Marketplace Terms of Service - monday.com Legal Portal

·Home Marketplace & developers Last Updated: February 21, 2022

·Marketplace Terms of Service

·Last Updated: February 21, 2022

·Welcome to the monday.com Marketplace! The following terms between monday.com Ltd. ("monday.com", "us", "we" or "our") and you, either individually, or on behalf of your employer or any other entity which you represent ("you" or "your"), together with our monday.com Terms of Service and Privacy Policy, govern using the monday.com Marketplace (the "Marketplace").

·In case you represent your employer or another entity, you hereby represent that (a) you have full legal authority to bind your employer or such entity (as applicable) as set forth herein; and (b) you read and understood these Marketplace Terms of Service, and you agree to them on behalf of your employer or the respective entity (as applicable).

·The monday.com Marketplace.

11. The monday.com Marketplace allows you to find ready-made apps ("Apps") to expand the capabilities of the monday.com platform. Apps are mostly developed and provided by third parties (a "Third Party" and "Third PartyApps"), and some Apps may be developed and provided by monday.com ("monday.com Apps"). By enabling Third Party Apps or using the Marketplace, you agree to these Marketplace Terms of Service. If you do not agree to these Marketplace Terms of Service, do not place an order or use or access the monday.com Marketplace.

22. The monday.com Marketplace is part of the monday.com Service, and the term "you" refers to the monday.com customer who holds a subscription to the monday.com Service. These Marketplace Terms of Service do not derogate from the generality of the monday.com Terms of Service ("Terms of Service"), which are included herein by reference and apply to the use of the monday.com Marketplace. In particular, data collected through your interaction with the monday.com Marketplace or received from any Third Party are handled by us in accordance with our Privacy Policy. The monday.com Marketplace includes any webpage, interface or service at which monday.com makes Apps available for installment.

·As noted above, monday.com Apps are subject to the Terms of Service and any particular terms notified to you, all as in effect from time to time.

33. Third Party Apps Are Not Part of Our Service.

·THIRD PARTY APPS ARE NOT PART OF THE monday.com SERVICE, and are considered "Third Party Services" as defined in theTerms of Service, which are hereby included herein by reference. ALL THIRD PARTY APP PROVIDERS S ARE INDEPENDENT PARTIES FROM monday.com. PLEASE NOTE ESPECIALLY THE EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY INCLUDED IN THE TERMS OF SERVICE, AND THAT THE AGREEMENT WITH THE RESPECTIVE Third Party, NOT THE monday.com PRIVACY POLICY OR OTHER monday.com TERMS, CONTROLS THE USE OF YOUR DATA IN THE FRAMEWORK OF THE THIRD PARTY SERVICES.

·monday.com does not develop, maintain or support Third Party Apps. Whenever you enable or use a Third Party App, you are contracting directly with the Third Party Provider of such App, under terms and conditions concluded between you and such Third Party.

·monday.com is not party to such terms, and will not be responsible or liable in any way for the Third Party App or for the actions or omissions of such Third Party. Your use of any Third Party App is and remains at your own risk and responsibility. You should enable and use Third Party Apps only if you trust them. While monday.com conducts limited reviews of functionality and security of Third Party Apps and may host them, we do not endorse any Third Party App. It is your responsibility to evaluate Third Party Apps before you use such Apps, and you agree that monday.com will not have any liability as a result of listing, reviewing, certifying or enabling any Third Party App.

·Your use of Third PartyApps is subject to the Third Party terms, privacy policies and other applicable terms specified by the Third Party ("Third Party Terms"). It is your responsibility to review Third Party Terms and you should not use an App if you do not agree with the Third Party Terms.

·You further agree to use Third PartyApps only together with such parts of the monday.com Service as per the intended functionality of the App.

·If you have a dispute with a Third Party App provider, you agree to release monday.com from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

·If you install a Third Party App, monday.com may provide the Third Party with your contact information, such as your name, company name, email address, and may also provide usage data that monday.com collects based on your use of the monday.com Marketplace or Apps.

44. Billing.

·Pricing; Renewals. Some Apps are made available at no charge, and others require payment of fees. To receive access to Apps which require payment, you must pay the fees, including all taxes indicated at the time of your order (indirect taxes will be added to the fees, if required by applicable law. Pricing of any and all Apps (including any features thereof) remains subject to change at any time at monday.com's or Third Party's sole discretion and particularly subject to changes due to your designated country on your billing account. If monday.com or the Third Partylater changes an on-going subscription or other periodic fee for an App, the change will only apply to the next payment due. Terms for renewals, including pricing, will be described within the App's listing on the monday.com Marketplace.

·Payments. If applicable, for certain Third Party Apps, you will make the payment directly to the Third Party . For certain Third Party Apps, monday.com will facilitate (whether itself or through third party payment processors) the payment of the relevant Third Party App ("monday.com Billed Apps"). However, after you complete your order, your usage of any Third Party Apps will be governed by the applicable Third Party Terms. When you indicate that you wish to access a paid App, you hereby authorize monday.com, when applicable, to charge your credit card, debit card or other payment method you have specified in your account for any and all fees and taxes payable for such App from time to time, and as and when such payments become due. Please note that for Third Party Apps, monday.com shall serve only as an intermediary in facilitating or collecting the applicable fees and taxes from you.You will not have any claims against monday.com with respect to amounts paid to any Third Party. Any returns or termination policies are binding solely between you and the respective Third Party.

·Refunds. With respect to monday.com Billed Apps, you will be able to terminate your use of such an App and receive a refund of any fees paid for such App, subject to canceling your subscription within no more than 30 days of having first ordered such App. To receive a refund as mentioned, please contact [email protected]. Thereafter, please note that purchasing of the App is generally final, and no refunds will be permitted. monday.com or the Third Party, however and in their sole discretion, may refund the purchase of an App if the App does not work properly. Such refund does not, and will not, include any obligation to issue the same or similar refund in the future. With respect to Third Party Billed Apps, all refund shall be subject to the applicable terms in the applicable Third Party Terms.

·Cancellations. For Apps requiring an on-going subscription or other periodic fee, if you do not wish to continue being assessed a fee for use of the App, you may cancel your subscription through the App. Following such cancellation, your use of the App will cease and you will not be charged further amounts for the App, provided you canceled your subscription before the end of the current billing period. You will not receive a refund for the current billing period.

55. Changes to the monday.com Marketplace; General.

·monday.com may remove Apps from the monday.com Marketplace or block the functionality of Apps in case a Third Party breaches its agreements with monday.com or in order to protect legitimate interests of monday.com or the integrity of the Service. Even if you are affected by such actions of monday.com, you agree that you will not have a claim toward monday.com.

·We do not guarantee that Apps interoperate with our Service, or that changes to our Services will not cause Apps to cease to interoperate with our Service in whole or in part.

·We may discontinue the monday.com Marketplace, which, in itself, will not impact the use of Third PartyApps obtained previously. Last update: February 21, 2022