Beta Terms and Conditions

These Beta Terms of Use (“Terms”) are an agreement between monday.com Ltd. (6 Yitzhak Sadeh St., Tel-Aviv 6777506, Israel) (“monday.com,” “we,” “us” etc.) and you, either individually, or on behalf of your employer or any other entity which you represent (“you” or “your”) govern your access, use, registration and receipt of: (i) mondaymansion.com Site and all information, experiences, event on or submitted and/or shared and/or made available through it; (ii) monday mansion Services (as defined below) through the Sites, cloud, or through any other means. 

In case you represent your employer or any other entity, you hereby represent that (i) you have full legal authority to bind your employer or such entity (as applicable) to these Terms; and (ii) after reading and understanding these Terms, you agree to these Terms on behalf of your employer or the respective entity (as applicable), and these Terms shall bind your employer or such entity (as the case may be). 

PLEASE NOTE THAT YOU ARE DEEMED AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER OR AN ENTITY (AS APPLICABLE): (I) IF YOU ARE USING YOUR EMPLOYER OR AN ENTITY’S EMAIL ADDRESS IN REGISTERING INTO THE SERVICE; OR (II) IF YOU ARE AN ADMIN (AS DEFINED BELOW). AS ELABORATED IN SECTION 2 BELOW, THERE ARE VARIOUS TYPES OF USERS IN THE SERVICES, THUS, EXCEPT WHERE INDICATED OTHERWISE “YOU” SHALL REFER TO CUSTOMER AND ALL TYPES OF USERS. YOU ACKNOWLEDGE THAT THESE TERMS ARE BINDING, AND YOU AFFIRM AND SIGNIFY YOUR CONSENT TO THESE TERMS, BY EITHER: (I) CLICKING ON A BUTTON OR CHECKING A CHECKBOX FOR THE ACCEPTANCE OF THESE TERMS; OR (II) REGISTERING TO, USING OR ACCESSING THE SERVICES, ADDITIONAL SERVICES, SITES OR monday.com MOBILE APPLICATION, WHICHEVER IS EARLIER (THE DATE OF SUCH REGISTRATION OR ACCEPTANCE BEING THE “EFFECTIVE DATE”). IF YOU DO NOT AGREE TO COMPLY WITH, AND BE BOUND BY, THESE TERMS OR DO NOT HAVE AUTHORITY TO BIND YOUR EMPLOYER OR ANY OTHER ENTITY (AS APPLICABLE), PLEASE DO NOT ACCEPT THESE TERMS, OR ACCESS OR USE THE SERVICES OR THE SITES OR monday.com MOBILE APPLICATION.

  1. Our Services. some text
    1. Our Services. monday mansion provides a cloud-based platform designed to deliver immersive 3D experiences for hosting and participating in virtual events (“Services”). The platform enables users to create, customize, and manage virtual events (“Virtual Events”) while interacting with other participants in a dynamic and collaborative environment.

If you create or manage a Virtual Event, you are designated as the "Event Host" As an Event Host, you are solely responsible for the content, conduct, and management of your Virtual Event, including ensuring compliance with these Terms and all applicable laws. This responsibility extends to the behavior of all participants in your event. 

  1. Modification or Discontinuation of Services. We reserve the right to add, modify, or discontinue any features, tools, or functionality within the Services at our sole discretion, without prior notice. However, if a material and adverse change is made to the core functionality of the Services, we will notify you by posting an announcement on the platform, sending you an email, or delivering notice through other appropriate channels.

The Services may also include additional offerings or tools introduced at our discretion. Use of such offerings may be subject to additional terms, which will be communicated to you when they become available.

