MONSORA TERMS OF SERVICE
These Terms of Service (the "Terms") form a binding agreement between you and Shanghai Shichu Culture Technology Co., Ltd. ("Monsora", "we", "us" or "our"), and govern your download and use of the Monsora desktop application (the "Software"), the Monsora browser extension (the "Extension"), the cloud-based storage and account services described in Section 8 (the "Cloud Services"), and the websites, documentation, command-line interface and support channels we make available in connection with them (together, the "Services").
Monsora is a cloud-based creative asset management service. It collects, stores and organises images, video, audio, prompt text, generation parameters, 3D and design files and related creative material. The primary copy of your content is stored in the cloud, and your device keeps a local cache of your content by default to support performance and limited local access. You may disable the local cache in Settings and use Monsora in cloud-only mode. Monsora also offers artificial-intelligence-assisted collection and organisation features.
By downloading, installing or using the Services, or by clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not install or use the Services. If you are accepting these Terms on behalf of an organisation, you confirm that you have authority to bind that organisation, and "you" refers to both you and that organisation.
Our Privacy Policy, our Acceptable Use, Content and Collection Guidelines (the "Guidelines"), the subprocessor and service-provider list referred to in Section 13.1 (the "Subprocessors List"), the Browser Extension Privacy Notice, the Imported Cookies Confirmation, the AI Processing and Auto-Filing Notice, and, where your access is provided under it, the Test Programme Terms are incorporated into and form part of these Terms.
Where the Test Programme Terms conflict with the body of these Terms, the Test Programme Terms prevail for so long as your access is provided under the Test Programme. Where the Guidelines conflict with the body of these Terms, the body of these Terms prevails. The Privacy Policy, the Subprocessors List and the notices referred to above describe how we handle information about you and who processes it on our behalf, and they do not vary the commercial terms on which the Services are provided. Where they conflict with the body of these Terms as to how we handle information about you, who processes it, where it is processed or how long it is kept, those documents prevail, and as between them the Subprocessors List prevails as to the identity, function and processing locations of our providers. On any other subject the body of these Terms prevails. Nothing in this paragraph reduces any right you have under applicable data protection law.
IMPORTANT NOTICE FOR USERS IN THE UNITED STATES. SECTION 23 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A WAIVER OF CLASS AND REPRESENTATIVE ACTIONS. PLEASE READ IT CAREFULLY. SECTION 23.8 EXPLAINS HOW YOU MAY OPT OUT. SECTION 23.9 EXPLAINS THAT THE ARBITRATION AGREEMENT DOES NOT APPLY TO CONSUMERS RESIDENT IN THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM OR SWITZERLAND.
1. THE SERVICES AND HOW THEY WORK
1.1. Cloud-based operation and local cache. The Software forms part of a cloud-based service. When you add material to the Software, the primary copy of that material is stored in the cloud in the Cloud Services, and your device keeps a local cache of your content by default. The local cache supports performance and limited local access to your content, including limited access when you are offline. You may disable the local cache in Settings and use Monsora in cloud-only mode. Disabling the local cache does not delete your content from the cloud, and does not disable the AI Features described in Section 9 or the analytics described in our Privacy Policy. Certain features, including the AI Features, transmit selected User Content to a provider at the time you use them, and the relevant Section explains how each such feature is switched on and off.
1.2. Asset collection. The Services provide several ways for you to bring external material into the Software, including local file upload, an in-application embedded browser, imported cookies, batch capture from a web page, a menu-bar screenshot tool, drag-and-drop, and the Extension. Section 6 governs your collection of material and your use of third-party sites, and Section 7 governs imported cookies and the Extension.
1.3. Capsules. The Software allows you to group creative material and its associated context into a packaged unit (a "Capsule"). A Capsule may hold reference images, prompt text, generation parameters, style information, lineage information and workflow notes, and may have independent versions and variant branches. A combination Capsule may reference a specific version of another Capsule. A Capsule is a way of organising material within your own cloud account and, where enabled, its local cache. Other than the comment feature, this version of the Services does not include any feature for sharing a Capsule, or any other content, with another person or with the public. If we introduce sharing or team features, we will do so under updated terms and with notice as described in Section 18.
1.4. Your content. All material you add to, collect within, or create through the Services, including files, thumbnails and previews, file names, tags, prompt text, generation parameters, lineage and provenance information, and comments you create, is your "User Content".
1.5. Availability. The Software is provided by download from our official website. We do not currently distribute the Software through any application store, and we are not responsible for any copy of the Software obtained from any source other than our official website or a channel we expressly authorise. The Extension is provided through the Chrome Web Store and through our official website.
2. ELIGIBILITY, ACCOUNTS AND ACCOUNT SECURITY
2.1. Age requirement. The Services are available only to individuals aged eighteen (18) years or older. By using the Services you represent that you are at least eighteen (18) years old. We do not knowingly permit any person under eighteen (18) to create an account or use the Services, and we will terminate any account we determine belongs to a person under that age. Where the age of digital consent in your country of residence is higher than eighteen (18), you must also meet that age.
