Welcome to monad, a service provided by monad.social, PBC.
By using the Website or any of the Services, and in particular by registering on monad, you are consenting to the use of your personal information in the manner set out in this Privacy Policy.
Like most websites monad, uses cookies. If you choose to use the Platform without blocking or disabling cookies or opting out of these technologies, you will indicate your consent to our use of these cookies and other technologies and to our use of any personal information that we collect using these technologies. If you do not consent to the use of these technologies, please be sure to block or disable them using your browser settings.
If you have any questions or concerns, you can contact us at Info@monad.social
Please note that this Privacy Policy only applies to the Website and the Services (together, the “Platform”). When using the Platform, you may find links to other websites, apps and services, or tools that enable you to share information with other websites, apps and services. monad is not responsible for the privacy practices of these other websites, apps and services and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your monad account or sharing any personal information.
Information We Collect About You
You don’t need to provide us with any personal information in order to visit the Website. However, certain Services do require that you register for monad, and, by doing so, you will provide us with certain personal information:
- Essential Information: When you register on monad, you have the option to provide your email address, or information passed via third-party logins from your provider(s) to monad.
- Information from Correspondence: You will provide certain personal information if you contact us by email, use any of the webforms on the Website, or contact us by mail, fax or other offline means.
- Survey Information: If you participate in any survey, you will provide certain personal information as part of your response, unless you respond anonymously.
Information Provided by You
Information We Collect Automatically
- the Internet Protocol (IP) address of the device from which you access the Platform (this can sometimes be used to derive the country or city from which you are accessing the Platform)
- the site that you visited immediately prior to visiting the Website
- the specific actions that you take on the Platform, including the pages that you visit, drafting and saving campaigns and other specific actions taken to use the Platform.
- any search terms that you may enter on the Website
- the time, frequency and duration of your visits to the Platform
- your browser type and operating system
- the nature of the device from which you are accessing the Platform, for example, whether you are accessing the Platform from a personal computer or from a mobile device
- information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message
Information from Other Sources
monad allows you to sign up and log in using your Twitter or Google Plus account. If you sign up on monad, each one of these companies will ask for your permission to share certain information (including possible personal information) from your account with monad. This may include your first name, last name. gender, general location, a link to your profile, your time zone, date of birth, profile picture, your “likes” and your list of friends, followers and/or subscribers.
User Data Deletion
You can delete your own user data on monad.social on Account Settings page.
Follow the instructions in Delete Account section to completely delete your account and your user data.
- Your email address(es) are used to identify you when you log into the Platform.
- Your email address(es) will be used to send you service updates and notifications regarding your account, and (if you have elected to receive them using your account preferences) newsletters and certain email notifications.
How We Use Your Personal Information
- To operate and maintain your monad account, and to provide you with access to the Website and use of the Apps and any Services that you may request from time to time.
- To seek your participation in surveys, and to conduct and analyze the results of those surveys if you choose to participate.
- To provide you with technical support
- To analyze the use of the Platform, and the people visiting the Website and using Services, in order to improve monad.
- To respond to you about any comment or enquiry you have submitted.
- To customize your use of the Platform and/or the content of any email newsletter or other material that we may send to you from time to time.
- To prevent or take action against activities that are, or may be, in breach of our Privacy Policy or applicable law.
- For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal information.
Sharing of your personal information
- With your consent: We will disclose your personal information if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect your information.
- Service Providers: We use certain reputable third parties, some of whom may be located outside of the United States of American, to provide us with certain specialized services related to the Platform. These third parties will have access to certain information about you, but only where this is necessary in order for those third parties to provide their services to us. When we transfer personal information to these third parties, we ask and require these third parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal information, and only to process personal information in accordance with our instructions and to the extent necessary to provide their services to us.
- To provide you with technical support
- Other networks and connected apps: If you choose to connect your monad account to other apps or social Twitter, Google or YouTube you will be sharing certain information with these apps or networks.
