Terms of Service
SuperSales Global Pte. Ltd. (“Monolith” / “We” / “Us”) OWNS AND OPERATES THE MONOLITH SOFTWARE-AS-A-SERVICE AND THE WEBSITE LOCATED AT WWW.GETMONOLITH.COM (THE “WEBSITE”). THESE TERMS OF SERVICE APPLY TO ALL INDIVIDUALS WHO USE THE SERVICE, WEBSITE OR THE SERVICES, AS DEFINED BELOW (“USERS”) (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE OR SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE SERVICE, WEBSITE OR ANY CONTENT OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY MONOLITH FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE SERVICE, WEBSITE, OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
IN ORDER TO USE THE WEBSITE, SERVICE AND SERVICES (DEFINED BELOW), YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE MONOLITH WEBSITE OR SERVICES
1. SERVICES
1.1 Service. Monolith is the owner of the Monolith Insights software-as-service and Monolith Slack Bot (the “Service”) which allows individuals to engage with others for one-on-one meetings, team meetings, feedback, goal-setting, recognition and related activities, including integration with third-party workplace software (the “Services”).
1.2 Users. The Services are available to end-user employees or contractors (“Employees”) (i) whose employer or organization (“Organization”) has entered into a Master Services Agreement with Monolith; or (ii) who have signed up for the Services individually without an Organization. Monolith may also make some aspects of the service and Services available for free. By using the Services in any manner as an Employee, you represent and warrant to Monolith that you are permitted to do so by your Organization and not in breach of any Organization policy.
1.3 Third-Party Services. Your use of any third-party software, tools or integrations with the Services, including but not limited to Google or Slack will require you to agree to the terms of service and privacy policy of any such third-party.
2. CREDENTIALS
2.1 Credentials. To use the basic service, you may not register or log in. However, for some functionality, you may need to log in to your Google account. You can login using your Google account credentials (depending on which you used to sign up). In the future, we may add further login mechanisms including one to allow for login using an email/password combination. You are responsible for all activity occurring on your Account, so please select a strong password for your Google accounts and if applicable, your password for Monolith (should that login mechanism be offered for using the Services). Please keep your password (as applicable) secure, and do not share it with any other individual. We will not be liable for any damages caused by virtue of the compromise of your Account or password, including any unauthorized access to your Account or use of your Account or any information contained therein. Please contact us immediately if you suspect or become aware of any unauthorized use of your Account or any other breach of security.
3. USER CONTENT
3.1 Responsibility. All information, data, text, software, sound, images, graphics, messages or other materials, including personal information (“User Content”) transmitted to the Service by Users is the sole responsibility of Users. This means that the User, and not Monolith, is entirely responsible for all such material uploaded, transmitted or otherwise made available by using the Service and Services. Users are solely responsible for obtaining all necessary consents and making all necessary disclosures required in connection with any and all User content. Monolith does not control User Content uploaded to the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Monolith be liable in any way for any User Content, including, but not limited to, any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, uploaded, transmitted or otherwise made available on the Service.
4. USER RESPONSIBILITIES AND RESTRICTIONS
You are responsible for all activity occurring on your Account and for compliance with this Agreement. Without limiting the generality of the foregoing, You agree that You will not:
• Use the Service other than as permitted by this Agreement;
• Share your login information with any individual;
• Use the Service to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this Agreement;
• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party;
• Use the Service to upload, collect, transmit, store, use or process any patient information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You do not have the consent or permission from the owner of any personal health information and/or any other personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
• Use the Service to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
• Continue to use the Service in a manner that interferes with or disrupts the integrity or performance of the Service following notice from Monolith of such use;
• Attempt to gain unauthorized access to the Service or its related systems or networks;
• Use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Service;
• Use any data mining, robots or similar data gathering or extraction methods;
• Access the Service for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service; or
• Copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise attempt to discover any source code or modify the Service, except as expressly provided for in this Agreement.
Monolith reserves, the right to terminate, limit or suspend User access to the Service for any User breach of these restrictions or any other violation of any other term of this Agreement.
5. LICENSE TO USER CONTENT
5.1 User Content. Except for the material that We license to you pursuant to Section 6 of this Agreement, Monolith does not claim ownership of any of the materials or User Content created, transmitted, uploaded, stored or otherwise made available on the Service by You through your use of the Services. You hereby grant to Monolith a limited license to collect and store User Content for the purpose of providing the Services. You further grant Monolith a perpetual, irrevocable, and unlimited license to use, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect to Service use and other Services and User parameters and characteristics in accordance with the Monolith Privacy Policy.
5.2 Feedback. If You provide Monolith with any suggestions, comments or other feedback (“Feedback”) relating to the website, Monolith may use such Feedback in the website or in any other Monolith products or services (collectively, “Monolith Offerings”). Accordingly, You agree that: (a) Monolith is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Monolith, (c) Monolith (including all of its successors and assigns and any successors and assigns of any of the Monolith Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Monolith Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Monolith or any of the other users of the Website or Service.
5.3 Data. As Monolith you and Monolith, you exclusively own all rights, titles and interest in and to all of your data and User Content. Monolith shall only access your Account, including Your Data, to respond to service or technical problems or as necessary for the operation of the Service or billing. You hereby grant Monolith and its affiliates a non-exclusive, irrevocable, perpetual, sub-licensable, transferable license to use, copy and otherwise exploit your data and User Content as reasonably required to provide the Services. The foregoing license shall include the right for Monolith to use, copy and otherwise exploit your data and User Content for the purpose of creating Anonymous Service Data. Monolith shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and you hereby assign, transfer and convey to Monolith any ownership interest you may have in any Anonymous Service Data. In addition, you agree that your Organization will have access to all User Content and your data in accordance with our Privacy Policy and the privacy practices of your Organization.
6. INTELLECTUAL PROPERTY; MONOLITH LICENSE
6.1 End User License. The Website, Service, Services and the information and materials contained therein (except for information and material provided by Users of the Services), are the property of Monolith and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these TERMS OF SERVICE, we grant you a non-transferable, non-exclusive, license to use the Website and Service for your individual use, and not for the use of any other person or individual. Nothing in the TERMS OF SERVICE gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the Services under without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Service. Any future release, update, or other addition to functionality of the Website, Service and Services shall be subject to the terms of these TERMS OF SERVICE.
6.2 Evaluation License Grant. If You register for a free trial of the Service, then, subject to these Terms, Monolith grants You a limited, personal, non-transferable, non-sub-licensable, internal license to use the Service for non-production, evaluation purposes during the applicable Trial Period. For the purposes of these Terms, “Trial Period” means the time starting from Your registration to use a free trial of the Service until the earlier of (i) the end of the free trial period for which You registered (which trial period shall be thirty (30) days unless otherwise stated on the registration page for the free trial version of the Service), or (ii) the start date of any paid subscription for the Service ordered by You. You will not be entitled to receive any support from Monolith for Your use of a free, trial subscription for the Service. Monolith may terminate the Trial Period for any free trial of the Service at any time in Monolith’s sole discretion and may accept or decline any request for a free trial version of the Service in Monolith’s sole discretion. ANY DATA YOU ENTER INTO THE FREE TRIAL VERSION OF THE SERVICE AND ANY CUSTOMIZATIONS YOU MAKE TO THE FREE TRIAL VERSION OF THE SERVICE WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SERVICE. YOUR DATA CANNOT BE EXPORTED FROM THE FREE TRIAL VERSION OF THE SERVICE. NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, ACCESS TO THE FREE TRIAL VERSION OF THE SERVICE IS ON AN “AS-IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. Additional terms and conditions applicable to the free trial version of the Service may appear on the applicable registration page. Any such additional terms and conditions are incorporated into these Terms by reference.
