Terms of Service

1 Related Policies

Your use of the Services is also subject to our Privacy Policy and Acceptable Use Policy, which are incorporated into these Terms:

• https://scale.gg/privacy-policy
• Acceptable Use Policy

If there is a conflict between these Terms and a separate written agreement you have signed with Monarch (including an order form, statement of work, or enterprise agreement) (a “Customer Agreement”), the Customer Agreement controls for that subject matter.

2 Eligibility and Accounts

2.1 Eligibility

You must be able to form a legally binding contract to use the Services. If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

2.2 Minors

The Services are not intended for children under 13. If you are between 13 and 16 (or the age of digital consent where you live), you may use the Services only if permitted by applicable law and, where required, with appropriate consent from a parent or legal guardian.

2.3 Account Registration; Security

You may need an account to use certain features. You agree to provide accurate information, keep it updated, and maintain the security of your credentials. You are responsible for all activity that occurs under your account.

2.4 Free Accounts; Limits

We may offer free accounts or free tiers. Unless expressly stated otherwise in writing by Monarch, free accounts are limited to one (1) per person or one (1) per company, as determined by Monarch in its discretion. We may suspend or terminate additional/free accounts created to circumvent this limit.

3 The Services; Updates; Beta Features

To the fullest extent permitted by applicable law, Monarch reserves the right, in its sole and absolute discretion, at any time and from time to time, with or without prior notice, to add, introduce, modify, update, replace, limit, restrict, suspend, discontinue, or remove any feature, functionality, tool, integration, component, or capability of any software, application, product, platform, or other Service, in whole or in part, temporarily or permanently. This right applies to all current and future Services and all account types, subscriptions, plans, and purchase arrangements, including free, trial, paid, and lifetime access. Except as expressly provided in an applicable Customer Agreement or required by law, no particular feature, functionality, or capability is guaranteed to remain available, and Monarch has no obligation to maintain a feature or provide a replacement. Any exercise of these rights remains subject to non-waivable rights and any notice or other obligations required by applicable law.

We may offer certain features as beta, preview, or early access (“Beta Services”). Beta Services may be unstable and are provided “as is,” without warranties, and may be changed or discontinued at any time.

4 Acceptable Use and Restricted Content

You agree not to, and not to permit others to:

• Use the Services in violation of any law, regulation, or these Terms.
• Use the Services to send or facilitate unlawful, harmful, fraudulent, deceptive, abusive, harassing, defamatory, obscene, or infringing content.
• Use the Services to send spam or unsolicited messages, or to evade consent/opt-out requirements for messaging.
• Use the Services to create, store, transmit, or promote content involving adult/sexual content, gambling, high-risk regulated services, alcohol, tobacco, or anything illegal.
• Upload or transmit content that includes or depicts adult content or smoking/tobacco where prohibited by these Terms or applicable law.
• Interfere with, disrupt, damage, or attempt unauthorized access to the Services, accounts, systems, or networks.
• Probe, scan, or test the vulnerability of any system or network related to the Services.
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services except to the extent such restriction is prohibited by law.
• Bypass or circumvent usage limits, access controls, security measures, or authentication.
• Use automated means (bots, scrapers, scripts) to access the Services except as expressly permitted by us.
• Misrepresent your identity or affiliation.

We may suspend or terminate access to the Services for violations of this section, subject to the continued-software-access protections for community-only violations in Sections 10.1–10.8.

5 Messaging, Email, and SMS Terms (Scale Program)

Monarch may send you communications related to the Services, including email and SMS (text messages). You may receive transactional/account messages (such as reminders and account alerts) and/or marketing messages, depending on your opt-in and settings.

5.1 SMS Opt-In Methods

You may opt in to SMS via:

• a web form checkbox,
• keyword-based opt-in (including JOIN, YES, or START), and/or
• an in-app toggle/setting.

We may use a double opt-in process.

5.2 SMS Opt-Out

Reply STOP at any time to opt out. After you opt out, you may receive a final confirmation message and then no further SMS messages unless you re-opt in.

5.3 SMS Help

Reply HELP for help or contact [email protected].

5.4 Message Frequency; Fees

Message frequency varies. Message and data rates may apply.