- As aggregated data: We may aggregate your personal data with similar data relating to other users of the Platform in order to create statistical information regarding the Platform and its use, which we may then share with third parties or make publicly available. However, none of this information would include any email address or other contact information, or anything that could be used to identify you individually, either online or in real life.
- If required by law: We will disclose your personal information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.
- To protect our interests: We may disclose your personal information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Platform and/or the the monad community.
- In the context of a business transfer: We may transfer your personal information to any person or company that acquires all or substantially all of the assets or business of monad.social, PBC and monad, or as the result of a merger of our business, or in the event of our insolvency.
Cookies and similar technology
International data transfers
monad.social, PBC and monad are based in the United States of American, and your personal information is collected, stored, used and shared in accordance with US privacy laws. You should be aware that privacy laws in the United States may not be equivalent to the laws in your country, and by using the Platform, you consent to the transfer, storage and processing of your personal information in the United States in accordance with this Privacy Policy and applicable law.
Children
monad is not intended for use by children. Anyone under the age of 16 is not permitted to use the Platform and must not attempt to register an account or submit any personal information to us. We do not knowingly collect any personal information from any person who is under the age of 16 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 16, we will delete this information as quickly as possible. If you have reason to believe that we may have collected any such data, please notify us immediately at Info@monad.social.
Changes and Updates to this Privacy Policy
We may occasionally update this Privacy Policy, and when we do so, we will also revise the Effective Date set out below. Any changes to our Privacy Policy will always be available here so that monad users are always aware of what information we gather, and how we might use and share that information. Please be sure to check back here from time to time to ensure that you are aware of any changes to this Privacy Policy. Any material changes to this Privacy Policy will be communicated to registered users by a notification to their account and/or by posting a notice of the change on the Website.
Questions?
If you have questions about this Privacy Policy, want to suggest changes to this Privacy Policy or want to know what information we store about you, please contact us by email at Info@monad.social.
If you have questions about this Privacy Policy, want to suggest changes to this Privacy Policy or want to know what information we store about you, please contact us by email at Info@monad.social.
Effective Date: Jan. 1, 2025
monad Terms of Service Last Updated: April 15, 2025
This monad Terms of Service Agreement (the “Agreement” or “Terms of Service”) is made between monad (“monad,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of monad owned-and-operated websites, applications, and embeddable video players (collectively, the “Services”).
monad, other users and the Services may incorporate, utilize, link to, display, distribute, reference and/or otherwise integrate with third party platforms, media companies, service providers, software providers, marketers, distributors, etc. In each event, you shall also be bound by the applicable terms and conditions of each such third party. It is important that you read and familiarize yourself with each such third-party’s terms and conditions (and its privacy policies) and comply with such terms (in particular Vimeo). In each instance, you shall be required to comply with (and be subject to) the applicable terms and conditions along with these Terms of Service.
PLEASE READ CAREFULLY: SECTION 11 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND monad, INCLUDING, AMONG OTHER THINGS, AN AGREEMENT TO INDIVIDUALLY ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT CERTAIN DISPUTES BETWEEN YOU AND monad BE RESOLVED BY BINDING AND FINAL ARBITRATION UNLESS YOU OPT OUT WITHIN 30 DAYS. SECTION 11.4 ALSO CONTAINS CLASS ACTION AND JURY TRIAL WAIVERS. PLEASE READ SECTION 11 CAREFULLY. BY PURCHASING, ENGAGING WITH, OR OTHERWISE USING ANY monad SERVICES, YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND monad WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY CEASE USE OF ANY monad SERVICES.
Content
1. Acceptance
By creating an account, viewing videos, making a purchase, downloading our software, or otherwise visiting or using our Services, you specifically agree to and accept this Agreement and consent to contract with us electronically. Should you not agree or change your mind about these terms and conditions, please notify us and cease and desist using the Services.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Agreement from time-to-time by making changes, with or without notice. Accordingly, you should regularly review these terms. By continuing to use our Services, you accept any revised Agreement.
