Terms of Use

Last updated: 1st December, 2025

Before you access our services, please read these Terms of Use carefully.

These Terms of Use (the "Terms", and together with any applicable Supplemental Terms (as defined in Section 2.6), the "Agreement") govern your use of Monica and other products and services we may offer for individuals, along with any associated applications, software, and websites (collectively, our "Services").

This Agreement forms a legally binding contract between you ("User", "you", "your") and Monica AI ("Company", "we", "us", "our"). By accessing our Services, you agree to be bound by this Agreement.

• PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU ARE A UNITED STATES USER, UNLESS YOU TIMELY OPT OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS, YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION AND YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
  
  (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT,
  
  (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY,
  
  (3) YOU ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF YOUR PLACE OF RESIDENCE AND
  
  (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES. YOU MUST BE THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE, AND, IN ANY EVENT, NOT UNDER 18 YEARS OLD ("ADULT").
  
  IF YOU SUBSCRIBE TO ANY FEATURE OR FUNCTIONALITY OF THE SERVICE FOR A TERM (THE "INITIAL TERM"), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY'S THEN‑CURRENT FEE FOR SUCH FEATURES AND FUNCTIONALITY UNLESS YOU OPT OUT OF THE AUTOMATIC RENEWAL OF SERVICE TERM IN ACCORDANCE WITH SECTION 4.1 BELOW.
  
  THE AGREEMENT IS SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME AS SET FORTH IN SECTION 14.7.
  
  PLEASE NOTE THAT IF YOU OPT‑IN TO OBTAIN TEXT MESSAGES FROM COMPANY, SECTION 2.8 OF THESE TERMS CONTAINS TERMS RELATED TO OUR TEXT MESSAGE SERVICES.

1. Artificial Intelligence Disclaimer

Artificial Intelligence ("AI") and machine learning are rapidly evolving fields of research. When using or accessing the Services, you need to be aware of the following:

1.1 Basic Understanding and Responsibility

You acknowledge that you are interacting with an AI system.

AI systems are based on probabilistic models, which may result in misunderstandings or errors.

Company is not responsible for any misunderstandings or inaccuracies caused by AI.

Output results may contain a "Made with Monica" watermark or other forms of identification, which are inherent components of the system and cannot be removed at this time.

1.2 User Responsibilities

You are responsible for independently reviewing all Output (as defined below).

You should exercise personal judgment before relying on Output.

You are fully responsible for monitoring and approving the use of Output.

You assume responsibility for any decisions, actions, or omissions based on Output.

1.3 Inherent Limitations of AI Functionality

Outputs may contain errors or inaccurate information.

AI lacks creative thinking and may produce repetitive or formulaic content.

AI may struggle to understand subtle nuances in language, including slang and cultural references.

AI cannot understand or express emotions like humans.

AI outputs may perpetuate biases present in its training data.

AI has limitations in performing complex reasoning and judgment tasks.

AI relies on large volumes of training data, and issues with training data quality can affect Output.

2. Access and Use

2.1 Access Rights

Subject to these Terms, we grant you a limited, non‑exclusive, non‑transferable license to access and use our Services solely for your own personal purposes. We reserve the right to modify, suspend, or terminate any part of the Services at any time without prior notice. You agree not to use the Services in any way that could damage their functionality or accessibility.

Subject to your compliance with this Agreement, Company grants you a limited non‑exclusive, non‑transferable, non‑sublicensable, revocable license to download, install and use a copy of the App on a single device that you own or control and to run such copy of the App solely for your own personal purposes.

2.2 Account Responsibilities

To access our Services, you must complete account registration and ensure that the information you provide is accurate, up‑to‑date, and complete. You must promptly update any changes and must not impersonate others or provide false information. Your login credentials (e.g., username, password, access keys) must remain confidential, and you are responsible for all activities conducted under your account. If you detect unauthorized use or security breaches, you must notify us immediately. We reserve the right to disable your account if you violate these Terms or provide false information.

2.3 Prohibited Conduct

As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law and regulations, and any other documentation, guidelines, or policies we make available to you, including our Usage Policy.

