Welcome to Monal! Your use of our services, including the services we make available through this website and all related web sites, mobile sites, data files, visualizations and applications which link to these terms of service (the "Site") and to all software or services offered by us in connection with any of those (collectively, the "Services"), is governed by these terms of service (the "Terms"), so please carefully read them before using the Services. For the purposes of these Terms, "we," "our," "us," and "Monal" refer to Lunover Digital Private Limited, the providers and operators of the Services.
In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will also refer to that organization, wherever possible.
You must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract, you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect to your child's use of the Services.
You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Monal or any of its affiliates regarding future functionality or features.
If you have entered into a separate written agreement with Lunover Digital Private Limited for use of the Services, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these Terms with respect to the Services specified in such agreement.
BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.
CERTAIN FEATURES OF THE SERVICES OR SITE MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SERVICE OR SITE IN CONNECTION WITH SUCH FEATURES. TO THE EXTENT SUCH TERMS, GUIDELINES, AND RULES CONFLICT WITH THESE TERMS, SUCH TERMS SHALL GOVERN SOLELY WITH RESPECT TO SUCH FEATURES. IN ALL OTHER SITUATIONS, THESE TERMS SHALL GOVERN.
You must register an account with us (a "Customer Account") in order to use the Services. You agree to provide accurate and complete information in the creation of your Customer Account and agree to update this information with any changes. Your Customer Account is for your personal use only and you may not authorize others to use your account. You are responsible for ensuring that your access credentials are kept confidential and are not disclosed to any third party, and for all activity that occurs under your Customer Account. You agree to notify us immediately upon learning of any unauthorized access to your Customer Account or any other suspected security breach.
You will be able to upload, create, host, transmit, share, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as "User Content."
You are solely responsible for the development, content, and use of the User Content you upload to Monal and you assume all risks associated with them, including intellectual property or other legal claims. If you are registering for these Services on behalf of an organization, you agree that you are also responsible for the actions of your Authorized Users and for any User Content that such Authorized Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services. By storing User Content with Monal, you represent that you have all necessary rights to store, use and, if applicable, publicize that User Content, and that doing so does not conflict with, violate or misappropriate any third party legal rights, conflict with licenses you've granted to others, violate any applicable law or regulations, or any of our Terms. Our Services will allow you to share your User Content with others, which is in your sole control and discretion. You are responsible for taking appropriate steps to secure and protect your account and your User Content, such as setting up and maintaining the proper configuration and use of our Services, as well as using encryption to protect your User Content from unauthorized access when and if applicable. Please be careful about what User Content you choose to share.
You agree to immediately take down any User Content that violates these Terms, including pursuant to a takedown request from Monal. Monal doesn't actively monitor the User Content you upload, download or share. However, we reserve the right, in our sole discretion, to review and remove User Content and/or suspend your access to your account in the event we become aware that your use of our Services or User Content violate any of our Terms, or any applicable law and/or regulations. We assume no liability for any User Content that you or anyone else stores with Monal. You understand that User Content that is deleted may be irretrievable.
A variety of information, data, and other materials may also be made available through the Services by Monal or its suppliers (“Monal-Supplied Content”). While Monal strives to keep the content that it provides through the Services accurate, complete, and up-to-date, Monal cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Monal-Supplied Content.
By submitting, posting or otherwise uploading User Content on or through the Services you give Monal a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content for the purpose of enabling Monal to provide you with the Services.
Except as provided above, Monal acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any User Content that you create, upload, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that Monal has no obligation to do so on your behalf.
You acknowledge and agree that Monal (and/or Monal's licensors) own all legal right, title and interest in and to the Services and Monal-Supplied Content and that the Services and Monal-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws. Nothing in these Terms authorizes you to use any of Monal's trademarks, logos, domain names, or other distinctive brand features except as otherwise permitted by law.
Monal gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services solely in the manner permitted by these Terms.
You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof; or (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You may not rent, lease, provide access to or sublicense any elements of the Services to a third party or use the Services on behalf of or to provide services to third parties.
You may not access the Services in a manner intended to avoid incurring fees or exceeding usage limits or quotas.
You may not access the Services for the purpose of bringing an intellectual property infringement claim against Monal or for the purpose of creating a product or service competitive with the Services. You may not use any robot, spider, site search/retrieval application or other manual or automatic program or device to retrieve, index, "scrape," "data mine" or in any way gather Content from the Services.
You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Monal, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any malware, viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation.
You affirm that you are over the age of 13, as the Services are not intended for children under 13.
Subject to the Terms, the Services are provided to you without charge up to certain usage limits, and usage in excess of these limits may require purchase of additional resources and the payment of fees. Please see Monal's Pricing Terms for details regarding pricing for the Services.
These Services are provided in accordance with our Privacy Policy. You agree to the use of your User Content and personal information in accordance with these Terms and Monal's Privacy Policy.
You agree to protect the privacy and legal rights of your Authorized Users and any end users or third parties involved in the creation of your User Content. To the extent that your User Content and/or use of the Services requires compliance with specialized data privacy laws, you understand and agree that you are solely responsible for compliance with such laws.
Notwithstanding anything to the contrary, in the event you use the Services as an organization, you agree to permit Monal to identify you as a customer and to use your name and/or logo in Monal's website and marketing materials.
Monal is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Monal provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.
You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.
You agree that Monal, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Monal will not be liable to you or any third party for such termination.
You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if we terminate your account for our convenience, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.
Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
We sometimes release products and features that we're still testing and evaluating ("Beta Services"). Beta Services are labeled "alpha," "beta," "preview," "early access," or "evaluation" (or with words or phrases with similar meanings) and may not be as reliable as Monal's other services. Accordingly, use of any Beta Services is completely voluntary and at your sole risk. The Beta Services are provided on an "as is" basis and may contain errors, defects, bugs, or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. Beta Services are made available in part so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback. If we provide you any Beta Services on a closed beta or confidential basis, we will notify you of such as part of your use of the Beta Services. For any such confidential Beta Services, you agree to not disclose, divulge, display, or otherwise make available any of the Beta Services without our prior written consent.
These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
LUNOVER DIGITAL PRIVATE LIMITED, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LUNOVER DIGITAL PRIVATE LIMITED, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LUNOVER DIGITAL PRIVATE LIMITED'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
SUBJECT TO SECTION 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LUNOVER DIGITAL PRIVATE LIMITED, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS ON LUNOVER DIGITAL PRIVATE LIMITED'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT LUNOVER DIGITAL PRIVATE LIMITED HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
IN NO EVENT SHALL LUNOVER DIGITAL PRIVATE LIMITED'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
You agree to hold harmless and indemnify Lunover Digital Private Limited, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyright or other intellectual property rights have been infringed, please contact us at legal@monal.app with details of the alleged infringement.
You may be able to access or use third party websites, resources, content, communications or information ("Third Party Materials") via the Services. You acknowledge sole responsibility for and assume all risk arising from your access to, reliance upon or use of any such Third Party Materials and Monal disclaims any liability that you may incur arising from access to, reliance upon or use of such Third Party Materials via the Services.
You acknowledge and agree that Monal: (a) is not responsible for the availability or accuracy of such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance upon or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services.
The Services may incorporate certain third party software ("Third Party Software"), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Lunover Digital Private Limited under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
These Terms and any action related thereto will be governed by the laws of Nepal, without regard to its conflict of laws provisions. Any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Kathmandu, Nepal.
These Terms, together with our Privacy Policy, constitute the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Lunover Digital Private Limited to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Lunover Digital Private Limited must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at:
legal@monal.app
Lunover Digital Private Limited
Thamel, Kathmandu, Nepal