Terms & Conditions
monday.com Partner Community Terms of Use
These monday.com Partner Community Terms of Use (“Terms”) are the terms that apply to your use of the monday.com Partner Community, Partner Hub and any related website owned or operated by monday.com for its partners community (“Site”) and constitute an agreement between monday.com Ltd. ("monday.com," "we," "us" etc.) and you, either individually or on behalf of your employer or any other entity which you represent, and govern your use of the Site and all information on or submitted through it.
You understand that your use of the site constitutes your agreement to these Terms, including but not limited to monday.com Privacy Policy ("Privacy Policy"), as amended from time to time.
Do not use the Site if you do not agree to these Terms or if your jurisdiction will not honor them.
References to "you" mean the "user" individually, unless otherwise stated on the Site or in these Terms. You hereby represent that after reading and understanding these Terms, you agree to these Terms. Persons under 18 years of age are not authorized to use the Site.
1. Site registration
You may have to complete a registration process or create a profile in order to access and use the Site. In case that the completion of the process involves the creation of an account with a username and password or other identifier, you agree to guard them as confidential information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or monday.com has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, monday.com may suspend or terminate your access to the Site, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, and other third parties with whom we work in order to provide the Site, Content, services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively, "Third Parties"), as being a use made by you, even if someone else used your identifier.
2. Our Content
The Site may contain a variety of information, including (without limitation) information, language, content, data, text, software, photographs, graphics, video, messages, tutorials, courses, or other materials, provided through or disclosed by use of the Site (collectively, "Content"), whether by us or other users of the Site.
YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. YOU MAY NOT SELL THE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE IT OR THE SITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS.
Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality. YOU AGREE NOT TO RELY ON CONTENT AND TO DETERMINE ALL RELEVANT FACTORS ON YOUR OWN, INCLUDING (WITHOUT LIMITATION) ACCURACY, FUNCTIONALITY, QUALITY, RELIABILITY AND OTHER RELEVANT FACTORS. We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Content at any time, but do not undertake any duty to do so.
Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of monday.com.
3. Your Content
You may upload, post or otherwise provide Content in connection with or through your use of the Site ("Your Content"). When you provide Your Content you represent and warrant that (i) Your Content is wholly your original work, or that you have all necessary right, title, interest and licenses to upload it and make it available through the Site; (ii) you are not violating any confidentiality obligations by submitting Your Content to the Site, and (iii) that Your Content does not violate or constitute the infringement of any intellectual property right, privacy right, publicity right or other proprietary right of any Third Parties;
You grant monday.com, its affiliates, Third Parties sub-licensees and successors and assigns a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from Your Content; (ii) publicly perform or display, license and distribute copies of Your Content, modified (Your) Content and derivative works of Your Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determine by monday.com or other licensed person in its sole discretion) to allow monday.com or other licensed person to fulfill its mission, to further its related operations, and to create, advertise, operate and manage the Site.
We reserve the right to remove Your Content if we believe Your Content violates these Terms or may otherwise create liability for us.
In addition to the rights above, you acknowledge and agree that we may keep Your Content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of monday.com, its users and the public.4. Usage Guidelines: Acceptable Use; Suspension
You must review and follow the Community Guidelines. We may change the Community Guidelines from time to time by updating the applicable website. Your use of the Site is subject to the Community Guidelines, which are incorporated to these Terms by reference.
You will use the Site for its intended purpose only. You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the Site or Content. In addition, and without limiting the other requirements in these Terms, you may not (directly or indirectly) use the Site with Your Content, or in a manner that (i) is in violation of these Terms; (ii) is confidential, proprietary or discloses sensitive or personal information; (iii) is threatening, abusive, harassing, stalking, or defamatory; (iv) is deceptive, false, misleading or fraudulent; (v) is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity); (vi) contains vulgar, obscene, indecent or unlawful material; (vii) infringes a third party's intellectual property rights; (viii) publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so; (ix) uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; (x) restricts or inhibits any other user of the Site from using and enjoying the Site; (xi) harvests or otherwise collects information about others, including e-mail addresses, without their consent; (xii) attempts to gain unauthorized access to the Site, or access the Site by any means other than through the interface that we provide to you; (xiii) is in violation of any applicable law or regulation.
We may immediately terminate these Terms and/or suspend your access and use of the Site if we believe, at our sole discretion, that you are using the Site in a manner that may impose a security risk, may cause harm and/or may raise any liability for us or any third party, you are using the Site in breach of these Terms or applicable law or if we determined it to be necessary or desirable in our sole discretion. The afore-mentioned termination and suspension rights are in addition to any remedies that may be available to us in accordance with these Terms and/or applicable law.
5. Export Controls
You may not use or export anything (including information) from the Site in violation of U.S., Israeli or other applicable export laws, or regulations. You acknowledge and confirm that you are not: (a) a resident in a country or territory that is the target or comprehensive U.S. or Israeli economic or trade sanctions (currently, Lebanon, Cuba, 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.
6. Correction of Errors and Inaccuracies
The Complete Site (as defined in Section 11 below) is provided “As Is” and when available, and we may change the Site including all Content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. The Site and Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update the Site, Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies, or omissions will be corrected.
7. Privacy Policy
Please refer to our Privacy Policy, which describes our practices and policies related to the collection, use, and storage of personal data. Do not provide personal data about others unless you are authorized or required to do so by contract or applicable law. You may provide personal data on behalf of another person if you have provided them with a copy of our Privacy Policy and any applicable supplemental privacy notice and obtained their explicit consent. We may ask you to provide evidence of that notice and consent.