You shall not (and shall not permit any third party to): (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (ii) frame or utilize framing techniques to enclose any trademark or logo located on the Service or any other portion of the Services (including images, text, page layout or form); (iii) use any metatags or other "hidden text" using Company's name or trademarks; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to "scrape" or download data from any web pages contained in the Services; (vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (vii) impersonate any person or entity, including any employee or representative of Company; or (viii) interfere with or attempts to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Service, introducing viruses, worms, or similar harmful code into the Service, or interfering or attempting to interfere with use of the Services by any other user, host, or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Service.

Abuse is prohibited. Abuse includes: (i) using false information, multiple accounts, or automated tools for Activities; (ii) circumventing Activity rules or exploiting system vulnerabilities; (iii) using Services for illegal, harmful, or inappropriate purposes, including without limitation, using Services to create Spaces which may violate applicable laws or our Usage Policy; and (iv) violating other Agreement provisions.

Upon discovering Abuse, the service may: (i) deduct credits or disqualify users from Activities; (ii) suspend accounts temporarily or permanently; (iii) temporarily or permanently ban your Space if Company, in its sole discretion, detects and decides such Space is illegal or in violation of our Usage Policy; and (iv)take appropriate legal action for severe abuse of service.

The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section. Any unauthorized use of the Services terminates the licenses granted by Company pursuant to this Agreement.

2.4 Usage Restrictions

The Services may impose usage restrictions on specific features or settings, such as limits on access frequency, storage capacity, or other system resources. Related limitations or restrictions are set out in documentation, guidelines, or policies we make available to you, including our Usage Policy.

2.5 Teams

Company may offer one or more mobile message programs (collectively, the "Message Service") that allow users to receive SMS/MMS.

2.6 Supplemental Terms

Your use of, and participation in, certain features and functionality of the Services may be subject to additional terms ("Supplemental Terms"). Such Supplemental Terms will either be set forth in the applicable supplemental Services or will be presented to you for your acceptance when you sign up to use the supplemental Services. If these Terms are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Services.

3. Ordering and Fees

3.1 Third-Party Processors

The Company uses third-party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) ("Payment Processor"). If you make a purchase on the Services, you will be required to provide your payment details and any additional information required to complete your order directly to our Payment Processor. You agree to be bound by their Privacy Policy and Terms of Service and hereby consent and authorize the Company and Payment Processor to share any information and payment instructions you provide with one or more Payment Processor(s) to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Payment Processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our Payment Processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. In some jurisdictions, our Payment Processor may use third parties under strict confidentiality and data protection requirements for the purposes of payment processing services.

3.2 Payment and Order Processing

You shall pay all fees or charges ("Fees") to your account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. By providing Company and/or our Payment Processor with your payment information, you agree that Company and/or our Payment Processor is authorized to immediately invoice your account for all Fees due and payable to Company hereunder and that no additional notice or consent is required. You shall immediately notify Company of any change in your payment information to maintain its completeness and accuracy. Company reserves the right at any time to change its prices and billing methods in its sole discretion. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us. Your failure to provide accurate payment information to Company and/or our Payment Processor or our inability to collect payment constitutes your material breach of this Agreement. Except as set forth in this Agreement, all Fees for the Services are non-refundable.

3.3 Taxes

The Fees do not include any Sales Tax (defined below) that may be due in connection with the Services provided under this Agreement. If Company determines it has a legal obligation to collect Sales Tax from you in connection with this Agreement, Company shall collect such Sales Tax in addition to the Fees. If any services, or payments for any services, under this Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you shall be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you shall indemnify Company for any liability or expense Company may incur in connection with such Sales Taxes. Upon Company's request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this Section, "Sales Tax" means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

4. Subscription; Credit; and Refund Policy

4.1 Subscription Management

Certain services or specific portions thereof are only available with a paid subscription. Depending on the type of subscription plan selected at the time of purchase, you will be billed periodically (monthly) in advance. At the end of each billing cycle, your subscription will automatically renew at the then-current pricing unless cancelled by either you or us. By subscribing, you authorize Company to charge the payment method designated in your account now, and again at the beginning of any subsequent subscription period.

You can cancel your subscription renewal by contacting us via email at contact@monica.im or through the user profile page. You will not receive a refund for fees already paid for the current subscription period, and you will continue to have access to the service until the end of your current subscription period.

