ANNEX 1 TO THE MONSORA TERMS OF SERVICE
MONSORA TEST PROGRAMME TERMS
This Annex forms part of the Monsora Terms of Service and applies to you if you take part in the invite only test phase of Monsora. Terms defined in the Terms of Service have the same meaning here.
This Annex deals with the things that are true only because Monsora is in test. What the invite gets you, what it does not, what the storage allowance is, what happens to your content when the test ends, and what we are and are not promising about the version you are using. Section 7 and Section 8 are the ones to read closely, because they are the ones that affect your content.
1. WHAT THIS ANNEX IS
1.1. It is part of the Terms of Service. This Annex is incorporated into the Terms of Service. Accepting the Terms of Service when you join the test phase means accepting this Annex.
1.2. Where it prevails. For the duration of the test phase, and in relation to the subject matter of this Annex only, this Annex prevails over any inconsistent provision of the Terms of Service. On every other subject the Terms of Service govern, and nothing in this Annex reduces any right you have under the Terms of Service, the Privacy Policy or the Acceptable Use, Content and Collection Guidelines.
1.3. It is dated and it is specific to this test phase. This Annex applies to the test phase identified in Section 3. If we run a further test phase, or change the terms on which a test phase operates, we will issue a new annex with its own date. We will not treat this Annex as governing a different test phase.
1.4. What it does not do. This Annex does not create any right for you to receive any future version of Monsora, any paid feature, any discount or any other benefit. Section 4 says so in terms.
2. ELIGIBILITY AND INVITE CODES
2.1. Adults only. The test phase is open only to people aged 18 or over. This is the same requirement as in Section 2 of the Terms of Service and it applies without exception during the test phase.
2.2. Invitation only. Access to the test phase requires a valid invite code issued by us. The test phase is limited to a small number of participants selected by us.
2.3. Your invite code is personal to you. You must not sell, transfer, publish or share your invite code, and you must not use an invite code issued to someone else. An invite code has no monetary value and is not property. If a code is used in breach of this Section we may cancel it and close any account created with it.
2.4. One account. You may hold one account during the test phase unless we agree otherwise in writing.
2.5. We may decline or withdraw an invitation. We may decline to issue an invite code, and we may withdraw an unused invite code, for any reason or none. Once you have an account, we may remove you from the test phase only in accordance with Section 12.
3. THE TEST PHASE
3.1. When it runs. The test phase begins on the date stated in your invitation and runs for at least thirty days. We will tell you in the application, and by email, at least fourteen days before it ends.
3.2. We may extend it or end it early. We may extend the test phase, or end it earlier than the stated end date. If we end it earlier than the stated end date, we will give you the notice described in Section 7.2 before your access to the Cloud Services ends, unless we are prevented from continuing by a legal requirement or a serious security or safety issue, in which case we will give you as much notice as we can.
3.3. What we are testing. The purpose of the test phase is to find defects, understand how the product is used and decide what to build next. It is not a commercial launch, and the version you are using is not the version we expect to release.
3.4. Availability during the test. We do not commit to any level of availability, uptime or support during the test phase, and we may take the Cloud Services or the AI Features offline temporarily, including without advance notice, in order to make changes. Content already present in your local cache may remain available during an interruption, but the cache may be incomplete or out of date and is not a separate primary library.
3.5. What leaves your device during the test. User Content you add to Monsora is uploaded to our cloud infrastructure as the primary copy. Where the AI Features are enabled for you, the application also sends the images you add and images extracted locally from the videos you import, text information associated with your material, and text or image search queries to our model provider as described in Section 9 of the Terms of Service and Section 6 of the Privacy Policy. Video files themselves are not sent to the model provider. We use this content to build and run semantic search and, if you enable image descriptions, to generate text descriptions of your images. Where product analytics are enabled for you, the application sends the limited feature counts, timestamps and approved scalar properties described in Section 5 of the Privacy Policy. Outside regions requiring separate consent, the AI Features and product analytics are enabled by default after the required short explanation; in the European Economic Area, the United Kingdom, Switzerland, and any other place where law requires separate consent, they are not enabled until you give that consent. The controls are separate, and the local-cache setting does not stop cloud storage.
4. NO CHARGE AND NO COMMITMENT
4.1. The test phase is free. We do not charge you for taking part in the test phase, and we will not ask you for payment details during it. There is no subscription, no trial that converts into a paid plan, and no payment obligation of any kind.
4.2. We are not committing to launch anything. We may change, delay, suspend or abandon Monsora or any feature of it. Nothing in this Annex, in any communication about the test phase, or in any roadmap, preview or discussion of future plans, is a commitment that any feature will be released or that any version will become generally available.
4.3. No promise about future pricing or benefits. We make no commitment as to the price, content, storage allowance or availability of any future paid version of Monsora. Taking part in the test phase does not entitle you to any free or discounted plan, any credit, any storage allowance, any future access or any other commercial benefit. If we decide to give test participants a benefit of any kind, it applies only if we tell you about it in writing, and it is not guaranteed unless we say so.
