These Terms of Service govern access to and use of MonsterOps, a
business operating system provided by HCG Partners GmbH. They apply to
the MonsterOps website, application, APIs, Model Context Protocol tools,
artificial intelligence features, integrations, and related services. By
creating an account, accepting an Order Form, or using the Services, the
Customer agrees to these Terms.
If an individual accepts these Terms for a company or other
organization, that individual confirms that they have authority to bind
that organization. If they do not have that authority, they must not
accept these Terms or use the Services on the organization's behalf.
1 Definitions
Account. the account through which a Customer and its
Authorized Users access the Services.
Affiliate. an entity that directly or indirectly
controls, is controlled by, or is under common control with a party.
Control means ownership of more than 50% of the voting interests or
the power to direct the entity's management.
AI Features. features that use artificial
intelligence or machine learning, including MonsterAI, automated
summaries, recommendations, and AI-assisted support.
AI Subprocessor. a third-party provider of artificial
intelligence or machine-learning services that processes Customer Data
or Personal Data on MonsterOps' behalf.
Authorized User. an individual whom the Customer
permits to access the Services through the Customer's Account.
Confidential Information. non-public information
disclosed by one party to the other that is marked confidential or
should reasonably be understood as confidential because of its nature
or the circumstances of disclosure. Customer Data is Customer
Confidential Information.
Customer. the individual or legal entity that accepts
these Terms, creates an Account, or enters into an Order Form for the
Services.
Customer Data. data, content, records, and
information submitted to, stored in, generated through, or transmitted
through the Services by or for the Customer or its Authorized Users.
Customer Data includes Rocks, objectives, KPIs, Issues, To-Dos,
meeting content, comments, organizational information, and uploaded
files.
Documentation. MonsterOps user guides, technical
documentation, and policies made available for the Services.
Order Form. an ordering document, online checkout,
proposal, or other written agreement that identifies a subscription,
plan, price, or additional service and incorporates these Terms.
Personal Data. information relating to an identified
or identifiable natural person, or information treated as personal
data or personal information under applicable data-protection law.
Security Incident. unauthorized access to,
acquisition of, disclosure of, alteration of, or destruction of
Customer Data in MonsterOps' possession or control. Unsuccessful
attempts that do not compromise Customer Data are not Security
Incidents.
Services. the MonsterOps website, hosted application,
APIs, MCP tools, AI Features, integrations, support, Documentation,
and related services provided by MonsterOps.
Subprocessor. a third party engaged by MonsterOps to
process Personal Data on the Customer's behalf in connection with the
Services.
Subscription Term. the period during which the
Customer is entitled to access a paid plan, as stated in the
applicable Order Form or checkout.
MonsterOps. HCG Partners GmbH, Blegistrasse 11B, 6340
Baar, Switzerland.
2 Access to the Services
2.1 Service right. Subject to these Terms and the
applicable Order Form, MonsterOps grants the Customer a limited,
non-exclusive, non-transferable right during the applicable
Subscription Term to access and use the Services for the Customer's
internal business purposes.
2.2 Accounts and users. The Customer is responsible
for designating Authorized Users, maintaining accurate Account
information, and managing user access. Accounts and authentication
credentials must not be shared between individuals. The Customer is
responsible for activity performed through its Account except to the
extent caused by MonsterOps' breach of these Terms.
2.3 Eligibility. The Services are intended for
business use by individuals who are at least 18 years old and legally
capable of entering into a binding agreement.
2.4 Advisers and coaches. The Customer may permit its
employees, contractors, advisers, coaches, and other Authorized Users
to use the Services on its behalf. The Customer remains responsible
for their compliance with these Terms.
2.5 Free plans and trials. These Terms apply to free
plans, trials, previews, and beta access. MonsterOps may modify or
discontinue a free plan or trial on reasonable notice, except where
immediate action is required for security, legal, or abuse-prevention
reasons.
3 Customer Responsibilities
3.1 Lawful use. The Customer will use the Services
only in accordance with applicable law, these Terms, the
Documentation, and any reasonable usage limits disclosed for the
applicable plan.
3.2 Customer Data. The Customer is responsible for
the accuracy, quality, legality, and origin of Customer Data and for
obtaining the rights, notices, and consents required to submit and
process it through the Services.
3.3 Security. The Customer will use reasonable
efforts to prevent unauthorized access to the Services, protect
authentication credentials, keep Authorized User access current, and
promptly notify MonsterOps of suspected unauthorized access or misuse.
