These Terms of Use (“Terms”) are an agreement between monday.com FoundationLtd. ("monday.com Foundation," "we," "us" etc.) and you and govern your use of the Site and all information on or submitted through it.
You understand that your use of this site (or any related site owned or operated by monday.com Foundation), registration on the site or use of any mobile app, online portal, electronic forms, surveys and interactive exhibits related to the site (collectively the “Site”),constitute your agreement to these Terms, including but not limited to monday.com Foundation’s Privacy Notice (the "Privacy Notice" ) 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.
Most users of this Site are employees or other agents of entities, so references to "you" mean both: (1) any entity or individual that is your employer or for whom you act as agent including but not limited to schools and other educational institutions, and (2) the "user" individually unless otherwise stated on the Site or in 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; (ii) you have obtained, or will obtain, all necessary approvals, permissions, and authorizations from the parents, guardians, or legal representatives (as applicable) to bind any and all participants in the services offered in the Site; and (iii) 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.
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, 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 theseTerms ("Available Content").YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE,AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF FURTHERING YOUR MISSION IN THE ORDINARY COURSE OF OPERATIONS. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE IT OR THE SITETO 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) organized under the laws of, operating from, or otherwise ordinarily 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.
For some areas of the Site, you may have to complete a registration process or create a profile for use in applying for something(e.g., training). 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 maybe 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 monday.com Foundation has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, monday.com Foundation may suspend or terminate your access, application, grant, or participation in a program, 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 usemade by you, even if someone else used your identifier.
A. User GeneratedContent -- Your Responsibility and License to Others. When you provideYour 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 right, title, interest and licenses to upload it and make it available to 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 anadverse action, you agree to conspicuously place on or in Your Content noticethat adverse actions can result and that you may be contacted at the emailaddress and telephone number in the notice to obtain your full disclosure ofapplicable licenses and restrictions applicable to Your Content;
● grant monday.com Foundation, its affiliates, Third Parties sub-licensees and successors and assigns, and eachSite 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 YourContent; (ii) publicly perform or display, license and distribute copies ofYour 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 monday.com Foundation or other licensed person in its sole discretion) to allow monday.com Foundation or other licensed persons to fulfill their 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 YourContent 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 theseTerms; (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 Foundation, its users and the public.
You agree not to upload, post or otherwise transmit through theSite 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 monday.com Foundation above).
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. Were serve 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 Foundation.
B. Site Activities. The Site is provided As Is and when available, and we may change all Content, functionality, services, and assistance at our discretion at anytime. We may also do this for particular activities even if you have started to participate. For example, we can withdraw a course or change their description at any time even if you have already applied, and not all services may be posted at all or on the Site.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 theSite. For example, we may correct, change, withdraw, or do anything else with any services’ description even if you have already taken action based on it.
C. No Commissions. We do not want to deal with persons desiring to be paid for something unless we intentionally enter into an express contract to do so. This means, for example, that we do not pay commissions or other sums to anyone who helps arrange participation in a program, or anything else. For example, if you submit an application for someone else, we will not pay you (or anyone else) a commission or other amount even if we accept the application. We may also use, delete, or ignore any information you provided without paying you anything and without undertaking any duties to you or anyone else.
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 or their parents, guardians, or legal representatives (as applicable) 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.
The Complete Site (as defined in Section 9 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 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 monday.com Foundation’s Marks without monday.com Foundation’s prior written consent.
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 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 theLicense to 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, 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 monday.com Foundation" means anon-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to 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 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.
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.
You agree to indemnify, defend and hold harmless 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: theContent, 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. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms.
THE SITE AND ALL CONTENT (regardless of who generates it), SITE FUNCTIONALITY, ASSISTANCE, CONSULTATION, SERVICES AND ANY VOLUNTEER WORK PROVIDED BY THE SITE, THE MONDAY.COM FOUNDATION 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, OFANY 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 WORK MAN LIKE 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 THEREFORE, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THEMONDAY.COM FOUNDATION 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 FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTYOF 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 OFTHE COMPLETE SITE OR 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.
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 ORANY 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 ALLOR 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 10 AND 11 AND THEREFORE, TO THE LEAST EXTENTAS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
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.
You agree that from time to time we may alter (including adding or eliminating all or parts of provisions) these Terms, including but not limited to the Privacy Notice ("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. 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 IFYOU 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.
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, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, "Mandate") to contract for application of the law of your local jurisdiction. You hereby consent to the exclusive jurisdiction of the competent courts of Tel-Aviv-Jaffa, Israel, except to the extent you are prohibited from doing so by a Mandate.
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.
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 this site such as a draft of an application form, 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.
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 orContent; 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 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 and there are no third-party beneficiaries of it. The terms of Sections 3 and 4, 6 through 11, and 14 through 17, and our rights under the Privacy Notice will survive termination or cancellation of thisEntire Agreement. You may print or make an electronic copy of the EntireAgreement 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.