7. TERM; TERMINATION
7.1 Term. This Agreement will commence on the date it is entered into by You (“Effective Date”) and continue unless and until the Agreement is terminated in accordance herein. If your Organization’s subscription to the Service or Services is terminated, you agree that this Agreement shall be terminated and you will no longer have access to the Service.
7.2 Termination by Monolith. Monolith retains the right to terminate this Agreement and/or your ability to access the Service and Services at any time without notice to You if any of the following occur: (i) material breaches or violations of these TERMS OF SERVICE; (ii) request by law enforcement or other government agencies; (iii) discontinuance or material modification to the Website and/or Service and Services (or any part thereof); (iv) unexpected technical, security or legal issues or problems, and/or participation by You, directly or indirectly, in fraudulent or illegal activities (including, but not limited to falsification of your credentials).
7.3 Employee Departure. If an Employee User ceases to work for the Organization, the Employee User’s access to the Service and Services shall be terminated immediately.
7.4 Effect of Termination. In the event of Termination by either Party, Monolith reserves the right to delete any information in the User Account that it is not required by law to retain.
8. IMPORTANT DISCLAIMERS
8.1 Information Disclaimer. Any information or materials provided by the Website, Service and Services, including analytics, are for information purposes only. There is no guarantee that any of the information provided by the Website or Service will be applicable to you and Monolith does not make any representations or warranties about the effectiveness of any of the information and materials provided by the Website, Service or Services. Monolith expressly disclaims any and all liability or responsibility for any loss, harm, injury to person or property, illness, damage or any other claim arising as a result of User reliance on the information and material provided by the Website, Service and Services.
8.2 Internet Security Disclaimer. You understand that the transmission of User Content is necessary to use the Services. Therefore, You expressly consent to Monolith’s storage of User Content, which will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Monolith. Monolith is committed to protecting your privacy and we have safeguards in place that comply with Federal and Provincial laws, rules and regulations relative to storing personal information; however, You acknowledge and understand that User Content may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, or other electronic means. Monolith is not responsible for any User Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by Monolith, including, the Internet and your local network. You agree that Monolith is not in any way responsible for any interference with Your use of or access to the Services or security breaches arising from or attributable to the Internet and You waive any and all claims against Monolith in connection therewith.
8.3 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, Monolith DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Monolith SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Monolith DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Monolith SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Monolith BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL ServiceLY EVEN IF Monolith HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Monolith’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO Monolith IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST Monolith (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE ServiceLICABLE JURISDICTION.
10. INDEMNIFICATION
YOU SHALL INDEMNIFY, DEFEND AND HOLD Monolith AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY), OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAWS, RULES AND REGULATIONS GOVERNING THE COLLECTION, ACCESS, USE, DISCLOSURE AND STORAGE OF PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY CONSENT REQUIREMENTS THEREIN.
11. THIRD PARTY CONTENT
This Website may contain links to other websites that are not owned or controlled by Monolith. Monolith is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any non-Monolith websites does not imply that Monolith endorses or accepts any responsibility for the content or use of such websites, and You hereby release Monolith from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
12. GENERAL
12.1 Enforcement of Terms and Conditions. If any part of these TERMS OF SERVICE is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Monolith to exercise or enforce any right or provision under these TERMS OF SERVICE shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Monolith must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Monolith of any provision of these TERMS OF SERVICE shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.
12.2 Assignment. You may not assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Monolith’ prior written consent. Monolith may assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, at any time without notice.
12.3 Survival. In addition to Sections 5, 6, 7, 8, 9, 10, 12.1, 12.3, 12.4, and 12.5 all representations, warranties and conditions made by You in these TERMS OF SERVICE shall survive the termination of these TERMS OF SERVICE. Unless otherwise explicitly identified as terminating elsewhere in these TERMS OF SERVICE, all licenses granted by You in these TERMS OF SERVICE shall survive their termination. All payment obligations incurred by You prior to the termination of these TERMS OF SERVICE shall survive their termination.
12.4 Entire Agreement. These TERMS OF SERVICE, together with any privacy policy that may be published on the website, constitute the entire agreement Monolith the parties relating to the website and all related activities. These TERMS OF SERVICE shall not be modified except in writing signed by both parties or by a new posting of these TERMS OF SERVICE issued by Monolith.
12.5 Choice of Law. This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Ottawa, Ontario.
12.6 English Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais
12.7 Contact. If you have any questions about these TERMS OF SERVICE or if you wish to make any complaint or claim with respect to the Website, service or Services please contact us at info@getmonolith.com.
These terms and conditions are effective as of 2022-02-16.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at info@getmonolith.com.
Terms of Service
SuperSales Global Pte. Ltd. (“Monolith” / “We” / “Us”) OWNS AND OPERATES THE MONOLITH SOFTWARE-AS-A-SERVICE AND THE WEBSITE LOCATED AT WWW.GETMONOLITH.COM (THE “WEBSITE”). THESE TERMS OF SERVICE APPLY TO ALL INDIVIDUALS WHO USE THE SERVICE, WEBSITE OR THE SERVICES, AS DEFINED BELOW (“USERS”) (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE OR SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE SERVICE, WEBSITE OR ANY CONTENT OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY MONOLITH FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE SERVICE, WEBSITE, OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
IN ORDER TO USE THE WEBSITE, SERVICE AND SERVICES (DEFINED BELOW), YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE MONOLITH WEBSITE OR SERVICES
1. SERVICES
1.1 Service. Monolith is the owner of the Monolith Insights software-as-service and Monolith Slack Bot (the “Service”) which allows individuals to engage with others for one-on-one meetings, team meetings, feedback, goal-setting, recognition and related activities, including integration with third-party workplace software (the “Services”).
1.2 Users. The Services are available to end-user employees or contractors (“Employees”) (i) whose employer or organization (“Organization”) has entered into a Master Services Agreement with Monolith; or (ii) who have signed up for the Services individually without an Organization. Monolith may also make some aspects of the service and Services available for free. By using the Services in any manner as an Employee, you represent and warrant to Monolith that you are permitted to do so by your Organization and not in breach of any Organization policy.
1.3 Third-Party Services. Your use of any third-party software, tools or integrations with the Services, including but not limited to Google or Slack will require you to agree to the terms of service and privacy policy of any such third-party.
2. CREDENTIALS
2.1 Credentials. To use the basic service, you may not register or log in. However, for some functionality, you may need to log in to your Google account. You can login using your Google account credentials (depending on which you used to sign up). In the future, we may add further login mechanisms including one to allow for login using an email/password combination. You are responsible for all activity occurring on your Account, so please select a strong password for your Google accounts and if applicable, your password for Monolith (should that login mechanism be offered for using the Services). Please keep your password (as applicable) secure, and do not share it with any other individual. We will not be liable for any damages caused by virtue of the compromise of your Account or password, including any unauthorized access to your Account or use of your Account or any information contained therein. Please contact us immediately if you suspect or become aware of any unauthorized use of your Account or any other breach of security.
3. USER CONTENT
3.1 Responsibility. All information, data, text, software, sound, images, graphics, messages or other materials, including personal information (“User Content”) transmitted to the Service by Users is the sole responsibility of Users. This means that the User, and not Monolith, is entirely responsible for all such material uploaded, transmitted or otherwise made available by using the Service and Services. Users are solely responsible for obtaining all necessary consents and making all necessary disclosures required in connection with any and all User content. Monolith does not control User Content uploaded to the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Monolith be liable in any way for any User Content, including, but not limited to, any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, uploaded, transmitted or otherwise made available on the Service.