3.4 Prohibited use. The Customer and Authorized Users
must not:
-
use the Services for unlawful, fraudulent, abusive, deceptive, or
harmful activity;
-
upload or transmit material that infringes intellectual property,
privacy, confidentiality, or other rights;
-
introduce malware or interfere with the security, integrity,
availability, or performance of the Services;
-
attempt to gain unauthorized access to the Services, another
customer's data, or related systems or networks;
-
reverse engineer, decompile, disassemble, or attempt to discover
source code except to the limited extent such restriction is
prohibited by law;
-
copy, frame, mirror, resell, rent, sublicense, or provide the
Services as a service bureau without MonsterOps' written permission;
-
use the Services or outputs to build or train a directly competing
product through automated extraction or systematic copying; or
-
circumvent applicable plan limits, access controls, or technical
protections.
4 Customer Data
4.1 Ownership. As between the parties, the Customer
retains all right, title, and interest in and to Customer Data. These
Terms do not transfer ownership of Customer Data to MonsterOps.
4.2 Limited licence. The Customer grants MonsterOps
and its Subprocessors a worldwide, non-exclusive, limited-term licence
to host, copy, process, transmit, display, adapt, analyze, and back up
Customer Data only as reasonably necessary to provide, secure,
maintain, support, and improve the Services; create Aggregated
Statistics as described in Section 4.3; comply with the Customer's
instructions; and meet legal obligations. This licence ends when
Customer Data is deleted from MonsterOps' active systems and backups,
except for data retained as required by law and Aggregated Statistics
described below.
4.3 Aggregated Statistics. MonsterOps may compile
statistics about how the Services are used across its customer base,
including free and trial Accounts. Examples include the number of
meetings held, the share of users who are active, common KPI
categories, Rock completion trends, the average number of milestones
per objective, and how operational results change over time
('Aggregated Statistics').
Aggregated Statistics may be calculated from Customer Data, including
KPI values, but:
(a) each figure disclosed outside MonsterOps combines data from
Accounts belonging to at least 10 different Customers;
(b) they do not disclose underlying Customer Data, such as individual
KPI values, meeting notes, or the text of Issues; and
(c) no Customer, Authorized User, or individual can be identified from
them without disproportionate effort.
MonsterOps may use, publish, and disclose Aggregated Statistics,
including on its website and in reports, white papers, and marketing
materials. Aggregated Statistics created in accordance with this
Section are not Customer Data. MonsterOps does not sell Customer Data
or Aggregated Statistics.
4.4 Data export. During an active subscription, the
Customer may export available Customer Data using the Services or
request reasonable assistance from support. Following expiration or
termination, MonsterOps will make Customer Data available for export
for at least 30 days unless the Account was terminated for unlawful
activity, a security threat, or a legal prohibition.
4.5 Deletion and abuse prevention. After the export
period, MonsterOps may delete Customer Data from active systems;
encrypted backups may remain until their ordinary expiry. To prevent
fraud, abuse, chargebacks, unauthorized access, evasion of
restrictions, or repeat registration, and to comply with law, resolve
disputes, or enforce the agreement, MonsterOps may retain limited
account, billing, payment, authentication, and security identifiers.
These may include email addresses or domains, IP addresses, device or
network identifiers, payment-provider IDs, and payment-card
fingerprints or tokens, but never complete card details. Access is
restricted; records are not used for marketing and are kept only as
long as reasonably necessary. Additional details are provided in the
Privacy Policy and any applicable Data Processing Agreement.
5 Confidentiality
5.1 Protection. Each receiving party will use the
other party's Confidential Information only to perform or exercise
rights under the agreement. It will protect that information using at
least reasonable care and no less care than it uses for its own
confidential information of similar importance.
5.2 Permitted access. A receiving party may disclose
Confidential Information only to its employees, contractors,
professional advisers, Affiliates, and Subprocessors who need the
information for purposes consistent with the agreement and who are
subject to confidentiality obligations at least as protective as those
in these Terms.
5.3 Exclusions. Confidential Information does not
include information that the receiving party can demonstrate was
lawfully known without restriction before disclosure, becomes public
without breach of an obligation, is received lawfully from a third
party without confidentiality restrictions, or is independently
developed without use of the disclosing party's Confidential
Information.
5.4 Required disclosure. A receiving party may
disclose Confidential Information when legally required. Where legally
permitted, it will give the disclosing party reasonable prior notice
and assistance if the disclosing party wishes to seek protective
treatment.
