Welcome to https://www.monetizationrays.com/ (the "Website", “Our site”), a service offered by ("MonRays", "we", "us" or "our").
This document ("Agreement") is a legal agreement between you ("User") and MonRays ('MonRays' or "Service Provider") governing the use of the services provided by Service Provider. By engaging in any other legally acceptable action to indicate acceptance, such as clicking on the acceptance mechanism provided by the Company (e.g., an "I Agree" or "I Accept" button), User agrees to be bound by the terms and conditions of this Agreement.
In accordance with the terms and conditions of this Agreement, the Service is intended solely for Customer's use in connection with its customer communication activities. MonRays retains the right to modify, suspend, or terminate the Services at any time, including the availability of any feature, database, or content. MonRays may also establish limitations on specific features and services, or restrict Customer's access to certain parts or the entirety of the Services without prior notice or liability. It is Customer's responsibility to acquire and maintain any necessary equipment or additional services required to connect to and access the Service. Customer is also responsible for ensuring that such equipment or ancillary services are compatible with the Service.
MonRays offers the MonRays SDK on an "as is" basis. The Customer is considered to have accepted the PushBots SDK, including any updates. No warranties are provided for the SDK (refer to Representation, Warranties, and Indemnifications). MonRays is not obligated to offer maintenance, technical support, or updates to the Customer for the SDK. However, any maintenance or updates provided by MonRays will be subject to the terms of this Agreement. The Customer is responsible for all expenses associated with integrating the PushBots SDK into the Customer Application, which may include, but is not limited to, software design, software development, application debugging, application testing, and network connectivity. The User acknowledges that all content and materials (referred to as "Content") provided by MonRays through the Service, or made available by MonRays on the Site, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other laws and proprietary rights. Unless explicitly authorized by MonRays, the User agrees not to engage in the sale, licensing, renting, modification, distribution, copying, reproduction, transmission, publication, adaptation, edition or creation of derivative works from the provided Content. However, the User may print or download a reasonable number of copies of the Content for personal informational use, on the condition that all copyright and other proprietary notices are retained. Reproducing, copying, or distributing any Content or design elements on the Site for any other purpose is strictly prohibited without the explicit prior written consent of MonRays. Under no circumstances shall MonRays, Inc. be held liable for any direct, indirect, incidental, special, exemplary, or consequential damages. This includes, but is not limited to, the procurement of substitute goods or services, loss of use, data, profits, or business interruption, regardless of the cause or legal theory of liability, be it in contract, strict liability, or tort (including negligence or any other form). This applies to any damages arising from the use of this software, even if MonRays has been advised of the possibility of such damages.
3.1 User Account: User must create an account to access certain features of the services. User is responsible for maintaining the confidentiality of account credentials and is liable for all activities that occur under the account. User agrees to provide accurate and complete information during the registration process. 3.2 Prohibited Conduct: User agrees not to engage in any of the following prohibited activities while using the services:
3.3 User acknowledges and agrees that they are solely responsible for any content they upload, transmit, or display through the services and that Service Provider does not guarantee the accuracy, integrity, or quality of such content.
4.1 The services, including but not limited to software, designs, trademarks, and content, are the property of Service Provider and are protected by intellectual property laws. User agrees not to reproduce, modify, or distribute any part of the services without prior written consent from Service Provider.
4.2 User grants Service Provider a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute any content uploaded, transmitted, or displayed by User through the services for the purpose of providing and improving the services.
5.2 User agrees not to disclose any confidential or sensitive information of Service Provider or other users without their express consent.
6.1 MonRays provides the SDK and any related support services ("support services") as is and with all faults, to the maximum extent permitted by applicable law. Monrays explicitly disclaims all warranties and conditions, whether expressed, implied, or statutory. This includes, but is not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, absence of viruses, accuracy or completeness of responses, results, and the absence of negligence or lack of workmanlike effort, all regarding the SDK and the provision of support services. Furthermore, the entire responsibility for the quality of, or any issues arising from, the use or performance of the SDK and support services, if any, rests with the customer.