5.5 Messaging Compliance (TCPA/CAN-SPAM and Similar)

If you use the Services to send email, SMS, or other messages, you represent and warrant that you (a) have obtained all required consents and permissions (including express written consent where required), (b) provide required disclosures, (c) honor opt-outs and suppression lists promptly, and (d) comply with all applicable laws and industry rules (including TCPA, CAN-SPAM, and applicable carrier/industry requirements). You are solely responsible for the content, targeting, timing, and legality of messages you send using the Services.

5.6 Suspension for Deliverability, Risk, or Compliance

Monarch may suspend, limit, or terminate messaging features or accounts if Monarch determines, in its sole discretion, that your use may harm deliverability, violate applicable law or industry rules, generate excessive complaints, create unusually high bounce or opt-out rates, trigger fraud/abuse signals, or otherwise pose security, legal, compliance, or reputational risk.

6 Fees, Payments, Subscriptions, Credits, Trials, and Taxes

Some Services require payment, including monthly subscriptions, annual subscriptions, usage-based fees, credits, and one-time purchases.

6.1 Billing and Payment Processing

You agree to pay all fees and applicable taxes. Payments may be processed by third-party payment processors such as Stripe. We do not store full payment card numbers.

6.2 Trials

Monarch may offer free trials at its discretion. Unless stated otherwise at sign-up, trials may be modified or terminated at any time and may be limited to one (1) per person or one (1) per company. At the end of a trial, access may end or you may choose to purchase a paid plan.

6.3 Refund Policy

First payment refund: We offer a 30-day refund on the first payment for a subscription or paid plan, unless otherwise stated on an applicable order form or at checkout. To request a refund, you must contact our support desk via [email protected] within 30 days of the first payment.

Credits: Credits are non-refundable and are not redeemable for cash, except where required by law.

Conduct-based removal from Community Activities is governed by Section 10.6. Such removal does not itself create an additional refund entitlement and does not cancel the refund rights stated in this Section 6.3 or an applicable purchase guarantee.

6.4 Cancellation

You may cancel at any time. Unless stated otherwise at checkout or in a Customer Agreement, cancellation stops future renewals. Access to subscription Services may continue through the remainder of the then-current billing period unless we state otherwise in the Services or in an order form.

6.5 Changes to Fees

We may change fees or introduce new fees by providing notice (for example, within the Services, by email, or on a pricing page). Changes apply prospectively.

6.6 Taxes; Currency; VAT

Fees are stated and payable in U.S. Dollars (USD) unless otherwise stated. You are responsible for all applicable taxes, duties, and government assessments, including VAT/GST where applicable, except taxes based on our net income.

6.7 Separate Order Forms

We may offer separate order forms for certain items (including high-ticket items) with additional or different terms. If you agree to an order form, its terms will apply to that purchase and will control in the event of a conflict with these Terms.

6.8 Chargebacks

If you initiate a chargeback or payment dispute, Monarch may suspend your account while the dispute is pending and may require updated payment before restoring access.

7 Support

Support is provided via email and support ticket only.

Support hours: Monday–Friday, 10:00 a.m. to 5:00 p.m. Eastern Time, excluding holidays.

8 Business Customers; Customer Data; Integrations; DPA

“Customer Data” means data or content submitted to the Services by or on behalf of a customer (including contact records, messages, scheduling data, CRM records, files, and similar data).

8.1 Your Responsibilities for Customer Data and Compliance

You represent and warrant that you have all rights, permissions, and lawful bases needed to collect, use, submit, and share Customer Data with Monarch and to authorize Monarch to process Customer Data to provide the Services. You are responsible for obtaining required consents and complying with applicable laws and third-party terms.

8.2 Integrations

The Services may allow you to connect third-party services (including Google Calendar and email systems). Your use of third-party services is governed by their terms. Monarch is not responsible for third-party services.

8.3 Data Processing Addendum

If required, Monarch may provide a Data Processing Addendum (“DPA”) for business customers. Contact [email protected].

9 AI Features; Output Disclaimer; No Professional Advice

The Services may include artificial intelligence or machine-learning features that generate content, recommendations, summaries, scoring, automations, or other outputs (“AI Features”).

AI output may be inaccurate or incomplete. You are responsible for reviewing and validating AI outputs before relying on them.

No professional advice. The Services (including AI Features, training, seminars, coaching, templates, examples, and materials) are provided for informational and educational purposes only and do not constitute legal, financial, medical, or other professional advice. You should consult qualified professionals as appropriate.

