Legal

Mentimeter General Terms and Conditions

Mentimeter Terms for Users and Customers of Mentimeter Free, Basic, and Pro

Version 4, 2025-12-11

1. INTRODUCTION AND DEFINITIONS

1.1 Thanks for choosing Mentimeter! These are the general terms and conditions pursuant to which Mentimeter (hereinafter also referred to as “we”, “us” or “our”) provides Customers, Users and Audience (hereinafter “you”) access to our Services. If you are a member of the Audience, you accept the Terms before you interact with a Menti and you can see all sections of the Terms that apply to you in Section 21.

1.2 By accepting the Terms when purchasing and/or signing up for the Services you receive a non-exclusive, non-transferable, revocable and limited in time right to use the Free Version, Basic Version or Pro Version of the Application, hereinafter defined as a “License”.

1.3 There are four different versions of the Application; the Free Version, the Basic Version, the Pro Version, and the Enterprise Version. Pricing and relevant information about the different versions including features, can be found here: Plans (which may be updated from time to time).

1.4 Capitalized words used herein but not already defined above, shall have the following meaning:

“Acceptable Use Policy” means our Acceptable Use Policy available at https://www.mentimeter.com/trust/legal/acceptable-use-policy that shall be considered an integral part of the Terms and are hereby incorporated into the Terms by reference;

"Account" means the account you create to access the Services, identifiable by your email address;

“AI Features” means any parts of the Services that make use of large language models or other machine learning and/or artificial intelligence technologies to generate output, including text or other content;

"Application" means the web-based interactive audience engagement platform developed and provided by Mentimeter;

"Audience" means the individual(s) for which a Menti is created and who is (are) the respondent(s) of the Menti;

"Basic Version" means the basic version of the Application as described in Plans (which may be updated from time to time);

"Customer" means the individual or entity who purchases one or several Licenses to use a Paid Version (whether or not you are a User);

"Data Protection Laws" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) and other thereto related applicable laws and regulations. Expressions used herein, e.g. ‘data subject’, ‘personal data’, ‘processing’, ‘controller’, ‘processors’, ‘personal data breach’ etc., shall be construed in accordance with the meaning given to them in the GDPR; 

“Enterprise Version” means the enterprise version of the Application as described in detail in Plans (which may be updated from time to time);

"Free User" means the individual or entity who has signed up for a License to the Free Version;

"Free Version" means the free version of the Application as further described in detail in Plans (which may be updated from time to time);

"Free Workspace" means a group of Free Users that is further described in Section 6.7;

"Initiation Day" means the day when a Customer purchases a License to use any of the Paid Versions and thereby agrees to the Terms;

“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;

"License Period" has the meaning described in Section 3.2;

"Member Lite" means a User with restricted Application functionality. A Member Lite shall not be considered a Free User;

"Menti" means the presentations, surveys, quizzes and/or other types of questions created by a User in the use of the Application;

"Mentimeter" means Mentimeter AB (publ), Reg. No. 556892-5506, a Swedish limited liability company with VAT number: SE556892550601 and email: hello@mentimeter.com;

"Paid Version" means the Pro, Basic or any other version of the Application that the Customer pays for;

"Pro Version" means the pro version of the Application as further described in detail in  Plans (which may be updated from time to time);

“Order Form” means Mentimeter’s ordering document specifying the Services to be provided hereunder that is entered into between a Customer and Mentimeter;

“Output” means the resulting data, text, image, Menti or any other content, which is provided to you via the AI Features as a result of your input;

"Services" or “Service” means the Application and all related services furnished by Mentimeter to you under the Terms, including, but not limited to, our websites, mentimeter.com and menti.com as well as any other related sites or subsites;

"Team Member" means one or more Users who is part of a Team Workspace;

"Team Workspace" means a group of paid Users automatically created when a Customer purchases more than one License, as further described in Section 6;

"Terms" means these general terms and conditions including the terms of any Order Form or other separate agreement entered into between Mentimeter and a User or Customer regarding the provision of the Services, as applicable;

"Third Party Integration" means any service or integration not provided by Mentimeter that a Customer elects to integrate or enable for use with the Services;

"User" means any person, such as a Customer, Free User or Team Member, who has signed up for an Account or a person who will in any other way use the Services, such as Audience; and

"User Data" means all data (e.g. documents, text and pictures) including personal data, submitted by you (and your Audience in their interaction with your Menti) in the use of the Application.

