These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and YouMonkey ("Company," "we," "us," or "our"), governing your access to and use of the YouMonkey platform, website located at https://youmonkey.dev, and all related services, applications, dashboards, APIs, tools, and content (collectively, the "Services"). Please read these Terms carefully before using our Services.
1. Acceptance of Terms
By accessing, browsing, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.
You represent and warrant that:
- You are at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater;
- You have the legal capacity to enter into a binding agreement;
- If you are using the Services on behalf of a business, organisation, or other legal entity, you have the authority to bind that entity to these Terms; and
- Your use of the Services complies with all applicable local, national, and international laws and regulations.
2. Description of Services
YouMonkey is a "Product Birth" platform designed to help founders, entrepreneurs, and businesses ideate, validate, and prepare software products for launch. The platform leverages artificial intelligence ("AI") to guide users through a structured product validation process and progressively generate product development artifacts.
Our Services include, but are not limited to:
- AI-assisted conversational product discovery and requirement gathering;
- Progressive artifact generation including market analysis, branding guidelines, colour palettes, user personas, monetisation models, technology architecture recommendations, wireframe screens, and website previews;
- Problem validation and ideal customer profile (ICP) persona generation;
- User journey mapping and product flow design;
- Subscription-based access to platform features at varying tiers;
- Meeting scheduling and consultation services for paid subscribers;
- Dashboard and project tracking tools;
- Product Birth summary with shareable links and PDF export;
- Enterprise development services for custom engagements; and
- Customer support via in-platform ticketing and helpdesk systems.
The specific features, tools, and capabilities available to you depend on your subscription tier, as described in Section 4 below. YouMonkey utilises artificial intelligence to assist in product ideation and planning. AI-generated outputs are provided for informational and planning purposes only and do not constitute professional business, legal, financial, or technical advice.
3. Account Registration and Security
To access the Services, you must create an account by authenticating via Google OAuth 2.0. By signing in through Google, you authorise us to access certain information from your Google account, including your name, email address, and profile picture, in accordance with our Privacy Policy. We do not store your Google password.
You agree to:
- Provide accurate, current, and complete information during the registration process;
- Maintain the security and confidentiality of your account credentials and the Google account used for authentication;
- Notify us immediately at hello@youmonkey.dev if you become aware of any unauthorised access to or use of your account;
- Not share your account or allow others to access the Services through your account;
- Accept sole responsibility for all activities that occur under your account; and
- Not create multiple accounts to circumvent platform limitations or restrictions.
Administrative access is restricted to authorised YouMonkey personnel and is not available to general users. We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms, are involved in fraudulent activity, or pose a security risk.
4. Subscription Plans and Billing
4.1 Subscription Tiers
YouMonkey offers the following subscription plans:
Free Plan — US$0/month
- Up to 2 Product Births
- Basic AI-generated artifacts
- Watermarked outputs ("Powered by YouMonkey")
- Standard support
- No meeting scheduling access
- Subject to additional limitations as described in Section 5
Go Plan — US$12 one-time
- Full blueprint for one idea (all reports + PDF export)
- Full branding customisation (no watermarks)
- Up to 10 wireframe screens per Product Birth
- Website preview generation
- Meeting scheduling access
- Priority support
Standard Plan — US$29/month
- 5 Product Births per month
- Higher message limits
- Everything in Go
- Full access to all platform features and integrations
- Meeting scheduling access
- Priority support
Feature availability within each tier is subject to change. We will provide reasonable notice of material changes to subscription features.
4.2 Billing and Payment
All paid subscriptions are processed through PayPal, Inc. ("PayPal"), our third-party payment processor. By subscribing to a paid tier, you agree to the following:
- All prices are stated in United States Dollars (USD) unless otherwise indicated at the point of purchase.
- Applicable taxes (including but not limited to VAT, GST, sales tax, and other indirect taxes) will be calculated and charged as required by the laws of your jurisdiction and added to the subscription price at checkout.
- You authorise PayPal to charge the payment method you provide for the applicable subscription fees.
- By providing your payment information, you agree to PayPal's User Agreement and Privacy Policy. YouMonkey does not store your full credit card numbers or sensitive payment credentials on its servers.
- You are responsible for all applicable taxes. We will collect and remit taxes where required by law (including EU/UK VAT, Australian GST, Singapore GST, and UAE VAT).