2.2. Account creation. You need an account to use the Services. You may create an account using an email address with a verification code, or by signing in through Google or Discord, in which case you may be asked to supplement your username and, where applicable, an invitation code on first login. You are responsible for the accuracy of the information you provide and for keeping it current.
2.3. Account security and devices. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. The Services record the devices on which you sign in, together with the device identifier and login time, and allow you to sign devices out. You must notify us promptly at hi@monsora.ai if you become aware of any unauthorised access to or use of your account.
2.4. One account, no transfer. Accounts are personal to you. You may not sell, rent, lend, share or otherwise transfer your account, your credentials or any invitation code to any other person, and you may not use another person's account.
3. LICENCE TO USE THE SOFTWARE
3.1. Licence grant. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to download and install one or more copies of the Software and the Extension on devices you own or control, and to use the Services, including the command-line interface described in Section 10, for your own creative purposes, whether personal or commercial.
3.2. Restrictions. You may not, and may not permit any third party to, copy, modify, translate or create derivative works of the Software or the Extension except as permitted by applicable law; reverse engineer, decompile or disassemble the Software except to the extent applicable law expressly permits notwithstanding this restriction; rent, lease, lend, sell, sublicense or otherwise commercially exploit the Services; remove or obscure any proprietary notice; circumvent any technical limitation, licence key, storage allowance, authentication requirement or access control; or use the Services to build or train a competing product or service.
3.3. Updates. We may make updates, patches and new versions of the Software and the Extension available from time to time, and may install them automatically where necessary to maintain security, correct defects or maintain compatibility. Some updates may change or remove features. Where an update materially reduces functionality you rely on, Section 18 applies.
4. FEES AND FUTURE PAID FEATURES
4.1. No charge for the current version. The version of the Services made available under these Terms is provided at no charge. We do not collect payment information from you for it and no payment obligation arises under these Terms.
4.2. Future paid features. We may introduce paid plans, paid features or paid storage allowances in future versions of the Services, on separate pricing and payment terms that you will be asked to accept before any charge arises. Nothing in these Terms obliges you to purchase anything, or entitles you to any discount, credit, allowance or other benefit in a future paid plan, whether by reason of your participation in any test programme or otherwise.
5. YOUR CONTENT AND THE RIGHTS YOU GRANT US
5.1. You keep ownership. You retain all right, title and interest in and to your User Content, including all intellectual property rights in it. Nothing in these Terms transfers any ownership of your User Content to us.
5.2. Local cache. Your device keeps a local cache of your content by default to support performance and limited local access. The local cache is a copy of content of which the primary copy is stored in the cloud. Keeping a copy in the local cache gives us no ownership of your User Content and creates no additional right in our favour, and the licence in Section 5.3 applies in the same way whether or not the local cache is enabled.
5.3. Limited licence for content you add. Where you add User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, back up, index and display to you the User Content you add, and to generate thumbnails, previews, search indexes, deduplication hashes and reformatted or transcoded copies of it, in each case solely to the extent necessary to operate, secure, maintain and provide the Services to you. This licence exists only to make the Services work. Except as expressly agreed in a separate, specific authorisation between you and us (including any future data programme), this licence includes no right to publish your User Content, no right to license it to any third party for that party's own purposes, and no right to use it to develop, train, fine-tune or improve any artificial intelligence or machine learning model, except under any future data programme for which we obtain your separate, specific, informed and revocable opt-in consent.
5.4. Duration and revocation. The licence in Section 5.3 begins when the relevant User Content is added and ends when you delete that content or your account is deleted, subject to a recovery window during which deleted content may be restored, and to the limited period reasonably required to remove copies from active systems, non-current versions, and routine backups, which will not exceed thirty (30) days, as described in our Privacy Policy, and to any period for which applicable law requires us to retain it. Section 8.5 addresses historical Capsule versions.
5.5. No promotional use without separate consent. Except as expressly agreed in a separate, specific, informed and revocable authorisation between you and us (including any future data programme), we will not use your User Content, your name or your likeness for marketing, promotional, advertising or public case-study purposes unless you have given us separate, specific and revocable consent to that use. Acceptance of these Terms is not such consent.
5.6. Your responsibility for your content. You represent and warrant that you own or have all rights, licences, consents and permissions necessary for your User Content and for its collection and processing through the Services as contemplated by these Terms, and that your User Content and your use of the Services comply with these Terms, the Guidelines and applicable law.
5.7. Feedback. If you send us suggestions, ideas, bug reports or other feedback, including up to the number of images the feedback tool permits, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it without restriction and without obligation to you. We will not identify you as the source of feedback in any public communication without your consent.
6. ASSET COLLECTION AND THIRD-PARTY SITES
6.1. Your authority to collect. The Services let you collect material from your own device and from third-party websites and platforms you visit, including through the embedded browser, batch capture, the screenshot tool, drag-and-drop and the Extension. You are responsible for ensuring that you have the right to collect, store and use any material you bring into the Services, and that your collection complies with these Terms, the Guidelines, applicable law and the terms, access rules and technical restrictions of any site or platform from which you collect.
