The monday.com Foundation - Website Terms of Use
These Terms of Use (“Terms”) are an agreement between monday.com Foundation Ltd. (“the monday.com Foundation,” “we,” “us” etc.) and you and govern your use of the Site (as hereinafter defined) and all information on or submitted through it.
You understand that your use of this site, registration on the site, or use of mobile app, online portal, electronic forms, surveys, and interactive exhibits related to this site or any other website owned or operated by the monday.com Foundation (collectively the “Site”), constitutes your agreement to these Terms, as amended from time to time.
Do not use the Site if you do not agree to the 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. In case you represent your employer or another 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 the entity for whom you act as agent if you are: (i) using your employer or an entity’s email address in registering into the Site, and/or (ii) using the Site. Persons under 18 years of age are not authorized to use the Site.
1. Restriction on Use of Content; Export Controls
The Site may contain a variety of information, including (without limitation) information, data, text, software, photographs, graphics, video, messages, or other materials (collectively, “Content”). Also, where applicable, you may upload, post, or otherwise provide content in connection with the Site (“Your Content”). Much of the Content on the Site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also may have Content that if so designated may be downloaded by you pursuant to these Terms (“Available Content”). YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE, AND USE THE AVAILABLE CONTENT SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL PURPOSES. YOU MAY NOT SELL THE AVAILABLE 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.
You may not use or export anything (including information) from the Site in violation of U.S., Israeli, or other applicable export laws, regulations, or the Terms. You acknowledge and confirm that you are not: (a) a resident in a country or territory that is the target of 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.
2. Registration and Creation of Profiles; Attribution of Electronics Acts to You
For some areas of the Site, you may have to complete a registration process or create a profile for use in applying for something. In case 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. If you are careless with it, others may be able to access the 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 the monday.com Foundation has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, the monday.com Foundation may suspend or terminate your access or application (where relevant), 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.
3. User Generated Content and Site Activities
A. User-Generated Content – Your Responsibility and License to Others. When you provide Your Content, such as by uploading information, you:
- represent and warrant that Your Content is (a) wholly your original work, or (b) that you have all necessary rights, titles, interests, and licenses to upload it and make it available to the monday.com Foundation and other users for download, distribution, and use under these Terms without (i) violation (by you, us, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else that you have not conspicuously disclosed in Your Content. As used here, “adverse consequence,” means a restriction governing Your Content that could be triggered if we or others exercise a right under the license you grant below and which imposes an obligation, liability, or impairment of rights on us or others that was not conspicuously disclosed by you before exercise of a right. To disclose an adverse action, you agree to conspicuously place on or in Your Content notice that adverse actions can result and that you may be contacted at the email address and telephone number in the notice to obtain your full disclosure of applicable licenses and restrictions applicable to Your Content;
- grant the monday.com Foundation, its affiliates, Third Parties sub-licensees and successors and assigns, and each Site user who downloads Your Content under these Terms, 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 determined by the monday.com Foundation or other licensed person in its sole discretion) to allow the monday.com Foundation 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) complying with legal process; (b) enforcing these Terms; (c) responding 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 the monday.com Foundation, its users and the public.
You agree not to upload, post, or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to be:
(i) defamatory, obscene, invasive to another person’s privacy or protected data, or tortious; (ii) infringing upon anyone’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity; (iii) containing any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and (iv) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to the monday.com Foundation above).
The monday.com Foundation anticipates that some Content will be made available to you and others through the Site or otherwise. 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 the monday.com Foundation.
B. Site Activities. The Site is provided As Is and when available, and we may change all Content, functionality, and services at our discretion at any time. We may also do this for particular activities even if you have started to participate. For example, we can suspend or change a program even if you have already applied. Also, we or Third Parties might make a mistake and we reserve the right to correct anything, including but not limited to Content or assistance on the Site. For example, we may correct, change, withdraw, or do anything else with a course description even if you have already taken action based on it.
4. Privacy Notice
Please refer to our Privacy Notice, 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 Notice and any applicable supplemental privacy notice and obtained their explicit consent. We may ask you to provide evidence of that notice and consent.