4.4. Feedback is not a purchase. Providing feedback, reporting defects or taking part in the test phase does not entitle you to any payment, credit, equity, benefit or recognition unless we agree otherwise in writing.
5. THE SOFTWARE IS PRE-RELEASE
5.1. What that means. The version of Monsora used in the test phase is pre-release software. It has not been through the testing a released product goes through. It may contain defects, it may behave unexpectedly, features may change or be removed, and it may fail.
5.2. Risk to User Content in your cloud library. Defects, changes and failures during the test phase may result in User Content in your cloud library being corrupted, becoming inaccessible or being lost. We take reasonable care, but you should not treat the Cloud Services during the test phase as the only copy of anything you value.
5.3. Your local cache. The local cache may be incomplete and is not an independent backup. We recommend that you regularly use the export function to retain an independent copy of material that matters to you. This recommendation is not an admission that the software is unsafe. It is the same advice that applies to any material you care about.
5.4. Not for production or professional reliance. Do not rely on the test version for anything where failure would cause you loss you are not prepared to bear. If you use Monsora in the course of paid work during the test phase, you do so on the basis that the risk of defect and loss is yours.
5.5. How this interacts with the Terms of Service. Section 15 of the Terms of Service deals with warranties and the pre-release nature of the software, and Section 16 deals with liability. This Section explains the position in plain terms and does not extend any exclusion beyond what those Sections provide. Section 13 of this Annex confirms that neither Section reduces the rights consumers have under law.
6. STORAGE DURING THE TEST PHASE
6.1. Your allowance. During the test phase your free allowance in the cloud library is 100 GB per account or other capacity that we designated, measured by the size of your files as stored.
6.2. What happens when you reach it. When you reach your allowance, you cannot add further User Content until you delete content or obtain additional capacity. Existing cloud content is not deleted or made inaccessible solely because you reached the allowance. You can free up space by deleting content you no longer want to keep in the cloud.
6.3. We will tell you before you get there. We will notify you in the application as you approach your allowance so that reaching it is not a surprise.
6.4. We will not delete your content to enforce a limit during the test phase. Reaching or exceeding the allowance is not a ground for deleting your content during the test phase.
7. THE END OF THE TEST PHASE
7.1. What happens to your account. Your account and the User Content stored in your cloud library survive the end of the test phase. Your cloud content is not deleted merely because the test phase has ended. What changes is the basis on which storage is provided, and from the end of the test phase the storage terms of the then current version of Monsora apply to your content, with the protections set out in Section 8. The end of the test phase is a change in the terms on which the service is provided, not the closure of your account.
7.2. Notice before anything changes. We will give you at least 14 days notice by email to the address registered to your account and by notice in the application before the end of the test phase, and that notice will tell you what is changing, what your storage allowance will be, and how to export your content. Any reduction in your storage allowance is subject to the separate thirty-day notice in Section 8.2.
7.3. Export window. For at least 14 days from the date of that notice you will be able to export all of your content from the Cloud Services. Section 8.6 of the Terms of Service and Section 14 of the Privacy Policy also give you export and portability rights that are not limited to this window.
7.4. Export format. Your export will consist of your original files together with your associated metadata in a structured, machine readable form.
7.5. Local-cache setting at the end of the test phase. The end of the test phase does not by itself change the local-cache setting. Cached copies remain subject to the Software's normal synchronisation and cache-management behaviour.
7.6. If you would rather leave. You may close your account at any time before, during or after the end of the test phase, in which case Section 22 of the Terms of Service and Section 12 of the Privacy Policy apply.
8. STORAGE AFTER THE TEST PHASE
8.1. The allowance will be lower. After the test phase the free allowance in the cloud library will be reduced to 2 GB or other capacity that we designated. The reduction will not take effect until at least thirty (30) days after we notify you under Section 8.2.
8.2. Notice. We will give you at least 30 days notice by email and in the application before the allowance is reduced. The notice will tell you your current usage, your new allowance and what will happen to content above it.
8.3. Grace period. For at least 90 days after the reduction takes effect, content above your new allowance remains fully available to you. During that period you may export it, delete what you no longer want, download or export it to storage that you control, or take a paid plan if one is available.
8.4. What happens after the grace period. If content above the allowance remains at the end of the grace period, that content becomes read only. Read only means you can view it, export it and delete it, but you cannot add to it or change it. We will not delete your content because it exceeds a free allowance. If we ever needed to change that position, we would have to give you notice under Section 18 of the Terms of Service, and we would give you a fresh export window before anything was deleted.
8.5. Your right to leave instead. If you do not accept the reduced allowance, you may close your account and export your content, and Section 18 of the Terms of Service gives you the right to terminate without penalty in response to a change that disadvantages you.
8.6. Why this is drafted this way. A free storage allowance that can be reduced without notice, with content deleted at the end of it, is the kind of term a consumer regulator in the United Kingdom or the European Union looks at closely, and rightly so. Notice, a grace period, a read only fallback rather than deletion, and a right to leave are what make a reduction of this kind fair. They are also what make it easy to explain to a user without an argument.
