Terms of Service

MENTRA LABS, INC.

TERMS OF SERVICE (GLOBAL)

Effective Date: March 18, 2026

Last Updated: March 18, 2026

1. Introduction and Acceptance

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Mentra Labs, Inc. (“Mentra,” “we,” “us,” or “our”) governing your access to and use of:

• Mentra Live smart glasses and related hardware (“Hardware”)
• MentraOS open-source operating system (“OS”)
• Mentra App for iOS and Android devices (“App”)
• Mentra Store miniapp marketplace (“Store”)
• MentraAI features and services
• Our websites at mentraglass.com and related domains
• All related software, services, and features (collectively, the “Services”)

By accessing or using the Services, purchasing Hardware, downloading the App, or creating a Mentra account, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Eligibility

2.1 Age Requirements

• You must be at least 13 years old to use the Services.
• If you are between 13 and 18 years old (or below the age of majority in your jurisdiction), you may use the Services only with the consent of a parent or legal guardian who agrees to be bound by these Terms.

Hardware Age Recommendations: Separate from account eligibility, the Hardware is not recommended for children under seven (7) years of age due to ongoing eye development. For users aged 7–17, parental supervision during Hardware use is recommended. See Section 10.6 (Health and Safety) for additional information.

2.2 Account Registration

Certain features require you to create a Mentra account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your account credentials confidential
• Accept responsibility for all activities occurring under your account
• Notify us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms.

3. Hardware Purchase and Warranty

3.1 Purchase Terms

Hardware purchases through our website or authorized retailers are subject to our order confirmation process. We reserve the right to refuse or cancel orders for any reason, including pricing errors, inventory limitations, or suspected fraud.

3.2 Shipping and Delivery

Shipping terms, costs, and estimated delivery times are provided at checkout. Risk of loss transfers to you upon delivery to the carrier. We are not responsible for delays caused by carriers, customs, or events beyond our control.

3.3 Limited Hardware Warranty

Mentra warrants that Hardware will be free from defects in materials and workmanship for a period of one (1) year from the date of original retail purchase (“Warranty Period”). This warranty is non-transferable and applies only to the original purchaser.

This warranty does not cover:

• Normal wear and tear
• Cosmetic damage (scratches, dents)
• Damage caused by accident, misuse, abuse, or neglect
• Damage caused by service performed by anyone other than an authorized Mentra service provider
• Damage caused by use with products not manufactured by Mentra
• Damage caused by modifications or alterations
• Water damage beyond specified water resistance ratings (if applicable)
• Lens damage or prescription lenses installed by third parties
• Tampering with, disabling, or obscuring the recording indicator LED
• Failure to install required security updates after ninety (90) days' notice
• Beta features, experimental software, pre-release functionality, or features marked as “preview” or “early access”
• Loss or theft of the Hardware

Warranty claims must be submitted to support@mentraglass.com within the Warranty Period. Our sole obligation is to repair or replace the defective Hardware, at our discretion.

3.4 Compatibility

The Services may require compatible Hardware, mobile devices, or accessories. Mentra does not guarantee compatibility with all third-party devices. MentraOS may be installed on compatible third-party smart glasses (e.g., Even Realities, Vuzix), but compatibility and functionality may vary. See Section 4.6 for additional terms regarding third-party hardware.

3.5 Returns and Refunds

Please refer to our Return Policy at mentraglass.com/refund-policy for information regarding returns and refunds.

4. Software and Services

4.1 Overview

The Services include both open-source software (MentraOS) and proprietary services (cloud infrastructure, MentraAI, Mentra Store). Different license terms apply to each as described below.