4.3 Auto-Renewal
The Standard subscription renews automatically at the end of each monthly billing cycle unless cancelled prior to the renewal date. You will be charged on the same calendar date each month (or the last day of the month if your original billing date does not exist in a given month). By subscribing to Standard, you expressly authorise recurring charges to your payment method at the then-current subscription rate until you cancel. The Go plan is a one-time purchase and does not auto-renew.
4.4 Price Changes
We reserve the right to modify subscription pricing at any time. We will provide at least thirty (30) days' advance notice of any price increase via email to the address associated with your account. Price changes will take effect at the start of the next billing cycle following the notice period. Your continued use of a paid subscription after the price change takes effect constitutes your acceptance of the new pricing. If you do not agree to the new pricing, you must cancel your subscription before the change takes effect.
4.5 Failed Payments
If a scheduled payment fails, we will attempt to process the charge up to three (3) additional times over a period of ten (10) business days (the "grace period"). During this grace period, your access to paid features may be restricted. If all retry attempts fail, your subscription will be suspended and your account will be downgraded to the Free tier. To restore your paid subscription, you must update your payment information and resubscribe. We are not responsible for any loss of data or access resulting from payment failures.
5. Free Tier Terms
The Free tier is provided as-is and does not require a credit card. No payment information is collected until you voluntarily upgrade to a paid Subscription Plan. The Free tier is subject to the following limitations and conditions:
- You are limited to a maximum of two (2) Product Births;
- All AI-generated outputs will include a YouMonkey watermark or branding ("Powered by YouMonkey");
- Access to advanced features, including but not limited to full branding customisation, wireframe generation beyond basic defaults, website previews, and meeting scheduling, is not available;
- There is no guaranteed uptime service level agreement (SLA) for Free tier users. We will make reasonable efforts to maintain platform availability but do not commit to any specific uptime percentage;
- We reserve the right to modify, limit, or discontinue Free tier features at any time with reasonable notice; and
- Free tier access may be subject to usage limits, rate limiting, or queuing during periods of high demand, with paid subscribers receiving priority.
6. Enterprise Services
YouMonkey offers enterprise development services (one-time payment, custom pricing) for custom software development, dedicated project management, and tailored product delivery engagements.
Enterprise engagements are governed by the following:
- Each enterprise engagement is subject to a separate Statement of Work ("SOW") that defines the scope, deliverables, timeline, payment schedule, milestones, and any additional terms specific to the engagement;
- In the event of any conflict between these Terms and the SOW, the SOW shall prevail with respect to the enterprise engagement;
- Delivery timelines for Enterprise Services are best-effort estimates as specified in the SOW, and may be affected by scope changes, third-party dependencies, or client responsiveness;
- Refund and cancellation terms for Enterprise Services are governed by the individual SOW;
- Enterprise services may include features, service levels, and support commitments not available under standard subscription plans; and
- Enterprise Services are available to users who have completed at least one Product Birth and hold an active paid subscription.
For enterprise inquiries, please contact us at hello@youmonkey.dev.
7. Cancellation Policy
7.1 How to Cancel
You may cancel your paid subscription at any time through one of the following methods:
- Through the account settings page on your YouMonkey dashboard; or
- Through the subscription management options accessible via your account settings or billing emails.
We do not impose cancellation fees, lock-in periods, or early termination charges.
7.2 Effect of Cancellation
- Cancellation takes effect at the end of your current billing period. You will not be charged for subsequent billing periods.
- You will retain full access to your subscription tier's features until the end of the billing period for which you have already been charged.
- No partial or prorated refunds will be issued for any unused portion of the current billing period.
- Upon expiration of your paid period, your account will automatically be downgraded to the Free tier.
- Cancellation does not entitle you to a refund for the current or any prior billing cycle, except as set forth in Section 8 or as required by applicable law.
7.3 Data Retention After Cancellation
Following cancellation and downgrade to the Free tier, your account data (including Product Birth artifacts, project information, and account details) will be retained for a period of ninety (90) days. After the 90-day retention period, your data will be permanently deleted and cannot be recovered. If you wish to export your data, you must do so before the end of the retention period. To request early deletion of your data, please contact us at hello@youmonkey.dev.