No responsibility for AI outputs. To the maximum extent permitted by law, Monarch is not responsible or liable for AI outputs or any actions, decisions, or results based on AI outputs.

10 Training, Seminars, No Guarantees, and Release of Liability

Monarch may provide training, seminars, coaching, educational materials, or related programs (collectively, “Training”). You acknowledge and agree:

• No uptime or results guarantees. We do not guarantee uptime, uninterrupted availability, outcomes, revenue, profits, business results, or income.
• Assumption of risk. Your business decisions are your own, and you assume all risks associated with implementing strategies, guidance, or information from the Services or Training.
• Release. To the maximum extent permitted by law, you release Monarch and its owners, officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses arising out of or related to your use of the Services or Training, including reliance on AI outputs, strategies, or recommendations, except to the extent caused by Monarch’s gross negligence or willful misconduct where such limitation is not permitted by law.

10.1 Pro Max; ScalePlus Software and Conditional Community Participation

A purchase of Pro Max (also called ProMax) includes the ScalePlus software access described in the applicable purchase offer. Where a plan includes mastermind participation, member groups, live training, or other community activities, participation is conditional on compliance with Sections 10.1–10.8 and reasonable community rules communicated to members. These conditions apply even where community access is advertised as included in a paid plan; payment does not authorize misconduct or confer an unconditional right to participate. These provisions do not reclassify the purchased offering or remove benefits expressly promised at purchase other than through lawful enforcement of applicable conduct conditions.

10.2 Covered Communities, Events, and Communications

“Community Activities” means all current and future Scale, ScalePlus, Pro Max, and related member communities and activities provided, hosted, administered, or officially designated by Monarch or its authorized organizers, including WhatsApp and Facebook groups, forums, chat channels, Zoom and other video meetings, mastermind sessions, live training, question-and-answer sessions, conferences, networking sessions, meetups, and other online or in-person events and gatherings. These rules apply to posts, comments, replies, links, forwarded messages, images, videos, audio, reactions, screen sharing, live remarks, and other participation, as well as community-related direct communications with members, speakers, moderators, or staff. They do not regulate unrelated private activity or personal beliefs.

10.3 Business Focus; Prohibited Content and Conduct

Community Activities exist to support constructive business education, implementation, collaboration, and professional development. You must treat others respectfully and must not engage in any of the following:

• Political or religious content: posting, sharing, displaying, promoting, or initiating political or religious content or discussion, including partisan commentary, political campaigning, election debates, political or religious advocacy, proselytizing, and arguments about political or religious beliefs. This restriction applies regardless of viewpoint, affiliation, or belief and whether or not another member complains.
• Abuse or intimidation: harassment, bullying, threats, discriminatory abuse, hate speech, personal attacks, targeted humiliation, sexually explicit content, or retaliation against anyone for reporting misconduct or participating in an investigation.
• Disruption: trolling, deliberately provoking arguments, repeatedly derailing business discussions, interrupting sessions, flooding chats, or otherwise materially interfering with members, speakers, or staff or the orderly conduct of Community Activities.
• Unwanted solicitation or misuse of information: spam, unauthorized advertising, unsolicited recruiting or sales messages to members, sharing another person’s private or confidential information without permission, or recording or distributing private sessions or member communications without required permission or consent.
• Evasion or noncompliance: refusing reasonable moderator or event instructions, encouraging others to violate these rules, sharing restricted invitations or access credentials, or attempting to bypass a removal or restriction using another account, identity, purchase, or person.

Good-faith product feedback, honest reviews, lawful complaints, reports to regulators or law enforcement, and other legally protected communications are not prohibited merely because they criticize Monarch or its Services. Enforcement concerns conduct and the business purpose of the community, not a person’s protected status or privately held beliefs.

10.4 Enforcement; Permanent Removal

Compliance is a material condition of participation. If Monarch determines in good faith, based on available evidence, that you have violated these rules, any violation, including a first violation, may result in removal of content, restriction of participation, immediate removal from one or more Community Activities, or permanent exclusion from all current and future Community Activities. Monarch may choose the scope of enforcement in its reasonable discretion, taking account of the conduct, its seriousness, its effect on others, and any prior violations. A warning, progressive discipline, or opportunity to cure is not required before removal, except where required by law or an applicable Customer Agreement. We may restrict participation while investigating reasonably supported reports to protect members and the orderly conduct of an activity.