This Agreement includes our Privacy Policy.. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.
2. Our Services
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
Stream videos that you have the right to view;
Upload, store, and/or live stream videos, subject to your plan;
Use all related functionality that we may provide (including third-party services and functionality; which shall be subject to each such third-party’s terms and conditions as well.
Features: The features available to you will depend on your plan. Some features and content may not be available in all geographic locations. We may change features from time to time. If you have a paid account, we commit to providing the core video hosting and streaming features of your plan (including the bandwidth and storage capabilities stated at the time of purchase) during your current service period.
Transactions: We may offer digital goods for sale.
Monetization: We may allow you to sell digital goods or earn money through advertising.
Beta Services: We may invite you to try beta, pilot, or limited release features (“Beta Services”). By using any Beta Services, you agree that (a) Beta Services are not intended for commercial usage, may be modified or discontinued at any time, may contain bugs or errors, and are not subject to uptime, support, or other service level commitments; and (b) you will provide timely feedback to monad and only use the Beta Services for the purpose of providing such feedback.
Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:
Stream videos that you have the right to view;
Upload, store, and/or live stream videos, subject to your plan;
Use all related functionality that we may provide (including third-party services and functionality; which shall be subject to each such third-party’s terms and conditions as well.
Features: The features available to you will depend on your plan. Some features and content may not be available in all geographic locations. We may change features from time to time. If you have a paid account, we commit to providing the core video hosting and streaming features of your plan (including the bandwidth and storage capabilities stated at the time of purchase) during your current service period.
Transactions: We may offer digital goods for sale.
Monetization: We may allow you to sell digital goods or earn money through advertising.
Beta Services: We may invite you to try beta, pilot, or limited release features (“Beta Services”). By using any Beta Services, you agree that (a) Beta Services are not intended for commercial usage, may be modified or discontinued at any time, may contain bugs or errors, and are not subject to uptime, support, or other service level commitments; and (b) you will provide timely feedback to monad and only use the Beta Services for the purpose of providing such feedback.
3. Accounts
Registration: You may create an account to use certain features we offer (e.g., uploading or live streaming videos). To do so, you must provide an email address. By creating an account, you agree to receive notices from monad at this email address at any time, including before 8:00 a.m. and after 9:00 p.m. local time. You must keep your email address valid and current so that we are able to contact you. An account may only be used by one person; login credentials may not be shared by multiple people.
Organizational Accounts: Corporate, governmental, and other organizational users must publicly display the legal name of their entity on their public account profile. If you are a government entity in the U.S., our Government Entity Addendum applies.
Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.
Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Team Members: Certain subscription plans may allow you to grant other users (“team members”) access to the account. Each team member must create an account with their own login credentials and may only use the Services as a team member on your behalf. You are responsible for the actions of your team members and must monitor their access and usage.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials and may not share your account credentials with anyone. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
4. Subscription Plans
Plan Types: We may offer free memberships and/or paid subscriptions that allow you to upload and share video content. Advertised prices and features may change
Fees: You shall pay all fees (plus any taxes) during your subscription period and any renewal periods. Our fees may include a fixed monthly or annual fee plus variable fees for transactions or usage. We may adjust fees from time to time. We will attempt to notify you in advance of any such fee changes prior to your next billing cycle. If you do not wish to accept a fee change, you may cancel your subscription in accordance with this Agreement.
Payment Method: You authorize monad to collect payment from your designated payment method or, if payment cannot be completed via your designated payment method, any other payment method you have saved in your monad account. You may revoke this authorization with respect to a given payment method at any time by removing such payment method from your account. You will not dispute monad’s recurring transactions with your bank, provided the transactions were made in accordance with this Section 4.
Free Trials and Discounts: We may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have canceled before the end of the free-trial period) and you must pay the full monthly or annual fee. If we provide a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
Automatic Renewal: To the extent permitted by applicable law, Self-Serve subscription plans automatically renew at the end of each subscription period unless canceled at least one day before the renewal date listed in your Billing Settings. Monthly plans renew for 30-day periods.. You must pay the annual or monthly fee (plus any taxes) when each renewal period starts. Unused storage, bandwidth, and other usage limits do not roll over.
