Updated at 2024-09-01
By accessing and placing an order with Monthly, INC. or by using any of our applications or services accessible through domains and subdomains under flatcloud.app and flatcloud.info, or through any white-label solutions that link to these Terms & Conditions, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website, applications, white-label solutions, and any email or other type of communication between you and Monthly, INC.
Under no circumstances shall Monthly, INC team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Monthly, INC. team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
Monthly, INC. will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.
Monthly.cloud grants you a revocable, non-exclusive, non-transferable, limited right to access and use the Service—including all applications under *.monthly.cloud and any white-label solutions that link to these Terms & Conditions—strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and Monthly, INC. (referred to in these Terms & Conditions as "Monthly.cloud", "us", "we" or "our"), the provider of the Monthly.cloud website and the services accessible from the Monthly.cloud web application (which are collectively referred to in these Terms & Conditions as the "Service").
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Monthly.cloud Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:
You agree not to, and you will not permit others to:
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments are processed via Stripe and require a valid credit card on file. Unless otherwise indicated, you will be billed automatically in advance on a recurring basis (e.g., monthly or annually) for your subscription.
All payments must be made in U.S. dollars and are non-refundable, except as provided in our Refund Policy. If any payment is not received by the due date, we reserve the right to charge a late fee of 10% per month on the outstanding balance or the maximum rate permitted by law, whichever is lower.
You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
Your subscription will automatically renew at the end of each subscription term unless you cancel your subscription before the renewal date. You authorize us to collect the applicable subscription fees using any credit card or other payment mechanism we have on record for you.
We want you to be fully satisfied with our Services. If you are not satisfied, you may request a refund under the following conditions:
You agree not to:
We will use commercially reasonable efforts to make the Service available 99% of the time during business days, Monday through Friday, excluding public holidays and planned maintenance periods (“Service Availability”). This guarantee excludes any unavailability caused by circumstances beyond our reasonable control, including but not limited to interruptions due to third-party services.
If the Service Availability falls below 99% in any given calendar month, you may be eligible for a service credit. For each full percentage point below 99% Service Availability, you may request a credit equal to 1% of your monthly subscription fee for that month, up to a maximum of 10% of the monthly fee. Service credits will be applied toward future invoices and will not exceed the amount you have paid for the Service.
We will provide basic customer support for the Service at no additional charge and upgraded support if purchased separately.
If you fail to pay any fees or charges when due, Monthly.cloud reserves the right to suspend or terminate your access to the Service immediately without prior notice. Your account will remain suspended until all outstanding amounts are paid in full. Monthly.cloud is not responsible for any loss of data or service interruptions resulting from suspension due to non-payment.
By submitting any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) to Monthly.cloud regarding the Service, you grant Monthly.cloud a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, distribute, display, and perform the Suggestions for any purpose.
This Terms & Conditions applies only to the Services. The Services may contain links to other websites or display content provided by third parties not operated or controlled by Monthly.cloud (“Third-Party Content”). We are not responsible for any Third-Party Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Your use of third-party websites or content is at your own risk and subject to the terms and conditions of use for such websites.
Monthly.cloud uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our Service but are non-essential to their use. However, without these cookies, certain functionality may become unavailable, or you may be required to enter your login details every time you visit the Service, as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all.
Monthly.cloud reserves the right, at its sole discretion, to modify or replace this Agreement or any policies related to the Service at any time. If we make material changes to the Terms, we will provide at least 30 days’ notice prior to the new terms taking effect. Notice may be given by sending an email to the address associated with your account or by displaying a pop-up notification within the Service. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after any revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new terms, you must stop using the Service.
You acknowledge and agree that Monthly.cloud may, with or without notice, modify, suspend, or discontinue the Service (or any part thereof) at any time. Monthly.cloud shall not be liable to you or any third party for any such modification, suspension, or discontinuation of the Service. You may stop using the Service at any time, and you do not need to inform us when you cease use. If we disable access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials contained in your account.
Monthly.cloud reserves the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to you.
Monthly.cloud may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the service. You agree that Monthly.cloud has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Monthly.cloud shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Monthly.cloud does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
By using the Service, you acknowledge and consent to the Company’s use of User Data for the purpose of providing and improving the Service, in accordance with our Privacy Policy and the “Data Privacy and Security” section of these Terms & Conditions. You have the right to request an export or backup of your data as detailed in the “Data Privacy and Security” clause.
This Agreement shall remain in effect until terminated by you or Monthly.cloud.
Monthly.cloud may terminate this Agreement by providing you with thirty (30) days’ written notice. In cases where you have breached any provision of this Agreement, Monthly.cloud reserves the right to suspend or terminate your access to the Service immediately without prior notice.
