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Terms of Service

MôNC, Inc.

These Terms of Service (“Terms”) are a legally binding agreement between you (“you,” “your,” or “User”) and MôNC, Inc. (“MONC,” “we,” “us,” or “our”). By clicking “I Agree,” creating an account, or otherwise accessing or using the MONC mobile application, all information, tools, and services available through the application, (collectively, the “App”) or online service that links to or displays these Terms you: (a) acknowledge that you have read and understood these Terms and our Privacy Policy found at our website, mymonc.ai, incorporated herein by reference; (b) represent that you are at least the age of majority in your jurisdiction and have capacity to enter into these Terms on behalf of yourself and any entity you represent; and (c) accept and agree to be bound by these Terms. If you do not agree to every provision of these Terms, you must not access or use the App.

Modifications

MONC may revise these Terms at any time in its sole discretion. All changes are effective immediately upon posting to the App, and your continued use of the App and Services after any such change constitutes your acceptance of the revised Terms.

2. User Profile

In order to access the App, you are required to create an account which will contain certain personal information, which may include at your discretion your educational interests and current occupation (“User Profile”). We process any personal information according to our Privacy Policy. By creating an account, you represent and warrant that: you are over eighteen (18) years of age; all information you submit is complete, accurate, and truthful; you will keep the information you submit complete, accurate, and up-to-date. It is recommended that you do not share your account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your account details being shared by you. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, it is necessary or you have violated any provision of these Terms.

3. Services

The App collects and summarizes publicly available information based on your expressed interests and your User Profile (each a “Summary”). Where feasible, the App may provide you with links to access the original source material (including a third-party website) for the Summary, or other sources of information (“Links”). In addition to providing Summaries and Links, certain features of the App may permit you and other users to upload, submit, and post content, including messages, photos, videos, images, text, documentation, and other works (collectively, “User Content”) and to share such User Content with other users. Collectively, with our website at mymonc.ai, these features are referred to as the “Services”.

4. Ownership; Intellectual Property

The App, Services, and all related documentation, source code, databases, information, text, Summaries, graphics, user interfaces, audiovisual content, and any enhancements or derivative works thereof (collectively, “MONC Content”) are owned or licensed by MONC and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual‑property laws. All rights not expressly granted to you under these Terms are reserved by MONC.

Limited License to You

Subject to your strict compliance with these Terms, MONC grants you a revocable, non‑exclusive, non‑transferable, non‑sublicensable, limited license to (a) access and use the App and Services solely for informational purposes, and (b) download and print materials expressly designated for download from the App for such purposes. You may not use the App or the Services for commercial resale, redistribution, or to develop or improve a competing product or service. No other rights, title, or interest are transferred to you. Except as expressly set forth in these Terms, you may not reproduce, publish, transmit, distribute, display, modify, or create derivatives works from any of the MONC Content.

6. Accuracy of Information

We are not responsible if information or MONC Content made available on the App is not accurate, complete or current. The MONC Content on the App and Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, or more complete sources of information. Any reliance on the MONC Content on the App or Services is at your own risk. No part of the App or Services is intended to constitute advice, and the content of the App and Services should not be relied upon when making any decisions or taking any action of any kind.

7. User Content and Licenses to MONC

Representations

You represent and warrant that: (a) you are owner of your User Consent, or have obtained all rights, consents, and permissions necessary to authorize MONC and users of the App to use and distribute the User Content as contemplated by these Terms, including to grant the license in Section 7.3; and (b) your provision of the User Content and MONC’s use and sharing thereof do not and will not violate any law, contract, or third‑party right, including privacy and intellectual property rights. You are solely responsible for the accuracy, content and legality of all your User Content.

7.2 License to MONC

You hereby grant MONC and its affiliates an irrevocable, worldwide, perpetual, royalty‑free, transferable, and sublicensable license to use, reproduce, host, store, process, adapt, modify, translate, copy, create derivative works from, publicly display, publicly perform, distribute, and otherwise exploit User Content (a) to operate, improve, analyze, modify, and promote the App and the Services (b) to create aggregated or de‑identified datasets; and (c) for any lawful business purpose. To the extent any moral rights apply, you waive those rights to the maximum extent permitted by law. By providing User Content to or via the App to other users of the App, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms.

No Attribution or Review Obligation

MONC has no obligation to attribute User Content to you and may elect to do so or not in its discretion. MONC does not review or screen all User Content and is not responsible for User Content. You acknowledge that MONC is not undertaking any obligation or liability relating to your User Content. We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, vulgar, obscene, abusive, harassing, racist, sexist, ageist, or otherwise objectionable or violates any party’s intellectual property or privacy rights or these Terms. There is no tolerance for objectionable content or abusive users. We may, but have no obligation to, monitor or retain copies of any and all communications made to us or through the App.

