolve, subject to any governing contractual commitments.

Certain AI-powered features may depend on third-party services and may be temporarily unavailable due to maintenance, service interruptions, or provider limitations.

6.8 Reporting AI-Related Concerns

Users are encouraged to report inaccurate, inappropriate, or potentially harmful AI-generated content, as well as suspected privacy or security concerns involving AI features.

Reports may be submitted to:

support@mentracore.com

7. Data Protection, Privacy, and Retention

7.1 Privacy and Data Protection

MentraTrack collects, processes, stores, and protects personal information and Customer Content in accordance with our Privacy Policy, available at:

https://www.mentratrack.com/privacy-policy

We implement technical, administrative, and organizational safeguards designed to protect information against unauthorized access, disclosure, alteration, and loss.

Our security measures include encryption, authentication, role-based access controls, restricted infrastructure access, security monitoring, and backup procedures.

The specific collection, use, sharing, and retention of personal information are described in our Privacy Policy.

7.2 Access Controls and Data Security

MentraTrack uses role-based access controls designed to restrict access to information according to each user's authorized responsibilities.

Access to fieldwork records, supervision documentation, uploaded files, and organizational information is governed by applicable user permissions and authorized relationships.

These controls are designed around the principle of least privilege.

Users must not attempt to circumvent access restrictions or access information outside their authorized permissions.

Organizations are responsible for managing their authorized users, assigning appropriate roles, and updating permissions when organizational relationships change.

7.3 Document and File Protection

MentraTrack provides functionality for uploading, storing, reviewing, and managing supervision-related documents and supporting files.

Access to documents is governed by applicable user permissions, supervisor-trainee relationships, and organizational access controls.

MentraTrack uses infrastructure and application security safeguards designed to protect uploaded files and restrict unauthorized access.

Users and organizations are responsible for ensuring that uploaded content complies with these Terms, applicable privacy requirements, and professional confidentiality obligations.

7.4 Supervision Records and Approval Workflows

MentraTrack provides workflows through which trainees may submit fieldwork records and authorized supervisors may review, verify, approve, or request changes to submitted information.

The Service may maintain submission statuses, approval information, and other records necessary to support supervision documentation and organizational oversight.

Users remain responsible for the accuracy and completeness of submitted information and for complying with applicable supervision and professional requirements.

Approval of a record within MentraTrack does not constitute independent verification or certification by MentraCore LLC.

7.5 Data Backups and Service Recovery

MentraTrack maintains backup and recovery procedures intended to support data protection and service restoration following infrastructure failures or operational disruptions.

Backup information is subject to applicable infrastructure security measures and access restrictions.

Although we take reasonable precautions to protect customer information, no backup, recovery, or security system can guarantee prevention of all data loss or service interruptions.

7.6 Customer Data Ownership

Users and organizations retain their respective ownership rights in Customer Content, subject to applicable laws, third-party rights, and organizational agreements.

MentraTrack does not claim ownership of Customer Content merely because it is uploaded, stored, or processed through the Service.

Our rights to process Customer Content are limited to those described in Section 5 of these Terms and applicable agreements.

7.7 Data Retention

MentraTrack retains personal information and Customer Content for as long as reasonably necessary to provide the Service, fulfill contractual obligations, comply with applicable legal requirements, and support legitimate operational and security purposes.

Retention periods may vary depending on the type of information and applicable requirements.

Certain historical fieldwork and supervision records may be retained where necessary for legitimate professional recordkeeping, organizational obligations, dispute resolution, or compliance purposes.

Additional information regarding retention practices is available in our Privacy Policy.

7.8 Account Termination and Organizational Changes

Account termination, removal from an organization, and permanent deletion of information are separate processes.

When a user leaves an organization or an account is deactivated:

• Access to organizational information may be modified or revoked.
• Certain historical supervision records may remain available to authorized users for legitimate recordkeeping or contractual purposes.
• Users may retain access to certain personal records according to applicable platform functionality and permissions.
• Information may remain subject to applicable retention requirements.

Termination of a subscription does not automatically result in immediate deletion of all associated records.

7.9 Data Access, Export, and Deletion Requests

Users may request access to, correction of, export of, or deletion of their personal information, subject to applicable law and contractual requirements.

Requests may be submitted to:

support@mentracore.com

We may take reasonable steps to verify the identity and authorization of the requesting individual before processing a request.

