Terms and Conditions

 

When you visit, view, use, or access our website MonsterIT and any applicable subdomains thereof, or any applications, mobile applications, functionalities, content, materials, or other online services including but not limited to discussion boards, provided by MonsterIT (collectively, the “Platform”), whether as a guest or a registered user, you’re agreeing to the following terms and conditions, so please take a few minutes to read over the Terms of Use below. 

1. INTRODUCTION

These Terms of Use (“Terms of Use”) including those additional terms outlined in Section 15 below as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference (collectively, the “Terms”) are entered into by and between you and Elvon Teenused OÜ, a Private limited company (“MonsterIT”, “we”, “our” or “us”). For purposes of these Terms, “you” refers to the individual visiting, viewing, using, or access the Platform under your Plan. To the extent that you have entered into another written agreement with MonsterIT that contains terms that directly conflict with any terms of these Terms, then the conflicted terms set forth in such other agreement will control.

You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Platform, or (ii) clicking “Agree”, “Purchase”, “Submit”, or similar links that you have read, understand, and agree to be bound by these Terms, irrespective of whether you are a guest or a registered user of the Platform. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM. MONSTERIT’S ALLOWANCE OF YOUR USE AND ACCESS TO THE PLATFORM IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS. 

2. DATA LOCATION AND TRANSFER

Customer Data will be located in data centres within Estonia. For customers in the European Economic Area (“EEA”), data transfer under these Terms either directly or via onward transfer, to any country not recognized by the European Commission as an adequate country (as defined by the European Commission), is necessary for the performance of these Terms. 

3. PLATFORM ACCESS AND ACCOUNT REGISTRATION

To access the Platform, you may be asked to provide certain information to help us create and maintain a MonsterIT account for you. As such, it is a condition of your use of the Platform that all information you provide is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Except as expressly provided herein, you may not transfer your account to any other person and you may not use anyone else’s account at any time. In cases where you have nevertheless authorized or registered another person to use your account or Plan, or where you have acted negligently in safeguarding your account as set forth above, you agree that you are fully responsible for (i) the acts and omissions of such person accessing the Platform via your account, (ii) controlling the person’s access to and use of the Platform, and (iii) the consequences of any use or misuse by such person.

4. MONSTERIT SUBSCRIPTION PLANS AND PAYMENT

4.1. Subscription Plan and Subscription Management

(a) Plan Scope and Term. The MonsterIT individual subscription plan you purchase, register for, order, or renew includes the features set forth on the website (e.g., Personal, Premium) (each, a “Plan”). MonsterIT grants you, and you alone, access to the Platform for the subscription term length set forth at the time of redemption or purchase during online checkout (the “Initial Term”) in strict accordance with these Terms. If you purchase a monthly plan, your Initial Term is one month from the date of purchase, whereas the purchase of an annual plan results in a one-year Initial Term. Any renewal of the Initial Term (or a Renewal Term), whether such renewal occurs by way of your automatic renewal or online checkout, or otherwise, shall be deemed a “Renewal Term”, and together with the Initial Term, the “Term”, as applicable.

(b). Automatic Renewal. YOU UNDERSTAND AND AGREE THAT AT THE END OF EACH APPLICABLE TERM WE WILL MANUALLY RENEW YOUR PLAN (INCLUDING ALL SUBSCRIPTIONS ON YOUR PLAN AT THAT TIME) AND PROCESS YOUR PAYMENT METHOD OR INVOICE FOR PAYMENT FOR THE RENEWAL TERM UP TO THIRTY DAYS PRIOR TO YOUR RENEWAL DATE AT THE THEN-APPLICABLE PRICE FOR YOUR PLAN.

4.2. Payment. Access to the Platform is expressly conditioned on timely payment of the then-applicable fee for the Plan in the amount and on the billing frequency set forth during online checkout. Your use of and access to the Platform is expressly conditioned upon timely payment of the applicable fee(s) associated with your Plan and governed by these Terms. We reserve the right to increase or decrease any fee at any time; however, to the extent you have paid your fee(s) in advance, the increase or decrease will not become effective for your subscription Plan or service until the end of your current Term.

4.2.1. Payment Method. By registering for, subscribing to, or purchasing a Plan and providing billing information, you grant us and our authorized third-party payment processor(s) the right to process payment using the debit card, credit card, bank information, third-party payment provider you provide, authorize, or maintain on your account (individually, and collectively, “Payment Method”).