4. USER RESPONSIBILITIES AND RESTRICTIONS
You are responsible for all activity occurring on your Account and for compliance with this Agreement. Without limiting the generality of the foregoing, You agree that You will not:
• Use the Service other than as permitted by this Agreement;
• Share your login information with any individual;
• Use the Service to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this Agreement;
• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party;
• Use the Service to upload, collect, transmit, store, use or process any patient information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You do not have the consent or permission from the owner of any personal health information and/or any other personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
• Use the Service to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
• Continue to use the Service in a manner that interferes with or disrupts the integrity or performance of the Service following notice from Monolith of such use;
• Attempt to gain unauthorized access to the Service or its related systems or networks;
• Use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Service;
• Use any data mining, robots or similar data gathering or extraction methods;
• Access the Service for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service; or
• Copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise attempt to discover any source code or modify the Service, except as expressly provided for in this Agreement.
Monolith reserves, the right to terminate, limit or suspend User access to the Service for any User breach of these restrictions or any other violation of any other term of this Agreement.
5. LICENSE TO USER CONTENT
5.1 User Content. Except for the material that We license to you pursuant to Section 6 of this Agreement, Monolith does not claim ownership of any of the materials or User Content created, transmitted, uploaded, stored or otherwise made available on the Service by You through your use of the Services. You hereby grant to Monolith a limited license to collect and store User Content for the purpose of providing the Services. You further grant Monolith a perpetual, irrevocable, and unlimited license to use, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect to Service use and other Services and User parameters and characteristics in accordance with the Monolith Privacy Policy.
5.2 Feedback. If You provide Monolith with any suggestions, comments or other feedback (“Feedback”) relating to the website, Monolith may use such Feedback in the website or in any other Monolith products or services (collectively, “Monolith Offerings”). Accordingly, You agree that: (a) Monolith is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Monolith, (c) Monolith (including all of its successors and assigns and any successors and assigns of any of the Monolith Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Monolith Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Monolith or any of the other users of the Website or Service.
5.3 Data. As Monolith you and Monolith, you exclusively own all rights, titles and interest in and to all of your data and User Content. Monolith shall only access your Account, including Your Data, to respond to service or technical problems or as necessary for the operation of the Service or billing. You hereby grant Monolith and its affiliates a non-exclusive, irrevocable, perpetual, sub-licensable, transferable license to use, copy and otherwise exploit your data and User Content as reasonably required to provide the Services. The foregoing license shall include the right for Monolith to use, copy and otherwise exploit your data and User Content for the purpose of creating Anonymous Service Data. Monolith shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and you hereby assign, transfer and convey to Monolith any ownership interest you may have in any Anonymous Service Data. In addition, you agree that your Organization will have access to all User Content and your data in accordance with our Privacy Policy and the privacy practices of your Organization.
6. INTELLECTUAL PROPERTY; MONOLITH LICENSE
6.1 End User License. The Website, Service, Services and the information and materials contained therein (except for information and material provided by Users of the Services), are the property of Monolith and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these TERMS OF SERVICE, we grant you a non-transferable, non-exclusive, license to use the Website and Service for your individual use, and not for the use of any other person or individual. Nothing in the TERMS OF SERVICE gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the Services under without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Service. Any future release, update, or other addition to functionality of the Website, Service and Services shall be subject to the terms of these TERMS OF SERVICE.
6.2 Evaluation License Grant. If You register for a free trial of the Service, then, subject to these Terms, Monolith grants You a limited, personal, non-transferable, non-sub-licensable, internal license to use the Service for non-production, evaluation purposes during the applicable Trial Period. For the purposes of these Terms, “Trial Period” means the time starting from Your registration to use a free trial of the Service until the earlier of (i) the end of the free trial period for which You registered (which trial period shall be thirty (30) days unless otherwise stated on the registration page for the free trial version of the Service), or (ii) the start date of any paid subscription for the Service ordered by You. You will not be entitled to receive any support from Monolith for Your use of a free, trial subscription for the Service. Monolith may terminate the Trial Period for any free trial of the Service at any time in Monolith’s sole discretion and may accept or decline any request for a free trial version of the Service in Monolith’s sole discretion. ANY DATA YOU ENTER INTO THE FREE TRIAL VERSION OF THE SERVICE AND ANY CUSTOMIZATIONS YOU MAKE TO THE FREE TRIAL VERSION OF THE SERVICE WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SERVICE. YOUR DATA CANNOT BE EXPORTED FROM THE FREE TRIAL VERSION OF THE SERVICE. NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, ACCESS TO THE FREE TRIAL VERSION OF THE SERVICE IS ON AN “AS-IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. Additional terms and conditions applicable to the free trial version of the Service may appear on the applicable registration page. Any such additional terms and conditions are incorporated into these Terms by reference.
7. TERM; TERMINATION
7.1 Term. This Agreement will commence on the date it is entered into by You (“Effective Date”) and continue unless and until the Agreement is terminated in accordance herein. If your Organization’s subscription to the Service or Services is terminated, you agree that this Agreement shall be terminated and you will no longer have access to the Service.
7.2 Termination by Monolith. Monolith retains the right to terminate this Agreement and/or your ability to access the Service and Services at any time without notice to You if any of the following occur: (i) material breaches or violations of these TERMS OF SERVICE; (ii) request by law enforcement or other government agencies; (iii) discontinuance or material modification to the Website and/or Service and Services (or any part thereof); (iv) unexpected technical, security or legal issues or problems, and/or participation by You, directly or indirectly, in fraudulent or illegal activities (including, but not limited to falsification of your credentials).
7.3 Employee Departure. If an Employee User ceases to work for the Organization, the Employee User’s access to the Service and Services shall be terminated immediately.
7.4 Effect of Termination. In the event of Termination by either Party, Monolith reserves the right to delete any information in the User Account that it is not required by law to retain.
8. IMPORTANT DISCLAIMERS
8.1 Information Disclaimer. Any information or materials provided by the Website, Service and Services, including analytics, are for information purposes only. There is no guarantee that any of the information provided by the Website or Service will be applicable to you and Monolith does not make any representations or warranties about the effectiveness of any of the information and materials provided by the Website, Service or Services. Monolith expressly disclaims any and all liability or responsibility for any loss, harm, injury to person or property, illness, damage or any other claim arising as a result of User reliance on the information and material provided by the Website, Service and Services.
8.2 Internet Security Disclaimer. You understand that the transmission of User Content is necessary to use the Services. Therefore, You expressly consent to Monolith’s storage of User Content, which will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Monolith. Monolith is committed to protecting your privacy and we have safeguards in place that comply with Federal and Provincial laws, rules and regulations relative to storing personal information; however, You acknowledge and understand that User Content may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, or other electronic means. Monolith is not responsible for any User Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by Monolith, including, the Internet and your local network. You agree that Monolith is not in any way responsible for any interference with Your use of or access to the Services or security breaches arising from or attributable to the Internet and You waive any and all claims against Monolith in connection therewith.
8.3 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, Monolith DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Monolith SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Monolith DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Monolith SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Monolith BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL ServiceLY EVEN IF Monolith HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Monolith’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO Monolith IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST Monolith (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE ServiceLICABLE JURISDICTION.
10. INDEMNIFICATION
YOU SHALL INDEMNIFY, DEFEND AND HOLD Monolith AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY), OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAWS, RULES AND REGULATIONS GOVERNING THE COLLECTION, ACCESS, USE, DISCLOSURE AND STORAGE OF PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY CONSENT REQUIREMENTS THEREIN.
11. THIRD PARTY CONTENT
This Website may contain links to other websites that are not owned or controlled by Monolith. Monolith is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any non-Monolith websites does not imply that Monolith endorses or accepts any responsibility for the content or use of such websites, and You hereby release Monolith from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
12. GENERAL
12.1 Enforcement of Terms and Conditions. If any part of these TERMS OF SERVICE is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Monolith to exercise or enforce any right or provision under these TERMS OF SERVICE shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Monolith must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Monolith of any provision of these TERMS OF SERVICE shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.
