monday AI Terms and Conditions

monday AI are services that include features, applications, bots, agents and other functionalities based on artificial intelligence and machine learning data models (“monday AI”). These monday AI Terms and Conditions (“monday AI Terms”) forms part of the monday.com Terms of Service or other agreement executed between the Parties governing the use and provision of monday.com Services (collectively “Agreement”), which incorporated herein by reference, and reflects the parties understanding regarding the enablement or use of monday AI. Please read carefully these monday AI Terms, and don’t use or enable monday AI if you don’t agree to be bound by these monday AI Terms.

1. General. Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. In case of any contradiction or inconsistency between the monday AI Terms and the Agreement, the monday AI Terms shall prevail.
2. Content.  You may provide or make available to monday AI content, such as, text, prompts and datasets (“Content”), and receive Content, configurations, actions or other AI based features generated by monday AI. Except as outlined in Section 3, and subject to other applicable terms, as between you and monday.com, you retain ownership of your Content and such Content shall be regarded as Customer Data. 
3. Configuration and Actions. monday AI may be used to generate configurations or arrangements, including of monday.com Materials or Services, or to perform or initiate actions (for example, via AI agents) (collectively “Configurations and Actions”). Notwithstanding anything to the contrary, any such Configurations and Actions requested by you and/or generated by monday AI shall not be regarded as Content. 
4. Responsibility for Use of monday AI. You are solely responsible for your use of monday AI, including any Content or Configurations and Actions it generates. This includes assessing whether such are appropriate, lawful, and suitable for their intended use. You acknowledge that generated Content or Configurations and Actions may be inaccurate or incomplete, and do not reflect the views or recommendations of monday.com, its Affiliates, or its Sub-Processors. Due to the nature of machine learning and artificial intelligence, other Customers and/or Users may generate identical or similar Content, Configurations and Actions.
5. Availability and Costs. Some monday AI features may be enabled by default in your Account, and some monday AI features may be subject to additional fees.
6. Restrictions. You will not use monday AI (a) to develop foundation or large scale models, or services that compete with monday AI or its AI models providers, or (b) in a manner that may: (i) violate any applicable law, (ii) breach these monday AI Terms, monday.com’s Agreement or applicable Acceptable Use Policies as defined in Section 8 below, (iii) infringe third party rights, including but not limited to intellectual property rights or privacy rights, (iv) falsely represent AI generated Content or Configurations and Actions as human generated, (v) perform automated decision making, including profiling, which may significantly impact individual rights without adequate safeguards, human oversight, and transparency, or (vi) use monday AI to infer sensitive attributes, such as race, political opinions, or sexual orientation, without explicit consent or authorization where required by law. 
7. Monitoring and Improvement. monday.com does not use Customer Data and/or Content to train machine learning data models and does not allow others to do so. Notwithstanding anything to the contrary in any applicable agreement between you and monday.com, we may access and use data of your interaction with, or use of monday AI in order to monitor and improve our Services, for example, to ensure that features work as intended, to comply with legal obligations, monitor, prevent, or debug abusive, unlawful or harmful activities, and to adapt our Services to better meet user needs. Such data will not be shared with third parties and may be retained by us for up to 60 days. An Admin can opt-out their Account from use of Customer Data and/or Content to improve our Services, by contacting our Support here or via ai-support@monday.com. To clarify, regardless of whether an Admin opts-out, such data will not be used to train models, as explicitly stated in this Section. 
8. Acceptable Use Policies. You acknowledge and agree that you must use monday AI in accordance with our Acceptable Use Policy, and that your use of monday AI is also subject to our AI related Sub-Processors’ policies, including OpenAI’s Content Policy, Sharing and Publication Policy and Community Guidelines, and, Anthropic’s Acceptable Use Policy (collectively “Acceptable Use Policies”).    
9. Disclaimer of Warranties. MONDAY.COM DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING MONDAY AI, ITS FEATURES, FUNCTIONALITIES, GENERATED CONTENT, CONFIGURATIONS AND ACTIONS, AND/OR RESULTS THAT MAY BE OBTAINED FROM USE OF MONDAY AI. USE OF MONDAY AI IS AT YOUR OWN RISK. MONDAY AI IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ״AS AVAILABLE״, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. MONDAY.COM AND ITS AFFILIATES, SUBCONTRACTORS, AGENTS, AND VENDORS (INCLUDING THIRD-PARTY SERVICE PROVIDERS) EXPRESSLY DISCLAIM ALL WARRANTIES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, COMPLETENESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY OR PERFORMANCE. MONDAY.COM DOES NOT WARRANT OR REPRESENT THAT MONDAY AI AND/OR ANY CONTENT, CONFIGURATION AND ACTIONS BE UNINTERRUPTED, ERROR FREE, NON-OFFENSIVE, FREE FROM THIRD PARTY RIGHTS, NON-HARMFUL OR LAWFUL. 
10. Indemnification. Notwithstanding monday.com’s indemnification obligations set forth in any applicable Agreement between you and us, such obligations shall not apply to or with respect to the use of monday AI, any Content generated by monday AI, and/or Configurations and Actions.
11. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONDAY.COM, ITS AFFILIATES AND THIRD PARTY PROVIDERS BE LIABLE FOR: (I) INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (III) LOSS OF, OR DAMAGE TO DATA, INTELLECTUAL PROPERTY, REVENUE, REPUTATION OR GOODWILL; (IV) DAMAGES ARISING FROM THE USE OF MONDAY AI IN VIOLATION OF THE AGREEMENT, ACCEPTABLE USE POLICIES OR APPLICABLE LAWS. THESE EXCLUSIONS AND LIMITATIONS ‎SHALL APPLY: (I) EVEN IF MONDAY.COM, ITS AFFILIATES OR THIRD-PARTY PROVIDERS, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THE AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (INCLUDING , BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT). IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF MONDAY.COM, ITS AFFILIATES, SUBCONTRACTORS, AGENTS, OR VENDORS (INCLUDING THIRD-PARTY SERVICE PROVIDERS) FOR ALL DAMAGES AND LOSSES RELATED TO YOUR USE OF MONDAY AI, EXCEED THE AMOUNTS YOU PAID TO MONDAY.COM SPECIFICALLY FOR THE MONDAY AI FEATURE GIVING RISE TO SUCH LIABILITY DURING THE 12 MONTHS PRECEDING THE EVENT. IF NO SPECIFIC PAYMENTS HAVE BEEN MADE FOR MONDAY AI FEATURES OR FOR AI CREDITS, MONDAY.COM’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES UNDER THESE MONDAY AI TERMS WILL NOT EXCEED USD $100. FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE IN LIEU OF AND NOT IN ADDITION TO, THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT BETWEEN THE PARTIES. ALL CLAIMS AND DAMAGES THAT MAY BE RECOVERED HEREUNDER MAY NOT BE RECOVERED UNDER ANY OTHER PROVISION, AGREEMENT, OR LEGAL THEORY, AND IN NO EVENT SHALL SUCH DAMAGES AND CLAIMS CAN BE RECOVERED TWICE. 
12. Term and Termination. You may access and use monday AI subject to your compliance with these monday AI Terms, the Agreement and Acceptable Use Policies. monday.com may modify these monday AI Terms without notice, terminate monday AI, or any part thereof, at its sole discretion and without liability to you. 
13. Survival. Sections 1 through 4, 6, 7, 9 through 11 will survive expiration or termination of these monday AI Terms.