2. YOUR UNDERTAKINGS 

2.1 By accepting these Terms and using the Services, you agree to at all times comply with the Acceptable Use Policy. It is your responsibility to provide Mentimeter with all information necessary for us to be able to provide you with the Services and fulfill our other obligations set forth herein.

2.2. It is your responsibility to ensure you meet the technical requirements needed to use the Services, such as access to an internet-connected device and a web browser. Mentimeter is never liable for your Internet connection and the network being used with the Services.

2.3 You are liable for the contents of the Menti you create and responsible for all User Data and other data you submit to our Services. You are also responsible to keep any and all back-ups of the User Data.

2.4 We reserve the right to (i) investigate and take action against Users who violate, or are suspected of violating, the Terms (including the Acceptable Use Policy), including removing any content or removing you as a User at any time, and/or reporting illegal activity to law enforcement authorities and (ii) disclose User Data, if we are required to disclose such data in accordance with mandatory applicable laws, governmental regulations or rules, or by any orders of court or competent authority or arbitral tribunal.

2.5 You confirm that you have the full right, power and authority to create your Account and/or purchase Licenses from us and thereby enter into agreement with us that creates a legally valid and binding obligation on you that does not violate any applicable law, rule or regulation, or require any conditional consent by any person or entity. If you are accessing or using the Services in connection with your employment, you confirm that you are authorized to bind your company/employer to the Terms and any references herein to you will refer to both you and your company/employer, as applicable.

2.6 Mentimeter is intended to be a business tool. If you are younger than 16 years old, you must be represented by your parents or guardians to agree to the Terms and to use the Services. 

2.7 We reserve the right to terminate your subscription of a License under the Terms and suspend you from the Services immediately, or limit your access to the Services if you fail to comply with the Terms or if the provision of the Services might lead to more than a minor damage for Mentimeter or any third party.

3. PRICES, PAYMENT AND REFUNDS

3.1 Current and applicable prices for the Licenses are found here: Pricing. All prices are exclusive of VAT, other taxes and potential tolls or import/export fees. You are responsible for any sales, use, goods, and services, value-added, withholding, or similar taxes or levies that apply to your purchase in accordance with the laws and regulations applicable to you, other than taxes based on Mentimeter’s income.

3.2 Payment for the Paid Versions shall be made upfront on the Initiation Day for the entire license period which is twelve months if not otherwise agreed upon (the "License Period"). Exceptions may be made when payment is done through invoice and/or bank transfer, in which case payment is due within the number of days after the Initiation Day as specified in the invoice. The first day after the end of the License Period, the License will be automatically cancelled.

3.3 If you add a License or upgrade a Paid Version during the License Period, any additional fees will be prorated over the remaining time of your License Period and immediately charged to your chosen payment method. When you renew your subscription, the price in effect at the time of the renewal will reflect such added Licenses and/or upgrades.

3.4 Payment cannot be made for parts of the License Period or be partially repaid.

3.5 We reserve the right to change the License prices at our discretion. Such changes will never apply retroactively and will not affect a License already paid for.

3.6 Customers are entitled to a full refund for the Basic Version and the Pro Version, provided that the License is cancelled within fourteen (14) days of the Initiation Day. You hereby acknowledge that the Services are provided to you on the Initiation Day and that the right to a refund does not apply at the start of a new billing period. In order to receive the refund, send us a written notice to support@mentimeter.com. We will provide the refund within fourteen (14) days of registering the request.