  1. Ability to Accept Terms. If you access and use the Sites and/or the Services, you represent and warrant that you are at least eighteen (18) years old. The Sites and/or Services are only intended for individuals aged eighteen (18) years or older. We reserve the right to request proof of age at any stage so that we can verify compliance with this paragraph.
  2. No Contingency on Future Releases and Improvements. You hereby acknowledge that your purchase of the Services hereunder are not contingent on the delivery by us of any future release of any functionality, feature or service, including without limitation: (i) the continuance of certain Services beyond the current Subscription Term; or (ii) dependency on any public comments we make, orally or in writing, regarding any future functionality, feature or service.
  1. Account Creation; Guests. some text
    1. Account Registration. To register to the Services for the first time, you shall create an account for the Services (“Account”). By creating an Account and registering to use the Services you become, either individually or on behalf of your employer or any entity, on behalf of whom you created the Account, a customer (“Customer”). The first user of the Account is automatically assigned as an Account administrator (“Admin”). See Section 2.4 for additional details on Admin’s.
    2. Your Registration Information. When creating an Account or when you are added into an Account and creating your user profile (“User Profile”), you: (i) agree to provide us with accurate, complete, and current registration information about yourself; (ii) acknowledge that it is your responsibility to ensure that your password remains confidential and secure; (iii) agree that you are fully responsible for all activities that occur under your Account, User Profile and password, including any integration or any other use of third party products or services (and associated disclosure of data) in connection with the Services; and (iv) undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your Account or User Profile and/or any breach of these Terms. We may assume that any communications we receive under your User Profile have been made by you. You will be solely responsible and liable for any losses, damages, liability and expenses incurred by us or a third party, due to any unauthorized usage of the Account by either you or any other User or third party on your behalf.
    3. User Verification. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.
  1. Account Admins. The Admin(s) of an Account are, severally and jointly, deemed as the authorized representatives of the Customer, and any decision or action made by any Admin, is deemed as a decision or action of Customer. An Admin may assign or add other members of the Account as Admins, which possess important privileges and controls over the use of the Services and the Account, including, without limitation: (i) control your (and other Users) use of the Account; (ii) purchase, upgrade or downgrade Services; (ii) create, monitor or modify Users’ actions and permissions; (iii) manage the access to, control, remove, share posts or otherwise change, all or part of the Customer Content (as defined below); (iv) assign certain privileges to such other Users (as defined below). You also acknowledge that your Account can become managed by a representative of the entity that owns or controls the email address domain with which your Account was created or registered.
  2. Account Users. Your Account may include several types of users, such as Admin(s) and other account holders (collectively referred to herein as “Users”). The features, functionalities, and privileges available to Users will depend on their respective role, the specific Services provided, and the Subscription Plan governing the Account. You will be responsible for ensuring that Users within your Account are assigned the appropriate role. If Users are assigned roles in a manner inconsistent with their intended use (e.g., assigning Users from your organization, affiliates, subsidiaries, or related entities to an incorrect account type), monday.com reserves the right, at its sole discretion, and without limiting any other available remedies, to reassign such user roles, impose additional restrictions, and/or charge applicable fees.
  3. Customer Responsible for Users. Customer is solely liable and responsible for understanding the settings, privileges and controls for the Services and for controlling whom Customer permits to become a User and what are the settings and privileges for such User, including without limitation, the right for a User to invite or add other Users, the right to incur charges on the Account, the right to access, modify or share boards, etc. Customer is responsible for the activities of all of its Users, including Order Forms they may place, Events that they host and create, and how Users upload or create the Customer Content, even if those Users are not from Customer’s organization or domain. Further, Customer acknowledges that any action taken by a User of Customer’s Account, is deemed by us as an authorized action by Customer, hence Customer shall have no claim in this regard.
  4. Guests. You may access certain parts of the Services without registering for an account (referred to as a "Guest"). However, please note that your access as a Guest will be limited, and certain areas, features, or functionalities within the Services may only be available to users who have registered for an account. Furthermore, we reserve the right to restrict or modify Guest access at any time, and without notice, as certain Services or events may require account registration for full participation.
  1. Public Content.some text
    1. Public Submissions. Some areas of the Service may have certain features that allow you to submit comments, information, and other materials publicly (collectively, “Public Submissions”), and share such Public Submissions with other Accounts, Guests or the general public. By submitting Public Submissions through the Services, you grant us a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Public Submissions for any purpose, business, including without limitation, for publicizing and promoting monday.com, the Services and for any other lawful purpose, in any media format (e.g. in-print, websites. electronically, broadcast), and you hereby waive, or to the extent legally prohibited, assign to monday.com, any moral rights in your Public Submissions.
    2. Responsibility for Public Submissions. You acknowledge and agree that: (i) you have or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to grant the rights granted herein, for any Public Submissions that you submit, post or display on or through the Services; (ii) we do not control, and are not responsible for, other content and/or submissions, posted on our Services by others; (iii) by using the Services you may be exposed to content and/or submissions by other Accounts users or site visitors that is offensive, indecent, inaccurate, misleading, or otherwise unlawful; (iv) any Public Submissions are submitted in accordance with, and subject to our Acceptable Use Policy.
  2. Customer Content.some text
    1. Customer Content. Customer Content refers to any data, file attachments, text, images, reports, personal data, or any other content uploaded, submitted, transmitted, or otherwise made available to or through the Services to your Virtual Event(s) by you or by any User (“Event Attendees”) as part of your subscription to the Services, and is processed by us on your behalf, this includes, but is not limited to, content such as text, Virtual Event(s) public and private chat messages, messages, links, emails, music, sound, graphics, pictures, code, video, images, audio, files, materials, data, logos, trademarks, service marks, trade names, or any other similar identifying marks (collectively referred to as "Customer Content"). For the avoidance of doubt, Anonymous Information (as defined below) is not regarded as Customer Content.