4.2 MentraOS Open Source License

MentraOS is open-source software. The source code is publicly available and licensed under the MIT License. You may use, modify, and distribute MentraOS in accordance with the applicable open-source license terms, which are available at:

• Source code repository: https://github.com/Mentra-Community/MentraOS
• License terms: https://github.com/Mentra-Community/MentraOS/blob/main/LICENSE

Open Source Rights

Subject to the applicable open-source license, you may:

• Access, review, and audit the MentraOS source code
• Modify MentraOS for your own use
• Contribute to the development of MentraOS
• Distribute MentraOS or derivative works in compliance with the license terms

Open Source Limitations

The open-source license for MentraOS does not grant rights to:

• Mentra trademarks, logos, or branding (see Section 8.2)
• Mentra's proprietary cloud services, APIs, or backend infrastructure
• Third-party components included in MentraOS that are subject to separate licenses
• First-Party Miniapps developed by Mentra (which may be proprietary)

4.3 Third-Party Open Source Components

MentraOS and the Mentra App incorporate third-party open-source components, each governed by its respective license. A complete list of third-party components and their licenses is available at docs.mentraglass.com/third-party-licenses. To the extent any third-party open-source license conflicts with these Terms, the open-source license controls for that component only.

4.4 Proprietary Services License

Notwithstanding the open-source nature of MentraOS, certain Services remain proprietary, including:

• Mentra cloud relay infrastructure
• MentraAI backend services
• Mentra Store platform
• Mentra account services
• First-Party Miniapps (unless separately designated as open source)

For these proprietary Services, Mentra grants you a limited, non-exclusive, non-transferable, revocable license to access and use them for personal, non-commercial purposes, subject to these Terms.

4.5 License Restrictions for Proprietary Services

With respect to proprietary Services (not MentraOS open-source components), you agree not to:

• Copy, modify, or distribute the proprietary Services except as expressly permitted
• Reverse engineer, decompile, or disassemble the proprietary Services, except as permitted by applicable law
• Remove, alter, or obscure any proprietary notices
• Use the proprietary Services to develop competing products
• Circumvent technological measures designed to control access
• Use the Services in violation of applicable law
• Sublicense, sell, or transfer your rights to the proprietary Services

4.6 Installation on Third-Party Hardware

MentraOS is designed to be installed on compatible third-party smart glasses (e.g., Even Realities, Vuzix) in addition to Mentra Live hardware. When you install MentraOS on third-party hardware:

• Your use of MentraOS is governed by the applicable open-source license
• Your use of Mentra's proprietary cloud services remains subject to these Terms
• Mentra does not warrant compatibility, performance, or functionality on third-party hardware
• You assume all risk associated with installation on non-Mentra hardware
• Third-party hardware manufacturers' warranties may be voided; consult their terms

4.7 Updates

We may release updates, patches, or new versions of the software at our discretion. Some updates may be required for continued use of the proprietary Services. By using the Services, you consent to automatic delivery and installation of critical security updates.

Updates may add, modify, or remove features. Failure to install required security updates may result in reduced functionality, security vulnerabilities, or loss of warranty coverage. Certain critical security updates may install automatically to protect Hardware and Services integrity.

By using the Services, you consent to automatic delivery and installation of critical security updates. You may defer non-critical feature updates but acknowledge this may affect performance or compatibility.

4.8 Software Support and End-of-Life

Technical software support is provided for the duration of the hardware warranty period (one year from purchase). After the warranty period, feature updates and technical support may be discontinued or available on a fee basis.

End-of-Life Policy: Mentra reserves the right to discontinue the Software or specific Software features with ninety (90) days' notice to registered users. After discontinuation, the Hardware may lose functionality, cloud-based features may become unavailable, and mobile applications may be removed from app stores. Mentra is not obligated to provide refunds for discontinued software features.

5. Artificial Intelligence Services

5.1 MentraAI Features

MentraAI provides AI-powered features including live captioning, translation, teleprompter, note-taking, visual assistance, and conversational AI. These features utilize third-party AI providers including Google (Gemini) and OpenAI (ChatGPT).

5.2 AI Limitations and Disclaimers

5.3 AI Usage Policies

When using AI features, you agree not to:

• Use AI to generate harmful, illegal, abusive, or fraudulent content
• Attempt to extract training data or model weights
• Use AI outputs in ways that violate third-party rights
• Misrepresent AI outputs as human-generated when disclosure is required
• Use AI to circumvent safety measures or content policies

5.4 AI Transparency and Labeling

In compliance with applicable AI transparency regulations, including the EU AI Act:

• (a) AI System Disclosure: When you use MentraAI features, you are interacting with an artificial intelligence system. This is disclosed in the user interface and in our Privacy Notice.
• (b) AI-Generated Content Identification: AI-generated content (including captions, translations, summaries, and responses) is identified as AI-generated within the user interface through appropriate labels and indicators.
• (c) Implicit Labeling: Where AI-generated content can be downloaded or exported, metadata labels are embedded in accordance with applicable technical standards.