3.7 Depending on your subscription, your License subscription may be billed on a recurring basis and automatically renewed at the expiration of the relevant billing period unless cancelled in accordance with these Terms. Payment will be charged to your chosen payment method on the Initiation Day and at the start of every new billing period and you hereby authorize us to charge your selected payment method for the applicable fees. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment and local tax charges may vary depending on your selected payment method. We reserve the right to change the prices in accordance with Section 3.5 and we will notify you thirty (30) days in advance of any payment being automatically charged by sending an email to the email address you have registered for your Account. If you do not wish to accept such price change, you may cancel your subscription in accordance with the Terms. If you do not cancel your subscription after the price change takes effect and prior to the start of the new billing period, your subscription will be renewed at the price in effect at the time of the renewal and you hereby authorize us to charge your selected payment method the applicable amounts.

4. DISTRIBUTION OF LICENSES 

4.1 Customers will be provided the License(s) to the Paid Versions as of the Initiation Day and Free Users will be provided the License(s) to the Free Version when the Free User has registered an Account. Necessary instructions for using the Application will be available.

4.2 Accounts are individual. An Account may only be used by one person, and you agree not to allow anyone else to use your License.

4.3 One License gives you the right and ability to use the features stated in Pricing

5. USER DATA

5.1 Free Users retain the title to all User Data submitted to the Free Version, but Free users hereby grant Mentimeter an irrevocable right to – in an anonymized format – use a Menti created by the Free User including any answers from the Audience. Such information will only be used by us and as inspiration for Mentimeter to further develop our Services. 

5.2 Users of the Basic Version and the Pro Version retain the title to all User Data submitted to the Services, subject to these Terms. We do however reserve the right to use and store such User Data to the extent necessary to provide the Services or otherwise fulfill our obligations under the Terms, and we may also analyze such User Data and other information relating to the use and performance of the Services, and use such information and data to analyze, improve and enhance the Services and for other development, diagnostic and corrective purposes. Please see our Security Policy for information about our access and access control.

5.3 As between you and Mentimeter, Output will be considered your User Data, and to the extent permitted by applicable law, you retain the title to Output in accordance with the Terms.

5.4 Mentimeter assumes no liability for Output and you hereby acknowledge and agree that Output is provided by Mentimeter on an “as is” and “as available” basis and that your use of Output is at your own risk. 

5.5 We do not and will not permit any third party to use your content or User Data to improve or train AI models.

6. WORKSPACES

6.1 When purchasing several Licenses, a Team Workspace is automatically created. The Licenses can be distributed and re-distributed among several Team Members in the Team Workspace. In this Section 6 “you” and “your” refer only to the Customer. The Customer owns the Team Members Accounts, including all User Data therein, and may administrate, as well as downgrade, Team Member Accounts. If the Customer downgrades a Team Member’s Account, that Team Member automatically becomes a Free User, outside the Team Workspace, entitled to its own Account, as well as the User Data contained therein and the Customer may no longer control that Account. 

6.2 You choose the Team Members and administrators of your Team Workspace and it is your responsibility to remove any Team Members and administrators that you consider no longer authorized to have access to the Team Workspace. The Customer is responsible for its Team Members actions and their compliance with the Terms, and also for ensuring that each License is limited to and used by only one Team Member. 

6.3 The Customer is liable for all Mentis created in a Team Workspace, including for the User Data submitted in the Mentis therein. The Customer is also responsible for its Team Members compliance with laws, including Data Protection Laws, applicable to User Data, as well as any Intellectual Property Rights submitted by its Team Members. Mentimeter assumes no liability for the accuracy, quality, or legality of the User Data and the means by which the Customer collected it. Mentimeter’s Privacy Policy addresses what type of personal data Mentimeter processes as controllers in relation to Team Members and how Team Members may contact Mentimeter to exercise their rights under the Data Protection Laws. The Customer is also required to address and resolve any disputes that arise between the Customer and any Team Member.

