Last Updated October 13, 2023

Welcome!

We’re glad you’re here. These Terms of Service ("Terms") govern our relationship with you as a user of The MŌN App’s products and services, including our iOS and Android apps and our website (together, we refer to these as our "Products"). By using our Products, you agree to be bound by these Terms and acknowledge that you have read our Privacy Policy. You also confirm that you have read and agree to our Community Guidelines.

These Terms contain an arbitration clause that applies to residents of the United States. Please review Section 11 of the Terms for details.

1. Using The MŌN App

The MŌN App is a social network based on live streaming, text chats, content, and community. Our products include our iOS and Android apps and our website (our "Products”).

Among other things, our Products allow you to use your voice to interact with others in real time through “Conversations” (what we call the different types of audio conversations, including “Chats,” “Live Rooms,” and “Memos,” you can have using our Products), and to share recordings of those interactions for others to enjoy (or participate in) later.

You may use our Products only if you can form a binding contract with The MŌN App, and only in compliance with these Terms and all applicable laws. You must be at least 18 years old to use our Products, or if the age of lawful consent under the laws of your country of residence is older than 18, you must be at least the age of lawful consent to use our Products.

Creating an account: If you open The MŌN App account, you must provide us with accurate and complete information to allow us to create, verify, and maintain your account.

Guest Users: We may also allow you to use our Products to a limited extent without opening an account, such as by allowing you to participate in conversations with other users. You may be able to join a Conversation (such as a Chat or Live Room) or a community (a “Community”), to speak to other users in real time for a limited amount of time using a link, or accept invitations for Conversations (such as Live Rooms) scheduled for a future date. Before you can participate in Conversations as a Guest User, we may ask you for some information (i.e. your name) which will be used to identify you to other users for the duration of your experience while using our Products. We will only allow you to do so if you agree to our Terms like any other user must; all provisions of our Terms, our Privacy Policy, and our Community Guidelines apply to you the same as they do for any other user.

Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable and revocable license to use our Products. If you are using the Products on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).

Some of our Products may consist of software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to all upgrades.

By providing your mobile telephone number or email address, you agree that we may communicate with you via text messages or other electronic means to your mobile device, provided that we obtain your consent where we are legally required to do so. In the event you change or deactivate your mobile telephone number or email address, you agree to promptly update your The MŌN App account information to ensure that your messages are not sent to the wrong person. You can opt out of certain types of communications via your account settings.

2. Personalization

Our Products are personalized for you by design. We'll use your activity and interests on our apps and website to recommend Conversations, other users to connect with, as well as Communities and other content we think may be interesting to you. 3. Your Content

Our Products allow you to interact with others through Conversations. You can start live conversations that happen in real-time (“Live Rooms”), or asynchronous conversations, (including “Chats” and “Memos”, or “DMs”), which do not happen in real time.

Our Products also allow you to post content, including audio content, visual images, GIFs, text, and symbols. Anything you say, post, or make available in our Products is referred to as “User Content.” User Content may include personal information you provide us (such as Account Information and Biographical Information) and personal information we get when you use The MŌN App (such as Usage and Activity Information and Conversations), as described in our Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use our Products.

You can share User Content with your “friends-only,” “friends-of-friends,” or “Communities” (user community) networks, depending on your set preferences. Your “friends-only” network includes just your “friends” (people who you add as a friend, who also add you back). Your “friends-of-friends” network includes your friends, as well as the users your friends are also friends with (including other users who you may not follow, or who may not follow you). A “Community” is a community you can join with other users, where you can have Conversations (including Chats or Live Rooms) with other Community members. A Community may be “Public,” meaning any user can join it and participate in sharing content, or “Private,” meaning members must be invited or approved before they can join and interact in the Community. More details about each type of Conversation and other type of User Content you can create, the applicable privacy settings you can set for each Conversation, and how to manage your content on The MŌN App can be found in our Privacy Policy and Knowledge Center.