7.4 Resubscription
You may resubscribe to a paid tier at any time. If you resubscribe within the 90-day data retention period, your previous data may be restored, subject to availability and the limitations of your new subscription tier.
8. Refund Policy
8.1 General Policy
Subscription fees are generally non-refundable. Because YouMonkey provides immediate access to digital services and AI-generated content upon subscription, refunds are not issued for partial billing periods, unused features, or dissatisfaction with AI-generated outputs. However, the following exceptions apply:
- Duplicate Charges: If you are charged more than once for the same billing cycle, we will refund the duplicate charge in full.
- Service Unavailability: If the Services are materially unavailable for more than 72 consecutive hours due to a fault attributable to YouMonkey (excluding scheduled maintenance communicated in advance), you may request a pro-rata refund for the affected period.
- Billing Errors: If you are charged after successfully cancelling your subscription, the erroneous charge will be refunded in full.
8.2 European Union, United Kingdom, and European Economic Area Residents
Under the EU Consumer Rights Directive (Directive 2011/83/EU) as transposed into national law, and the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers in the European Union, United Kingdom, and European Economic Area are entitled to a fourteen (14) day cooling-off period from the date of purchase. During this period, you may cancel your subscription and receive a full refund, provided that you have not fully consumed or utilised the digital services. By commencing use of the Services (including generating any AI artifacts), you acknowledge that you may lose the right to cancel during the cooling-off period if you have expressly consented to the provision of digital content before the expiry of the withdrawal period and acknowledged that you thereby lose your right of withdrawal. Your statutory rights under the Consumer Rights Act 2015 (UK) are not affected by these Terms.
8.3 Australian Residents
Under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ("ACL"), consumers are entitled to remedies (including refunds) where services fail to meet consumer guarantees — for example, where services are not provided with due care and skill, are not fit for purpose, or are not delivered within a reasonable time. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the ACL that cannot be excluded, restricted, or modified by agreement. If the Services fail to meet a consumer guarantee under the ACL, you may be entitled to a remedy including a refund, replacement, or compensation for any reasonably foreseeable loss or damage.
8.4 New Zealand Residents
Under the Consumer Guarantees Act 1993 ("CGA"), consumers in New Zealand have statutory guarantees that services will be carried out with reasonable care and skill and will be fit for purpose. Where services fail to meet these guarantees, you may be entitled to a remedy including a refund. Where the Services are acquired for personal, domestic, or household use, your rights under the CGA are preserved and are not affected by any limitation or exclusion in these Terms.
8.5 Singapore Residents
Under the Consumer Protection (Fair Trading) Act (Cap. 52A) ("CPFTA"), consumers in Singapore are protected against unfair trade practices. Nothing in these Terms shall operate to exclude or restrict any rights or remedies available to you under the CPFTA in relation to unfair trade practices. The Lemon Law provisions under the Sale of Goods Act and CPFTA may apply to digital services where relevant. Refund requests will be handled in accordance with applicable Singapore consumer protection laws.
8.6 United Arab Emirates Residents
Under UAE Federal Law No. 15 of 2020 on Consumer Protection (as amended), consumers are entitled to remedies where services do not conform to their description or are materially defective. Nothing in these Terms shall operate to exclude or restrict any mandatory consumer protection rights afforded to you under applicable UAE federal and local legislation. Refund requests will be assessed in accordance with applicable UAE consumer protection legislation.
8.7 United States Residents
There is no federal cooling-off period for digital subscriptions under United States law. However, certain states may provide additional consumer protection rights. To the extent that any state-specific consumer protection law (including laws in California, New York, and other states) grants you rights that cannot be waived or limited by contract, those rights are preserved and are not affected by these Terms. Residents of states with specific digital goods refund laws may exercise rights as provided under those laws.
8.8 Enterprise Services Refunds
Refund terms for enterprise development services are governed by the individual Statement of Work applicable to each engagement. In the absence of specific refund provisions in the SOW, enterprise fees are non-refundable once work has commenced.
8.9 How to Request a Refund
To request a refund, please email hello@youmonkey.dev with the following information:
- Your full name and the email address associated with your YouMonkey account;
- The date of the transaction;
- Your PayPal receipt or payment confirmation number;
- The subscription tier or service for which you are requesting a refund; and
- The reason for your refund request.