12.2 Assignment. You may not assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Monolith’ prior written consent. Monolith may assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, at any time without notice.
12.3 Survival. In addition to Sections 5, 6, 7, 8, 9, 10, 12.1, 12.3, 12.4, and 12.5 all representations, warranties and conditions made by You in these TERMS OF SERVICE shall survive the termination of these TERMS OF SERVICE. Unless otherwise explicitly identified as terminating elsewhere in these TERMS OF SERVICE, all licenses granted by You in these TERMS OF SERVICE shall survive their termination. All payment obligations incurred by You prior to the termination of these TERMS OF SERVICE shall survive their termination.
12.4 Entire Agreement. These TERMS OF SERVICE, together with any privacy policy that may be published on the website, constitute the entire agreement Monolith the parties relating to the website and all related activities. These TERMS OF SERVICE shall not be modified except in writing signed by both parties or by a new posting of these TERMS OF SERVICE issued by Monolith.
12.5 Choice of Law. This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Ottawa, Ontario.
12.6 English Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais
12.7 Contact. If you have any questions about these TERMS OF SERVICE or if you wish to make any complaint or claim with respect to the Website, service or Services please contact us at info@getmonolith.com.
These terms and conditions are effective as of 2022-02-16.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at info@getmonolith.com.
Terms of Service
SuperSales Global Pte. Ltd. (“Monolith” / “We” / “Us”) OWNS AND OPERATES THE MONOLITH SOFTWARE-AS-A-SERVICE AND THE WEBSITE LOCATED AT WWW.GETMONOLITH.COM (THE “WEBSITE”). THESE TERMS OF SERVICE APPLY TO ALL INDIVIDUALS WHO USE THE SERVICE, WEBSITE OR THE SERVICES, AS DEFINED BELOW (“USERS”) (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE OR SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE SERVICE, WEBSITE OR ANY CONTENT OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY MONOLITH FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE SERVICE, WEBSITE, OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
IN ORDER TO USE THE WEBSITE, SERVICE AND SERVICES (DEFINED BELOW), YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE MONOLITH WEBSITE OR SERVICES
1. SERVICES
1.1 Service. Monolith is the owner of the Monolith Insights software-as-service and Monolith Slack Bot (the “Service”) which allows individuals to engage with others for one-on-one meetings, team meetings, feedback, goal-setting, recognition and related activities, including integration with third-party workplace software (the “Services”).
1.2 Users. The Services are available to end-user employees or contractors (“Employees”) (i) whose employer or organization (“Organization”) has entered into a Master Services Agreement with Monolith; or (ii) who have signed up for the Services individually without an Organization. Monolith may also make some aspects of the service and Services available for free. By using the Services in any manner as an Employee, you represent and warrant to Monolith that you are permitted to do so by your Organization and not in breach of any Organization policy.
1.3 Third-Party Services. Your use of any third-party software, tools or integrations with the Services, including but not limited to Google or Slack will require you to agree to the terms of service and privacy policy of any such third-party.
2. CREDENTIALS
2.1 Credentials. To use the basic service, you may not register or log in. However, for some functionality, you may need to log in to your Google account. You can login using your Google account credentials (depending on which you used to sign up). In the future, we may add further login mechanisms including one to allow for login using an email/password combination. You are responsible for all activity occurring on your Account, so please select a strong password for your Google accounts and if applicable, your password for Monolith (should that login mechanism be offered for using the Services). Please keep your password (as applicable) secure, and do not share it with any other individual. We will not be liable for any damages caused by virtue of the compromise of your Account or password, including any unauthorized access to your Account or use of your Account or any information contained therein. Please contact us immediately if you suspect or become aware of any unauthorized use of your Account or any other breach of security.
3. USER CONTENT
3.1 Responsibility. All information, data, text, software, sound, images, graphics, messages or other materials, including personal information (“User Content”) transmitted to the Service by Users is the sole responsibility of Users. This means that the User, and not Monolith, is entirely responsible for all such material uploaded, transmitted or otherwise made available by using the Service and Services. Users are solely responsible for obtaining all necessary consents and making all necessary disclosures required in connection with any and all User content. Monolith does not control User Content uploaded to the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Monolith be liable in any way for any User Content, including, but not limited to, any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, uploaded, transmitted or otherwise made available on the Service.
4. USER RESPONSIBILITIES AND RESTRICTIONS
You are responsible for all activity occurring on your Account and for compliance with this Agreement. Without limiting the generality of the foregoing, You agree that You will not:
• Use the Service other than as permitted by this Agreement;
• Share your login information with any individual;
• Use the Service to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this Agreement;
• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party;
• Use the Service to upload, collect, transmit, store, use or process any patient information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You do not have the consent or permission from the owner of any personal health information and/or any other personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
• Use the Service to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
• Continue to use the Service in a manner that interferes with or disrupts the integrity or performance of the Service following notice from Monolith of such use;
• Attempt to gain unauthorized access to the Service or its related systems or networks;
• Use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Service;
• Use any data mining, robots or similar data gathering or extraction methods;
• Access the Service for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service; or
• Copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise attempt to discover any source code or modify the Service, except as expressly provided for in this Agreement.
Monolith reserves, the right to terminate, limit or suspend User access to the Service for any User breach of these restrictions or any other violation of any other term of this Agreement.
5. LICENSE TO USER CONTENT
5.1 User Content. Except for the material that We license to you pursuant to Section 6 of this Agreement, Monolith does not claim ownership of any of the materials or User Content created, transmitted, uploaded, stored or otherwise made available on the Service by You through your use of the Services. You hereby grant to Monolith a limited license to collect and store User Content for the purpose of providing the Services. You further grant Monolith a perpetual, irrevocable, and unlimited license to use, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect to Service use and other Services and User parameters and characteristics in accordance with the Monolith Privacy Policy.
5.2 Feedback. If You provide Monolith with any suggestions, comments or other feedback (“Feedback”) relating to the website, Monolith may use such Feedback in the website or in any other Monolith products or services (collectively, “Monolith Offerings”). Accordingly, You agree that: (a) Monolith is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Monolith, (c) Monolith (including all of its successors and assigns and any successors and assigns of any of the Monolith Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Monolith Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Monolith or any of the other users of the Website or Service.
5.3 Data. As Monolith you and Monolith, you exclusively own all rights, titles and interest in and to all of your data and User Content. Monolith shall only access your Account, including Your Data, to respond to service or technical problems or as necessary for the operation of the Service or billing. You hereby grant Monolith and its affiliates a non-exclusive, irrevocable, perpetual, sub-licensable, transferable license to use, copy and otherwise exploit your data and User Content as reasonably required to provide the Services. The foregoing license shall include the right for Monolith to use, copy and otherwise exploit your data and User Content for the purpose of creating Anonymous Service Data. Monolith shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and you hereby assign, transfer and convey to Monolith any ownership interest you may have in any Anonymous Service Data. In addition, you agree that your Organization will have access to all User Content and your data in accordance with our Privacy Policy and the privacy practices of your Organization.
6. INTELLECTUAL PROPERTY; MONOLITH LICENSE
6.1 End User License. The Website, Service, Services and the information and materials contained therein (except for information and material provided by Users of the Services), are the property of Monolith and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these TERMS OF SERVICE, we grant you a non-transferable, non-exclusive, license to use the Website and Service for your individual use, and not for the use of any other person or individual. Nothing in the TERMS OF SERVICE gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the Services under without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Service. Any future release, update, or other addition to functionality of the Website, Service and Services shall be subject to the terms of these TERMS OF SERVICE.
