Monday Hero Terms of Service

Effective Date: 21 November 2019 Welcome to Monday Hero. Monday Hero Yazılım Sistemleri A.Ş. (“Monday Hero”)’s, website located at www.mondayhero.io (the “Site”). Monday Hero is located at Hırka-i Şerif Mah. Akseki Camii Sok. No:21-23/4 Fatih, İstanbul. Monday Hero Terms of Service is between people who created an account through Site(‘Users’) and Monday Hero. To make these Terms easier to read, the Site and our services are collectively called the “Services”. Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://mondayhero.io/privacy) (“Privacy Policy”) carefully because they govern your use of our Site and our developer tool and services accessible via our Site.

1. Agreement to these Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

2. Privacy Policy

For information on how we collect, use and disclose information from our users, please refer to our Privacy Policy www.mondayhero.io/privacy. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

3. Description of Services

Monday Hero provides you the functionality to convert your design documents into mobile code by using our Monday Hero macOS-based application (“User Application”). Subject to the restrictions set forth herein and in your Subscription Plan.

4. Use of Services

4.1. You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law.

4.2. In order to use certain features of the Services you must create an account (“Account”) via the Site. Users can do this via the Site through our online registration procedures which we may update from time to time. Access to certain features of the Services will be limited to the number of Users allowed by the subscription plan that User choose from the options provided on the pricing page www.mondayhero.io/pricing (“Subscription Plan”).

4.3. In order to use Site or Services, Users must provide Monday Hero accurate, complete and up-to-date information for your Account and Users agree to update such information to keep it accurate, complete and up-to-date.

4.4. Each user can access to our Services or Site with e-mail adress and password. Users responsible for maintaining the confidentiality of all user identifications and/or passwords. Users solely responsible for any and all activities that occur under their Account. You(Users) will not (and will not allow any Authorized User to) share your username and password with anyone (including any (other) Authorized Users). You agree to immediately notify Monday Hero of any unauthorized use of your Account, any user identification and/or password, or any other breach of security that comes to your knowledge.

4.5. Any comments and suggestions for improvements to Monday Hero is called Feedback. Users can send their Feedback through Monday Hero Mac Application, Site or just emailing at mondayhero.io domained emails. When You(Users) submit a feedback, You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

4.6. You(Users) shall not use Services for illegal or any harmful actions.

4.7. You(Users) shall not, directly or indirectly, and shall not permit any third party to:

4.7.1. reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Services;

4.7.2. modify, translate, or create derivative works based on any element of the Services or any related documentation;

4.7.3. rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use the Services;

4.7.4. use the Services for timesharing or service bureau purposes or otherwise for the benefit of any person or entity other than for your own benefit;

4.7.5. remove any proprietary notices from Monday Hero materials furnished or made available to you;

4.7.6. publish or disclose to third parties any evaluation or benchmarking of the Services without Monday Hero's prior written consent; or

4.7.7. use the Services for any purpose other than its intended purpose. You agree that you will be directly responsible and liable to us for:

4.7.8. ensuring that your Authorized Users agree to, and comply with, our Terms, and any violation of these Terms or applicable law by any Authorized User.

4.8. You(Users) agree not to do any of the following:

4.8.1. Use, display, mirror or frame the Services or any individual element within the Services, Monday Hero’s name, any Monday Hero trademark, logo or other proprietary information without Monday Hero’s express written consent;

4.8.2. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.

5. Content

5.1. “User Content” means any Content that Users provide to be made available through the Services. It can be text, graphics, images, music, software, audio, video, designs, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

5.2. By making any User Content available through the Services you hereby grant to Monday Hero a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, access, process, save, store, modify, create derivative works based upon, distribute, transmit, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

5.3. Monday Hero does not claim any ownership rights in any User Content.

5.4. Monday Hero may monitor your use of the Services and Site. Monday Hero may use data or information related to User content in an aggregate and anonymous manner.