5.5 Third-Party AI Terms

Your use of AI features is also subject to the applicable terms and policies of our AI providers (including Google and OpenAI). We are not responsible for actions taken by third-party AI providers.

6. Mentra Store and Third-Party Miniapps

6.1 Mentra Store

The Mentra Store provides access to miniapps developed by Mentra (“First-Party Miniapps”) and by independent third-party developers (“Third-Party Miniapps”). First-Party Miniapps are governed by these Terms. Third-Party Miniapps are governed by the terms and privacy policies established by their respective developers.

6.2 Third-Party Miniapps — Important Disclaimer

6.3 Limitation of Liability for Third-Party Miniapps

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MENTRA DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, OR HARM ARISING FROM OR RELATED TO YOUR USE OF THIRD-PARTY MINIAPPS, including but not limited to:

• Data breaches or privacy violations by Third-Party Miniapp developers
• Malfunction, errors, or bugs in Third-Party Miniapps
• Content or conduct within Third-Party Miniapps
• Transactions or interactions between you and Third-Party developers
• Injury, property damage, or other harm resulting from use of Third-Party Miniapps
• Intellectual property infringement by Third-Party Miniapps
• Third-Party Miniapp termination, modification, or unavailability

You assume all risk associated with your use of Third-Party Miniapps.

6.4 Miniapp Permissions

When installing a miniapp, you may be asked to grant permissions for sensor access (camera, microphone, IMU, location). You are responsible for reviewing permission requests and granting only those permissions you are comfortable with. You can revoke permissions at any time through the Mentra App settings.

6.5 Miniapp Removal

We reserve the right to remove any miniapp from the Store, with or without notice, for any reason, including violation of our developer policies or these Terms. Removal from the Store may not automatically uninstall the miniapp from your device.

6.6 Developer Program

If you are a developer interested in publishing miniapps, separate Developer Terms apply. See console.mentraglass.com for details.

7. User Content and Conduct

7.1 User Content

“User Content” means any content you create, record, stream, upload, or share using the Services, including photos, videos, audio recordings, notes, and transcriptions.

You retain ownership of your User Content. By using the Services, you grant Mentra a worldwide, non-exclusive, royalty-free license to host, store, transmit, and display your User Content solely as necessary to provide the Services to you. This license terminates when you delete your User Content or close your account.

7.2 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights and permissions to create, record, and share your User Content
• Your User Content does not infringe any third-party rights (including intellectual property, privacy, and publicity rights)
• Your User Content complies with all applicable laws

7.3 Recording and Streaming Laws

When using camera and microphone features, you are responsible for complying with all applicable laws regarding:

• Recording consent (many jurisdictions require consent of all parties being recorded)
• Photography and videography in public and private spaces
• Live streaming regulations
• Privacy rights of third parties

Prohibited Recording Locations

You shall NOT use the recording features in locations where individuals have a reasonable expectation of privacy, including but not limited to:

• Bathrooms and restrooms
• Locker rooms
• Changing rooms and dressing rooms
• Medical examination rooms
• Hotel rooms (without occupant consent)
• Private residences (without occupant consent)
• Any location where recording is prohibited by law or posted notice

Recording Indicator LED

The Hardware is equipped with an external-facing indicator light that activates when the camera or microphone is recording.

You shall NOT:

• Tamper with, disable, or obscure this indicator light
• Cover the indicator light with tape, stickers, or other materials
• Modify the Hardware or software to prevent the indicator from functioning
• Use any method to defeat or circumvent the recording indicator

Mentra is not responsible for your compliance with recording and streaming laws.

7.4 Prohibited Conduct

You agree not to:

• Use the Services to record, stream, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Record or stream individuals without their consent where required by law
• Use the Services to stalk, harass, or invade the privacy of others
• Impersonate any person or entity
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any part of the Services
• Use the Services for commercial purposes without authorization
• Engage in any activity that could damage, disable, or impair the Services

7.5 Content Moderation

We do not proactively monitor User Content. However, we reserve the right to remove or disable access to any content that violates these Terms, and to suspend or terminate accounts engaged in prohibited conduct.

