Terms and Conditions — Same Item Multiple Boards

Last updated: July 21, 2024

Welcome to Same Item Multiple Boards, an application available on the monday.com Marketplace (as defined below) that allows you to duplicate and synchronize items (task) across multiple boards on the monday.com platform, including, without limitation, posting updates on the same item on different boards, sharing selected columns with other boards, sharing specific items and columns with client-facing boards for transparent communication and updates, client management, team collaboration, and custom workflow creation (the "Application" and the "Services", respectively). The Application and the Services are operated under the brand Pioneera.io which is owned and operated by Alayof Digital Ltd. ("Company", "we", "us").

Please carefully read the following End User Terms of Use (the "Terms"). By accessing, installing, or using the Application, you agree to be bound by these Terms. You may not use the Application if you do not agree to the Terms.

Your use of the Application and the Services is also subject to the monday.com applicable terms and policies (including, without limitation, the monday.com Marketplace terms of service (the currently available at https://monday.com/l/marketplace-developers/marketplace-terms-of-service/ (the "Marketplace Terms of Service") and the monday.com terms of service (the "monday.com Terms of Service"), as may be amended from time to time (collectively, the "monday.com Terms"). It is your responsibility to review the monday.com Terms, and you should not use the Application if you do not agree to the monday.com Terms. You bear the sole and exclusive responsibility for complying with monday.com Terms. We shall have no liability whatsoever with respect to any act by monday.com, any functionality or operation programmed by monday.com, or the quality of the performance of any monday.com services, tools or applications, including, but not limited to, the monday.com Marketplace. You acknowledge that we may modify, suspend, or terminate the Services and/or these Terms as a result of or pursuant to any instruction, policy, condition, term, feature, practice, functionality, or operation made, implemented, published, or programmed by monday.com.

Who may use the Services?

You may only access, install, and use the Application if you are a legal corporation or an individual over the age of 18, with full legal capacity, and own a monday account.

If you are entering these Terms on behalf of your employer, a company, or another legal entity, you hereby represent that: (i) you are duly authorized on behalf of your employer or such an entity (as applicable) to enter into these Terms; (ii) after reading and understanding these Terms, you agree to these Terms on behalf of your employer or the respective entity (as applicable), and these Terms shall bind your employer or such entity (as the case may be).

Definitions

• "monday.com Marketplace" refers to the online marketplace that provides downloadable, accessible, and cloud-based application products available at: https://monday.com/marketplace, its successors, and the application products available from within the monday.com platform.
• "Account(s)" refers to your account(s) on the monday.com platform with which you use the monday.com services.
• "Effective Date" refers to the date when you first installed the Application.
• "Privacy Policy" refers to our privacy policy currently available at: Privacy Policy.

Use; monday Account

Subject to these Terms, you may access, install, or use the Application exclusively for your reasonable business needs. To use the Application, you must sign into your Account and install the Application through the monday.com Marketplace.

Your use of the Account is also governed and subject to the monday.com Terms of Service. You are fully and solely responsible and liable for your Account and its accuracy and for all activities performed in or through the Application with or through your Account. Any registration information you provide to monday.com, us, or a third party must be accurate, current, and complete. You must also update your information so that we may send you notices, statements, and other information by email or through your Account. You are solely responsible for any activity through your Account and maintaining its confidentiality and security. You agree to notify us immediately of any unauthorized use of your Account or any other security breach. We will not be liable for any loss or damage arising from your failure to comply with these responsibilities.

Fees and Billing

The Services are offered subject to your payment of applicable fees (the "Fees"), in accordance with the various plans and amounts presented to you upon installing the Application or at a later time (each, a "Plan", and together the "Plans"), currently available at: https://monday.com/marketplace/listing/10000363/same-item-multiple-boards#pricing. We also offer the Services on a trial basis, free of charge, allowing use for 20 items on three boards. Once you reach the limit of the free trial, you will be prompted to select a paid Plan to continue.

We reserve the right to change, at any time, at our sole discretion, our available Plans at any time, eliminate any Plan offered by us at any time, offer a new Plan, and/or change the prices of each Plan. We will notify you in advance of any of the above changes in the Plans and/or prices, and the change will take effect only to the next payment due. We also reserve the right to transform a free-of-charge section of the Service to a fee-based service and will seek your consent to pay those Fees. If you do not consent, you shall cease any use of the Application and the Services.