6.2. Third-party sites are not ours. The embedded browser and related features allow you to reach third-party sites and platforms from within the Software. Those sites and platforms are operated by others, are governed by their own terms and privacy notices, and are not endorsed, controlled or verified by us. We are not responsible for third-party sites, for their content, or for any material you obtain from them.
6.3. Your role and ours. You direct what material is collected and when. We provide the tools; we do not select the material, and we do not represent that any particular collection is permitted by the source. Where a source's terms prohibit collection, you must not use the Services to collect from it.
7. IMPORTED COOKIES AND THE BROWSER EXTENSION
7.1. Imported cookies. The Services allow you to import cookies from your local browser so that you do not have to sign in again to third-party platforms you use inside the embedded browser. This feature operates only for the platform domains you select, only after you grant the separate permission the Extension requests and confirm on your device, and it is your choice to enable it.
7.2. Local handling. Imported cookies are passed locally, through a channel on your own device, into the embedded browser's local session on your device. They are not sent to our servers and are not recorded in our logs, telemetry or product analytics. Imported cookies remain subject to their own expiry and to your deletion, and you may remove them at any time.
7.3. The Extension. The Extension operates inside your own browser to provide collection features such as batch capture and reference selection. The Browser Extension Privacy Notice and the Imported Cookies Confirmation describe what the Extension accesses and how imported cookies are handled, and are incorporated into these Terms.
8. CLOUD STORAGE AND LOCAL CACHE
8.1. Core cloud storage. The Cloud Services are a core part of the Services and are not an optional backup feature. When you add User Content to the Services, the primary copy is stored in the cloud, together with associated metadata, on storage operated on our behalf by the infrastructure providers identified in our Privacy Policy and the Subprocessors List, so that it can be accessed and synchronised across your devices. Your device keeps a local cache of your content by default as described in Sections 1.1 and 5.2, and you may disable the local cache and use Monsora in cloud-only mode. Disabling the local cache does not delete your content from the cloud.
8.2. Where your content is stored. Your User Content is stored primarily in the United States. The Subprocessors List states the current storage locations and the infrastructure providers we use, and our Privacy Policy describes the safeguards that apply to any international transfer of your User Content.
8.3. Storage allowance. Your account carries a storage allowance, which is set out in the Test Programme Terms for the current version of the Services and if applicable, may be set out in other relevant terms if the Services you use are no longer subject to the Test Programme Terms. We may change the allowance applicable to a future version of the Services, and Section 18 governs how we will notify you of any reduction and how long you will have to respond.
8.4. Behaviour at the allowance limit. If your stored content reaches your allowance, further additions to the Cloud Services will be prevented until you reduce your stored content or, where available, obtain a larger allowance. The local cache is not a separate storage entitlement and does not increase your allowance. Where a change to your allowance causes existing stored content to exceed it, we will not delete that content by reason of the excess; your account will instead enter a read-only state in respect of the excess after the notice and grace period described in Section 18, during and after which you will continue to be able to view, download and export all of your stored content.
8.5. Historical versions. Each Capsule may retain historical versions to support rollback and lineage. Historical versions are retained while your account and the relevant Capsule exist; they are deleted when you delete your account, and we will give effect to a valid request to delete personal data as described in our Privacy Policy, notwithstanding any description of a version as permanent. Nothing in this Section limits any statutory right you have to erasure or deletion.
8.6. Export and portability. You may export your User Content held in the Cloud Services at any time while your account is active, including while your account is in a read-only state, in the original file formats together with associated metadata in a structured, commonly used and machine-readable format. If you are established in the European Union or otherwise entitled to the benefit of Regulation (EU) 2023/2854, you may at any time request that we assist you in transferring your User Content and associated metadata to another provider, or that we delete it, and we will provide reasonable assistance within the periods that Regulation requires without charge except as that Regulation permits.
8.7. Keep your own exports. The Cloud Services hold the primary copy of your content and we take reasonable care of it. You should nonetheless keep your own exports of any User Content that matters to you. This Section does not reduce our duty to take reasonable care of your content, does not limit any liability that cannot be limited under applicable law, and does not affect any statutory right available to you as a consumer.
9. AI FEATURES, AUTO-FILING, NO MODEL TRAINING, AND OUTPUT
9.1. What the AI Features do. The Services include features that use artificial intelligence to help you collect and organise your material, including recognition of creative context at import, automatic tagging, metadata and lineage extraction, deduplication, content classification, automatic filing into Capsules, prompt reconstruction, optional image descriptions and improved semantic search (the "AI Features"). Image descriptions may be generated for images you add and for images extracted on your device from video, and are not generated from the video files themselves.
9.2. Auto-filing. Where you import material without selecting a target Capsule, the AI Features may analyse it and propose a classification, creating a new Capsule draft or a new-version draft of an existing Capsule, or placing material that cannot be classified in an uncategorised area. Where you select a target Capsule, the material is stored directly and auto-filing does not run. Proposed results are presented to you for review before the material formally enters your Library. The AI Processing and Auto-Filing Notice describes this in plain language and is incorporated into these Terms.
