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Moniary

Terms of Service - Moniary

Effective Date: April 8, 2025

Last Updated: April 8, 2025

Welcome to Moniary! These Terms of Service ("Terms") govern your access to and use of the Moniary website, services, and applications (collectively, the "Service"), owned and operated by Sunamity, s.r.o. ("Moniary", "we", "us", or "our"). Our registered office is at Korunní 2569/108, Vinohrady (Praha 10), 101 00 Praha, Czech Republic, IČO: 22046496.

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

1. Description of Service

Moniary is a Software-as-a-Service (SaaS) product that uses artificial intelligence (AI) to connect to your designated email account(s), automatically identify and extract data from order confirmation emails, shipping notifications, and related communications, and organize this information within your Moniary dashboard. The goal is to help you track online purchases, manage potential returns, and gain insights into your online spending ("Purpose").

2. Account Registration and Security

  • Eligibility: You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. If using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
  • Account Creation: You may need to register for an account to access certain features. You agree to provide accurate, current, and complete information during registration and keep your account information updated.
  • Account Security: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. Moniary cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

3. License to Use the Service

Subject to your compliance with these Terms, Moniary grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for the Purpose described herein, during the term of your subscription (if applicable).

4. Your Content and Data

  • Email Access: To use the Service, you must grant Moniary permission to access your designated email account(s) via secure authentication methods (e.g., OAuth). You represent and warrant that you have the necessary rights to grant this access.
  • Data Processing: You grant Moniary the right to scan, access, process, and temporarily store email content solely for the Purpose of identifying and extracting relevant order, shipping, and return information and providing the Service features to you. We process this data automatically. Our access and use of email data obtained via APIs (like Gmail) will adhere to the respective API service's user data policies, including Limited Use requirements where applicable.
  • Ownership: You retain full ownership of your emails and the underlying data contained within them. The extracted and organized data presented in your Moniary dashboard ("Extracted Data") is also your content.
  • Responsibility: You are solely responsible for the accuracy, legality, and appropriateness of the data in your email account.

4.1 Google API Services

When you connect your Google account to our Service, we access your data in accordance with Google's API Services User Data Policy:

  • Limited Use: Our use of data obtained via Google APIs adheres strictly to Google's Limited Use requirements. This data will only be used to provide and improve user-facing features that are prominent in our application's interface.
  • Transfers: We will not transfer this data to others except as necessary for security purposes, legal compliance, or with your explicit consent. Any such transfer will occur only after obtaining your affirmative agreement.
  • Human Review: We do not allow humans to read your data unless: (1) we have your affirmative agreement to view specific messages, (2) it is necessary for security purposes, (3) it is required to comply with applicable law, or (4) our use is limited to internal operations and the data has been aggregated and anonymized.
  • Prohibited Uses: We will never sell your data to third parties, use it for advertising, determine creditworthiness, or other prohibited uses under Google's policies.
  • Our use of Google API Services is subject to the Google API Services User Data Policy and the Google APIs Terms of Service.

5. Acceptable Use Policy

You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms, including but not limited to:

  • Violating any applicable local, state, national, or international law or regulation (including GDPR, CCPA, CAN-SPAM).
  • Attempting to gain unauthorized access to the Service, other accounts, or computer systems.
  • Interfering with or disrupting the integrity or performance of the Service.
  • Reverse engineering, decompiling, or disassembling any portion of the Service.
  • Using the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights.
  • Sending spam or otherwise duplicative or unsolicited messages.

6. Fees and Payment (If Applicable)

  • Subscription Plans: Certain features of the Service may require payment of subscription fees. Available plans and their fees will be detailed on our website.
  • Billing: We use a third-party payment processor (e.g., Stripe) to bill you. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.
  • Renewals: Subscriptions may automatically renew unless cancelled prior to the renewal date according to the terms specified at the time of purchase.
  • Changes: We reserve the right to change subscription fees upon reasonable prior notice.
  • Refunds: Please refer to our refund policy available on the website or contact support. Generally, fees are non-refundable except as required by law or explicitly stated otherwise.

7. Intellectual Property Rights

The Service and its original content (excluding Your Content), features, and functionality are and will remain the exclusive property of Sunamity, s.r.o. and its licensors. The Service is protected by copyright, trademark, and other laws of both the Czech Republic and foreign countries. Our trademarks may not be used in connection with any product or service without our prior written consent.

8. Third-Party Services

The Service may integrate with or provide links to third-party websites or services (e.g., email providers, shipping carriers) that are not owned or controlled by Moniary. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services. Your use of third-party services is subject to their respective terms and policies.

9. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MONIARY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE DATA EXTRACTED WILL BE ACCURATE OR COMPLETE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONIARY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT of OR RELATING TO THE USE of, OR INABILITY TO USE, THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, MONIARY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT of OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS of THE FORM of THE ACTION, IS LIMITED TO THE AMOUNT YOU PAID MONIARY TO USE THE SERVICE IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR €50 EUR, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS).

SOME JURISDICTIONS (E.G., WITHIN THE EU) DO NOT ALLOW THE EXCLUSION of CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION of LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME of THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Moniary and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

12. Term and Termination

  • Term: These Terms commence upon your acceptance and continue until terminated.
  • Termination by You: You may terminate your account and these Terms at any time by discontinuing use of the Service and deleting your account (if applicable) via the service interface or by contacting us.
  • Termination by Moniary: We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
  • Effect of Termination: Upon termination, your right to use the Service will cease immediately. Provisions that by their nature should survive termination shall survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability). We may delete your account data upon termination, subject to our Privacy Policy and legal obligations.

13. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions. For EU consumers, this choice of law shall not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law applicable where you habitually reside.

Dispute Resolution: Any dispute arising from or relating to the subject matter of these Terms shall be governed by the laws of the Czech Republic. Disputes shall be resolved in the competent courts of Prague, Czech Republic, unless otherwise required by mandatory consumer protection laws.

If you are an EU consumer, you may benefit from the European Commission's online dispute resolution platform: https://ec.europa.eu/consumers/odr. We are not obligated nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect (e.g., via email or a notification within the Service). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

15. Contact Information

If you have any questions about these Terms, please contact us at:
Sunamity, s.r.o.
Korunní 2569/108, Vinohrady (Praha 10), 101 00 Praha, Czech Republic
IČO: 22046496
Email: support@moniary.com

16. Miscellaneous

  • Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Moniary regarding our Service and supersede all prior agreements.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.