monday code Terms and Conditions

monday code allows app developers to host and deploy applications (“Apps”) on the monday.com platform (“monday code”). Please read carefully these monday code Terms and Conditions (“monday code Terms”), and do not accept the monday code Terms or use monday code if you do not agree to be bound by these terms.

1. By accepting these monday code Terms or by using monday code you agree and acknowledge that (i) you are not relying on any representation or statement other than as expressly set forth in these monday code Terms; (ii) you accept and acknowledge that you read, understand, and agree to these monday code Terms; and (iii) you have full legal authority to enter into these monday code Terms.
2. Governing Terms. These monday code Terms together with the monday.com Developer Terms , and monday.com code Data Processing Addendum, and incorporated herein by reference, govern use of monday code. Capitalized terms not otherwise defined herein, shall have the meaning ascribed to them in the monday.com Developer Terms. In case of any contradiction between these monday code Terms and the monday.com Developer Terms or monday.com Terms of Service, the monday code Terms shall prevail.
3. Deploy and Hosting Restrictions. You may not host an App with monday code that is based on any open source licenses which may include copyleft requirements, or any license that may impose any obligation on, or affect monday.com, including monday code and monday.com Users.
4. End User Data. By hosting and deploying your App on monday code, you accept that monday.com will process Personal Data included in End User Data on your behalf (“Processing Activity”). In addition to your obligations with respect to End User Data in Section 7 of the Developer Terms, monday.com shall not be liable for, or have any responsibility in connection with, End User Data processed by you or your App hosted on monday code. monday Developer Storage Data Processing Addendum (“DPA”), shall govern monday.com’s Processing Activity. 
5. Developer Personal Data. monday.com will process certain personal data of you, the Developer (as such term is defined in the Developer Terms and the Marketplace Listing Terms) and Developer’s employees and contributors as an independent data controller (“Developer Personal Data”). Developer Personal Data includes the following data types: name, email address, in order to enable the hosting of your App on monday code as listed on the monday.com Marketplace. monday.com shall collect, process and use Developer Personal Data in accordance with the monday.com Privacy Policy available at: https://monday.com/l/privacy/privacy-policy/. The term controller shall have the same meaning as in the GDPR.
6. Acceptable Use. You acknowledge and agree that your use of monday code is in accordance with Section 6 of the Developer Terms. In addition to the foregoing, you agree that you will use monday code solely in connection with hosting and deploying monday.com App, and you shall not make use of it for any other purpose.
7. Hosting Provider. monday code Apps will be hosted by a third party hosting services provider selected by monday.com at its sole discretion. By utilizing monday.com you acknowledge and agree that you shall comply with the third party hosting service provider terms as applicable, including, but not limited to Google Cloud Platform Terms of Service.   
8. Confidential Information. You acknowledge and agree that any information disclosed to you in connection with the your usage of monday code, including, without limitation, functionalities, specifications, design documents, commercial information or plans. is monday.com’s confidential information and the terms of Section 14 of the Developer Terms shall apply..
9. DISCLAIMER OF WARRANTIES. MONDAY CODE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. monday.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE RELATIVE TO MONDAY CODE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TEMS.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THESE MONDAY CODE TERMS 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 CODE 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 CODE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS.
11. Indemnification. You agree to defend, indemnify, and hold monday.com harmless from and against any liabilities, losses, damages, judgments, fines, penalties, costs and expenses (including reasonable attorneys’ fees and court costs), as incurred, arising out of or resulting from any third-party claim, action, or proceeding brought against monday.com arising from your use of monday code, including without limitations, any alleged infringement, violation, misappropriation of any third party right, including, intellectual property rights and privacy rights  or your breach of these monday code Terms. 
12. Pricing. monday code is currently offered at no cost, and may be subject to payment in the future. 
13. Term and Termination. You may access and use monday code subject to your compliance with these monday code Terms. monday.com may modify these monday code Terms, terminate monday code or your access to it, or any part thereof, at its sole discretion and without liability to you.