Terms of Service
Please read these terms and conditions carefully before using Our Service.
Last updated: May 10, 2025
Welcome to Monk! We are thrilled to have you as a partner in automating your accounts receivable and revenue processes. Please take a moment to review the guidelines and terms that govern your use of our website(s), products, services, and applications (collectively referred to as the "Services"). If you have any questions, feedback, or concerns about these terms or the Services, please reach out to us at:
Email: team@monk.com
Address: Monk, 215 Park Avenue South, Suite 1302, New York, NY 10003, USA
These Terms of Service (the "Terms") constitute a legally binding agreement between you and Monk, Inc. ("Monk," "we," or "us"). By accessing or using our Services in any capacity, you agree to comply with and be bound by these Terms. These Terms encompass the provisions within this document and those outlined in our Privacy Policy. Additionally, your participation in specific Services may be governed by supplementary policies, rules, or conditions ("Additional Terms"), which are incorporated herein by reference. By utilizing or engaging with such Services, you acknowledge and agree to adhere to these Additional Terms.
Please read these Terms carefully. They contain important information regarding your rights, obligations, and the limitations of our liability. These Terms also address the resolution of disputes through arbitration rather than in court. Please reach out to support@monk.com with any questions.
1. Acceptance of Terms
By accessing or using Monk's Services, you affirm that your organization has the authority to enter into this agreement and that you are authorized to bind your organization to these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Modifications to Terms
We continuously strive to enhance our Services, and as such, these Terms may be updated to reflect changes in our offerings or legal requirements. We reserve the right to modify these Terms at any time. Any changes will be communicated via our website at www.monk.com, through email notifications, or other appropriate channels.
If you do not agree with the updated Terms, you may discontinue using the Services. Continued use of the Services after the effective date of changes signifies your acceptance of the revised Terms.
3. Privacy and Data Protection
Your privacy is paramount to us. Please review our Privacy Policy to understand how we collect, use, and safeguard your information. By using our Services, you agree to the collection and use of information in accordance with our Privacy Policy.
4. Use of Services
You agree to use the Services solely for your organization's internal business operations related to accounts receivable and revenue automation and not for any unauthorized or unlawful purposes. You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations.
5. Product and Services
Subject to the terms of this Agreement, Monk will use commercially reasonable efforts to provide you with the Services.
You acknowledge that from time to time Monk may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content), and you agree to such changes. Without limiting the foregoing, Monk may, in its sole discretion, change the functionality associated with certain Paid Plans.
Subject to the terms and conditions of this Agreement, Monk grants you a non-exclusive right to access and use the Services during the applicable Subscription Term.
By using our Services, you may receive communications from Monk, including transactional emails and important updates about the Services. You can manage your communication preferences by updating your support representative via your dedicated support channel.
6. Acceptable Use Policy
You agree not to misuse the Services in any way, including but not limited to:
Violating intellectual property rights or other proprietary rights of Monk or third parties.
Engaging in fraudulent activities or attempting to manipulate billing processes.
Interfering with the security or functionality of the Services, including unauthorized access or distribution of malware.
Using automated tools or scripts to access or interact with the Services without prior authorization.
Sharing your account credentials or allowing unauthorized individuals to access your account.
Privacy Violations: Collecting or attempting to collect personal data about others without their knowledge or consent
Harmful Conduct: Inciting violence, harm, or illegal activities; targeting or harassing specific individuals or groups.
Misusing Services: Reselling or redistributing the services without explicit permission or reverse-engineering the Monk platform
Violations of these provisions may result in the termination of your access to the Services.
7. Intellectual Property Rights
All content and materials available through the Services, including but not limited to text, graphics, logos, and software, are the property of Monk or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your organization's internal business purposes. Any unauthorized use, reproduction, or distribution of the content is prohibited.
8. Data
"Your Data" means any data, insights, graphs, charts, reports, dashboards, content, code, software, video, images or other materials of any type that you upload, submit or otherwise transmit to or through Services. You will retain all right, title and interest in and to Your Data in the form provided to Monk Platform.
Subject to the terms of this Agreement, you hereby grant to Monk a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Data, in each case solely to the extent necessary to provide the applicable Service to you and (b) for Services that enable you to share Your Data or interact with other people, to distribute and publicly perform and display Your Data as you (or your Authorized Users) direct or enable through the Service. Monk may also access your account or instance in order to respond to your support requests.
We may remove or delete Your Data within a reasonable period of time after the termination of your engagement with Monk. We cannot provide data recovery services after this occurs.
9. User-Generated Content
You retain ownership of any data or content your organization uploads or inputs into the Services. By submitting content, you grant Monk a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content as necessary to provide and improve the Services. You represent and warrant that you have the rights to grant this license and that your content does not infringe on any third-party rights.
10. Third-Party Services and Links
Our Services may contain links to third-party websites or services that are not owned or controlled by Monk. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the terms and policies of any third-party sites you visit.
