Humans Monster Terms and Conditions

Humans Monster Terms and Conditions

Effective date: August 17, 2021

1. Acceptance of Terms and Agreement

Welcome to **Humans Monster**! These Terms and Conditions are a binding contract between you (the individual employee or administrator using the system) and **Humans Monster Inc.** (“we”, “us”, “our”). These terms govern your access to and use of our HR management system. If you have any questions, comments, or concerns regarding these Terms, please contact us at hello@humans.monster.

**By accessing or using Humans Monster, you agree to comply with these terms.** If you do not agree with any part of these terms, you may not access or use our services. These Terms include everything in this document, as well as the provisions outlined in our **Privacy Policy** and **Cookies Policy**.

If you are agreeing to these Terms on behalf of an organization (your employer), you represent that you are authorized to bind that organization to these Terms.

2. Use of Services and Account Management

Humans Monster provides HR management tools exclusively for the use of businesses and their employees. You agree to use our services only for **lawful, employment-related purposes** and in compliance with all applicable laws and the policies of your employer.

A. Account Responsibility

You are responsible for maintaining the **confidentiality of your account and password** and for restricting access to your account. You agree that you will only use Humans Monster as authorized by your employer and may not transfer your account to anyone else without prior written permission.

B. Data Accuracy

You promise to provide us with **accurate, complete, and up-to-date registration and employment information** about yourself and to promptly update this information in the system as necessary.

3. User Content and Records

Any original data, documents, records, or personal information you enter, upload, or store in the Humans Monster system is referred to as **“User Content”** or **“Records.”**

A. Employer Access and Ownership

You acknowledge that all User Content/Records related to your employment are ultimately the property of your employer (the Data Controller). Your employer, and its authorized administrators and managers, will have **access to all such content**, as governed by their policies and applicable law.

B. Limited License to Humans Monster (Data Processing)

In order to operate the Humans Monster system and provide services, you grant us a worldwide, non-exclusive, royalty-free, limited license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content. **This license is limited solely to the purpose of fulfilling our contractual obligations to your employer** (i.e., processing the data to run the HRIS platform).

4. Prohibited Activities

You agree that you will not use Humans Monster for any unlawful purpose or engage in any activity that violates these terms. Prohibited activities include, but are not limited to:

  • **Violating any laws or regulations,** including labor laws or privacy laws.
  • **Impersonating any person or entity** (e.g., a manager or HR administrator).
  • Uploading, submitting, or storing content that is fraudulent, threatening, abusive, libelous, or otherwise objectionable.
  • **Uploading viruses, malware, or other malicious code** or files.
  • Interfering with or disrupting the operation, security, or integrity of Humans Monster or the data of other users.
  • Running any form of auto-responder or "spam," or placing an unreasonable load on Humans Monster’s infrastructure.
  • Attempting to obtain the password, account, or security information of any other user.
  • Decompiling, reverse engineering, or otherwise attempting to obtain the source code of Humans Monster.

5. Intellectual Property

All content, features, and functionality provided through Humans Monster (excluding User Content/Records) are the property of Humans Monster Inc. or its licensors and are protected by intellectual property laws.

You may not modify, reproduce, distribute, or create derivative works based on our platform's content, features, or functionality without our prior written consent. These Terms do not grant you any right, title, or interest in Humans Monster’s intellectual property.

6. Service Relationship (Humans Monster as Data Processor)

Humans Monster provides the HRIS platform to your organization (the Customer) under a separate agreement. **Your organization is the Data Controller** (responsible for deciding how and why your data is processed), and Humans Monster is the **Data Processor** (processing the data on behalf of your organization).

Any access, modification, or deletion of your Records within the Humans Monster system must be authorized by your employer, who is responsible for directing all such data management actions.

7. Limitation of Liability and No Warranties

A. Limitation of Liability

To the fullest extent allowed by applicable law, in no event shall Humans Monster, its licensors, or its suppliers be liable to you or to any other person for any indirect, incidental, special, or consequential damages (including, but not limited to, damages for loss of profits, data, or goodwill) arising out of or in any way connected with your use of our services. Our maximum liability shall not exceed the greater of (1) $100 or (2) the amounts paid and/or payable by your employer to us in connection with Humans Monster in the twelve-month period preceding the applicable claim.

B. No Warranties

Humans Monster is provided to you on an **“as-is” and “as-available”** basis. This means we provide it to you without any express or implied warranties of any kind. This includes implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Humans Monster will be uninterrupted or error-free.

8. Indemnification

You agree to **indemnify and hold harmless Humans Monster** and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising out of or in any way connected with your use of Humans Monster or your violation of these Terms.

9. Termination

We may **terminate or suspend your access to Humans Monster** at any time, with or without cause, and without prior notice or liability, particularly if requested by your employer or if you violate these Terms. Upon termination, your right to use our services will cease immediately.

10. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of the **State of California**, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms shall be finally settled by arbitration in San Francisco County, California.

To the fullest extent permitted by law, you and Humans Monster Inc. agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding.

11. Changes to Terms

We may revise these Terms and Conditions at any time without prior notice. We will notify you of any material changes by posting the updated terms on this page. **By continuing to access or use Humans Monster after any revisions become effective, you agree to be bound by the revised terms.** If you do not agree to the new terms, you must stop using our services.

12. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us:

By Email: hello@humans.monster

By Mail: Humans Monster Inc. (Address not provided)