How to Cancel Renewal: Self-Serve subscribers may cancel automatic renewal in their Billing Settings.. Any cancellation or notice of non-renewal will not affect the current subscription period. Monad Resale: You may not sell, resell, rent, lease, or distribute any plan or any other aspect of our Services to any third party unless authorized by us in writing.
5. Acceptable Use Policy
We may allow you to create, upload, live stream, submit, or publish (collectively, to “submit”) content such as videos, recordings, images, text, and fonts (collectively, “content”). For clarity, “content” means all content submitted by you to monad at any time, including before this Agreement’s date. You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5.
monad may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. monad may remove or limit access or availability to any content or account that it considers in good faith to violate this Acceptable Use Policy. If you see any content you believe does not comply with this Agreement, including by violating this Section 5 or the law, you can report it to us.
5.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send a takedown notice as stated in our Copyright Policy if they believe infringing materials are available on monad. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
5.2 Content Restrictions
You may not submit any content that:
Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Is sexually explicit or promotes a sexual service;
Is defamatory;
Is harassing or abusive;
Contains hateful or discriminatory speech;
Promotes or supports terror or hate groups;
Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
Exploits or endangers minors;
Depicts or encourages self-harm or suicide;
Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause individual or public harm;
Contains false or misleading information about voting or seeks to obstruct voting;
Contains (1) claims that a real-world tragedy did not occur; (2) false claims that a violent crime or catastrophe has occurred; or (3) false or misleading information (including fake news, deepfakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; or
Violates any applicable law.
Please see the Guidelines for guidance on how these terms are interpreted.
5.3. Code of Conduct
In using our Services, you may not:
Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
Act in a deceptive manner or impersonate any person or organization;
Harass or stalk any person;
Harm or exploit minors;
Distribute “spam” in any form or use misleading metadata;
Collect personal information about others without their authorization;
Access another’s account except as permitted herein;
Use or export any of our Services in violation of any U.S. law;
Except as permitted by us in writing, act in a manner that would subject monad to industry-specific privacy regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA);
Engage in any unlawful activity;
Embed our video player on or provide links to sites that contain content prohibited by Section 5.2;
Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; or
Cause or encourage others to do any of the above.
5.4 Prohibited Technical Measures
You will not:
Access, download, reproduce, redistribute, frame, mirror, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services or any content except as expressly authorized by the Service or with our prior written permission;
Access the Services using any automated means (such as robots, botnets, or scrapers) Attempt to circumvent any of our security, rate-limiting, filtering, digital rights management measures, or other access restrictions;
Remove or modify any logo, watermark, or notice of proprietary rights embedded on or in the Services or any output thereof without our permission;
Submit any malicious program, script, or code;
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage our Services.
5.5 Restricted Users
You may not use our Services if you:
are a terror or hate group or a member thereof;
have been designated by a U.S. agency as an entity that we may not contract with (e.g., a Specially Designated National); or
are subject to sanctions by a non-U.S. government such that we would be required to block your videos in a substantial number of countries in which we provide service.
are not otherwise permitted to do so based upon applicable law
You may not purchase goods or software services from us if doing so would violate any U.S. sanctions. You hereby make a continuing representation that you are in compliance with the foregoing restrictions.
6. Licenses Granted by You
As between you and monad, you own and will retain ownership of any intellectual property rights in and to the content you create and submit. In order to allow monad to host and stream your content, you grant monad any and all permissions set forth below and/or which may otherwise be needed to utilize said content for the intended purpose of the Services.
6.1 Your Video Content
Subject to the terms hereof, by submitting a video, you grant monad permission to:
Stream the video to end users;
Embed the video on third-party websites;
Distribute the video via APIs;
Make the video available for download;
Transcode the video (create compressed versions of your video file that are optimized for streaming);
Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one);
Automatically generate and display summaries, chapters, closed captions, and subtitles from your video; and
Alter or enhance your video as directed by you.
If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this Section 6.1, your video includes its title, description, tags, and other metadata.
The license period begins when you submit the video to monad and ends when you or monad delete it; provided that monad may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when monad in good faith believes that it is legally obligated to do so.
6.2 Account Profile
You grant monad permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. monad shall have the right to identify public profiles in its marketing and investor materials.
6.3 Feedback
You may provide comments, suggestions, or other feedback concerning our Services. You grant monad a perpetual and irrevocable right and license to use, copy, transmit, distribute, publicly perform, and display such feedback in any manner without any compensation to you.
6.4 Scope of Licenses
All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to monad; rather, any breach of a term by monad hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).
7. Your Obligations
7. 1 Representations and Warranties
For each piece of content that you submit to or through monad, you represent and warrant that:
You have the right to submit the content to monad and grant the licenses herein;
monad will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
You have obtained appropriate releases (if necessary) from all persons who appear in the content;
The content does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
The content complies with this Agreement and all applicable laws.
7.2 Indemnification
You hereby l indemnify, defend, and agree to hold harmless monad and its subsidiaries, parents, partners, licensees, licensors and affiliates, along with their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
8. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Paid accounts will continue for the subscription period and will renew in accordance with Section 4 above. With respect to users who do not have a subscription plan (i.e., free users), (a) monad may terminate this Agreement at any time by providing 30 days’ written notice, and (b) applicable users may terminate at any time by deleting their accounts.
If you breach this Agreement, monad may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account (and other accounts you control) or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If monad deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 6.4 (Feedback), Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Disputes, Individual Arbitration of Privacy Claims, Class Action and Jury Trial Waiver, and Choice of Law), and Section 12 (General Provisions).
9. Disclaimers
monad PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, monad DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, monad makes no representations or warranties:
That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
That we will host, make available, or remove any specific piece of content;
Concerning any content submitted by or actions of our users;
That any geo-filtering or digital rights management solution that we might offer will be effective;
That we comply with the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), or any other industry-specific privacy obligations;
That our Services will meet your business or professional needs;
That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
Concerning any third-party websites and resources.
10. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) monad SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF monad HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) monad‘S TOTAL LIABILITY TO YOU, EXCEPT FOR monad’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO monad OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.
11. Disputes, Individual Arbitration of Privacy Claims, Class Action and Jury Trial Waiver, and Choice of Law
The terms of this Section 11 apply to all disputes between you and monad and/or any third party operating on monad’s behalf (including, but not limited to, any employees, agents, affiliates, service providers, suppliers, or vendors).
11.1 Choice of Law
Any dispute arising out of or relating to this Agreement or your use of our Services will be governed by the laws of the State of California and the United States of America (with respect to matters subject to federal jurisdiction such as copyright), without regard to principles of conflicts of law. The arbitration agreement set forth in Section 11.4 will be governed by the Federal Arbitration Act. The sole and exclusive venue for any such disputes shall be the courts in the County of Los Angeles, State of California.
11.2 Choice of Venue for Litigation
Except for a Covered Privacy Claim (defined below), you and monad agree that any dispute, controversy, or claim, arising out of or relating in any way to these Terms of Service, your access to or use of our Services, any communications you receive relating to our Services, or any other transaction involving you and monad, including any dispute that arose before this or any prior agreement must be commenced in either the appropriate court(s) in the County of Los Angeles, State of California and you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, monad AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
11.3 Pre-Arbitration Informal Dispute Resolution
monad is always interested in resolving disputes amicably and efficiently. So, before you or monad commence an arbitration (or initiate an action in small claims court), the complaining party must contact the other party to explain its complaint and participate in an informal dispute resolution conference (either by phone or videoconference), in a good faith effort to resolve it without the need for arbitration. If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
Dispute Notice: The party initiating a claim must give notice to the other party in writing of its intent to initiate an informal dispute resolution conference (the “Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to monad should be sent by email to info@monad.com. Notice to you will be sent to the email address associated with your account. It is your responsibility to keep your contact information up to date. The Notice must include: (1) the name, telephone number, mailing address, email address of the complaining party and the email address associated with any applicable account; (2) the name, telephone number, mailing address, and email address of counsel, if any; and (3) a description of the dispute.