9.3. Default setting and control. The AI Features are enabled by default so that features such as semantic search work from your first use of the Services. Before the first transmission to the model provider, we show you a brief explanation of what is sent and to whom, and you may disable the AI Features at any time in Settings. If you are in the European Economic Area, the United Kingdom or Switzerland, or where applicable law otherwise requires separate consent, we ask for that consent separately before enabling the AI Features; where consent is required, the AI Features are not enabled for you until you give it. Any consent or choice is separate from acceptance of these Terms and from any choice relating to product analytics. You may withdraw your consent or change your choice at any time in Settings. We will then stop new AI transmissions, disable the AI Features for you, and delete the semantic search index and any image descriptions generated through the AI Features from our systems. Withdrawal does not delete original User Content from your cloud library and does not affect processing lawfully carried out before withdrawal. We keep a record of the time and version of each grant, withdrawal or choice so that we can demonstrate your decision.
9.4. How your content is processed. We do not use the AI Features, and we do not instruct the model provider, to identify any person, to recognise or match faces, or to group your User Content by the people who appear in it. We do not create, store or retain any face geometry, face template, faceprint or other biometric identifier or biometric information derived from your User Content for the purpose of identifying or distinguishing any person. If we introduce a feature that would do any of these things, we will first update these Terms and our Privacy Policy as described in Section 18, and that feature will not be enabled for you until you have given any separate consent that applicable law requires.
9.5. No model training. We do not use your User Content to develop, train, fine-tune, evaluate or improve any artificial intelligence or machine learning model, whether our own or a third party's. We use the Gemini API on a paid, billing-enabled tier under terms which provide that Google does not use the prompts you submit or the responses you receive to improve its products, and does not use them to train or fine-tune its general-purpose models. If that position changes, we will tell you before the change takes effect, and you will be able to stop using the AI Features and continue using the rest of the Services. If we ever wish to use your User Content to train a model, we will do so only with your separate, specific, informed and revocable opt-in consent.
9.6. Output is not verified. Tags, metadata, reconstructed prompts, classifications, image descriptions, search results and other output generated by the AI Features (the "Output") are produced automatically and may be incomplete, inaccurate or unsuitable for your purposes. You are responsible for reviewing Output before relying on it. THE OUTPUT IS NOT PROFESSIONAL ADVICE OF ANY KIND, AND NOTHING IN THE OUTPUT CONSTITUTES LEGAL, FINANCIAL, MEDICAL OR OTHER PROFESSIONAL ADVICE. We do not use the AI Features to make any decision about you that produces legal effects for you or otherwise significantly affects you.
9.7. Provider screening, retention and location. The model provider applies its own automated abuse monitoring to content submitted to it. If that monitoring flags content, the provider may retain a copy for up to fifty-five (55) days after your request has been answered, to meet its own legal and safety obligations, and may keep that copy in a country other than the one in which your request was processed. Content submitted to the AI Features may be processed outside the country in which you are located. The Subprocessors List states the current retention period and processing locations, and our Privacy Policy describes the safeguards that apply to any resulting transfer. If you would prefer that none of your User Content is subject to this screening, disable the AI Features, and the remainder of the Services remains available to you.
10. REUSE, EXPORT AND COMMAND-LINE ACCESS
10.1. Reuse into third-party platforms. The Services let you reuse your material outside Monsora, including by dragging an asset or a Capsule into a third-party platform, copying reference images, prompts or model parameters to your clipboard, and downloading a Capsule as a folder to your device. When you do so, the material leaves Monsora and enters an environment we do not control.
10.2. Your responsibility on export. You are responsible for your use of any third-party platform to which you send your material and for compliance with that platform's terms. We do not add provenance or source metadata to, and do not control the treatment of, material once it leaves the Services.
10.3. Command-line interface. The command-line interface allows you to read and modify your Capsules programmatically and requires API authentication. You are responsible for keeping your credentials secure and for all activity conducted through them. Section 3.2 applies to your use of the command-line interface.
11. EVIDENCE PACKAGES AND TIMESTAMPING
11.1. What these features do. The Services may offer optional features that record creation activity and generate a downloadable evidence package, and that apply trusted timestamping to a cryptographic hash of your material (the "Evidence Package" features). Where timestamping is used, only a hash is submitted to the timestamping provider; your source material and prompt text are not submitted for that purpose except to the extent you choose to include them in an export.
11.2. Records, not conclusions. The Evidence Package features provide records only. They do not constitute legal advice, do not determine whether any material infringes any right, and do not promise that any work qualifies for copyright or any other protection. We do not add external provenance metadata, such as C2PA or IPTC data, to your exported files, and we do not append source labels to your deliverables.
11.3. What we do not do. We do not represent you in any takedown, settlement, enforcement or litigation, and we do not retain internal risk-detection conclusions about your material. We do not proactively provide your material to any third party except as required by lawful process. Any risk, source or commercial-use indicator the Services may show is informational only and is not a determination by us. This Section 11.3 does not apply to any action we take under Section 12.3.