A. Your rights and responsibilities

The MŌN App is a place for people to talk, tell stories, develop ideas, deepen friendships, and meet interesting new people around the world. As part of this community, you must follow our Community Guidelines when you use our Products. You are responsible for any activity that occurs in your account, so it’s important that you keep your account secure, and it is your responsibility to maintain the security of any passwords or other codes you use to access your account. If you think that someone has gained unauthorized access to your account, please advise us immediately.

You retain all ownership rights in the User Content you contribute to The MŌN App. But you also give us legal permission to use that content, as explained in the next section.

B. How The MŌN App and others can use your content

When you share User Content on The MŌN App, you grant us a license to use that content. The license we are granted depends on the features you use, the type of User Content you share, and the settings and preferences you have selected.

For all User Content you submit to our Products (including Public Content), you grant The MŌN App and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, use, display, reproduce, modify, create derivative works, publicly perform, adapt, edit, publish, analyze, transmit, and distribute that content for the purpose of operating, developing, providing, promoting, and improving our Products in any media formats or channels. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of our Products, solely for the purpose of providing such Products. Nothing in these Terms restricts other legal rights The MŌN App or its users may have to User Content, for example under other licenses, express or implied. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms, our Community Guidelines, or other policies.

We call User Content that is made available to any user of The MŌN App (e.g., within an open community, called a “Public community,” or on a public user profile) or outside of The MŌN App “Public Content.” Among other things, this includes all User Content displayed on public profile pages and Conversations that take place in “Public” Community. Because Public Content is inherently public, you grant The MŌN App, our affiliates, other users of the Products, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display all or any portion of your Public Content in any form and in any and all media or distribution methods, now known or later developed, including use of your name, likeness, and voice, for commercial and non-commercial purposes.

You represent and warrant to us that the User Content you contribute to The MŌN App is either not subject to copyright or any other proprietary rights or that you have all necessary permissions, clearances, and authorizations to contribute the User Content to The MŌN App and to grant us all of the rights that you grant to us under these Terms.

We have no obligation to edit or control User Content that is contributed to our Products. While we’re not required to do so, we may access, review, screen, and delete your User Content at any time and for any reason, including to provide and develop our Products or if we think your User Content violates these Terms, our Community Guidelines, or other policies.

C. Recordings on The MŌN App

Trust and Safety. As explained in our Privacy Policy, The MŌN App can record audio conversations in Live Rooms temporarily so we can investigate any complaints regarding violations of our Community Guidelines or our Terms of Service, or otherwise illegal or illicit activity. This is part of our commitment to you under these Terms of Service to work to provide a safe space for your Conversations and combat illegal and harmful conduct and content.

Chats and Memos are recorded and retained indefinitely as a part of the Services, to allow participants and listeners to play back past conversations. Rooms may also be recorded by the room creator through the Replays feature.

If we receive a complaint regarding violations of our Community Guidelines or our Terms of Service, or otherwise illegal or illicit activity, we will investigate accordingly, which may include reviewing any available recordings.

By speaking in a Conversation, including Conversations within Communities, you acknowledge that The MŌN App and its users may record your voice and other User Content, and are permitted to use the recording in any manner consistent with our Privacy Policy.

Live Rooms. If we receive a complaint while a Room is live, we will review the recording to determine whether a violation has occurred. We will retain the recording as long as reasonably necessary to investigate the potential violation. Otherwise, we delete the recording shortly after the Live Room ends.

Chats. We record and save all Chats by default. We make Chats available to other users depending on the privacy setting preferences set by the user that started the Chat (the “Chat Creator”). Depending on a Chat Creator’s privacy settings and selected audience, when the Chat Creator creates a Chat, it may be shared with their “friends-only” network, their “friends-of-friends” network, or the audience of a specific Community, as well as others who are invited into the room or enter it via a shared link. Full details of how to set up your privacy preferences for Chats can be found on our Knowledge Center. Chats are created and saved at the direction of Chat Creators, and remain available unless a Chat is deleted by the Chat Creator, or unless participant(s) in the Chat delete a specific audio comment (a section of an audio Chat or Memo) they have created.

