1.1. Provider: Sole Proprietor Rabadan Izabakarov (Russia) («MonkeyMachine», «we»). Until an international entity is formed, all services are provided by the above entity.
1.2. Domains: monkeymachine.ru, monkeymachine.ai. Contacts: legal@monkeymachine.ru (legal), privacy@monkeymachine.ru (privacy), security@monkeymachine.ru (security), copyright@monkeymachine.ru (IP). Support: support@monkeymachine.ru.
2.1. 18+ only. Accounts for under‑18 are not allowed.
2.2. Clickwrap acceptance: unchecked box = no access. For RU residents an additional consent to personal data processing and cross‑border transfer is required under the RU PD policy.
3.1. B2C/B2B supported; data owner: the individual (B2C) or the organization (B2B) once «Business mode» is enabled.
3.2. Roles: owner/admin/editor/viewer. Guest access is disabled. Invitees accept Terms/Privacy individually. Tenant owner remains responsible for team content/actions.
4.1. Plans: monthly & annual (discount) + pay‑as‑you‑go for AI tokens and object‑storage‑like file usage.
4.2. Free and paid plans; trials 7/14 days per plan.
4.3. Payments in RUB (YooKassa cards/receipts; Tochka Bank SBP). Consumption denominated in USD; currency/ops fees 3–5% may apply.
4.4. Refunds within 30 days for duplicate/erroneous charges or service inability; up to 20% service fee withheld.
4.5. Non‑payment: 2 days read‑only → 30 days freeze → delete in 90 days. Self‑serve export available for 30 days after termination/freeze.
5.1. Limited, non‑exclusive, non‑transferable, revocable, no sublicensing; internal use only.
5.2. Prohibited without a separate agreement: resale/white‑label/MSP, providing the service as a platform to third parties; public API gateways; harvesting datasets to train competing models; rate‑limit evasion; reverse engineering; benchmarking without our prior written consent; mass scraping.
5.3. Embedded outputs may be shown to customer's end‑users within customer's processes, not as a standalone platform‑as‑a‑service.
6.1. No BYO keys for AI. Access to models strictly through us; billed at our rates (incl. mark‑ups/currency/ops fees).
6.2. Third‑party integrations only via our modules; best‑effort compatibility, no SLA/credits.
6.3. We may proxy/cache non‑personal data up to 24h for optimization.
7.1. Customer owns its content. Customer grants us a royalty‑free, non‑exclusive license to host/process/cache, back‑up, secure/anti‑fraud, moderate and operate features.
7.2. We use aggregated/de‑identified metrics/telemetry to improve quality and performance without disclosing personal data or trade secrets.
7.3. AI outputs are owned by customer in our relationship; we give no freedom‑to‑operate warranty. We follow a notice‑and‑takedown process for disputed content.
7.4. Feedback/ideas are licensed to us on a perpetual, royalty‑free basis.
Strict prohibitions: illegality (incl. CSEA/terrorism/violence/hate), IP/confidentiality violations, phishing/fraud/spam, malware/defenses bypass, personal‑data harvesting without rights, harmful/weapon/drug instructions, sanctions evasion, crypto‑mining/bot‑farms without permission. Medical data prohibited; generic notes without personal data allowed with «no medical advice» disclaimer. Enforcement: warning → suspension → termination; immediate block in emergencies; appeal via support e‑mail.
9.1. Channel: support@monkeymachine.ru. Business hours: weekdays 10:00–18:00 (MSK). P1 replies within 4h in business hours; outside hours next business day. Custom work/consulting billed separately.
10.1. Material changes (pricing/billing, sub‑processors/regions, purposes of processing, restrictions of user rights) — 30‑day notice (email + in‑app banner + /legal/changelog). Minor edits effective immediately and noted in changelog. Continuation of use = consent; re‑acceptance may be required for critical changes. If you disagree, you may terminate before the effective date for a pro‑rata refund (subject to deductions).
11.1. Immediate suspension for severe AUP/law violations, security threats, fraud/chargeback. Survival: IP, confidentiality, liability, governing law/disputes, payment. Export for 30 days after termination.
12.1. No Warranties. The Service is provided «as is» and «as available», without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, uninterrupted or error-free operation.
12.2. Limitation of Liability. MonkeyMachine's aggregate liability under any theory (contract, tort, unjust enrichment, or otherwise) shall not exceed the fees actually paid by the Customer in the 6 (six) months preceding the event giving rise to the claim. For free-plan users, the liability cap is $0 (zero) to the extent permitted by applicable law.
12.3. Excluded Damages. MonkeyMachine shall not be liable for: indirect, incidental, punitive, or consequential damages; loss of profits; loss of goodwill; loss or corruption of data; business interruption; damages arising from acts or omissions of third parties (including third-party integrations, payment providers, and AI services). Force majeure includes: third-party provider failures, DDoS attacks, sanctions, changes in legislation, pandemics, natural disasters, governmental actions.
12.4. Third-Party Integration Disclaimer. MonkeyMachine is not a party to the legal relationship between the Customer and operators of third-party systems (including but not limited to YCLIENTS, amoCRM, RetailCRM, Meta/WhatsApp, Telegram, payment providers). MonkeyMachine is not responsible for: (a) availability, accuracy, completeness, or preservation of data in third-party systems; (b) changes to terms, APIs, pricing, or discontinuation of third-party services; (c) losses arising from errors, outages, data breaches, or unlawful actions by third-party operators; (d) incompatibility of third-party API updates with Platform functionality. Integrations are provided on a «best effort» basis without guarantees of compatibility or uptime.
12.5. Customer Indemnification. The Customer agrees to indemnify and hold harmless MonkeyMachine, its affiliates, and their personnel from all losses, costs (including court costs and reasonable legal fees), fines, damages, and other payments arising from:
The indemnification obligation survives termination of these Terms and/or deletion of the Customer's account.
12.6. Customer's Responsibility as Data Controller. The Customer, by using the Platform to process personal data of its end users, acts as an independent data controller and independently bears all controller obligations under applicable data protection law, including: obtaining data subject consents; filing regulatory notifications where required; publishing its own privacy policy; ensuring data subject rights; and determining legal bases for cross-border transfers when using integrations with international platforms. MonkeyMachine acts solely as a data processor on the Customer's instructions and is not liable for the Customer's failure to fulfill its controller obligations.
13.1. IP/content complaints: copyright@monkeymachine.ru or /legal/report. First action within 72h; 10 business days for counter‑notice; «3 strikes — block»; quarantined storage until resolution. Government requests handled under applicable law; we notify where permitted. Sanctions/export — see «Sanctions & Export Policy».
14.1. Governing law: England & Wales. Dispute resolution: mandatory LCIA arbitration in London, English language; class‑action waiver where permitted; 30‑day pre‑arbitration notice. We may seek injunctive relief in competent courts to protect IP/confidentiality/security.
