General Terms of Use

Updated: 29/02/2024

​​1. Introduction

Welcome to Media Monk, a product developed, owned and maintained by SYSTEMRY GLOBAL TECH (OPC) PRIVATE LIMITED (“SYSTEMRY”, “we”, “our”, “us”, “biller”). These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://mediamonk.ai/ and https://app.mediamonk.ai operated by SYSTEMRY (hereinafter referred to as “Service”).

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://mediamonk.ai/privacy-policy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

If you (“User”) do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at hello@mediamonk.ai so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.

Thank you for being responsible. ‍

2.  Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at. ‍

3.  Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. ‍

4.  Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply. ‍

5.  Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or the biller cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the Media Monk customer support team.

A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide the biller with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize the biller to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, SYSTEMRY will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. ‍

6.  Free Trial

SYSTEMRY, at its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”).

You will not be asked to enter your credit card or billing information at the time of signing up for any Free Trial. This policy is subject to change at the sole discretion of SYSTEMRY without any notice. ‍

7.  Fee Changes

Media Monk, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Media Monk will provide you with reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. ‍

8.  Refunds

Please refer to our Refund Policy

9.  Fair Use Policy

To provide a reliable and high quality service, Media Monk has a Fair Use Policy (“FUP”) in place to establish an equitable balance in across Services for all users. The purpose of this FUP is to prevent excessive use that may unreasonably impact the availability of the Service for other users. The FUP applies to this Agreement in respect of the Service provided by Media Monk and to the number and nature of content generated by Media Monk’s Services. Whilst Media Monk undertakes to generate a generous amount of content on behalf of all its Users, if an unreasonably large amount of content is detected to be generated for an individual User, or that automated behaviour is detected, this Fair Usage policy will apply. Our Fair Usage for any Service with unlimited usage is based on the regular usage of 1 User, determined to be 200 content pieces in a month.

Furthermore, any changes to Fair Usage can be determined by Media Monk at its sole discretion and may be calculated from the number of generations made by a user and compared against other users, or otherwise by the experience of Media Monk in dealing with the User’s requirements and the conduct of their account. If we in our sole opinion decide that your usage does not reflect the Service being subscribed to, your generation limit may be restricted until your next subscription cycle. For any unreasonably high usage or sharing of login details outside of the original User with the Subscription, Media Monk reserves the right to block or permanently delete your account without any notice. No claim of any sort in this regard will be accepted and no refunds will be issued. By using our Service, you commit us that any of your claims/disputes in this regard raised by you or by your bank will be automatically rejected. ‍

10. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By submitting and generating Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any of your rights to any Content you submit, generate, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. Notwithstanding anything to the contrary, we shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Content and data derived therefrom), and you will be free (during and after the term hereof) to:

(i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and

(ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.

Media Monk makes every effort to keep our AI model and other content on our application as up-to-date and accurate as possible. However, we disclaim any warranty or representation, expressed or implied, about our service’s accuracy, completeness or appropriateness for the user’s purposes. Generated content must be reviewed and edited by you or a representative of your team. Media Monk has the right to remove, monitor and edit user content but will not be held liable for any incomplete or inaccurate content produced through our service.

By using this application, you assume full responsibility for the generated Content and agree that neither Media Monk nor its employees are responsible or liable for any claim, loss or costs from its use. Media Monk has the right, though is not obliged, to choose what Content is appropriate and by the Prohibited Uses detailed in the section “Prohibited Uses”, as well as reserves the right to limit or revoke your use of the Service if found to be inappropriate by the Prohibited Uses. ‍

11. Prohibited Uses

You may use the Service only for lawful purposes and by Terms. You agree not to use the Service in the following ways:

1. Lawfulness: In any way that violates any applicable national or international law including but not limited to gambling, development of weapons and warfare, cybercrime and surveillance without prior permission.
2. Minors: To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
3. Hate and harassment: To produce content that promotes or glorifies hate to a targeted group, such as based on race, religion, sexual orientation or ethnic origin; content that harasses, threatens, or bullies an individual.
4. Violence: To produce content that promotes or glorifies violence or celebrates the suffering or humiliation of others
5. Self-harm: To produce self-harm content, including suicide, cutting, and eating disorders.
6. Adult content: To produce content meant to arouse sexual excitement or that promotes sexual services. However, this does not include sex education or wellness content.
7. Political: To produce content that attempts to influence the political process or that is used for campaigning purposes.
8. Deception: To produce content that is false or misleading, such as to defraud individuals or spread disinformation.
9. Malware: To produce content designed to damage or interfere with the proper functioning of any software, hardware, or telecommunications equipment belonging to someone else, as well as trying to access someone else’s data without permission.
10. Spam: To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation. ‍ (k) Business models that may be prone to abuse by ‘bad actors’: To produce content that facilitates payday lending or multi-level marketing. pseudo-pharmaceuticals,
11. Impersonation: To impersonate or attempt to impersonate a Company, a Company employee, another user, or any other person or entity.
12. Rights infringement: In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
13. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the Company or users of Service or expose them to liability.

Additionally, you agree not to:

1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of Service.
5. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
8. Take any action that may damage or falsify the Company’s rating.
9. Otherwise, attempt to interfere with the proper working of Service. ‍

12. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

13. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service. ‍

14. Accounts

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. ‍

15. Intellectual Property

Service, features and functionality are and will remain the exclusive property of SYSTEMRY and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SYSTEMRY.‍

16. Error Reporting and Feedback

You may provide us either directly at hello@mediamonk.ai or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:

1. you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
2. The company may have development ideas similar to the Feedback;
3. Feedback does not contain confidential information or proprietary information from you or any third party; and
4. The company is not under any obligation of confidentiality concerning the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose. ‍

17. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by SYSTEMRY.

SYSTEMRY has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT SYSTEMRY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT. ‍

18. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ‍

19. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ‍

20. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. ‍

21. Governing Law

These Terms shall be governed and construed by the laws of India without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service. ‍

22. Changes To the Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users. ‍

23. Amendments To Terms

We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service. ‍

24. Waiver And Severability

No waiver by the Company of any term or condition outlined in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect. ‍

25. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM. ‍

26. Contact Us

Please send your feedback, comments, and requests for technical support:
By email: hello@mediamonk.ai.