Terms of Use

Effective Date: 04/01/2026

Lemnis (“Company,” “we,” “us,” or “our”) owns and operates certain websites, including https://mainstay.com (the “Web Sites”), and makes available other software, products, mobile applications, chatbot communications, and other related services (collectively, the Web Sites and such services, including any future features and applications, the “Company Services”). Mainstay is a division of Lemnis, a nonprofit corporation.

All use of the Company Services is subject to the terms and conditions contained in this Terms of Use Agreement, as amended from time to time (this “Agreement”). Please read this Agreement carefully. By accessing, browsing, or otherwise using the Company Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you may not access, browse, or use the Company Services.

1. Acceptance of the Terms of Use

1.1 Agreement to Terms

By accessing, browsing, or otherwise using the Company Services, you agree to be bound by this Agreement and any additional terms incorporated by reference.

1.2 Arbitration

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. Section 9 of this Agreement contains an Arbitration Agreement, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. Under the Arbitration Agreement:
(a) claims must be brought on an individual basis;
(b) relief may be sought only on an individual basis; and
(c) you may not have claims resolved by a jury or in a court of law.

1.3 Changes to This Agreement

We may update this Agreement from time to time. When we do, we will post the updated version and revise the “Effective Date.” Changes will become effective no earlier than fourteen (14) days after posting, except for changes addressing new functionality or legal requirements, which may be effective immediately. Your continued use of the Company Services constitutes acceptance of the updated Agreement.

1.4 Additional Terms

Your use of the Company Services may be subject to additional terms, including our Privacy Policy and Chatbot Privacy Policy. Those terms are incorporated into this Agreement by reference.

2. Company Services

2.1 General

Company provides a communication platform designed to support educational access, student success, and related services for institutions, students, and partners.

2.2 Registration and Age Restrictions

You may be required to register to access certain features. You agree to provide accurate and complete information and to maintain the confidentiality of your account.

You must be at least 13 years old to use the Company Services. If you are under 16, you may only use the Services with parental or guardian consent.

2.3 Permitted Use

The Company Services are intended for personal, non-commercial use unless otherwise expressly authorized.

2.4 Service Changes

We may modify, suspend, or discontinue the Company Services at any time without liability.

3. Content and Intellectual Property

3.1 Ownership of Content

The Company Services include software, text, graphics, and other materials (“Content”) protected by intellectual property laws. Company or its licensors retain all rights to this Content.

You may use the Content only as permitted by this Agreement. Unauthorized use is prohibited.

3.2 Trademarks

All trademarks, logos, and service marks displayed are owned by Company or third parties. No license is granted to use them without prior written consent.

3.3 Prohibited Conduct

You agree not to:

• interfere with or disrupt the Services
• attempt to reverse engineer the Services
• scrape, extract, or mine data
• misrepresent your identity or affiliation
• violate any applicable law

3.4 User Content

You are responsible for any content you submit (“User Content”). You agree not to submit content that is unlawful, harmful, infringing, or otherwise objectionable.

Company may remove or restrict content at its discretion.

3.5 License to User Content

By submitting User Content, you grant Company a worldwide, royalty-free license to use, store, modify, and process that content to operate, improve, and promote the Services.

Company may also create and use aggregated or de-identified data derived from User Content.

3.6 Monitoring and Disclosure

We may access, preserve, or disclose User Content as required by law or to protect rights, safety, or the integrity of the Services.

3.7 Third-Party Content

We are not responsible for content provided by third parties.

3.8 External Links

The Services may include links to third-party websites. We are not responsible for their content or practices.

3.9 Copyright (DMCA)

If you believe content infringes your copyright, you may submit a notice to:

Email: info@mainstay.com
Address:
Lemnis
500 SW 116th Avenue, Suite 178
Beaverton, OR 97225

We will respond in accordance with applicable law.

4. Disclaimer of Warranties

THE COMPANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA.

IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY EXCEED THE AMOUNT OF FIFTY DOLLARS ($50).

6. Indemnification

You agree to defend, indemnify, and hold harmless Company and its affiliates from any claims arising out of your use of the Services or violation of this Agreement.

7. Termination

We may suspend or terminate your access at any time. Upon termination, your right to use the Services will immediately cease.

Certain provisions of this Agreement will survive termination.

8. Compliance with Laws

You agree to comply with all applicable laws. The Services are operated from the United States, and use from other jurisdictions is at your own risk.

9. Dispute Resolution and Arbitration

9.1 Agreement to Arbitrate

All disputes will be resolved through binding arbitration, except where prohibited by law.

9.2 Class Action Waiver

Claims must be brought individually, not as part of a class action.

9.3 Process

Disputes must first be submitted to Company for informal resolution. If unresolved, arbitration will be conducted under the rules of the American Arbitration Association (AAA).

9.4 Location and Costs

Arbitration will occur in a mutually agreed location or as determined by AAA rules. Fees will be allocated according to those rules.

10. Miscellaneous

This Agreement is governed by the laws of Oregon, without regard to conflict of laws principles.

If any provision is found unenforceable, the remaining provisions will remain in effect.

This Agreement constitutes the entire agreement between you and Company regarding the Services.

Company may assign this Agreement without restriction. You may not assign it without prior written consent.