Approved refunds will be processed within five (5) to ten (10) business days and credited to the original payment method used for the transaction. Refund processing times may vary depending on your financial institution.
9. AI-Generated Content
9.1 Nature of AI Outputs
The Services utilise artificial intelligence, including large language models and generative AI, to produce various artifacts and outputs, including but not limited to market analyses, branding guidelines, user personas, monetisation models, technology architecture recommendations, wireframes, and website previews (collectively, "AI Outputs" or "Artifacts"). You acknowledge and agree that:
- AI Outputs are generated by automated systems and are provided for informational, planning, and ideation purposes only;
- AI Outputs do not constitute professional legal, financial, business, accounting, tax, investment, or technical advice;
- We do not guarantee the accuracy, completeness, reliability, timeliness, commercial viability, market accuracy, or technical feasibility of any AI Output;
- You are solely responsible for independently verifying, evaluating, and validating all AI Outputs before relying on them for any business decision, product launch, or other purpose; and
- We disclaim all liability arising from your reliance on AI Outputs without independent professional advice.
9.2 Regeneration Limits
Each artifact within a Product Birth may be regenerated a maximum of two (2) times. This limit is in place to ensure fair usage of computational resources and applies across all subscription tiers. Additional regenerations beyond this limit are not available.
10. Intellectual Property
10.1 Platform Intellectual Property
All intellectual property rights in and to the Services, including but not limited to the platform software, user interface designs, algorithms, AI models, trade names, trademarks, logos, source code, documentation, and all related proprietary technology and materials, are and shall remain the exclusive property of YouMonkey and its licensors. These rights are protected by applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except for the limited licence to use the Services as expressly permitted herein.
10.2 User Input Data
You retain all rights, title, and interest in and to the data, content, ideas, concepts, and information you provide to the Services as input ("User Content"). By submitting User Content, you grant YouMonkey a limited, non-exclusive, worldwide, royalty-free licence to use, process, and store your User Content solely for the purpose of providing, maintaining, and improving the Services.
10.3 AI-Generated Artifacts
Subject to your compliance with these Terms and your subscription status:
- Paid Subscribers (Go and Standard Tiers): You are granted a non-exclusive, worldwide, royalty-free, perpetual licence to use, modify, reproduce, and distribute the AI Outputs generated through your account for your own personal or business purposes. This licence is contingent upon your account being in good standing at the time of generation.
- Free Tier Users: AI Outputs generated under the Free tier include a YouMonkey watermark or branding. You are granted a non-exclusive, limited licence to use Free tier AI Outputs for personal, non-commercial evaluation purposes only. You may not remove, alter, or obscure the YouMonkey watermark or branding from Free tier outputs. Removal of watermarks requires an active paid subscription.
10.4 Aggregated and Anonymised Data
YouMonkey may collect, use, and disclose aggregated and anonymised data derived from your use of the Services for the purposes of platform improvement, analytics, research, development, and marketing (such as showcasing anonymised examples of work for portfolio purposes). Such aggregated data will not identify you or any individual user and is not subject to the restrictions on User Content. You may opt out of portfolio use of your data by notifying us in writing at hello@youmonkey.dev.
11. User Responsibilities
You agree to the following responsibilities when using the Services:
- Provide accurate, truthful, and complete information in your account profile, Product Birth inputs, and all interactions with the platform;
- Keep your account credentials and associated Google account secure and confidential;
- Use the Services only for lawful purposes and in compliance with all applicable local, national, and international laws and regulations;
- Not attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of the platform;
- Not use automated scripts, bots, crawlers, scrapers, or other automated means to access, extract data from, or interact with the Services without our prior written consent;
- Not interfere with, disrupt, or impose an unreasonable burden on the Services, servers, or networks connected to the platform;
- Not resell, sublicence, or commercially redistribute the Services or AI Outputs without our prior written authorisation;
- Not share account credentials with third parties;
- Respond in a timely manner to communications related to your engagements, particularly for paid consultation and enterprise services; and
- Report any bugs, vulnerabilities, or security issues to hello@youmonkey.dev promptly upon discovery.
12. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Violating any applicable local, national, or international law, regulation, or ordinance, including export control and data protection laws;
- Uploading, transmitting, or distributing any content that is unlawful, defamatory, obscene, threatening, harassing, fraudulent, or otherwise objectionable;
- Uploading malicious code, viruses, trojans, worms, or any other harmful software or files;
- Infringing upon the intellectual property rights, privacy rights, or other proprietary rights of any third party;
- Attempting unauthorised access to the platform, other user accounts, computer systems, or networks connected to the Services;
- Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;
- Using the Services to generate content that promotes illegal activities, hate speech, violence, discrimination, or exploitation;
- Manipulating or attempting to manipulate AI models, prompts, or system instructions to bypass platform safeguards or generate harmful outputs;
- Creating multiple accounts to circumvent Free tier limitations, usage restrictions, or account suspensions;
- Using the Services for competitive intelligence gathering or to develop a competing product or service;
- Circumventing any technical measures or usage restrictions imposed by the platform;
- Engaging in any activity that disrupts, degrades, or impairs the functionality or performance of the Services for other users; and
- Assisting, encouraging, or enabling any other person to engage in any of the foregoing prohibited activities.
Violation of this Section 12 may result in immediate suspension or termination of your account, forfeiture of any unused subscription benefits, and legal action where appropriate.
13. Third-Party Services
The Services integrate with and rely upon certain third-party services to function. By using the Services, you acknowledge and agree that your data may be processed by the following third-party providers:
- PayPal: For payment processing, subscription management, and billing. Your payment information is handled directly by PayPal in accordance with their Privacy Policy and Terms of Service. YouMonkey does not store your full credit card numbers or sensitive payment credentials.
- Google: For user authentication via Google OAuth. Your use of Google sign-in is subject to Google's Terms of Service and Privacy Policy.
- OpenAI: For AI-powered content generation and artifact creation. User inputs processed through OpenAI's APIs are subject to OpenAI's Terms of Use and data handling practices.
We are not responsible for the practices, policies, or content of any third-party services. Your interactions with third-party services are governed by their respective terms and policies, and you assume all risks associated with such use.
14. Data Protection and Privacy
Your privacy is important to us. Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the data practices described in our Privacy Policy.
We comply with applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the UK General Data Protection Regulation ("UK GDPR"), the Australian Privacy Act 1988, the New Zealand Privacy Act 2020, the Singapore Personal Data Protection Act 2012 ("PDPA"), the UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data, and applicable United States federal and state data protection laws.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- YOUMONKEY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF YOUMONKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- YOUMONKEY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO YOUMONKEY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS (US$100), WHICHEVER IS GREATER.
The foregoing limitations shall apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the limitations set forth above shall apply to the fullest extent permitted by applicable law.
Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law, including under the Australian Consumer Law, the New Zealand Consumer Guarantees Act 1993, the Singapore Consumer Protection (Fair Trading) Act, UAE consumer protection legislation, or mandatory EU/UK consumer protection laws.
16. Indemnification
You agree to indemnify, defend, and hold harmless YouMonkey, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
- Your use of or access to the Services;
- Your User Content or any content you submit, post, or transmit through the Services;
- Your violation of these Terms or any applicable law or regulation;
- Your infringement of any intellectual property or other rights of any third party;
- Any dispute between you and a third party arising from your use of the Services; and
- Any negligent or wrongful act or omission by you in connection with the Services.
This indemnification obligation shall survive the termination of your account and these Terms. Where applicable law restricts or prohibits indemnification obligations, this Section 16 shall apply to the maximum extent permitted.
17. Dispute Resolution
17.1 Informal Resolution
Before initiating any formal dispute resolution proceedings, you agree to first contact us at hello@youmonkey.dev and attempt to resolve the dispute informally. We will endeavour to resolve your concern within thirty (30) days of receiving your written notice of the dispute. If the dispute is not resolved within this 30-day period, either party may proceed with the formal dispute resolution mechanisms described below.
17.2 Arbitration (United States)
For users located in the United States, any dispute, controversy, or claim arising out of or relating to these Terms or the Services that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, unless you opt out within 30 days of first agreeing to these Terms. The arbitration shall be conducted in the English language, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may bring a claim in small claims court if the claim qualifies.
17.3 European Union, United Kingdom, and European Economic Area
If you are a consumer resident in the EU, UK, or EEA, you have the right to bring claims in the courts of your member state of habitual residence in accordance with Regulation (EU) No. 1215/2012 (Brussels I Regulation Recast) and equivalent UK legislation. Nothing in these Terms shall be construed to deprive you of this right. You may also make use of the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.