11. Service Availability and Changes
Monk reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice. While we strive to provide uninterrupted service, we cannot guarantee that the Services will always be available or error-free. We are not liable for any interruptions or modifications to the Services.
12. Security
Monk employs industry-standard safeguards to protect Your Data. Security is at the core of everything we do at Monk.
You acknowledge that transmitting data over networks we do not own or control involves inherent risk; Monk is not liable for any loss, alteration, interception, or storage of Your Data on such networks. We do not warrant that our safeguards are flawless, that every transmission will remain secure, or that unauthorized third parties will never bypass our or our subprocessors’ defenses.
13. Fees and Payment
Access to certain features of the Services may require payment as outlined in your Service Agreement and related order forms. All fees are non-refundable unless explicitly stated otherwise in the Service Agreement. By using the Services, you agree to pay all applicable fees and taxes in a timely manner as specified in your agreement.
14. Termination
You may terminate your use of the Services at any time by following the procedures outlined in your Service Agreement or by contacting our support team. Monk reserves the right to terminate or suspend your access to the Services for violations of these Terms or for any other reason at our discretion. Upon termination, all licenses granted to you will immediately cease, and you must discontinue all use of the Services.
15. Referral Program
Monk may offer referral incentives for organizations that refer new customers to our Services. Participation in referral programs is subject to the specific terms and conditions provided at the time of the offer. Monk reserves the right to modify or terminate referral programs at any time.
16. Warranty Disclaimer
The Services are provided "as is" and "as available" without any warranties of any kind, whether express or implied. Monk disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free.
17. Limitation of Liability
To the fullest extent permitted by law, Monk and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising out of or related to your use of the Services, even if advised of the possibility of such damages. Our total liability to you for any claims arising out of or relating to these Terms or the Services shall not exceed the amount you have paid us in the preceding twelve (12) months.
18. Indemnification
You agree to indemnify, defend, and hold harmless Monk and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Services or your violation of these Terms.
19. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in New York, New York, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.
20. GDPR
The EU General Data Protection Regulation (“GDPR”) governs how personal data must be handled. Under GDPR terminology, Monk is the Data Processor; you are the Data Controller; your end-users are the Data Subjects.
20.1 Data Processing Addendum (“DPA”) & Standard Contractual Clauses (“SCCs”)
By using the Services, you agree that the Monk DPA (including the EU SCCs, Controller-to-Processor and Processor-to-Processor, Decision (EU) 2021/914) is incorporated into these Terms. The DPA prevails over any conflicting provision here.
20.2 Scope of Processing
Aspect | Monk’s Commitment |
|---|---|
Purpose & Duration | Process Subject Data solely to deliver the Services from account creation until 30 days after closure (backup-only retention, then hard delete). |
Act on Instructions | Process data only per your documented instructions, unless EU law requires otherwise. |
Confidentiality | All personnel accessing Subject Data are bound by confidentiality obligations. |
Security | Implement and maintain appropriate technical and organisational measures (Art. 32 GDPR). |
Data Subject Rights | Provide reasonable assistance for access, rectification, erasure, portability, and objection requests. |
Breach Notification | Notify you without undue delay after becoming aware of a personal-data breach. |
Impact Assessments | Support DPIAs and consult with supervisory authorities where required (Arts. 35-36). |
Audits | Allow audits/inspections and supply the information needed to verify Article 28 compliance; inform you if an instruction infringes GDPR. |
Sub-processors | Use only approved sub-processors under SCC-equivalent terms and remain fully liable for them. |
20.3 Controller Responsibilities
Ensure all data you submit (including metadata) is processed lawfully.
Provide GDPR-compliant notices to Data Subjects and obtain any required consents.
Maintain records of processing and fulfil supervisory-authority obligations.
20.4 Data Deletion
You may request deletion of all Subject Data at any time. Once deleted (including backups after 30 days), data cannot be recovered.
Arbitration Agreement and Class Action Waiver
By agreeing to these Terms, you and Monk waive the right to participate in a class action lawsuit or class-wide arbitration. Any disputes must be resolved individually through arbitration, as outlined above. This arbitration agreement will survive the termination of your relationship with Monk.
22. Assignment
You may not assign or transfer these Terms or your rights and obligations hereunder without the prior written consent of Monk. Monk may assign or transfer these Terms at its discretion without restriction.
23. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
24. Entire Agreement
These Terms, along with our Privacy Policy and any Additional Terms, constitute the entire agreement between you and Monk regarding your use of the Services and supersede all prior agreements and understandings, whether written or oral.
25. No Third-Party Beneficiaries
These Terms are intended for the sole benefit of the parties involved and do not confer any rights or benefits to third parties.
26. Contact Information
If you have any questions about these Terms, please contact us at:
Email: team@monk.com
Address: Monk, 215 Park Avenue South, Suite 1302, NY, NY, 10003
Last updated: May 10, 2025