You retain all rights, title, interest, and control in and to the Customer Content, as submitted to the Services. However, you are solely responsible for all Customer Content you or your Users submit, provide, upload, display, post, or otherwise transmit through the Services. You assume all risks associated with the use of your Customer Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your Customer Content that personally identifies you or any third party. Subject to these Terms, you grant us a worldwide, royalty-free, limited license to access, use, process, copy, distribute, perform, export, and display the Customer Content. To the extent that reformatting Customer Content for display within the Services constitutes a modification or derivative work, this license also includes the right to make such modifications and derivative works.

The aforementioned license is granted solely for the following purposes: (i) to maintain and provide you with the Services; (ii) to prevent or address technical issues, fraud, or security concerns, and to resolve support requests; (iii) to investigate when we have a good faith belief or have received a complaint alleging that such Customer Content is in violation of these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process; (v) to use the Customer Content for internal research, analysis, and improvement of the Services, including the development of new features, functionalities, and tools, provided that such use complies with our privacy policies and applicable laws; and (vi) as expressly permitted in writing by you.

  1. Responsibility for Customer Content Compliance. You represent and warrant that: (i) you have or have obtained all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for any Customer Content that you submit, post, or display on or through the Services, including, where applicable, in your capacity as an Event Host; (ii) the Customer Content is in compliance with, and subject to, our Acceptable Use Policy; and (iii) the Customer Content you submit, your use of such Customer Content, and our use of such Customer Content as set forth in these Terms, do not and shall not (a) infringe or violate any patents, copyrights, trademarks, or other intellectual property, proprietary, privacy, data protection, or publicity rights of any third party; (b) violate any applicable local, state, federal, and international laws, regulations, and conventions, including those related to data privacy, data transfer, and exportation (“Laws”); and (c) violate any of your or any third party’s policies and terms governing the Customer Content.

As an Event Host, you bear additional responsibility for ensuring that all Customer Content used in your hosted events complies with the requirements above. You are solely responsible for any disputes arising from or related to the Customer Content, and monday.com assumes no responsibility or liability for such disputes. Other than our security and data protection obligations expressly set forth in Section ‎6, we assume no responsibility or liability for Customer Content, and you shall be solely responsible for Customer Content and the consequences of using, disclosing, storing, or transmitting it.

  1. No Sensitive Data. You shall not submit to the Services any data that is protected under a special legislation and requires a unique treatment, including, without limitations, (i) categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any similar legislation or regulation in other jurisdiction; (ii) any protected health information subject to the Health Insurance Portability and Accountability Act (“HIPAA”), as amended and supplemented, or any similar legislation in other jurisdiction and; (iii) credit, debit or other payment card data subject to PCI DSS or any other credit card schemes.
  2. Advertisements and Sponsored Content. If any Customer Content includes advertisements to be displayed during a hosted event, as the Event Host, you are responsible for ensuring that such advertisements or sponsored content are clearly identified as such. This includes providing transparency about the identity of the sponsor and, where applicable, disclosing whether any targeted or personalized advertising techniques are being used. You represent and warrant that any advertisements or sponsored content displayed in connection with your event comply with all applicable laws, including transparency and disclosure obligations, and that they do not infringe the rights of third parties. Failure to comply with these obligations may result in the removal of your event or additional penalties as set forth in our Acceptable Use Policy.
  3. Monitoring and Management of Customer Content. You acknowledge and agree that monday.com may, but is not obligated to, monitor any Customer Content submitted, posted, or displayed on or through the Services. monday.com reserves the right, at its sole discretion, to review, approve, delete, or alter any Customer Content, in whole or in part, without prior notice and without any liability to you or any third party, including in cases where such content may violate our Acceptable Use Policy, these Terms, or applicable laws. monday.com assumes no responsibility or obligation to monitor or manage Customer Content and shall not be held liable for any decision to approve, delete, or alter such content, or for any failure to do so.
  4. Backup. monday.com has no obligation to preserve, store, or provide backup services for any User Content created or uploaded in connection with the Services, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you wish to retain it. You agree that monday.com shall not be responsible for any loss or damage incurred as a result of any interactions or actions relating to User Content. 
  1. Intellectual Property Rights; Licensesome text
    1. Our Intellectual Property. The Services, inclusive of all features, functionality, and contents such as software, application programming interfaces, the apps framework, design system, designs, text, editorial materials, informational text, documentation, photographs, illustrations, audio clips, video clips, artwork, graphics, and names, logos, trademarks, and service marks (excluding Customer Content and Public Submissions), as well as any configuration, selection, arrangement, customization, or design of any rooms or environments within the monday mansion platform (“Room Designs”) or any other materials as provided by monday.com (collectively, "monday.com Materials"), and any related or underlying know-how, technology, or intellectual property, including any modifications, enhancements, or derivative works of the foregoing, are the exclusive property of monday.com and its licensors. These monday.com Materials may be protected by applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties.

