Last updated: February 7, 2024
By using MonkeyPod or signing up for an account, you’re agreeing to these Terms of Use (“Terms”), which constitute a legal agreement (“Agreement”) between you and MonkeyPod, Inc., a Delaware C Corporation. In the context of this Agreement, “you” means both you as an individual person as well as any organization(s) on whose behalf you use MonkeyPod.
MonkeyPod (“MonkeyPod,” “we,” or “us”) is an online platform (the “App”) for nonprofit organizations to use for managing their business operations. The App allows you to record and review financial activity, document your relationships, create and send email campaigns, create and maintain online fundraising pages, among other features (the “Service”). The App is offered through our website, which includes both https://monkeypod.io and organization-specific subdomains (e.g., https://your-organization.monkeypod.io).
These Terms define the terms and conditions under which you are permitted to use the App in accordance with the Agreement. If you don’t agree to these Terms, you must immediately discontinue your use of the App.
In order to use the App, you must:
By using the App, you represent and warrant that you meet the requirements listed above and that you won’t use the App in a way that violates any laws or regulations. MonkeyPod may refuse service, close user accounts, or change eligibility requirements at any time.
The Agreement between you and MonkeyPod is formed and its term (the “Term”) begins when you sign up for an account and agree to these Terms. The Term will continue while you have a MonkeyPod account or until this Agreement is terminated by either party in accordance with these Terms.
You or MonkeyPod may terminate the Agreement at any time and for any reason by terminating your MonkeyPod account or giving notice to the other party. We may suspend your access to the Service at any time, with or without cause, either individually or as part of a general suspension of the Service. If we terminate your account without cause we will refund a prorated portion of any prepaid fees. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, such as for a breach or violation of the Agreement. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all data associated with it.
We may change any of the Terms by posting revised Terms in the App. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service. We may change and/or discontinue the Service or any features of the Service at any time.
It is your responsibility to keep your login credentials confidential. You are responsible for any user account to which you have access and any activity occurring in such account (other than activity that MonkeyPod is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You will immediately notify MonkeyPod of any unauthorized access or use of your accounts. MonkeyPod is not responsible for losses due to stolen or hacked passwords. We have no way of accessing your password, so if you forget it, we can only provide instructions on how to reset it.
MonkeyPod doesn’t know or track the inner workings of your organization. As such, any account-related disputes must be resolved directly between you and the other party.
When you activate a MonkeyPod subscription you must provide a payment source (e.g., a credit card, debit card, or bank account), which we will be charged automatically for your initial fee, any subsequent recurring fees, and any other authorized and disclosed charges (e.g., a premium app subscription, a premium support package, etc.) An organization’s administrator may update that organization’s billing preferences at any time, however you must maintain a valid payment source on file unless or until you cancel your subscription. If your billing information is automatically updated by a payment processor, you acknowledge and agree that MonkeyPod is authorized to charge any future payments to that new information.
The amount charged for different aspects of the Service (e.g., an organization’s basic subscription, a premium app, etc.) may change at any time. Such changes will be effective when they are publicly announced by MonkeyPod (i.e. by posting the new prices on our website).
MonkeyPod owns all proprietary rights in the Service and the App, including but not limited to patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights.
You retain all right, title, and interest in any data, content, and information (including your personal information and the personal information of others) you submit to MonkeyPod in the course of using the Service or which MonkeyPod otherwise retrieves or accesses at your direction, with your permission, or as a feature of the Service (collectively, your “Content”). Subject to these Terms, you grant us permission to use or disclose your Content (including any personal information therein) only as necessary to provide the Service to you and/or as otherwise permitted by these Terms. You represent and warrant that: (i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your Content to the Service and to grant the rights granted to us in these Terms and (ii) your Content and its submission and use as you authorize in these Terms will not violate (1) any applicable law, (2) any third-party intellectual property, privacy, publicity, or other rights, or (3) any of your or third-party policies or terms governing your Content.