Please note that our Application is considered a monday.com Billed App, as such term is defined in the Marketplace Terms of Service. Accordingly, you will pay all Fees directly to monday.com and acknowledge that the Fees and their payment are subject to monday.com payment and refund terms under the Marketplace Terms of Service.

Terms, Termination and Renewals

Termination by You:

You may terminate these Terms at any time by either removing the Application from your Account or by submitting a request to monday.com using your Account.

Please note that cancellations and refunds are subject to the Marketplace Terms of Service. Accordingly, you may still incur charges even after terminating these Terms, as per the Marketplace Terms of Service.

Termination by Us:

We reserve the right to temporarily or permanently limit or block your access to the Application and the Services if we determine that you breached these Terms. We may also at any time discontinue or terminate the operation of the Application and the Services, their features, or any part thereof, temporarily or permanently, for all users or certain users, without any liability to you.

Termination of monday.com Integration:

You acknowledge that the Services can only be provided by us for so long as the integration to monday.com continues and that if our integration to monday.com is revoked or ceases and/or our corresponding agreement with monday.com expires or terminates, these Terms shall immediately terminate.

Renewals:

Each Plan is for the duration specified in that Plan details. Unless you terminate these Terms (as outlined above) in advance, before the end of the then-current term of the Plan, the Plan will be automatically renewed.

Effects of Termination

Upon termination, you must discontinue any and all use of the Application. Following termination, you will not be able to access the Services.

Use of the Services and Restrictions

While using the Application, you agree to refrain from:

• Breaching these Terms, the monday.com Terms, or any other applicable rules and instructions that we may convey with respect to the use of the Services and/or the Application;
• Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law;
• Interfering with, burdening, or disrupting the functionality of the Application or Services;
• Breaching the security of the Application, Services, or monday.com systems or identifying any security vulnerabilities in them;
• Circumventing or manipulating the operation or functionality of the Application, Services, or monday.com system or attempting to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented in the Application;
• Using or launching any automated system, including without limitation robots, crawlers, and similar applications to collect or compile content from the Application or the Services;
• Reverse engineering, decompiling, disassembling, or attempting to discover the source code of the Application and/or the Services or any part of monday.com's systems and/or services;
• Impersonating any person or entity or making any false statement pertaining to your identity, employment, agency, or affiliation with any person or entity;
• Attempting to probe, scan, or test the vulnerability of any system or network related to the Application, Services, or monday.com systems or breaching any security or authentication measures;
• Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by us by monday.com or any of our providers and/or monday.com's providers or any other third party (including another user) to protect the Services;
• You may not access or use the Application and the Services to develop or create a similar or competitive application or service;
• Engaging in activities that infringe, misappropriate, or violate third-party intellectual property rights, including, without limitations, patents, copyrights, trademarks, trade secrets, moral rights, or other intellectual property rights, or rights of publicity or privacy;
• Engaging in activities that: (i) are fraudulent, false, misleading, or deceptive; (ii) are defamatory, obscene, pornographic, vulgar, or offensive; (iii) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) violent or threatening, or that promote violence or actions threatening to any entity or person; (v) promote illegal or harmful activities or substances;
• Engaging in any activity that promotes illegal or harmful activities or products or materials;
• Using or accessing the Services and/or the Application and/or monday.com services for any unlawful purpose, for any purpose not expressly authorized hereunder, or in any manner inconsistent with these Terms and or monday.com Terms.

User Content

The Application integrates with your Account, and your content will be accessible through the Application (the "User Content"). You represent and warrant that you are solely responsible for all User Content. You assume all risk associated with the User Content, including, but not limited to, anyone's reliance on their quality, accuracy, or reliability, or any disclosure by you of information in the User Content. We assume no liability for any loss or damage to the User Content.

UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE, OUR AFFILIATES, OR OUR SUBCONTRACTORS BE RESPONSIBLE OR LIABILITY IN ANY MANNER WHATSOEVER FOR ANY USER CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS THEREIN, FOR ANY INFRINGEMENT OF THIRD PARTY RIGHTS, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE COLLECTION OR USE OF THE USER CONTENT BY US.