You hereby assign to monday.com all rights, title, and interest in and to such Room Designs, and you agree to assist in effecting any further assignments necessary to accomplish the foregoing. Without limiting the generality of the above, monday.com has no obligation to notify, compensate, recognize, or credit you in connection with any Room Design. monday.com and its licensors reserve all rights not expressly granted to you under these Terms, and no implied licenses are granted under these Terms.

  1. Use Restrictions. Except as expressly permitted in these Terms, you may not, and shall not allow a User or any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Services to any third party, including, but not limited to your affiliates, or use the Services in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the or Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Services , or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Services , or any part thereof; (v) take any action that imposes or may impose (at monday.com’s sole discretion) an unreasonable or disproportionately large load on the monday.com infrastructure or infrastructure which supports the Sites or Services (vi) interfere or attempt to interfere with the integrity or proper working of the Services , or any related activities; (vii) remove, deface, obscure, or alter monday.com’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Services , or use or display logos of the Services  without monday.com’s prior written approval; (viii) use the Services  for competitive purposes, including to develop or enhance a competing service or product; or (ix) encourage or assist any third party (including other Users) to do any of the foregoing.
  2. Feedback. As a User of the Services, you may provide suggestions, comments, feature requests or other feedback to any of monday.com Materials, the Services (“Feedback”). Such Feedback is deemed an integral part of monday.com Materials, and as such, it is the sole property of monday.com without restrictions or limitations on use of any kind. monday.com may either implement or reject such Feedback, without any restriction or obligation of any kind. You (i) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (ii) irrevocably assign to monday.com any right, title and interest you may have in such Feedback; and (iii) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights, worldwide, in or to such Feedback.

  1. Privacy and Security.some text
    1. Security. monday.com implements reasonable security measures and procedures designed to assist in protecting your Customer Content . You can learn more on our security measures and procedures on our Security Page, as updated from time to time.
    2. Privacy Policy. As a part of accessing or using the Services and the Sites, we may collect, access, use and share certain Personal Data (as defined in the Privacy Policy) from, and/or about you. Please read our Privacy Policy, which is incorporated herein by reference, for a description of such data collection and use practices.
    3. Data Processing Addendum. By using the Services, Customer also accepts our Data Processing Addendum (“DPA”), which governs the Processing of Personal Data (as both terms are defined in the DPA) on Customer’s behalf.
    4. Anonymous Information. Notwithstanding any other provision of these Terms, we may collect, use and publish Anonymous Information (defined below) relating to, or generated by your use of the Services and/or Sites, and disclose it for the purpose of providing, operating, improving and publicizing our products and services, including the Sites and Services, and for other business purposes. “Anonymous Information” means information which does not enable identification of an individual, such as de-identified, aggregated and/or analytics information. monday.com owns all Anonymous Information collected or obtained by monday.com.

  2. Links

The Sites and Services may contain links to third party websites that are not owned or controlled by us (“Links”). You acknowledge that we have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third-party website; and (ii) expressly release us from any and all liability arising from your, and in case of a Customer, all Users’, use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

  1. Third Party Components within Our Services 

Our Services includes third party codes and libraries that are subject to third party open source license terms (“Open Source Code” and “Open Source Terms”, respectively). Some of such Open Source Terms determine that to the extent applicable to the respective Open Source Code licensed thereunder, such terms prevail over any conflicting license terms, including these Terms. We use our best endeavors to identify such Open Source Code, within our Services, hence we encourage Customer to familiarize itself with such Open Source Terms. Note that we use best efforts to use only Open Source Codes that do not impose any obligation or affect the Customer Data or related intellectual property (beyond what is stated in the Open Source Terms and herein), on an ordinary use of our Services that does not involve any modification, distribution or independent use of such Open Source Code. Notwithstanding anything to the contrary, we make no warranty or indemnity hereunder with respect to any Open Source Codes.