12. ACCEPTABLE USE AND CONTENT STANDARDS
12.1. Compliance with the Guidelines. Your use and collection of material through the Services must comply with the Guidelines, which set out what you may and may not do, how to report content or conduct that breaches them, and how we handle reports, enforcement and appeals.
12.2. Prohibited use. Without limiting the Guidelines, you must not use the Services to store, collect, process or transmit any material the possession or distribution of which is unlawful, any material that sexually exploits or abuses a child, any material that infringes another person's intellectual property or privacy rights, or any material you do not have the right to hold; and you must not use the Services to circumvent any law, to interfere with the integrity or security of the Services, or to attempt to gain unauthorised access to any account, system or data.
12.3. Child sexual abuse material and child sexual exploitation. (a) We prohibit child sexual abuse material and child sexual exploitation absolutely and without exception. You must not use the Services to store, collect, create, generate, process or transmit any child sexual abuse material, meaning any image, video, audio, text or other material that depicts, describes or appears to depict a person under eighteen (18) years old (a "minor") engaged in sexually explicit conduct or in a sexualised manner, or that otherwise sexually exploits or abuses a minor, whether the material is real or is drawn, animated, computer-generated, AI-generated or altered, and whether or not it is lawful where you are located. This prohibition extends to any material that contains advice or guidance about sexually abusing a minor, to any prompt, generation parameter, model, model weights, adapter or other tool created, adapted, optimised or used to generate such material, and to any use of the Services to groom, entice, sexually extort or traffic a minor. (b) We do not proactively monitor, scan or screen all User Content, and nothing in these Terms requires us to do so. We may, however, for our own purposes of enforcing these Terms and protecting the Services, minors and other persons, use automated tools, including hash-matching and classification technologies, and human review to detect such material and conduct. (c) Where we obtain actual knowledge of facts or circumstances indicating apparent child sexual abuse material or apparent child sexual exploitation in content that has reached us, whether through a report, a lawful request, our own review or an automated tool, we will report such material or conduct to the relevant authorities or reporting bodies where required by applicable law, and may make additional reports where permitted by applicable law . We will preserve the relevant material, together with associated account, device, log and other information, for at least the period required by applicable law, and may preserve it for longer where the law permits, notwithstanding any deletion request or instruction from you and any retention period described in these Terms or our Privacy Policy. We will not return such material to you or permit you to access, download or export it. (d) Where we reasonably determine that an account has been used in breach of this Section 12.3, we will terminate that account, and any other account we reasonably believe is controlled by the same person, immediately and without any opportunity to cure, notwithstanding Section 22.3, and you must not create or use any other account. This paragraph (d) does not require termination where we are satisfied that the material entered the account inadvertently and was reported promptly under paragraph (e), but paragraph (c) continues to apply. Section 14.5 applies to any action we take under this Section 12.3, and, to the extent permitted by applicable law, we may delay or withhold notice to you for so long as a law enforcement authority requests or we reasonably believe that notice could impede an investigation or endanger a minor or any other person. You may appeal under Section 14.4, and where we determine on appeal that we acted in error, we will restore your account and, to the extent lawful, your User Content. (e) If material described in this Section 12.3 enters your account, including inadvertently through batch capture or another collection feature, you must not copy, share or export it, and you should report it to us promptly. Any person, whether or not they hold an account, may report suspected material or conduct described in this Section 12.3 to us through the channel described in the Guidelines, and may also report it directly to the National Center for Missing & Exploited Children, to the Internet Watch Foundation in the United Kingdom or to a hotline in the INHOPE network. (f) No provision of these Terms or of any document incorporated into them, including Sections 5.3, 11.3, 19 and 22.3 and our Privacy Policy, limits our obligations or actions under this Section 12.3.
12.4. Reporting duties in the United States, the United Kingdom and the European Union. Without limiting Section 12.3: (a) United States. We will report apparent child sexual abuse material, and apparent sex trafficking or enticement of a minor, to the CyberTipline operated by the National Center for Missing & Exploited Children, and will preserve the contents of each report, as required by 18 U.S.C. § 2258A and other applicable legal requirements. (b) United Kingdom. Where we are subject to the duty to report child sexual exploitation and abuse content under section 66 of the Online Safety Act 2023 and other applicable legal requirements, we will report detected and unreported UK-linked child sexual exploitation and abuse content to the National Crime Agency as that section and the regulations made under it require. In any other case, we may report such content to the National Crime Agency or the Internet Watch Foundation. (c) European Union. Where we become aware of any information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, including an offence of the kind described in Section 12.3, we will promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned and provide all relevant information available to us, as required by Article 18 of the EU Digital Services Act (Regulation (EU) 2022/2065) and other applicable legal requirements. Where we cannot identify the Member State concerned with reasonable certainty, we will inform the law enforcement authorities of the Member State in which our legal representative resides or is established, or Europol, or both. (d) Other jurisdictions. We will comply with any equivalent reporting obligation that applies to us in any other jurisdiction. The obligations in this Section 12.4 apply in addition to, and do not replace, our obligations under Section 12.3, and no provision of these Terms limits them.
