monday AI Beta Terms and Conditions

monday AI are services that include features, applications, bots, and other functionalities based on artificial intelligence and machine learning data models (“monday AI”). Currently monday AI is offered to you by monday.com as a Pre-Released Beta Service. These monday AI Beta Terms and Conditions (“monday AI Terms”) together with the monday.com Terms of Service, incorporated herein by reference, cover installing or enabling monday AI in your account, and/or any access or use of monday AI. Additional AI functionalities may be offered to you by Third Parties as Third Party Services, as further described herein. Please read carefully these monday AI Terms, and don’t accept the monday AI Terms, install or use monday AI if you don’t agree to be bound by these monday AI Terms. 

1. Governing Terms. You agree and acknowledge that (i) you are not relying on any representation or statement other than as expressly set forth in these monday AI Terms; (ii) you accept and acknowledge that you read, understand, and agree to these monday AI Terms; and (iii) you have full legal authority to accept these monday AI Terms either on behalf of your organization, or on your behalf, as applicable;  and (iv) In case of any contradiction between these monday AI Terms and the monday.com Terms of Service, the monday AI Terms shall prevail. In a case where an agreement other than the monday.com Terms of Service had been executed between you and monday.com for the provision monday.com Services, such agreement shall not be in effect with regards to monday AI.
2. Nature of monday AI. You may provide or make available input to monday AI, which may include text, prompt or any other content (“Input”) and receive responses generated by monday AI which may include content, suggestions, formula or any other output (“Output”). You acknowledge that due to the nature of machine learning, other Customers and/or Users may use monday AI in a manner which may generate identical or similar Output. We make no representations or warranties with regards to Output, including of ownership thereof. 
3. Usage of monday AI. Any use you make  of monday AI, including by providing or making available Input or using Output must not violate any applicable law or monday.com Terms of Service, or infringe any third party rights, including but not limited to, intellectual property rights or privacy rights You are solely responsible for your use of monday AI and content generated through monday AI.
4. Improving and Developing monday AI. Notwithstanding anything to the contrary in any applicable agreement between you and monday.com, we may collect and use data of your interaction with, or use of monday AI, including Input and/or Output in order to: (i) improve and develop monday AI; and (ii) provide you with monday AI functionalities. monday.com does not use your Input and/or Output to train machine learning data models and does not allow others to do so.  
5. Monitoring. monday.com and/or its generative AI related Sub-Processors, may monitor your Inputs and/or Outputs in order to monitor and/or prevent and/or debug abusive, unlawful, harmful or unauthorized uses.
6. Third Party Services. monday.com, including through the monday AI Assistant may enable you to install and use Third Party Services which provide AI functionalities. In accordance with our Terms of Service, your use of such Third Party Services will be subject to such Third Party Service terms.
7. Additional Sub-Processor. In addition to Sub-Processors listed under monday.com Sub-Processors page, available at https://monday.com/l/privacy/subsidiaries-and-sub-processors/ data processed in monday AI may also be processed by additional Sub-Processors, including Microsoft Azure.
8. Acceptable Use Policy. You acknowledge and agree that your use of the monday AI is in accordance with our Acceptable Use Policy.
9. Disclaimer of Warranties. monday.com DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING MONDAY AI, ITS FEATURES, FUNCTIONALITIES, OUTPUTS AND/OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MONDAY AI AND/OR THE OUTPUT. USE OF MONDAY AI AND/OR OUTPUT IS MADE AT YOUR OWN RISK. MONDAY AI IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ״AS AVAILABLE״, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED AND monday.com EXPRESSLY DISCLAIMS ALL SUCH 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 AND PERFORMANCE. monday.com DO NOT WARRANT OR REPRESENT THAT MONDAY AI AND/OR OUTPUT WILL BE UNINTERRUPTED, ERROR OR BUG FREE, NON-OFFENSIVE, NON-INFRINGING, NON-HARMFUL ACCURATE, LAWFUL OR APPROPRIATE. 
10. Indemnification. Our indemnity obligation under Section 16.2 of monday.com’s Terms of Service shall not apply in connection with monday AI.
11. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THESE MONDAY AITERMS OR ELSEWHERE 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) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, BUSINESS, OR ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, INTELLECTUAL PROPERTY, REPUTATION, REVENUE OR GOODWILL; (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS; AND/OR (V) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON LIABILITY SET FORTH IN THESE MONDAY AI TERMS ‎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 LOSSES OR DAMAGES; (II) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (III) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT). IN ANY EVENT, monday.com’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES UNDER THESE MONDAY AI TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS.
12. Term and Termination. You may access and use monday AI subject to your compliance with these monday AI Terms. monday.com may modify these monday AI Terms, terminate monday AI, or any part thereof, at its sole discretion and without liability to you. 
13. Pricing. monday AI is currently offered at no cost, and may be subject to payment in the future. 
14. Survival. Sections 1, 2, 3, 4, 5, 7, 9, 10, 11 and 12 will survive expiration or termination of these monday AI Terms.