Terms & Conditions
Lonelymonkey OÜ in association with 2amigos! Consulting Group, LLC (“2am.tech”) provides software and services (the “Services”) to you subject to the following Terms of Use (these “Terms”).
If you are accessing or using our Services on behalf of your employer or as a consultant or agent of a third party, you represent and warrant that you have the authority to act on behalf of and bind your employer or third party to these Terms.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. YOU SHOULD REVIEW THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND LONELYMONKEY OÜ.
1. Binding Effect / Users
These Terms set forth the legally binding terms for your use of the Services. The terms “Use” or “Using” include browsing, using, or accessing any part of the Services and its content. Your use of the Services signifies that you have read, understand, and agree to be bound by these Terms. You are only authorized to use the Services if you agree to abide by all applicable laws and these Terms. If you do not agree, discontinue your use immediately. To become a Registered User you must indicate your acceptance of these Terms during registration.
2. Other Policies / Terms
These Terms incorporate all policies currently posted on the Services and all policies that may be posted by us on the Services in the future, in our sole discretion.
3. Modification of Terms
WE RESERVE THE RIGHT TO CHANGE, ADD TO, OR DELETE, PORTIONS OF THESE TERMS WITHOUT FURTHER NOTICE TO YOU, IN OUR SOLE DISCRETION. If we do this, we will post such modifications on our website. Each such modification shall be effective upon posting. Your continued use of the Services after we post a modification signifies your acceptance of the modification. It is your responsibility to review these Terms regularly to ensure you are aware of any changes.
4. Eligibility
Registration is void where prohibited by law. By using the Services, you represent and warrant that (a) all registration information you submit is truthful, accurate, current, and complete; (b) you will update and maintain the accuracy of such information; (c) you have the legal capacity and are of legal age to accept these Terms; and (d) your use of the Services does not violate any applicable law. Your Registration may be terminated without notice if we believe otherwise.
5. Termination of Registration / Access
We may terminate your Registration and/or deny, restrict, suspend, or terminate your use of any part of the Services at any time, for any reason, with or without notice or explanation, and without liability, including if we determine that you have violated these Terms or pose a threat to the Services or its users. Terms that by their nature survive termination shall continue to apply.
6. Passwords and Security
6.1. When you register, you will create an account, username, and password. You are responsible for maintaining the confidentiality and security of your password and for any use of your account. Notify us immediately of any unauthorized use or access.
6.2. We may provide authentication tokens or other security information in connection with your account. Such information is restricted to authorized users only and may not be disclosed to any third party. Unauthorized access is prohibited.
7. Your use of the Services
7.1. All electronic documents that you upload and store on your account shall be your “Content.” You are responsible for all Content you upload and share and for ensuring you have the rights you need to such Content.
7.2. You grant us (and our agents/service providers) the right to transmit, process, use, and disclose Content and other information obtained as part of your use of the Services: (i) as necessary to provide the Services, (ii) as permitted by these Terms, (iii) as required by law, or (iv) to respond to an emergency.
7.3. The Services are provided from the United States. By using the Services, you agree to the storage of Content and personal information in the United States. Access to the Services from other countries may occur subject to applicable law.
7.4. You agree you will not, and will not encourage or assist others to, harm the Services or use the Services to harm others, including by overloading, attacking, bypassing security, or using automated means to access the Services. Do not violate any law or distribute malware, or distribute/share illegal or unauthorized Content.
7.5. We may review access and use patterns but have no obligation to do so. We are not responsible for files, posts, or other information accessible through the Services.
7.6. If you collect personally identifiable information via your use of the Services or API, you must collect, process, transmit, maintain, and use it in compliance with applicable laws and a publicly posted privacy policy.
7.7. We are not obligated to evaluate or comment on submissions you make. Any feedback we provide does not obligate us to adopt your submission or continue communications.
7.8. Nothing in these Terms limits our right to develop, acquire, license, market, or distribute products, software, or technologies that compete with yours. Unless otherwise agreed in writing, we may use suggestions or recommendations you provide for any purpose, subject to intellectual property laws.
8. Proprietary Rights to LonelyMonkey OÜ Content
8.1. Rights to Content. All content available on the Services—including, without limitation, designs, text, graphics, profiles, messages, notes, advertisements, listings, pictures, images, video, information, reviews, works of authorship, applications, software and APIs, music, sound, and other files, and their selection and arrangement (collectively, “Content”)—is the proprietary property of LonelyMonkey OÜ or its licensors with all rights reserved.
8.2. License to Content. While you are a current Registered User, you are granted a limited, revocable license to use the Content for your internal use only, provided you keep all copyright and proprietary notices intact. You may not republish, redistribute, or make the Content available on another site or service, nor use data mining, robots, or similar extraction methods. This license is revocable at any time.
8.3. Registered User Information. When you register for an account, you may provide personal information (e.g., name, address, email, payment details). You are solely responsible for such information (“Registered User Information”) and consent to our use of it as described in these Terms and our Privacy Policy.
8.4. Right to Use Registered User Information. You authorize us to copy and use your Registered User Information as needed to provide the Services, personalize your experience, conduct analytics, and for permitted marketing, subject to applicable law and your preferences.
8.5. Copyrights/Patents. The design, compilation, “look and feel,” Software, and Content are owned by LonelyMonkey OÜ or our suppliers and are protected by U.S. and international copyright and patent laws.
8.6. Trademarks. “LonelyMonkey OÜ” and associated names, logos, and trade dress are trademarks or service marks of LonelyMonkey OÜ or its affiliates. You may not use our marks without prior written permission. Third-party marks appearing on the Services are the property of their respective owners.
9. DCMA Take Down Notice Procedure
We respect intellectual property rights. If you believe material on the Services infringes your copyright, please send a notice containing: (a) a physical or electronic signature of the rights owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material; (d) your contact information; (e) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.
LonelyMonkey OÜ’s Copyright Agent: Ryan S. Luft, Esq., Copyright Administrator, 3125 Kathleen Ave. #116, Greensboro, NC 27408.
10. Privacy and Terms of Use
Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. Please review it to understand our practices.
11. Disclaimers
11.1. Users. We are not responsible or liable, and make no warranties, express or implied, for the conduct of any user of the Services.
11.2. Third-Party Websites. The Services may contain links to third-party websites. We are not responsible for the content, completeness, or accuracy of such sites. Inclusion of a link does not imply endorsement. Access third-party sites at your own risk.
11.3. Third-Party Advertisements/Applications. We are not responsible for third-party ads or applications on or through the Services, nor for goods or services provided by advertisers.
11.4. Availability. The Services may be unavailable from time to time for maintenance or other reasons. We are not responsible for any interruption, deletion, defect, delay, communications failure, theft, destruction, or unauthorized access to user communications, nor for technical malfunctions of networks, systems, or devices.
12. Disclaimer of Warranties
OUR SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF MALWARE. YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL THROUGH THE SERVICES AT YOUR OWN RISK.
13. Limitation on Liability
IN NO EVENT SHALL LONELYMONKEY OÜ, ITS EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR SUBSTITUTE SERVICES, ARISING FROM OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF LONELYMONKEY OÜ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO LONELYMONKEY OÜ FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.