Permanent exclusion remains in effect unless Monarch expressly reverses it in writing following the one-time appeal below. Expiration of time, renewal, a new purchase, a new account, or an invitation from another member does not restore eligibility. Do not attempt to rejoin or attend while excluded.

10.5 Continued ScalePlus Software Access

Removal or exclusion from Community Activities alone does not cancel, downgrade, or terminate your purchased ScalePlus software access. Software access continues for the applicable purchased term, including any applicable lifetime arrangement, subject to the payment obligations, usage limits, and other conditions of that purchase. A violation confined to the community conduct rules will not, by itself, be used to terminate software access under the general enforcement provisions in Section 4, Section 15, or the Acceptable Use Policy. Separate grounds relating to software misuse, nonpayment, security, fraud, or legal requirements remain subject to the applicable software terms. Community removal does not automatically cancel a subscription; you retain the cancellation rights in Section 6.4.

10.6 No Refund Arising Solely from Conduct-Based Removal

To the fullest extent permitted by applicable law, lawful restriction, removal, or exclusion for a violation of these conduct conditions does not itself entitle you to a refund, partial or prorated refund, credit, discount, compensation, replacement activity, or reduction or forgiveness of amounts otherwise due under your purchase. This applies even if Community Activities influenced your decision to purchase or were included in your plan. Continued software access does not create a new purchase, extend the purchased term, or guarantee reinstatement to Community Activities.

This provision does not cancel or narrow the first-payment refund policy in Section 6.3, an applicable money-back guarantee or express refund right offered at purchase, the controlling terms of a Customer Agreement, or any non-waivable legal right or remedy. It does not impose a penalty for exercising a lawful cancellation, payment-dispute, complaint, or review right.

10.7 One Written Appeal

You may submit one written appeal of a removal or exclusion decision to [email protected]. Include your name, account email, the affected community or event, and the reasons and supporting information you believe justify reconsideration. A decision covering multiple Community Activities is one decision for this purpose. Monarch will review the appeal and communicate its determination in writing. Restrictions remain in effect during review; an appeal does not guarantee reinstatement. If the appeal is denied, the exclusion remains permanent and there is no further internal community appeal of that decision. This limit does not restrict any legal right, external remedy, or dispute-resolution right under Section 23.

10.8 Notice, Evidence, and Application

When imposing a final removal or exclusion, Monarch will provide written notice identifying the restriction, a summary of the conduct and rule relied upon, and the appeal address, subject to lawful limits necessary to protect safety, privacy, or an investigation. Notice may follow immediate protective removal. We may consider and lawfully retain relevant posts, messages, screenshots, attendance or moderation records, witness reports, and other evidence for enforcement, appeals, and dispute handling, in accordance with our Privacy Policy and applicable law. This provision does not authorize unlawful recording or waive required consent.

These conditions apply when they have become part of the terms applicable to your participation, subject to any legally required notice or assent. They do not retroactively turn previously permitted conduct into a violation or erase rights under a prior purchase. Earlier conduct remains subject to the rules and terms applicable when it occurred. Sections 10.1–10.8 control over general suspension or termination language for removal based solely on these community conduct rules.

11 Lifetime Deals / Lifetime Purchases

If Monarch offers a “lifetime,” “lifetime deal,” “lifetime access,” or “lifetime purchase” (collectively, a “Lifetime Purchase”), then “lifetime” means the lifetime of the specific product or Service offering as made available by Monarch at the time of purchase, not the lifetime of any individual, user, customer, or entity.

A Lifetime Purchase:

• Applies only to the specific product/plan and current offering identified at the time of purchase, and only for as long as Monarch continues to make that product/plan offering available.
• Is non-transferable and may not be assigned, resold, sublicensed, or otherwise transferred to any other person or entity, except where required by law or expressly permitted by Monarch in writing.
• Is limited to one (1) user unless the Lifetime Purchase terms at checkout expressly include additional users or seats.
• Does not include (unless expressly stated in writing at the time of purchase) upgrades, new modules, new features, add-ons, expansions, future products, premium support, integrations, increased usage limits, credits, messaging fees, or any third-party fees introduced now or in the future.
• Does not guarantee any minimum period of availability, uptime, longevity, continued operation, or continued support.
• May be modified by Monarch at any time, including changes to features, functionality, user experience, service limits, included usage, or availability, and may be upgraded, downgraded, enhanced, replaced, restructured, or rebranded.
• May be suspended or discontinued in whole or in part at any time, including discontinuation of the product, feature sets, or the Services associated with the Lifetime Purchase.
• Remains subject to these Terms. Monarch may suspend or terminate access for violations of these Terms or where required for security, legal, deliverability, or compliance reasons.

