Welcome to WorkCanvas by monday.com which is currently offered to you as a Pre Released Service (“WorkCanvas”). Please read carefully these WorkCanvas Beta Terms and Conditions (“WorkCanvas Beta Terms”), and do not accept these WorkCanvas Beta Terms or use WorkCanvas if you do not agree to be bound by these terms.
- By accepting these WorkCanvas Beta Terms or by using WorkCanvas you agree and acknowledge that (i) you are not relying on any representation or statement other than as expressly set forth in these WorkCanvas Beta Terms; (ii) you accept and acknowledge that you read, understand, and agree to these WorkCanvas Beta Terms; and (ii) that you have full legal authority to enter into these WorkCanvas Beta Terms.
- Governing Terms. These WorkCanvas Beta Terms together with the monday.com Terms of Service incorporated herein by reference, govern use of WorkCanvas. Capitalized terms not otherwise defined herein, shall have the meaning ascribed to them in the monday.com Terms of Service. In case of any contradiction between these WorkCanvas Beta Terms and the monday.com Terms of Service, these WorkCanvas Beta 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 OF THE MONDAY.COM SERVICE (“AGREEMENT”), SUCH AGREEMENT SHALL NOT BE IN AFFECT WITH REGARDS TO WORKCANVAS AND SHALL NOT APPLY TO IT OR TO YOUR USE OF WORKCANVAS.
- Disclaimer of Warranties. WORKCANVAS IS PROVIDED “AS IS” AND AS AVAILABLE, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED AND MONDAY.COM EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, RELIABILITY, AVAILABILITY,PERFORMANCE AND NON-INFRINGEMENT. USE OF WORKCANVAS IS AT YOUR OWN RISK AND YOU ACKNOWLEDGE THAT WORKCANVAS MAY BE INCOMPLETE, INCLUDE INACCURACIES, ERRORS AND BUGS, CAUSE CORRUPTION, LOSS OF DATA OR OTHER PROBLEMS.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, SHALL MONDAY.COM OR ITS AFFILIATES BE LIABLE FOR: (I) ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF REVENUE , COSTS OR BUSINESS (III) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION OR GOODWILL; (IV) FAILURE OF SECURITY MEASURES; AND/OR (V) COST OF PROCURING ANY SUBSTITUTE SERVICES, WHETHER YOU, MONDAY.COM OR ITS AFFILIATES, HAVE BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES. IN ANY EVENT, MONDAY.COM’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES RELATING TO WORKCANVAS OR WORKCANVAS BETA TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS.
- Term and Termination. You may access and use WorkCanvas subject to your compliance with these WorkCanvas Beta Terms. monday.com may modify these monday WorkCanvas Terms, terminate WorkCanvas, or any part thereof, at its sole discretion and without liability to you. Your Termination rights shall be subject Section 11 of the monday.com’s Terms and Conditions.
- Survival. Sections 2 through 6 will survive expiration or termination of these WorkCanvas Beta Terms.