  1. Subscription, Fees, Upgrades and Renewals.some text
    1. Order Form. The Services may be purchased via an order form, e.g. a sales order, purchase document or any other instrument as determined by us, which shall be completed and placed either  online, in-product, offline, or in any other form designated by us (“Order Form”). Such Order Form will list, at a minimum, the Services ordered, the associated fees, the subscription plan and term, as applicable. If Customer provides monday.com a purchase order related to an Order Form, such is deemed to incorporate these Terms and if such contains terms in regards to the Services then such shall have no force or effect.
    2. Subscription. The Services are provided on a subscription basis for the subscription term specified in the Order Form, in accordance with the respective subscription plan, as applicable, purchased under such Order Form “Subscription Term” and “Subscription Plan”, respectively, and collectively the “Subscription”).
    3. Fees. In consideration for the provision of the Services (except for Trial Services), Customer shall pay us the applicable fees, as set forth in the applicable Order Form (“Fees”). Unless indicated otherwise, Fees are stated in US dollars. Customer hereby authorizes us, either directly or through our payment processing service or our affiliates, to charge such Fees via Customer’s selected payment method, upon due date or shall otherwise remit payment to monday.com upon the due date. Unless expressly set forth herein, the Fees are non-cancelable and non-refundable. We reserve the right to change the Fees at any time, upon notice to Customer if such change may affect Customer’s existing subscriptions upon renewal. In the event of failure to collect the Fees owed by Customer, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel the Account, without notice.
    4. Taxes. The Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these Terms and the purchase or sale, of the Services hereunder (“Taxes”). If Customer is located in a jurisdiction which requires Customer to deduct or withhold Taxes or other amounts from any amounts due to us, Customer should notify us, in writing, promptly and we shall join efforts to avoid and/or reduce any such Tax withholding, provided, however, that in any case, Customer shall bear the sole responsibility and liability to pay such Tax and such Tax should be deemed as being added on top of the Fees payable by Customer.
    5. Upgrades. Customer may upgrade and/or enhance its Services by either: (i) adding Users; (ii) upgrading to a higher type of Subscription Plan; (iii) adding additional services, products, features or functionalities; and/or (iv) upgrading to a longer Subscription Term (collectively, “Upgrades”). Some Upgrades or other changes may be considered as a new purchase, hence will restart the Subscription Term for all or some of the Services and some will not, as indicated within the Services and/or the Order Form. Upon an Upgrade, Customer will be billed for the applicable additional Fees, at our then-current rates (unless indicated otherwise in an Order Form), either: (a) prorated for the remainder of the then-current Subscription Term, or (b) whenever the Subscription Term is being restarted, then the Fees already paid by Customer will be reduced from the new upgraded Fees, and the difference shall be due and payable by Customer upon the date on which the Upgrade was made. “Add-Ons” means additional enhancements and/or additional functionalities for the applicable Services for the respective Subscription Plan purchased by Customer that are made available for purchase, which may be subject to additional Fees.
  2. Refund Policy; Chargeback.some text
    1. Refund Policy. If Customer is not satisfied with its first purchase of the Services and solely with respect thereto (“Initial Purchase”), then Customer may terminate such Initial Purchase of the Services by providing us a written notice, within 30 days of such Initial Purchase (“Refund Period”). In the event that Customer terminates such Initial Purchase, within the Refund Period, we will refund Customer the prorata portion of any unused and unexpired Fees pre-paid by Customer in respect of such terminated Services, unless such other sum is required by applicable law, in the same currency we were originally paid (“Refund”). The Refund is applicable only to the Initial Purchase and does not apply to any additional or subsequent purchases, upgrades, modification or renewals of the Services (even if such were performed during the Refund Period). Please note that we shall not be responsible to Refund any differences caused by change of currency exchange rates or fees that Customer was charged by third parties, such as wire transfer fees. After the Refund Period, the Fees are non-refundable and non-cancellable. To the extent permitted by law, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for Services actually received and enjoyed, we reserve our right to reject Customer’s Refund request. Subject to the foregoing, upon termination by Customer under this Section 10.1 all outstanding payment obligations shall immediately become due for the used Services and Customer will promptly remit to monday.com any fees due to monday.com under these Terms.
    2. Non-Refundable Services. Certain Services may be non-refundable. In such event we will identify such Services as non-refundable, and Customer shall not be entitled, and we shall not be under any obligation, to terminate the Services and give a Refund.
    3. Chargeback. If, at any time, we record a decline, chargeback or other rejection of a charge of any due and payable Fees (“Chargeback”), this will be considered as a breach of Customer’s payment obligations hereunder, and Customer’s use of the Services may be suspended, disabled or terminated at monday.com’s discretion. Customer may not have any further access to the Services in the event of such suspension, disablement or termination, unless monday.com otherwise enables Customer to resume its access to the Services, at its sole discretion, subject to Customer’s payment of any applicable Fees in full, including any fees and expenses incurred by us and/or any Third Party Services for each Chargeback received (including handling and processing charges and fees incurred by the payment processor), without derogating from any other remedy that may be applicable to us under these Terms or applicable law.
  3. Term and Termination; Suspension.some text
    1. Term. These Terms are in full force and effect, commencing upon the Effective Date, until the end of all Subscriptions to the Services underlying the Account, either paid or unpaid, unless terminated otherwise in accordance with these Terms.
