MONARK OS Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of MONARK OS, including our software platform, websites, applications, dashboards, features, communication tools, billing tools, support channels, and related services.

These Terms are entered into by and between Monark LLC ("Monark," "MONARK OS," "Company," "we," "us," or "our") and the church, organization, or authorized representative using MONARK OS ("Customer," "Church," "you," or "your").

By creating an account, signing up, subscribing, accessing, or using MONARK OS, you confirm that:

• You have read and understood these Terms.
• You agree to be bound by these Terms.
• You are at least 18 years old.
• You are authorized to act on behalf of the church or organization you represent.
• The information you provide to Monark is accurate and complete.

If you do not agree to these Terms, do not create an account or use MONARK OS.

2. Relationship to Other Policies

These Terms incorporate by reference our Privacy Policy and any other written agreement between you and Monark that applies to your use of MONARK OS.

If you participate in a beta program, your beta participation may also be governed by a separate Beta Program Agreement. The Beta Program Agreement controls only for beta-specific terms.

3. About MONARK OS

MONARK OS is a church operating system designed to help churches manage people, attendance, follow-ups, communications, giving, administration, reports, staff access, and related ministry operations.

MONARK OS is a technology platform. Monark provides software tools and related services. Monark does not manage your church, operate your ministry, provide legal advice, provide tax advice, provide accounting advice, or guarantee ministry results.

4. Account Eligibility

MONARK OS is intended for churches and authorized church staff or representatives.

You may create or use an account only if you:

• Are at least 18 years old.
• Are authorized by the church or organization to create or manage the account.
• Provide accurate and complete account information.
• Use MONARK OS only for lawful church, ministry, administrative, operational, or related purposes.

You may not use MONARK OS if you are prohibited from doing so under applicable law or if Monark has previously suspended or terminated your account.

5. Account Ownership

The MONARK OS account belongs to the legal church entity, organization, or authorized senior leader/organization owner associated with the account.

If there is a dispute over account ownership, Monark may request documentation to determine the rightful account owner. Documentation may include proof of payment, church registration documents, leadership authorization, written board approval, court order, or other evidence Monark considers relevant.

Monark may suspend account access until an account ownership dispute is resolved. Monark is not required to act as a court, mediator, or judge in ownership disputes.

6. Account Security

You are responsible for maintaining the confidentiality of your login credentials.

You are responsible for all activity that occurs under your account, including activity by staff, administrators, volunteers, or other users you invite.

You agree to:

• Use strong passwords.
• Limit access to authorized users only.
• Assign appropriate roles and permissions.
• Remove users who should no longer have access.
• Notify Monark immediately of unauthorized access or suspected security issues.

Monark is not responsible for losses caused by your failure to secure your account or manage user access properly.

7. Subscription Plans and Pricing

MONARK OS may offer different subscription plans, billing options, features, limits, add-ons, and usage-based charges.

Pricing is shown on our pricing page, checkout page, subscription page, order form, invoice, or other written agreement with Monark.

We may change pricing, plan names, features, limits, or included services from time to time. Pricing changes will apply as described at the time of purchase, renewal, upgrade, downgrade, or as otherwise communicated by Monark.

Unless otherwise stated in writing, prices do not include taxes, payment processing fees, SMS fees, phone number fees, or other third-party charges.

8. Billing and Payment

MONARK OS subscriptions may be billed monthly or annually.

By subscribing to MONARK OS, you authorize Monark and its payment processor to charge your payment method for:

• Subscription fees.
• Usage-based fees.
• SMS credits or overages.
• Phone number fees.
• Add-ons.
• Taxes, if applicable.
• Any other fees you authorize.

Payments are processed through Stripe or another payment processor. Monark does not store full credit card numbers.

You agree to keep your payment method and billing information accurate and up to date.

9. Auto-Renewal

Subscriptions automatically renew unless canceled before the renewal date.

By subscribing, you authorize Monark to charge your payment method automatically on a recurring basis until you cancel.

Renewal may occur monthly, annually, or according to the billing term you selected.

10. Failed Payments and Nonpayment

If payment fails, Monark may attempt to charge your payment method again.

If payment remains unpaid, Monark may suspend, restrict, or terminate your account.

You remain responsible for all fees incurred before cancellation, suspension, or termination.