Memos. We record and save all private voice messages (“memos”) by default. We make Memos available to one or more users who have been invited to participate in the Memos. Memos are created and saved at the direction of the creator of a Memos, and remain available unless a Memo is deleted by the creator of the Memo, or unless participant(s) in the Memo delete specific audio segments they created.

Replays. We record Conversations in Live Rooms and make them available to other users where the room creator instructs us to do so by enabling the “Replay” feature. When Replays are enabled, the recording will be stored by The MŌN App and may be made available to other users on The MŌN App or other people outside of The MŌN App. Replays are created and saved at the direction of Live Room creators, and remain available unless the Live Room creator instructs us to remove the Replay. If you don’t want to be recorded, you can leave the Live Room at any time.

Disabling optional recording features. Creators of a Live Room or its moderators may disable optional audio recording features, such as Replays.

Guest Users. If you provide identifying information or create content as a Guest User, that information and content may be recorded, saved, and shared indefinitely with other users, depending on the privacy settings of the Conversation that are set by its creator.

D. Feedback you provide

We always love to hear from our users, but you are not required to provide us with feedback. If you do provide feedback or suggestions to us, we may use your feedback and suggestions without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or other items that we develop based on your feedback or suggestions.

4. Respect For Other People’s Legal Rights

The MŌN App respects the intellectual property rights of others and we expect our users to do the same. You may not use our Products in a way that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.

A. Repeat infringer policy

It’s our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights. In keeping with the Digital Millennium Copyright Act, we’ll respond quickly to claims of copyright infringement on The MŌN App that are reported to our designated copyright agent, identified below.

B. Reporting claimed infringement

If you’re a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on our Products by completing the DMCA Notice of Alleged Infringement and sending it to our designated copyright agent.

Please send the following information to our designated copyright agent: info@themonapp.com.

1. Identify the copyrighted work you believe has been infringed. If you’re reporting multiple copyrighted works, you can provide a representative list of those copyrighted works.

2. Identify the content on our Product you claim to be infringing your rights, including the information we need to help us find it, such as a URL.

3. Provide your mailing address, phone number and email address.

4. Include both of these statements in the body of your notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use)."

"I hereby state that the information in this notice is accurate and, under penalty of perjury, that I’m the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that’s allegedly infringed."

5. Include your full legal name and your electronic or physical signature (for example, by typing your full name).

Send your completed DMCA notice to:

The MON App, Inc
800 Embassy Drive,
Austin, Texas 78702

Email Address: info@themonapp.com

Note:

Make sure to put this email in the “To” field. Emails to the “CC” field may not reach the appropriate The MŌN App member.

This email address should only be used for copyright complaints. If you need to get in touch with us for any other reason, please visit our Knowledge Center.

When we get your DMCA notice, we’ll take whatever action we determine is appropriate, which may include removing the reported content from our Products. If we remove content in response to a DMCA notice, we may notify the person who contributed it to The MŌN App so they have the opportunity to submit a counter-notice. We may also send a complete copy of the notice to others, as appropriate.

5. Trust and Safety

We can record Conversations in Live Rooms so that we can investigate any complaints regarding violations of our Community Guidelines or our Terms of Service or otherwise illegal or illicit activity, as explained in Section 3.C above. We may record Conversations in Chats and memos, including Conversations that take place within Communties, as a part of the Products, and we may review available recordings associated with these Conversations if we receive an associated complaint. We may also use automated systems, whenever necessary with human intervention, to scan the names of rooms, images, or other surfaces to identify potential violations. We may generate transcripts of audio, either through our own means or third-party services, in order to review content for illegal activity or violations of our terms.