    2. Termination for Cause. Either Customer or us may terminate the respective Services and these Terms, as applicable, upon written notice, in case that the other party (a) is in material breach of these Terms and to the extent, curable, fails to cure such breach, within a reasonable cure period, which shall not be less than 10 days following a written notice from by the non-breaching party; provided, however, that termination by Customer shall apply only with respect to those components of the Services with respect to which the breach has occurred; or (b) ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within 45 days.
    3. Termination by Customer. Customer may terminate its Subscription to the Services by canceling the Services and/or deleting the Account, whereby such termination shall not derogate from Customer’s obligation to pay applicable Fees except where such termination is made within the Refund Period. In accordance with Section ‎9 above, unless mutually agreed otherwise by Customer and us in a written instrument, the effective date of such termination will take effect at the end of the then-current Subscription Term, and Customer’s obligation to pay the Fees throughout the end of such Subscription Term shall remain in full force and effect, and Customer shall not be entitled to a refund for any pre-paid Fees.
    4. Effect of Termination of Services. Upon termination or expiration of these Terms, Customer’s Subscription and all rights granted to you hereunder shall terminate, and we may change the Account’s web address. It is Customer’s sole liability to export the Customer Content  prior to such termination or expiration. In the event that Customer did not delete the Customer Content  from the Account, we may continue to store and host it until either Customer or we, at our sole discretion, delete such Customer Content , and during such period, Customer may still be able to make a limited use of the Services in order to export the Customer Content  ( “Read-Only Mode”), but note that we are not under any obligation to maintain the Read-Only Mode period, hence such period may be terminated by us, at any time, with or without notice to Customer, and subsequently, the Customer Content  will be deleted. Customer acknowledges the foregoing and its sole responsibility to export and/or delete the Customer Content  prior to the termination or expiration of these Terms, and therefore we shall not have any liability either to Customer, nor to any User or third party, in connection thereto. Unless expressly indicated herein otherwise, the termination or expiration of these Terms shall not relieve Customer from its obligation to pay due Fees.
    5. Survival. Section ‎2.6 (Customer Responsibility for Users), 3 (Public Content) ‎4 (Customer Content ), ‎6 (Privacy and Security), ‎7 (Third Party Services; Links), ‎9 (Subscription, Fees, Upgrades and Renewal) in respect of unpaid Subscription Fees, ‎11 (Term and Termination; Suspension), ‎12 (Confidentiality), ‎13 (Warranty Disclaimer), ‎14 (Limitations of Liability), ‎16 (Indemnification), 18 (Governing Law and Jurisdiction; Class Action Waiver and Arbitration) and 19 (General Provisions), and such other sections of these Terms which by their nature are intended to survive, shall survive the termination or expiration of these Terms, and continue to be in force and effect in accordance with their applicable terms.
    6. Suspension. Without derogating from our termination rights above, we may decide to temporarily suspend the Account and/or a User Profile (including any access thereto) and/or our Services, in the following events: (i) we believe, at our sole discretion, that you or any third party, are using the Services in a manner that may impose a security risk, may cause harm to us or any third party, and/or may raise any liability for us or any third party; (ii) we believe, at our sole discretion, that you or any third party, are using the Services in breach of these Terms or applicable Law; (iii) Customer’s payment obligations, in accordance with these Terms, are or are likely to become, overdue; or (iv) Customer’s or any of its Users’ breach of the Acceptable Use Policy. The afore-mentioned suspension rights are in addition to any remedies that may be available to us in accordance with these Terms and/or applicable Law.
  4. Confidentiality.some text
    1. Confidential Information. In connection with these Terms and the Services (including the evaluation thereof), each party (“Disclosing Party”) may disclose to the other party (“Receiving Party”), non-public business, product, technology and marketing information, including without limitation, customers lists and information, know-how, software and any other non-public information that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, whether disclosed prior to or after the Effective Date (“Confidential Information”). For the avoidance of doubt, (i) Customer Data is regarded as Customer’s Confidential Information, and (ii) our Site, Services, Trial Services and/or Pre-Released Services, inclusive of their underlying technology, and their respective performance information, as well as any data, reports and materials we provided to you in connection with your evaluation or use of the Services, are regarded as our Confidential Information. Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without any use or reference to the Confidential Information.
    2. Confidentiality Undertakings by the Receiving Party. The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, service providers and agents, on a need to know basis and who are bound by confidentiality obligations at least as restrictive as those contained herein; and (ii) not use or disclose any Confidential Information to any third party, except as part of its performance under these Terms and as required to be disclosed to legal or financial advisors to the Receiving Party or in connection with a due diligence process that the Receiving Party is undergoing, provided that any such disclosure shall be governed by confidentiality obligations at least as restrictive as those contained herein.
    3. Compelled Disclosure. Notwithstanding the above, Confidential Information may be disclosed pursuant to the order or requirement of a court, administrative agency or other governmental body; provided, however, that to the extent legally permissible, the Receiving Party shall make best efforts to provide prompt written notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure.
  5. Warranty Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE MAKE NO REPRESENTATIONS AND/OR WARRANTIES AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