12.5. Lawful adult material. (a) The Services may be used to store lawful adult material, meaning nude or sexually explicit material depicting adults, in your private account storage, subject to the Guidelines, and not extending to any surface on which another person could encounter the material, but only where each of the following conditions is met: (i) it is lawful for you to possess the material, and for us to store it on your behalf, in each jurisdiction in which you are located or resident and where your User Content is primarily stored; (ii) every real person depicted was at least eighteen (18) years old when the material was created and consented to its creation and, where you did not create it yourself, to its distribution; (iii) no person depicted, whether real or wholly synthetic, is depicted or presented as, or appears to be, a minor; and (iv) the material does not depict actual or realistic non-consensual sexual activity or sexual violence, or any other extreme pornographic material, including pornographic depictions of strangulation or suffocation, the possession of which is unlawful in any jurisdiction referred to in (i). (b) You represent and warrant that each of these conditions is met for all adult material you store, and you are solely responsible for any age-verification, consent, record-keeping or other obligation that applies to you in respect of it. Storing adult material in the Services does not make us its producer, publisher or distributor. (c) This Section 12.5 does not permit, and you must not use the Services to store, collect, create or process, (i) any intimate image of a real person taken, created, copied or shared without that person's consent; (ii) any material recorded voyeuristically or otherwise in breach of a person's reasonable expectation of privacy; (iii) any intimate or sexually explicit depiction of a real, identifiable person, including any digital forgery or deepfake, that has been created or altered, by artificial intelligence or any other means, without that person's consent; or (iv) any prompt, model, adapter or other tool created, adapted or used to produce material described in (i) to (iii), including any tool designed to depict real people without clothing. Without limiting this paragraph (c), it covers any material the taking, creation, request, copying or sharing of which is prohibited by the U.S. TAKE IT DOWN Act (Public Law 119-12) or any U.S. state law, by the intimate image offences in the Sexual Offences Act 2003 of England and Wales as amended (including sections 66B, 66E and 66F) or equivalent laws of Scotland or Northern Ireland, by the laws of any European Union Member State implementing Directive (EU) 2024/1385 on combating violence against women and domestic violence, or by equivalent laws in your jurisdiction. Nothing in this Section 12.5 permits any material within Section 12.3. (d) We may ask you for information reasonably necessary to confirm that these conditions are met. Where we reasonably believe that any material does not meet them, including where a person depicted in it reports that they have not consented, we may remove or disable access to that material and take other action under Section 14. A person depicted in such material may report it to us through the channel described in the Guidelines, whether or not they hold an account. (e) Where you use the AI Features in respect of adult material, Section 9.7 applies. We may exclude adult material from the AI Features, the AI Features may decline to process it or may return incomplete Output for it, and you may choose not to use the AI Features for it.
13. THIRD-PARTY SERVICES AND SUBPROCESSORS
13.1. Providers we use. We use third parties to provide parts of the Services, including cloud infrastructure, authentication, email delivery, artificial-intelligence inference, and, where offered, timestamping. We identify them, by legal entity name, country and function, in our Privacy Policy and in the Subprocessors List published at https://monsora.ai/legal/. We remain responsible to you for the Services under these Terms.
13.2. Third-party services you choose. If you sign in through Google or Discord, or otherwise connect a third-party service to the Services, your use of that service is governed by that provider's own terms and privacy notice, and we are not responsible for it.
14. SUSPENSION, ENFORCEMENT AND APPEALS
14.1. Grounds. We may suspend or restrict your access to the Services, or remove or disable access to specific content held in the Cloud Services, where we reasonably determine that you have breached these Terms or the Guidelines, that your account has been compromised, that the content or conduct concerned is unlawful, that suspension is necessary to protect the security or integrity of the Services or the rights or safety of any person, or that applicable law requires it. We will restore access when the reason for suspension is resolved, where appropriate, and this Section does not limit our termination rights under Section 22.
14.2. Proportionality. We will act proportionately and, where the circumstances permit, we will take the least restrictive measure that addresses the issue, which may include notifying you and giving you an opportunity to remedy the breach before we suspend or restrict access.
14.3. Statement of reasons. Where we remove or disable access to your content, suspend or restrict your access to the Services, or terminate your account, we will inform you and provide a clear and specific statement of our reasons, identifying the content or conduct concerned, the contractual or legal ground relied on, whether an automated process was used in reaching the decision, and how you may appeal.
14.4. Appeals. You may appeal any decision under this Section 14 by contacting us as set out in the Guidelines. We will review your appeal without undue delay, under human review, and inform you of the outcome with reasons. Nothing in this Section 14 limits your right to seek redress from a court or other competent body.
14.5. Emergency action. Where the content or conduct concerned involves an imminent risk to the life or safety of a person, or material we are required by law to remove and report, we may act immediately and without prior notice, and we will provide the statement of reasons under Section 14.3 as soon as it is lawful to do so.