Informal Dispute Resolution Conference: The informal dispute resolution conference shall be individualized such that a separate conference must be held each time either party initiates a dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree otherwise. Multiple individuals initiating a dispute cannot participate in the same informal dispute resolution conference unless all parties agree. In the time between a party receiving the Notice and the informal dispute resolution conference, nothing in this section shall prohibit the parties from engaging in informal communications to resolve the dispute. Engaging in the informal dispute resolution conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution conference process required by this section.
11.4 Binding Individual Arbitration Agreement
Overview: Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and monad are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing. Decisions by the arbitrator are enforceable in court and may generally not be overturned by a court.
Any controversy or claim arising out of or relating to the use of the Services and/or these terms and conditions and/or any other action related to your use of the foregoing (including any dispute in connection with rewards, cash back or any other benefit derived from the use of the Services, shall be litigated, tried, heard, resolved and/or settled solely and exclusively by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in the jurisdiction identified herein. Such arbitration proceedings shall have sole and exclusive jurisdiction in connection with any of the foregoing and you specifically waive the right to proceed in any court and or to seek relief from a judge or jury. You hereby agree that any action filed by you in any other tribunal shall be transferred by such tribunal to the American Arbitration Association and such court shall be compelled to do so for all purposes. The rules for such arbitration can be found at the following link: https://adr.org/sites/default/files/CommercialRules_Web_1.pdf You hereby acknowledge that you have read and understand the rules associated with such arbitration and specifically agree to be bound thereby.
11.5 Waiver of Jury Trials, Class Actions, and Class Arbitration
Waiver of Jury Trial: YOU AND monad HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief: YOU AND monad AGREE THAT, EXCEPT AS SPECIFIED IN THIS SECTION 11, (A) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS, AND (B) ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Subject to the Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this Section is intended to, nor shall it, affect the terms and conditions under the Section entitled “Batch Arbitration” above. Notwithstanding anything to the contrary in the Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this paragraph are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and monad agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and may be litigated in the state or federal courts located in the State of California, County of Los Angeles. All other disputes shall be arbitrated or litigated in small claims court. Neither you nor monad are prevented from participating in a class-wide settlement of claims.
11.6 Exceptions
Notwithstanding the above, each party has the right to bring a dispute in a small claims court of competent jurisdiction, if such claims qualify and remain in small claims court. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
Either party may also seek injunctive relief, such as a temporary restraining order or preliminary injunction, in a court of competent jurisdiction. Seeking such relief does not waive a party’s ability to arbitrate under the Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph will automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.
11.7 Modification
You and we agree that monad retains the right to modify this Arbitration Agreement in the future.
12. General Provisions
Reservation of Rights, Severability: monad reserves all rights not expressly granted herein. monad’s rights and remedies are cumulative. No failure or delay by monad in exercising any right will waive any further exercise of that right. Except as provided in Section 11.4, if any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
Force Majeure: monad will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within monad’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, monad shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
Relationship: These Terms of Service do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and monad. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign or transfer this Agreement or your rights under these Terms of Service, in whole or in part, by operation of law or otherwise, without our prior written consent; any such assignment will be void. We may assign these Terms, or any of our rights and obligations under the Terms, at any time without consent. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorized representatives of monad. If you have a signed agreement with monad, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.
The English version of this Agreement shall control. For convenience, we may provide translated versions of this Agreement.
Addenda: This Agreement incorporates the following documents (and no others) by reference:
Notices: Except for notices described in Section 11, you must send any notices of a legal nature to us by email at: Info@Monad.Social.