  1. THE MODNAY MANSION WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS, HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS AND/OR WARRANTIES OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.
  2. WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND/OR WARRANTIES THAT THE SERVICES, INCLUDING THE ACCESS THERETO AND USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WILL NOT BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND/OR SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE AND OUR VENDORS FURTHER DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DELAYS, FAILURES, INTERCEPTION, ALTERATION, LOSS, OR OTHER DAMAGES THAT YOU AND/OR YOUR DATA MAY SUFFER, THAT ARE BEYOND OUR CONTROL.
  3. WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY REPRESENTATIONS AND/OR WARRANTIES (I) THAT OUR SERVICES AND SITES (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICES AND/OR THE SITES.
  1. Limitation of Liability.

NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL MONDAY.COM, ITS AFFILIATES AND THIRD-PARTY PROVIDERS BE LIABLE FOR: (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, BUSINESS, OR ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL; (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS; AND/OR (V) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THESE BETA TERMS ‎SHALL APPLY: (I) EVEN IF MONDAY.COM, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT). IN ANY EVENT, MONDAY.COM’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES UNDER THESE BETA TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS.

  1. Specific Laws; Reasonable Allocation of Risks.some text
    1. Specific Laws. Except as expressly stated in these Terms, we make no representations or warranties that your use of the Services is appropriate in your jurisdiction. Other than as indicated herein, you are responsible for your compliance with any local and/or specific applicable Laws, as applicable to your use of the Services.
    2. Reasonable Allocation of Risks. You hereby acknowledge and confirm that the limitations of liability and warranty disclaimers contained in these Terms are agreed upon by you and us and we both find such limitations and allocation of risks to be commercially reasonable and suitable for our engagement hereunder, and both you and us have relied on these limitations and risk allocation in determining whether to enter these Terms.
  2. Indemnification. 

Customer hereby agrees to indemnify, defend and hold harmless monday.com and its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, losses, reasonable expenses or costs (collectively, “Losses”) incurred as a result of any third party claim arising from (i) Customer’s and/or any of its Users’, violation of these Terms or applicable Law; and/or (ii) Customer Content, including the use of Customer Content by monday.com and/or any of its subcontractors, infringes or violates, any third party’s rights, including, without limitation, intellectual property, privacy and/or publicity rights.

  1. Export Controls; Sanctions.

The Services may be subject to Israeli, U.S. or foreign export controls, Laws and regulations (“Export Controls”), and you acknowledge and confirm that: (i) you are not located or use, export, re-export or import the Services (or any portion thereof) in or to, any person, entity, organization, jurisdiction or otherwise, in violation of the Export Controls; (ii) you are not: (a) organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. or Israeli economic or trade sanctions (currently, Cuba, Lebanon, Iran, Syria, North Korea, or the Crimea region of Ukraine), (b) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (c) otherwise the target of U.S. sanctions; and Customer is solely responsible for complying with applicable Export Controls and sanctions which may impose additional restrictions, prohibitions or requirements on the use, export, re-export or import of the Services and/or the Customer Content ; and (iii) Customer Content  is not controlled under the U.S. International Traffic in Arms Regulations or similar Laws in other jurisdictions, or otherwise requires any special permission or license, in respect of its use, import, export or re-export hereunder.