15. WARRANTIES AND DISCLAIMERS
15.1. Limited warranty. We warrant that we will provide the Services with reasonable care and skill.
15.2. Disclaimer. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, AND SUBJECT TO SECTION 15.3, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO ACCURACY, AVAILABILITY OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THE ACCURACY OR SUITABILITY OF ANY OUTPUT.
15.3. Consumer rights. Nothing in this Section excludes or limits any warranty or right that cannot be excluded or limited under the law applicable to you as a consumer, including any non-excludable statutory guarantee.
16. LIMITATION OF LIABILITY
16.1. Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2. Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED ONE HUNDRED US DOLLARS (US$100), GIVEN THAT THE SERVICES ARE PROVIDED TO YOU AT NO CHARGE.
16.3. Carve-outs. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE EXCLUDED, AND NOTHING IN THIS SECTION AFFECTS THE STATUTORY RIGHTS OF A CONSUMER.
16.4. Basis of the bargain. THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US AND WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
17. INDEMNIFICATION
17.1. You will indemnify and hold us harmless from any third-party claim, and any resulting loss, arising out of your User Content, your collection or reuse of material, your use of the Services in breach of these Terms or the Guidelines, or your violation of any law or third-party right, except to the extent the claim arises from our own breach of these Terms. We will notify you of the claim, allow you to control the defence with counsel of your choice (provided any settlement releases us and imposes no obligation on us without our consent), and reasonably cooperate at your expense. This Section does not apply to a consumer to the extent prohibited by applicable law.
18. CHANGES TO THE SERVICES AND THESE TERMS
18.1. Changes to the Services. We may add, change or remove features of the Services, including to improve them, to reflect changes in the underlying technology or in applicable law, or to address a security issue.
18.2. Notice of adverse changes. Where a change materially and adversely affects your use of the Services, including the discontinuation of the Services or of the Cloud Services, we will give you at least fourteen (14) days' prior notice by email to the address associated with your account, and you will be able to export your content under Section 8.6 throughout that period. Where the change is required by law or is necessary to address a security risk, we may act on shorter notice and will explain why.
18.3. Reductions in storage allowance. Where we reduce the storage allowance applicable to your account, we will give you at least thirty (30) days' prior notice. Your content in excess of the new allowance will then remain fully accessible for a grace period of at least ninety (90) days from the date the reduction takes effect. During and after that grace period you will continue to be able to view, download and export your content under Section 8.6, and we will not delete it by reason of the excess. After the grace period, the read-only state described in Section 8.4 may apply.
18.4. Changes to these Terms. We may amend these Terms where there is a valid reason to do so, including to reflect a change in the Services, in the law, in our vendors, or in our security or regulatory obligations. The Services are pre-release during the test phase and may change frequently, and we may therefore amend these Terms more often during that period. We will publish the amended Terms and will state the date on which they take effect. Where the change is material or adverse to you, we will give you as much notice as is reasonably practicable and in any event at least fourteen (14) days' prior notice by email, and we will ask you to accept the amended Terms in the Services before they take effect. Where the change is required by law, or is necessary to protect the security of the Services or of your content, or to prevent unlawful use, it may take effect immediately and we will notify you as soon as practicable and explain why. Where a change is neither material nor adverse to you, including a correction, a clarification or a change of address, it takes effect on publication. If you do not accept an amended version of these Terms, you may terminate under Section 22.2 at any time before it takes effect or within thirty (30) days afterwards, and you may export your content under Section 8.6 during that period. An amendment to Section 23 does not apply to any dispute of which either party had given notice before the amendment took effect.
18.5. No retrospective effect. No amendment to these Terms applies retrospectively, and no amendment reduces the protection of any commitment we have already made to you in respect of the handling of your User Content, including the commitments in Sections 5.2, 5.3 and 9.5, in relation to content already uploaded.
19. CONFIDENTIALITY
19.1. What is confidential. "Confidential Information" means non-public information disclosed by one party to the other in connection with the Services that is identified as confidential at the time of disclosure or that a reasonable person would understand to be confidential given its nature and the circumstances in which it was disclosed. Our Confidential Information includes unreleased features, interfaces, designs, roadmaps and technical information about the Services that we make available to you before we release them publicly. Your Confidential Information includes any non-public information about you or your business that you give us in the course of support, a report or an appeal.
19.2. What each party will do. Each party will use the other party's Confidential Information only for the purpose of providing or using the Services, will protect it with at least the care it applies to its own confidential information of a similar kind, and will not disclose it to any third party except to its personnel, advisers and service providers who need it for that purpose and who are bound by obligations of confidentiality at least as protective as those in this Section 19.
19.3. What is not confidential. This Section 19 does not apply to information that is or becomes public other than through a breach of this Section 19, that the receiving party already held without any obligation of confidence, that the receiving party receives from a third party without any obligation of confidence, or that the receiving party develops independently without reference to the other party's Confidential Information.
19.4. Disclosure required by law. Either party may disclose Confidential Information where required by law, by a court or by a regulator, provided that, where it is lawful and practicable to do so, it gives the other party notice in advance and discloses no more than is required.
