Terms of Service

1.1 These Terms of Service ("Terms") govern your access to and use of Monesize Engage ("the Service"), a cloud-based sales engagement and customer relationship management platform operated by Monesize Limited ("Monesize", "we", "us", or "our"), a company incorporated in England and Wales under company number 16964677, with its registered address at 128 City Road, London, England, EC1V 2NX.

1.2 By registering for an account, creating an organization, accepting an invitation to join an organization, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

1.3 If you do not agree to these Terms, you must not access or use the Service.

1.4 These Terms apply to all users of the Service, including organization owners, administrators, managers, sales users, and viewers, as well as any individual who accesses the Service through an invitation.

2.1 "Account" means the platform-level identity created by an individual user upon registration, which may be associated with one or more Organizations.

2.2 "Organization" means a tenant workspace within the Service representing a business entity, team, or individual using the Service for their own operational purposes.

2.3 "Organization Data" means all data, content, and information submitted to, stored in, or processed by the Service by or on behalf of an Organization, including but not limited to contact records, company records, campaign content, email templates, sales activities, and pipeline information.

2.4 "End User" means any individual whose personal data is stored within the Service as a contact, prospect, or lead record, whether or not that individual has an Account.

2.5 "Member" means an individual user who has been granted access to an Organization within the Service, with a role assigned by the Organization's owner or administrator.

2.6 "Owner" means the Member holding the highest permission level within an Organization, with full administrative and operational access.

2.7 "Campaign" means an outbound email communication sent from the Service to one or more End Users on behalf of an Organization, using the Organization's own configured email infrastructure.

2.8 "Subscription" means the access tier under which an Organization uses the Service, including the free tier.

2.9 "Personal Data" has the meaning given to it under applicable data protection laws, including the UK General Data Protection Regulation ("UK GDPR"), the EU General Data Protection Regulation (Regulation (EU) 2016/679) ("EU GDPR"), and the California Consumer Privacy Act ("CCPA") as amended by the California Privacy Rights Act ("CPRA").

2.10 "Processing" has the meaning given to it under applicable data protection laws.

2.11 "Data Controller" means the natural or legal person who determines the purposes and means of processing Personal Data.

2.12 "Data Processor" means the natural or legal person who processes Personal Data on behalf of a Data Controller.

3.1 Monesize Engage is a multi-tenant sales engine and CRM platform. The Service provides Organizations with tools to manage prospect and customer relationships, create and send outbound email campaigns, track sales activities, manage pipelines and opportunities, and report on sales performance.

3.2 The Service is provided on a free basis. Monesize reserves the right to introduce paid tiers or features in the future. Any such changes will be communicated to existing users with reasonable notice before taking effect.

3.3 The Service requires each Organization to configure and verify its own outbound email sending infrastructure before Campaign functionality becomes available. This requirement exists to ensure that Organizations take ownership of their sending reputation and to protect the integrity of email delivery for all users of the platform.

3.4 The Service is provided "as is" and "as available". While Monesize makes reasonable efforts to ensure the Service is available and functioning correctly, we do not guarantee uninterrupted or error-free access.

3.5 Monesize reserves the right to modify, update, or discontinue features of the Service at any time, with or without notice, provided that we will make reasonable efforts to notify users of material changes that affect core functionality.

4.1 To use the Service, you must register for an Account by providing accurate, complete, and current information including your first name, last name, and email address. You agree to maintain the accuracy of this information and update it as necessary.

4.2 You must verify your email address before you can sign in to the Service. The verification link sent to your email address expires after 24 hours. If you do not verify your email address, your Account will remain inactive.

4.3 You are responsible for maintaining the confidentiality of your Account credentials, including your password. You must not share your credentials with any other person. You are responsible for all activity that occurs under your Account.

4.4 You must notify Monesize immediately at hello@monesize.com if you become aware of any unauthorized access to or use of your Account.

4.5 Monesize will not be liable for any loss or damage arising from unauthorized access to your Account that results from your failure to safeguard your credentials.

4.6 You may enable two-factor authentication ("2FA") on your Account using a compatible authenticator application. Where an Organization's Owner has enabled the organization-wide 2FA requirement, you will be required to set up and use 2FA to access that Organization's workspace.