6.2 Evaluation License Grant. If You register for a free trial of the Service, then, subject to these Terms, Monolith grants You a limited, personal, non-transferable, non-sub-licensable, internal license to use the Service for non-production, evaluation purposes during the applicable Trial Period. For the purposes of these Terms, “Trial Period” means the time starting from Your registration to use a free trial of the Service until the earlier of (i) the end of the free trial period for which You registered (which trial period shall be thirty (30) days unless otherwise stated on the registration page for the free trial version of the Service), or (ii) the start date of any paid subscription for the Service ordered by You. You will not be entitled to receive any support from Monolith for Your use of a free, trial subscription for the Service. Monolith may terminate the Trial Period for any free trial of the Service at any time in Monolith’s sole discretion and may accept or decline any request for a free trial version of the Service in Monolith’s sole discretion. ANY DATA YOU ENTER INTO THE FREE TRIAL VERSION OF THE SERVICE AND ANY CUSTOMIZATIONS YOU MAKE TO THE FREE TRIAL VERSION OF THE SERVICE WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SERVICE. YOUR DATA CANNOT BE EXPORTED FROM THE FREE TRIAL VERSION OF THE SERVICE. NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, ACCESS TO THE FREE TRIAL VERSION OF THE SERVICE IS ON AN “AS-IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. Additional terms and conditions applicable to the free trial version of the Service may appear on the applicable registration page. Any such additional terms and conditions are incorporated into these Terms by reference.
7. TERM; TERMINATION
7.1 Term. This Agreement will commence on the date it is entered into by You (“Effective Date”) and continue unless and until the Agreement is terminated in accordance herein. If your Organization’s subscription to the Service or Services is terminated, you agree that this Agreement shall be terminated and you will no longer have access to the Service.
7.2 Termination by Monolith. Monolith retains the right to terminate this Agreement and/or your ability to access the Service and Services at any time without notice to You if any of the following occur: (i) material breaches or violations of these TERMS OF SERVICE; (ii) request by law enforcement or other government agencies; (iii) discontinuance or material modification to the Website and/or Service and Services (or any part thereof); (iv) unexpected technical, security or legal issues or problems, and/or participation by You, directly or indirectly, in fraudulent or illegal activities (including, but not limited to falsification of your credentials).
7.3 Employee Departure. If an Employee User ceases to work for the Organization, the Employee User’s access to the Service and Services shall be terminated immediately.
7.4 Effect of Termination. In the event of Termination by either Party, Monolith reserves the right to delete any information in the User Account that it is not required by law to retain.
8. IMPORTANT DISCLAIMERS
8.1 Information Disclaimer. Any information or materials provided by the Website, Service and Services, including analytics, are for information purposes only. There is no guarantee that any of the information provided by the Website or Service will be applicable to you and Monolith does not make any representations or warranties about the effectiveness of any of the information and materials provided by the Website, Service or Services. Monolith expressly disclaims any and all liability or responsibility for any loss, harm, injury to person or property, illness, damage or any other claim arising as a result of User reliance on the information and material provided by the Website, Service and Services.
8.2 Internet Security Disclaimer. You understand that the transmission of User Content is necessary to use the Services. Therefore, You expressly consent to Monolith’s storage of User Content, which will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Monolith. Monolith is committed to protecting your privacy and we have safeguards in place that comply with Federal and Provincial laws, rules and regulations relative to storing personal information; however, You acknowledge and understand that User Content may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, or other electronic means. Monolith is not responsible for any User Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by Monolith, including, the Internet and your local network. You agree that Monolith is not in any way responsible for any interference with Your use of or access to the Services or security breaches arising from or attributable to the Internet and You waive any and all claims against Monolith in connection therewith.
8.3 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, Monolith DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Monolith SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Monolith DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Monolith SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Monolith BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL ServiceLY EVEN IF Monolith HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Monolith’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO Monolith IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST Monolith (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE ServiceLICABLE JURISDICTION.
10. INDEMNIFICATION
YOU SHALL INDEMNIFY, DEFEND AND HOLD Monolith AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY), OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAWS, RULES AND REGULATIONS GOVERNING THE COLLECTION, ACCESS, USE, DISCLOSURE AND STORAGE OF PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY CONSENT REQUIREMENTS THEREIN.
11. THIRD PARTY CONTENT
This Website may contain links to other websites that are not owned or controlled by Monolith. Monolith is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any non-Monolith websites does not imply that Monolith endorses or accepts any responsibility for the content or use of such websites, and You hereby release Monolith from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
12. GENERAL
12.1 Enforcement of Terms and Conditions. If any part of these TERMS OF SERVICE is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Monolith to exercise or enforce any right or provision under these TERMS OF SERVICE shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Monolith must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Monolith of any provision of these TERMS OF SERVICE shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.
12.2 Assignment. You may not assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Monolith’ prior written consent. Monolith may assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, at any time without notice.
12.3 Survival. In addition to Sections 5, 6, 7, 8, 9, 10, 12.1, 12.3, 12.4, and 12.5 all representations, warranties and conditions made by You in these TERMS OF SERVICE shall survive the termination of these TERMS OF SERVICE. Unless otherwise explicitly identified as terminating elsewhere in these TERMS OF SERVICE, all licenses granted by You in these TERMS OF SERVICE shall survive their termination. All payment obligations incurred by You prior to the termination of these TERMS OF SERVICE shall survive their termination.
12.4 Entire Agreement. These TERMS OF SERVICE, together with any privacy policy that may be published on the website, constitute the entire agreement Monolith the parties relating to the website and all related activities. These TERMS OF SERVICE shall not be modified except in writing signed by both parties or by a new posting of these TERMS OF SERVICE issued by Monolith.
12.5 Choice of Law. This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Ottawa, Ontario.
12.6 English Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais
12.7 Contact. If you have any questions about these TERMS OF SERVICE or if you wish to make any complaint or claim with respect to the Website, service or Services please contact us at info@getmonolith.com.
These terms and conditions are effective as of 2022-02-16.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at info@getmonolith.com.
Terms of Service
SuperSales Global Pte. Ltd. (“Monolith” / “We” / “Us”) OWNS AND OPERATES THE MONOLITH SOFTWARE-AS-A-SERVICE AND THE WEBSITE LOCATED AT WWW.GETMONOLITH.COM (THE “WEBSITE”). THESE TERMS OF SERVICE APPLY TO ALL INDIVIDUALS WHO USE THE SERVICE, WEBSITE OR THE SERVICES, AS DEFINED BELOW (“USERS”) (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE OR SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE SERVICE, WEBSITE OR ANY CONTENT OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY MONOLITH FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE SERVICE, WEBSITE, OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
IN ORDER TO USE THE WEBSITE, SERVICE AND SERVICES (DEFINED BELOW), YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE MONOLITH WEBSITE OR SERVICES
1. SERVICES
1.1 Service. Monolith is the owner of the Monolith Insights software-as-service and Monolith Slack Bot (the “Service”) which allows individuals to engage with others for one-on-one meetings, team meetings, feedback, goal-setting, recognition and related activities, including integration with third-party workplace software (the “Services”).
1.2 Users. The Services are available to end-user employees or contractors (“Employees”) (i) whose employer or organization (“Organization”) has entered into a Master Services Agreement with Monolith; or (ii) who have signed up for the Services individually without an Organization. Monolith may also make some aspects of the service and Services available for free. By using the Services in any manner as an Employee, you represent and warrant to Monolith that you are permitted to do so by your Organization and not in breach of any Organization policy.
1.3 Third-Party Services. Your use of any third-party software, tools or integrations with the Services, including but not limited to Google or Slack will require you to agree to the terms of service and privacy policy of any such third-party.
