Beta Terms

Welcome to The Monday Man Beta Program!

Thank you for participating in the Monday Man Beta Program. These Monday Man Beta Program Terms ("Terms") apply to and govern your participation in any or all public or private beta programs ("Beta Program") and use of Monday Man's Beta Services ("Beta Services"). To participate in a Beta Program or use Beta Services, you must agree to these terms.

1. Eligibility and Participation

By using Monday Man's Beta Services, you hereby agree to comply with all written requirements provided in these terms by Monday Man, L.L.C. ("Monday Man", "us", "we" or "our") regarding these Beta Services. You also agree to use the Beta Services in accordance with our Terms of Service and Privacy Policy for the duration of these Terms. Our Terms of Service are incorporated by reference and will control for any provisions not addressed in these Terms. The Terms of Service continue to apply regarding your use of our services or any Beta Services.

2. Beta Services

"Beta Services" means a service, or a feature of a services, that is designated or presented to the user as alpha, beta, experimental, pilot, limited release, in development, developer preview, early access, non-production, evaluation, such that it is provided prior to general commercial release (and can have the designation "Beta").

By accepting these Terms or using the Beta Services, you understand and acknowledge that the Beta Services are being provided on an "As Is" and "As Available" basis. The Beta Services may contain bugs, errors, and other problems. Updates or changes to the Beta Services may be made without notice. You assume all risks and all costs associated with your use of the Beta Services, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your devices and peripherals, and any damage to any equipment, software, information, or data. We are not obligated to provide any maintenance, technical, or other support for the Beta Services.

We reserve the right to offer Beta Services for free or charge fees to access and use the Beta Services.

3. Feedback

The Beta Services are made available to you for the purposes of evaluation and feedback without any compensation or reimbursement of any kind from us. You acknowledge the need for communication between you and us during your use of the Beta Services and agree to receive related correspondence and updates from us regarding the Beta Services. In the event you request to opt out from such communications, we reserve the right to terminate your participation in the Beta Program, and your use of the applicable Beta Services will likewise be discontinued.

As part of using the Beta Services, you will be asked to provide feedback regarding your use of the Beta Services. You acknowledge that we own all feedback provided, and you hereby grant to us, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or services at any time at our sole discretion. If we choose to publish such feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you.

We may also monitor how you use the Beta Services and use that information to improve the Beta Services or our other products and services.

4. Intellectual Property

Except to the extent permitted by law, you agree not to modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to decipher any code in connection with the Beta Services and/or any other aspect of Monday Man technology.

You represent that you do not have a conflict of interest regarding us or the Beta Services.

5. Modification and Termination

We reserve the right to modify or terminate the Beta Program or the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you.

We reserve the right to update and amend these Terms. If we do, we will update the date at the bottom of these Terms. In case of significant changes, we will provide visible notification, such as on our website or by direct message.

You understand and agree that if you use the Beta Services after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.

These terms will remain in effect for as long as you use the Beta Services. These Terms will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate termination from use of other Beta Services, or use of Monday Man Services.

You may terminate your participation in the Beta Program or the Beta Services, at any time, by notifying us, uninstalling all applicable software, and ceasing using the Beta Services.

6. Disclaimer of Warranties

You hereby acknowledge and agree that the Beta Services are provided by us on an "as is" basis and "as available", and your access to, participation and/or use of Beta Program or Beta Services, is at your sole risk. To the extent permitted by applicable law, we expressly disclaim all warranties and you receive no warranties and conditions of any kind, whether express or implied, including, but not limited to, those of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement. We make no warranty that any of the services will meet your requirements and/or that the services will be uninterrupted, timely or error-free, nor do we make any warranty as to the results that may be obtained from the use of the services, or the accuracy of any other information obtained through the services. You understand and agree that any material and/or data downloaded or otherwise obtained by any of the services is done at your sole risk and that you will be solely responsible for any damage to your computer system and/or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by you from us or through the Beta Services shall create any warranty not expressly made herein.

7. Limitation of Liability and Indemnification

In no event shall we or our affiliates be liable for any indirect, special, consequential and/or incidental loss, exemplary or other damages related to these Terms and/or whether direct or indirect: (i) loss of data, (ii) loss of income, (iii) loss of opportunity, (iv) lost profits, and (v) costs of recovery or any other damages, however caused and based on any theory of liability, and whether or not for breach of contract, tort (including negligence), violation of statute, or otherwise, and whether or not we have been advised of the possibility of such damages. To the extent permitted by applicable law, our maximum liability hereunder is limited to $50.00.

You agree to hold harmless and indemnify us, our officers, directors, agents, and employees from and against any third-party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Beta Services and/or your participation in the Beta Program(s), or (iii) your violation of applicable laws, rules or regulations in connection with the Beta Services.

8. Confidential Information

You acknowledge and agree that: (i) the Beta Program and Beta Services constitute Confidential Information as defined in the Terms of Service (ii) the successful market launch of commercial versions of the Beta Services requires you to keep all Monday Man data and information discussed and/or made available through or contained in Beta Program, including, without limitation, the Beta Services strictly confidential; (iii) the premature release of any of the Confidential Information would damage our competitive and intellectual property interests; and (iv) information about the Beta Services shall not be shared with anyone other than other authorized users of the Beta Services, which may include users in your pertinent account(s).

9. Survival

Sections 4 (Intellectual Property), 7 (Limitation of Liability and Indemnification), 8 (Confidential Information), 9 (Survival), 10 (General), 11 (Severability) and the Sections of the Terms of Service outlined in the Survival Section therein, shall survive the termination or expiration of these Terms, and continue to be in force and effect in accordance with their applicable terms.

10. General

Compliance with Laws

You agree to comply with all applicable local, state, national, and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with their performance, participation, access and/or use of the Beta Services or Beta Program.

11. Severability

If a provision of these Terms is or becomes illegal, unenforceable, or invalid in any jurisdiction, it shall not affect (1) the enforceability or validity in that jurisdiction of any other provision of this Agreement, or (2) the enforceability or validity in other jurisdictions of that or any other provision of these Terms.

Monday Man Beta Terms Dated October 10, 2023.