9. FEEDBACK
9.1. Feedback is voluntary. You do not have to give us feedback. If you do, this Section applies.
9.2. What we may do with it. If you send us feedback, suggestions, defect reports or ideas about Monsora, you allow us to use them without restriction and without any obligation to you. We may implement them, ignore them, or do something different.
9.3. Keep your own material out of it. Please do not send us confidential material of your own, or material belonging to someone else, as part of feedback. If you do, we are under no obligation to treat it as confidential, and you should assume that anything sent as feedback is not confidential.
9.4. Your content is different. This Section applies to feedback about the product. It does not apply to your User Content, which remains yours on the terms set out in Section 5 of the Terms of Service. Nothing in this Section gives us any right over your User Content.
10. CONFIDENTIALITY OF UNRELEASED FEATURES
10.1. What is confidential. During the test phase you will see features, designs, interfaces and plans that we have not released publicly. Those are our confidential information and you must not disclose them outside the test phase, or use them for any purpose other than taking part in the test phase.
10.2. What is not confidential. This obligation does not apply to anything that is public already or becomes public without your fault, anything you knew before joining the test phase, anything you develop independently, or anything you are required to disclose by law or by a court, in which case we ask you to tell us first if you are permitted to.
10.3. Your own content is never our confidential information. Nothing in this Section restricts what you may do with your own content, your own work, or your own opinions about Monsora once a feature is public.
10.4. You may say that you are a tester. You may say publicly that you are taking part in the test phase and give your general opinion of the product. You must not publish screenshots, recordings or descriptions of unreleased features or interfaces without our written permission.
10.5. How long this lasts. This Section applies during the test phase and for two years afterwards, and it ends earlier in relation to any particular feature when we make that feature public.
11. CHANGES TO THIS ANNEX AND TO THE TEST PROGRAMME
11.1. How we change it. We may change this Annex during the test phase. Where a change materially reduces your storage allowance, materially restricts your access to your content, or materially reduces any right you have under this Annex, we will give you at least 14 days notice by email and in the application before it takes effect, and you may close your account and export your content instead of accepting it. Storage allowance reductions are governed by the separate thirty-day notice in Section 8.2.
11.2. Changes we may make immediately. We may make a change immediately where it is required by law, where it is necessary to address a security or safety issue, or where it corrects an error or clarifies wording without changing its effect.
11.3. What we will not do. We will not use a change to this Annex to remove the notice period in Section 7.2, the export window in Section 7.3, the notice period in Section 8.2, the grace period in Section 8.3, or the commitment in Section 8.4 that we will not delete your content because it exceeds a free allowance. Those five protections continue to apply to content backed up while they were in force.
12. SUSPENSION AND REMOVAL FROM THE TEST PROGRAMME
12.1. When we may remove you. We may suspend or end your participation in the test phase if you breach the Terms of Service or the Acceptable Use, Content and Collection Guidelines, if you transfer or publish your invite code, if you breach Section 10, or where we are required to by law.
12.2. How we will do it. Removal from the test phase is an enforcement measure and the process in the Acceptable Use, Content and Collection Guidelines applies to it, including the requirement that we tell you what we decided and why, and your right to appeal.
12.3. What happens to your content. Unless the law requires otherwise, or the material is of a category we are required to preserve or prohibited from returning, we will give you at least 14 days to export your content from the cloud library before it is deleted. Cached copies remain subject to the Software's normal synchronisation and cache-management behaviour.
12.4. Ending your own participation. You may leave the test phase at any time by closing your account. If you do, we will not ask you to explain why, and Section 22 of the Terms of Service applies.
13. YOUR RIGHTS UNDER LAW ARE NOT REDUCED
13.1. Consumers. Nothing in this Annex excludes, restricts or modifies any right or remedy you have under consumer protection law that cannot lawfully be excluded, restricted or modified. If any provision of this Annex is inconsistent with such a right, that right prevails and the rest of this Annex continues to apply.
13.2. The European Economic Area, the United Kingdom and Switzerland. If you are a consumer in the European Economic Area, the United Kingdom or Switzerland, the statutory rules on the conformity of digital content and digital services apply to your use of Monsora, including your remedies if the service does not conform to what was agreed. Those rules can apply even though you pay nothing, because you provide personal data in return for the service. The description of the software as pre-release in Section 5 is a statement of fact about the version you are using and is not an attempt to exclude those rights.
13.3. Free of charge does not mean no obligation. We do not argue, and will not argue, that we owe you nothing because you paid nothing. The commitments in this Annex, in the Terms of Service, in the Privacy Policy and in the Acceptable Use, Content and Collection Guidelines are obligations we have accepted and they apply during the test phase in full.
14. GENERAL
14.1. If a provision fails. If any provision of this Annex is held to be unenforceable, it is severed and the rest continues in force, and the Terms of Service continue to apply to the subject matter of the severed provision.
14.2. How to contact us. For anything concerning the test phase, write to hi@monsora.ai.
14.3. Who we are. This Annex is issued by Shanghai Shichu Culture Technology Co., Ltd. with registered address at No. 25-1 Hongcao Road, Xuhui District, Shanghai, China.