6.2 Exclusion of incidental, consequential, and certain other damages. To the maximum extent permitted by applicable law, MonRays shall not be liable for any special, incidental, indirect, or consequential damages of any kind. This includes, but is not limited to, damages for loss of profits, confidential information, or other data, business interruption, personal injury, loss of privacy, failure to meet any duty of good faith or reasonable care, negligence, or any other pecuniary or non-pecuniary loss. Such damages may arise from the use or inability to use the SDK, the provision or failure to provide support services, or in connection with any provision of this agreement. This exclusion applies even in cases of fault, tort (including negligence), strict liability, breach of contract, or breach of warranty by MonRays, and even if MonRays has been informed about the possibility of such damages.
Under no circumstances shall MonrRays, its officers, directors, employees, agents, vendors, or suppliers be held liable, whether under contract, tort, strict liability, negligence, or any other legal theory, for the following in relation to the service: (i) Any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind, even if such damages were foreseeable. (ii) Any bugs, viruses, or similar harmful elements, regardless of their source. Additionally, MonRays shall not be liable for any loss or liability resulting, directly or indirectly, from the User's inability to access or use the site. This includes any delays or interruptions caused by electronic or mechanical equipment failures, denial of service attacks, data processing failures, telecommunications or internet problems, or utility failures. It is important to note that these limitations do not apply to the extent prohibited by applicable law.
This Terms of Services (ToS) will begin on the Effective Date and will remain in effect until terminated as described below. Either Party may terminate this ToS at any time, with or without cause, by providing a written notice to the other Party at least thirty (30) days in advance. Upon termination of this ToS, the collection of data by the SDK through the integrated Properties, as well as its use as described herein, may continue until the End Users (a) remove or disable the SDK (or any application that incorporates the SDK) from their devices, or (b) limit such data collection through applicable device settings, provided that such limitation is communicated to the Company.
All content provided by MonRays on the Site, including text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the intellectual property of MonRays or its content suppliers. Such content is protected by copyright laws in the United States and internationally. The compilation of all content on the Site is the exclusive property of MonRays and is protected by U.S. and international copyright laws. Furthermore, all software used on or made available through the Site is the property of MonRays or its software suppliers and is protected by copyright laws in the United States and internationally.
11.1 MonRays conducts its business independently of the Customer. This Agreement does not establish a partnership, employer-employee relationship, franchisee-franchisor relationship, or joint venture between the Parties. Each Party is solely responsible for the control and management of its own business operations. This includes obtaining and maintaining any necessary business licenses and insurance. Additionally, each Party is responsible for promptly paying all income, payroll, and employment-related taxes, including but not limited to unemployment, workers compensation, income tax withholding, and any other applicable taxes related to its business.
11.2 The Customer acknowledges that MonRays has the right to make public announcements about the status of the business relationship. This may include the use of logos in presentations, on the PushBots website, or during meetings and interviews related to MonRays' business.
11.3 Licensee is not permitted to assign or transfer any rights or obligations under this ToS to a third party without obtaining the prior written consent of the Company. However, both Parties have the right to assign this ToS, including all rights and obligations, to their corporate affiliates, parents, subsidiaries, or as part of a sale or transfer of assets related to the performance of this ToS, provided that the assigning party provides timely notice of such assignment.
11.4 Force Majeure. Except for payment obligations, neither Party shall be held liable for any failure or delay in performance caused by circumstances beyond its reasonable control. These circumstances may include governmental action, acts of terrorism, natural disasters (such as earthquakes), labor conditions, and power failures. If either Party becomes aware of such an event or anticipates its occurrence, it will promptly notify the other Party. Both Parties will make their best efforts to minimize any resulting delay or interference with the performance of their obligations under this ToS.
11.5 If MonRays processes any personal data on behalf of the Customer that is subject to the General Data Protection Regulation (GDPR) as part of the Service, the provisions of the Data Processing Addendum and the Standard Contractual Clauses (if applicable) will apply. These terms are incorporated by reference and form part of the agreement.
11.6 Severability. If any provision of this ToS is determined to be invalid or unenforceable under the law, that provision shall be considered removed from this ToS. The remaining provisions of this ToS shall remain in full force and effect, and they shall be valid and enforceable to the maximum extent allowed by applicable law.
11.7 Entire Agreement. This ToS constitutes the complete and exclusive agreement between the Parties, replacing any prior understandings, agreements, or representations, whether written or oral, relating to the subject matter herein. There are no third-party beneficiaries to this ToS.
Last updated: June 1, 2023