6.4 In the event a Team Member would like to deactivate or delete its Account, the Team Member shall contact the assigned administrator of the Team Workspace. If the administrator or Customer contacts Mentimeter to comply with a deactivation or deletion request, Mentimeter will assume that it has approval in relation to the requested actions and Mentimeter assumes no liability for the accuracy or the consequences thereof. 

6.5 The Services contain functionality allowing the Customer to convert Accounts previously registered by individuals using email addresses from Customer’s domain into Team Members. If the Customer instructs Mentimeter to convert any existing accounts registered using email addresses from Customer’s domain into Team Members, Customer represents and warrants that it has all necessary rights and consents for such conversion. 

6.6 Depending on your Subscription you may add a Member Lite to your Team Workspace. A Member Lite will be considered a Team Member while in the Team Workspace. If you downgrade a Member Lite to a Free User, such Team Member will no longer be a part of the Team Workspace and will be entitled to its own Account as well as the User Data contained therein and you may no longer control that person’s Account.

6.7 Free Users have the possibility to create and share a Free Workspace with other Free Users. This means that members of a Free Workspace can create and share Mentis within a Free Workspace. Both the owner and the members may add new members to the Free Workspace. It is the responsibility of the owner to remove unwanted members from the Free Workspace. 

6.8 In a Free Workspace, each individual User owns and is liable for the Mentis they create and the User Data they submit. If a User leaves the Free Workspace or is removed, any Menti they created and shared in that workspace, including its User Data, transfers to the Free Workspace owner. From that point on, the Free Workspace owner is fully liable for those Mentis and responsible for the associated User Data.

7. EMAIL ADDRESSES RELATED TO ORGANIZATIONS

If you register an Account using an email address provided by an organization, we may notify that organization. The organization can ask us to convert your Account into a Team Workspace under its control, which would make you a Team Member. Any Customer that converts a User Account into a Team Workspace represents and warrants that it has all necessary rights and consents to do so. The organization may also ask us to move, manage, suspend, delete, or downgrade your Account, including converting it to a Free Version or requesting that it be deleted. This is done for commercial reasons and to improve the overall user experience. If you want to avoid this, register using a private email address instead.

8. FAULTS IN THE SERVICES

8.1 The Services are provided "as is" and “as available”, and Mentimeter does not warrant, either express or implied, that the Services will perform without errors and/or without interruptions. 

8.2. We undertake to make commercially reasonable efforts to rectify faults in the Services as quickly as the situation requires, based on our own assessment. A fault means a deviation from the description of the current version of the Services or a major deviation from generally accepted standards for similar software. We are not required to fix faults that do not affect the intended use of the Services.

8.3 Faults in the Services are usually resolved through a fix or by instructions on how to work around the issue. To claim a fault for which Mentimeter is liable, you must report the fault within a reasonable time period after discovering the fault and explain, and if needed demonstrate, how the fault appears. 

8.4 If we do not rectify a fault within the time the situation reasonably requires, you as a Customer are entitled to a price reduction that reflects the impact of the fault, subject to the limits in Section 14.1. Free Users are not entitled to any financial compensation.

9. DATA MANAGEMENT, PERSONAL DATA

9.1 Protecting personal data is important to us. We collect and use only the data needed to provide our Services, as described in our Privacy Policy. The Privacy Policy explains what personal data we collect, how it is used, stored, and shared, which processors we rely on, and how you can exercise your rights. For full details on personal data, cookies, and our GDPR-level security measures, please review our Privacy Policy, Cookie Policy and Security Policy 

9.2 We never sell or grant any third party access to personal data or other User Data for other purposes than providing you with the Services under the Terms (except regarding organization email addresses as described in Section 7). 

