Terms of Use
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 allinformation on or submitted through it.
You understand that your use of this site (or any related siteowned or operated by monday.comFoundation), registration on the site or use of anymobile app, online portal, electronic forms, surveys and interactive exhibitsrelated to the site (collectively the “Site”),constitute your agreement to these Terms, including but not limited to monday.comFoundation’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 yourjurisdiction will not honor them.
Most users of this Site are employees or other agents of entities,so references to "you" mean both: (1) any entityor individual that is your employer or for whom you act as agent including butnot limited to schools and other educational institutions, and (2) the "user" individually unlessotherwise stated on the Site or in these Terms. In case you represent youremployer or another entity, you hereby represent that (i) you have fulllegal 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 legalrepresentatives (as applicable) to bind any and all participants in theservices offered in the Site; and (iii) after readingand understanding these Terms, you agree to these Terms on behalf of youremployer or the respective entity (as applicable), and these Terms shall bindyour employer or such entity (as the case may be).Please note that you are deemed as an authorized representative of youremployer or the entity for whom you act as agent if you are: (i) using youremployer 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 usethe Site.
1. Restrictionon 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, you may upload, post, or otherwiseprovide Content in connection with the Site (“Your Content”). Much of the Content on the Site is not availablefor downloading, such as our copyrighted works that we do not distribute orworks of others that we are not permitted to distribute. However, we also mayhave 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 MISSIONIN THE ORDINARY COURSE OF OPERATIONS. YOU MAY NOT SELL THE AVAILABLE CONTENT OROTHERWISE 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) fromthe Site in violation of U.S., Israeli, or other applicable export laws,regulations, or the Terms. You acknowledge and confirm that you arenot: (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 tradesanctions (currently, Lebanon, Cuba, Iran, Syria, North Korea, or the Crimearegion of Ukraine), (b) identified on a list of prohibited or restrictedpersons, such as the U.S. Treasury Department’s List of SpeciallyDesignated Nationals and Blocked Persons, or (c) otherwise the target of U.S.sanctions.
2. Registrationand Creating Profiles etc.; Attribution of Electronics Acts to You
For some areas of the Site, you may have to complete aregistration process or create a profile for use in applying for something(e.g., training). In case the completion of the process involves the creationof an account with a username and password or other identifier, you agree toguard them as confidential information. If you are careless with it, others maybe able to access the information. You agree to provide accurate, current, andcomplete information at all times. You also agree that you will review,maintain, correct, and update such information in a timely manner to maintainits accuracy and completeness by using the means allowed for the relevantinformation or, when appropriate, by contacting us. If you provide (or monday.comFoundation has reasonable grounds to believe that youprovided) any information that is inaccurate, not current, or incomplete, monday.comFoundation may suspend or terminate your access,application, grant, or participation in aprogram, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the identifier established for youduring a registration or similar process will be attributed to and legally bindyou and may be relied upon by us and our agents, affiliates, and other thirdparties with whom we work in order to provide the Site, Content, services orpursue our mission (including but not limited to our and their respectiveaffiliates, officers, employees and agents) (collectively "Third Parties"), as being a usemade by you, even if someone else used your identifier.
3. UserGenerated Content and Site Activities
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 underthese Terms without (i) violation (by you, us, Third Parties, users or anyoneelse) of any applicable license, restriction or law, or (ii) a potentiallyadverse consequence to us, Third Parties, users or anyone else that you havenot conspicuously disclosed in Your Content. As used here, "adverseconsequence," means a restriction governing Your Content that could be triggered if we or others exercise a right underthe license you grant below and which imposes an obligation, liability, or impairment of rights on us or others that was notconspicuously 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, itsaffiliates, 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 rightto sublicense to further third parties, as necessary or advisable (asdetermined by monday.com Foundation or otherlicensed person in its sole discretion) to allow monday.com Foundation or other licensed persons to fulfill their mission, tofurther its related operations, and to create, advertise, operate and managethe 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 wemay keep Your Content indefinitely and disclose it for any purpose, includingbut not limited to: (a) comply with legal process; (b) enforce theseTerms; (c) respond to claims that any of Your Content violates the rights ofthird parties; or (d) without undertaking a duty to do so, protect the rights,property, or personal safety of monday.com Foundation, its usersand 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 tobe:
(i) defamatory, obscene, invasive to another person's privacy orprotected data, or tortious; (ii) infringing upon anyone's intellectualproperty rights, including any patent, trademark, trade secret, copyright, orright of publicity; (iii) containing any software viruses or any other harmfulcomputer code, files, or programs, including any designed to interrupt,destroy, or limit the functionality of any computer software or hardware ortelecommunications equipment; and (iv) in violation of any applicable license,law or contractual or fiduciary duty or provision (including by exercise of therights you grant to monday.comFoundation above).
