Effective Date: January 1, 2024
Welcome to Monitask, Inc. (“Monitask,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website, services, and products (collectively, the “Services”). By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
Please read these Terms carefully.
1.1. Eligibility: You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you meet this age requirement and have the authority to enter into a legally binding agreement with Monitask.
1.2. Account Registration: To use certain features of the Services, you may need to register for an account. You are responsible for maintaining the confidentiality of your account credentials and for any activities or actions that occur under your account.
1.3. License: Subject to these Terms, Monitask grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your internal business purposes.
1.4. Restrictions: You agree not to:
2.1. User Data: Monitask collects and processes certain information about your employees and their use of company devices, including but not limited to websites visited, screenshots, and time spent on tasks. By using the Services, you acknowledge and agree to such data collection and processing as outlined in our Privacy Policy.
2.2. Protected Health Information (PHI): If you are using Monitask in a HIPAA-regulated environment, it is your responsibility to ensure compliance with applicable laws. Monitask provides an option to blur screenshots of EMR (Electronic Medical Records) systems, but the Customer is responsible for ensuring that no PHI is handled outside of EMR systems (such as in spreadsheets or emails) to remain HIPAA compliant.
3.1. Pricing: The fees for using Monitask’s Services are described on our pricing page or in your order form. You agree to pay all fees as outlined.
3.2. Billing: You will be billed on a recurring basis (monthly or annually) based on your selected plan. All payments are due immediately upon invoicing. We reserve the right to suspend or terminate your account if any fees are overdue.
3.3. Refund Policy: We do not offer refunds. If you cancel your subscription, you will retain access to the Services until the end of the current billing cycle.
4.1. Monitask Ownership: All intellectual property rights in and to the Services and their components, including but not limited to the software, website, and content, are and shall remain the exclusive property of Monitask, Inc.
4.2. User Content: Any content you provide to Monitask, including but not limited to feedback, suggestions, and other submissions, will be deemed non-confidential, and Monitask will have the right to use such content for any purpose, including improving and marketing the Services.
5.1. Confidential Information: Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed by the other party, including but not limited to business operations, pricing, employee data, and any personal data collected by Monitask as part of the Services.
5.2. Exclusions: Confidential Information does not include information that (a) is publicly available, (b) was already known to the receiving party before disclosure, or (c) was independently developed without access to the disclosing party’s Confidential Information.
6.1. Disclaimer of Warranties: The Services are provided “as is” and “as available.” Monitask makes no warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
6.2. Limitation of Damages: In no event shall Monitask, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, arising out of or in connection with your use of the Services.
6.3. Maximum Liability: Monitask’s maximum aggregate liability for any claim under these Terms shall not exceed the total amount paid by you for the Services in the twelve (12) months preceding the event giving rise to the claim.
7.1. Termination by You: You may terminate your account at any time by following the instructions in your account settings or contacting customer support. Termination will take effect at the end of the current billing cycle.
7.2. Termination by Monitask: We reserve the right to suspend or terminate your access to the Services at any time if we believe you have violated these Terms or applicable laws, or if you fail to pay applicable fees.
7.3. Effect of Termination: Upon termination, all licenses and rights granted to you under these Terms will immediately cease, and you must stop using the Services. Monitask may delete any data associated with your account following termination.
Monitask reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting. We will notify you of material changes, and your continued use of the Services constitutes your acceptance of the updated Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration in Delaware, USA, except that either party may seek injunctive relief in a court of competent jurisdiction.
10.1. Assignment: You may not assign or transfer these Terms, in whole or in part, without our prior written consent.
10.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
10.3. Entire Agreement: These Terms constitute the entire agreement between you and Monitask concerning your use of the Services and supersede all prior agreements, representations, and understandings.
Contact Us
If you have any questions or concerns regarding these Terms, please contact us at:
Monitask, Inc.
Email: [email protected]
Address: 251 Little Falls Drive, Wilmington, DE 19808
