AI training
No flags in this category.
Auto-renewal
- Severity 3
"In order to ensure that Customer will not experience any interruption or loss of services, Customer’s Subscription includes an automatic renewal option by default. Accordingly, unless Customer cancels its Subscription prior to its expiration, which in the case of an annual Subscription, such cancellation notice shall be no less than 30 days prior to its expiration (unless otherwise permitted by monday.com), the Subscription to the underlying Services will automatically renew upon the end of the then applicable Subscription Term, for a renewal period equal in time to the original Subscription Term and, unless otherwise notified to Customer, at the same price (subject to applicable Tax changes and excluding any discount or other promotional offer provided for the first Subscription Term). Accordingly, unless either Customer or us cancel the Subscription prior to its expiration, we will attempt to automatically charge Customer the applicable Fees upon or immediately prior to the expiration of the then applicable Subscription Term."
Monday.com automatically renews your subscription at the current price unless you give them at least 30 days' notice before renewal.
If they raise prices and you miss the 30-day window, you're locked in for another full term at the new price.
⚖️Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)
Price hikes
- Severity 3
"We reserve the right to change the Fees at any time, upon notice to Customer if such change may affect Customer’s existing subscriptions upon renewal."
Monday.com can change your subscription fees at any time, but they will notify you if the change affects your renewal.
You might face higher costs upon renewal if you're not paying close attention to their notifications.
⚖️Matches FTC v. MoviePass / Helios and Matheson Analytics (2021) - Severity 3
"Customer acknowledges that monday.com and any Third Party Services, may change the fees for the Third Party Services from time to time, including imposing a new charge on a Third Party Services that was provided for free."
Monday.com and their third-party services can change their fees, including charging for services that were previously free.
You could be surprised by new or increased charges for services you use, impacting your budget.
⚖️Matches Netflix Price Hike Class Action (2023) - Severity 3
"Unless expressly stated otherwise in a separate legally binding agreement, if Customer received a special discount or other promotional offer, Customer acknowledges that upon renewal of the Subscription to the Services, monday.com will renew such Subscription to the Services, at the full applicable Fee at the time of renewal."
If you received a discount, your subscription will renew at the full price unless otherwise agreed.
Your renewal cost will be significantly higher than your initial discounted price.
⚖️Matches Netflix Price Hike Class Action (2023)
Data residency
- Severity 3
"monday.com may use its affiliates, including monday.com Inc. (111 East 18th Street, 13th Floor, New York, NY 10003 USA) and third party service providers to process and/or collect payment from you."
Monday.com may use its affiliates and third-party providers, including those in the US, to process payments and your data.
Your data may be handled by multiple companies in different locations, increasing potential exposure.
Termination friction
- Severity 3
"It is Customer’s sole liability to export the Customer Data prior to such termination or expiration. In the event that Customer did not delete the Customer Data from the Account, we may continue to store and host it until either Customer or we, at our sole discretion, delete such Customer Data, and during such period, Customer may still be able to make a limited use of the Services in order to export the Customer Data (“Read-Only Mode”), but note that we are not under any obligation to maintain the Read-Only Mode period, hence such period may be terminated by us, at any time, with or without notice to Customer, and subsequently, the Customer Data will be deleted."
It's your responsibility to export your data before your subscription ends; Monday.com may offer limited read-only access to export, but can end this anytime.
You risk losing all your data if you don't export it before termination, as Monday.com is not obligated to keep it accessible.
⚖️Matches Bungie / Destiny 2 Account Termination Litigation (2023) - Severity 3
"Customer acknowledges the foregoing and its sole responsibility to export and/or delete the Customer Data prior to the termination or expiration of these Terms, and therefore we shall not have any liability either to Customer, nor to any User or third party, in connection thereto."
Monday.com is not liable for any loss of your data if you fail to export it before your subscription ends.
You have no recourse if your data is deleted after termination if you didn't proactively export it.
⚖️Matches Bungie / Destiny 2 Account Termination Litigation (2023)
Liability caps
- Severity 4
"IN NO EVENT SHALL EITHER PARTY HERETO AND ITS AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD PARTY SERVICE PROVIDERS), BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS FOR (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, USE, BUSINESS, REPUTATION, REVENUE OR GOODWILL; AND/OR (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE."
Monday.com and its partners are not liable for indirect damages, lost profits, data loss, or security failures, regardless of the cause.
You cannot recover damages from Monday.com for significant losses like data breaches or service failures.
⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022) - Severity 4
"EXCEPT FOR THE INDEMNITY OBLIGATIONS OF EITHER PARTY UNDER SECTION 16 (INDEMNIFICATION) HEREIN, YOUR PAYMENT OBLIGATIONS HEREUNDER OR BREACH OF OUR ACCEPTABLE USE POLICY BY EITHER YOU OR IN CASE OF A CUSTOMER, ANY OF THE USERS UNDERLYING ITS ACCOUNT, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY, ITS AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, ITS THIRD PARTY SERVICE PROVIDERS), UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITES AND THE SERVICES), EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU (IF ANY), DURING THE 12 CONSECUTIVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY."
Monday.com's total liability to you is capped at the amount you paid them in the 12 months before the issue arose, except for specific exceptions like indemnity.
If their service causes you major financial harm, your compensation is limited to what you've already paid them.
⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022)
Indemnification
- Severity 3
"Customer hereby agrees to indemnify, defend and hold harmless monday.com and its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, losses, reasonable expenses or costs (collectively, “Losses”) incurred as a result of any third party claim arising from (i) Customer’s and/or any of its Users’, violation of these Terms or applicable Law; and/or (ii) Customer Data, including the use of Customer Data by monday.com and/or any of its subcontractors, infringes or violates, any third party’s rights, including, without limitation, intellectual property, privacy and/or publicity rights."
You must defend Monday.com if a third party sues them because of your violation of terms, your data, or if your data infringes on someone else's rights.
You could be responsible for legal fees and damages if your actions or data lead to a lawsuit against Monday.com.
⚖️Matches T-Mobile Data Breach Settlement — settled for $350M (2022)
Silent term changes
- Severity 4
"We may add, modify or discontinue any feature, functionality or any other tool within any Services and/or Sites, at our own discretion and without further notice, however, if we make any material adverse change in the core functionality of the Services, then we will notify you by posting an announcement on the Sites, via the Services and/or by sending you an email."
Monday.com can change or remove features at any time without notice, but they will tell you if a core function changes significantly.
You could lose access to a feature you rely on without any warning, impacting your workflow.
⚖️Matches X Corp. Verified User Class Action (2024) - Severity 4
"Your continued use of the Services after the changes have been implemented will constitute your acceptance of the changes."
Continuing to use Monday.com after they make changes means you accept the new terms.
You might unknowingly agree to unfavorable terms simply by continuing to use the service.
⚖️Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)
Ask the lawyer
Monday.com · grade A
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Recent changes detected
Aug 19, 2024
monday.com introduced monday AI and updated its terms to allow board content, task descriptions, and file attachments to be processed by third-party AI providers, with anonymized data used for model improvement. The prior policy had an explicit prohibition on this use.
Project teams storing strategic roadmaps, client deliverables, and proprietary workflows in monday.com — all board content is now accessible to AI processing pipelines, and anonymized versions feed back into model training.