This Agreement will terminate immediately, without prior notice from Monthly.cloud, in the event that you fail to comply with any provision of this Agreement.
Termination of this Agreement will not limit any of Monthly.cloud's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
We may offer Beta Services or features at no charge. Beta Services are provided “as is” without warranty of any kind and may be subject to additional terms.
If you are a copyright owner or such owner’s agent and believe any material on our service constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
You agree to indemnify and hold Monthly.cloud and its affiliates, officers, employees, agents, partners, and licensors harmless from any claims or demands, including reasonable attorneys’ fees, arising out of your use of the Service or violation of these Terms.
The service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Monthly.cloud, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Monthly.cloud provides no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Monthly.cloud nor any Monthly.cloud's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of Monthly.cloud are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Notwithstanding any damages that you might incur, the entire liability of Monthly.cloud and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Service. To the maximum extent permitted by applicable law, in no event shall Monthly.cloud or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if Monthly.cloud or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by Monthly.cloud on the Services, shall constitute the entire agreement between you and Monthly.cloud concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Monthly.cloud's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Monthly.cloud AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
The Agreement constitutes the entire agreement between you and Monthly.cloud regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and Monthly.cloud.
You may be subject to additional terms and conditions that apply when you use or purchase other Monthly.cloud's services, which Monthly.cloud will provide to you at the time of such use or purchase.
The service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Monthly.cloud, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Monthly.cloud, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Monthly.cloud's INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Monthly.cloud concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
In the event of a dispute, you or Monthly.cloud must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: info at monthly.cloud. Monthly.cloud will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Monthly.cloud will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Monthly.cloud may commence arbitration.
If you and Monthly.cloud don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Monthly.cloud may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
In the event the Service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the Service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Our Service includes features that allow you to share certain data or content with other users by using the “Share” button or similar functionality. By choosing to share data, you grant the designated user(s) permission to access, view, and edit the shared data. By sharing data:
Monthly.cloud is committed to protecting the privacy and security of your data. We implement industry-standard security measures to safeguard your data.
You acknowledge and agree that Monthly.cloud may collect and use visual data, search queries, and property-related information generated through your use of the Service. This data may be utilized to develop, train, and enhance our machine learning models and property suggestion engines. All data usage will adhere to our Privacy Policy and comply with applicable data protection laws.
You have the right to request an export or backup of your data stored within the Service. Upon receiving such a request, we will provide your data in a format selected by us, which is commonly used and machine-readable. Please note that preparing each backup may require the payment of a fee as outlined in our pricing schedule. We will inform you of any applicable fees before processing your request. We will endeavor to fulfill your data export request within thirty (30) days from the date of your request, provided all fees are paid in full.
After termination of your account or deletion of specific data, we may retain certain non-personal, aggregated, or anonymized data for statistical, analytical, and product improvement purposes. This data does not include any personally identifiable information and cannot be used to identify you individually. By using the Service, you consent to our retention and use of such data in accordance with our Privacy Policy.
You may not assign or transfer this Agreement or any rights or obligations under it without our prior written consent. We may assign this Agreement without restriction.
Neither party shall be liable for any failure or delay in performance under this Agreement (except for payment obligations) due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, or Internet service provider failures.
All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received, if personally delivered; upon receipt of confirmation if transmitted by email; or the day after it is sent, if sent for next-day delivery by recognized overnight delivery service.
You agree that we may use your company name and logo in our marketing materials and on our website to identify you as a customer, unless you notify us in writing that you do not consent.
You consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to the Service.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Monthly.cloud. Monthly.cloud will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Monthly.cloud operates and controls the Monthly.cloud Service from its offices in United States. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Monthly.cloud Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate the Monthly.cloud Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Monthly.cloud concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in United States, Delaware.
Monthly.cloud is not responsible for any content, code or any other imprecision.
Monthly.cloud does not provide warranties or guarantees.
In no event shall Monthly.cloud be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Monthly.cloud Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Monthly.cloud is a distributor and not a publisher of the content supplied by third parties; as such, Monthly.cloud exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Monthly.cloud Service. Without limiting the foregoing, Monthly.cloud specifically disclaims all warranties and representations in any content transmitted on or in connection with the Monthly.cloud Service or on sites that may appear as links on the Monthly.cloud Service, or in the products provided as a part of, or otherwise in connection with, the Monthly.cloud Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Monthly.cloud or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Monthly.cloud does not warrant that the Monthly.cloud Service will be uninterrupted, uncorrupted, timely, or error-free.
Don't hesitate to contact us if you have any questions.