If a Lifetime Purchase is discontinued, Monarch may (but is not obligated to) offer a replacement, migration path, or alternative access at Monarch’s discretion.

12 Intellectual Property

The Services, including software, designs, text, graphics, logos, trademarks, and all related intellectual property, are owned by Monarch or its licensors and are protected by law. Monarch grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your lawful internal use in accordance with these Terms.

If you provide suggestions, ideas, or feedback (“Feedback”), you grant Monarch a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate the Feedback without compensation to you.

13 User Content; Files; Data Backup

If you submit content to the Services (“User Content”), you retain ownership of your User Content, subject to the rights you grant in these Terms.

You grant Monarch a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display User Content solely to provide, secure, maintain, and improve the Services and to perform our obligations under these Terms and any applicable Customer Agreement.

You are responsible for maintaining independent backups of Customer Data and User Content. Monarch is not responsible for loss of data except to the extent caused by Monarch’s gross negligence or willful misconduct where such limitation is not permitted by law.

13.1 Uploaded Content; Customer Delivery Only

All content uploaded, imported, transferred, or otherwise submitted by you or on your behalf to any Scale product or service, including video files, audio files, images, photographs, graphics, text, documents, downloadable files, archives, and other digital materials, regardless of format or file type ("Uploaded Content"), must be submitted and maintained with a bona fide intent to publish, display, stream, distribute, or otherwise deliver that content to your customers through one or more websites hosted on Scale. This includes customer-facing pages, funnels, stores, course sites, and membership sites hosted on Scale, whether accessed through a Scale subdomain or a custom domain. Storage is permitted only as incidental and reasonably necessary to that customer-delivery purpose.

13.2 Prohibited Storage, Backup, and Archival Use

You shall not use any Scale software, account, upload facility, media library, hosting capacity, or other service as a general-purpose file or video storage service, cloud drive, personal or business file repository, backup service, disaster-recovery repository, archive, or substitute for any such service. Uploading or retaining content merely for safekeeping, stockpiling files, or storing copies unrelated to delivery to customers through a Scale-hosted website is prohibited. The availability of upload tools, media libraries, or storage capacity, including any advertised storage allowance, does not authorize these prohibited uses. These restrictions apply to all Uploaded Content and all account types, including free, trial, paid, and lifetime accounts.

13.3 Idle Content; Deletion After 120 Consecutive Days of Non-Use

For this section, Uploaded Content is "Idle Content" when it is neither published or incorporated into a customer-facing website hosted on Scale nor otherwise being used to deliver content to customers through such a website. Content that remains published or incorporated into such a website for customer delivery is not idle merely because it receives no views, plays, downloads, or other customer traffic. Content that has never been put to such use is measured from its upload date; content previously put to such use is measured from the date that use ceases. Logging into an account, paying subscription fees, viewing a file in an administrative media library, or renaming, moving, or re-uploading substantially the same file without customer-delivery use does not, by itself, interrupt the period of non-use.

After Uploaded Content has remained idle for one hundred twenty (120) consecutive days, Monarch may, in its discretion, remove and permanently delete any or all of that Idle Content without prior notice, including without an email notice, reminder, warning, or opportunity to retrieve it, except to the extent notice or retention is required by applicable law. This is a discretionary deletion right, not an obligation to delete on a particular date. Deletion may be permanent and irreversible. You are solely responsible for maintaining current, independent backups outside the Scale services. Monarch has no obligation to restore, recover, recreate, or compensate you for content deleted under this section, to the fullest extent permitted by law and subject to Sections 13 and 17.

13.4 Violations; Suspension and Account Termination

Violation of the customer-delivery requirement or the prohibition on storage, backup, or archival use constitutes a material breach of these Terms. To the fullest extent permitted by applicable law, Monarch may remove the offending content, restrict or suspend services, or disable or terminate the offending account and its access to the services, without prior notice or an opportunity to cure. The 120-day inactivity period applies to deletion based solely on Uploaded Content being idle; it does not provide a grace period for prohibited storage or backup use or other violations, and it does not limit the separate suspension and termination provisions in Section 15. All protections, disclaimers, and limitations in this section extend to Monarch and its affiliates, officers, directors, employees, contractors, and agents, subject to applicable law and the limitations in Sections 13 and 17. Nothing in this section overrides a legally required notice, retention obligation, or non-waivable right.