4.7 Each Account is associated with a specific email address. A single Account may be a member of multiple Organizations with different roles in each. Sessions are scoped to individual Organizations, and access to each Organization requires a separate authentication event.

5.1 An Organization is created by a registered and verified user, who becomes its Owner. The Owner is responsible for all activity that occurs within the Organization, including the actions of Members they invite.

5.2 The Owner may invite other users to join the Organization as Members. Invitations are sent via email to the specified address. Invited individuals who do not yet have an Account will be prompted to create one as part of the invitation acceptance process.

5.3 The Owner may assign and change Member roles. The available roles are Owner, Administrator, Manager, Sales User, and Viewer. Each role carries defined permissions. The Owner role is the highest permission level and at least one Owner must exist in every Organization at all times.

5.4 The Owner may remove Members from the Organization at any time. Upon removal, the Member's active sessions are immediately invalidated and they will no longer be able to access the Organization's workspace.

5.5 The Owner is responsible for ensuring that all Members comply with these Terms and with applicable laws and regulations in their use of the Service.

5.6 Monesize reserves the right to suspend or terminate access for any individual Member where we have reasonable grounds to believe that the Member has violated these Terms, without prejudice to any action against the Organization as a whole.

6.1 You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service in any way that:

6.1.1 violates any applicable local, national, or international law or regulation, including laws governing data protection, electronic communications, and unsolicited commercial email;

6.1.2 involves sending unsolicited, unauthorized, or deceptive commercial communications ("spam") to any person;

6.1.3 involves sending email communications to individuals who have not provided appropriate consent or who have previously unsubscribed or opted out of receiving such communications from your Organization;

6.1.4 involves impersonating any person or entity, or misrepresenting your affiliation with any person or entity;

6.1.5 involves uploading, storing, or transmitting any content that is illegal, fraudulent, defamatory, obscene, or that infringes any third-party intellectual property rights;

6.1.6 is intended to harm, harass, intimidate, or discriminate against any individual or group;

6.1.7 involves attempting to gain unauthorized access to any part of the Service or any other system or network connected to the Service;

6.1.8 involves introducing any virus, trojan, worm, logic bomb, or other malicious or harmful code into the Service;

6.1.9 involves scraping, crawling, or otherwise extracting data from the Service in a manner not expressly authorized by these Terms;

6.1.10 places an unreasonable or disproportionate load on the infrastructure of the Service.

6.2 You acknowledge that the Service includes email tracking features including open-tracking pixels and click-tracking link rewrites. You agree to use these features in compliance with applicable laws and, where required, to disclose the use of such tracking to recipients in accordance with applicable data protection and electronic communications regulations.

6.3 You acknowledge that open tracking using pixel images is technically unreliable due to pre-fetching by certain email clients, including but not limited to Apple Mail. You agree not to rely solely on open tracking data for purposes that require accuracy.

6.4 Monesize reserves the right to investigate any suspected violation of Section 6 and to suspend or terminate access to the Service if we determine, in our reasonable discretion, that a violation has occurred.

7.1 The Service enables Organizations to send outbound email campaigns to their contacts and prospects. All outbound emails are sent using the Organization's own configured email infrastructure and originate from the Organization's own sending domain or email address.

7.2 Monesize does not send Campaign emails on your behalf. You are solely responsible for the content, targeting, timing, and compliance of all email communications sent through the Service.

7.3 You represent and warrant that:

7.3.1 you have obtained all necessary consents, permissions, and authorizations required by applicable law to send commercial electronic communications to every recipient included in your Campaigns;

7.3.2 every Campaign you send complies with all applicable laws and regulations governing commercial email and electronic communications, including but not limited to the CAN-SPAM Act (United States), the Controlling the Assault of Non-Solicited Pornography And Marketing Act, the Canadian Anti-Spam Legislation ("CASL"), the UK Privacy and Electronic Communications Regulations 2003 (as amended), the EU Directive 2002/58/EC (as amended by Directive 2009/136/EC), and all applicable national implementations thereof;

7.3.3 every Campaign includes a functional and conspicuous mechanism for recipients to unsubscribe from future communications, and that unsubscribe requests are honoured promptly and in accordance with applicable law;

7.3.4 you will not send Campaign emails to contacts whose communication status is set to Unsubscribed or Suppressed within the Service.

