Legal

Terms of Service

Last updated: July 4, 2026

These Terms of Service ("Terms") are a binding agreement between MondayFive, Inc. ("MondayFive", "we", "us") and the business or individual using our services ("you", the "merchant"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a business, you represent that you have authority to bind that business.

1. The Service

MondayFive is an AI appointment sales agent platform. The Service answers customer messages across connected channels (such as WhatsApp, Instagram, Messenger, website chat, SMS and AI-handled phone calls), qualifies enquiries, schedules appointments, collects deposits and payments through the merchant's connected payment providers, sends reminders, and maintains a customer relationship database — all on the merchant's behalf and under the merchant's configuration.

We continually improve the Service and may add, change or remove features. If a change materially reduces the core functionality of your plan, we will notify you in advance.

2. Accounts

You must provide accurate registration information and keep your credentials secure. You are responsible for all activity under your account, including activity by staff members you invite. Notify us promptly at hello@mondayfive.com if you suspect unauthorised access.

3. Trials, billing and usage

Free trial. Every plan begins with a 7-day free trial. A valid payment method is required to start the trial. You will not be charged before the trial ends, and you may cancel at any time during the trial at no cost. If you do not cancel, your subscription begins automatically when the trial ends.

Subscriptions. Plans are billed in advance, monthly or annually, in USD, at the prices shown on our pricing page at the time of purchase. Subscription billing is processed by our billing provider, Dodo Payments.

Metered overage.Each plan includes monthly usage quotas (such as AI conversations, voice minutes and message sends). Usage beyond your quota is charged at your plan's published per-unit overage rates and added to your next invoice. Live usage is visible in your dashboard, and you may configure a usage cap that pauses metered features instead of incurring overage.

Changes and cancellation. You may upgrade, downgrade or cancel at any time from your billing settings. Upgrades take effect immediately with prorated charges; downgrades and cancellations take effect at the end of the current billing period. Except where required by law, fees already paid are non-refundable.

Price changes.We may change prices with at least 30 days' notice; changes apply from your next billing cycle.

Taxes. Fees are exclusive of taxes. You are responsible for any applicable VAT, GST or sales taxes, which will be added where we are required to collect them.

4. Your customers' payments

Payments from your customers (deposits, prepayments, balances) are processed through your own Stripe and/or PayPal accounts under your agreements with those providers. MondayFive is not a party to transactions between you and your customers, does not hold your customers' funds, and does not store card numbers. You are responsible for your prices, refund and cancellation policies, receipts, and any tax obligations arising from your sales.

5. Acceptable use

You agree not to use the Service to:

  • send spam or unsolicited messages, or message people without a lawful basis to do so;
  • engage in deceptive, fraudulent or illegal activity, or misrepresent who is messaging (beyond the disclosed use of an AI assistant);
  • provide, or configure the AI to provide, regulated advice — including medical, legal or financial advice — through the Service;
  • process data of children in violation of applicable law;
  • attempt to probe, disrupt or overload the Service, circumvent quotas or security controls, or resell the Service without our written agreement;
  • use the Service to build a competing product or to extract our models' or providers' outputs at scale.

We may suspend accounts that violate this section, with notice where practicable.

6. Merchant responsibilities

Your customers' data. Between you and MondayFive, you own your customer and CRM data. You are the data controller for it; we process it on your behalf as described in our Privacy Policy. You are responsible for having a lawful basis to collect and process your customers' data, for honouring their privacy rights, and for the accuracy of the business information (services, prices, policies, knowledge-base content) you configure.

Consent for messaging. You must obtain any consents required by applicable law before messaging or calling your customers (including for SMS reminders and AI voice calls), honour opt-outs promptly, and comply with telemarketing, anti-spam and call-recording laws in your jurisdiction — including, where applicable, disclosing that calls are handled or recorded by an AI system.

AI supervision. The AI agent acts on your configuration and your content. You are responsible for reviewing its setup, keeping your availability, prices and policies current, and honouring the bookings and commitments made through the Service in your name.

7. Messaging platform compliance

Channels such as WhatsApp, Instagram and Messenger are provided by Meta and other third parties under their own terms — including the WhatsApp Business Terms, Meta Platform Terms and messaging policies. Your use of these channels through MondayFive must comply with those terms, including rules on message templates, response windows, prohibited content and business verification. These platforms may change their rules, rate limits or availability at any time; we are not responsible for actions they take against your numbers or accounts, though we will make reasonable efforts to help you stay compliant.

8. Intellectual property

We own the Service and everything in it except your data. You retain all rights to your business content, knowledge-base materials and customer data, and grant us a limited licence to process them solely to provide the Service. You may not copy, modify or create derivative works of the Service except as allowed by law.

9. Disclaimers

The Service is provided "as is" and "as available". AI-generated responses are probabilistic and may occasionally be incorrect, incomplete or unsuitable despite the guardrails we provide. We do not warrant that the Service will be uninterrupted, error-free, or that it will achieve any particular level of bookings or revenue. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

10. Limitation of liability

To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data; and (b) MondayFive's total aggregate liability arising out of or relating to the Service is limited to the amounts you paid us in the twelve (12) months before the event giving rise to the claim. These limits do not apply to your payment obligations, either party's indemnification obligations, or liability that cannot be limited by law.

11. Indemnification

You will defend and indemnify MondayFive against claims arising from your business, your services to your customers, your content and configuration, or your violation of these Terms or applicable law — including messaging-consent and privacy claims brought by your customers.

12. Termination

You may stop using the Service and cancel at any time. We may suspend or terminate your account for material breach of these Terms (with notice and a reasonable opportunity to cure, where practicable), for non-payment, or where required by law or by our platform partners. Upon termination, your right to use the Service ends; you may export your data for 30 days after termination, after which we delete it as described in our Privacy Policy. Sections that by their nature should survive (including 8–11) survive termination.

13. General

These Terms are the entire agreement between us regarding the Service and supersede prior agreements. We may update these Terms; material changes will be notified at least 14 days before taking effect, and continued use after that constitutes acceptance. If any provision is unenforceable, the rest remains in effect. Neither party is liable for delays caused by events beyond its reasonable control. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-law rules, and disputes will be resolved in the state or federal courts located in Delaware, unless mandatory law in your country provides otherwise.

14. Contact

MondayFive, Inc. · hello@mondayfive.com