monday.comFoundation anticipates that some Content will be madeavailable to you and others through the Site or otherwise. Content may beoutdated or contain typographical errors, inaccuracies, omissions, orproblematic or defective functionality. YOU AGREE NOT TO RELY ON CONTENT AND TODETERMINE ALL RELEVANT FACTORS ON YOUR OWN, INCLUDING (WITHOUT LIMITATION)ACCURACY, FUNCTIONALITY, QUALITY, RELIABILITY AND OTHER RELEVANT FACTORS. Wereserve the right to monitor and exercise all other rights of ours, and also tomodify or remove any Content at any time, but do not undertake any duty to doso.
Any opinions, advice, statements, assistance, services, offers, orinformation expressed or made available by third parties, including users, arethose of the respective author(s) or distributor(s) and not of monday.com Foundation.
B. Site Activities. The Site isprovided 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 havestarted to participate. For example, we can withdraw a course or change theirdescription at any time even if you havealready 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 tocorrect anything, including but not limited to Content or assistance on theSite. For example, we may correct, change, withdraw, or do anything else with anyservices’ description even if you have alreadytaken action based on it.
C. No Commissions. We do not want todeal with persons desiring to be paid for something unless we intentionallyenter into an express contract to do so. This means, for example, that we donot pay commissions or other sums to anyone who helps arrange participation in a program, or anything else. For example, if you submit anapplication for someone else, we will not pay you (or anyone else) a commissionor other amount even if we accept the application. We may also use, delete, or ignore any information you provided without paying youanything and without undertaking any duties to you or anyone else.
4. PrivacyNotice
Please refer to our Privacy Notice, which describes ourpractices and policies related to the collection, use, and storage of personaldata. Do not provide personal data about others unless you are authorized orrequired to do so by contract or applicable law. You may provide personal dataon 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 andany applicable supplemental privacy notice and obtained their explicit consent.We may ask you to provide evidence of that notice and consent.
5. OurIntellectual Property Rights
The Complete Site (as defined in Section 9 below), excluding Yourcontent and inclusive of names, logos, trademarks and service marks(collectively, “Marks”), any and allrelated or underlying technology, and any modifications,enhancements or derivative works of the foregoing, are the property of monday.comFoundation and its licensors, and may be protected byapplicable copyright or other intellectual property laws and treaties. Allrights not expressly granted to you are reserved. You are not authorized to useany of monday.com Foundation’s Marks without monday.comFoundation’s prior written consent.
6. Feedback;Your License to Us
We hope that you will provide your Feedback (as defined below) sothat we may better support, improve, and pursue our mission. However,you agree that you will not supply Feedback that infringes or violates therights of others, and you hereby grant monday.com Foundation a License (as defined below) to your Feedback. You agreethat 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 Contentthat you provide by using the Site or provide about it, Content or any aspectof our mission or operations, whether provided to us or persons working withus, 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, "Licenseto monday.com Foundation" means anon-exclusive, perpetual, irrevocable, royalty-free, transferable,sub-licensable, worldwide license to monday.com Foundation to exerciseall now or later existing intellectual property rights or other rights of yoursor others in the Feedback, for purposes of supporting monday.comFoundation's purposes (as determined by us in ourdiscretion from time to time) in full or in part and in all possible media (nowknown or later developed). The foregoing rights include (but are not limitedto), the right to display, perform, read (on air or otherwise), and publish inpublic or private sites, newspapers or other media, brochures, reports, and so on, all or part of the Feedback and any otherinformation that you provide through or relating to our Site or the Content.
7. YourReference
You acknowledge and accept that we have the right to use your nameand logo for marketing purposes,on the Site, marketing materials or otherwise by public announcements. You mayrevoke such right at any time by contacting us via this form.
8. Indemnification
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 inconnection with any claim, damage or loss related to or arising out of: theContent, use of the Site, any assistance, consultation or services provided byus or Third Parties in relation to the Site, any alleged unauthorized useof the Site, or any breach or alleged breach by you of these Terms. You agreeto cooperate fully in the defense of any of the foregoing. We reserve theright, at our own expense, to control exclusively the defense of any matterotherwise subject to indemnification by you and you will not settle any matterwithout our consent in a non-electronic record. Your obligation toindemnify, defend and hold harmless shall be limited to the extent that you areafforded sovereign immunity under applicable federal, state or locallaws. In such cases where your obligation to indemnify may be limited dueto the requirements of federal, state or local laws, you shall be responsiblefor the ordinary negligent acts and omissions of your agents and employeescausing harm to persons not a party to these Terms.