The Application does not provide any data backup services. You acknowledge that the Services and/or Application are not intended to, and will not, operate as an archive or file-storage product for any data, material, and/or information (including, without limitation, the User Content). You are responsible for maintaining backups of the User Content and ensuring adequate protection and backup of data and/or equipment you use in connection with the Services, including, but not limited to, the User Content.

Privacy

Your Privacy: We respect your privacy. Our Privacy Policy, incorporated into these Terms by reference, explains the privacy practices of the Application and the Services.

Intellectual Property

Our Intellectual Property:

All rights, title, and interest in and to the Application and the Services, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, and other intellectual property rights, and any goodwill associated therewith, but excluding any content that originates from users, are our and/or our licensors exclusive property. Any rights and interests associated with monday.com are the exclusive property of monday.com.

Restrictions:

You may not copy, reverse engineer, modify, or create derivative works of the Application's intellectual property in any way or by any means. You may not use any name, mark, logo, or domain name confusingly similar to our marks, logos, and internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill. These restrictions also apply to any intellectual property associated with monday.com.

Changes in the Application; Discontinuation

We may, but are not obligated to, maintain the Application with periodic updates or upgrades. We will determine the frequency and scope of such updates, and you will have no plea, claim, or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors, and assignees (collectively, our "Staff"), for any of these updates or the lack thereof.

We reserve the right to remove, modify, and/or add any tool, functionality, and/or feature of the Application and/or Services (collectively, "Features") at any time, without any notice to you, and for any reason whatsoever, without any liability to you. Some Features, may in any event, be limited, suspended or restricted by geography, volume, duration, or any other criteria determined by us. Moreover, if we determine that you are in breach of any provision of these Terms, we reserve the right to block you from certain Features. A new or modified Feature may be accompanied by separate or additional terms, in which case such terms will apply instead of, or in addition to, these Terms (as set forth in such terms).

We may, at any time, without prior notice, suspend the operation of the Application and/or the Services, temporarily or permanently, without any liability to you.

Support, Availability, and Quality

The availability, quality, and functionality of the Application and the Services depend on various factors, including software, hardware, and communication networks, provided by third parties at their responsibility and/or any other factors beyond our control. These factors are not fault-free. We may need to interrupt the Services and/or the Applications, from time to time, for maintenance and other operational reasons.

WE DO NOT WARRANT THAT THE APPLICATION AND THE SERVICES WILL OPERATE WITHOUT DISRUPTION, ERRORS, OR INTERRUPTIONS OR THAT IT WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES, OR UNAUTHORIZED ACCESS. You will not receive any compensation or refund for such interruptions.

During your use of the Application and the Services, we will, either directly or with the assistance of third parties, provide you with technical support for technical questions, problems, and inquiries regarding the Application and the Services during our business days and hours. We make no warranties to any specific response.

Changes to the Terms

We may amend the Terms from time to time. In such case, we will notify you of the amended Terms. Your continued use of the Services and the Application after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible through the listing page of the Application in the monday.com Marketplace. If you do not accept the amended Terms, these Terms will be terminated.

Disclaimer of Warranty

THE APPLICATION AND THE SERVICES, AS WELL AS ANY OTHER ITEMS PROVIDED OR MADE AVAILABLE BY US, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, AND AFFILIATES (THE "OFFICERS") DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL, OR EXPECTED BENEFITS.

WE DO NOT WARRANT THAT (1) THE APPLICATION AND THE SERVICES WILL OPERATE UNINTERRUPTEDLY, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE APPLICATION AND THE SERVICES WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARE, COMPUTER VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE APPLICATION AND THE CONTENT AVAILABLE THROUGH IT, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED ON THE APPLICATION WILL BE ACCURATE, BENEFICIAL, OR RELIABLE; (5) THE RESULTS OF THE USE OF THE APPLICATION AND THE SERVICES WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

THIS SECTION OF THE DISCLAIMER OF WARRANTY ALSO APPLIES TO monday.com, ITS AFFILIATES, AND ANY SERVICE PROVIDED BY monday.com.