For organizational accounts, we may coordinate with authorized organizational representatives where appropriate and consistent with applicable privacy requirements.

Certain information may be retained where required or permitted by applicable law, contractual obligations, or legitimate recordkeeping requirements.

Deletion from active systems may not result in immediate removal from backups, which are managed according to applicable retention procedures.

7.10 Security Incidents and Notifications

MentraTrack maintains processes for investigating and responding to identified security incidents.

Where appropriate, incident response activities may include investigation, containment, remediation, recovery, and assessment of potential impacts on customer information.

We will provide notifications regarding security incidents when required by applicable law or contractual obligations.

7.11 Third-Party Service Providers

MentraTrack may engage third-party service providers to support hosting, storage, communications, payment processing, monitoring, AI-powered functionality, and other operational services.

Such providers may process information on our behalf as necessary to deliver the Service, subject to applicable privacy, security, and contractual requirements.

Additional information about categories of third-party processing is described in our Privacy Policy.

7.12 Security Limitations

While MentraTrack implements safeguards designed to protect customer information, no system, infrastructure, or electronic transmission method can be guaranteed to be completely secure.

8. Subscriptions, Billing, Renewals, and Cancellation

8.1 Subscription Plans

MentraTrack offers subscription plans for individual users and organizations. Plans may be billed monthly, annually, or according to a separately executed agreement.

Subscription pricing, billing frequency, included features, minimum commitments, and applicable discounts are determined by the plan selected at checkout or specified in an applicable Order Form or service agreement.

8.2 Individual Subscriptions

Individual subscriptions are billed according to the pricing and billing frequency presented when the subscription is purchased.

Unless otherwise stated at checkout:

• Subscription fees are charged in advance for each billing period.
• Subscriptions automatically renew until canceled.
• Users may cancel their subscriptions through available account settings or by contacting support.
• Cancellation prevents future renewals but does not automatically provide a refund for the current billing period.
• Users may continue accessing paid features through the end of their paid subscription period, unless access is restricted for another reason permitted under these Terms.

Free trials and promotional offers are subject to the conditions disclosed when the offer is presented.

8.3 Organizational Subscriptions

Organizational subscriptions may include minimum trainee commitments, volume-based pricing, discounted rates, and specific contractual terms.

The applicable Order Form or service agreement will establish:

• The minimum number of billable trainees.
• The applicable per-trainee subscription rate.
• The billing frequency and payment terms.
• Any additional trainee or overage charges.
• The subscription term and renewal conditions.
• Applicable cancellation rights and commitments.

Unless otherwise specified, supervisors and organization administrators are not separately billed under organizational trainee-based subscription plans.

8.4 Flexible Monthly Subscriptions

Certain organizational plans may be offered on a flexible monthly basis.

For these plans:

• Subscription charges are calculated according to the contracted minimum trainee commitment and applicable per-trainee rates.
• Additional active trainees may be billed according to the applicable Order Form.
• Organizations may cancel their subscriptions by providing at least 30 days' written notice.
• The applicable rate may be guaranteed for an agreed pricing period without requiring the organization to maintain its subscription for that entire period.

A pricing guarantee does not, by itself, establish a noncancelable subscription commitment.

8.5 Annual Commitments with Monthly Billing

Certain organizational subscriptions may provide discounted pricing in exchange for a fixed annual commitment while allowing payment in monthly installments.

For these plans:

• The organization commits to the full subscription term specified in the applicable Order Form.
• Subscription fees are billed monthly according to the agreed minimum commitment and per-trainee pricing.
• Additional active trainees may be billed at the contracted rate.
• Monthly billing does not convert a fixed annual commitment into a month-to-month subscription.
• Early termination for convenience is not permitted during the committed term unless expressly authorized by the applicable agreement.

Termination rights for material breach, service failures, or other circumstances will be governed by the applicable agreement and law.

8.6 Annual Prepaid Subscriptions

MentraTrack may offer prepaid annual organizational subscriptions that include a specified number of trainee seats.

For these plans:

• The organization pays the agreed annual subscription amount in advance.
• The subscription includes the number of trainee seats specified in the Order Form.
• Additional active trainees exceeding the prepaid seat allowance may be billed separately at the contracted overage rate.
• Additional trainee charges may be billed monthly or according to the applicable agreement.
• Annual prepaid subscriptions are subject to the agreed contractual commitment.
• Prepaid fees are nonrefundable for cancellation for convenience, except where otherwise required by applicable law or expressly provided in the governing agreement.