2. CREDENTIALS
2.1 Credentials. To use the basic service, you may not register or log in. However, for some functionality, you may need to log in to your Google account. You can login using your Google account credentials (depending on which you used to sign up). In the future, we may add further login mechanisms including one to allow for login using an email/password combination. You are responsible for all activity occurring on your Account, so please select a strong password for your Google accounts and if applicable, your password for Monolith (should that login mechanism be offered for using the Services). Please keep your password (as applicable) secure, and do not share it with any other individual. We will not be liable for any damages caused by virtue of the compromise of your Account or password, including any unauthorized access to your Account or use of your Account or any information contained therein. Please contact us immediately if you suspect or become aware of any unauthorized use of your Account or any other breach of security.
3. USER CONTENT
3.1 Responsibility. All information, data, text, software, sound, images, graphics, messages or other materials, including personal information (“User Content”) transmitted to the Service by Users is the sole responsibility of Users. This means that the User, and not Monolith, is entirely responsible for all such material uploaded, transmitted or otherwise made available by using the Service and Services. Users are solely responsible for obtaining all necessary consents and making all necessary disclosures required in connection with any and all User content. Monolith does not control User Content uploaded to the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Monolith be liable in any way for any User Content, including, but not limited to, any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, uploaded, transmitted or otherwise made available on the Service.
4. USER RESPONSIBILITIES AND RESTRICTIONS
You are responsible for all activity occurring on your Account and for compliance with this Agreement. Without limiting the generality of the foregoing, You agree that You will not:
• Use the Service other than as permitted by this Agreement;
• Share your login information with any individual;
• Use the Service to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this Agreement;
• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party;
• Use the Service to upload, collect, transmit, store, use or process any patient information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You do not have the consent or permission from the owner of any personal health information and/or any other personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
• Use the Service to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
• Continue to use the Service in a manner that interferes with or disrupts the integrity or performance of the Service following notice from Monolith of such use;
• Attempt to gain unauthorized access to the Service or its related systems or networks;
• Use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Service;
• Use any data mining, robots or similar data gathering or extraction methods;
• Access the Service for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service; or
• Copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise attempt to discover any source code or modify the Service, except as expressly provided for in this Agreement.
Monolith reserves, the right to terminate, limit or suspend User access to the Service for any User breach of these restrictions or any other violation of any other term of this Agreement.
5. LICENSE TO USER CONTENT
5.1 User Content. Except for the material that We license to you pursuant to Section 6 of this Agreement, Monolith does not claim ownership of any of the materials or User Content created, transmitted, uploaded, stored or otherwise made available on the Service by You through your use of the Services. You hereby grant to Monolith a limited license to collect and store User Content for the purpose of providing the Services. You further grant Monolith a perpetual, irrevocable, and unlimited license to use, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect to Service use and other Services and User parameters and characteristics in accordance with the Monolith Privacy Policy.
5.2 Feedback. If You provide Monolith with any suggestions, comments or other feedback (“Feedback”) relating to the website, Monolith may use such Feedback in the website or in any other Monolith products or services (collectively, “Monolith Offerings”). Accordingly, You agree that: (a) Monolith is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Monolith, (c) Monolith (including all of its successors and assigns and any successors and assigns of any of the Monolith Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Monolith Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Monolith or any of the other users of the Website or Service.
5.3 Data. As Monolith you and Monolith, you exclusively own all rights, titles and interest in and to all of your data and User Content. Monolith shall only access your Account, including Your Data, to respond to service or technical problems or as necessary for the operation of the Service or billing. You hereby grant Monolith and its affiliates a non-exclusive, irrevocable, perpetual, sub-licensable, transferable license to use, copy and otherwise exploit your data and User Content as reasonably required to provide the Services. The foregoing license shall include the right for Monolith to use, copy and otherwise exploit your data and User Content for the purpose of creating Anonymous Service Data. Monolith shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and you hereby assign, transfer and convey to Monolith any ownership interest you may have in any Anonymous Service Data. In addition, you agree that your Organization will have access to all User Content and your data in accordance with our Privacy Policy and the privacy practices of your Organization.
6. INTELLECTUAL PROPERTY; MONOLITH LICENSE
6.1 End User License. The Website, Service, Services and the information and materials contained therein (except for information and material provided by Users of the Services), are the property of Monolith and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these TERMS OF SERVICE, we grant you a non-transferable, non-exclusive, license to use the Website and Service for your individual use, and not for the use of any other person or individual. Nothing in the TERMS OF SERVICE gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the Services under without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Service. Any future release, update, or other addition to functionality of the Website, Service and Services shall be subject to the terms of these TERMS OF SERVICE.
6.2 Evaluation License Grant. If You register for a free trial of the Service, then, subject to these Terms, Monolith grants You a limited, personal, non-transferable, non-sub-licensable, internal license to use the Service for non-production, evaluation purposes during the applicable Trial Period. For the purposes of these Terms, “Trial Period” means the time starting from Your registration to use a free trial of the Service until the earlier of (i) the end of the free trial period for which You registered (which trial period shall be thirty (30) days unless otherwise stated on the registration page for the free trial version of the Service), or (ii) the start date of any paid subscription for the Service ordered by You. You will not be entitled to receive any support from Monolith for Your use of a free, trial subscription for the Service. Monolith may terminate the Trial Period for any free trial of the Service at any time in Monolith’s sole discretion and may accept or decline any request for a free trial version of the Service in Monolith’s sole discretion. ANY DATA YOU ENTER INTO THE FREE TRIAL VERSION OF THE SERVICE AND ANY CUSTOMIZATIONS YOU MAKE TO THE FREE TRIAL VERSION OF THE SERVICE WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SERVICE. YOUR DATA CANNOT BE EXPORTED FROM THE FREE TRIAL VERSION OF THE SERVICE. NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, ACCESS TO THE FREE TRIAL VERSION OF THE SERVICE IS ON AN “AS-IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. Additional terms and conditions applicable to the free trial version of the Service may appear on the applicable registration page. Any such additional terms and conditions are incorporated into these Terms by reference.
7. TERM; TERMINATION
7.1 Term. This Agreement will commence on the date it is entered into by You (“Effective Date”) and continue unless and until the Agreement is terminated in accordance herein. If your Organization’s subscription to the Service or Services is terminated, you agree that this Agreement shall be terminated and you will no longer have access to the Service.
7.2 Termination by Monolith. Monolith retains the right to terminate this Agreement and/or your ability to access the Service and Services at any time without notice to You if any of the following occur: (i) material breaches or violations of these TERMS OF SERVICE; (ii) request by law enforcement or other government agencies; (iii) discontinuance or material modification to the Website and/or Service and Services (or any part thereof); (iv) unexpected technical, security or legal issues or problems, and/or participation by You, directly or indirectly, in fraudulent or illegal activities (including, but not limited to falsification of your credentials).
7.3 Employee Departure. If an Employee User ceases to work for the Organization, the Employee User’s access to the Service and Services shall be terminated immediately.
7.4 Effect of Termination. In the event of Termination by either Party, Monolith reserves the right to delete any information in the User Account that it is not required by law to retain.
8. IMPORTANT DISCLAIMERS
8.1 Information Disclaimer. Any information or materials provided by the Website, Service and Services, including analytics, are for information purposes only. There is no guarantee that any of the information provided by the Website or Service will be applicable to you and Monolith does not make any representations or warranties about the effectiveness of any of the information and materials provided by the Website, Service or Services. Monolith expressly disclaims any and all liability or responsibility for any loss, harm, injury to person or property, illness, damage or any other claim arising as a result of User reliance on the information and material provided by the Website, Service and Services.