8. Intellectual Property

8.1 Open Source Software

MentraOS is released as open-source software under the MIT license. The source code, documentation, and related materials for MentraOS are governed by the applicable open-source license, not these Terms. You may exercise your rights under the open-source license without limitation by these Terms.

The open-source nature of MentraOS enables:

• Transparency: You can review the source code to understand how the software operates, including how sensor data is collected, processed, and transmitted
• Auditability: Security researchers, privacy advocates, and the community can audit the code for vulnerabilities or privacy concerns
• Community Development: Developers can contribute improvements, bug fixes, and new features
• User Control: You can modify the software to suit your preferences or privacy requirements

8.2 Mentra Trademarks

“Mentra,” “Mentra Live,” “MentraOS,” “MentraAI,” the Mentra logo, and related branding elements are trademarks of Mentra Labs, Inc. (“Mentra Marks”). The open-source license for MentraOS does not grant any rights to use Mentra Marks.

You may not use Mentra Marks:

• In a manner likely to cause confusion about the source or sponsorship of products or services
• To imply endorsement by Mentra without written permission
• In connection with products or services that do not originate from Mentra
• In any manner that disparages or damages Mentra's reputation

Permitted Trademark Uses: You may make fair use of Mentra Marks for purposes of identification, commentary, or criticism, consistent with applicable trademark law. If you distribute modified versions of MentraOS, you must clearly indicate that your version is modified and not officially supported by Mentra.

8.3 Proprietary Content and Services

Notwithstanding the open-source nature of MentraOS, the following remain proprietary to Mentra or its licensors and are protected by copyright, trade secret, and other intellectual property laws:

• Mentra cloud infrastructure, APIs, and backend services
• MentraAI models, training data, and service configurations
• Mentra Store platform and curation
• First-Party Miniapps (unless separately designated as open source)
• Marketing materials, website content, and documentation (except technical documentation released under open-source licenses)
• Hardware designs and specifications (except those released under open-hardware licenses)

8.4 User Content

You retain ownership of your User Content. By using the Services, you grant Mentra a worldwide, non-exclusive, royalty-free license to host, store, transmit, and display your User Content solely as necessary to provide the Services to you. This license terminates when you delete your User Content or close your account.

8.5 Contributions to Open Source

If you contribute code, documentation, or other materials to MentraOS or other Mentra open-source projects, your contributions are governed by the applicable open-source license and any Contributor License Agreement we may require. By contributing, you represent that you have the right to make the contribution under the applicable license.

8.6 Feedback

If you provide feedback, suggestions, or ideas regarding the proprietary Services (“Feedback”), you grant Mentra a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback without restriction, attribution, or compensation to you. This does not apply to contributions made to open-source projects under an open-source license.

9. Privacy and Data Transfers

9.1 Privacy Notice

Your use of the Services is subject to our Privacy Notice at https://mentraglass.com/privacy, which describes how we collect, use, disclose, and transfer your personal information. By using the Services, you acknowledge that you have read and understood our Privacy Notice.

9.2 Cross-Border Data Transfers

Our Services involve the transfer of personal information to the United States and other countries where our service providers operate. By using the Services, you consent to the transfer of your personal information outside your country of residence.

If you are located in the European Economic Area, United Kingdom, or Switzerland, your personal information will be transferred pursuant to appropriate safeguards as described in the Privacy Notice, including Standard Contractual Clauses approved by the European Commission.

10. Disclaimers

10.1 “As Is” and “As Available”

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the maximum extent permitted by law, Mentra disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that the Services will be uninterrupted, error-free, or secure
• Warranties regarding third-party content, products, or services

10.2 AI and Translation Disclaimer

AI outputs, including captions, translations, transcriptions, and answers, are provided for informational and convenience purposes only. Mentra makes no warranty regarding the accuracy, completeness, or reliability of AI outputs.