Limitation of Liability

ANY AND ALL COMMUNICATIONS AND INTERACTIONS BETWEEN YOU AND THIRD PARTIES (SUCH AS monday.com), INCLUDING, WITHOUT LIMITATION. ANY SUCH COMMUNICATIONS MADE ON OR THROUGH THE APPLICATION AND THE SERVICES AND ALL CONSEQUENCES RESULTING FROM THE ABOVE ARE STRICTLY BETWEEN YOU AND SUCH THIRD PARTIES, AND YOU ASSUME FULL AND EXCLUSIVE RESPONSIBILITY FOR THEM. WE ARE NOT A PARTY TO THOSE COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS.

THE TOTAL AND AGGREGATED LIABILITY OF THE COMPANY AND ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS, AND ANYONE ACTING ON THEIR BEHALF FOR ANY AND ALL DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE APPLICATION OR THE SERVICES OR THESE TERMS SHALL BE LIMITED TO THE FEES YOU ACTUALLY PAID (IF ANY) TO THE COMPANY DURING THE 12 MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE DAMAGE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE APPLICATION AND THE SERVICES IS YOUR SOLE RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT WILL WE, INCLUDING OUR OFFICERS, BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) THE USE OF, OR THE INABILITY OF YOU OR THIRD PARTIES TO USE THE APPLICATION, AND THE SERVICES, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (F) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APPLICATION OR THE SERVICES (G) ANY RELIANCE MADE BY YOU ON THIRD PARTY SOFTWARE OR HARDWARE AND/OR YOUR RELIANCE UPON THE APPLICATION AND THE SERVICES (H) ANY FAULT OR ERROR MADE BY OUR OFFICERS (I) ANY CANCELLATION OF YOUR PLAN (J) ANY CONTENT UPLOADED OR AVAILABLE TO THE APPLICATION OR THE SERVICES (K) ANY RETENTION, DELETION, DISCLOSURE, OR ANY OTHER USE OR LOSS OF CONTENT AND/OR USER CONTENT ON THE APPLICATION AND THE SERVICES. IN EACH CASE, REGARDLESS OF WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

THE monday.com TERMS WILL APPLY WITH RESPECT TO monday.com LIMITATION OF LIABILITY.

Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless us and our Officers, at your own expense and immediately after receiving written notice thereof, from and against any damages, loss, costs, and expenses, including attorney's fees and legal expenses, resulting from any plea, claim, allegation, or demand, arising from, or in connection with (i) your use of, or inability to use, the Application and the Services, (ii) your Account, (iii) any User Content including but not limited to any claim brought by a third party alleging that your User Content, (iv) your breach of these Terms and/or the monday.com Terms, (v) Your breach of any other terms, rules or regulations applicable to the Application and the Services, including, without limitation, the monday.com Terms; (vi) your use of the Application and/or the Services in a way that, infringes or misappropriate the intellectual property rights of a third party or violates applicable law.

Links and Commercial Information in the Services

The Application and the Services may contain links to content published on other websites or external sources provided by third parties. By linking to a certain website, we do not endorse or sponsor its content or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content or their availability.

Governing Law & Jurisdiction

Regardless of Your place of residence or organization or where you access or use the Application and the Services from, these Terms and your use of the Application and the Services will be exclusively governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.

The competent courts located in the Tel-Aviv-Jaffa district will have exclusive and sole jurisdiction over any dispute, claim, or controversy arising from, or in connection with, the Services and its use, and with respect to any matter relating to the validity, applicability, performance, or interpretation of these Terms. You and us, each, hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

Notwithstanding the foregoing, we may also lodge a claim against you: (a) pursuant to the indemnity clause above, in any court adjudicating a third-party claim against us; and (b) for interim, emergency, or injunctive relief in any other court having general jurisdiction over you.

General

These Terms constitute the entire agreement between you and the Company with respect to the subject matter herein and supersede any and all agreements.

No waiver, concession, extension, representation, alteration, addition, or derogation from these Terms or pursuant hereto shall be effective unless effected in writing and expressly.

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms shall remain in full force and effect.

You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void. We may assign these Terms in their entirety, including all rights, duties, liabilities, and obligations therein, upon notice to you and without obtaining your further specific consent, to any third party. By virtue of such assignment, the assignee assumes our stead, including all rights, duties, liabilities, and obligations.

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