The applicable agreement will govern any refunds or other remedies arising from material breaches, qualifying service failures, or other circumstances.

8.7 Active Trainees and Minimum Commitments

For organizational subscriptions, billing may be based on the number of active trainees associated with the organization, subject to an agreed minimum commitment.

Unless otherwise defined in the applicable Order Form, an active trainee is a trainee whose account is designated as active within the organization's subscription during the relevant billing period.

The organization remains responsible for its contracted minimum subscription charges even when its actual number of active trainees falls below the agreed minimum.

Where prepaid seat allowances apply, trainee accounts may be added, removed, or reassigned in accordance with applicable platform functionality and contractual terms.

8.8 Automatic Renewals and Pricing Changes

Subscriptions may renew automatically according to the terms disclosed at purchase or specified in an applicable agreement.

For organizational subscriptions:

• Renewal terms and notice requirements will be governed by the applicable Order Form or service agreement.
• Contracted pricing will remain effective during the agreed pricing period.
• Any renewal price adjustments will be subject to applicable contractual limitations, including any negotiated annual increase cap.
• MentraTrack will not automatically replace a negotiated contractual rate with standard list pricing where the applicable agreement expressly preserves that rate upon renewal.

For individual subscriptions, we may modify pricing upon providing notice as required by applicable law.

Any material changes to recurring charges will be handled in accordance with applicable agreements and legal requirements.

8.9 Payment Authorization and Failed Payments

By providing a payment method, the customer authorizes MentraTrack and its designated payment processors to charge applicable subscription fees, renewal charges, additional trainee fees, and other amounts authorized under the selected plan or agreement.

Customers are responsible for maintaining accurate and current billing information.

If a payment fails or becomes overdue, MentraTrack may:

• Notify the customer of the outstanding payment.
• Attempt to process payment using an authorized payment method.
• Request updated payment information.
• Suspend or restrict access after appropriate notice, subject to applicable agreements and legal requirements.

Any applicable late-payment charges or collection costs must be authorized by the governing agreement and applicable law.

8.10 Taxes

Subscription fees may be subject to applicable sales, use, value-added, or similar taxes.

Unless otherwise stated, advertised prices exclude applicable taxes.

Customers are responsible for taxes associated with their purchases, excluding taxes assessed on MentraTrack's income.

8.11 Promotional Offers and Complimentary Onboarding

MentraTrack may offer free trials, promotional discounts, or complimentary onboarding periods.

The duration, eligibility requirements, included functionality, and billing commencement date for such offers will be disclosed at the time of the offer or documented in the applicable agreement.

Promotional offers do not modify an existing subscription or contractual commitment unless expressly agreed in writing.

8.12 Cancellation and Refund Requests

Customers may request cancellation through available account functionality or by contacting:

support@mentracore.com

Cancellation eligibility, effective dates, and refund rights depend on the applicable subscription plan, governing agreement, and applicable law.

Unless otherwise required by law or expressly provided in an applicable agreement:

• Flexible monthly subscriptions may be canceled according to their applicable notice requirements.
• Fixed-term subscriptions remain subject to their agreed commitments.
• Annual prepaid subscriptions are not refundable solely because the customer chooses to discontinue use before the end of the committed term.
• Termination of a subscription does not automatically result in immediate deletion of customer records or personal information.

Data access, export, retention, and deletion are governed by Section 7 of these Terms, our Privacy Policy, and applicable agreements.

8.13 Conflicts with Organizational Agreements

If an organization has executed a separate Cloud Service Agreement, Order Form, or other written subscription agreement with MentraCore LLC, the terms of that agreement will control over conflicting provisions of this Section 8 with respect to the covered subscription.

9. Disclaimers, Limitation of Liability, and Professional Responsibilities

9.1 Service Provided for Administrative and Educational Purposes

MentraTrack provides software tools designed to assist with fieldwork tracking, supervision management, professional development, competency assessments, and organizational oversight.

The Service is intended to support users in documenting, organizing, and monitoring professional activities. It does not independently verify professional qualifications, certify fieldwork hours, or determine eligibility for certification or licensure.

Users acknowledge that the Service is a supporting administrative and educational tool and does not replace professional judgment, supervisory oversight, or compliance with applicable certification and licensing requirements.

