By signing up for the Monkedia services or any of the services of Monkedia LLC or its affiliates (“Monkedia,” “we,” or “us”), or by submitting a Statement of Work in any form, you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Monkedia under the Terms of Service include various products and services to help you with your overall business and marketing efforts, including strategy, advertising, emailing, and selling goods/services to buyers. Any such services offered by Monkedia are referred to in these Terms of Services as the “Services”. Any new features or tools which Monkedia adds to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at https://www.monkedia.com. Monkedia reserves the right to update and change the Terms of Service by posting updates and changes to the Monkedia website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement before you may become a Monkedia user or client.
1. Account Terms
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Services.
You acknowledge that Monkedia will use the email address you provide as the primary method for communication. You agree to update and keep current your email address on file with Monkedia.
You are solely responsible for keeping your password secure. Monkedia cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content, and warrant that you have obtained the rights to use such activity and/or content, such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Monkedia, will result in immediate termination of your right to access and use the Services. Monkedia LLC also reserves the right to take action against any party that would breach or violate these Terms of Service.
Subject to the limitation set forth in the paragraph below, the person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person authorized to use any corresponding account we may provide to the Account Owner in connection with the Services.
If the Account Owner is an entity, the person signing up represents and warrants that he/she has the authority to bind the entity to these Terms of Service.
Monkedia LLC cannot and does not guarantee your ability to obtain results or earn any money with our ideas, information, tools, or strategies. Nothing on this page, any of our websites, any of our content, or otherwise in connection with the Services is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results, and by your registration for an account with Monkedia or otherwise seeking to obtain the Services, you acknowledge and agree that we are in no way liable for your decisions, actions or results, at any time, under any circumstance. You further agree to never bring any lawsuit or action at law or in equity against Monkedia, or otherwise attempt to hold Monkedia liable, for your decisions, action or results.
2. Acceptable Use
While we believe the free and open exchange of ideas and products is a key tenet of both business and marketing, there are some activities that are incompatible with Monkedia’s mission. This Acceptable Use Policy (“AUP”) describes activities that are prohibited in connection with your use of the Services.
For the purposes of this AUP, “Materials” means any photos, images, videos, graphics, written content, audio files, code, information, data or other content uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
The following activities are prohibited:
We may, at any time in our sole discretion and without notice, remove any Materials, and/or suspend or terminate your Account or access to the Services if you engage in activities that violate the letter or spirit of this AUP, including activities outside of your use of the Services.
Monkedia has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with this AUP, the Terms of Service, or any other agreement between you and Monkedia governing your use of the Services (collectively, the “Service Terms”). Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.
Monkedia may modify this AUP at any time by posting a revised version at https://www.monkedia.com. By continuing to use the Services or access your Account after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP. In the event of a conflict among the Service Terms, this AUP will take precedence, but only to the extent required to resolve such conflict. Capitalized terms used but not defined in this AUP shall have the meanings set forth in the Terms of Service.
If you feel that a user of the Services has violated this AUP, please contact us at firstname.lastname@example.org
3. General Conditions
The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Texas and the laws of the United States of America applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts with jurisdiction over Collin County, Texas with respect to any dispute or claim arising out of or in connection with the Terms of Service.
You acknowledge and agree that Monkedia may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Monkedia’s website, available at https://www.monkedia.com and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Monkedia’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If at any time you do not agree to any changes to the Terms of Service, immediately discontinue use of the Services.
You may not use the Monkedia service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of United States and the State of Texas. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Monkedia.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Monkedia or Monkedia trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to email@example.com
You understand and confirm that by working with Monkedia you are bound by the terms and services and any platform we utilize with your consent (i.e., Facebook, Google AdWords, etc.).
You agree that upon permitting Monkedia access to any of your social or digital accounts, you permit Monkedia to develop and post content, as well as place ads on your behalf.
You understand that while Monkedia provides reporting to its clients it does not guarantee that reporting is always accurate as part of the data is reliant on third party systems which can be inaccurate at times, as well as potential technology glitches that prevent accurate reporting. While our intention is always to provide the most accurate reporting possible, we do not guarantee that reporting is always correct.
You understand that your Materials (not including credit card information), may be transferred in an unencrypted manner and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over our networks.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Monkedia’s Terms of Service available in another language, the most current English version of the Terms of Service will prevail.
4. Monkedia Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a client, or the Materials uploaded or posted by a client, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Monkedia customer, Monkedia employee, member, or officer will result in immediate Account termination.
