The Starware Monday.com Apps Terms of Use

TERMS OF USE

Last Updated: February 2025

Welcome to The Starware Yazılım LTD. ŞTİ. ("The Starware", "Company", "we", "us", or "our"). These Terms of Use ("ToU" or "Agreement") govern your access to and use of our website and applications available through the monday.com Marketplace. By accessing or using our services, you agree to be bound by these Terms of Use.

1. DEFINITIONS

"Applications" means any software applications developed by The Starware and made available through the monday.com Marketplace.
"Application Page" means the dedicated page for each Application on the monday.com Marketplace.
"Customer Data" means any data, content, or information that you upload, submit, or otherwise provide through the Applications.
"Marketplace" means the monday.com Apps Marketplace.
"Subscription Plan" means the subscription tier selected by you for access to an Application's features.
"Term" means the period during which you have an active subscription to use an Application.

2. GRANT OF LICENSE; RESTRICTIONS

Subject to your compliance with these Terms of Use and payment of applicable fees, The Starware grants you a limited, non-exclusive, worldwide, non-sublicensable, non-transferrable, and revocable license to access and use the Applications solely for your internal business purposes during the Term.

You agree NOT to:

Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Applications;
Copy, modify, adapt, or create derivative works based on the Applications;
Use the Applications to develop a competing product or service;
Sublicense, lease, rent, loan, or otherwise transfer the Applications to any third party;
Remove, alter, or obscure any proprietary notices on the Applications;
Use the Applications for any unlawful purpose or in violation of any applicable laws or regulations;
Attempt to gain unauthorized access to the Applications, related systems, or networks;
Interfere with or disrupt the integrity or performance of the Applications.

Your use of the Applications is also subject to The Starware's Acceptable Use Policy.

3. UPDATES

The Starware may, at its sole discretion, provide updates, upgrades, enhancements, or new features to the Applications. Such updates may be provided at no additional cost or may require additional fees, as determined by The Starware. We reserve the right to modify, suspend, or discontinue any Application or feature at any time.

4. SUPPORT

Technical support for the Applications is provided in accordance with The Starware's Service Level Agreement.

5. FEES AND PAYMENT

Access to the Applications requires a paid subscription, which may be purchased through the monday.com Marketplace.

Subscription fees and payment terms are as specified on the Marketplace or Application Page;
All fees are exclusive of applicable taxes, which you are responsible for paying.

6. TERM AND TERMINATION

Your subscription will automatically renew for successive periods equal to your initial subscription term unless:

You disable auto-renewal through the Marketplace; or
You or The Starware provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within fourteen (14) days after receiving written notice. Upon termination, your license to use the Applications will immediately cease.

7. CUSTOMER DATA

You are solely responsible for the accuracy, quality, integrity, and legality of Customer Data. Customer Data is stored on monday.com's servers and is subject to monday.com's terms of service and privacy policy. The Starware does not store Customer Data on its own servers. You retain all rights to your Customer Data.

For information on how we protect your data, please refer to our Security Policy and Data Protection Addendum.

8. PRIVACY

Your use of the Applications is subject to The Starware's Privacy Policy. By using the Applications, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

9. INTELLECTUAL PROPERTY

The Applications, including all content, features, functionality, and underlying technology, are owned by The Starware and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in this Agreement grants you any right, title, or interest in the Applications except for the limited license granted herein.

10. CONFIDENTIALITY

Each party agrees to maintain the confidentiality of any non-public information disclosed by the other party and marked as confidential or that should reasonably be understood to be confidential. This obligation does not apply to information that: (a) is or becomes publicly available without breach; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of confidential information; or (d) is lawfully obtained from a third party.

11. WARRANTY DISCLAIMER

THE APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE STARWARE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE STARWARE DOES NOT WARRANT THAT THE APPLICATIONS WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE STARWARE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE APPLICATIONS, EVEN IF THE STARWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STARWARE'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU TO THE STARWARE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Starware and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Applications; (b) your violation of this Agreement; (c) your violation of any applicable laws or regulations; or (d) your Customer Data.

14. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in İzmir, Turkey.

15. MISCELLANEOUS

Entire Agreement: This Agreement constitutes the entire agreement between you and The Starware regarding the subject matter hereof and supersedes all prior agreements and understandings.
Amendment: The Starware reserves the right to modify this Agreement at any time. Material changes will be notified via the Application or email. Continued use after changes constitutes acceptance.
Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: No failure or delay by The Starware in exercising any right shall operate as a waiver of such right.
Assignment: You may not assign this Agreement without The Starware's prior written consent. The Starware may assign this Agreement without restriction.

16. CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us at:

The Starware Yazılım LTD. ŞTİ.

İzmir, Turkey

Email: info@thestarware.com