The MonsterOps Terms & Conditions

1. License Grant.

The MonsterOps Services are owned by MonsterOps and are licensed, not sold, to you. We grant to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Site and to access, download, install and use the MonsterOps Services subject to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the MonsterOps Services ("Order Form") and any and all other terms and policies set forth in the MonsterOps Services. You acknowledge that the source code for the MonsterOps Services and other trade secrets embodied in the MonsterOps Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by MonsterOps.

2. Use of MonsterOps Services.

2.1 Registration: Unless you are visiting only the public areas of the Site, you are required to register and create an account to use the MonsterOps Services ("Account"). You agree that you will maintain and update your registration and account information to ensure it is current, complete and accurate and that we have the right to terminate your Account and use of the MonsterOps Service if you provide untrue, incomplete or inaccurate information.

2.2 Your Responsibilities: You are responsible for providing the equipment and services that you need to access, download, install and use the MonsterOps Services. MonsterOps does not guarantee that the MonsterOps Services are accessible on any particular equipment or device or with any particular software or service plan.

You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account with any other person.

You will use the MonsterOps Services only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the MonsterOps Services. You agree that you will not use the MonsterOps Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. You agree that you will not use the MonsterOps Services if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.

By using MonsterOps Services in any capacity, you agree that you will not participate in, encourage (or authorize any third party) to upload or input any information that could be seen as inflammatory or abusive. You also agree that you won't use MonsterOps Services for fraudulent or inappropriate purposes (which will be determined at our discretion). You agree that you will not participate in (or encourage third parties) to decipher or reverse engineer any technology used for competitive purposes.

If you use the MonsterOps Services on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. MonsterOps is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider.

Except as specifically permitted in these Terms or expressly authorized in writing by MonsterOps, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the MonsterOps Services; (b) use any of the MonsterOps Services in any service bureau arrangement; (c) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the MonsterOps Services; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c).

You are not permitted to: (w) remove or alter any copyright or other proprietary rights' notice or restrictive rights legend contained or included in any of the MonsterOps Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the MonsterOps Services; (y) use any means to discover the source code of the MonsterOps Services or to discover the trade secrets in the MonsterOps Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the MonsterOps Services.

You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the MonsterOps Services.

2.3 Our Responsibilities: MonsterOps is responsible for providing the MonsterOps Services in accordance with these Terms and all applicable laws, rules and regulations.

You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the MonsterOps Service ("Your Content" as defined in Section 3 below).

We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the MonsterOps Services (including Your Content as defined in Section 3 below). Vulnerability issues can be reported to vulnerability@monsterops.io.

MonsterOps reserves the right but is not obligated to improve, enhance or modify the MonsterOps Services. We will notify you in advance of changes to the MonsterOps Services that may significantly adversely affect the manner in which you use the MonsterOps Services or the manner in which the MonsterOps Services perform.

MonsterOps is not responsible for the content of Other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys' fees ("Claims") arising from your use of content, information, web sites, Software, services and other materials of third parties with which you may interact when you use the MonsterOps Services (collectively, "Other Services"). YOU ACCESS OTHER SERVICES ENTIRELY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OTHER SERVICES.

2.4 Availability: We use commercially reasonable efforts to make the MonsterOps Services available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, unscheduled downtime and/or any cause beyond our reasonable control (including without limitation natural disasters, wars, terrorist acts, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers' failures or delays and systemic electrical, telecommunications or other utility outages or failures).

2.5 Limitations: MonsterOps Services are subject to other limitations, such as limits on the amount of email sent as specified by your email provider.

3. Your Content.

The MonsterOps Services allow you to upload, transmit and use information and other content to and through the MonsterOps Services (collectively, "Your Content"). You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that MonsterOps will use Your Content to provide the MonsterOps Services to you. You have or will obtain all rights necessary to provide Your Content to MonsterOps and you hereby grant MonsterOps a worldwide license to use, reproduce, transmit, display and adapt your Content as necessary for MonsterOps to provide the MonsterOps Services to you in accordance with these Terms.

By transferring Your Content on or through the Service, you hereby do and shall grant MonsterOps a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. MonsterOps has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that MonsterOps may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

Information collected by your internet or mobile service provider and other third parties is used, stored, transferred and disclosed pursuant to your internet or mobile service provider's or the third party's terms, policies and practices.

We encourage you to carefully consider disclosure of any information that might be accessible to others. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the MonsterOps Services.

You can prevent support agents from accessing your account by changing the appropriate settings in your account but you understand that developers and super admins have the ability to access the database and therefore all data to maintain the service. You also revoke your right to benefit from our support as long as the option to prevent support agents from accessing your account is activated.

4. Paid MonsterOps Service.

MonsterOps offers MonsterOps Services for a fee ("Paid MonsterOps Service"). The Paid MonsterOps Service is provided to you for a monthly fee at the then-current rates as described at MonsterOps/pricing ("Fee Schedule"). MonsterOps reserves the right to change the Fee Schedule upon thirty (30) days advance notice to paying customers.

MonsterOps does not store, process or transmit any of your credit card data but relies entirely on Stripe, Inc. to handle these functions. Payments due for the Paid MonsterOps Services are subject to the terms of the online order process at https://stripe.com/terms. If you do not agree to Stripe's terms, then please do not sign up for the Paid MonsterOps Service.