9. NOWARRANTIES, CONDITIONS OR OTHER DUTIES
THE SITE AND ALL CONTENT (regardless of who generates it), SITEFUNCTIONALITY, ASSISTANCE, CONSULTATION, SERVICES AND ANY VOLUNTEER WORKPROVIDED 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) OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OFWORKMANLIKE 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 HARMFULCODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLECONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT ISSUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONSOR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTEDUNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRD PARTIES OF TITLEOR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THECOMPLETE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANYCONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANYRESULTING 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 IMPLIEDWARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND THEREFORE, TO THE LEAST EXTENTAS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHERDAMAGES
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 ORANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OFREPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTYOF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHERSIMILAR 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 THEPOSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDINGNEGLIGENCE) 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 AGGREGATEDAMAGES 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 COMPLETESITE, 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 TERMSARE INDEPENDENT AND WILL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFLIABILITY 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.
12. Linked Sites
Our Site may contain links to websites of third parties. Weprovide these links as a convenience, but do not endorse the linked site oranything on it. While their information, products and services may be helpful to you, they are independententities and we do not control or endorse them. You agree that any visits tolinked 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 ourSite from your website, blog or similar application, without obtaining priorwritten permission from us.
13. Amendments
You agree that from time to time we may alter (including adding oreliminating all or parts of provisions) these Terms, including but not limitedto the Privacy Notice ("Amendments").Amended versions of these Terms will take effect on the date specified for theamended version ("Effective Date")and will apply to all information that was collected before or after theEffective Date, including information in databases. You have no continuingright to use the Site, and each time you visit you will be subject to theversion of the Terms in effect on your visit. Those terms will change from timeto time and the changes will be effective when they appear in a replacementversion of these Terms as posted by us on the Site. No other Amendments will bevalid unless they are in a paper writing signed by us and by you.
Each time you return to the Site, you are responsible for checkingthe Effective Date of the then-posted version of these Terms – if it islater than the date of the version last reviewed, the Terms have been changedand the new version should be reviewed before using the Site. USE OF THE SITEAFTER 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 ANDCEASE 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 ofthe State of Israel, without regard to its choice of law provisions, exceptwhere 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 localjurisdiction. You hereby consent to the exclusive jurisdiction of thecompetent courts of Tel-Aviv-Jaffa, Israel, except to the extent you areprohibited from doing so by a Mandate.
15. Notices
We shall use your contact details that we have in our records, inconnection with providing you notices. Our contact details for any noticesare detailed below. You acknowledge that notices that we provide you, inconnection with these Terms and/or as otherwise related to the Site, shallbe provided as follows: By posting on the Site, text, e-mail, phone or firstclass, airmail, or overnight courier. You further acknowledge that anelectronic notification satisfies any applicable legalnotification requirements, including that such notification will be inwriting. 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 YitzhakSadeh St., Tel Aviv, 6777506, Israel.
16. Termination or Cancellation; No ContinuingRights
You have no continuing right to use the Site and we may deny orsuspend access, or terminate or cancel these Terms with or without cause and atany time and without prior notice. This is so even if you elect to storedocuments on this site such as a draft of an application form, so make your owncopies of anything to which you want to ensure access. We may give notice oftermination or cancellation in the same way that we may provide other notices.
Termination or cancellation will not eliminate the survivingprovisions of these Terms (see "Entire Agreement; Miscellaneous") andyou will still be liable for obligations incurred before these Terms or accessended.
17. Entire Agreement; Miscellaneous
These Terms, including the Privacy Notice, Amendments and any:(a) notices, terms and items incorporated into any of them; (b) additionalterms and conditions contained on the Site for particular activities orContent; and (c) our disclosures and your consents provided on or in connectionwith the Site or any Content, service or other activity; constitute the entireagreement between you and monday.com Foundationregarding 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 competentjurisdiction to be invalid, its remaining provisions will remain in full forceand effect, provided that the allocation of risks described herein is giveneffect to the fullest extent possible. The foregoing does not impair theenforceability of additional agreements you enter into.
Our failure to act with respect to a breach by you does not waiveour right to act with respect to subsequent or similar breaches. Time is of theessence of the Entire Agreement and there are no third-party beneficiaries ofit. The terms of Sections 3 and 4, 6 through 11, and 14 through 17, and ourrights under the Privacy Noticewill 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 herebyinstruct you to do so. You may not assign these Terms or any of your rights orobligations under these Terms without our prior written consent.