monday AI Terms and Conditions
monday AI includes offerings, features, products, applications, bots, agents and other functionalities based on artificial intelligence and machine learning data models that are provided by monday.com as Services (“monday AI”).
These monday AI Terms and Conditions (“monday AI Terms”) form part of the monday.com Terms of Service or other agreement executed between the parties governing the use and provision of the monday.com Services (collectively “Agreement”), which is incorporated herein by reference, and reflect the parties’ understanding regarding the enablement or use of monday AI.
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. As used in these monday AI Terms the terms “you” or “your” shall refer to Customer and the term “we” “us” and “our” shall refer to monday.com.
2. Content. You and your Users may provide or make available to monday AI content, such as, text, prompts and datasets, and any other data you or your Users submit to the monday AI (“Input”) and receive output based on such Input (“Output”). Input and Output are referred to together as “Content”. As between you and monday.com, you retain ownership of your Content which shall be regarded as Customer Data. All monday.com Materials and Services are and shall remain the exclusive property of monday.com. You acknowledge that (i) due to the nature of machine learning and artificial intelligence, other monday.com customers and/or their users may generate identical or similar, output a, similar to those included in monday AI or monday.com Materials; (ii) Output may be inaccurate, incomplete and does not reflect the views or recommendations of monday.com, its Affiliates, vendors, third party services providers or Third Party Agents.
3. Responsibility for Use of monday AI. You are solely responsible for your and your Users’ use of monday AI, including, but not limited to: (i) any Content used in connection with or generated through its use, use of AI agents; (ii) interactions or communications with third party tools, websites or persons; (iii) any use of the Services through use of monday AI (iv) ensuring you and your Users comply with applicable laws, regulations, and the monday.com documentation in connection with your use of monday AI; (v) providing and/or obtaining required notices and consents if you use the Services to interact or otherwise engage with any third party; and (vi) reviewing any Output and ensuring it is appropriate for your use.
4. Restrictions. You will not use monday AI (a) to develop, train, or improve any artificial intelligence models, or services that compete with monday AI, its AI models providers or the Services, including by using monday AI to extract, infer, reverse engineer, replicate, or otherwise attempt to derive models, systems, methodologies, underlying technologies or the Services; or (b) in a manner that may: (i) violate any applicable law, (ii) breach these monday AI Terms, the Agreement or applicable Acceptable Use Policies as defined in Section 7 below, (iii) infringe third party rights, including but not limited to intellectual property rights or privacy rights, (iv) falsely represent Content as human generated, (v) perform automated decision making, including profiling, which may significantly impact individual rights without adequate safeguards, human oversight, and transparency, (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; and (vii) to impersonate any person, organization, or entity, or (vii) to engage in unlawful, fraudulent, misleading, or deceptive activities, including misrepresenting the origin of communications.
5. Availability and Costs. monday AI may be subject to additional fees.
6. Monitoring and Improvement. monday.com does not use Customer Data and/or Content to train artificial intelligence models and does not allow others to do so. Notwithstanding anything to the contrary in the Agreement, we may access and use data of your interaction with, and your use of monday AI in order to monitor and improve the 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. Your Admin(s) can opt-out yourAccount from use of Customer Data and/or Content to improve our Services, by contacting our Support here or via [email protected]. To clarify, regardless of whether your Admin(s) opts-out, such data will not be used to train models.
7. 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 model providers policies, as outlined in monday.com AI Acceptable Use Policies page as may be updated from time to time (collectively “Acceptable Use Policies”).
8. Disclaimer of Warranties. MONDAY.COM DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING MONDAY AI, ITS FEATURES, FUNCTIONALITIES, GENERATED CONTENT, 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 WILL BE UNINTERRUPTED, ERROR FREE, OR THAT THE CONTENT WILL BE NON-OFFENSIVE, FREE FROM THIRD PARTY RIGHTS, NON-HARMFUL OR LAWFUL.
9. Indemnification by monday.com. Notwithstanding monday.com’s indemnification obligations set forth in the Agreement, such obligations shall not apply with respect to the use of monday AI or the Content.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EITHER IN THE AGREEMENT OR ELSEWHERE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MONDAY.COM, ITS AFFILIATES, SUBCONTRACTORS, AGENTS, VENDORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR DAMAGES ARISING OUT OF OR RELATING TO: (A) THE COMBINATION OF MONDAY AI AND/OR CONTENT WITH ANY PRODUCTS, SERVICES, OR SOFTWARE NOT PROVIDED BY MONDAY.COM OR ON ITS BEHALF; (B) CONTENT PROVIDED BY THE CUSTOMER OR ITS USERS OR CREATED BY MONDAY AI INCLUDING ANY INACCURACIES OR OMISSIONS THEREIN, AND ANY MODIFICATIONS TO THE FOREGOING BY ANY PARTY OTHER THAN MONDAY.COM OR ITS AUTHORIZED REPRESENTATIVES; (C) THE CUSTOMER’S OR ITS USERS’ USE OF MONDAY AI IN NON-COMPLIANCE WITH THESE MONDAY AI TERMS, THE ACCEPTABLE USE POLICIES, APPLICABLE LAWS, REGULATIONS, OR INDUSTRY STANDARDS, OR OTHERWISE IN A MANNER INCONSISTENT WITH THE DOCUMENTATION OR INTENDED USE OF THE SERVICES, TO THE EXTENT THE CLAIM WOULD NOT HAVE ARISEN BUT FOR SUCH USE.
11. Term and Termination. During the Subscription Term, 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, at its sole discretion and without liability to you.
12. Survival. Sections 1 through 4, 6 through 11 will survive expiration or termination of these monday AI Terms.