You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback, and that we may use any Feedback you provide to improve the Service or to develop new features and services.
In the event that you engage MonkeyPod to design, develop, or customize additional features or functionality for your organization's specific use ("Custom Development"), MonkeyPod will have sole ownership to any resulting intellectual property, including but not limited to designs, copyrights, patents, trademarks, etc. Should a court or legal proceeding determine that something created through Custom Development belongs to you, you agree to immediately and irrevocably assign ownership and all associated or derivative rights to MonkeyPod in exchange for $1.
MonkeyPod may decide, in its own sole discretion, to reuse or repurpose any or all Custom Development. Should you engage MonkeyPod's services for Custom Development, you understand that MonkeyPod may decide to make some or all of the resulting features available to other MonkeyPod users and/or other unrelated parties, either for free, as paid premium services, or as part of the App.
Your access to features or capabilities designed or created through Custom Development is contingent on your subscription to MonkeyPod remaining active at the required subscription level(s). Fees associated with Custom Development (including initial fees associated with the development itself and/or ongoing fees associated with hosting and maintenance thereof) are not refundable under any circumstances. Specifically, such fees are not subject to any prorated refund as described in the above section titled "Closing Your Account".
Please read our Privacy Policy for information regarding how we collect, use, and disclose your personal information and the privacy rights available to you when you use and interact with the Service.
We may view, copy, and internally distribute your Content as necessary to improve the Service, troubleshoot problems, and/or investigate potentially problematic uses of the Service. We may aggregate and anonymize data, including from your Content, to create statistical information and/or reports, which may be shared externally for research, marketing, or other lawful purposes.
By agreeing to these Terms, you promise to follow these rules:
MonkeyPod does not support or condone organizations that promote discriminatory, hateful, or harassing messages. We may terminate your account and/or suspend access to the Service if we, in our sole discretion, determine that (i) your fundraising pages, email campaigns, or other Content contain material of this nature; or (ii) your organization otherwise publicly promotes discriminatory, hateful, or harassing messages. If you have any questions about what does or does not meet this criteria, please contact us at support@monkeypod.io for clarification.
If you think anyone is violating any of these Terms, please notify us immediately at support@monkeypod.io.
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. To the extent that you have obligations under regulations like HIPAA, GLB, Data Protection Laws, United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws, it is your responsibility to determine whether the Service is suitable for your use. If you’re subject to regulations (like HIPAA) and you use the Service, then MonkeyPod won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children's Online Privacy Protection Act, or any other applicable laws.
If you collect any personal information pertaining to a minor and store such information within the App, you represent and warrant that you have obtained sufficient legal consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.
You agree, represent, and warrant to MonkeyPod that:
To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service; (ii) MonkeyPod will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
For the avoidance of doubt, in no instance will MonkeyPod be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.
To the maximum extent permitted by law, MonkeyPod provides the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since all nonprofits are different and organizations use the Service for many different reasons and in many different ways, we cannot guarantee that it meets any specific organization’s needs.
You agree to indemnify and hold us harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your Content, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.
Your violation of these Terms may cause irreparable harm to MonkeyPod. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms.
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team are not responsible for the behavior of any third parties, agencies, linked websites, or third-party applications, products, or services (such as those available through the MonkeyPod App Marketplace) for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.
You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
The State of Hawaii’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. You acknowledge and agree that any dispute related to the Agreement or the Service itself will be decided by the state or federal courts in Honolulu County, Hawaii, and each party consents to personal jurisdiction in those courts.
MonkeyPod will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond its control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If a section of these Terms is determined to be unenforceable, then that section will be removed or edited as minimally as is necessary, and the rest of the Agreement will remain valid.
MonkeyPod’s failure to take action on a violation of these Terms does not waive any of our rights under the Terms, and we may elect to take action in the future.
You will provide all documents and take any actions necessary to meet your obligations under these Terms.
If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of MonkeyPod for such incident.
These Terms make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.