19.5. Your User Content is not our Confidential Information. Nothing in this Section 19 gives us any right in your User Content, and nothing in it restricts what you may do with your own content, your own work or your own opinions about the Services. Section 5 governs your User Content, and this Section 19 does not vary it. The handling of personal data is governed by our Privacy Policy and not by this Section 19.
19.6. You may say that you use the Services. You may say publicly that you use the Services and give your opinion of them, including a critical opinion. You must not publish screenshots, recordings or descriptions of any feature or interface that we have not released publicly, without our prior written consent. This restriction ends in relation to a particular feature when we make that feature public.
19.7. Duration. The obligations in this Section 19 apply while these Terms are in force and for five (5) years afterwards.
19.8. Feedback and the Test Programme. Section 5.7 governs feedback and this Section 19 does not restrict our use of it. Where you take part in the Test Programme, the confidentiality provisions of the Test Programme Terms apply to unreleased features in addition to this Section 19, and where the two differ the Test Programme Terms prevail for so long as your access is provided under the Test Programme.
20. PRIVACY AND DATA PROTECTION
20.1. Our Privacy Policy explains how we handle personal data in connection with the Services, and the Subprocessors List identifies who processes it on our behalf. Both are incorporated into these Terms. To the extent we process personal data on your behalf as a processor, that processing is governed by the applicable data-processing terms referenced in our Privacy Policy. Nothing in these Terms reduces any right you have under applicable data protection law.
21. EXPORT CONTROL AND SANCTIONS
21.1. You represent that you are not located in, and will not use the Services in or for the benefit of, any country or person subject to applicable trade sanctions or export-control restrictions that would make your use unlawful, and that you will comply with all applicable export-control and sanctions laws in your use of the Services.
22. TERM AND TERMINATION
22.1. Term. These Terms apply while you use the Services and remain in force until terminated.
22.2. Your right to terminate. You may stop using the Services and delete your account at any time. Before deletion you may export your User Content as described in Section 8.6.
22.3. Our right to terminate. We may terminate these Terms or your account, with notice where practicable, if you materially breach these Terms or the Guidelines and do not cure the breach within a reasonable period, if required by law, or if we cease to offer the Services.
22.4. Effect of termination. On termination your licence to use the Services ends. User Content in your cloud library will be deleted in accordance with the retention periods set out in our Privacy Policy, including the period of no more than thirty (30) days for active systems, non-current versions and routine backups. Where termination is by us under Section 22.3 other than for a reason falling within Section 12.3, and where it is lawful for us to do so, we will give you a reasonable period of not less than fourteen (14) days to export your content, subject to the limited period required to remove copies from backups and any retention required by law. Sections that by their nature should survive, including Sections 5.1, 5.6, 5.7, 11, 15, 16, 17, 19, 20, 21, 23 and 24, survive termination.
23. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS WAIVER
23.1. Informal resolution. Before commencing any proceeding, you and we will try in good faith to resolve any dispute informally by contacting the other at the address in Section 24.
23.2. Agreement to arbitrate. Except as stated below, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The seat of arbitration is San Francisco, California, and the arbitration may proceed by written submissions, telephone or video where the Rules permit.
23.3. Governing law. These Terms and any dispute are governed by the laws of the State of California and applicable US federal law, including the Federal Arbitration Act, without regard to conflict-of-laws rules.
23.4. Class waiver. ALL DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU AND WE WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
23.5. Public injunctive relief. Notwithstanding Section 23.4, a claim for public injunctive relief may be brought and adjudicated only in a court of competent jurisdiction and is not subject to arbitration, and this carve-out survives any finding that the class waiver is unenforceable.
23.6. Small-claims and intellectual property. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or the security of the Services.
23.7. Severability. If any part of this Section other than the class waiver is found unenforceable, it will be severed; if the class waiver is found unenforceable as to any claim, that claim will proceed in court.
23.8. Opt-out. You may opt out of Sections 23.2 to 23.7 by sending written notice to hi@monsora.ai within thirty (30) days of first accepting these Terms.
23.9. Consumers in the EEA, UK and Switzerland. Sections 23.2 to 23.8 do not apply to consumers resident in the European Economic Area, the United Kingdom or Switzerland, who retain the benefit of the mandatory laws and forums of their place of residence, and whose statutory rights are not affected by these Terms.
24. GENERAL
24.1. Notices and service. We may give notice by email to the address associated with your account or by posting in the Software. You consent to receive notices, including notice of legal process to the extent permitted by law, by email at the address associated with your account. Notices to us should be sent to hi@monsora.ai.
24.2. Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, reorganisation or sale of assets.
24.3. Force majeure. Neither party is liable for any delay or failure caused by events beyond its reasonable control.
24.4. Severability; waiver. If any provision is held unenforceable, the remainder continues in effect, and no failure to enforce any provision is a waiver.
24.5. No third-party beneficiaries. These Terms do not confer any right on any person other than you and us.
24.6. Entire agreement. These Terms, together with the documents incorporated by reference, are the entire agreement between you and us regarding the Services and supersede any prior agreement on that subject.
24.7. Interpretation. Headings are for convenience only; "including" means "including without limitation".