5.5 Customer references. Unless the Customer requests
anonymity by contacting MonsterOps, MonsterOps may identify the
Customer by company name and logo as a user of the Services on its
website, customer lists, and marketing materials. MonsterOps will stop
new references and remove the name and logo from digital materials it
controls within a reasonable period after receiving an opt-out
request. Use of the Customer's other trademarks, testimonials, case
studies, or identifiable Customer Data requires prior permission.
6 Administrative Access
6.1 Purposes of access. Authorized MonsterOps
personnel and contractors may access Customer Data only when necessary
to:
(a) provide support requested by the Customer or an Authorized User;
(b) diagnose and fix a technical problem affecting the Services;
(c) investigate suspected abuse, fraud, unauthorized access, or a
Security Incident;
(d) comply with applicable law or a binding order from a court or
authority;
(e) understand how customers use the Services so MonsterOps can
design, improve, and prioritize product features; or
(f) carry out another instruction the Customer has given in writing.
6.2 Authorized personnel. Only personnel and
contractors whose role requires it may access Customer Data. They must
be bound by confidentiality obligations and use two-factor
authentication. MonsterOps will promptly remove access when a person's
role changes or their employment or engagement ends.
6.3 Changes to Customer Data. MonsterOps personnel
and contractors will not create, change, or delete Customer Data
except when the Customer asks them to, or when it is necessary to
restore service or contain a Security Incident.
6.4 Confidentiality. All Customer Data accessed under
this Section is Confidential Information and is subject to Section 5.
7 Artificial Intelligence
7.1 AI Features. The Services may use AI Features to
answer questions, generate meeting summaries, create recommendations,
assist support, or perform other functions described in the Services.
AI Features may be initiated by an Authorized User, configured by the
Customer, run automatically by MonsterOps as part of the Services, or
used by authorized MonsterOps personnel and contractors when necessary
to provide support requested by the Customer or an Authorized User or
diagnose a technical problem. Support use is subject to the safeguards
in Section 6. When an AI Feature runs, relevant Customer Data may be
transmitted to an AI Subprocessor to perform the task. MonsterOps may
also use AI Features and approved AI Subprocessors to analyze Customer
Data for the limited purpose of creating Aggregated Statistics under
Section 4.3.
7.2 Data use and training. MonsterOps does not use
Customer Data to train shared artificial intelligence models.
MonsterOps uses commercial or API services whose applicable terms
restrict use of submitted business data for model training unless the
Customer expressly directs or opts in to such use. AI-generated
analyses created for MonsterOps' benchmarking, research, or marketing
purposes may be used only after they qualify as Aggregated Statistics
under Section 4.3.
7.3 AI controls. Availability of workspace-wide AI
disablement or other AI governance controls depends on the applicable
plan. If AI Features are disabled, some functionality may be
unavailable. Disabling MonsterOps AI Features does not control AI
services independently connected by the Customer through an
integration, API, or MCP client.
7.4 AI output. AI-generated output may be incomplete,
inaccurate, or unsuitable for a particular purpose. The Customer and
Authorized Users must review AI output before relying on it. AI
Features are intended to assist human judgment and do not make
employment, legal, financial, or other decisions producing legal or
similarly significant effects on behalf of the Customer.
8 Privacy and Data Protection
8.1 Privacy Policy. MonsterOps will process Personal
Data in accordance with the MonsterOps Privacy Policy, which is
incorporated into these Terms by reference.
8.2 Data Processing Agreement and instructions. Where
MonsterOps processes Personal Data on the Customer's behalf, the
MonsterOps Data Processing Agreement applies and is incorporated into
these Terms. The Customer instructs MonsterOps to process Personal
Data as necessary to provide the Services. Where MonsterOps processes
Personal Data for the purposes in Sections 4.3 and 6.1(e), it does so
as an independent controller, as described in the Privacy Policy. If
there is a conflict concerning processing on the Customer's behalf,
the Data Processing Agreement prevails.
8.3 Subprocessors. MonsterOps may use Subprocessors
to provide the Services. MonsterOps remains responsible for its
Subprocessors' performance of their data-protection obligations to the
extent required by applicable law. The current Subprocessor list
identifies their functions and relevant processing locations.
8.4 Customer obligations. The Customer is responsible
for determining whether the Services are appropriate for the
Customer's intended processing and for providing required notices and
lawful instructions to MonsterOps. Unless expressly agreed in writing,
the Services are not designed for protected health information,
payment-card data, government-classified data, or other information
subject to specialized regulatory requirements.