4.2 Billing and Fee Changes

You must provide our payment system with accurate and complete billing information, including your full name, address, state, postal code, phone number, and valid payment method details. If automatic billing fails for any reason, the Company will issue an electronic invoice indicating that you must manually make full payment corresponding to the billing period indicated on the invoice by a specified due date.

We reserve the right, at our sole discretion, to modify subscription fees at any time. Any changes to subscription fees will become effective at the end of the current subscription period. We will provide you with reasonable advance notice prior to any change in subscription fees taking effect, allowing you the opportunity to terminate your subscription before such changes become effective. Continuing to use the service after the subscription fee change is effective constitutes your agreement to pay the modified subscription fee amount.

4.3 Refund Policy

Except where required by applicable law, all payments made for subscriptions, Credits, or other paid features are final and non-refundable. You acknowledge that once access to a paid service or Credit has been granted, the Company has fully performed its obligations and no refund will be issued.

The Company may, at its sole discretion, consider a partial refund request in exceptional circumstances. If approved, any refund will be calculated based on the proportion of unused Credits, excluding any discounts, promotions, or taxes paid. The final determination of eligibility and refund amount rests entirely with the Company.

If you are a consumer residing in the European Union, the United Kingdom, or Turkey, you have the right to withdraw from your purchase within 14 days in accordance with applicable consumer protection laws.

Refunds (if approved) will be processed to your original payment method within 1–15 business days, depending on your payment institution's processing time.

We reserve the rights to refuse the refunds if:

- Your account has been restricted, suspended, or terminated due to policy violations, abuse, or fraud;

- You have already received a prior refund for similar products or services;

- You purchased credits, subscriptions, or other services via promotions, coupons, or discounted pricing; or

- The refund request is made after the applicable period or relates to used Credits or consumed services.

The Company reserves the right to refuse or limit refund requests at its discretion to prevent abuse or excessive refund activity.

For any refund inquiries, contact us at contact@monica.im.

5. Artificial Intelligence/Content

5.1 Your Responsibility

Subject to your compliance with this Agreement, you may share or upload information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials ("Content") through the Services, including by way of your prompts, comments, questions, and other input to the Services (collectively, "Input"). You, and not Company, are entirely responsible for all Input that you upload, share, post, email, transmit, query or otherwise make available through or to the Service, including the Third-Party Account Content. When you make available any Input on or to the Service, you represent that you own and/or have sufficient rights to use such Input in connection with the Service, including to grant the license set forth in Section 5.3. In response to any prompts, comments, questions, and other Input that you provide to the Services, the Services, together with AI Services (as defined below) may generate new Content (including and not limited to any Space and Space Content, collectively the "Output"). You acknowledge that the Output is based on your Input, and that Company has no control over or responsibility for any such Input.

Accordingly, all Output is provided "as is" and with "all faults", and Company makes no representations or warranties of any kind or nature with respect to any Input or Output, including any warranties of accuracy, completeness, truthfulness, timeliness or suitability. You are solely responsible for your use of your Output created through the Services (including and not limited to your use of the Space), and you assume all risks associated with your use of any Output, and including not limited to any potential copyright infringement claims from third parties, any claims made by your Space End Users by relying on the Space Content provided by your Space, any decisions made or actions taken in reliance on any Output, or any disclosure of your Output that personally identifies you or any third party.

You represent and warrant that you are solely responsible for the accuracy, completeness, appropriateness, and legality of the Input that you make available through the Services. You further represent and warrant that you have provided all required notices and obtained all licenses, permissions, and consents required, including (without limitation) under applicable data protection laws, from all third parties to whom the Input relates or pertains, to enable us to access, use, and process your Input in connection with the Services.

5.2 Content Ownership

The Company does not claim ownership of any Input or Output (collectively, "Your Content"). Subject to Section 5.3, as between the Company and you, you are the owner of all right, title and interest in Your Content. Notwithstanding the foregoing, given the nature of the Service, you acknowledge that: (a) Output may not be unique across users and the Services may generate the same or similar output for another user under similar terms; and (b) the Company does not represent or warrant that the Output is protectable by any intellectual property rights under applicable law. With respect to your Space, you further represent, warrant and covenant that the Space Content does not and will not infringe any third-party rights, and the Company shall have sole discretion to remove any Space Content upon its receipt of any third-party claim on infringement of third-party rights.

