Monaeo Terms of Service

[Last modified on 26th May, 2016]

1. Preamble

By accessing, www.monaeo.com (the “Website”), and mobile application (collectively, “Services”, including all material contained therein), you declare your assent to the following Terms and Conditions, our Privacy Policy and Data Retention Policy. Please read them carefully. The provisions of this Agreement will govern your use of our Services. Nothing in this Agreement is intended to create any enforcement rights by third parties. Should you have any questions or comments regarding our Services, or its policies, please feel free to contact us at support@monaeo.com.

  • 1.1 Party Definitions and Introductory Terms – The parties referred to in this Agreement are defined as follows:
    • 1.1.1. Monaeo, Inc., a Delaware incorporated company, is the operator of the Services. Hereinafter, Monaeo, Inc. shall be referred to as “Company”. When first-person pronouns are used in this Agreement, (Us, We, Our, and Ours) these provisions are referring to Company as publisher of these Services. Our Services may contain images and content, including but not limited to text, software, graphics, data, messages, geospatial data, or any other information, and any other content owned, operated, licensed, or controlled by the Company (collectively, Materials”).
    • 1.1.2. As the user of our Services, this Agreement will refer to the user as “you” or through any second-person pronouns, such as “yours”. Hereinafter, the user of our Services shall be referred to in applicable second-person pronouns.
    • 1.1.3. This Agreement applies to all users whether they have registered with our Website or not. You become a user by accessing the Services in any way. You need not register with the Services to make this Agreement apply to you. You register with our Services when you request a username and password, as discussed below.
  • 1.2 Through these Terms and Conditions, we are placing legal conditions on your use of these Services and making certain promises to you:
    • 1.2.1. You must agree to all of the conditions in this Agreement. You do not need to use our Services, therefore if you do not wish to be bound by each and every provision in this Agreement, you should discontinue use of our Services.
    • 1.2.2. By using these Services, you represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and Conditions and register for the Services. The Services are not available to individuals who are younger than 13 years old.
    • 1.2.3. You agree not to use or access the Services if doing so would violate the laws of your city, state, province, or country.
  • 1.3 If you do not understand all of the terms in this Agreement, then you should consult with a lawyer, or other legal professional, before using the Services.
  • 1.4 Revisions to this User Agreement – If you fail to periodically review this Agreement to determine if any of the terms have changed, you assume all responsibility for your failure to do so.
  • 1.5 Incorporations by Reference. Although this Agreement represents the primary terms and conditions of service for our Services, additional guidelines and rules are hereby incorporated by reference. The document(s) which can be found through our Services, and which are specifically incorporated by reference, and are therefore part of this Agreement are the following: Privacy Policy Data Retention Policy

2. Access

By accessing our Services, you certify that:

  • A. You are using or linking to our Services solely for personal, noncommercial purposes;
  • B. You will not copy or distribute any part of our Services without our prior written authorization, unless we make available the means for such distribution through functionality offered by the Services;
  • C. You shall not (directly or indirectly):
    • i. Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
    • ii. interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
    • iii. bypass any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services); and
    • iv. decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas, or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; and
  • D. You will fully comply with these Terms and Conditions as well as our Privacy Policy.

3. Accounts

Although portions of our Services are available without creating an account, certain features of our Services may require a subscription account with us before access is granted. You may never use another’s account without permission. If you create an account, you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account and you agree to cooperate with us in causing any unauthorized use to cease immediately. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use. We may offer special “advisor” accounts. These advisor accounts may allow the user to create and manage “client” accounts. Client account owners may give read and/or write permissions to a specific advisor. We have the right to suspend or terminate your ability to use our Services at any time, with or without cause, and may refuse any and all current or future use of our Services or any portion thereof. We reserve the right to charge a fee for your subscription and access to some or all of the Services. We reserve the right to alter the fees, or how fees are assessed at anytime.

4. Usernames and Comments

Your privilege to participate in our Services is dependent on your continued compliance with these Terms and Conditions (which includes the documents identified in Section 1.5). We may revoke your privileges, terminate your registration/account or take any other measures deemed by us to be appropriate, in our sole discretion, to enforce these Terms and Conditions if violations are brought to our attention. You agree that we may change, remove or replace any username for any reason. We may refuse to grant you, and you may not use, a monaeo.com username that is already being used by someone else; or that we reject for any other reason. For more information about usernames see our Privacy Policy.

5. Intellectual Property Rights

Subject to your acceptance of this Agreement, we grant you a limited, nonexclusive, nontransferable personal license to access and use our Services. Any unauthorized use of our Services or any of the materials contained therein immediately terminates this limited license.