7.4 The Service automatically inserts an unsubscribe link into every Campaign email. You must not disable, remove, or circumvent this mechanism. Processing of unsubscribe requests received through this mechanism is handled automatically by the Service and results in the contact's communication status being updated accordingly.

7.5 Monesize reserves the right to suspend Campaign sending functionality for any Organization that we reasonably believe is sending unsolicited communications, generating high bounce rates, or engaging in practices likely to harm the deliverability reputation of the Service's infrastructure or other users.

7.6 You acknowledge that email deliverability depends on factors outside Monesize's control, including the configuration and reputation of your sending infrastructure and the decisions of receiving email servers, and that Monesize makes no guarantee as to the deliverability of any Campaign.

8.1 Both parties acknowledge that in the course of using the Service, each party may process Personal Data relating to End Users, Members, and other individuals.

8.2 With respect to the Personal Data of End Users stored within the Service by an Organization:

8.2.1 the Organization acts as the Data Controller, as it determines the purposes and means of collecting and using that Personal Data;

8.2.2 Monesize acts as the Data Processor, processing that Personal Data on behalf of the Organization solely for the purpose of providing the Service.

8.2.3 Monesize's processing of such Personal Data is governed by our Data Processing Agreement, which is incorporated into these Terms by reference and is available at hello@monesize.com upon request.

8.3 With respect to the Personal Data of Members and Account holders:

8.3.1 Monesize acts as the Data Controller for the purpose of administering the Service and the user's Account;

8.3.2 this processing is governed by Monesize's Privacy Policy, which is available at hello@monesize.com upon request.

8.4 You agree to ensure that you have a lawful basis under applicable data protection law for collecting, storing, and processing the Personal Data of End Users within the Service, and for sending commercial communications to those End Users. You agree to maintain appropriate records of consent and other lawful bases as required by applicable law.

8.5 The Service provides the following data subject rights mechanisms to assist you in complying with your obligations as a Data Controller:

8.5.1 Data erasure: the Service provides a hard-erase function that permanently removes all personally identifiable fields from a contact or company record. This function is available to Organization Owners only and is irreversible. Erased records retain a shell record to preserve the integrity of historical data such as campaign statistics and activity logs, but all identifying information is permanently deleted.

8.5.2 Unsubscribe management: the Service maintains communication status fields on contact records. Contacts with a status of Unsubscribed or Suppressed are automatically excluded from all Campaign sends.

8.5.3 Data export: the Service provides a Subject Access Request export function that compiles all data held on a specific contact record, including profile data, notes, activities, campaign history, and follow-up records.

8.5.4 Audit history: the Service maintains an immutable audit log of significant actions performed within an Organization, which may be used to demonstrate compliance with data subject rights requests.

8.6 You must not store in the Service any Personal Data that you are not lawfully permitted to process, including but not limited to special categories of Personal Data as defined under the UK GDPR and EU GDPR, unless you have an explicit lawful basis for doing so and have implemented appropriate safeguards.

8.7 In the event of a personal data breach affecting Organization Data, Monesize will notify you without undue delay and in any event within 72 hours of becoming aware of the breach to the extent that it affects your Organization's data, to assist you in meeting your own notification obligations under applicable law.

8.8 For users located in California, the terms of Section 8 of these Terms apply in addition to any rights you may have under the California Consumer Privacy Act and the California Privacy Rights Act.

9.1 As between you and Monesize, you retain all rights, title, and interest in and to your Organization Data. Monesize does not claim any ownership over your Organization Data.

9.2 You grant Monesize a limited, non-exclusive, royalty-free license to store, process, and use your Organization Data solely to the extent necessary to provide the Service to you, to comply with legal obligations, and to maintain and improve the infrastructure of the Service.

9.3 Monesize will not use your Organization Data to train machine learning or artificial intelligence models, share your Organization Data with third parties for advertising or marketing purposes, or access your Organization Data except as necessary to provide the Service, investigate a security incident, comply with a legal obligation, or respond to a support request from an authorized user.

9.4 Monesize retains all rights, title, and interest in and to the Service itself, including its software, architecture, user interface, design, trademarks, and all intellectual property embodied therein. Nothing in these Terms grants you any right in or to the Service beyond the limited right to access and use it in accordance with these Terms.