5.3 License

You grant us and our affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers of direct or indirect authorization) right to: (a) during your use of the Services, allow us to copy, display, upload, perform, distribute, store, modify, and otherwise use Your Content to provide and operate the Services and monitor your compliance with these Terms; and (b) a perpetual and irrevocable license to use Your Content in an aggregated manner to improve the Services (e.g., hosting the website, generating AI content at the User's request) and create Usage Data. This helps us enhance the accuracy and overall efficiency of the Services. For the avoidance of doubt, our use under the foregoing license does not imply our endorsement or ownership of Your Content in any event. If we process any personal information (as defined under applicable data protection laws) contained in Your Content, we will process it as explained in our Privacy Policy or set out in our Data Processing Agreement.

5.4 AI Services

Company provides certain features leveraging third-party artificial intelligence and deep learning platforms, algorithms, services tools and models ("AI Services") to power the Service's functions. By using these functions, you hereby consent and authorize Company to share any Content you provide with one or more third-party providers or such AI Services to complete your request. The Services may utilize the AI Services to generate Output. You acknowledge and agree that Company may share your Inputs with the AI Services for this purpose and such AI Services may not be required to maintain the confidentiality of any of Your Content. Further, you understand that additional license requirements may apply to certain AI Services, including that such AI Services may retain certain rights to use or disclose Your Content. You assume all risks associated with your use of such AI Services. Company will have no liability for the unavailability of any AI Services, or any third party's decision to discontinue, suspend or terminate any AI Services. YOU, AND NOT COMPANY, SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE FUNCTIONS THAT UTILIZE AI SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DECISIONS YOU MAKE OR ANY CONDUCT YOU ENGAGE IN AS A RESULT OF THE INFORMATION PROVIDED BY THE AI SERVICES OR ANY OTHER AI-ENABLED FEATURE MADE AVAILABLE BY COMPANY OR SUCH THIRD-PARTY PROVIDERS IS AT YOUR OWN RISK. BECAUSE THE AI FEATURES UTILIZE ARTIFICIAL INTELLIGENCE TO COMMUNICATE WITH YOU, THEY MAY PROVIDE INFORMATION THAT IS AN INACCURATE OR INAPPROPRIATE RESPONSE TO YOUR REQUESTS IN THEIR INTERACTIONS WITH YOU. YOU AGREE THAT COMPANY WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR THE AI SERVICES (OR ANY OTHER AI-ENABLED FEATURE MADE AVAILABLE BY THE COMPANY OR THIRD PARTY PROVIDERS) PROVIDING INACCURATE OR INAPPROPRIATE INFORMATION TO YOU ANY DECISIONS MADE IN RELIANCE ON SUCH INFORMATION.

5.5 Content Restrictions

Your use of the Services (including and not limited to your creation and/or operation of the Spaces) must comply at all times with this Agreement and any applicable AI Services terms and any other documentation, guidelines, or policies we make available to you, including our Usage Policy. Without limiting the foregoing, you must not share or make available Input or other Content on or through the Service, or attempt to create Output through the Service, that: (A) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, offensive, or profane; (B) infringes or misappropriates any third party's intellectual property rights or other proprietary rights; (C) contains any viruses, worms, spyware or other malicious computer programming codes that may damage or disrupt the Services; (D) contains any sensitive personal information, including any: (i) Social Security numbers or other government-issued identification numbers; (ii) protected health information subject to the Health Insurance Portability and Accountability Act (HIPAA) or other information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; (iii) health insurance information; (iv) biometric information; (v) passwords to any online accounts not relevant for use of the Service; (vi) credentials to any financial accounts; (vii) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (viii) precise geolocation; (ix) financial account data such as bank account details or transaction histories and balances; (x) personal information that reveals the contents of a consumer's mail, email, and text messages (unless we are the intended recipient of the communication); (xi) genetic data; (xii) personal information of children under 16 years of age; (xiii) data relating to criminal convictions and offenses; and (xiv) data revealing a person's racial or ethnic origin, political views, religious or philosophical beliefs, membership in a trade union, citizenship or citizenship status, and sexual orientation or sex life; or (E) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Company's prior written consent. Furthermore, Your Content may not contain nudity, violence, sexually explicit, obscene, or offensive subject matter as determined by Company in its sole discretion. You may not post or make available any Content that includes any identifiable person or any of their personal characteristics without that person's express consent. You may not post or make available a photograph of another person without that person's express consent.

