ACCEPTANCE OF TERMS OF SERVICE

These Terms of Service (the “Terms of Service”) describe the terms by which Monday Noise SAS (“Monday Noise”) offers you access to its website (the “Service") and the content and services offered on these Services. In consideration of Monday Noise granting you access to the Service, you acknowledge that you have read and understand each of the terms and conditions of these Terms of Service and agree that these Terms of Service govern your use of the Service. If you do not agree to accept these Terms of Service, you may not access or otherwise use the Service. Any continued use of the Service or Monday Noise’s product (RIDGE) implicitly means an acceptance of the Service and the terms and conditions stated herein.

 

 

MODIFICATION OF TERMS OF SERVICE

Monday Noise may modify these Terms of Service at its sole discretion by publishing the revised terms on the Service, with the revised terms taking effect as of the date of publishing. Your continued use or repeated use of the Service indicates your consent to be bound by such revised Terms of Service. You are advised to regularly review any applicable terms and conditions.

 

 

ACCOUNT CREATION

In order to access certain parts of the Service, you may be required to create an account. In order to create an account, you will be required to provide your name, email address and a password. You agree to provide accurate and complete information for your account and to update that information promptly in case of any changes. We will maintain your account information in accordance with the terms and conditions of our Privacy Policy. You are responsible for maintaining the confidentiality of your account log‐in information, and for all activities that occur through the use of your account. You agree to: (i) immediately notify us of any unauthorized use of your account or any other breach of security, and (ii) ensure that you log-out from your account at the end of each session. By creating an account on our website, you represent that you have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to these terms and conditions, on behalf of yourself and, at your discretion, on behalf of a minor child over the age of thirteen (13) for whom you are a parent or a legal guardian and who you have authorized to use the account. You further agree that you are entirely liable and responsible for all activities conducted through your account, and that you are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of these Terms of Service.

 

 

USE OF THE WEBSITE AND RESTRICTIONS

Documents published by Monday Noise on the Service can be copied for personal and non-commercial use only. Such authorization does not allow use of copyrighted content from the Service for the unauthorized sale of Monday Noise products or Service. Any copy you make of any documents shall retain all copyright and other proprietary notices contained herein. Images, logos and other content are not included in this authorization unless they are embedded within the documents. The authorization may be revoked by Monday Noise at any time, without any justification. In case of such revocation, you must promptly destroy all contents downloaded or otherwise obtained from the Service, as well as all copies of such contents. You agree that you will not, in connection with your use of the Service, violate any applicable law or regulation. You may not use the Service in any way not permitted by the Terms of Service. You agree that you will not (i) take part of any attack on the Service, (ii) disrupt or try to disrupt the Service or any other person’s use of it, (iii) attempt to gain an unauthorized access to the Service, or any computer or network connected to it. You may access and use the Service via mobile devices, as the Service contain specific Service and features that can be used from certain mobile devices. Monday Noise does not guarantee that all the Service and features will be accessible through all devices.

 

 

TERMINATION OF THE TERMS OF SERVICE

The Terms of Service will continue to apply until terminated by either you or Monday Noise. You may terminate the Terms of Service at any time by closing all of your accounts on the website or deleting the applications. Monday Noise may terminate the Terms of Service at any time if (i) you breach these terms and conditions, or (ii) if Monday Noise is required to do so by applicable law. However, continued use of Monday Noise’s products will not imply a termination of the software offered by Monday Noise.

 

 

USE OF PERSONAL DATA

Please refer to our Privacy Policy for more information.

 

 

LINKS

Links to websites or applications operated by third parties may be provided by Monday Noise. Use of these websites or applications is at your own risk as the content available on the linked websites and the applications are not under the control of Monday Noise. Monday Noise disclaims all liability regarding your access to and use of such linked websites or applications.

 

 

INTELLECTUAL PROPERTY

You agree that the Service, including but not limited to products, graphics, user interface, video clips, audio clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Monday Noise and/or its licensors, and is protected by intellectual property laws.

 

 

DISCLAIMER OF WARRANTIES

According to the maximum extent permitted by law, the Service is provided on an « as is » and « as available » basis for your use, without warranties of any kind, either express or implied. This includes without limitation the warranties of merchantability, fitness for your particular purpose, title, non-infringement. Monday Noise does not warrant the accuracy, completeness or reliability of any content available on the site or its performance. Use of Service is at your own risk. Monday Noise does not guarantee that the Service will be available at the times or place of your choosing, or that the Service will be uninterrupted or free of error. Monday Noise makes no warranty that the Service are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you.

If you are a customer who is a consumer (not a professional client) you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICE AND ANY SERVICE PERFORMED BY OR ACCESSED THROUGH THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MONDAY NOISE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

MONDAY NOISE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICE PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICE. INSTALLATION OF THIS SERVICE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICE, AS WELL AS MONDAY NOISE PRODUCTS AND SERVICE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MONDAY NOISE OR A MONDAY NOISE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

 

LIMITATION OF LIABILITY

Monday Noise liability shall not be excluded or limited in case of death or personal injury, fraud, or anything which cannot be excluded or limited by applicable law. Monday Noise shall not be liable to you whether in contract, tort including negligence or any other theory of liability, and whether or not the possibility of such damage or losses has been notified to Monday Noise for (i) any indirect, incidental, special or consequential damages, (ii) any loss of income, business, actual or potential profits, goodwill or opportunity, (iii) any damage resulting in loss of data, (iv) any failure to provide Monday Noise accurate account information or to keep your account details secure and confidential.

 

 

INDEMNITY

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Monday Noise and its affiliates from and against any and all claims and all liabilities, losses, costs or damages resulting from (i) your breach of these Terms of Service, (ii) your infringement or violation of any intellectual property, (iii) or any misuse of the Service by a third party made possible by your failure to take reasonable measures in order to protect your account information.

 

 

GEOGRAPHIC SCOPE

The Service is operated by Monday Noise from its office in Paris, France. Monday Noise reserves the right to limit the provision and/or quantity of any feature, product or service offered on the Service to any person or territory.

 

 

GOVERNING LAW

The Service are operated by Monday Noise from its office in Paris, France and you accept that French laws apply to the Service. The fact that certain technical elements used in the operation of the Service may be located elsewhere does not in any way affect the full submission of the Service to French laws.

Last update: 29^th of June 2022