9 Security
9.1 Safeguards. MonsterOps will maintain commercially
reasonable administrative, technical, and organizational safeguards
designed to protect the confidentiality, integrity, and availability
of Customer Data. Safeguards may include access controls,
authentication protections, encryption, monitoring, backups,
vulnerability management, and incident-response procedures, as
appropriate to the Services and MonsterOps' size and risk profile.
9.2 Security Incidents. MonsterOps will notify the
Customer without undue delay after becoming aware of a Security
Incident affecting the Customer. MonsterOps will provide information
reasonably available about the nature and likely consequences of the
incident, the data affected, and mitigation or remediation measures,
and will reasonably cooperate with the Customer's legally required
response.
9.3 No absolute security. No online service can
guarantee complete security or uninterrupted availability. MonsterOps'
obligations under this Section are obligations to maintain reasonable
safeguards, not a guarantee that a Security Incident will never occur.
10 Third Party Services and Integrations
10.1 Optional integrations. The Customer may choose
to connect the Services to third-party products, including
project-management platforms, automation services, identity providers,
AI tools, or other systems. The Customer authorizes MonsterOps to
exchange Customer Data with those services as directed by the
Customer.
10.2 Third-party terms. Third-party services are
governed by their own terms and privacy practices. MonsterOps does not
control and is not responsible for a third-party service, including
changes, downtime, data handling, or actions taken through credentials
or permissions granted by the Customer.
10.3 API and MCP clients. The Customer is responsible
for applications and AI clients it connects through the MonsterOps API
or MCP tools, including their security, instructions, permissions, and
use of retrieved Customer Data.
11 Service Availability and Changes
11.1 Availability. MonsterOps will use commercially
reasonable efforts to make the Services available 24 hours a day,
seven days a week, excluding planned maintenance, emergency
maintenance, third-party outages, Customer-caused unavailability, and
events beyond MonsterOps' reasonable control.
11.2 Service changes. MonsterOps may update and
improve the Services. MonsterOps will provide reasonable advance
notice of a change that materially reduces core paid functionality
during a current Subscription Term, unless the change is necessary to
address security, legal, third-party, or technical requirements.
11.3 Beta features. Features identified as beta,
preview, experimental, or early access may be changed or discontinued
at any time and are provided without a service-level commitment. The
Customer should not rely on a beta feature for critical operations.
12 Fees Billing and Taxes
12.1 Fees. Fees, billing frequency, plan features,
and the Subscription Term are stated in the Order Form or checkout.
Except where expressly stated otherwise, fees are based on the
subscription purchased rather than actual usage and are payable in
advance.
12.2 Automatic renewal. Paid subscriptions renew
automatically for successive periods equal to the preceding
Subscription Term unless the Customer cancels before the renewal date.
MonsterOps may change pricing for a future renewal by giving at least
30 days' notice.
12.3 Payment processing. Payments may be processed by
Stripe or another disclosed payment provider. MonsterOps does not
store complete payment-card details. The Customer authorizes the
payment provider to charge the selected payment method for amounts
due.
12.4 Taxes. Fees exclude applicable taxes unless
stated otherwise. The Customer is responsible for taxes charged on its
purchase of the Services, except taxes based on MonsterOps' income.
12.5 Refunds. Fees are non-refundable except as
required by law or under a trial, refund policy, or money-back
guarantee expressly offered at the time of purchase. Cancellation
prevents future renewal but does not generate a prorated refund for
the current Subscription Term.
12.6 Late payment. If payment remains overdue after
notice, MonsterOps may suspend paid functionality or the Account.
Suspension does not eliminate the Customer's obligation to pay amounts
already due.
13 Suspension
13.1 Grounds. MonsterOps may suspend access if
reasonably necessary to prevent or address a security threat, abuse of
the Services, unlawful activity, material breach, harm to another
customer or the Services, non-payment, or a legal requirement.
13.2 Notice and restoration. Where practicable,
MonsterOps will notify the Customer before suspension. MonsterOps may
suspend the entire Account, but may limit the suspension to an
affected Authorized User where the issue is clearly limited to that
individual. MonsterOps will restore access after the issue is
resolved, subject to payment of overdue amounts and reasonable
verification.
14 Term and Termination
14.1 Term. These Terms begin when the Customer first
accepts them or uses the Services and continue until all Accounts and
Subscription Terms have ended.
14.2 Customer cancellation. The Customer may cancel
renewal through the billing settings or by contacting support. Unless
an Order Form states otherwise, cancellation takes effect at the end
of the current Subscription Term.