  1. Governing Law and Jurisdiction; Class Action Waiver and Mandatory Arbitration.some text
    1. Governing Law; Jurisdiction. These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Israel without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Courts of competent jurisdiction located in Tel Aviv-Jaffa, Israel, shall have the sole and exclusive jurisdiction and venue over all controversies and claims arising out of, or relating to, these Terms. You and us mutually agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Notwithstanding the foregoing, monday.com reserves the right to seek injunctive relief in any court in any jurisdiction.
    2. Class Action Waiver. WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND monday.com AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and monday.com mutually agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
    3. Arbitration. To the extent permitted under applicable Law, you and monday.com hereby irrevocably agree to the following provisions:some text
      1. Dispute resolution and Arbitration. Any dispute, claim, or controversy between you and us arising in connection with, or relating in any way to, these Terms (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination or expiration of these Terms) will be determined solely by mandatory binding arbitration. In arbitration there is no judge or jury and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would.
      2. Exception. Notwithstanding clause 17.3.1 above, you and monday.com both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to seek injunctive relief in a court of law. In addition to the above, notwithstanding clause 17.3.1 above, monday.com may file a suit in a court of law against you to address intellectual property infringement claims.
      3. Arbitration Process Rules. Either you or we may start arbitration proceedings. Any arbitration between you and us will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC”) then in force (“ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules. The arbitration will take place in Tel Aviv-Jaffa, and shall be conducted in the English language and unless otherwise required by a mandatory law of any jurisdiction, the law to be applied in any arbitration shall be the law of the State of Israel, without regard to choice or conflicts of law principles. The arbitration proceedings shall be conducted on an expedited basis and shall result in an award within no more than 60 days. The arbitration shall be conducted on a confidential basis. The award of the Arbitrator shall be final and binding on the parties. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible.
      4. Special Statute of Limitation. Any arbitration must be commenced by filing a demand for arbitration within 2 years after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits such limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable Law.
      5. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Dispute Notice”). The Dispute Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Dispute Notice is received, you or us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Without derogating from the generality of the confidentiality protection under clause 17.3.3 above, all documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable Law. Except as required to enforce the arbitrator’s decision and award, neither you nor us shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
  2. General Provisions.some text
    1. Interpretations. Any heading, caption or section title contained herein, and/or any explanation or summary columns, is provided only for convenience, and in no way alters and/or amend the provisions within the Terms nor shall it legally bind us in any way.
    2. Force Majeure. Neither we nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
    3. Relationship of the Parties; No Third Party Beneficiaries. The parties are independent contractors. These Terms and the Services provided hereunder, do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to these Terms.
    4. Customer Reference. Customer acknowledges and accepts that monday.com has the right to use Customer’s name and logo to identify Customer as a customer of monday.com or as a User of the Services, on monday.com’s Sites, marketing materials or otherwise by public announcements, including, but not limited to, earning statements and calls, shareholder materials and similar announcements. Customer may revoke such right, at any time, by contacting support@monday.com. 
    5. Notice. We shall use your contact details that we have in our records, in connection with providing you notices, subject to this Section 19.5. Our contact details for any notices are detailed below. You acknowledge notices that we provide you, in connection with these Terms and/or as otherwise related to the Services, shall be provided as follows: via the Services, including by posting on our Sites or posting in your account, text, in-app notification, e-mail, phone or first class, airmail, or overnight courier. You further acknowledge that an electronic notification satisfies any applicable legal notification requirements, including that such notification will be in writing. Any notice to you will be deemed given upon the earlier of: (i) receipt; or (ii) 24 hours of delivery. Notices to us shall be provided to monday.com Ltd., attn: General Counsel, at legal@monday.com, or sent to 6 Yitzhak Sadeh St., Tel-Aviv 6777506, Israel.
    6. Assignment. These Terms, and any and all rights and obligations hereunder, may not be transferred or assigned by you without our written approval, provided that you may assign these Terms to your successor entity or person, resulting from a merger, acquisition, or sale of all or substantially all of your assets or voting rights, except for an assignment to a competitor of monday.com, and provided that you provide us with prompt written notice of such assignment and the respective assignee agrees, in writing, to assume all of your obligations under these Terms. We may assign our rights and/or obligations hereunder and/or transfer ownership rights and title in the Services to a third party without your consent or prior notice to you. Subject to the foregoing conditions, these Terms shall bind and enure to the benefit of the parties, their respective successors, and permitted assigns. Any assignment not authorized under this Section ‎22.5 shall be null and void.
    7. Severability. These Terms shall be enforced to the fullest extent permitted under applicable Law. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.
    8. No Waiver. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. No waiver under these Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
    9. No Reliance. You acknowledge and agree that you do not rely on, and shall have no remedy in respect of, any statement, warranty and/or representation made (including whether innocently or negligently) by us or any other person on our behalf except as expressly set out in these Terms.
    10. Modifications. Occasionally, we may make changes to these Terms for valid reasons, such as adding new functions or features to the Services, technical adjustments, typos or error fixing, for legal or regulatory reasons or for any other reasons as we deem necessary, at our sole discretion. When we make material changes to these Terms, we’ll provide Customer with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Services or by sending Customer an email. Your continued use of the Services after the changes have been implemented will constitute your acceptance of the changes.

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