5.5. Monday Hero may make such Aggregate Data publicly available, and use such information to the extent and in the manner it deems fit including without limitation, as required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement, service improvement, and marketing, provided that no such Aggregate Data identifies you or any Authorized User.

5.6. You can remove your User Content by specifically deleting it or deleting your Account. However, in certain instances, some of your User Content that you shared with other Users, may not be completely removed because of sharing. Monday Hero is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

5.7. Monday Hero is not responsible for storing any user content. If any loss or corruption occurs, Monday Hero will not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of any user content.

5.8. Monday Hero respects copyright law and expects its users to do the same. It is Monday Hero’s policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

6. Payments and Subscription

6.1. Monday Hero may provide the Services for free or it may require Users to buy a subscription package. Users can buy subscription based on number of Team Members(Users), number of projects or other criterias that’s presented on the Site.

6.2. When you buy a subscription (“Subscription”), you authorize us(or our third-party payment processor) to charge you for the term of your selected Subscription. Monday Hero can ask you supply additional information for your payment including e-mail address, your credit card number, the expiration date of your credit card and your postal adressess for billing.

6.3. You represent and warrant that you have the right to use the credit card that you entered for the payment. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges).

6.4. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

6.5. If you buy a Subscription, Monday Hero (or our third-party payment processor) will automatically charge you each month or year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Monday Hero.

6.6. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.

6.7. If you increase the number of Team members or Users by changing the number of Users under your Account, you expressly authorize us (or our third party processor) to charge your credit card on file for the pro-rated Subscription Fee corresponding to the additional Authorized Users for the remainder of your Subscription term.

6.8. While completing your purchase if anything unexpected happens, Monday Hero reserve the right to cancel your payment or terminate your access to Services for any reason.

6.9. You may cancel your Subscription at any time by logging and visiting account page.If you cancel, you will not receive a refund of any portion of the subscription fee paid for.

6.10. Your purchase is final and you will not be able to cancel the purchase and/or receive a refund of your subscription fee at any time. If Monday Hero cancel your payment or access to Services, Monday Hero will refund any pro-rated payment you have already remitted to us for such Transaction or access to Services.

7. Termination

Monday Hero may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by logging into Site and visiting account page.

8. Warranty Disclaimers

Monday Hero, Site and the Services are provided ‘AS IS’ without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement and any warranties arising out of course of dealing or usage of trade.

Monday hero make no warranty regarding the quality, accurancy, uninterrupted, timeliness, truthfulness, completeness, secure or error-free basis.

If you install and use an Application that is made available on the Services, Monday Hero makes no warranty that the Application will perform it’s intended function or deliver any expected results, and you acknowledge that you assume all risk arising from use of the Applications/Services.

9. Indemnity

You will indemnify and hold harmless Monday Hero and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms.

10. Limitation of Liability

10.1. NEITHER Monday Hero NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Monday Hero OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10.2. IN NO EVENT WILL Monday Hero’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Monday Hero FOR USE OF THE SERVICES OR CONTENT DURING THE THREE (3) MONTHS PRECEDING THE CLAIM FROM WHICH THE LIABILITY AROSE, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Monday Hero, AS APPLICABLE.

10.3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Monday Hero AND YOU.

11. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by İstanbul Central (Çağlayan) Courts and Execution Offices of Istanbul in Turkey.

12. Dispute Resolution

With respect to the disputes that may arise regarding these Terms primarily the provisions set out herein, if not, the laws of the Republic of Turkey shall be applied. Central (Çağlayan) Courts and Execution Offices of Istanbul shall have jurisdiction in all disputes arising from the execution of these Terms.

13. General Terms

13.1. These Terms constitute the entire and exclusive understanding and agreement between Monday Hero and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Monday Hero and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Monday Hero’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Monday Hero may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

13.2. Any notices or other communications provided by Monday Hero under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

13.3. Monday Hero’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Monday Hero. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

14. Contact Information

If you have any questions about these Terms or the Services, please contact Monday Hero at [email protected]