Your Paid MonsterOps Service will not be activated until your first payment is received. Payments are due in accordance with the Fee Schedule every thirty (30) days in advance. Monthly fees are automatically charged to the credit card that you provided when you registered for the Paid MonsterOps Service. To cancel the Paid MonsterOps Service, simply got to your settings / billing and cancel there. Cancellation are requested immediately, but your credit card provider may require several days to process your cancellation request. We are not responsible for delays caused by your credit card company.

If payment in full of any amount owed to MonsterOps under these Terms is not received by MonsterOps within 15 days, MonsterOps will terminate your account and delete all your data without notice.

5. Warranties.

We warrant that we have validly entered into these Terms and have the legal power to do so. You warrant that (i) you have validly entered into these Terms and have the legal power to do so and (ii) you have all necessary rights, licenses, consents and permissions to use Your Content with the MonsterOps Services.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, YOU ACKNOWLEDGE THAT THE MONSTEROPS SERVICES ARE SUPPLIED TO YOU ON AN "AS IS" BASIS AND THAT USE OF THE MONSTEROPS SERVICES IS AT YOUR SOLE RISK. MONSTEROPS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE MONSTEROPS SERVICES AND THE USE, PERFORMANCE, OPERATION AND SUPPORT THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. MONSTEROPS DOES NOT WARRANT THAT (A) THE MONSTEROPS SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE MONSTEROPS SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE MONSTEROPS SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATIONS OR ANY PARTICULAR SYSTEMS OR DEVICES, (D) DEFECTS IN THE MONSTEROPS SERVICES WILL BE CORRECTED OR (E) THAT THE MONSTEROPS SERVICES WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. ANY ORAL OR WRITTEN ADVICE PROVIDED BY MONSTEROPS OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability.

MONSTEROPS'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THE DELIVERY, USE OR PERFORMANCE OF THE MONSTEROPS SERVICES OR THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) WILL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT; PROVIDED THAT IN NO EVENT SHALL MONSTEROPS'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING LIMITATION WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS.

IN NO EVENT WILL MONSTEROPS BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE MONSTEROPS SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF MONSTEROPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms of these Terms and that MonsterOps would not be willing to grant you the rights set forth in these Terms but for your agreement to these limitations of liability.

7. Ownership.

The MonsterOps Services, including the "look and feel" (e.g., text, graphics, images, logos), content and other material are automatically protected by copyright, irrespective of whether copyright is asserted or not. You acknowledge and agree that MonsterOps owns all right, title and interest in and to the MonsterOps Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of MonsterOps's copyrights, patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms. Any and all (a) suggestions for correction, change and modification to the MonsterOps Services, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to MonsterOps by you (collectively, "Feedback")), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by MonsterOps or otherwise relating to the MonsterOps Services (collectively, "Revisions"), are and will remain the property of MonsterOps. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the MonsterOps Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of MonsterOps and MonsterOps may use and disclose Feedback and Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to MonsterOps any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. Upon request by MonsterOps, you will execute any document, registration or filing required to give effect to the foregoing assignment.

8. Indemnification.

You agree to indemnify and defend MonsterOps and its affiliates, directors, officers, employees and agents from and against all Claims brought against MonsterOps by any third party arising from your use of the MonsterOps Services or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this Section 8 apply to any applicable actions taken under your Account. MonsterOps reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of MonsterOps may be made without MonsterOps's prior written approval.

9. Modifications to Terms.

We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the MonsterOps Services after the "Last Revised" date at the top of this page. Your continued access or use of the MonsterOps Services after the modifications become effective is deemed your conclusive acceptance of the modified Terms.

10. Termination of Use; Discontinuation and Modification of the Service.

You may terminate your account at any time by contacting customer service at support@monsterops.io. In addition, MonsterOps may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

These Terms will automatically terminate when you fail to comply with any term or condition of these Terms. Upon termination, you will cease all use of the MonsterOps Services and will destroy any copy (full or partial) of any and all parts of the MonsterOps Services in your possession or control. Termination will not limit any of MonsterOps's other rights or remedies at law or in equity. This Section 11 along with Sections 6, 7 and 8 will survive any termination or expiration of these Terms.

11. Export Laws.

You agree that you will not export or re-export, directly or indirectly, the MonsterOps Services and/or other information or materials provided by MonsterOps hereunder, to any country for which Switzerland or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense, with all applicable Swiss export laws and regulations.

12. Taxes.

You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the MonsterOps Services by any authority.

13. Remedies.

You agree that a breach or a threatened breach of these Terms will cause injury to MonsterOps for which money damages will not provide an adequate remedy and MonsterOps will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

14. Miscellaneous.

These Terms may not be modified except by a writing executed by the duly authorized representatives of MonsterOps. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party's successors and assigns. These Terms and the licenses granted hereunder may be assigned by MonsterOps but you may not assign them without the prior express written consent of MonsterOps. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. If either party fails to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein are for convenience only. These Terms are governed by and construed and enforced in accordance with Swiss law, and is binding upon the parties hereto in Switzerland and worldwide. You and MonsterOps agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms and that only Swiss law is applicable. For disputes involving an amount less than $10,000, the parties agree to resolve the dispute through binding arbitration to be held in Zurich, Switzerland. Any claim arising out of these Terms, the MonsterOps Services must be brought within one (1) year of the date on which the claim arose. These Terms, together with our Privacy Policy, contain the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

Please direct questions regarding these Terms to support@monsterops.io with "Terms of Service" in the subject line.

HCG Partners GmbH

Blegistrasse 11B

6340 Baar

Switzerland

monsterops