5.6 Content Storage

Unless expressly agreed to by Company in writing elsewhere, Company has no obligation to store any of Your Content. Company has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.

5.7 Third-Party Websites, Applications and Ads

The Services may contain links to third-party websites, applications, advertisements for third parties, and may allow or require you to integrate and/or use third-party services, including but not limited to payment processors, social media login services, data analysis tools, or other third-party applications (collectively, the "Third-Party Services").

When you click on a link to or integrate any a Third-Party Service, we will not warn you that you have left the Service and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Company. Company is not responsible for any Third-Party Services. Company provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith.

If you, as a Space Owner, choose to integrate any Third-Party Services such as Stripe for payments or Google for authentication on your Space, you are responsible for:
- creating and managing your accounts with those third parties.
- ensuring your use of Third-Party Services complies with all their applicable terms, conditions, policies, and legal requirements of such third parties;
- handling all transactions, disputes, refunds, fraud claims, and data breach incidents arising from the Third-Party Services;
- maintaining the security of your accounts and credentials with the Third-Party Services;
- verifying and managing the technical compatibility, performance, and output results of the Third-Party Services.

Under no circumstances shall Company be liable for any Third-Party Services, including without limitation:
- the availability, performance, interruption, termination, or security of any Third-Party Service;
- the accuracy, legality, or compliance of any content provided by the Third-Party Services;
- any loss or damage suffered by you or any Space End Users due to the use of or inability to use any Third-Party Service;
- data processing or practices of any Third-Party Service;
- any disputes between you and any Third-Party Service provider.

You use all Third-Party Services at your own risk and shall be solely responsible for any consequence arising from your use of Third-Party Services. By using any Third-Party Service through our Service, you expressly release and discharge Company from any and all claims, demands, or damages (whether direct, indirect, or consequential) arising out of or in any way connected with such Third-Party Services. When you leave our Service, this Agreement and our policies no longer govern. Your relationship with any third parties on such Third-Party Services is governed solely by your agreement with them. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

5.8 Content Sharing

Company may provide tools through the Services that enable you to export information, including Your Content, to third parties or Third-Party Services. By using one of these tools, you agree that Company may transfer that information to the applicable third party or Third-Party Service. Company is not responsible for any third party or Third-Party Service's use of your exported information.

6. Intellectual Property

6.1 Ownership

Please note, we do not own any of your Input or Output (as described in 5.2 above). We retain all rights, title, and interest in and to the Usage Data (as defined below), the Services (including the skills, expertise, and methods used to provide the service), and any improvements, enhancements, or modifications thereof, including all Intellectual Property Rights (as defined below). "Intellectual Property Rights" refers to patents, rights to inventions, copyrights and related rights, moral rights, data rights and database rights, rights to software code, domain names, trademarks, logos, and trade names, rights to goodwill and protection against passing off, design rights, rights to confidential information, and any other intellectual property rights, whether registered or unregistered, including all applications (and rights to apply) for such rights, renewals, and extensions, as well as rights to claim priority from such rights, and all similar or equivalent rights and forms of protection that exist now or in the future anywhere in the world.

"Monica", "Butterfly Effect", and all related stylizations, graphics, logos, service marks and trade names used on or with the Services are the trademarks of Company and may not be used without permission in connection with your, or any third-party's, products or services. The names and logos of other companies, products, and services used and displayed in the Services may be trademarks or service marks of their respective owners, who may or may not endorse, be affiliated with, or connected to Company.

You hereby authorize Company and its third-party service providers to generate data, information, insights, statistics, and usage data related to our provision of the Services and your use of the service and associated software, systems, programs, and technologies ("Usage Data").

6.2 Third-Party Intellectual Property

The Services may include intellectual property, including open-source software owned by third parties. Such third-party intellectual property may be licensed to you under separate or different terms and conditions ("Third-Party Terms"), which are not granted to you under these Terms of Service. Such Third-Party Terms will be made available to you, and you agree to comply with them, including any obligations to make payments directly to the relevant third party. Company is not responsible for such third-party intellectual property, and you acknowledge and agree that we are not liable for any losses, damages, costs, or expenses you may suffer or incur in connection with any third-party intellectual property or Third-Party Terms.