9.2 BACB and Regulatory Compliance Disclaimer

MentraTrack is an independent platform and is not affiliated with, sponsored by, endorsed by, or operated by the Behavior Analyst Certification Board (BACB).

Although MentraTrack may provide calculations, compliance indicators, notifications, verification forms, and other tools based on published professional requirements, we do not guarantee that use of the Service will satisfy all applicable certification, supervision, licensing, or regulatory requirements.

Trainees, supervisors, and organizations remain responsible for:

• Understanding and complying with applicable BACB requirements and professional standards.
• Verifying the accuracy and completeness of fieldwork hours and supervision records.
• Reviewing calculations, compliance indicators, and generated verification forms.
• Ensuring that supervision activities meet applicable professional requirements.
• Maintaining any additional records required by applicable certification bodies or regulatory authorities.
• Monitoring changes to professional standards and requirements.

MentraTrack may update its features and calculations in response to changes in professional requirements. Such updates may not be available immediately upon publication of new standards.

9.3 Accuracy of Records and Automated Calculations

MentraTrack uses automated calculations and processing to assist users with fieldwork documentation, supervision requirements, and progress monitoring.

While we endeavor to maintain accurate and reliable functionality, automated calculations, reports, and generated documents may contain errors or may not reflect every circumstance applicable to an individual user.

Users and supervisors are responsible for reviewing and verifying their records before relying on them for certification applications, audits, professional documentation, or other consequential purposes.

MentraTrack does not guarantee that records generated through the Service will be accepted by any certification body, licensing authority, employer, or other third party.

9.4 AI-Generated Content Disclaimer

Certain MentraTrack features may use artificial intelligence to generate educational content, suggestions, assessments, or other assistance.

AI-generated information may contain inaccuracies, omissions, or outdated information.

Users are responsible for independently reviewing AI-generated outputs before using them in professional, educational, administrative, or supervisory contexts.

AI-generated content does not constitute clinical, legal, regulatory, or professional advice and is not a substitute for qualified professional judgment.

9.5 Service Availability and Data Protection

MentraTrack endeavors to provide reliable and secure access to the Service.

However, the Service may experience temporary interruptions, maintenance periods, technical errors, or disruptions caused by infrastructure or third-party service providers.

Except as expressly provided in an applicable service agreement, MentraTrack does not guarantee uninterrupted, error-free, or continuously available operation.

We maintain security, backup, and recovery measures as described in our Privacy Policy.

Nothing in this section limits specific service commitments, security obligations, or remedies expressly provided under an applicable Cloud Service Agreement or other executed contract.

9.6 Disclaimer of Warranties

To the maximum extent permitted by applicable law, and except for warranties expressly provided in an applicable written agreement, the Service is provided on an "as is" and "as available" basis.

MentraCore LLC disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the extent permitted by law.

We do not warrant that:

• The Service will be uninterrupted or entirely free of errors.
• All automated calculations or generated documents will be accurate in every circumstance.
• The Service will satisfy every user's particular certification, licensing, or organizational requirements.
• All defects or interruptions will be corrected within a specific period unless expressly agreed in writing.

These disclaimers do not exclude warranties or rights that cannot lawfully be excluded.

9.7 Limitation of Liability

To the maximum extent permitted by applicable law, MentraCore LLC and its officers, employees, contractors, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to the Service, including lost profits, lost business opportunities, or business interruption, except where such exclusions are prohibited by applicable law.

Except for liabilities that cannot lawfully be limited, MentraCore LLC's aggregate liability arising from or relating to the Service will not exceed the total subscription fees paid or payable by the applicable customer for the Service during the twelve (12) months immediately preceding the event giving rise to the claim.

This limitation applies to claims arising under contract, tort, or other legal theories, to the extent permitted by applicable law.

The limitations in this section do not override remedies or liability provisions expressly established in a separately executed agreement.

9.8 Third-Party Services and Dependencies

MentraTrack may rely on third-party providers for cloud infrastructure, storage, payment processing, communications, monitoring, and AI-powered functionality.

Although we take reasonable measures in selecting and managing service providers, certain disruptions or limitations may arise from third-party systems outside our direct control.

Nothing in this section eliminates MentraTrack's obligations under applicable law or any governing agreement.

9.9 No Waiver of Non-Excludable Rights

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, or other matters to the extent such liability cannot lawfully be excluded or limited.