5. Our Intellectual Property Rights
The Complete Site (as defined in Section 8 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 the monday.com Foundation 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 the monday.com Ltd. and/or the monday.com’s Foundation Marks without the monday.com Foundation’s prior written consent.
6. Feedback; Your License to Us
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 supply Feedback that infringes or violates the rights of others, and you hereby grant the monday.com Foundation 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 the monday.com Foundation. “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, Content or any aspect of our mission or operations, whether provided to us or persons working with us or the Feedback, and whether provided through the Site or media such as a chat room, survey, report, grant, software tool, bulletin board or otherwise.
As used above, “License to the monday.com Foundation” means a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to the monday.com Foundation to exercise all now or later existing intellectual property rights or other rights of yours or others in the Feedback, for purposes of supporting the monday.com Foundation’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). The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private sites, newspapers or other media, brochures, reports, and so on, all or part of the Feedback and any other information that you provide through or relating to our Site or the Content.
7. Your Reference
You acknowledge and accept that we have the right to use your name and logo for marketing purposes, on the Site, marketing materials or otherwise by public announcements. You may revoke such right, at any time, by contacting us via this FORM .
8. Indemnification
You agree to indemnify, defend and hold harmless the monday.com Foundation and Third Parties, 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: Your Content, use of the Site, any assistance, consultation or services provided by us or Third Parties in relation to the Site, 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.
9. NO WARRANTIES, CONDITIONS OR OTHER DUTIES
THE SITE AND ALL CONTENT (regardless of who generates it), SITE FUNCTIONALITY, OFFERING, ASSISTANCE, CONSULTATION, ACTIVITIES, COURSES, AND SERVICES PROVIDED BY THE SITE, THE MONDAY.COM FOUNDATION OR THIRD PARTIES (collectively, “COMPLETE SITE”) ARE SUBJECT TO CHANGE AND ARE 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 WARRANTIES OR CONDITIONS (IF ANY) 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, 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.
YOU AGREE THAT BY APPLYING TO THE SITE, THE MONDAY.COM FOUNDATION DOES NOT GUARANTEE YOUR ACCEPTANCE TO ANY PROGRAM, NOR DOES THE MONDAY.COM FOUNDATION GUARANTEE ANY ENGAGEMENT (WHETHER AT THE MONDAY.COM FOUNDATION OR ANY THIRD PARTY) WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND THEREFORE, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THE MONDAY.COM FOUNDATIONNOR 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 ANY ASPECT OF THE COMPLETE SITE OR TO ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY NOTICE), EVEN IF WE HAVE 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 PRODUCT LIABILITY OR MISREPRESENTATION.
11. EXCLUSIVE REMEDY; DAMAGE LIMITATION
YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS (INCLUDING WITHOUT LIMITATION, THE PRIVACY NOTICE) AND FOR ANY AGGREGATE DAMAGES DUE TO YOU (OR OTHERS RELATED TO YOU) BY THE MONDAY.COM FOUNDATION 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 ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED IN SECTIONS 9 AND 10 AND, THEREFORE, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Linked Sites
Our Site may contain links to websites of third parties. We provide these links as a convenience but do not endorse the linked site or anything on it. While their information, products, and services may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their privacy notices, statements, or policies (if any).
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.
13. Amendments
You agree that from time to time we may alter these Terms, including but not limited to the Privacy Notice, and including adding or eliminating all or parts of provisions (“Amendments”). You also understand that the monday.com Foundation may, at any time initiate programs with terms that may differ from those contained in these Terms. 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. Those 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.
14. Governing Law and Exclusive 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 the exclusive jurisdiction of the competent courts of Tel-Aviv-Jaffa, Israel.
15. 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 that 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 via this FORM or sent to 6 Yitzhak Sadeh St., Tel Aviv, 6777506, Israel.
16. Termination or Cancellation; No Continuing Rights
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. This is so even if you elect to store documents on the Site, so make your own copies of anything to which you want to ensure access. 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.
17. Entire Agreement; Miscellaneous
These Terms, including the Privacy Notice, 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 the monday.com Foundation 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. The terms of this Section 16, Sections 3 and 4, 6 through 10, and 13 through 15, and our rights under the Privacy Noticewill 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.