4.2.2. Editing Your Payment Method. You may edit your payment method information by visiting our website and clicking on the “Account” link, available at the top of the pages of the MonsterIT website. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account (see Cancellation Policy in Section 11(11.2) below), you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. We may update your payment method with the information provided by the applicable payment service provider, and you authorize us to continue to charge the applicable fee to the updated payment method. Check with your payment method service provider for more details.

When you provide or add any form of payment method to your account, your bank may reserve the funds necessary or place a small authorization hold until the transaction processes or the authorization hold expires, but this is not the actual charge. The authorization will be removed from your account according to the policies of your bank; as such, to remove an authorization, please contact your bank to clarify how long they hold authorizations for online orders.

• Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates and other MonsterIT-provided geographic-specific pricing. We do not support all payment methods, currencies, or locations for payment.

4.2.3. Collection Methods. If your payment method fails, or if your account is past due, we may collect fees owed using other collection mechanisms—this may include charging other payment methods on file with us or retaining collection agencies and legal counsel, the fees and cost of which you hereby agree to pay. Notwithstanding anything to the contrary, your obligation to pay fees continues through the end of your applicable Term and regardless of whether you cancel your Plan during such Term. Late payments will bear an additional 1.5% interest monthly, plus taxes if applicable, which additional interest will be compounded daily.

4.2.4. Chargebacks. If you file a chargeback disputing charges made to Payment Method by MonsterIT and the chargeback is granted, your account will be deactivated.

4.2.5. Excess Use. If you use the Platform or services in violation of the scope granted hereunder, including but not limited to unauthorized rotation of your subscription to others (“Excess Use”), MonsterIT may, in its sole discretion, invoice you for the Excess Use, at our current list price for subscriptions and/or services for such Excess Use. 

5. FREE TRIAL

Your subscription may begin with a free trial. The length of your free trial will be set out during online checkout. We reserve the right, in our absolute discretion, to determine your eligibility for a free trial, including creating multiple free trial accounts, and to withdraw or modify your free trial at any time without prior notice and without liability. As a free trial user, you acknowledge and agree that your use and access to the Platform is subject to these Terms of Use.

You agree to provide your Payment Method during online checkout before beginning your free trial. We will not process your Payment Method for payment of your fee during your free trial though you may see an authorization on your Payment Method–see Section 4. On the last day of your free trial we will convert your free trial into a paid Plan and process your Payment Method for the applicable fee on the billing frequency chosen during online checkout. By providing your Payment Method in conjunction with registration for a free trial, you agree to these charges and billing practices. If you do not wish to be charged, you must cancel before the end of your free trial. Upon cancellation of your free trial, your access to the Platform will terminate immediately. 

6. PROPRIETARY MATERIALS

6.1. Use of MonsterIT’s Proprietary Materials. The Platform contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of MonsterIT and licensors of MonsterIT (collectively, “Proprietary Materials”), including without limitation source code, video, text, software, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Platform, and not by or from any other site or means. The right of access to the Platform does not grant to you any right to download or store any Proprietary Materials in any medium, other than (a) that downloadable content that may be provided for certain training courses, including exercise files, course slides, and sample code, (b) files that are automatically cached by your web browser for display purposes, and (c) if we provide desktop, mobile, or other applications for download, a single copy of such application for your computer or mobile device solely for your own, personal use, provided you agree to be bound by these Terms and the end user license agreement below (collectively, the “Authorized Downloadable Materials”). Authorized Downloadable Materials are held by you pursuant to a limited revocable license only, and are subject to all restrictions described herein, including the prohibition on further transfer, sale, creation of derivative works, or exploitation in any manner.

6.2. End-user License Agreement. MonsterIT grants to you a non-exclusive license for the use and installation of the Authorized Downloadable Materials subject to all the terms and conditions as set forth in the Terms. This license governs any and all software upgrades or additional features provided by MonsterIT that would replace or supplement the original installed version of the Authorized Downloadable Materials, unless those other upgrades or features are covered under a separate license, in which case those terms govern.

6.3. Reservation of Rights. MonsterIT reserves all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable license granted you under these Terms. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decomplication, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.

6.4. Third-Party Marks. Other trademarks, service marks and logos used on the Site are the trademarks, service marks or logos of their respective owners. MonsterIT is using these third party trademarks, service marks or logos with the permission of the trademark owner or for identification purposes only. 

7. USER CONTENT

7.1. The Platform may provide you with the ability to upload, post, submit, publish, or transmit information to the Platform, other users, or to third parties (“User Content”).