7.4 Feedback

You may (but are not obligated to) provide suggestions, comments, or other feedback to MONC with respect to the App or the Services (“Feedback”). You hereby grant to MONC a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use, disclose, and exploit the Feedback for any purpose.

Prohibited Conduct

You will not, and will not allow any third party to:

  1. copy, reproduce, modify, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works of the App or the Services;
  2. resell, sublicense, lease, time‑share, or otherwise distribute the App or any results or outputs thereof for commercial gain;
  3. use the App or the Services to develop or improve a competing product or service;
  4. submit false or misleading information;
  5. submit User Content you do not have permission to upload to the App or the Services;
  6. to collect or track the personal information of others;
  7. misrepresent any results generated by the App or the Services as an endorsement, certification, or guarantee by MONC;
  8. use any scraper, robot, spider, or other automated means to access the App or the Services;
  9. interfere with or disrupt the App’s operation or security, or the operation and security of other websites;
  10. upload or transmit viruses, malware, or other harmful code;
  11. use the App or the Services in a manner that violates any third party intellectual property, contractual or other proprietary rights;
  12. violate any applicable law or regulation; or
  13. create objectionable content or abuse other users;
  14. attempt, facilitate, or encourage any of the foregoing.

We reserve the right to terminate your account, or your access to the App or the Services should we suspect violation of any of the foregoing.

9. Third Party Materials

Certain MONC Content accessible via our App or Services may include materials from third-parties. In addition, the App may present you with Links may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The inclusion of a link to a third-party website on our App or Services does not imply any endorsement of the third-party websites themselves or of those in control of them. Please review carefully the third-party’s policies and practices and make sure you understand them before you browse the website or engage in any transaction. Complaints, claims, concerns or questions regarding third-party websites, products, or services should be directed to the third-party.

Accounts and Security

You are responsible for all activities that occur under your credentials, including uploading User Content, and must keep all usernames and passwords confidential. You will promptly notify MONC of any unauthorized use or security breach.

Disclaimer of Warranties

THE APP, SERVICES, AND ALL MONC CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTEND PROVIDED BY LAW MONC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MONC DOES NOT WARRANT THAT THE APP OR THE MONC CONTENT WILL BE ACCURATE, COMPLETE, ERROR‑FREE, UNINTERRUPTED, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR YOUR DOWNLOADING OF ANY USER CONTENT OR MONC CONTENT MADE AVAILABLE THROUGH IT, OR ON ANY WEBSITE LINKED TO IT.

YOU FURTHER UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APP, SERVICES, AND CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR PROCEEDING FOR ANY LOSSES OR DAMAGES OR OTHER RELIEF RESULTING FROM OR RELATING TO YOUR ACCESS TO OR USE OF THE APP OR ANY SERVICES OR CONTENT OBTAINED THROUGH THE APP OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY APP LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MONC OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MONC’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You will defend, indemnify, and hold harmless MONC and its affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms or the documents they incorporate by reference; (b) User Content; or (c) your use of the App or the Services.

Injunctive Relief; Reservation of Remedies

You acknowledge that any breach or threatened breach of Sections 4, 5, 7 and 8 would cause MONC irreparable harm for which monetary damages would be inadequate. In addition to any other remedies available at law or equity, MONC shall be entitled to seek immediate injunctive or other equitable relief (without the posting of a bond or other security) to prevent or curtail any actual or threatened violation.

Termination

MONC may, in its sole discretion, suspend or terminate your access to the App at any time, with or without notice, for any violation of these Terms or for any other reason. Upon termination, all licenses granted to you terminate and you must immediately cease all use of the App and Services. Any provisions that by their nature should survive, including Sections 4 and 7 shall survive any termination.

Governing Law; Jurisdiction

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict‑of‑laws rules. Subject to Section 17, the state and federal courts located in the Dover, Delaware shall have exclusive jurisdiction, and you irrevocably consent to personal jurisdiction in such courts.

Arbitration

At MONC’s sole option, any dispute arising out of or relating to these Terms (including the Privacy Policy) or the App shall be finally resolved by binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Arizona law. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall limit MONC’s right to seek injunctive or equitable relief in court as provided in Section 14.

Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms, the App, or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

International Users

MONC makes no representation that the App or Services is appropriate or available for use in all jurisdictions. You are responsible for compliance with all local laws and regulations. Accessing the MONC from territories where its content is illegal is prohibited.

Entire Agreement; Waiver; Severability

These Terms, together with the Privacy Policy and any additional terms to which you agree when using particular elements of the App, constitute the entire agreement between you and MONC regarding the subject matter hereof and supersede all prior or contemporaneous understandings. No waiver by MONC of any term shall be deemed a further or continuing waiver. If any provision of these Terms is held unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

BY CLICKING “I AGREE” OR OTHERWISE INDICATING ASSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICES.

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