9.3 You may use the Services together with Third Party Integrations, which are governed by your agreement with the relevant provider. Mentimeter does not provide these integrations and assumes no liability for their security, functionality, availability, or how they handle your data. For details on how your data is managed when using Third Party Integrations with our Services, please see our Privacy Policy.

10. COMMUNICATION WITH USERS

We reserve the right to communicate with you, also for marketing purposes. Such communication can be newsletters, product updates, offers or other information related to the Application. You may of course opt out of receiving emails from Mentimeter at any time by unsubscribing at the end of the email. Please note that even if you opt out of certain emails, we may still contact you about orders, requests, or inquiries related to the Services.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 Mentimeter, or as applicable our licensors, retain all rights and title to the Services, including all related Intellectual Property Rights and know-how. Aside from the right to use the Services under these Terms, you do not obtain any ownership or other rights to our copyright, patents, trademarks, trade secrets, or any other intellectual property.

11.2 If we receive written notification of an intellectual property infringement related to the Services, we will take reasonable steps to modify the Services to avoid infringement. If doing so would require unreasonably high costs, we may instead limit, suspend, or terminate your License with immediate effect and refund any prepaid fees for the remaining License Period. We may also temporarily cancel the Services or part of the Services to avoid infringement. These obligations do not apply if the infringement results from modifications to the Services that Mentimeter did not make or authorize. 

11.3 You hereby agree to notify us immediately if you receive any notification of accusation of infringement from a third party due to a Menti or the answers created using the Application.

12. CONFIDENTIALITY

Both parties hereby undertake to retain in confidence and not to disclose to any third party any confidential information and data received from the other party. Confidential information shall mean any information whether technical, commercial or of other kind, regardless of it being documented or not. Such information may, however, be disclosed if such disclosure is necessary to allow a party, or its employees to (i) defend against litigation, (ii) to file and prosecute patent applications, (iii) to comply with law and governmental regulations or any orders of court or competent authority or arbitral tribunal or (iv) to comply with applicable stock exchange regulations or the regulations of any other recognized marketplace. Confidentiality in accordance with this provision shall not apply to information which (i) is in the public domain; (ii) comes into the public domain through no fault of the receiving party; (iii) was known prior to its disclosure by the receiving party, as evidenced by written records; (iv) is disclosed in accordance with the Terms or with the other party’s prior written consent, or (v) is disclosed to the receiving party by a third party having a lawful right to make such disclosure. The obligations of confidentiality shall continue during the License Period and for the two (2) subsequent years thereafter.

13. SERVICE AVAILABILITY, MAINTENANCE, TESTING AND DOWNTIME

13.1 Mentimeter strives to keep the Services available to such a large extent as possible, but since we want to provide updated and maintained Services, Mentimeter shall always have the right to disconnect the Services for service and upgrading without giving you prior notice and cannot be held liable for downtime or other technical complications. 

13.2 We reserve the right to add new features, release updates, run tests, and modify or discontinue parts of the Services. We will however not materially reduce the overall functionality of the Services during your License Period, and we undertake to notify you in advance of any updates or maintenance that may cause more than minor service disruptions.

14. LIABILITY AND LIMITATION OF LIABILITY

14.1 Mentimeter's aggregate liability arising out of or related to the Services and the Terms shall, under all circumstances, including but not limited to Section 14.6, be limited to an amount corresponding to the amount paid by you for the Services during the twelve months immediately preceding the first incident causing the loss. You shall, to not lose your right to compensation, submit a claim for damages to Mentimeter within two months from the date when the incident giving rise to the claim occurred. The foregoing limitation will apply whether an action is in contract or tort and regardless of any theory of liability. Free Users do not have any right to financial compensation. Above limitation does not limit or exclude Mentimeter's liability for damages caused by fraud or wilful misconduct by Mentimeter.

14.2 Mentimeter shall never be held liable for any indirect, incidental, or consequential damages, including without limitation, any loss of profits, data or income, arising out of or in connection with the Terms or your use of the Services.