10.3 Third-Party Services Disclaimer

Mentra is not responsible for any third-party services, including Third-Party Miniapps, streaming platforms, AI providers, or linked websites. Your use of third-party services is at your own risk and subject to their respective terms.

10.4 No Professional Advice

The Services do not provide medical, legal, financial, or other professional advice. Consult qualified professionals for such matters.

10.5 Open Source Disclaimer

MENTRAOS OPEN-SOURCE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE DISCLAIMERS AND LIMITATIONS IN THE APPLICABLE OPEN-SOURCE LICENSE APPLY TO MENTRAOS.

10.6 Health and Safety

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MENTRA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or other intangible losses
• Damages arising from your use or inability to use the Services
• Damages arising from Third-Party Miniapps or third-party services
• Damages arising from AI outputs or reliance thereon
• Damages arising from unauthorized access to or alteration of your data
• Any other damages beyond those that cannot be excluded under applicable law

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MENTRA'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

1. The amounts you paid to Mentra in the twelve (12) months preceding the claim, or
2. One hundred dollars ($100 USD)

11.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Mentra and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights, including privacy, intellectual property, or recording consent laws
• Your use of Third-Party Miniapps
• Any third-party claims arising from your recording, streaming, or sharing of content

13. Termination

13.1 Termination by You

You may terminate your account at any time by following the instructions in the Mentra App or by contacting support@mentraglass.com.

13.2 Termination by Mentra

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including:

• Violation of these Terms
• Suspected fraud or abuse
• Extended periods of inactivity
• Legal or regulatory requirements
• Discontinuation of the Services
• Failure to install required security updates after ninety (90) days' notice
• Tampering with the recording indicator LED
• Use of Services in safety-critical applications prohibited under Section 5.2
• Transfer or resale of the Hardware (license is non-transferable)

13.3 Effect of Termination

Upon termination:

• Your license to use the proprietary Services terminates immediately
• You must cease use of Mentra's proprietary cloud services
• Your User Content may be deleted after a reasonable retention period
• Your rights under the MentraOS open-source license are not affected by termination of these Terms
• Sections that by their nature should survive termination will survive

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at legal@mentraglass.com to attempt informal resolution. We will attempt to resolve disputes within thirty (30) days.

14.2 Arbitration Agreement (U.S. Users)

14.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

• (a) European Union: If you are located in the European Union, mandatory provisions of EU law (including the GDPR and EU AI Act) shall apply to the extent they provide rights that cannot be waived.
• (b) United Kingdom: If you are located in the United Kingdom, mandatory provisions of UK law (including the UK GDPR) shall apply to the extent they provide rights that cannot be waived.

For claims not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

16. Regulatory Compliance

16.1 FCC Compliance (United States)

This device complies with Part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.

16.2 California Proposition 65

16.3 Battery and E-Waste Disposal

The Hardware contains a lithium-ion battery and electronic components that should not be disposed of in regular household waste. Please follow local regulations for electronic waste disposal and battery recycling.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Notice and any other policies referenced herein, constitute the entire agreement between you and Mentra regarding the Services. The applicable open-source license governs your use of MentraOS to the extent it conflicts with these Terms.

17.2 Severability

If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any provision is not a waiver of that provision or any other provision.

17.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 Notices

We may provide notices to you via email, in-app notification, or posting on our website. Notices to Mentra must be sent to legal@mentraglass.com.

17.6 Force Majeure

Mentra is not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, pandemics, war, terrorism, labor disputes, or infrastructure failures.

17.7 Export Compliance

You agree to comply with all applicable export control and sanctions laws and regulations.

17.8 Language

These Terms are provided in English. If these Terms are translated into any other language for your convenience, the English version shall prevail in the event of any conflict.

18. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or in-app notification at least thirty (30) days before the changes take effect (or such longer period as required by applicable law).

Material changes include:

• Changes to dispute resolution procedures
• Changes to limitation of liability
• Changes to data processing or cross-border transfer arrangements
• New categories of data collection
• Changes affecting your rights under applicable law

Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

19. Contact Us

If you have questions about these Terms:

Mentra Labs, Inc.
Email: legal@mentraglass.com
Support: support@mentraglass.com
Address: 369 Hayes Street, San Francisco, CA 94102, USA
Website: https://mentraglass.com