6.3 Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through its suggestion, feedback, forum, or similar pages ("Feedback") is at your own risk and that Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Company's business.

7. Term and Termination

The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above), and continues in full force and effect while you use the Services, unless terminated earlier in accordance with this Agreement.

If you have materially breached any provision of this Agreement, including our Usage Policy, or if Company is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any Services provided to you. Company reserves the right to terminate this Agreement or your access to the Services at any time without cause upon notice to you. You agree that all terminations for cause are made in Company's sole discretion and that Company shall not be liable to you or any third party for any termination of your account.

If you wish to terminate this Agreement, you may do so by closing your account on the user profile page.

Upon termination of the Services or the applicable feature or functionality thereof, your right to use the Services or the applicable feature or functionality thereof will automatically terminate, and we may delete Your Content stored on the Services. If we terminate your account for cause, we may also bar your further use or access to the Services. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, will survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

If this Agreement is terminated for cause by Company or if your account or ability to access the Services is discontinued by Company due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Services through use of a different member name or otherwise.

8. Privacy

We process your personal information as data controller for the purposes of (a) providing the Services (unless you are using our Services on behalf of your enterprise) and (b) managing your relationship with us in accordance with these Terms, including any billing, payment, or marketing activities. For clarity, our Privacy Policy explains how we collect and use personal information.

9. Disclaimer

9.1 Service Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE COMPANY PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE, OUTPUT, OR YOUR CONTENT.

THE COMPANY PARTIES MAKE NO WARRANTY, OR REPRESENTATION THAT: (I) THE SERVICES OR ANY OUTPUT WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE); (II) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) THE OUTPUT, ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY MAKES AVAILABLE THE OUTPUT OF THIRD-PARTY AI SERVICES AND IS NOT THE PROVIDER OF ANY AI SERVICE OR ITS OUTPUT AND IS NOT RESPONSIBLE FOR SUCH AI SERVICE OR OUTPUT. COMPANY HEREBY DISCLAIMS AND WILL HAVE NO LIABILITY RESULTING FROM OR WITH RESPECT TO (I) THE OPERATION, MAINTENANCE, FUNCTION, FAILURE, OR SECURITY OF ANY AI SERVICE, (II) ANY ACT OR OMISSION OF ANY PROVIDER OF ANY AI SERVICE, (III) THE OUTPUT OR CONTENT GENERATED BY AN AI SERVICE, OR (IV) ANY DECISION OR ACTION TAKEN BY CUSTOMER AS A RESULT OF ANY OF THE FOREGOING. WITH RESPECT TO ANY SPACE CREATED BY YOU THROUGH THE SERVICES THAT DISPLAYS Monica-RELATED LOGOS/IDENTIFIERS, THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER REGARDING THE LEGALITY, ACCURACY, SECURITY, SERVICE STABILITY, OR COMMERCIAL VIABILITY OF SUCH SPACE. NEITHER SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES, LIABILITIES, LOSSES OR CLAIMS ARISING FROM THE OPERATION OF SUCH SPACE, CONTENT INFRINGEMENT, NON-COMPLIANCE WITH APPLICABLE LAWS, OR ANY HARM CAUSED TO THIRD PARTIES, REGARDLESS OF WHETHER SUCH LOGOS/IDENTIFIERS ARE DISPLAYED BY DEFAULT THROUGH THE SERVICES. THE COMPANY PARTIES FURTHER DISCLAIM AND WILL HAVE NO LIABILITY RESULTING FROM OR WITH RESPECT TO (I) ANY LOSSES, DAMAGES, OR DISPUTES ARISING FROM ANY SPACE OR ANY TRANSACTION OR INTERACTION BETWEEN YOU (YOUR SPACE) ON THE ONE HAND AND YOUR SPACE END USER ON THE OTHER HAND; (II) THE ACTIONS, CONTENT, OR DATA OF SPACES OR SPACE END USERS; OR (III) ANY FAILURE, INTERRUPTION, OR DATA BREACH ORIGINATING FROM A THIRD-PARTY SERVICE INTEGRATED BY A SPACE.