14.3 Mentimeter assumes no liability whatsoever for any losses, damages or costs caused by: 

(i) User Data (including Output) or other content and information submitted by you and your Audience when using our Services;

(ii) faults, non-conformities and lacking performance in your software, hardware or Internet connection;

(iii) corruption or destruction of data or other damages caused by viruses related to your computer system(s), hardware, software or other equipment;

(iv) faults occurred as a result of a) downtime or other technical complications (other than what is specifically stated in Section 8 (Faults in the Services)) or b) any of the reasons stated in Section 13 (Service availability, Maintenance, Testing and Downtime) and/or Section 15 (Force Majeure);

(v) faults caused by your or a third party’s changes to or interference with the Services, or any other circumstances for which you or a third party is liable or that are in some other way beyond Mentimeter's control; and/or

(vi) the loss, destruction, unavailability, alteration or disclosure of User Data caused by you or a third party, even though if a third party causes this we will of course use all commercially reasonable efforts to restore the lost or damaged User Data from the latest back-ups that are maintained by us.

14.5 You agree to indemnify and hold Mentimeter harmless from all damages, costs, and expenses arising from your breach of the Terms, your User Data or other content submitted by you or your Audience, your breach of applicable law, or any third party claim that your User Data (including Output) or its use with the Services infringes such party’s Intellectual Property Rights. 

14.6 Mentimeter will indemnify you for damages and costs finally awarded against you as a result of a claim brought against you by a third party alleging that the purchased Services infringe or misappropriate such third party’s Intellectual Property Rights, provided you give prompt written notice and reasonable assistance. This obligation does not apply if the claim does not specifically identify the Services as the basis of the allegation, results from combining the Services with non-Mentimeter software, hardware, data, or processes, concerns Services provided free of charge, or arises from User Data, Output, or your breach of the Terms.

15. FORCE MAJEURE

Mentimeter shall be excused from the performance of any of its obligations to you under the Terms if the performance thereof is prevented or delayed by any cause beyond Mentimeter’s control, such as, but not limited to, riots, fire, flood, natural disasters, wars, accidents, acts of terrorism, sabotage, strikes, embargo or other government actions. We shall in case of such events of force majeure promptly notify you and furnish you with relevant information thereof.

16. NOTICES

Notice of termination or other communication shall be sent by email and be deemed to have been received no later than two days after the email is sent.

17. ENTIRE AGREEMENT

The Terms constitute the entire agreement between us regarding the provision and use of the Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. You and us hereby agree that any term or condition stated in a Customer’s own purchase order or in any other Customer order documentation (excluding for the avoidance of doubt an Order Form) is void. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the applicable Order Form, and (2) these Terms.

18. MISCELLANEOUS

18.1 You may not transfer your agreement with us or your right to use the Services (other than in accordance with the Terms) without Mentimeter's prior written consent.

18.2 If a provision of the Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of the Terms will continue in full force and effect.

18.3 Depending on your subscription you can decide to upgrade your subscription to the Enterprise Version of the Services during your License Period. If you do, you hereby acknowledge and agree that Mentimeter’s Terms for Customers purchasing Mentimeter Enterprise available here will govern your (and as applicable your Users’) use of the Services.

18.4 If you purchase access to the Services via a reseller, you acknowledge that payment is made to the reseller as agreed between you and the reseller. We may suspend or discontinue your access to the Services with immediate effect if we do not receive corresponding payment from the reseller. If you are entitled to a refund under the Terms, we will refund any applicable fees to the reseller and the reseller is responsible for refunding the appropriate amounts to you.

18.5 By purchasing access to, and using, the Services you agree to be bound by the Terms and acknowledge that the Terms govern your use of the Services. Mentimeter is not party to, and is not bound by, any agreement between you and a reseller and not bound by any obligations to you other than as set out in the Terms. A reseller has no authority to make any representations or promises on our behalf and Mentimeter is not responsible for a reseller’s acts or omissions. The amount paid by the reseller to us for your use of the Services under your Subscription will be deemed the amount paid by you to Mentimeter for the purposes of Section 14 (Limitation of Liability).