14 Abusive Automation; Rate Limits

We may impose rate limits, usage caps, throttling, or other technical restrictions to prevent abuse, protect the Services, maintain deliverability, and preserve performance. You agree not to attempt to circumvent these restrictions. We may suspend or terminate accounts or features for abusive behavior, including scraping, excessive automated requests, or attempts to overload systems.

15 Suspension and Termination

Subject to the continued-software-access protections for community-only violations in Sections 10.1–10.8, we may suspend or terminate your access to the Services immediately if:

• you violate these Terms,
• your use poses a security risk or could harm the Services or others,
• we are required to do so by law, or
• you fail to pay applicable fees for paid Services.

You may stop using the Services at any time. If you have a paid subscription, you must cancel to avoid future charges.

Sections intended to survive termination will survive, including intellectual property, disclaimers, limitation of liability, dispute resolution, and indemnification.

16 Disclaimers

THE SERVICES (INCLUDING AI FEATURES AND TRAINING) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONARCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

MONARCH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DATA WILL NOT BE LOST.

17 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

MONARCH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MONARCH’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO MONARCH FOR THE SERVICES IN THE THIRTY (30) DAYS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

18 Indemnification

You agree to defend, indemnify, and hold harmless Monarch and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your use of the Services,
• your User Content or Customer Data,
• your violation of these Terms, or
• your violation of any law or third-party rights (including messaging compliance and consent obligations).

19 Export Controls and Sanctions

You agree to comply with all applicable export control and sanctions laws and regulations in connection with your use of the Services, including those of the United States and any other applicable jurisdictions.

20 Force Majeure

Monarch will not be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, war, terrorism, civil unrest, government actions, internet or telecommunications failures, third-party hosting failures, power outages, carrier disruptions, or service provider outages.

21 Copyright Complaints

If you believe content on the Services infringes your copyright, contact us at [email protected] with sufficient detail to identify the work and the allegedly infringing material. We may remove content and terminate repeat infringers where appropriate.

22 Governing Law (Florida)

These Terms and any dispute, claim, or controversy arising out of or relating to the Services or these Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles, except to the extent prohibited by applicable law.

23 Dispute Resolution; Arbitration; No Class Actions

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

23.1 Informal Resolution

Before filing a claim, you agree to contact us at [email protected] and provide a brief description of your dispute. We will attempt to resolve it informally.

23.2 Binding Arbitration

Except for claims that may be brought in small claims court (if eligible) or claims for injunctive or equitable relief relating to intellectual property or unauthorized access, you and Monarch agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration.

The arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action.

23.3 No Class Actions

To the maximum extent permitted by law, you and Monarch agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding.

Unless you and Monarch agree otherwise in writing, the arbitrator (or court, if arbitration does not apply) may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If any portion of this “No Class Actions” clause is found unenforceable, then the remaining portions will remain in effect to the fullest extent permitted by law.

23.4 Arbitration Opt-Out

You may opt out of arbitration by sending an email to [email protected] within 30 days of first accepting these Terms, with the subject line “Arbitration Opt-Out” and your name and the email address associated with your account. If you opt out, you and Monarch agree that disputes will be resolved in the state or federal courts located in Palm Beach County, Florida, and you consent to personal jurisdiction there.

23.5 Severability (Arbitration)

If any portion of this section is found unenforceable, the remainder will remain in effect, except that if the “No Class Actions” clause is found unenforceable, then this entire arbitration section will be null and void.

24 Venue (If Arbitration Does Not Apply)

If a dispute is permitted to be brought in court, you and Monarch agree to exclusive venue in the state or federal courts located in Palm Beach County, Florida, and you consent to personal jurisdiction there.

25 Electronic Communications

By using the Services, you consent to receive communications from Monarch electronically (e.g., email, in-app notices). You agree that electronic notices satisfy any legal requirement for written notice.

26 Assignment

You may not assign these Terms without Monarch’s prior written consent. Monarch may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

27 Severability and Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Monarch’s failure to enforce any provision is not a waiver of its right to enforce it later.

28 Changes to These Terms

We may update these Terms from time to time. We will update the “Last Updated” date when changes are made. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

29 Contact