Nothing in these Terms restricts rights or remedies available to consumers under applicable law that cannot be waived by contract.

9.10 Organizational Agreements Take Precedence

Where an organization has entered into a separate Cloud Service Agreement, Order Form, or other executed agreement with MentraCore LLC, the applicable agreement will control over conflicting provisions of this Section 9.

10. General Terms

10.1 Changes to These Terms

MentraCore LLC may update these Terms periodically to reflect changes in our services, business practices, legal requirements, security measures, or operational procedures.

When changes are made, we will update the "Last Updated" date associated with these Terms.

For material changes that significantly affect users' rights or obligations, we will provide reasonable notice as required by applicable law. Such notice may be provided through the Service, by email, or through another appropriate communication method.

Unless otherwise required by law or an applicable agreement, updated Terms will become effective on the date specified in the notice or published Terms.

Continued use of the Service after updated Terms become effective may constitute acceptance where permitted by applicable law.

Changes to these Terms will not retroactively modify the pricing, duration, termination rights, or other expressly negotiated provisions of an existing organizational agreement unless agreed by the parties or otherwise permitted under that agreement.

10.2 Governing Law

These Terms and any disputes arising from or relating to the Service will be governed by the laws of the State of California, United States, without regard to its conflict-of-law principles, except where applicable law requires otherwise.

Any legal proceedings arising from or relating to these Terms will be brought in the state or federal courts located in San Diego County, California, unless otherwise required by applicable law or agreed in a separately executed contract.

Each party consents to the jurisdiction of those courts, subject to applicable legal protections.

10.3 Notices and Communications

MentraTrack may provide service-related notices, account notifications, billing communications, security alerts, and other operational information electronically.

Notices may be delivered through:

• The email address associated with a user's account.
• Notifications within the MentraTrack platform.
• Notices published on our website, where appropriate.
• Other communication methods permitted under applicable agreements.

Users and organizations are responsible for maintaining accurate contact information.

Formal legal notices under a separately executed organizational agreement must be delivered in accordance with the notice provisions of that agreement.

10.4 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms expressly incorporated into the applicable subscription, constitute the agreement governing use of the Service, except where a separately executed agreement provides otherwise.

For organizational customers, a Cloud Service Agreement, Order Form, or other executed written agreement may establish additional or different contractual obligations.

In the event of a conflict, the separately executed agreement will control with respect to the subject matter and services it governs.

10.5 Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in full force and effect.

10.6 Waiver

A failure or delay by MentraCore LLC to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

Any waiver must be expressly provided in writing by an authorized representative of MentraCore LLC.

10.7 Assignment

Users may not transfer or assign their rights or obligations under these Terms without MentraCore LLC's prior written consent, except where applicable law provides otherwise.

MentraCore LLC may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all relevant business assets, subject to applicable law and contractual obligations.

Any assignment will not eliminate applicable privacy, confidentiality, or data protection obligations.

10.8 Force Majeure

Neither party will be liable for delays or failures to perform nonpayment obligations caused by events beyond its reasonable control, including natural disasters, widespread internet outages, governmental actions, labor disruptions, or other extraordinary circumstances, provided that the affected party takes reasonable steps to mitigate the impact.

This provision does not excuse obligations that cannot lawfully be excluded or override applicable service commitments or remedies in a separately executed agreement.

10.9 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between users and MentraCore LLC.

MentraTrack provides software and related services but does not become a professional supervisor, employer, certification authority, or licensing body solely through use of the platform.

10.10 No Third-Party Beneficiaries

Except where expressly stated in these Terms or required by applicable law, these Terms are intended solely for the benefit of MentraCore LLC and the users or organizations bound by them.

They do not create enforceable rights for unrelated third parties.

10.11 Contact Information

If you have questions about these Terms, your subscription, or your use of MentraTrack, please contact:

MentraCore LLC
Operating as MentraTrack

Email: support@mentracore.com

Website: https://www.mentratrack.com

Privacy Policy: https://www.mentratrack.com/privacy-policy

Service Status: https://status.mentratrack.com

Address: 1111 6TH AVE STE 550 #206628, San Diego CA 92101‍

Formal legal notices should be submitted in accordance with any applicable written agreement or through a legally valid notice method.

10.12 Effective Date

These Terms are effective as of the "Last Updated" date published on this page.

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