11. No Refunds

All fees are non-refundable except where required by law or expressly agreed in writing by Monark.

This includes subscription fees, SMS fees, phone number fees, usage fees, add-ons, annual payments, and any other fees charged through MONARK OS.

Monark may choose to issue a refund, credit, or adjustment at its sole discretion, but is not required to do so.

12. Cancellation

You may cancel your subscription through your account, by contacting support, or by following the cancellation process made available by Monark.

If you cancel, you may continue to access MONARK OS until the end of your current paid billing period, unless your account is suspended or terminated for violation of these Terms.

Canceling your subscription does not entitle you to a refund for unused time.

You are responsible for canceling before your next renewal date if you do not want to be charged again.

13. SMS, Email, and Communication Features

MONARK OS may include SMS, email, notification, announcement, and other communication features.

SMS services may be powered by Twilio or other providers. Email services may be powered by Resend or other providers.

You are solely responsible for all messages sent through your account, including the content, timing, recipients, consent, and legal compliance of those messages.

You agree that:

• You will obtain all required consent before sending SMS, email, or other communications.
• You will not send spam, unlawful marketing, deceptive messages, or abusive communications.
• You will honor opt-out requests.
• You will comply with applicable communication laws, carrier rules, and provider requirements.
• You will maintain accurate consent records where required.
• You are responsible for messages sent by your staff or users.

Monark provides communication tools only. Monark is not the sender, advertiser, telemarketer, or initiator of your church communications.

14. SMS Credits, Phone Numbers, and Carrier Rules

Certain communication features may require SMS credits, phone numbers, carrier registration, verification, or usage-based fees.

You are responsible for all SMS usage, overages, phone number fees, carrier fees, and related communication charges associated with your account.

Phone numbers may be suspended, restricted, released, or removed if:

• You cancel your account.
• You fail to pay required fees.
• You violate these Terms.
• A carrier, provider, or regulator requires action.
• Monark determines continued use creates legal, security, carrier, or reputational risk.

Monark does not guarantee that any phone number will remain available permanently.

15. Giving and Donations

MONARK OS may include giving, donation, pledge, fund, recurring giving, giving statement, or financial record features.

Payment processing may be handled by Stripe or another payment processor.

You are responsible for:

• Donation records.
• Tax treatment.
• Giving statements.
• Refunds.
• Chargebacks.
• Donor communications.
• Legal and financial compliance.
• Accuracy of donation and fund information.
• Compliance with nonprofit, charitable, tax, and financial rules.

Monark is not a bank, accountant, tax advisor, attorney, financial advisor, or donation compliance advisor.

Any financial or giving tools inside MONARK OS are provided for operational convenience only.

16. Church Data

You retain ownership of the data you submit, upload, import, or manage inside MONARK OS.

Church data may include member data, visitor data, donor data, children's data, attendance data, giving data, communication data, ministry data, staff data, documents, notes, and related records.

You grant Monark permission to process, store, transmit, display, access, and use your data as reasonably necessary to provide, support, secure, maintain, and improve MONARK OS.

You are responsible for ensuring that you have the right, permission, consent, and authority to enter, upload, import, or process data through MONARK OS.

17. Privacy and Data Protection

Your use of MONARK OS is also governed by our Privacy Policy.

You are responsible for your own privacy practices and privacy notices to your members, visitors, donors, parents, guardians, children, staff, volunteers, and other contacts.

You are responsible for responding to privacy requests from individuals whose information you manage inside MONARK OS, including requests to access, correct, delete, or export their information.

If Monark receives a privacy request related to data controlled by your church, Monark may direct the requester to contact you.

18. Data Retention After Cancellation

After cancellation or termination, Monark may retain account data for up to 90 days, unless a longer retention period is required or permitted for legal, billing, security, backup, fraud prevention, or compliance purposes.

During this period, you may request a data export by contacting support@monarkos.com.

After the 90-day period, Monark may delete account data from active systems. Deletion may be irreversible.

Data may remain in backups, logs, or archives for a limited period according to Monark's normal retention practices.

19. Third-Party Services

MONARK OS may integrate with or rely on third-party services, including payment processors, SMS providers, email providers, hosting providers, storage providers, analytics providers, automation tools, security tools, and other vendors.

Third-party services are governed by their own terms and privacy policies.

