Monlert Alpha

Terms of Service

Last updated: 2nd July 2023

Thank you for choosing to use Monlert! Because we don't know every one of our customers personally, we have to put in place some Terms of Service to help keep things in order.

When we say "Company", "we", "our", or "us" in this document, we are referring to Monlert.

When we say "Service" or "Services", we mean our websites, including monlert.com, app.monlert.com, and any product created and maintained by Monlert, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say "You" or "your", we are referring to the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service ("Terms") in the future. Whenever we make a significant change to our policies we will refresh the date at the top of this page, and may take appropriate steps to notify users.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account.

Account Terms

  1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You may not use the Services for any purpose outlined in our Usage Restrictions policy, and you may not permit any of your users to do so, either.
  3. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
  4. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

  1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
  2. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will suspend your account and it will be inaccessible until you make payment. If your account has been suspended for a while, we may permanently delete it.
  3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate will be pro-rata'd and effective immediately.
  4. All advertised prices are exclusive of sales taxes imposed by taxing authorities. Where required, our payment services provider will collect taxes (at the point of checkout) on behalf of the taxing authority and remit those taxes to taxing authorities.
  5. We aim to process refunds fairly. For example, we'll happily refund you up to a few days after your renewal date if you forget to cancel in time, but won't refund you if you've made heavy use of our service - please contact our support team for any questions or refund requests.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account using the link within the settings area of our application. An email request to cancel your account is not considered cancellation until you receive confirmation from Us. If you need help canceling your account, you can always contact our support team.
  2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 14 days, all of your account content will be permanently deleted. Copies of your content may be held in backups of our application database for up to 30 days after its deletion. Within 90 days, all content and personal information will be purged from all of our systems.
  3. If you cancel the Service before the end of your current billing cycle, you can continue to use your account until that date. We will not charge you again.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Usage Restrictions policy.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  1. Sometimes it becomes technically impossible to continue to offer a feature, or we may need to redesign part of our Services because we think it could be better, or we may decide to close new signups. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  2. Sometimes we change the pricing structure for our products. When we do that, we try to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 28 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements our Services - but do take uptime of our applications seriously.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted, such as via email in relation to a support request.
  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Monlert may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data in our Privacy Policy.
  6. Under the California Consumer Privacy Act ("CCPA"), Monlert is a "service provider", not a "business" or "third party", with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms, our Privacy Policy, and any other policies linked to from these Terms. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use Monlert's Services in a way that violates the regulations.

Copyright and Content Ownership

  1. All content posted on the Services must comply with UK copyright law.
  2. You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
  3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logos or any Service logos for promotional purposes. Please email us requests to use our logos & branding. We reserve the right to rescind any permissions if you violate these Terms.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Services Adaptations and API Terms

We may offer Application Program Interfaces ("API"s) for some of our Services. Any use of an API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:

  1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user's activity, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
  3. Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our darnedest to be as safe a bet as possible. If you choose to use our Services, thank you for betting on us.

If you have a question about any of these Terms, please contact our support team.

Our terms of service is adapted from the Basecamp open-source policies / CC BY 4.0.