Terms of Service

The Service is a business tool. It is not for personal, family or household use. You must be at least 18 years old to create an account or use the portal.

In these terms, "Customer" means the business that holds an account (an organization on the platform), and "Users" means the people the Customer invites into it. The Customer is responsible for its Users, for keeping their logins private, and for everything done under its account.

"Customer Content" is everything a Customer or its Users put into the Service or publish through it: records about clients, leads and contacts, messages, files, photos, website pages, blog posts, brochures and the like.

The Customer owns its Customer Content and is responsible for it. That includes making sure it is accurate, lawful, and that the Customer has every right, license and consent needed to upload it, publish it, and use it the way it does. We don't review Customer Content before it goes live, and a Customer's public website or page is that Customer's publication, not ours.

The Customer grants NewMent a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display Customer Content, only as needed to run, secure, support and improve the Service for that Customer. This license ends when the content is deleted from the Service, except for copies kept in backups for a limited time or where the law requires us to keep them.

You agree not to use the Service to:

• publish or share material that infringes anyone's copyright, trademark, privacy or other rights;
• do anything unlawful, fraudulent or deceptive, or help someone else do it;
• send spam, or messages to people who have not agreed to hear from you or who have opted out;
• upload malware, probe or break the Service's security, or get into another Customer's data;
• harass, threaten or exploit anyone, or publish sexual content involving minors;
• overload the Service, scrape it, or resell it without our written permission.

Messaging is your responsibility. The Service lets Customers send email and text messages (SMS) to their own contacts and make calls through connected providers. When you do, you are the sender. You are responsible for complying with the laws that apply, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), carrier rules and state law. In practice that means getting the consent the law requires before you text or call someone, honoring opt-out requests (STOP replies and unsubscribe links) promptly, identifying your business, and keeping the records that prove consent. We may suspend messaging for an account that draws complaints, carrier blocks or legal risk.

Parts of the Service use artificial intelligence to draft text, summarize calls and meetings, read documents, sort messages and generate images. AI output can be wrong, incomplete or out of date, and it can sound confident when it is. Review it before you rely on it, send it, or publish it. You are responsible for what you do with it. AI output is not legal, financial, engineering or other professional advice.

You can connect outside services to the Service, such as Google, Meta, Square, PandaDoc or a phone provider. Your use of those services is governed by their own terms. We aren't responsible for them, and if a provider changes or stops its service, the connected feature may stop working.

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act. How to send a notice or a counter-notice, and who our designated agent is, are set out on our DMCA page.

We may remove or disable content that is the subject of a notice. In appropriate circumstances we will terminate the accounts of Customers and Users who are repeat infringers.

If your plan is paid, you agree to pay the fees in your order or invoice. Fees are not refundable unless your order says otherwise or the law requires it. We may suspend an account that is past due.

You can stop using the Service at any time. We may suspend or end your access, in whole or in part, if you break these terms, if your use creates legal or security risk for us or others, or if we are required to by law. Where it is reasonable, we will tell you first and give you a chance to fix the problem.

When an account ends, the Customer may ask us for an export of its Customer Content within 30 days. After that we may delete it. Sections 2 (the parts about responsibility), 4, and 9 through 13 survive termination.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, NEWMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON'T PROMISE THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MESSAGES WILL BE DELIVERED, OR THAT AI OUTPUT OR THIRD-PARTY DATA (SUCH AS PROPERTY, ZONING OR MAP DATA) WILL BE ACCURATE.

TO THE FULLEST EXTENT THE LAW ALLOWS, NEWMENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED U.S. DOLLARS ($100).

The Customer will defend and indemnify NewMent and its officers, employees and contractors against any third-party claim, and the losses, damages and reasonable legal fees that come with it, arising from the Customer's Content, the messages it sends, its websites and pages, or its or its Users' breach of these terms or of the law.

These terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute relating to the Service or these terms will be heard only in the state or federal courts located in Los Angeles County, California, and you and we consent to their jurisdiction.

We may update these terms. When a change is material, we will tell account owners by email or in the portal before it takes effect. Continuing to use the Service after that means you accept the new terms.

If a court finds part of these terms unenforceable, the rest still applies. Our not enforcing a term is not a waiver of it. You may not transfer these terms without our consent; we may transfer them as part of a merger, acquisition or sale of assets. These terms, together with any order you sign with us, are the whole agreement on this subject.

Questions about these terms: