Terms of Service for Split to groups
1. Introduction
Split to groups (the "Application") is a marketplace application for monday.com operated by tesselith.work ("we," "us," or "our"). These Terms of Service ("Terms") apply to all admins, users, guests and others who access or use the Application.
2. Acceptance of Terms
By installing or using our Application, you agree to these Terms of Service. By accepting these Terms you represent that you are at least 18 years old and have full power and authority to enter into this agreement.
If you disagree with any part of these Terms, you may not use the Application.
3. User obligations
You agree to:
- Use the Application compliant with monday.com applicable terms and policies (including, without limitation, monday.com Terms of Service and Privacy Policy).
- Not reverse-engineer, disrupt, or exploit the Application's infrastructure.
- Not use the Application for illegal activities or violate third-party rights.
You retain ownership of data you input into the Application but grant us non-exclusive license solely for providing Application functionality, support, security and performance analytics related to the Application and subject to our Privacy Policy.
4. Data Collection & Privacy
The Application processes data as described in our Privacy Policy. By using the Application, you consent to this policy.
You are responsible that Application usage complies with applicable data protection laws.
5. Intellectual Property
All intellectual property rights related to the Application, including but not limited to software, trademarks, logos, and documentation, are owned by or licensed to tesselith.work.
You are granted a limited, non-exclusive, non-transferable license to use the Application solely in accordance with these Terms.
Any unauthorized use, reproduction, or distribution of the Application's content is strictly prohibited and may result in termination of your access to the Application and/or legal action.
6. Fees & Payments
The Application is offered only upon your payment of the applicable fees ("Fees") shown in the monday.com Marketplace when you install or upgrade the Application (each fee schedule is a "Plan", together the "Plans").
We may add, remove, or re-price Plans at any time in accordance with monday.com Marketplace Terms of Service. If you do not consent, you shall cease any use of the Application.
The Application is a "monday.com Billed App". All Fees are therefore collected by monday.com and are governed by the Marketplace Terms of Service and monday.com's payment and refund policies.
7. Service Availability
The Application operates within monday.com platform and is subject to its uptime, maintenance, and API limits. The Application may temporarily malfunction during monday.com service disruptions.
8. Disclaimers & Limitation of Liability
The Application is provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose or non-infringement. We do not warrant uninterrupted or error-free operation.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE APPLICATION IS YOUR SOLE RESPONSIBILITY. IN NO EVENT WILL WE, INCLUDING OUR OFFICERS, BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT, NEGLIGENCE, AND OTHERWISE, FOR ANY OF THE FOLLOWING:
- Consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages.
- Increased costs, diminution in value, or lost business, production, revenues, or profits.
- Loss of goodwill or reputation.
- Use of, or inability to use, the Application, including any interruption, delay, or recovery of any data, or breach of data or system security.
- Any failure, error, or breakdown in the function of the Application.
- Reliance made by you on third-party software or hardware and/or on the Application.
- Any fault or error made by our officers.
- Cancellation of your plan.
- Any content uploaded or available on the Application.
- Retention, deletion, disclosure, or any other use or loss of content and/or user content on the Application.
- Failures due to circumstances beyond reasonable control (including, without limitation, natural disasters, wars, pandemics, service interruptions caused by third-party platforms)
Nothing in these terms limits any liability that cannot be excluded by law, including liability for death or personal injury caused by our gross negligence or willful misconduct.
In no event shall our aggregate liability exceed the greater of (i) the total fees paid by you for the Application in the prior 12 months or (ii) one hundred U.S. dollars (USD 100), even if such damages were foreseeable.
In each case, this applies regardless of whether the company was advised of the possibility of such losses or damages, or if such losses or damages were otherwise foreseeable.
9. Indemnification
You will defend, indemnify, and hold us and our officers harmless from any third-party claims, losses, or costs (including legal fees) arising out of:
- your use of the Application
- your breach of these Terms or any applicable law
- your violation of third-party rights
10. Termination
You may terminate these Terms by uninstalling the Application at any time through your monday.com Account. Those actions automatically end these Terms for you.
We may at any time discontinue or terminate the operation of the Application, its features, or any part thereof, temporarily or permanently, for any reason, including but not limited to a breach of these Terms, without any liability to you.
We may also immediately suspend your access (in whole or in part) if we reasonably believe your use threatens the security, integrity, or availability of the Application or the monday.com platform. Any suspension will be lifted once the risk is resolved or these Terms are terminated.
Upon termination, all licenses and rights granted to you stop immediately. Sections that by nature should survive (e.g., disclaimers, liability caps, governing law) remain in force.
11. Changes to Terms
We will send you a conspicuous notice (via monday.com notification or email) before any material change - meaning a change affecting fees, liability, data usage, termination, or user rights materially adverse to you - takes effect. You are responsible for reviewing these Terms to stay informed of other changes.
The revised Terms will show a new "Last updated" date at the bottom of this page and will become effective no sooner than 15 days after we post them or send notice, whichever is later.
Your continued use of the Application after the effective date constitutes your consent to the amended Terms.
We may update these Terms at any time in our sole discretion, provided we give you notice as described above.
12. Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
13. Export Controls
You agree to comply with all applicable export control laws, regulations, and sanctions, including those of the United States and European Union. You represent that you are not: (a) located in any country subject to comprehensive sanctions; or (b) using the Application on behalf of any entity or person subject to such sanctions. You will not use the Application for any purpose prohibited by these laws.
14. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Czech Republic excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the Czech Republic. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the Prague, Czech Republic.
15. Contact Information
You may contact us with any questions that you may have with respect to the Application at: [email protected]