We try hard to make sure The MŌN App is a safe place for all users, and we expect you to do the same. By using our Products, you agree that you will comply with these Terms, including our Community Guidelines and any other policies The MŌN App makes available in order to maintain the safety of our Products. We reserve the right to remove any content from our Products for any reason, or to limit its availability. We likewise reserve the right to terminate or suspend your account, or limit its availability, for any reason.

6. Third-Party Links, Content, And Services

Our Products may contain links to third-party websites, services, special offers, content, or other events or activities that are not owned or controlled by The MŌN App. We do not endorse or assume any responsibility for any third-party sites, information, materials, products or services. If you access any third-party website, service or content from our Products, you do so at your own risk and you agree that The MŌN App will have no liability arising from your use of or access to any third-party website, service or content.

Examples of third-party services and content that may be integrated with our Products include social integrations, which may be used to provide you with social sharing, and to allow you to share your content on other platforms; and AI integrations, which may be used for purposes such as automatically generating names and embeddings of Conversations, scoring Live Room titles, generating Conversation prompts, and generating Conversation previews so that you can view a summary of content before you enter.

If you share your content to third party services, then that content may stay on those third party services even if you subsequently delete your content on our Products or delete your The MŌN App account.

7. Modification And Termination Of The Products

We’re improving our Products and creating new ones all the time. That means we may add or remove features, products, or functions of our Products, and we may also suspend or stop providing our Products. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.

The MŌN App may terminate or suspend this license and your access to our Products at any time, with or without cause or notice to you. The MŌN App may also limit your use of specific features in our Products with or without cause or notice to you. While we’ll try to give you reasonable notice beforehand, we can’t guarantee that will be possible in all circumstances. For example:

if you are under the age of 18, you are not allowed within the app, community, or products.
if another user has blocked you, you will not be able to see content from them;
if your account is found to have violated our terms or policies, and your account is not immediately terminated, you may retain access to the service but be limited from using certain features, or sharing content;
we may deactivate your account due to prolonged inactivity;
we may reclaim your username at any time for any reason.

You can terminate these Terms at any time and for any reason by deleting your The MŌN App account. If you violate any provision of these Terms or our Community Guidelines, your authorization to access our Products terminates automatically.

Regardless of who terminates these Terms, both you and The MŌN App continue to be bound by Sections 3, and 9-13 of the Terms notwithstanding termination.

8. Indemnity

You agree, to the maximum extent permitted by law, to indemnify, defend, and hold harmless The MŌN App and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), relating to (a) your access to or use of our Products, (b) your User Content, (c) any dispute between you and any third party, or (d) your breach of any of these Terms. The MŌN App may assume the exclusive control and defense of any matter for which you have a duty to indemnify The MŌN App and, if we do, you agree to cooperate with our defense of those claims.

9. Disclaimers

Our Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

The MŌN App SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

The MŌN App takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. The MŌN App does not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.

10. Limitations Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, The MŌN App WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

EXCEPT AS PROVIDED IN SECTION 11, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL The MŌN App’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

11. Arbitration And Dispute Resolution

If you have a concern or dispute with The MŌN App, we would appreciate the opportunity to resolve it without having to resort to formal legal proceedings. You agree to notify The MŌN App in writing at info@themonapp.com before filing any claims with a court or arbitration body so that we can attempt to resolve the issue with you. Your notice should include an explanation of your concern or dispute, how it arose, and what (if anything) you want The MŌN App to do to resolve it. If you and The MŌN App cannot resolve the dispute within 60 days of your notice, either you or we may file a formal proceeding in accordance with this Section 11.

Please read the following terms carefully because they require U.S. residents and The MŌN App to resolve all disputes through binding arbitration.

A. Mandatory Arbitration Agreement for U.S. Residents

If you are a resident of the United States, you and The MŌN App agree that all claims between us, including any disputes arising out of or relating to these Terms or use of the Products will be resolved through binding arbitration on an individual basis. There are two exceptions. First, for claims that qualify, you or The MŌN App can elect to have those claims heard in small claims court. Second, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents will be resolved in court. Any disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided below.