Monark is not responsible for third-party services, including their outages, errors, data handling, pricing, policy changes, or service availability.

Your use of third-party services may require you to accept additional terms.

20. Platform Updates and Changes

Monark may update, modify, improve, limit, suspend, remove, replace, or discontinue any part of MONARK OS at any time.

Your use of MONARK OS is not dependent on Monark delivering any specific future feature, roadmap item, integration, design, or functionality.

Features may vary by plan, account, subscription, beta status, or rollout stage.

21. Artificial Intelligence Features

MONARK OS may include artificial intelligence features in the future.

If AI features are made available, you are responsible for reviewing, verifying, and approving any AI-generated content before using, publishing, sending, or relying on it.

AI output may be incomplete, inaccurate, outdated, or inappropriate.

AI features do not provide legal, tax, medical, financial, pastoral, counseling, or professional advice.

You agree not to use AI features for unlawful, harmful, discriminatory, deceptive, abusive, or high-risk purposes.

22. Intellectual Property

MONARK OS, including its software, design, interface, branding, logos, code, features, workflows, documentation, and related materials, is owned by Monark or its licensors.

These Terms do not transfer ownership of MONARK OS to you.

Monark grants you a limited, non-exclusive, non-transferable, revocable license to access and use MONARK OS during your active subscription and in accordance with these Terms.

You may not:

• Copy, resell, sublicense, or redistribute MONARK OS.
• Reverse engineer or attempt to access source code.
• Modify or create derivative works from MONARK OS.
• Remove branding, notices, or proprietary labels.
• Use MONARK OS to build a competing product.
• Misrepresent MONARK OS as your own software.

23. Customer Content

You are responsible for all content, data, files, documents, messages, text, images, records, and materials you upload, submit, send, or store through MONARK OS.

You represent that you have the rights and permissions needed to use that content in MONARK OS.

You agree not to upload or send content that is unlawful, infringing, abusive, harmful, deceptive, malicious, or violates another person's rights.

24. Feedback

If you provide feedback, suggestions, ideas, requests, or recommendations about MONARK OS, you grant Monark the right to use that feedback without restriction, payment, royalty, or obligation.

Monark may use feedback to improve existing features, create new features, modify services, develop products, adjust pricing, improve support, or for any other business purpose.

25. Prohibited Uses

You agree not to use MONARK OS for any prohibited use described in Exhibit A - Code of Conduct, or for any unlawful, harmful, abusive, deceptive, or unauthorized purpose.

Violation of the Code of Conduct may result in suspension or termination of your account.

26. Suspension and Termination by Monark

Monark may suspend, restrict, or terminate your access to MONARK OS if Monark believes that:

• You failed to pay required fees.
• You violated these Terms.
• You created a security risk.
• You used the Platform unlawfully.
• You misused communication features.
• You abused support channels.
• Your account activity may harm Monark, users, third-party providers, carriers, or the Platform.
• Your use creates legal, privacy, security, operational, or reputational risk.

Monark may take action with or without prior notice where necessary to protect the Platform, users, data, third-party providers, or Monark.

27. Disclaimers

MONARK OS is provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, Monark disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, uninterrupted operation, or error-free performance.

Monark does not guarantee that:

• MONARK OS will meet all of your requirements.
• MONARK OS will be uninterrupted or error-free.
• All bugs will be fixed.
• All data will always be available.
• All third-party services will remain available.
• Any specific result will occur from using MONARK OS.

You use MONARK OS at your own risk.

28. Limitation of Liability

To the maximum extent permitted by law, Monark will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of goodwill, loss of data, business interruption, ministry disruption, reputational harm, or cost of substitute services.

Monark's total liability for any claim related to MONARK OS or these Terms will not exceed the amount you paid to Monark during the three months before the event giving rise to the claim.

If you have not paid Monark any fees, Monark's total liability will be limited to $100.

29. Indemnification

You agree to defend, indemnify, and hold harmless Monark LLC, its owners, officers, employees, contractors, service providers, and affiliates from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorney fees, arising from or related to:

• Your use of MONARK OS.
• Your violation of these Terms.
• Your content or data.
• Your communications sent through the Platform.
• Your failure to obtain proper consent.
• Your violation of privacy, communication, tax, donation, nonprofit, or other laws.
• Your misuse of third-party services.
• Disputes between you and your members, visitors, donors, staff, volunteers, or other contacts.
• Unauthorized access caused by your failure to manage account security.
• Any data you upload, import, or process through MONARK OS.