Monkedia does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
For the purposes of this provision, “Confidential Information” means any information given to Monkedia that is conspicuously designated as “Confidential” at the time of disclosure and the confidential nature of such information is brought to the attention of Monkedia prior to disclosure. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. We may also create apps, products, or services with features similar to your app, product, or service, that may compete with you or your apps, products, and services. You further acknowledge and agree that Monkedia employees and contractors may also be Monkedia customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Monkedia retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Monkedia reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties. Monkedia disclaims any and all liability for any errors, inconveniences, or any other issues resulting from utilizing the resolution procedures set forth in this paragraph.
We may analyze your app, website, content, and data for any purpose, including commercial.
5. Limitation of Liability
You expressly understand and agree that Monkedia shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Services.
In no event shall Monkedia or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising, including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Monkedia partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Monkedia does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Monkedia does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Monkedia does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
Monkedia may share examples and sample results of services provided to other clients of Monkedia. Monkedia does not warrant or guarantee any results for the Services provided to you.
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the GREATEST extent permitted by law, Monkedia DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Monkedia Services, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Monkedia Services will not exceed the amount Monkedia has profited under the contract with you.
6. Waiver and Complete Agreement
The failure of Monkedia to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Monkedia and govern your use of the Services, superseding any prior agreements between you and Monkedia (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content; White Labeling
We do not claim any intellectual property rights over the Materials you provide to the Monkedia service. All Materials you upload remains yours. You can remove your Monkedia account at any time by contacting us.
By uploading Materials, you agree: (a) to allow Monkedia to store, and in the case of Materials you post publicly, display, your Materials; and (b) that Monkedia can, at any time, review all the Materials submitted to its Services, although Monkedia is not obligated to do so.
You retain ownership over all Materials that you upload to a Monkedia account; however, you are responsible for compliance of the Materials with any applicable laws or regulations.
You acknowledge that the Services provided by Monkedia do not constitute a work made for hire. Monkedia retains all intellectual property rights in the Services and in the processes and knowledge used in providing the Services.
You may specify for Monkedia to provide Services to you for the ultimate benefit of your customers, which you may desire to brand with your own company name (“White Label Services”). Monkedia consents to such use, under the terms and conditions stated herein. No material changes may be made to the White Label Services by you or the customer without the express prior written consent of Monkedia. The White Label Services shall be subject to the same conditions, representations, etc. contained herein for the Services, and you make the same representations, promises, covenants, etc., with respect to them on behalf of your customer or user. You agree to indemnify and hold harmless Monkedia from any claims, losses, damages, fees (including attorneys’ fees), costs, and liability arising from or related to any breach by you or your customer or user of any representation, covenant, or promise herein, or arising from any misuse by your customer or user of the White Label Services.
Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; or (c) we received from a source other than you without breach of our or their confidentiality obligations.
We will not disclose your Confidential Information to third parties, except as required in the course of providing the Services. Under certain circumstances, Monkedia LLC may be required to disclose your Confidential Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency); if the request is made via a subpoena or other legal proceeding or if under the circumstances it is reasonable to believe that such disclosure is necessary to comply with the law, enforce our Terms of Service, or protect the rights of Monkedia or others.
In the event Monkedia is required by law to disclose your Confidential Information, Monkedia will, to the extent allowed by applicable law, notify you prior to disclosing such data so that you may, in your discretion, submit objections to such disclosure to the relevant authorities.
Client agrees that Monkedia shall own exclusively all accounts developed on-behalf of a user or client, this includes all advertising accounts (ex: Facebook ad accounts, Google AdWords accounts, etc..). Monkedia does not permit access to anyone outside of Monkedia access to said accounts, including the client or user. Should the user or client, or anyone outside of Monkedia, be given access or obtain access, the user or client agrees to remove themselves from the account immediately and not add any additional users. The user or client may not utilize the ad account themselves for any reason or may not permit access to anyone else or any other agency to utilize or read the account. Should Monkedia accidentally remove itself or if Monkedia should lose access to an account the client has access to, they will immediately add Monkedia back as an admin with all rights on the account.
Client understands that all of Monkedia’s technology, advertising approach, processes, systems, etc., are considered confidential and are intellectual property owned by Monkedia LLC. Should a client or any affiliated party become aware of any of Monkedia’s processes, advertising approach, systems or how our technology works, they will fall under strict confidentiality and agree not share, use, sell or provide any insight to any other party as a result of coming into this knowledge. This includes sharing, developing or implementing such knowledge in a versioned way as well. THE USE OR SHARING OF KNOWLEDGE IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, INFRINGEMENT OF OTHERS’ INTELLECTUAL PROPERTY RIGHTS.
