Terms for Beta Testers Using the App Distribution Service from MondayHero (“Beta Tester Agreement”)
1. This is a legal agreement between you, either an individual or an entity (“you” or “Company”), and MondayHero. Your use of the App Distribution service (the “Service”) from MondayHero is subject to and governed by this Beta Tester Agreement, as well as the MondayHero Agreement provided by MondayHero which is incorporated by reference as such terms are supplemented and modified by this Beta Tester Agreement. PLEASE READ THIS BETA TESTER AGREEMENT CAREFULLY. BY CLICKING THE NEXT BUTTON OR BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE MONDAYHERO AGREEMENT AND THIS BETA TESTER AGREEMENT. IF YOU DO NOT AGREE TO ALL SUCH TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
2. Beta Disclaimer: MONDAYHERO HEREUNDER IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. MONDAYHERO IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA LICENSED SOFTWARE AND/OR ACCOMPANYING MATERIALS.
3.Subject to the terms and conditions of this Beta Tester Agreement (as a condition to the grants herein), MondayHero hereby grants and you accept a limited, non-exclusive, non-assignable, non-sublicensable license to access, download, and use the Service for the sole purpose of beta testing mobile applications distributed through the Service that have not yet been publicly released (“Beta Applications”) for your internal, non-commercial evaluation. All right, title, and interest in the Service will remain the exclusive property of MondayHero and all right, title, and interest in Beta Applications distributed through the Service that you test will remain the exclusive property of the developer who distributes the Beta Applications.
4. You agree that you cannot demonstrate, copy, sell or market Service to any third party, publish or otherwise disclose information relating to performance or quality of the Service to any third party, modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Service or any portion thereof.
5.You agree that you will not try to access to system unauthorized, try to change the product or harm the Service any way, if these occur, Mondayhero reserves the right to claim for compensation.
6. “Confidential Information” means any information disclosed by one party (“Discloser”) to the other party (“Recipient”) that is marked or otherwise identified as “confidential” or “proprietary” or by its nature or the circumstances of disclosure should reasonably be understood to be confidential, including without limitation, all financial, business or technical information disclosed in relation to this Agreement. Except for the specific rights granted by this Agreement, the Recipient may not use, copy or disclose any Confidential Information of the Discloser without Discloser’s prior written consent, and shall use no less than reasonable care to safeguard Discloser’s Confidential Information, including ensuring that Recipient’s employees, contractors and agents (“Representatives”) with access to Discloser’s Confidential Information have a need to know such Confidential Information for the purposes of this Agreement and are bound by confidentiality obligations no less protective of the parties as those set forth herein. The foregoing obligations shall not apply to any Confidential Information that Recipient can demonstrate is (a) already known by it without restriction, (b) rightfully furnished to it without restriction by a third party not in breach of any obligation to Discloser, (c) generally available to the public without breach of this Agreement or (d) independently developed by it without reference to or use of any of Discloser’s Confidential Information and without any violation of any obligation of this Agreement. Each party shall be responsible for any breach of confidentiality by its Representatives, as applicable. Promptly upon Discloser’s request at any time, Recipient shall return all of Discloser’s tangible Confidential Information, permanently erase all Confidential Information from any storage media and destroy all information, records, copies, summaries, analyses and materials developed therefrom. If you want MondayHero to delete your Confidential Information, please send your request to [email protected] Nothing herein shall prevent a party from disclosing any of the other’s Confidential Information as necessary pursuant to any court order or any legal, regulatory, law enforcement or similar requirement or investigation; provided, however, prior to any such disclosure, Recipient shall use reasonable efforts to (i) promptly notify Discloser in writing of such requirement to disclose where permitted by law, and (ii) cooperate with Discloser in protecting against or minimizing any such disclosure and/or obtaining a protective order.
7. Any feedback, comments, or suggestions you may provide about the Service or Beta Applications is entirely voluntary, and MondayHero and application developers will be free to use such feedback, comments or suggestions as they see fit and without any obligation to you. The rights of MondayHero and applications developers to your feedback continue after termination, as do your confidentiality obligations and the various limitations on MondayHero’ liability described below and in the MondayHero Agreement.
8. MondayHero may, in its sole discretion, at any time, terminate or discontinue the Service, discontinue your participation in the Service, or remove your feedback. You acknowledge and agree that all such decisions by MondayHero are final and MondayHero will have no liability with respect to such decisions.
9. You agree that you are solely responsible for (and that MondayHero has no responsibility to you or to any third party for) any content that you create while using the Service and for the consequences of your actions (including any loss or damage which MondayHero or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You shall indemnify and hold MondayHero harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by MondayHero as a result of or in connection with your breach of any third party’s intellectual property or similar rights.
10. You agree and understand that Service is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. Software may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. Software is provided 'AS IS' without warranty of any kind. The entire risk arising out of the use or performance of Software remains with Licensee. In no event shall MondayHero be liable for any damage whatsoever arising out of the use of or inability to use Software, even if MondayHero has been advised of the possibility of such damages.
11. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorised use of your password or of your account, you agree to notify MondayHero immediately at info at [email protected]
12. Beta Tester Agreement is provided in English. Where MondayHero has provided you with a translation of the English language version of the Beta Tester Agreement, you agree that the translation is provided only for your convenience, and that the English language versions of the Beta Tester Agreement will govern your relationship with MondayHero. If there is any contradiction between what the English language version of the Beta Tester Agreement says and what a translation says, then the English language version shall take precedence.