8.2 Internet Security Disclaimer. You understand that the transmission of User Content is necessary to use the Services. Therefore, You expressly consent to Monolith’s storage of User Content, which will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Monolith. Monolith is committed to protecting your privacy and we have safeguards in place that comply with Federal and Provincial laws, rules and regulations relative to storing personal information; however, You acknowledge and understand that User Content may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, or other electronic means. Monolith is not responsible for any User Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by Monolith, including, the Internet and your local network. You agree that Monolith is not in any way responsible for any interference with Your use of or access to the Services or security breaches arising from or attributable to the Internet and You waive any and all claims against Monolith in connection therewith.
8.3 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, Monolith DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Monolith SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Monolith DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Monolith SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Monolith BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL ServiceLY EVEN IF Monolith HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Monolith’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO Monolith IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST Monolith (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE ServiceLICABLE JURISDICTION.
10. INDEMNIFICATION
YOU SHALL INDEMNIFY, DEFEND AND HOLD Monolith AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY), OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAWS, RULES AND REGULATIONS GOVERNING THE COLLECTION, ACCESS, USE, DISCLOSURE AND STORAGE OF PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY CONSENT REQUIREMENTS THEREIN.
11. THIRD PARTY CONTENT
This Website may contain links to other websites that are not owned or controlled by Monolith. Monolith is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any non-Monolith websites does not imply that Monolith endorses or accepts any responsibility for the content or use of such websites, and You hereby release Monolith from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
12. GENERAL
12.1 Enforcement of Terms and Conditions. If any part of these TERMS OF SERVICE is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Monolith to exercise or enforce any right or provision under these TERMS OF SERVICE shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Monolith must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Monolith of any provision of these TERMS OF SERVICE shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.
12.2 Assignment. You may not assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Monolith’ prior written consent. Monolith may assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, at any time without notice.
12.3 Survival. In addition to Sections 5, 6, 7, 8, 9, 10, 12.1, 12.3, 12.4, and 12.5 all representations, warranties and conditions made by You in these TERMS OF SERVICE shall survive the termination of these TERMS OF SERVICE. Unless otherwise explicitly identified as terminating elsewhere in these TERMS OF SERVICE, all licenses granted by You in these TERMS OF SERVICE shall survive their termination. All payment obligations incurred by You prior to the termination of these TERMS OF SERVICE shall survive their termination.
12.4 Entire Agreement. These TERMS OF SERVICE, together with any privacy policy that may be published on the website, constitute the entire agreement Monolith the parties relating to the website and all related activities. These TERMS OF SERVICE shall not be modified except in writing signed by both parties or by a new posting of these TERMS OF SERVICE issued by Monolith.
12.5 Choice of Law. This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Ottawa, Ontario.
12.6 English Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais
12.7 Contact. If you have any questions about these TERMS OF SERVICE or if you wish to make any complaint or claim with respect to the Website, service or Services please contact us at info@getmonolith.com.
These terms and conditions are effective as of 2022-02-16.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at info@getmonolith.com.
Terms of Service
SuperSales Global Pte. Ltd. (“Monolith” / “We” / “Us”) OWNS AND OPERATES THE MONOLITH SOFTWARE-AS-A-SERVICE AND THE WEBSITE LOCATED AT WWW.GETMONOLITH.COM (THE “WEBSITE”). THESE TERMS OF SERVICE APPLY TO ALL INDIVIDUALS WHO USE THE SERVICE, WEBSITE OR THE SERVICES, AS DEFINED BELOW (“USERS”) (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THIS WEBSITE OR SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE SERVICE, WEBSITE OR ANY CONTENT OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY MONOLITH FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE SERVICE, WEBSITE, OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.
IN ORDER TO USE THE WEBSITE, SERVICE AND SERVICES (DEFINED BELOW), YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE MONOLITH WEBSITE OR SERVICES
1. SERVICES
1.1 Service. Monolith is the owner of the Monolith Insights software-as-service and Monolith Slack Bot (the “Service”) which allows individuals to engage with others for one-on-one meetings, team meetings, feedback, goal-setting, recognition and related activities, including integration with third-party workplace software (the “Services”).
1.2 Users. The Services are available to end-user employees or contractors (“Employees”) (i) whose employer or organization (“Organization”) has entered into a Master Services Agreement with Monolith; or (ii) who have signed up for the Services individually without an Organization. Monolith may also make some aspects of the service and Services available for free. By using the Services in any manner as an Employee, you represent and warrant to Monolith that you are permitted to do so by your Organization and not in breach of any Organization policy.
1.3 Third-Party Services. Your use of any third-party software, tools or integrations with the Services, including but not limited to Google or Slack will require you to agree to the terms of service and privacy policy of any such third-party.
2. CREDENTIALS
2.1 Credentials. To use the basic service, you may not register or log in. However, for some functionality, you may need to log in to your Google account. You can login using your Google account credentials (depending on which you used to sign up). In the future, we may add further login mechanisms including one to allow for login using an email/password combination. You are responsible for all activity occurring on your Account, so please select a strong password for your Google accounts and if applicable, your password for Monolith (should that login mechanism be offered for using the Services). Please keep your password (as applicable) secure, and do not share it with any other individual. We will not be liable for any damages caused by virtue of the compromise of your Account or password, including any unauthorized access to your Account or use of your Account or any information contained therein. Please contact us immediately if you suspect or become aware of any unauthorized use of your Account or any other breach of security.
3. USER CONTENT
3.1 Responsibility. All information, data, text, software, sound, images, graphics, messages or other materials, including personal information (“User Content”) transmitted to the Service by Users is the sole responsibility of Users. This means that the User, and not Monolith, is entirely responsible for all such material uploaded, transmitted or otherwise made available by using the Service and Services. Users are solely responsible for obtaining all necessary consents and making all necessary disclosures required in connection with any and all User content. Monolith does not control User Content uploaded to the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Monolith be liable in any way for any User Content, including, but not limited to, any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, uploaded, transmitted or otherwise made available on the Service.
4. USER RESPONSIBILITIES AND RESTRICTIONS
You are responsible for all activity occurring on your Account and for compliance with this Agreement. Without limiting the generality of the foregoing, You agree that You will not:
• Use the Service other than as permitted by this Agreement;
• Share your login information with any individual;
• Use the Service to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this Agreement;
• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party;
• Use the Service to upload, collect, transmit, store, use or process any patient information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You do not have the consent or permission from the owner of any personal health information and/or any other personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
• Use the Service to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
• Continue to use the Service in a manner that interferes with or disrupts the integrity or performance of the Service following notice from Monolith of such use;
• Attempt to gain unauthorized access to the Service or its related systems or networks;
• Use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Service;
• Use any data mining, robots or similar data gathering or extraction methods;
• Access the Service for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Service; or
• Copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise attempt to discover any source code or modify the Service, except as expressly provided for in this Agreement.
Monolith reserves, the right to terminate, limit or suspend User access to the Service for any User breach of these restrictions or any other violation of any other term of this Agreement.
5. LICENSE TO USER CONTENT
5.1 User Content. Except for the material that We license to you pursuant to Section 6 of this Agreement, Monolith does not claim ownership of any of the materials or User Content created, transmitted, uploaded, stored or otherwise made available on the Service by You through your use of the Services. You hereby grant to Monolith a limited license to collect and store User Content for the purpose of providing the Services. You further grant Monolith a perpetual, irrevocable, and unlimited license to use, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect to Service use and other Services and User parameters and characteristics in accordance with the Monolith Privacy Policy.
5.2 Feedback. If You provide Monolith with any suggestions, comments or other feedback (“Feedback”) relating to the website, Monolith may use such Feedback in the website or in any other Monolith products or services (collectively, “Monolith Offerings”). Accordingly, You agree that: (a) Monolith is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Monolith, (c) Monolith (including all of its successors and assigns and any successors and assigns of any of the Monolith Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Monolith Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Monolith or any of the other users of the Website or Service.