Monkedia shall have the non-exclusive right and license to use the names, trademarks, WORK PRODUCT, CREATIVE ASSETS, service marks and logos associated with your account to promote the Service. We may issue a press release describing our relationship with you.
You agree that the Monkedia intellectual property, including but not limited to Monkedia services, graphics, user interface, audio clips, video clips, editorial content, templates, the scripts and software used to implement Monkedia Services, and the processes and knowledge Monkedia uses to provide the services, contains proprietary information and material that is owned by Monkedia and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Monkedia Services in compliance with this Agreement. No portion of the Monkedia Services may be reproduced in any form or by any means, without express written permission from Monkedia. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Monkedia Services in any manner, and you shall not exploit the Monkedia brand in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. You agree not to reverse engineer or otherwise attempt to circumvent Monkedia’s rights to its intellectual property.
All copyrights in and to Monkedia LLC (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Monkedia and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF MONKEDIA LLC, EXCEPT FOR USE OF MONKEDIA LLC AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
9. Payment of Fees
You will pay the fees applicable to your account and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as domain names, ad spend or Third Party Services (“Additional Fees”). Collectively, all such fees are referred to as the “Fees”.
You must keep a valid credit card, ACH or bank account on file with us to pay for all incurred and recurring Fees. Monkedia will charge applicable Fees to the payment that you authorize (“Authorized Card”), and Monkedia will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
For most clients or users, fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”) unless otherwise noted. Transaction Fees and Additional Fees will be charged from time to time at Monkedia’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be uploaded to your Monkedia account dashboard and/or sent to the Account Owner via the email provided. Users shall have 5 days to bring to the attention of Monkedia any issues with the billing of Fees.
If we are not able to process payment of Fees using the Authorized Card or Bank Account, we will make a second attempt to process payment using the Authorized Card or Bank Account within one day of the first attempt. If the second attempt is unsuccessful, we will make a final attempt at our discretion. If our final attempt is unsuccessful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Monkedia reserves the right to permanently terminate your Account, and in such case, you will not be able to regain or otherwise obtain any information connected with your Account.
Your fees for Services are related to specific services. For instance, for most users and/or clients use of our advertising services, you agree to pay a flat fee of $500 per 30 days and Monkedia will retain 10-30% of your advertising spend as a part of its fee. As the fee is a relative fee, Monkedia does not disclose the exact rate at any given time a current client is being charged. Monkedia in its reporting may report to Client all funds spent on behalf of a customer and the percentage included as one lump sum so that a client is able to assess its overall costs from Monkedia in light of the returns that the Client generates from the Services.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services. If you are not charged Taxes by Monkedia, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
In the event you change jurisdictions, you agree to update and keep current your location which may be changed in the administration menu of your Monkedia account.
Monkedia does not provide refunds except at its own discretion.
If your payment method fails or your account is past due, we may take additional steps to collect past due amounts. Fees are past due unless paid within 45 days from invoice. You will pay all expenses associated with such collection, including reasonable attorneys' fees. Past due amounts will accrue interest from the payment due date at 1.5% per month or the lawful maximum, whichever is less.
10. Term, Cancellation and Termination
Unless specifically stated otherwise in writing, the Services are provided for a 12 month term, which will automatically renew for additional 12 month terms unless expressly cancelled in writing by you prior to 60 days before the end of any 12 month term (or as otherwise provided herein). You are responsible for communicating to Monkedia your desire to cancel your Account and stop future Fees from accruing. Because Monkedia must prepare for the Services you will require during the term, the time limits reflected herein are a material term of this agreement.
Upon termination of the Services by either party for any reason:
Monkedia will cease providing you with the Services and you will no longer be able to access your Account;
our services may run for up to 72 hours after you notify us, and you are still responsible for paying for all costs that result as such;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
any outstanding balance owed to Monkedia for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
your account will be taken offline.
If you purchased a domain name through Monkedia, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If at the date of termination of the Services, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Monkedia Services or your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Monkedia may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Services.
11. Non-Solicitation Obligations.
During the term of service and for a period of twelve (12) months thereafter (the “Non-Solicitation Period”), client or user shall not, directly or indirectly, solicit for employment or employ, whether as an employee or independent contractor, or accept services provided by, any present or former employee, officer or independent contractor of the other party who performed any work in connection with or related to the Services provided by Monkedia LLC.