1. Information we collect.
1.1. We collect and further process the following types of information:
i. Your username, password, e-mail address, job role, and work experience when you register for MondayHero account.
ii. User content (e.g., comments) that you post to the Software.
iii. Communications between you and MondayHero.
iv. We may send you e-mails related to the Software (e.g., news, changes/updates to features of the Software), whereas you may opt out of those Software-related e-mails.
v. Information about your use of the Software, both anonymous and user-specific. We may use third-party analytics tools to help us measure usage trends for the Software. This does not involve any analysing of personal data.
vi. When you access the Software, you disclose certain information related to your hardware and software that we automatically collect. For example, we may collect upon your consent in particular your IP (Internet Protocol) address, operating system, browser type, access times, pages visited, search terms, mobile carrier, device type, device IDs, and application IDs. We collect this information to generate statistics about use of the Software and use the results to customize as well as improve the overall quality of the Software (the “Log data”).
2. How MondayHero uses your information
2.1 We may use information that we receive to:
i. Help you efficiently access your information and user profile after you sign in;
ii. Provide personalized content and information to you and others, which could include online ads or other forms of marketing;
iii. provide, improve, test, and monitor the effectiveness of our Software;
iv.develop and test new products and features;
v. monitor metrics such as total number of visitors, traffic, and demographic patterns;
vi. diagnose or fix technology problems.
Upon your explicit consent, we may also use your personal information you give to us as well as other personal information we gain from your behaviour and use of the Software (such as Log data) for automated decisions, including profiling, in order to provide you with personalized content and/or advertising bespoke to your needs and preferences.
3. Sharing of your information
3.2. The data will be stored by following cloud providers (processors):
i. Google Commerce Limited ('GCL') with offices at Gordon House, Barrow Street, Dublin 4, Ireland, used for storage of your data in the Software (these data include personal data). Our relationship with Google Commerce Limited is subject to Google Cloud Platform Terms of Service. The data may be partially processed outside of the European Economic Area.
ii. We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine any anonymized information with other information in a way that it is no longer associated with you and share that aggregated information.
iii. We may access, preserve and share your information to comply with legal requirements. We may also access, preserve and share information when it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
4. Security of your information
4.2 To register with the Software, you will be required to select a password to protect your account. You must keep your password confidential.
5. Your choices about your information
5.1 You can update your account information(password is not included) at any time by sending us an email on [email protected]. You can change your password on forgot password link in the MondayHero applications.
5.2 You are entitled to unsubscribe from email communications from us at any time by sending us an email on [email protected].
6. Period of processing
6.1. We store and process your personal information for the period of your use of the Software. Following termination or deactivation of your account, MondayHero or its Software Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival or audit purposes or for establishment, exercise or defence of our legal claims; such information will not be retained for more than 1 year after your termination or deactivation of your account and will not be used for any other purposes.
7. Your rights
7.1. We take reasonable measures to ensure that you are able to keep your personal information accurate and up-to-date. You can always ask us to confirm whether or not we process your personal information and if we do, to what extent, and require access to it.
7.2. In accordance with applicable laws and as further detailed below, you have the right to request access to, rectification, erasure or portability (e.g. to another service provider) of your personal information that we process, as well as to request restriction of such processing. You can also withdraw your consent that you have given to us at any time. Please note that withdrawal of your consent does not affect lawfulness of any processing done on the understanding that you had given the consent before.
7.3. Inaccurate information. If you find out that your personal information is inaccurate or incomplete and you may request us to update such personal information. We will verify your information accordingly without undue delay.
7.4. Erasure of your personal information. You can request that we erase your personal information at any time. If you approach us with such a request, we will delete (and ensure deletion by the processors that we engage) your personal information we have without undue delay. We will also delete all your personal information in case you withdraw your consent or under the circumstances that applicable laws require us to do so. Your personal information will be deleted accordingly, provided that it is no longer necessary for provision of the Software or there is no other legal ground for the processing.
7.5. Restriction of processing. If you request to restrict the processing of your personal information, e.g. in circumstances when you contest the accuracy of your personal information, or lawfulness of our need to process your personal information, we will limit processing of your personal information to the necessary minimum (storage). In such case, if applicable, we will process your personal information only for the establishment, exercise or defence of legal claims or, where necessary, for protection of rights of another natural or legal person, or other limited reasons dictated by the applicable law. In case the restriction is lifted and we continue processing your personal information, we will inform you accordingly without undue delay.
7.6. Portability of your personal information. You have the right to receive personal data which relate to you and you have provided to us. If you approach us with such request, we will provide you with your personal information in a commonly used and machine-readable format. If you request so, we may also send your personal information to a third party (another data controller) which you may identify in your request, unless such request would adversely affect rights or freedoms of others or would not be technically feasible.
7.7. Objections to direct marketing. If you no longer wish to receive marketing or promotional materials from us or you do not wish that your personal information is used for profiling as related to such marketing or promotional activities, you can request that we cease the use of your personal information for these purposes. In such case, you will no longer be able to benefit from some of the Software or specific features for which this category of processing is essential (i.e. the receipt of (personalised) marketing and promotional materials).
7.8. If you exercise any of your rights according to this Section or applicable laws, we will communicate any rectification or erasure of your personal data or restriction of processing in accordance with your request to each recipient to whom the personal information has been disclosed pursuant to Section 3, unless such communication proves impossible or involves disproportionate effort.
7.9. If you wish to exercise these rights and/or obtain all relevant information, please contact [email protected] We will respond within 1 month after receipt of your request, but we retain the right to extend this period up to 2 months if necessary. We will in any event inform you within 1 month after receipt of your request whether it is necessary to extend the period to respond.
8. Children's privacy
8.1. MondayHero does not knowingly collect or solicit any information from anyone under the age of 13 (unless their national laws require that they are older) or knowingly allow such persons to register for the Software. The Software and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
9. Other websites and services
9.1. We are not responsible for the practices related to personal data protection employed by any websites or services linked to or from our Software, including the information or content contained within them.
10. How to contact us