19. TERM AND TERMINATION

19.1 The Terms enter into force automatically when you sign up for an Account or use the Application, whatever happens first. If you are a Customer, the Terms enter into force automatically on the Initiation Day.

19.2 You can, at any time, terminate your subscription of License(s) by sending an email to hello@mentimeter.com. Termination will occur following your confirmation of wanting to be removed from all systems and have all your data, including User Data, deleted. Already paid fees will not be repaid. After the termination you are no longer enabled to use the Services. Termination under this Section 19.2 does not relieve you of your obligation to pay the fees for the full License Period, all of which shall become immediately due and payable.

19.3 Mentimeter can terminate your subscription in accordance with what is stated in the Terms and in all other cases by giving one month prior notice. We reserve the right to cancel a User’s right to access the service if the use in any way could expose us to sanctions or similar trade restrictions imposed by the EU, U.S. or any other competent authority. Termination can always be made by using the email address registered with Mentimeter.

19.4 Any clauses that are said to survive also after termination of License Period or which otherwise are of the nature that they shall continue in force will be applicable also after termination of subscription of a License.

20 INDEPENDENT CONTRACTORS

There is no joint venture, partnership, agency, or fiduciary relationship existing between you and Mentimeter, and there is no intention to create any such relationship by your acceptance of the Terms – both you and we remain independent.

21. AUDIENCE

Sections 2 and 7-24 apply not only to Users and Customers, but also to you who are a member of the Audience, as applicable taking into account the Services we provide you.

22. CHANGES OF TERMS

We may update these Terms at any time, to reflect changes in law, updates to the Services, or new features, as long as the changes do not materially and negatively affect your rights or use of the Services. The latest version of the Terms will always be available on www.mentimeter.com and www.menti.com, and you are responsible for checking the Terms in effect when you use the Services. If a change is material, as decided by us, we will notify you by email if you have subscribed to such updates, or by posting a notice on our site or at login. Changes take effect no earlier than the date they are posted. In some cases, applicable law may require your consent or advance notice. If you do not accept the updated Terms, you must stop using the Services, as continued use means you agree to the changes.

23. TRIALS AND BETAS

From time to time we may also offer the Services on a trial/beta basis. The trial/beta Services may be offered as an alpha, beta, or early access offering and may pertain to certain subscription offerings, interfaces, features, and/or functionalities. We reserve the right to decide what such offerings include, and to who, such offerings are made available. Trial/beta Services are optional and you are never required to sign up for, utilize or enable such offerings. Your use of the trial/beta Services will be limited to the period of the relevant trial/beta offering and governed by these Terms. You will always be provided with the relevant information and any additional terms and conditions, if applicable, pertaining to such trial/beta offerings before purchasing and/or subscribing for the Services.

24. DISPUTES AND GOVERNING LAW

24.1 The Terms shall be governed by and construed in accordance with the substantive laws of Sweden, without regard to its principles of conflict of laws.

24.2 If you have a concern or problem with our Services, we want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting hello@mentimeter.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Mentimeter may bring a formal proceeding.

24.3 Any dispute, controversy or claim, in contract or in tort or otherwise, arising out of or in connection with the Terms (including for the avoidance of doubt an Order Form) and/or the Services provided hereunder, or the breach, termination or invalidity thereof, shall be exclusively and finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the SCC Arbitration Institute, unless the Arbitration Institute, taking into account the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Rules of the SCC Arbitration Institute shall apply. In the latter case, the Arbitration Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators, to be appointed by the Arbitration Institute. The place of arbitration shall be Stockholm, Sweden. The language to be used in the proceedings shall be English. Confidentiality shall apply to the arbitral proceedings and any information disclosed or decision or arbitral award made or declared during such proceedings.