12. Modifications to the Services
Prices for using the Services are subject to change upon 30 days’ notice from Monkedia. Such notice may be provided at any time by posting the changes to the Monkedia Site (monkedia.com) or the administration menu of your Monkedia account via an announcement.
Monkedia reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice.
Monkedia shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Services.
13. Third Party Services
In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Monkedia’s partners or other third parties.
Monkedia may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Monkedia’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Monkedia may receive a revenue share from Third Party Providers that Monkedia recommends to you.
We do not provide any warranties with respect to Third Party Services. You acknowledge that Monkedia has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Monkedia’s websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Monkedia. Monkedia does not guarantee the availability of Third Party Services and you acknowledge that Monkedia may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Monkedia is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Monkedia strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Monkedia is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
Under no circumstances shall Monkedia be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Monkedia has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Monkedia partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including the payment of our costs and attorneys’ fees incurred, relating to or arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
14. Master Services Agreements
Should the user or client have a separate Master Services Agreement with Monkedia, expressly stated terms of that Agreement constitutes the primary agreement between the Parties and any information, agreements, representations, warranties, statements, promises, information, arrangements, pricing, fees, terms and understandings outlined within that Master Services Agreement that are also outlined within this Terms of Service, supersede this agreement with respect to the subject matter hereof. All other items contained within this Terms of Service that are not outlined within the Master Services agreement agreed upon between Monkedia LLC and client or user are thereby amended to that Master Services Agreement, all of which, when taken together, shall constitute one and the same agreement.
2. Information from clients
3. What information do we collect from you and why?
Personally identifiable information may include, but is not limited to:
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, by contacting us at firstname.lastname@example.org, or by canceling your account. We use this information to provide you with our Services; for example, to confirm your identity, contact you, provide you with advertising and marketing, and invoice you. We also use this information to make sure that we comply with legal requirements. Other use of this data includes:
We collect data about the Monkedia websites that you visit. We also collect data about how and when you access your account and the Monkedia platform, including information about the device and browser you use, your network connection, your IP address, and information about how you browse through the Monkedia interface.
We use this information to give you access to and improve our Services; for example, to make our platform interface easier to use. We also use this information to personalize the Services for you. Finally, we may use this information to provide you with advertising or marketing.
Upon completing the sign-up process for the Services, and depending on your location, we [or our third-party payment processor] may collect your payment information and create a Payments account on your behalf. If you activate a Payments account, we collect information like your business address, business type, business ID number, date of birth (if you are an individual business owner), bank account information and government-issued identification information, such as your Social Security Number or your Social Insurance Number or, alternatively, if you are Canadian merchant and elect not to provide your Social Insurance Number, a copy of your government-issued identification.
We use this information to create a Payments account for you, to provide you with Payments services, including fraud and risk monitoring, and to comply with applicable legal and regulatory requirements.
We collect personal information about your customers that you share with us or that customers provide while utilizing various tracking we deploy through a Facebook Pixel, Google Analytics, or other third-party tracking systems.
We use this information to provide you with our Services and so that you can better serve your customers.
Where we need to verify your identity (for example, if there are concerns around identity theft, or if you call into support and we need to authenticate your account), we may request that you provide us with government-issued identification information.
We use some of the personal information you provide us to conduct some level of automated decision-making -- for example, we use certain personal information to help us screen accounts for risk or fraud concerns.
We will also use personal information in other cases where you have given us your express permission.
4. When do we collect this information?
We collect personal information when you sign up for our Services, when you access our Services, our website, or otherwise provide us with the information.
We also partner with third parties who provide us information about clients or prospective clients, for example to help us screen out clients associated with fraud.
5. When and why do we share this information with third parties?
Monkedia works with a variety of third parties and service providers to help provide you with our Services and we may share personal information with them to support these efforts. Monkedia uses third-party service providers to store personally identifiable information. In those instances, the information is stored on servers and databases beyond our direct control. The information may be stored and processed by Monkedia’s third parties and service providers in any country that such third party or service provider stores or processes information.
We may also share your information in the following circumstances:
Monkedia will always ask for your consent before sharing your personal information with third parties for purposes other than those described in this Section.
For EU data subjects, Monkedia is responsible for all onward transfers of personal information to third parties in accordance with the EU-U.S. Privacy Shield Framework, the Swiss-U.S. Privacy Shield Framework, and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).