6. User Submissions

  • 6.1 We allow users to submit, store and retrieve location data and/or other material for personal use. You shall be solely responsible for your own submissions and the consequences of submitting, storing, and retrieving them. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. In connection with your submissions, you affirm/warrant that you own or have the necessary licenses, rights, consents, and permissions to submit, store, and retrieve all submissions, and to enable inclusion and use of the submissions in the manner contemplated by these Terms and Conditions.
  • 6.2 You further agree that you will not:
    • i. Submit material that is protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner;
    • ii. publish falsehoods or misrepresentations that could damage us or any third party; and,
    • iii. submit material that is unlawful, infringing, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
  • 6.3 For details regarding what happens when you delete your submissions, see our Data Retention Policy

7. Location Tracking

Privacy of information is a key priority for Monaeo, Inc. Location information is only gathered after you, the mobile phone user, have agreed to use this service and accepted the Terms of Service and Privacy Policy. By accepting Monaeo, Inc.’s Terms of Service, you give Monaeo, Inc. the permission to collect location information. Monaeo, Inc. may collect location information from a number of sources including, but not limited to cell tower triangulation, wifi, GPS. Monaeo, Inc. may also explicitly request access to other sources of information that contain location information including but not limited to calendars, credit and debit card records, travel or toll-booth records.

  • 7.1 Location Information from Mobile Network Carriers Monaeo, Inc. may partner with mobile network carriers, or third party companies that work with mobile carrier networks, to obtain the location information of your device. Such location information will only be collected after you, the mobile phone user, have agreed to use Monaeo Inc.’s service. This agreement process may be initiated via a unique link to a webpage that you may receive via SMS, push notification, email, or other similar method. You may then accept this agreement by visiting the linked webpage and clicking the “opt-in” button, or by replying “YES” to the SMS. At any time you can cancel Monaeo Inc.’s ability to obtain your location coordinates from mobile carrier networks by re-visiting this webpage and clicking the “opt-out” button, or by replying either “NO” or “STOP” to the SMS. At any time, users may cancel Monaeo, Inc.’s ability to obtain their location coordinates from mobile network carriers by visiting www.monaeo.com. For support on location information from mobile network carriers, users may reply “HELP” to the SMS or contact Monaeo, Inc. by emailing support@monaeo.com or calling +1 917.376.3767.

Location information from mobile network carriers may be available in limited geographies and select carriers (AT&T, T-Mobile, Sprint and Verizon Wireless in the United States). The location service from the third party may not be available if the phone is roaming or is turned off. Other Network Carriers will be added as they become available. Message and Data rates may apply. SMS, push notification and other similar messages may be sent a minimum of 2 times per week based on your profile settings.

8. Information Use

Monaeo, Inc. uses location and other data for the purposes of helping you comply with your tax obligations. Information collected will not be shared with third parties, except after obtaining your explicit permission or to comply with legal requirements and obligations. For details on how the data is stored, shared and what happens when you delete your data, see our Privacy Policy and Data Retention Policy.

9. Warranty Disclaimer

This site is a resource of general information designed to help users safely cope with their own legal needs. It is not intended to be a source of solicitation or legal advice. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation. You should not rely or act upon any information in this site without seeking professional legal counsel. No attorney-client relationship is created by your use of these Services. The Services do not comprise tax advice and should be only used for your own information. We will provide links to other Web sites related to the topic(s) covered in the Services, but we do not intend such links to be referrals for employment. Further, we cannot vouch for the truth or accuracy of those sites. YOU AGREE THAT YOUR USE OF OUR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • A. errors, mistakes, or inaccuracies of content;
  • B. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services;
  • C. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • D. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY;
  • E. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE.
  • F.ANY USER PROVIDED MATERIAL OR SERVICES FOR ANY PURPOSE THAT VIOLATES ANY LAW.

WE do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our website or any Linked website or featured in any banner or other advertising, and we will not be a party to, or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. We specifically disclaim any responsibility or liability for any misrepresentations regarding a user’s age.

10. Limitation of Liability

In no event shall the company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

  • A. errors, mistakes, or inaccuracies of content;
  • B. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website;
  • C. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • D. interruption or cessation of transmission to or from our website;
  • E. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY;
  • F. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WE MAKE NO REPRESENTATIONS THAT OUR WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE OUR WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Services; (ii) your violation of any part of these Terms And Conditions; (iii) your violation of any third party right, including without limitation any patent, trademark, copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of our Services. From time to time due to technological factors, scheduled software uploads and other factors beyond or within our control, the Services may be temporarily interrupted and/or access to our Services and the ability to log into the Services may not be available. You agree to hold us harmless against any such interruption of or inability to access the Services.

12. General

These Terms and Conditions, together with the Privacy Policy and any other legal notices published by us on our Services, shall constitute the entire agreement concerning our Services. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If any court of competent jurisdiction makes a determination that a portion of the Agreement is not enforceable, or a portion of the Agreement makes this Agreement unenforceable, the court shall be, and hereby is, empowered and directed to reform the portion to the extent necessary to render it enforceable, affording the greatest protection to our interests. No waiver of any portion of these Terms and Conditions shall be deemed a further or continuing waiver of such portion or any other portion, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. All headings are solely for convenience and shall not affect the meaning, construction or effect of this Agreement. The name of our Services, MONAEO is considered a trademark service mark owned by us. ANY CAUSE OF ACTION AGAINST US, ARISING OUT OF OR RELATED TO THE WEBSITE, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.