7.1.1. Unless otherwise noted, all User Content you submit to the Platform, to third parties, or that is otherwise made available to MonsterIT will be considered confidential and proprietary and will be made available only to individuals or third parties that you authorize to access it via the Platform, API, or other means of transmission.

7.1.2. To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and MonsterIT, you are responsible for the payment of third-party fees, if any, related to the provision and use of such User Content, (d) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices, (e) you are responsible for any User Content you upload or provide to the Platform and for complying with applicable laws relating thereto, including export control regulations, and you agree to comply with all applicable rules regarding online conduct and acceptable content we may post on the Platform from time to time, including those set forth in Section 9 below.

7.1.3. User Content that is submitted within certain areas of the Platform, such as publicly-available channels, message boards, or blog posts, will be considered non-confidential and non-proprietary, and by so doing, you hereby grant us and our affiliates and service providers, and each other and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. MonsterIT takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or submits.  You understand, acknowledge and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose and you agree that MonsterIT shall not be liable for any damages you allege to incur from User Content.  Any use of or reliance on User Content or other information available within the publicly available channels, message boards or blog posts is solely at your own risk.  MonsterIT does not guarantee the completeness, truthfulness, accuracy or reliability of any User Content or communications made available through publicly available channels, message boards or blog posts.

7.2. Monitoring and Enforcement. We have the right to:

7.2.1. remove or refuse to post any User Content for any or no reason in our sole discretion;

7.2.2. take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Platform or the public, or could create risk or liability for MonsterIT or others;

7.2.3. disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

7.2.4. take appropriate legal action, including without limitation referral to law enforcement for any illegal or unauthorized use of the Platform; and

7.2.5 terminate or suspend your access to all or part of the Platform for any violation of these Terms.

7.3. Notwithstanding anything to the contrary, we have no obligation to review any User Content or materials before they are posted on the Platform, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, and we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section. 

8. FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform. You acknowledge and agree that any and all feedback provided by way of the Platform or otherwise will be the sole and exclusive property of MonsterIT, and you hereby irrevocably assign to MonsterIT and agree to irrevocably assign to MonsterIT all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist MonsterIT to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback. 

9. MONSTERIT “DO’s” and “DON’Ts”

As a condition of using the Platform, you agree to adhere and abide to the following DO’s and DON’Ts.

9.1. Your Obligations (DO’s). You acknowledge and agree that you will:

9.1.1. provide true and accurate information to us and keep it updated;

9.1.2. only post or otherwise provide information that you are comfortable sharing;

9.1.3. use all portions on the Platform in a respectful manner;

9.1.4. exit from your account at the end of each session or use of the Platform; and

9.1.5. use your subscription for non-commercial home or personal use only.

9.2. Prohibited Conduct (DON’Ts). You acknowledge and agree that you will not:

9.2.1. reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Platform other than with regard to Authorized Downloadable Materials, subject to the limited permissions set forth herein;

9.2.2. manually or systematically harvest, scrape, collect or otherwise extract information or data contained on the Platform, other than permitted use of Authorized Downloadable Materials or temporary storage of video materials for offline viewing (if permitted by your Plan).

9.2.3. permit or provide others access to the Platform;

9.2.4. impersonate or attempt to impersonate MonsterIT, a MonsterIT employee, another user, or any other person or entity (including without limitation by using e-mail addresses or account information associated with any of the foregoing) or provide incorrect or knowingly false information;

9.2.5. remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Platform;

9.2.6. violate or attempt to violate the Platform’s security mechanisms, attempt to gain unauthorized access to the Platform or assist others to do so, or otherwise breach the security of the Platform or corrupt the Platform in any way;

9.2.7. co-brand or frame the Platform or establish a link in such a way as to suggest any form or association, approval, or endorsement on our part, without the prior express written permission of an authorized representative of MonsterIT;

9.2.8. use any portion of the Platform to aid in transmitting, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation;

9.2.9. post to any portion of the Platform any inappropriate, offensive, violent, threatening, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content or otherwise engage in conduct that results in the targeted or systematic harassment, bullying or shaming of others including the promotion or encouragement of suicide or self-harm;

9.2.10. post to any portion of the Platform personally identifiable information in the form of credit card information, social security numbers, Country ID numbers, phone numbers, physical or email addresses or protected health information (MonsterIT reserves the right to remove such personally identifiable information at its discretion); 

9.2.11. use the Platform or its contents (including User Content) to recruit, solicit, or contact in any form other users or potential users for employment or contracting for a business not affiliated with us without the prior express written permission of an authorized representative of MonsterIT;

9.2.12. use or attempt to use the Platform to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment or that are designed to collect or harvest personally identifiable information or other data;

9.2.13. engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform or expose them to liability; and/or

9.3. Restricted Use of Platform. We reserve the right to monitor use of the Platform and to suspend, revoke, deny, disable, or terminate your access if you violate any provisions of these Terms (including, but not limited to the DOs and DON’Ts above) or if your or behaviour exceeds reasonable limits, as determined in our sole discretion. 