10. Indemnification

You shall indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Company Party" and collectively, the "Company Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (i) Your Content, or any use of the Output by you; (ii) your use of, or inability to use, the Services; (iii) your violation of this Agreement; (iv) your violation of any rights of another party, including any user; (v) your violation of any applicable laws, rules or regulations, including and not limited to data compliance laws and consumer protection laws; (vi) any third-party claims, lawsuits, penalties, or expenses arising from Spaces created and operated by you (including but not limited to Space Content, content infringement, functional defects, compliance flaws, or third-party claims arising from the display of the Space Content or the Monica logo/identifier on the Space); or (vii) any dispute in relation to transactions between you (or your Space) and your Space End Users or processed through Third-Party Services providers. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services provided hereunder. You agree that the provisions in this Section will survive any termination of your account, this Agreement and/or your access to the Services.

11. Limitation of Liability

Notwithstanding anything to the contrary and to the fullest extent permitted by law, under no circumstances shall either party, its affiliates, or any licensors or suppliers of the Company be liable for:

(a) Any consequential, indirect, special, incidental, or punitive damages;

(b) Any loss of profits, business, revenue, anticipated savings, or unnecessary expenses;

(c) Any loss, damage, or interruption of data, networks, information systems, reputation, or goodwill;

(d) The cost of procuring any substitute goods or services.

To the fullest extent permitted by law, the aggregate liability of Company and its affiliates under or in connection with this agreement, the software, and the services shall not exceed the total amount you actually paid to Company under this agreement in the three (3) months preceding the event giving rise to the liability (if any).

The above exclusions and limitations shall apply:

(a) To the fullest extent permitted by applicable law;

(b) Even if a party has been advised of, or should have been aware of, the possibility of such losses, damages, or costs;

(c) Even if any remedy provided in this agreement fails of its essential purpose;

(d) Regardless of the theory or basis of liability, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise.

THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY'S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY A COMPANY PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

12. Governing Law and Dispute Resolution

12.1 Governing Law

Except as provided in the Terms or required by laws, these Terms and your use of the Services shall be governed by the laws of Singapore, without regard to its conflict of laws provisions. Your use of the Services may also be subject to U.S. and other local, state, national, or international laws.

12.2 Dispute Resolution

12.2.1 Informal Dispute Resolution

If you have any disputes, claims, or controversies arising out of or relating in any way to these Terms or the Services, including claims and disputes that arose before the effective date of these Terms (a "Dispute"), you agree to first attempt to resolve the Dispute informally. You and the Company agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court ("Informal Dispute Resolution"). To initiate Informal Dispute Resolution, a party must give notice to the other party in writing in a valid Notice of Dispute ("Notice"). Such Notice to the Company should be sent by email to by contacting the Company via email, i.e. contact@monica.im. The Company will send any Notice to you via email we have on file associated with your account. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the claims you are asserting, the specific relief sought, and the user name, email address and phone number associated with your account. The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

12.2.2 Dispute Resolution for Non-U.S., Non-UK and European Union (EU) Users

For any Dispute that is not resolved informally within the 45-day period, and where these Terms do not specify a mandatory dispute resolution process or the local law does not require otherwise, you and the Company agree that any Dispute will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") under the Arbitration Rules of the SIAC in force at the time of delivery of the arbitration notice, which rules are deemed to be incorporated by reference in this clause.

The arbitration will be conducted in accordance with the laws of Singapore, with the seat of arbitration in Singapore, and the language of the proceedings in English. The Tribunal shall consist of a sole arbitrator, to be appointed by mutual agreement of the parties. If the parties are unable to agree on the appointment within thirty (30) days from the date of the delivery of the Notice of Arbitration, the sole arbitrator shall be appointed by the President of the SIAC in accordance with the SIAC Rules. The arbitrator shall award only such damages as are permitted under these Terms. Each party shall bear its own legal costs and expenses (including, without limitation, counsel fees), and the parties shall equally share the fees and expenses of the arbitrator unless otherwise determined by the arbitrator in the final award.

Notwithstanding anything to the contrary in the Terms, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.

12.2.3 Dispute Resolution For UK and EU Users

If you are a consumer in the UK or European Union, you will benefit from any mandatory provisions of the law of your country of residence and nothing in these Terms shall affect your rights as a consumer to rely on such mandatory provisions of the laws of your country of residence.