6. Information from cookies and similar tracking technologies
Cookies, scripts, beacons, and other tracking technologies are used by Monkedia. These tracking technologies are used for purposes of this Website and the Services, to recognize your device, track your movements around this website, provide you with a personalized user experience on our websites, remember your user settings, obtain demographic and web information, and for analytics and authentication.
Opting out: You can opt out of targeted ads served via specific third party vendors by visiting the Digital Advertising Alliance’s Opt-Out page.
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
For a deeper understanding of Cookies, here is more information on Cookies in general and how we use them:
What are cookies?
A cookie is a small amount of information that’s downloaded to your computer or device when you visit certain websites. We use a number of different cookies on the Monkedia’s websites and our Client’s websites, including performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.
What cookies do we use and why?
Some cookies are necessary to allow you to browse our website or the websites of our Clients, to use its features, and access secure areas. The use of these cookies is essential for the website to work. For example, we use user-input cookies for the duration of a session to keep track of a user’s input when filling in forms that span several pages.
We also use functional cookies to remember choices you’ve made or information you’ve provided, such as your username, language, or the region you are in. This allows us to tailor your website experience specifically to your preferences. For example, authentication cookies are functional cookies that are used for the duration of a session (or persistent, if you agree to the “remember me” function) to allow users to authenticate themselves on subsequent visits or to gain access to authorized content across pages. The functional cookies we use include, but are not limited to:
User-centric security cookies to detect authentication abuses for a limited persistent duration, like repeated failed login attempts. These cookies are set for the specific task of increasing the security of the service.
Multimedia content player session cookies (flash cookies) are used for the duration of a session to store technical data needed to play back video or audio content (e.g. image quality, network link speed, and buffering parameters).
Load balancing session cookies are used for the duration of the session to identify the same server in the pool in order for the load balancer to redirect user requests appropriately.
User interface customization persistent cookies are used to store a user’s preference regarding a service across web pages.
Monkedia is dedicated to user experience and we use many tools to help us improve our website and our platform. To this end, we use reporting and analytics cookies to collect information about how and how often you use our websites or the websites of our Clients, various user activity, click and scroll movement, and page content.
We use these analytics cookies to estimate the number of unique visitors, to improve our websites and our clients’ websites, and to detect the most searched for words in search engines that lead to a webpage. We use these cookies to learn how our websites and our clients’ websites are performing and make relevant improvements to improve browsing experience. We also use Google Analytics and other third-party analytics providers to help measure how users interact with website content. These cookies “remember” what users have done on previous pages and how they’ve interacted with the website. For more information on Google Analytics, visit Google’s information page.
Advertising cookies are used on our website and our Clients websites to tailor marketing to you and your interests and provide you with a more personalized service in the future. These cookies remember that you visited our website and we may share this information with third-parties, such as advertisers. Without these cookies, the advertisements that you see may be less relevant and interesting to you.
Finally, Social and Content cookies are placed to provide or improve the content on a website (for example services that allow the playing of video files, or that create comments sections). We integrate these into our platform and our Client’s platforms to improve the experience of browsing and interacting with said websites. Please note that some of these services also place cookies that are also used for things like behavioral advertising, analytics, and/or market research.
How long will cookies remain on my computer or mobile device?
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
How to control cookies?
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org. Additionally, each Facebook user can control their ad settings from the platform (ex: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen)
Many of the third party advertising and other tracking services listed above offer you the opportunity to opt out of their tracking systems. You can read more about the information they collect and how to opt out through the platforms themselves.
7. Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
Monkedia LLC may process your Personal Data because:
8. Retention of Data
Monkedia LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
You may request to amend or delete inaccurate data. All inquiries regarding amendments or deletion should be sent to email@example.com.
9. Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States or Canada and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States or Canada and process it there.
10. Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, Monkedia LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency); if the request is made via a subpoena or other legal proceeding or if under the circumstances it is reasonable to believe that such disclosure is necessary to comply with the law, enforce our Terms of Service, protect the rights of Monkedia or others.
In the event Monkedia is required by law to disclose your Personal Data, Monkedia will, to the extent it is allowed by applicable law, notify you prior to disclosing such data.
Monkedia LLC may disclose your Personal Data in the good faith belief that such action is necessary to:
11. Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially reasonable means to protect your Personal Data, we cannot guarantee its absolute security.
12. Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Monkedia LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
13. Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
14. Control over and access to your personal information
Monkedia understands that you have rights over your personal information, and takes reasonable steps to allow you to review, access, correct, amend, delete, port, or limit the use of your personal information. If you are a client, you can update many types of personal information, such as payment or contact information, directly within your account settings. If you are unable to change your personal information within your account settings, or if you are concerned about data collected as you visit Monkedia’s websites or use our support services, please contact us at firstname.lastname@example.org to make the required changes.