9.5 You must not reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service.

9.6 Any feedback, suggestions, or ideas you provide to Monesize regarding the Service may be used by Monesize without restriction or compensation to you, and you hereby assign to Monesize all rights in any such feedback to the extent necessary for Monesize to use it freely.

10.1 The Service permits you to import contact and company records via CSV files. By importing data into the Service, you represent and warrant that:

10.1.1 you are the lawful owner of or have obtained appropriate authorizations for all data you import;

10.1.2 the import and processing of such data by you within the Service does not violate any applicable law, regulation, or third-party rights;

10.1.3 you have a lawful basis under applicable data protection law for processing the Personal Data contained in any imported records.

10.2 Monesize does not verify or validate the lawfulness of data imported into the Service. You are solely responsible for ensuring compliance with all applicable laws in connection with any data you import.

11.1 The Service integrates with third-party email providers including, but not limited to, SendGrid, Mailgun, Resend, and Amazon Web Services Simple Email Service ("SES"), as well as Google and Microsoft for OAuth authentication. Your use of any such third-party services is governed by the terms and conditions of those services.

11.2 Monesize is not responsible for the availability, reliability, or security of any third-party service, and is not liable for any loss or damage arising from your use of or reliance on any third-party service in connection with the Service.

11.3 You are responsible for maintaining and complying with the terms of your accounts with any third-party email providers whose credentials you configure within the Service.

11.4 Your email provider credentials are encrypted at rest using AES-256-GCM encryption and are never transmitted in plaintext or exposed through the Service's API. However, you remain responsible for the security of your third-party accounts and the consequences of any unauthorized access to those accounts.

12.1 Each party agrees to keep confidential all non-public information disclosed by the other party in connection with these Terms and the use of the Service that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

12.2 Each party agrees not to disclose the other party's confidential information to any third party without the other party's prior written consent, except as required by law.

12.3 Organization Data is treated as your confidential information. Monesize's employees and subcontractors who have access to Organization Data are bound by confidentiality obligations.

12.4 The obligations in this Section 12 do not apply to information that is or becomes publicly available other than through a breach of these Terms, that was known to the receiving party before disclosure, or that is independently developed by the receiving party without use of the disclosing party's confidential information.

13.1 Monesize will use commercially reasonable efforts to make the Service available on a continuous basis. However, the Service may be subject to downtime for maintenance, updates, or due to circumstances outside Monesize's control.

13.2 Monesize does not provide a formal service level agreement for the free tier of the Service.

13.3 Monesize provides a health check endpoint that reflects the real-time operational status of the Service. Monesize will endeavor to notify users of planned maintenance that is expected to cause significant disruption.

13.4 Monesize reserves the right to perform emergency maintenance at any time without prior notice if necessary to protect the integrity, security, or availability of the Service.

14.1 To the maximum extent permitted by applicable law, Monesize's total aggregate liability to you for all claims arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greater of ten pounds sterling (GBP 10) or the total fees paid by you to Monesize in the twelve months preceding the claim. Where you use the Service on the free tier, Monesize's liability shall not exceed ten pounds sterling (GBP 10).

14.2 To the maximum extent permitted by applicable law, Monesize shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising under or in connection with these Terms, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, loss of business opportunity, or business interruption, even if Monesize has been advised of the possibility of such damages.

14.3 Nothing in these Terms limits or excludes either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, any liability that cannot be limited or excluded under applicable law, or any breach of the obligations implied by Section 12 of the Supply of Goods and Services Act 1982 (as amended) or by the Consumer Rights Act 2015 where applicable.

14.4 Nothing in these Terms affects your statutory rights if you are a consumer under applicable law. However, the Service is designed and intended for business use, and by accepting these Terms you confirm that you are accessing the Service in the course of trade, business, or profession.

15.1 You agree to indemnify, defend, and hold harmless Monesize and its officers, directors, employees, agents, and subcontractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

15.1.1 your use of the Service in breach of these Terms;

15.1.2 your violation of any applicable law or regulation in connection with your use of the Service;

15.1.3 any Campaign sent by your Organization, including any claim that such Campaign violated anti-spam laws or data protection laws;

15.1.4 any dispute between your Organization and any End User, Member, or third party arising from the use of Organization Data;

15.1.5 any claim that Organization Data uploaded to the Service infringes the intellectual property, privacy, or other rights of any third party.