14.3 Termination for breach. Either party may
terminate the agreement if the other party materially breaches it and
does not cure the breach within 30 days after written notice. No cure
period is required if the breach cannot reasonably be cured, involves
unlawful or fraudulent activity, or creates an urgent security risk.
14.4 Termination by MonsterOps.
(a) MonsterOps may terminate a free Account on at least 30 days'
notice.
(b) MonsterOps may decide not to renew a paid subscription by giving
the Customer at least 90 days' notice. Non-renewal takes effect at the
end of the first Subscription Term that ends at least 90 days after
notice. The Customer may cancel earlier under Section 14.2.
(c) In each case, the export period in Section 4.4 applies. This
Section does not limit MonsterOps' rights under Sections 13 and 14.3.
14.5 Effect of termination. When termination takes
effect, the Customer's right to use the Services ends, subject to the
export period in Section 4.4. Sections that by their nature should
survive will survive, including ownership, confidentiality, payment
obligations, disclaimers, liability limitations, indemnification,
governing law, and provisions concerning retained data.
15 Intellectual Property
15.1 MonsterOps technology. MonsterOps and its
licensors retain all right, title, and interest in the Services,
Documentation, software, designs, interfaces, trademarks, and related
intellectual property. No rights are granted except the limited access
right stated in these Terms.
15.2 Feedback. If the Customer or an Authorized User
provides suggestions, ideas, or feedback about the Services,
MonsterOps may use them without restriction or compensation. Feedback
does not include Customer Data or the Customer's Confidential
Information.
15.3 Brand use. Except for MonsterOps' use of the
Customer's company name and logo as permitted by Section 5.5, neither
party may use the other party's name, logo, or trademarks except with
permission or as necessary to identify the parties in a private
contractual or support context.
16 Warranties
16.1 Mutual authority. Each party warrants that it
has authority to enter into the agreement.
16.2 Service warranty. MonsterOps warrants that it
will provide the paid Services with reasonable skill and care and
materially in accordance with the Documentation. The Customer's
exclusive remedy for a breach of this warranty is for MonsterOps to
use reasonable efforts to correct the nonconformity or, if correction
is not commercially reasonable, terminate the affected paid Service
and refund prepaid fees for the unused period.
16.3 Customer warranty. The Customer warrants that it
has the rights and lawful basis necessary for MonsterOps to process
Customer Data as contemplated by the agreement.
17 Disclaimers
17.1 General disclaimer. Except for the express
warranties in these Terms and to the maximum extent permitted by law,
the Services are provided as available. MonsterOps disclaims implied
warranties of merchantability, fitness for a particular purpose,
non-infringement, and uninterrupted or error-free operation.
17.2 Business decisions. MonsterOps provides tools
for organizing information, meetings, execution, and decision support.
MonsterOps does not provide legal, accounting, financial, employment,
management-consulting, or other professional advice and does not
guarantee a business result.
17.3 Third-party and AI output. MonsterOps is not
responsible for third-party services or for decisions made from
AI-generated output. The Customer remains responsible for reviewing
outputs and making business and employment decisions.
18 Limitation of Liability
18.1 Excluded damages. To the maximum extent
permitted by law, neither party will be liable for indirect,
incidental, special, exemplary, punitive, or consequential damages, or
for loss of profits, revenue, goodwill, business opportunity, or
anticipated savings, arising from the agreement, even if advised that
such damages were possible.
18.2 Liability cap. Except for Excluded Claims, each
party's total aggregate liability arising out of or relating to the
agreement will not exceed the fees paid or payable by the Customer for
the Services during the 12 months immediately before the event giving
rise to liability. For a free Account, MonsterOps' aggregate liability
will not exceed CHF 100.
18.3 Excluded Claims. The limitations in Sections
18.1 and 18.2 do not apply to payment obligations, breach of the other
party's intellectual property rights, fraud, wilful misconduct, gross
negligence, death or personal injury caused by negligence, or
liability that cannot lawfully be limited or excluded. Nothing in
these Terms excludes liability contrary to mandatory Swiss law.
19 Indemnification
19.1 Customer indemnity. The Customer will defend
MonsterOps against a third-party claim arising from Customer Data, the
Customer's unlawful use of the Services, or the Customer's material
breach of Section 3, and will pay damages and reasonable external
legal costs finally awarded or agreed in a settlement approved by the
Customer.