If you have any questions about your personal information or this policy, or if you would like to make a complaint about how Monkedia processes your personal data, please contact Monkedia by email at email@example.com or by mail at:
[Re: Privacy Compliance Officer]
[350 E Royal Lane, #150, Irving TX 75039]
This Monkedia Data Processing Addendum (“Addendum”) supplements the Monkedia Terms of Service (the “Agreement”) by and between you (“Client”) and Monkedia LLC. This Addendum is shall be applicable to any Client
(a) “Controller”, “Data Processor”, “Data Subject”, “Processor”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with applicable Data Protection Legislation;
(b) “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);
(c) “GDPR” means the General Data Protection Regulation, Regulation (EU) 2016/679);
(d) “Personal Data” as used in this Addendum means information relating to an identifiable or identified Data Subject who visits or engages in transactions through your business (a “Customer”); and
(e) All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
2. Data Protection
Each company is responsible for ensuring their own compliance with all Data Protection Legislation, just as they are responsible for compliance with the laws that apply to them today.
Prior to providing any data to Monkedia, Client (you) (and any data provider you may use) represents and warrants that they acquired and continuously maintain said data in compliance with all Data Protection Legislation and any other laws that might relate to said data. You warrant that you have a lawful basis (in compliance with all applicable laws, regulations and industry guidelines) for the disclosure and use of Customer Data. In the event that said data is passed on to Monkedia, each party acknowledges that the Client is the Controller of the Personal Data and Monkedia is the Processor.
Client, as Controller shall: (i) comply with all applicable privacy and data protection laws including the Data Protection Legislation; (ii) ensure that any instructions that it issues to Monkedia shall comply with the Data Protection Legislation; (iii) have sole responsibility for the accuracy, quality and legality of the Personal Data provided to Monkedia; (iv) have established the legal basis for processing under the Data Protection Legislation; (v) have provided all notices and obtained all consents as may be required under the Data Protection Legislation; and (vi) ensure that it has and will continue to have, the right to provide access to the Personal Data to Monkedia in accordance with the terms of the Agreement and this Addendum.
If Monkedia believes that any instruction from Client is in violation of, or would result in Processing in violation of the Data Protection Legislation, then Monkedia will promptly notify Client, and if Client believes Monkedia is or may be in violation of the Data Protection Legislation it will notify Monkedia.
Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data may be processed by Monkedia LLC. As part of providing the Services, this Personal Data may be transferred to other regions which our third parties or service providers store or process data, including to Canada and Ireland. Such transfers will be completed in compliance with relevant Data Protection Legislation.
When Monkedia Processes Personal Data in the course of providing the Services, Monkedia will comply with all applicable privacy and data protection laws, including the Data Protection Legislation, and will:
In the course of providing the Services, you acknowledge and agree that Monkedia may use Subprocessors to Process the Personal Data. Monkedia’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Monkedia and Subprocessor, providing such Subprocessors be bound by the same data protection obligations set out in this Addendum.
Special Provisions Concerning the Use of Facebook Pixels and SDKs
You (or partners acting on your behalf) may not place Facebook pixels on websites that you do not own without written permission.
If you use Facebook pixels or SDKs, you further represent and warrant that you have provided robust and sufficiently prominent notice to users regarding the Customer Data collection, sharing and usage that includes, at a minimum:
In jurisdictions that require informed consent for the storing and accessing of cookies or other information on an end user’s device (such as but not limited to the European Union), you must ensure, in a verifiable manner, that an end user provides the necessary consent before you use Facebook Business Tools, including Pixels, to enable Facebook to store and access cookies or other information on the end user’s device. (For suggestions on implementing consent mechanisms, visit Facebook’s Cookie Consent Guide for Sites and Apps.)
In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Monkedia may amend this Addendum from time to time by posting the relevant amended and restated Addendum on Monkedia’s website, available at https://www.monkedia.com and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to Monkedia’s website constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service.
You have the right to lodge a complaint with a Supervisory Authority.
Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.
The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the state of Texas and the laws of United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the state of Texas with respect to any dispute or claim arising out of or in connection with this Addendum.
In the event that as a Client you work with multiple Clients that you offer Monkedia’s services to (“Sub-clients”), you agree that you have the right to and shall bind said Sub-clients to all terms outlined within this Data Processing Addendum.