30. Force Majeure

Monark will not be liable for delay or failure to perform caused by events beyond our reasonable control, including natural disasters, internet outages, hosting failures, third-party service disruptions, labor disputes, war, terrorism, civil unrest, government action, power failures, cyberattacks, or other events outside our control.

31. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

32. Arbitration and Class Action Waiver

Please read this section carefully.

You and Monark agree that any dispute, claim, or controversy arising out of or relating to these Terms, MONARK OS, billing, account access, or your relationship with Monark will be resolved through binding individual arbitration, except where prohibited by law.

The arbitration will be conducted by the American Arbitration Association or another mutually agreed arbitration provider under its applicable rules.

The arbitration will take place in Florida, by video conference, or in another location agreed by the Parties.

You and Monark agree that disputes will be resolved only on an individual basis. You may not bring a claim as a plaintiff or class member in a class action, collective action, consolidated action, or representative proceeding.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual claim.

Nothing in this section prevents either Party from seeking injunctive or equitable relief in court for unauthorized use, intellectual property misuse, security threats, or misuse of confidential information.

33. Limitation on Time to Bring Claims

To the maximum extent permitted by law, any claim arising out of or related to these Terms or MONARK OS must be brought within one year after the event giving rise to the claim.

If not brought within that time, the claim is permanently barred.

34. Notices

Notices to Monark must be sent by email to: support@monarkos.com

We may send notices to you through the email address associated with your account, through the Platform, or through another reasonable method.

You are responsible for keeping your contact information current.

35. Changes to These Terms

Monark may update these Terms from time to time.

When we update the Terms, we will revise the "Last Updated" date above.

If changes are material, we may provide notice through the Platform, by email, or by another reasonable method.

Your continued use of MONARK OS after updated Terms become effective means you accept the updated Terms.

36. Assignment

You may not assign or transfer these Terms or your account without Monark's prior written consent.

Monark may assign or transfer these Terms in connection with a merger, acquisition, reorganization, sale of assets, or other business transaction.

37. Severability

If any part of these Terms is found invalid or unenforceable, the remaining parts will remain in full force and effect.

38. No Waiver

Monark's failure to enforce any part of these Terms does not waive our right to enforce that part later.

39. Entire Agreement

These Terms, together with the Privacy Policy and any applicable written agreement between you and Monark, make up the entire agreement between you and Monark regarding MONARK OS.

40. Contact Information

If you have questions about these Terms, contact us at:

Monark LLC
Email: support@monarkos.com
Location: Florida, United States

Exhibit A - Code of Conduct

The following are prohibited uses of MONARK OS.

You may not use MONARK OS to:

• Violate any law, regulation, court order, or third-party right.
• Send spam, unlawful marketing, deceptive messages, or unauthorized communications.
• Contact individuals without required consent.
• Upload, send, or store unlawful, abusive, harassing, defamatory, obscene, hateful, violent, or discriminatory content.
• Exploit, harm, or attempt to harm minors or vulnerable individuals.
• Upload child sexual abuse material or any sexually exploitative content.
• Impersonate Monark, another user, another church, or any person or entity.
• Misrepresent your identity, affiliation, authority, or relationship with Monark.
• Upload viruses, malware, harmful code, or malicious files.
• Attempt to gain unauthorized access to MONARK OS, other accounts, systems, networks, databases, or infrastructure.
• Interfere with, disrupt, overload, damage, or impair MONARK OS.
• Use bots, scrapers, crawlers, or automated systems without written permission from Monark.
• Reverse engineer, decompile, copy, resell, sublicense, or misuse MONARK OS.
• Use MONARK OS to build or support a competing product.
• Use the Platform for fraudulent, deceptive, abusive, or misleading activity.
• Use the Platform for gambling, illegal financial activity, unlawful fundraising, or prohibited goods or services.
• Violate privacy, data protection, telecommunications, anti-spam, donation, tax, or nonprofit laws.
• Upload data you do not have permission to use.
• Abuse support channels or submit false reports.
• Engage in conduct that Monark believes may create legal, security, operational, reputational, carrier, or third-party provider risk.

Monark may suspend or terminate access immediately for violations of this Code of Conduct.