5.3 Data. As Monolith you and Monolith, you exclusively own all rights, titles and interest in and to all of your data and User Content. Monolith shall only access your Account, including Your Data, to respond to service or technical problems or as necessary for the operation of the Service or billing. You hereby grant Monolith and its affiliates a non-exclusive, irrevocable, perpetual, sub-licensable, transferable license to use, copy and otherwise exploit your data and User Content as reasonably required to provide the Services. The foregoing license shall include the right for Monolith to use, copy and otherwise exploit your data and User Content for the purpose of creating Anonymous Service Data. Monolith shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and you hereby assign, transfer and convey to Monolith any ownership interest you may have in any Anonymous Service Data. In addition, you agree that your Organization will have access to all User Content and your data in accordance with our Privacy Policy and the privacy practices of your Organization.
6. INTELLECTUAL PROPERTY; MONOLITH LICENSE
6.1 End User License. The Website, Service, Services and the information and materials contained therein (except for information and material provided by Users of the Services), are the property of Monolith and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these TERMS OF SERVICE, we grant you a non-transferable, non-exclusive, license to use the Website and Service for your individual use, and not for the use of any other person or individual. Nothing in the TERMS OF SERVICE gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the Services under without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Service. Any future release, update, or other addition to functionality of the Website, Service and Services shall be subject to the terms of these TERMS OF SERVICE.
6.2 Evaluation License Grant. If You register for a free trial of the Service, then, subject to these Terms, Monolith grants You a limited, personal, non-transferable, non-sub-licensable, internal license to use the Service for non-production, evaluation purposes during the applicable Trial Period. For the purposes of these Terms, “Trial Period” means the time starting from Your registration to use a free trial of the Service until the earlier of (i) the end of the free trial period for which You registered (which trial period shall be thirty (30) days unless otherwise stated on the registration page for the free trial version of the Service), or (ii) the start date of any paid subscription for the Service ordered by You. You will not be entitled to receive any support from Monolith for Your use of a free, trial subscription for the Service. Monolith may terminate the Trial Period for any free trial of the Service at any time in Monolith’s sole discretion and may accept or decline any request for a free trial version of the Service in Monolith’s sole discretion. ANY DATA YOU ENTER INTO THE FREE TRIAL VERSION OF THE SERVICE AND ANY CUSTOMIZATIONS YOU MAKE TO THE FREE TRIAL VERSION OF THE SERVICE WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SERVICE. YOUR DATA CANNOT BE EXPORTED FROM THE FREE TRIAL VERSION OF THE SERVICE. NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, ACCESS TO THE FREE TRIAL VERSION OF THE SERVICE IS ON AN “AS-IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. Additional terms and conditions applicable to the free trial version of the Service may appear on the applicable registration page. Any such additional terms and conditions are incorporated into these Terms by reference.
7. TERM; TERMINATION
7.1 Term. This Agreement will commence on the date it is entered into by You (“Effective Date”) and continue unless and until the Agreement is terminated in accordance herein. If your Organization’s subscription to the Service or Services is terminated, you agree that this Agreement shall be terminated and you will no longer have access to the Service.
7.2 Termination by Monolith. Monolith retains the right to terminate this Agreement and/or your ability to access the Service and Services at any time without notice to You if any of the following occur: (i) material breaches or violations of these TERMS OF SERVICE; (ii) request by law enforcement or other government agencies; (iii) discontinuance or material modification to the Website and/or Service and Services (or any part thereof); (iv) unexpected technical, security or legal issues or problems, and/or participation by You, directly or indirectly, in fraudulent or illegal activities (including, but not limited to falsification of your credentials).
7.3 Employee Departure. If an Employee User ceases to work for the Organization, the Employee User’s access to the Service and Services shall be terminated immediately.
7.4 Effect of Termination. In the event of Termination by either Party, Monolith reserves the right to delete any information in the User Account that it is not required by law to retain.
8. IMPORTANT DISCLAIMERS
8.1 Information Disclaimer. Any information or materials provided by the Website, Service and Services, including analytics, are for information purposes only. There is no guarantee that any of the information provided by the Website or Service will be applicable to you and Monolith does not make any representations or warranties about the effectiveness of any of the information and materials provided by the Website, Service or Services. Monolith expressly disclaims any and all liability or responsibility for any loss, harm, injury to person or property, illness, damage or any other claim arising as a result of User reliance on the information and material provided by the Website, Service and Services.
8.2 Internet Security Disclaimer. You understand that the transmission of User Content is necessary to use the Services. Therefore, You expressly consent to Monolith’s storage of User Content, which will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by Monolith. Monolith is committed to protecting your privacy and we have safeguards in place that comply with Federal and Provincial laws, rules and regulations relative to storing personal information; however, You acknowledge and understand that User Content may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, or other electronic means. Monolith is not responsible for any User Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by Monolith, including, the Internet and your local network. You agree that Monolith is not in any way responsible for any interference with Your use of or access to the Services or security breaches arising from or attributable to the Internet and You waive any and all claims against Monolith in connection therewith.
8.3 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, Monolith DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Monolith SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. Monolith DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND Monolith SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Monolith BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL ServiceLY EVEN IF Monolith HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Monolith’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO Monolith IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST Monolith (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE ServiceLICABLE JURISDICTION.
10. INDEMNIFICATION
YOU SHALL INDEMNIFY, DEFEND AND HOLD Monolith AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY), OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAWS, RULES AND REGULATIONS GOVERNING THE COLLECTION, ACCESS, USE, DISCLOSURE AND STORAGE OF PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY CONSENT REQUIREMENTS THEREIN.
11. THIRD PARTY CONTENT
This Website may contain links to other websites that are not owned or controlled by Monolith. Monolith is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any non-Monolith websites does not imply that Monolith endorses or accepts any responsibility for the content or use of such websites, and You hereby release Monolith from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
12. GENERAL
12.1 Enforcement of Terms and Conditions. If any part of these TERMS OF SERVICE is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Monolith to exercise or enforce any right or provision under these TERMS OF SERVICE shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Monolith must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Monolith of any provision of these TERMS OF SERVICE shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action shall be permanently barred.
12.2 Assignment. You may not assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Monolith’ prior written consent. Monolith may assign the TERMS OF SERVICE, or any rights or licenses granted hereunder, at any time without notice.
12.3 Survival. In addition to Sections 5, 6, 7, 8, 9, 10, 12.1, 12.3, 12.4, and 12.5 all representations, warranties and conditions made by You in these TERMS OF SERVICE shall survive the termination of these TERMS OF SERVICE. Unless otherwise explicitly identified as terminating elsewhere in these TERMS OF SERVICE, all licenses granted by You in these TERMS OF SERVICE shall survive their termination. All payment obligations incurred by You prior to the termination of these TERMS OF SERVICE shall survive their termination.
12.4 Entire Agreement. These TERMS OF SERVICE, together with any privacy policy that may be published on the website, constitute the entire agreement Monolith the parties relating to the website and all related activities. These TERMS OF SERVICE shall not be modified except in writing signed by both parties or by a new posting of these TERMS OF SERVICE issued by Monolith.
12.5 Choice of Law. This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Ottawa, Ontario.
12.6 English Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais
12.7 Contact. If you have any questions about these TERMS OF SERVICE or if you wish to make any complaint or claim with respect to the Website, service or Services please contact us at info@getmonolith.com.
These terms and conditions are effective as of 2022-02-16.
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at info@getmonolith.com.
© SuperSales Global Pte. Ltd. 2023
140 Taylor Str., San Francisco, CA, 94133
© SuperSales Global Pte. Ltd. 2023
140 Taylor Str., San Francisco, CA, 94133