10. REPRESENTATION, WARRANTIES, AND COVENANTS

10.1. Your Representations and Warranties. You represent and warrant that:

10.1.1. You are over the age of 16 as all portions of the Platform are intended for only individuals over 16. If you are under 16 years of age, you may not register for an account or otherwise use the Platform;

10.1.2. You are not a person barred from accessing or using the Platform under the laws of any applicable jurisdictions;

10.1.3. All information that you provide to the Platform is complete and accurate in all material respects; and

10.1.4. You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Platform, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.

10.2. Authority. You and MonsterIT each represent, warrant, and covenant that it has the full power and authority to: (i) enter into an agreement subject to these Terms; (ii) perform its obligations hereunder, and that its performance hereunder does not conflict with, limit, or be contrary to any other agreement; (iii) and that by so doing, it does not violate any applicable laws or any contractual relationship.

10.3. Reliance and Functionality. MonsterIT does not warrant that the content or functions of the Platform will meet your requirements or that the operation of the Platform will be uninterrupted or error free. The content and materials presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on our materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. The Platform may include content provided by third parties, including materials provided by other users, bloggers, or third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by MonsterIT, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MonsterIT. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, and use of any services provided by third parties is subject to their policies and at your own risk.

10.4. Availability of Platform. You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Platform, and accordingly, you agree not to hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Platform may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Platform, or any other delays outside of our control.

10.5. Non-MonsterIT Products. If you install or enable Non-MonsterIT Products for use with Platform, Customer acknowledges that providers of those Non-MonsterIT Products may have access to your data in connection with the interoperation of the Platform. MonsterIT will not be responsible for any use, disclosure, modification, or deletion of your data while accessed or transmitted through such Non-MonsterIT Products.

11. TERMINATION; CANCELLATION POLICY

11.1. MonsterIT’s Rights of Termination. You agree that we may suspend or deactivate your account or terminate your Plan if we believe that you have (a) breached these Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorized User Content; or (d) violated or acted inconsistently with these Terms, our Privacy Policy, or any other applicable policies. You agree that any such suspension, deactivation or termination for the foregoing reasons may be effected without prior notice to you and that MonsterIT will not be liable to you or any third party for any deactivation of your account or termination of your Plan.

11.2. Your Right of Termination. Your Plan may be cancelled at any time via your user account settings page or by emailing info@monsterit.org. If you cancel your Plan by any method, your plan will remain active to the end of your then-current Term to the extent your fees are paid and these Terms of Use will continue in effect and will govern such Term until its expiration or earlier termination as set forth in Section 11(11.1). If you are dissatisfied for any reason with your subscription, your sole right and exclusive remedy is to terminate your Plan. Your obligation to pay fees continues through the end of the Term during which you cancel your Plan.

11.3. No Refunds. All portions of the fees paid, whether paid monthly or annually, are completely non-refundable. In the event that you request the deletion of your account, no portion of your fee will be refunded, regardless of the time remaining in your Term.

11.4. You acknowledge and agree that MonsterIT may retain and store your information on MonsterIT’s systems for archival purposes notwithstanding any termination or cancellation of your account or Plan, subject to applicable laws. 

12. NO WARRANTY; LIMITATIONS ON LIABILITY

12.1. No Warranty. EXCEPT FOR THOSE WARRANTIES OUTLINED HEREIN, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER MONSTERIT NOR ANY PERSON OR ENTITY ASSOCIATED WITH MONSTERIT MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER MONSTERIT NOR ANY PERSON OR ENTITY ASSOCIATED WITH MONSTERIT PROMISES, REPRESENTS OR WARRANTS THAT THE PLATFORM OR CONTENT OBTAINED THROUGH THE PLATFORM OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MONSTERIT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

12.2. Limitation on Liability. IN NO EVENT WILL MONSTERIT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE PLATFORM OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORESEEABLE, FOR: (i) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE AMOUNT YOU HAVE PAID TO MONSTERIT FOR USE OF THE PLATFORM IN THE THREE (3) MONTHS IMMEDIATELY PRIOR TO SUCH LIABILITY ARISING; (ii) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL; (iii) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iv) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (v) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDERS OR INDEPENDENT CONTRACTORS (INCLUDING MENTORS) PROVIDING SERVICES ON BEHALF OF MONSTERIT OR VIA THE PLATFORM.