17.4 Australia and New Zealand
If you are a consumer resident in Australia or New Zealand, nothing in these Terms excludes your right to bring claims under the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993 in the courts of your jurisdiction. Any mandatory statutory rights are preserved.
17.5 United Arab Emirates
For users located in the United Arab Emirates, disputes that cannot be resolved informally shall be referred to arbitration under the rules of the Dubai International Financial Centre – London Court of International Arbitration (DIFC-LCIA), or to the competent courts of the Dubai International Financial Centre, as applicable.
17.6 Singapore
For users located in Singapore, disputes that cannot be resolved informally shall be settled by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with its rules. The arbitration shall be conducted in the English language, and the arbitrator's decision shall be final and binding. Notwithstanding the foregoing, either party may bring a claim in the courts of Singapore if the claim qualifies for small claims proceedings.
17.7 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL. This class action waiver does not apply in jurisdictions where such waivers are prohibited by law, including in the European Union, United Kingdom, Australia, and New Zealand.
18. Governing Law and Jurisdiction
The governing law and jurisdiction applicable to these Terms depend on your place of residence:
- United States: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions. The exclusive jurisdiction for any disputes not subject to arbitration shall be the state and federal courts located in Delaware.
- United Kingdom: These Terms shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction, subject to your right as a consumer to bring proceedings in the courts of your domicile.
- European Union / European Economic Area: These Terms shall be governed by the laws of the EU member state of your habitual residence. Mandatory consumer protection provisions of your country of residence shall apply. You may bring proceedings in the courts of your member state of habitual residence. You may also use the EU Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.
- Australia: These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. The courts of New South Wales shall have non-exclusive jurisdiction, subject to any rights you may have under the Australian Consumer Law.
- New Zealand: These Terms shall be governed by and construed in accordance with the laws of New Zealand. The courts of New Zealand shall have non-exclusive jurisdiction, subject to any rights you may have under the Consumer Guarantees Act 1993.
- United Arab Emirates: These Terms shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC) and applicable federal laws of the UAE. The courts of the DIFC shall have non-exclusive jurisdiction over any disputes arising under these Terms.
- Singapore: These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. The courts of Singapore shall have non-exclusive jurisdiction, subject to any mandatory consumer protection rights under the CPFTA.
For users located in jurisdictions not specifically listed above, these Terms shall be governed by the laws of the State of Delaware, United States, unless mandatory consumer protection laws of your jurisdiction provide otherwise. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in any court of competent jurisdiction.
19. Force Majeure
YouMonkey shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, riots, civil unrest, government actions or orders, embargoes, sanctions, labour disputes, strikes, fire, flood, earthquake, power outages, internet or telecommunications failures, cyberattacks, failures of third-party service providers, or any other event or circumstance that is unforeseeable or beyond our reasonable control (each, a "Force Majeure Event"). In the event of a Force Majeure Event, our obligations shall be suspended for the duration of the event, and the time for performance shall be extended accordingly.
20. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity, illegality, or unenforceability of such provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall remain in full force and effect. The invalid or unenforceable provision shall be reformed to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties to the greatest extent possible.
21. Entire Agreement
These Terms, together with our Privacy Policy and any applicable Statement of Work for enterprise engagements, constitute the entire agreement between you and YouMonkey with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, representations, understandings, and agreements, whether oral or written, between you and YouMonkey regarding the Services. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
22. Changes to These Terms
We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. When we make material changes to these Terms, we will:
- Provide at least thirty (30) days' advance notice before the changes take effect;
- Notify you via email to the address associated with your account and/or through a prominent notice on the platform;
- Update the "Last Updated" date at the top of these Terms; and
- Make the revised Terms available at https://youmonkey.dev/terms.
Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree with the revised Terms, you must stop using the Services and cancel your subscription before the changes take effect. For EU, UK, and EEA consumers, material changes that adversely affect your rights will require your affirmative consent where required by applicable law.
23. Contact Information
If you have any questions, concerns, or complaints about these Terms or the Services, please contact us:
We will endeavour to respond to all inquiries within a reasonable timeframe, typically within five (5) business days.
By using YouMonkey, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use the Services.