In the event of any Dispute, you and Company agree that such individual claim or dispute shall be resolved in the competent court in the country in which you are ordinarily resident, provided such country is in the European Union or United Kingdom.

12.2.4 Dispute Resolution For U.S. Users

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND REQUIRES YOU TO PROCEED TO ARBITRATION ON AN INDIVIDUAL BASIS.

You and the Company agree that any Dispute will be resolved by final and binding arbitration. This arbitration agreement is governed by the Federal Arbitration Act, and will be interpreted and enforced accordingly.

A. INFORMAL DISPUTE RESOLUTION

Before either party may seek arbitration, the parties agree to attempt to resolve any Dispute informally pursuant to Section 12.2.1. The statute of limitations and any filing fee deadlines shall be tolled for forty-five (45) days from the date that either you or the Company first sends the applicable notice, allowing the parties to engage in this informal dispute resolution process.

B. BINDING ARBITRATION

Any Dispute not resolved through the informal dispute resolution process within 60 days shall be resolved by a neutral arbitrator through final and binding arbitration.

The arbitration will be administered by National Arbitration and Mediation ("NAM") pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here). The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in a court of law.

C. EXCEPTIONS

This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

D. WAIVER OF JURY TRIAL

YOU AND THE COMPANY KNOWINGLY AND IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all Disputes shall be resolved by arbitration under these Terms, except as specified herein.

E. WAIVER OF CLASS AND REPRESENTATIVE ACTIONS

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE PROHIBITED. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

F. BATCH ARBITRATION

To increase the efficiency of administration and resolution of arbitrations, you and the Company agree that if twenty-five (25) or more claimants, represented by the same or similar counsel or organizations, file demands for arbitration raising substantially similar Disputes within a ninety (90) day period, then NAM shall administer them in batches.
- Batch Administration: NAM will administer these demands in batches of up to fifty (50) claimants each ("Batch").
- Consolidation: NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees due per side per Batch, and one final award for that Batch.
- Substantially Similar Disputes: Requests are deemed of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.

This Batch Arbitration provision shall be interpreted in accordance with NAM's Supplemental Rules for Mass Arbitration Filings, but shall in no way be interpreted as authorizing a class, collective, or mass arbitration or action of any kind, except as expressly set forth in this provision.

G. OPT-OUT MECHANISM

You have the right to opt out of the binding arbitration agreement set forth in this section within thirty (30) days of the date you first accepted these Terms.

To effectively opt out, you must provide us with notice of your decision by certified mail to the physical address listed below:

Butterfly Effect Pte. Ltd.

455 Market St Ste 1940, PMB 846230

San Francisco, CA 94105-2448, USA

Attn: Legal Department – Arbitration Opt-Out

13. DMCA/Copyright complaints

We may terminate membership privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to Company by the respective intellectual property owner or their legal agent. We may delete or disable content that we believe violates these Terms or is alleged to be infringing. If you believe that your intellectual property rights have been infringed, please send notice to us as follows:

By Certified Mail:

Butterfly Effect Pte. Ltd.
455 Market St Ste 1940, PMB 846230
San Francisco, CA 94105-2448, USA
Attn: Copyright Agent

copyright@Monica.im

14. Miscellaneous

14.1 U.S. Federal Government End-Use Provisions

If you are a U.S. federal government end user, the Services constitute a "commercial item" as defined in 48 C.F.R. §2.101.

14.2 U.S. Legal Compliance

You represent and warrant that: (i) You are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist-supporting" country; (ii) You are not listed on any U.S. government list of prohibited or restricted parties.

14.3 Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be modified and interpreted to achieve the objectives of the provision to the greatest extent permitted under applicable law, and the remaining provisions will remain in full force and effect.

14.4 Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

14.5 Electronic Notice

The communications between you and Company may take place via electronic means, whether you visit the Services or send Company emails, or whether Company posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Company in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign")

14.6 Assignment

The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company's prior written consent. Company may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

14.7 Modifications

When changes are made, Company will make a new copy of these Terms and/or Supplemental Terms, as applicable, available on the Service, and we will also update the "Last Updated" date at the top of this Agreement. If we make any material changes and you have registered an account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an account and thirty (30) days after posting for users with an account. Company may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.

15. Contact Us

If you have any questions about these terms and conditions, you can contact us via contact@monica.im.