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

13. CHANGES TO TERMS OR THE PLATFORM

13.1. Changes to these Terms. We reserve the right to change or modify these Terms, our Privacy Policy, or any terms they incorporate by reference in our sole discretion and at any time. Any such change or modification will be effective immediately upon posting to the Platform; We will take reasonable steps to notify you of any changes or modifications, but you agree to review the Platform periodically to be aware of any changes or modifications. Notwithstanding anything to the contrary, your continued use of the Platform and any other MonsterIT-provided services will be deemed your conclusive acceptance of all such changed or modified terms and conditions.

13.2. Changes to the Platform. MonsterIT may at any time, without notice or liability, change or eliminate any content or feature of the Platform or any portion thereof, or restrict the use of any portion of the Platform. Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Platform. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any reason. 

14. ADDITIONAL TERMS

Our Platform and services are made available to you in accordance with these Terms and may also be subject to one or more of the additional terms set forth below (“Additional Terms”). If there is any conflict between these Terms of Use and the Additional Terms, then the Additional Terms govern in relation to that specific Plan or service you purchased from MonsterIT. The Additional Terms are subject to change.

14.1. If you use a mobile device or MonsterIT-provided mobile application to access the Platform, the following additional terms and conditions also apply.

14.1.2. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Platform. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.

14.1.3. You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.

14.1.4. Your access to or use of the Platform via your mobile device or MonsterIT- provided mobile application confirms your agreement to these terms of use.

15. GENERAL

15.1. Non-Waiver. Failure by MonsterIT to enforce any provision(s) of these Terms will not be construed as a waiver of any provision or right.

15.2. Severability. If any provision of these Terms is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions of these Terms.

15.3. Compliance with Legal Requests. Without limiting the foregoing, we have the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs us to disclose customer data or other information on the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

15.4. Use of Your Public Statements. As a Plan subscription holder, you agree that we may identify you as a customer of MonsterIT on MonsterIT’s websites and in other marketing materials in the event that you make public reference to MonsterIT, such as in a social media post or on a publicly-available blog, article, or other forum. MonsterIT may display your public statement in MonsterIT marketing materials, presentations, or on our Platform. The foregoing shall be deemed a worldwide non-exclusive, and irrevocable license to use your public statement for this purpose. You also agree to be referenced in press releases and case studies prepared by MonsterIT. Such license and consent will terminate at the end of your Term.

15.5. Dispute Resolution. Should any dispute arise with regard to these Terms, the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided written notice to the other party of the nature of such dispute, provided that nothing herein will prevent us from seeking injunctive relief in the event of your actual or threatened breach of any terms of these Terms.

15.6. Notice. Any notice which may be required to be given under these Terms, will be given:

15.6.1. by MonsterIT to you via e-mail to the e-mail address you maintain in your account settings or by notifying you electronically by displaying the notice in the Platform;

15.6.2. by you to us in any commercially reasonable manner, including certified mail, return receipt requested, e-mail, or any other customary means of communication at the applicable mailing address set forth below, as maybe updated from time to time. Any notice given otherwise than in accordance with this Section will be deemed ineffective

Elvon Teenused OÜ

Harju maakond, Tallinn, Kristiine linnaosa,

Vindi tn 16-8, 11315

Attn: Legal Counsel

Email: info@monsterit.org

All other feedback, comments, requests for technical support, or other communications relating to the Platform should be directed to the MonsterIT support team by emailing info@monsterit.org.

15.7. Miscellaneous. These Terms and any terms that incorporate these Terms by reference, together with each Sales Order, as applicable, constitute the sole and entire agreement between you and MonsterIT with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform and to the subject matter contemplated by these Terms. The section titles used herein are displayed for convenience only and have no legal effect. Nothing in these Terms confers any third-party beneficiary rights or remedies. If any dispute should arise between the parties hereto regarding the terms or subject matter of these Terms or the enforcement or breach of such terms, then the party prevailing in such dispute, whether by out-of-court settlement or final judicial determination, will be entitled to recover from the non-prevailing party all costs and expenses of such dispute incurred by such prevailing party, including without limitation reasonable attorneys’ fees.