19.2 MonsterOps intellectual property indemnity. For
a paid subscription, MonsterOps will defend the Customer against a
third-party claim that the unmodified Services, when used as
authorized, infringe that third party's intellectual property rights,
and will pay damages and reasonable external legal costs finally
awarded or agreed in a settlement approved by MonsterOps. MonsterOps
has no obligation for claims arising from Customer Data, third-party
services, modifications not made by MonsterOps, or use contrary to the
Documentation or these Terms.
19.3 Process. The indemnified party must promptly
notify the indemnifying party, provide reasonable cooperation at the
indemnifying party's expense, and allow the indemnifying party to
control the defense and settlement. No settlement may admit fault by
or impose a non-monetary obligation on the indemnified party without
its consent, which will not be unreasonably withheld.
19.4 Infringement remedies. If the Services are or
may be subject to an infringement claim, MonsterOps may obtain the
right to continue providing them, modify or replace the affected
functionality, or terminate the affected Service and refund prepaid
fees for the unused period.
20 Modifications to These Terms
20.1 Updates. MonsterOps may update these Terms from
time to time. MonsterOps will post the revised Terms with an updated
effective date.
20.2 Material changes. MonsterOps will give
reasonable advance notice by email or in the Services before a
material change takes effect, unless an immediate change is required
by law, security, or a third-party dependency. If the Customer does
not accept a material change, it may cancel its subscription before
the change takes effect. Continued use after the effective date
constitutes acceptance.
21 Export Control and Sanctions
21.1 Compliance. Each party will comply with
applicable export-control and sanctions laws. The Customer will not
permit access to or use of the Services in violation of such laws or
by a person or entity subject to applicable trade restrictions.
22 Governing Law and Disputes
22.1 Governing law. The agreement is governed by the
substantive laws of Switzerland, without regard to conflict-of-law
rules. The United Nations Convention on Contracts for the
International Sale of Goods does not apply.
22.2 Good-faith resolution. Before filing
proceedings, each party will make reasonable efforts to resolve a
dispute through good-faith discussions between representatives
authorized to settle it, unless urgent interim or injunctive relief is
required.
22.3 Jurisdiction. The courts of the Canton of Zug,
Switzerland, have exclusive jurisdiction over disputes arising out of
or relating to the agreement, subject to any mandatory jurisdiction
required by law.
23 Notices
23.1 Customer notices. MonsterOps may send
operational and contractual notices to the Account owner's email
address, display them in the Services, or both. The Customer must keep
its contact information current.
23.2 Notices to MonsterOps. Legal notices to
MonsterOps must be sent to support@monsterops.io with 'Legal Notice'
in the subject line and by registered post to HCG Partners GmbH,
Blegistrasse 11B, 6340 Baar, Switzerland. A notice is effective when
received.
24 General
24.1 Order of precedence. If documents conflict, the
following order applies: an expressly negotiated Order Form, the Data
Processing Agreement for data-protection matters, these Terms, and the
Documentation. A purchase order issued by the Customer does not modify
the agreement unless MonsterOps expressly agrees in writing.
24.2 Assignment. Neither party may assign the
agreement without the other party's prior written consent, which will
not be unreasonably withheld. Either party may assign the agreement
without consent to an Affiliate or in connection with a merger,
reorganization, acquisition, or sale of substantially all assets
relevant to the agreement, provided the assignee assumes the assigning
party's obligations.
24.3 Force majeure. Neither party is liable for delay
or failure caused by events beyond its reasonable control, including
natural disasters, war, civil unrest, governmental action, labor
disputes, internet or utility failures, cyberattacks not caused by its
failure to maintain reasonable safeguards, or failures of essential
third-party providers. This Section does not excuse payment
obligations.
24.4 Independent contractors. The parties are
independent contractors. The agreement does not create a partnership,
joint venture, fiduciary, agency, franchise, or employment
relationship.
24.5 No third-party beneficiaries. The agreement does
not create rights for any third party, except as expressly stated in
an indemnification provision.
24.6 Waiver. A failure or delay to exercise a right
is not a waiver. A waiver must be in writing and applies only to the
specific instance stated.
24.7 Severability. If a provision is held
unenforceable, it will be modified to the minimum extent necessary to
make it enforceable, and the remaining provisions will continue in
effect.
24.8 Entire agreement. The Terms, applicable Order
Forms, Privacy Policy, Data Processing Agreement, and documents
expressly incorporated by reference form the entire agreement
concerning the Services and supersede prior or contemporaneous
proposals and representations on that subject.
24.9 Language. The English version of these Terms
controls unless mandatory law requires otherwise. Any translation is
provided for convenience.
24.10 Contact. Questions about these Terms may be
sent to support@monsterops.io.