16.1 You may terminate your Account or delete your Organization at any time by contacting hello@monesize.com. Monesize will process termination requests within a reasonable timeframe.

16.2 Monesize may suspend or terminate your access to the Service, with or without notice, in the following circumstances:

16.2.1 you have materially breached these Terms and have not remedied the breach within seven days of receiving written notice requiring remedy;

16.2.2 you have used the Service to send unsolicited or unlawful communications and have not ceased doing so after receiving notice from Monesize;

16.2.3 your use of the Service poses a security risk to the Service or to other users;

16.2.4 we are required to do so by applicable law or a competent authority;

16.2.5 your Account or Organization has been inactive for a continuous period of twelve months or more.

16.3 In cases of serious breach, including but not limited to sending spam, violating anti-spam laws, or engaging in fraudulent activity, Monesize reserves the right to suspend access immediately without prior notice.

16.4 Upon termination or deletion:

16.4.1 your right to access the Service ceases immediately;

16.4.2 Monesize will retain your Organization Data for a period of 30 days following termination, during which time you may request a data export;

16.4.3 after the 30-day retention period, your Organization Data will be permanently deleted from Monesize's systems, subject to any legal obligation to retain certain records for a longer period;

16.4.4 provisions of these Terms that by their nature should survive termination will remain in full force and effect, including Sections 8, 9, 12, 14, 15, and 19.

17.1 Monesize reserves the right to amend these Terms at any time. When we make changes, we will update the "Last updated" date at the top of these Terms and notify you by email to the address associated with your Account at least 14 days before the amended Terms take effect.

17.2 If you continue to use the Service after the amended Terms take effect, you will be deemed to have accepted the amended Terms. If you do not agree to the amended Terms, you must stop using the Service before they take effect and may terminate your Account in accordance with Section 16.1.

17.3 Where changes are required by law or to address a security risk, we may implement them immediately, in which case we will notify you as soon as reasonably practicable.

18.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

18.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation, subject to Section 18.3.

18.3 Notwithstanding Section 18.2, if you are a consumer resident in the European Union, you retain the right to bring proceedings in the courts of the member state in which you are resident. If you are a consumer resident in the United States or Canada, you retain any rights to dispute resolution available to you under applicable local law.

18.4 Before initiating formal legal proceedings, each party agrees to attempt to resolve any dispute informally by contacting hello@monesize.com. Monesize will make reasonable efforts to resolve disputes within 30 days of receiving written notice.

19.1 Entire Agreement. These Terms, together with the Privacy Policy and the Data Processing Agreement, constitute the entire agreement between you and Monesize regarding the Service and supersede all prior agreements, representations, and understandings between the parties relating to the subject matter hereof.

19.2 Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

19.3 Waiver. No failure or delay by Monesize in exercising any right under these Terms shall operate as a waiver of that right. No single or partial exercise of any right shall preclude any other or further exercise of that right or the exercise of any other right.

19.4 Assignment. You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Monesize. Monesize may assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that Monesize notifies you in writing within 30 days of such assignment.

19.5 Force Majeure. Monesize will not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, civil unrest, war, pandemic, government action, failure of third-party internet infrastructure, or actions of email service providers.

19.6 Notices. Any notice or communication required under these Terms shall be made in writing. Notices to Monesize shall be sent to hello@monesize.com or by post to 128 City Road, London, England, EC1V 2NX. Notices to you shall be sent to the email address associated with your Account.

19.7 Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency, employment, or franchise relationship between you and Monesize. Each party acts as an independent entity.

19.8 No Third-Party Rights. These Terms do not create any rights in favour of any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that Monesize's affiliates may enforce any rights conferred upon them under these Terms.

19.9 Language. These Terms are written in English. To the extent any translated version of these Terms conflicts with the English version, the English version shall prevail.

If you have any questions, concerns, or complaints regarding these Terms or the Service, please contact us at:

Monesize Limited128 City RoadLondon, EnglandEC1V 2NXUnited Kingdom

Email: hello@monesize.com

For data protection enquiries, please contact us at the same address and mark your correspondence for the attention of Data Protection.