Last Updated: June 06, 2023
monday AI Beta Terms and Conditions
The monday AI Assistant offers functionalities based on artificial intelligence and machine learning data models which are currently offered to you by monday.com as a Pre-Released Service (“monday AI”). Additional AI functionalities may be offered to you by Third Parties as Third Party Services. Please read carefully these monday AI BetaTerms and Conditions (“monday AI Terms”), and don’t accept the monday AI Terms, install or use monday AI if you don’t agree to be bound by these monday AI Terms.
- By accepting these monday AI Terms or by using monday AI you agree and acknowledge that (i) you are not relying on any representation or statement other than as expressly set forth in these monday AI Terms; (ii) you accept and acknowledge that you read, understand, and agree to these monday AI Terms; and (iii) you have full legal authority to enter into these monday AI Terms.
- Governing Terms. These monday AI Terms together with the monday.com Terms of Service, incorporated herein by reference, govern use of monday AI . Capitalized terms not otherwise defined herein, shall have the meaning ascribed to them in the monday.com Terms of Service. In case of any contradiction between these monday AI Terms and the monday.com Terms of Service, the monday AI Terms shall prevail. In a case where an agreement other than the monday.com Terms of Service had been executed between You and monday.com for the provision of the monday.com Service, such agreement shall not be in effect with regards to monday AI.
- Nature of monday AI. You may provide input in monday AI functionalities (“Input”) and receive output generated by it, based on the Input (“Output”). monday.com does not use your Input and/or Output to train machine learning data models, and doesn’t allow others to do so. We may collect and use data of your use of, or interaction with, monday AI or monday AI Assistant in accordance with our Terms of Service. Due to the nature of AI functionalities, Output may be incorrect, offensive or otherwise harmful.
- Usage of Input and Output. Your use of monday AI, Input or Output must not (i) violate any applicable law or monday.com Terms of Service; (ii) infringe or violate any third party rights. You acknowledge that due to the nature of machine learning, other Customers and/or Users may use monday AI in a manner which may generate identical or similar Output. We make no representations or warranties with regards to Output, including of ownership thereof. Output which are requested by, or generated for, other Customers or Users are not considered solely your Output.
- Monitoring. monday.com and/or its generative AI related Sub-Processors, may monitor your Inputs and/or Outputs in order to monitor and/or prevent and/or debug abusive, unlawful, harmful or unauthorized uses.
- Usage of Third Party Apps. The Service, including through the monday AI assistant may enable you to use Third Party Apps which provide AI functionalities. Your use of such Third Party Services will be subject to the applicable terms under our Terms of Service.
- Additional Sub-Processor. In addition to Sub-Processors listed under monday.com Sub-Processors page, available at https://monday.com/l/privacy/subsidiaries-and-sub-processors/ data processed in monday AI may also be processed by Microsoft Azure for the purpose of providing generative AI functionality.
- Acceptable Use Policy. You acknowledge and agree that your use of the monday AI is in accordance with our Acceptable Use Policy.
- Disclaimer of Warranties. MONDAY.COM DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING MONDAY AI, ITS FEATURES, FUNCTIONALITIES, OUTPUTS AND/OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MONDAY AI AND/OR THE OUTPUT. USE OF MONDAY AI AND/OR OUTPUT IS MADE AT YOUR OWN RISK. MONDAY AI IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ״AS AVAILABLE״, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED AND MONDAY.COM EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, COMPLETENESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY AND PERFORMANCE AND/OR. MONDAY.COM DO NOT WARRANT OR REPRESENT THAT MONDAY AI AND/OR THE OUTPUT WILL BE UNINTERRUPTED, ERROR OR BUG FREE, NON-OFFENSIVE, NON-INFRINGING, LAWFUL OR APPROPRIATE.
- Indemnification. Our indemnity obligation under Section 16.2 shall not apply in connection with monday AI.
- LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THESE MONDAY AITERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL MONDAY.COM, ITS AFFILIATES AND THIRD-PARTY PROVIDERS BE LIABLE FOR: (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, BUSINESS, OR ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, INTELLECTUAL PROPERTY, REPUTATION, REVENUE OR GOODWILL; (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS; AND/OR (V) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THESE MONDAY AI TERMS SHALL APPLY: (I) EVEN IF MONDAY.COM, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT). IN ANY EVENT, MONDAY.COM’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES UNDER THESE MONDAY AI TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS.
- Intellectual Property. monday.com owns all right, title and interest in and to monday AI and in any and all intellectual property rights therein, including but not limited to, any and all copyrights, patents, trade secrets, trademarks and other intangible rights therein. You may not modify, distribute, prepare derivative works, reverse engineer or otherwise attempt to decipher any aspect of the monday AI.
- Term and Termination. You may access and use monday AI subject to your compliance with these monday AI Terms. monday.com may modify these monday AITerms, terminate monday AI, or any part thereof, at its sole discretion and without liability to you.
- Pricing. monday AI is currently offered at no cost, and may be subject to payment in the future.
- Survival. Sections 2 through 12 will survive expiration or termination of these monday AI Terms.