Monopaly is provided by Gravitate Software Incorporated, a corporation incorporated in Delaware, United States. These terms govern use of our business software.
This agreement uses the Common Paper Cloud Service Standard Terms, Version 2.1, incorporated by reference, together with the details and modifications below.
1. Your agreement with us
This Agreement is between Gravitate Software Incorporated (Provider, we, us) and the company or person accepting these terms (Customer, you). If you accept on behalf of a company, you represent that you have authority to bind that company, and Customer refers to that company. By accepting these terms when signing up for or ordering Monopaly, you agree to this Agreement.
If you have a separate, active signed agreement or Order Form governing the same Monopaly account, that agreement controls instead of these online terms to the extent it addresses the same subject matter.
This page is the Cover Page, including its Order Form, Key Terms and modifications. The Framework Terms consist of the Key Terms below and the linked Standard Terms. Capitalized words not defined here have the meanings given in the Standard Terms. This Cover Page controls in the event of a conflict with the Standard Terms.
2. Service and order details
- Cloud Service
- Monopaly, a business sales workspace for managing leads, calling, conversations, follow-up, team activity and related integrations. Available features depend on your plan and configuration.
- Order Date
- The Effective Date, unless a later service start date is agreed in your order.
- Subscription Period
- The service period specified in the quote, order or plan you accept. If no fixed period is specified, access continues until either party ends it by notice, subject to accrued payment obligations.
- Cloud Service Fees
- The fees, usage charges and limits stated in the quote, order or plan you accept. A paid plan or additional paid service requires your agreement to its fees. This page does not set a price or authorize an unspecified charge.
- Payment Process
- The billing schedule, payment method and due dates in your accepted quote, order or plan. Automatic charges apply only if you authorize automatic payment as part of that arrangement.
- Renewal and cancellation
- Your accepted order or plan specifies whether it renews and any non-renewal notice period. Modifying Section 5.1 of the Standard Terms, a fixed Subscription Period does not automatically renew unless renewal is expressly included in that arrangement. Send cancellation or non-renewal notices to thomas@gravitateinc.com.
- Technical Support
- Contact thomas@gravitateinc.com for help. Any guaranteed response times, service levels or professional services must be stated in a separate written agreement.
Section 4 of the Standard Terms governs payment, taxes and disputes. Its refund provisions apply unless your accepted order or mandatory law provides otherwise. Changes to prices or billing terms require notice and apply as agreed in your order; this page does not retroactively change an accepted price.
3. Key terms
- Provider
- Gravitate Software Incorporated
- Effective Date
- The date Customer first accepts this Agreement.
- Governing Law
- The laws of the State of Delaware, United States, without regard to its conflict-of-laws rules.
- Chosen Courts
- The state and federal courts located in Delaware, United States, subject to rights and jurisdiction rules that cannot lawfully be waived.
- Provider Covered Claims
- Third-party claims that the Product, when used as authorized by this Agreement, infringes or misappropriates that third party’s intellectual property or other proprietary rights.
- Customer Covered Claims
- Third-party claims that Customer Content, when used as authorized by this Agreement, infringes or misappropriates that third party’s intellectual property or other proprietary rights, or that arise from Customer’s breach of Section 2.1 of the Standard Terms.
- General Cap Amount
- One times the fees paid or payable by Customer to Provider in the 12 months immediately before the claim. The limitations and exceptions in Section 8 of the Standard Terms apply.
- Other liability terms
- No additional Increased Claims, Increased Cap Amount, Unlimited Claims or Additional Warranties are specified on this Cover Page. This does not limit any liability that cannot be limited under applicable law.
- Notice Address
- For Provider: thomas@gravitateinc.com. For Customer: the primary email address associated with Customer’s account, unless another address is agreed in writing.
4. Calling and responsible use
In addition to Section 2.1 of the Standard Terms, the following Use Limitations apply:
- Use Monopaly for lawful business activity. You are responsible for the leads you upload, the people you contact, your message content and the instructions you give your team.
- Obtain any required consent for calls, texts, recordings and transcription. Honor applicable do-not-call rules, calling-hour restrictions, opt-out requests and carrier requirements.
- Do not use the service for spam, harassment, fraud, deceptive caller identification, unauthorized surveillance or unlawful automated communications.
- Protect account credentials and restrict access to people authorized to work with your data.
- Monopaly is not an emergency communications service. Do not rely on it to place emergency calls or contact emergency responders.
Features that organize calling or follow-up do not determine whether your campaign is lawful. You remain responsible for your use of them. Provider may suspend prohibited or harmful use under the Standard Terms.
5. Data, integrations and AI
The Privacy Policy explains our handling of personal information, and the Cookie Policy describes browser storage. The Subprocessors page identifies service providers and their purposes. These notices do not replace a data processing agreement.
As required by Section 3.1 of the Standard Terms, contact us to enter into a data processing agreement before submitting personal data governed by the GDPR. A separately executed DPA controls personal-data processing where its terms apply. No DPA, SLA or security certification is incorporated solely by linking to a policy page.
You choose which integrations to connect and authorize the transfers needed to use them. Services you connect may have their own terms and privacy practices. Carrier and third-party availability can affect features.
Modification to Section 1.6: the first two paragraphs of Section 1.6 of the Standard Terms, concerning authorization to develop, train or enhance AI or machine-learning models, are deleted. This Agreement does not itself grant that training authorization. Any such authorization requires a separate agreement. Processing necessary to provide requested AI features remains governed by Section 1.5, applicable data-protection obligations and any DPA.
The final paragraph of Section 1.6 remains in effect: AI-generated information may be inaccurate and needs human oversight. Review generated scripts, summaries, research and other outputs before relying on them.
6. Changes and contact
The linked Standard Terms are pinned to Version 2.1. A later Common Paper release does not automatically change your agreement. Changes to an existing agreement follow Section 12.2 of the Standard Terms; merely updating this page does not replace a previously accepted agreement. We will identify the date of a revised version and obtain agreement when required.
For legal notices or questions about these terms, email thomas@gravitateinc.com.
Based on the Common Paper Terms of Service and Cloud Service Standard Terms v2.1, made available under CC BY 4.0. This Cover Page has been customized for Monopaly; modifications to the Standard Terms are identified above.