You can opt-out of this agreement to arbitrate by sending a letter to The MŌN App at info@themonapp.com stating that you wish to opt-out of the arbitration agreement. You must send us your opt-out notice within 30 days of first registering your The MŌN App account or agreeing to these Terms, but if you previously agreed to a prior version of these Terms that provided for an arbitration opt-out, you do not have the opportunity to opt-out under this version of the Terms.

Any arbitration will be administered by JAMS pursuant to its employment arbitration rules & procedures (the “JAMS rules”), which are available here. If these rules cannot be enforced for any reason, then you and The MŌN App will arbitrate the dispute utilizing JAMS comprehensive arbitration rules and procedures, or other rules the arbitrator deems appropriate for the dispute. The arbitration will be before a single arbitrator and conducted in English.

The arbitrator will have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, and motions to dismiss and demurrers, applying the standards set forth for such motions under the California Code of Civil Procedure. The arbitrator will issue a written decision on the merits, the arbitrator will have the power to award any remedies available under applicable law, and the arbitrator may award attorneys’ fees and costs to the prevailing party where permitted by applicable law. The decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction thereof.

Subject to the Federal Arbitration Act’s exclusive applicability to the enforcement of this agreement to arbitrate, you agree that the arbitrator will conduct any arbitration hearing or proceeding applying California substantive and decisional law and the California Code of Civil Procedure, including the California Civil Discovery Act. You agree that any arbitration under this agreement will be conducted in the county in which you live or such other mutually-agreed location. If the claim is for less than $10,000 (ten thousand U.S. dollars) (and doesn’t involve injunctive relief), you may choose whether the arbitration is conducted (i) solely on the basis of documents submitted to the arbitrator, (ii) through telephone or video calls, or (iii) by an in-person hearing under the JAMS rules in your county of residence.

The arbitrator can award any relief that a court of competent jurisdiction could award. If the arbitrator awards you an amount higher than the last written settlement amount offered by The MŌN App before an arbitrator was selected, The MŌN App will pay you the higher of (i) the amount awarded by the arbitrator, and (ii) $10,000 (ten thousand U.S. dollars).

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND The MŌN App ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

To the extent any claim, dispute or controversy regarding The MŌN App or our Products isn’t arbitrable under applicable laws or otherwise: you and The MŌN App both agree that any claim or dispute with The MŌN App will be resolved exclusively in accordance with Section 11.B. of these Terms.

B. Venue

For any claims or disputes arising out of or relating to these Terms or use of the Products that are not resolved through binding arbitration under Section 11.A. of these Terms, you and The MŌN App agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California, USA.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. If the laws in your country require agreements with consumers to be governed by the local laws, then Section 12 does not apply to you.

13. Other Stuff

Changes and Notifications

We may revise these Terms from time to time and the most current version will always be available on our website and via our apps. Unless otherwise required by law, or where we need to make urgent changes for safety, security or regulatory reasons, we will give you reasonable advance notice through appropriate, transparent notifications (for example, through our Products) of material changes to these Terms which impact you and the date that they will come into force. The changes will only apply to our relationship going forward. If you do not agree to the changes to the Terms, you will have to stop using our Products. If you continue to use the Products once the changes come into effect, we will take that as your acceptance of the updated Terms.

Assignment

These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by The MŌN App without restriction. Any attempted transfer or assignment in violation of the above will be null and void.

Entire Agreement

These Terms, together with the Privacy Policy, Community Guidelines, and any amendments and additional agreements you may enter into with The MŌN App in connection with our Products, constitute the entire agreement between you and The MŌN App concerning our Products. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect

No Waiver

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and The MŌN App’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision

Parties

This is a contract between you and The MON App, Inc. (doing business as “The MŌN App”), with offices located at 800 Embassy Drive, Austin, Texas 78702, Any reference to The MŌN App includes all worldwide subsidiaries.

These Terms are effective as of October 13, 2023.