8. Our Intellectual Property Rights
The Complete Site (as defined in Section 11 below), excluding Your content and inclusive of names, logos, trademarks and service marks (collectively, "Marks"), any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing, are the property of monday.com and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted to you are reserved. You are not authorized to use any of monday.com’s Marks without monday.com’s prior written consent.
9. Feedback
We hope that you will provide your Feedback (as defined below) so that we may better support, improve and pursue our mission. However, you agree that you will not provide Feedback that infringes or violates the rights of others, and you hereby grant monday.com a License (as defined below) to your Feedback. You agree that we have no obligation to pay you or anyone else for Feedback or for the License to monday.com. "Feedback" means all remarks, data, suggestions, methods, surveys, reports, processes and ideas (including patentable ideas) and other Content that you provide by using the Site or provide about it, and whether provided through the Site or other media. "License to monday.com" means a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to monday.com to exercise all now or later existing intellectual property rights or other rights of yours or others in the Feedback, for purposes of supporting monday.com's purposes (as determined by us in our discretion from time to time) in full or in part and in all possible media (now known or later developed).
10. Indemnification
You agree to indemnify, defend, and hold harmless monday.com and any Third Party, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of (i) your use of the Site; (ii) Your Content; or (iii) any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record.
11. No Warranties, Conditions or Other Duties
THE SITE AND ALL CONTENT (REGARDLESS OF WHO GENERATES IT), SITE FUNCTIONALITY, OFFERRING, ASSISTANCE, CONSULTATION, ACTIVITIES, TUTORIALS, COURSES AND SERVICES PROVIDED BY THE SITE, MONDAY.COM OR THIRD PARTIES (COLLECTIVELY, "COMPLETE SITE") ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES "AS IS" WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. No Incidental, Consequential Or Certain Other Damages
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER MONDAY.COM NOR ANY OF THE THIRD PARTIES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR LOST OPPORTUINITY OR LOST BUSINESS, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE COMPLETE SITE OR TO ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY), EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.
13.EXCLUSIVE REMEDY; DAMAGE LIMITATION
YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE TO YOU (OR OTHERS RELATED TO YOU) BY MONDAY.COM OR ANY OF THE THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE COMPLETE SITE, WILL BE AT OUR OPTION: (A) SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY); OR (B) ONE-HUNDRED USD (US $100). THE DAMAGE EXCLUSIONS AND LIMITATIONS IN THESE TERMS ARE INDEPENDENT AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED IN SECTIONS 12 AND 13 AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
14. Third Party Services; Linked Sites
The Site may contain products or services that are provided by third parties or links to websites of third parties. While their products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any use of such third party services or visits to linked sites are at your own risk and governed by their privacy notices, statements, or policies (if any) and we disclaim all liability with respect such third party products and sites that you use.
In addition, you are not permitted to link or shortcut to our Site from your website, blog or similar application, without obtaining prior written permission from us.
15. Amendments
You agree that from time to time we may alter these Terms, including but not limited to the Privacy Policy, and including adding or eliminating all or parts of provisions ("Amendments"). Amended versions of these Terms will take effect on the date specified for the amended version ("Effective Date") and will apply to all information that was collected before or after the Effective Date, including information in databases. You have no continuing right to use the Site, and each time you visit you will be subject to the version of the Terms in effect on your visit. These terms will change from time to time and the changes will be effective when they appear in a replacement version of these Terms as posted by us on the Site. No other Amendments will be valid unless they are in a paper writing signed by us and by you.
Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms – if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. USE OF THE SITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT, ANY SERVICES OR ASSISTANCE.
16. Governing Law and Jurisdiction
These Terms and your use of the Site are governed by the laws of the State of Israel, without regard to its choice of law provisions. You hereby consent to exclusive jurisdiction of the competent courts of Tel-Aviv-Jaffa, Israel.
17. Notices
We shall use your contact details that we have in our records in connection with providing you notices. 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 Site, shall be provided as follows: by posting on the Site, text, 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 partners-community@monday.com or sent to 6 Yitzhak Sadeh St., Tel Aviv, 6777506, Israel.
18. Term and Termination or Cancellation
These Terms will apply for as long as you use or maintain a username for the Site. You have no continuing right to use the Site and we may deny or suspend access or terminate or cancel these Terms with or without cause and at any time and without prior notice. We may give notice of termination or cancellation in the same way that we may provide other notices.
Termination or cancellation will not eliminate the surviving provisions of these Terms (see "Entire Agreement; Miscellaneous") and you will still be liable for obligations incurred before these Terms or access ended.
19. Entire Agreement; Miscellaneous
These Terms, including the Privacy Policy, amendments and any: (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Site for particular activities or Content; and (c) our disclosures and your consents provided on or in connection with the Site or any Content, service or other activity; constitute the entire agreement between you and monday.com regarding the Complete Site or the subject matter of the foregoing (collectively, "Entire Agreement"). If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. The foregoing does not impair the enforceability of additional agreements you enter into.
Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. Time is of the essence of the Entire Agreement and there are no third party beneficiaries of it. The terms Sections 2 and 3, 8 through 13, 16 through 19, our rights under the Privacy Policy and any other section which intends to survive by nature will survive termination or cancellation of this Entire Agreement. You may print or make an electronic copy of the Entire Agreement for your official records; to the extent required by law, we hereby instruct you to do so. You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.
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