Terms & Conditions

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also must not try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to Andrew Spearman.

Andrew Spearman is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The Monch app stores and processes personal data that you have provided to us, to provide my Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Monch app won’t work properly or at all.

You should be aware that there are certain things that Andrew Spearman will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Andrew Spearman cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, Andrew Spearman cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Andrew Spearman cannot accept responsibility.

With respect to Andrew Spearman’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Andrew Spearman accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on iOS – the requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Andrew Spearman does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from any and all devices on which it is installed.

Indemnification

You agree to indemnify and hold Andrew Spearman harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of Monch, including but not limited to any violation of these terms and conditions.

Limitation of Liability

In no event shall Andrew Spearman, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use Monch; (ii) any conduct or content of any third party on Monch; (iii) any content obtained from Monch; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Termination

Andrew Spearman may terminate or suspend your access to Monch immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms. Upon termination, your right to use Monch will immediately cease.

Severability

If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between us regarding Monch, and supersede and replace any prior agreements we might have had between us regarding Monch.

User-Generated Content

Monch may allow users to upload, post, or otherwise contribute content, including but not limited to images, text, audio, video, and other materials ("User Content"). By submitting User Content, you agree that you have the necessary rights and permissions to do so, and you grant Andrew Spearman a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Monch service.

Andrew Spearman does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. Users are solely responsible for their User Content and the consequences of posting or publishing it. Andrew Spearman does not assume any responsibility or liability for User Content that is submitted or shared on Monch.

It is Andrew Spearman's policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Andrew Spearman's designated copyright agent with the following information:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Andrew Spearman to locate the material.
Your contact information, including your address, telephone number, and an email address.
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Andrew Spearman's designated copyright agent for notice of claims of copyright infringement can be reached via email at legal@monchapp.com.

Changes to our Terms and Conditions

I may update our Terms and Conditions from time to time. You are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2024-03-10.

Contact Us

Reach out to legal@monchapp.com.