1. Acceptance of Terms and Description of the Service
These Terms of Service (hereinafter referred to as the "Terms") constitute a legally binding contractual agreement between Monarkh LLC (hereinafter referred to as "the Company," "we," or "us") and the individual, parent, legal guardian, or institutional entity (hereinafter referred to as "the User" or "Customer") accessing or utilizing the Monarkh Suite™ (hereinafter referred to as "the Service"). By downloading, installing, registering for, or otherwise utilizing the Service, the User explicitly acknowledges that they have read, understood, and agree to be bound unconditionally by these Terms and the companion Privacy Policy.
1.1. Nature of the Service and Explicit Disclaimers
The Monarkh Suite™ is engineered to operate strictly as a "Communication Enhancement Layer." The Service ingests, mathematically organizes, summarizes, and contextualizes pedagogical communications utilizing artificial intelligence and Zero-Knowledge cryptographic protocols.
The User explicitly acknowledges and agrees that the Service does not constitute an official school record, a binding Student Information System (SIS), or an authoritative legal ledger of academic standing. The Service is an organizational overlay. All official academic grades, attendance records, disciplinary files, and formalized institutional communications remain the exclusive purview and property of the issuing educational institution. The Service is not intended to replace, supersede, or act as an authoritative proxy for direct communication with educators or school administrators.
2. Dual-Track Acquisition, Account Types, and Subscriptions
The Service is distributed through a dual-track acquisition model, accommodating complex institutional deployments alongside individual consumer subscriptions.
2.1. B2B Enterprise Integration (School and District Customers)
When an educational institution, school, or municipal district executes a formal Service Order, Data Privacy Agreement (DPA), or Enterprise Agreement with the Company, the terms of that specific, executed written agreement shall govern and supersede any conflicting provisions contained within these standard Terms. In such instances, the educational institution assumes the role of the primary Customer and is solely responsible for authorizing educators, students, and parents as Authorized Users.
The institution represents and warrants that it possesses the requisite authority to provide consent under FERPA, COPPA, and applicable state laws for the ingestion and processing of student data. Furthermore, the institution retains ultimate ownership of all student data and User-Generated Content ingested through the enterprise deployment.
2.2. B2C Individual Subscriptions and Billing Terms
When a parent or legal guardian independently adopts the Service outside of an institutional enterprise agreement, the User acts as the primary account holder. The Service is offered via a freemium model, supplemented by tiered paid subscriptions.
Billing for paid tiers is executed on a recurring monthly or annual basis. The User expressly authorizes the Company, or its designated third-party payment processors (e.g., Stripe, PayPal), to charge the applicable subscription fees to the provided payment method. Subscriptions automatically renew unless the User cancels the subscription through their account settings or the applicable mobile application store (e.g., Apple App Store, Google Play Store) at least twenty-four (24) hours prior to the expiration of the current billing cycle. All fees are non-refundable except as expressly required by applicable consumer protection laws.
3. User Responsibilities and Zero-Knowledge Key Management
The unparalleled privacy protections offered by the Company's Zero-Knowledge architecture fundamentally shift certain operational responsibilities onto the User, particularly regarding account security and localized device management.
3.1. Safeguarding Local Device Decryption Keys
The Service utilizes the native secure enclaves of the User's physical device (Apple Keychain, Android Keystore) to encrypt and store the locally filtered PII and the primary cryptographic decryption keys. The Company has intentionally engineered the system to ensure it possesses zero visibility into, and zero technical ability to extract, these localized keys.
The User explicitly acknowledges, understands, and agrees that the Company cannot recover, bypass, or reset the localized encryption protocols. In the event that the User loses access to their physical device, permanently deletes the application without executing a secure cloud backup via their device's native ecosystem (e.g., iCloud Keychain Backup), or forgets their primary device passcode, all locally stored PII and historical data linkages will be permanently rendered irrecoverable. The Company entirely disclaims all liability for data loss, historical archiving loss, or service interruption resulting from the User's failure to maintain physical access to their device or adequately back up their secure keystores.
3.2. Prohibited Conduct and Account Security
The User agrees to utilize the Service exclusively for lawful, non-commercial, educational, and familial organizational purposes. The User is solely responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. The User shall not, under any circumstances:
- Circumvent, disable, or interfere with security-related features of the Service, including attempting to breach the Zero-Knowledge cryptographic implementations.
- Attempt to reverse-engineer, decompile, disassemble, or extract the source code of the on-device privacy filter, the multi-layer identity verification system, or the native application binaries.
- Deploy automated scraping, data mining, or programmatic extraction tools against the Service infrastructure.
- Utilize the Service to defame, harass, stalk, or threaten any educational professional, student, or fellow User.
4. Artificial Intelligence Disclaimers and Limitations of Liability
The Service heavily integrates the "Elle" Large Language Model (LLM) AI assistant to parse vast quantities of communications and generate rapid organizational outputs. The User acknowledges the experimental, probabilistic, and non-deterministic nature of generative AI technologies and accepts the following constraints as a condition of utilizing the Service.
4.1. The Original Document as the Absolute "Source of Truth"
The outputs generated by the "Elle" AI assistant—including but not limited to extracted event dates, scheduling summaries, homework deadlines, financial costs associated with school trips, and synopses of behavioral reports—are provided strictly as organizational conveniences. The AI-generated output is never to be construed as a definitive source of truth. The User assumes the absolute, non-delegable responsibility to manually verify all AI-generated dates, costs, summaries, and claims against the original, unaltered school communication or source document.
4.2. Complete Liability Waiver for AI Hallucinations
While the Company utilizes industry-standard prompt engineering, vector retrieval (RAG), and context-grounding techniques to maximize AI accuracy, the Company explicitly disclaims any warranty regarding the factual accuracy, reliability, or completeness of AI-generated text. Large Language Models are susceptible to generating plausible but entirely fabricated information (commonly referred to as "hallucinations").
The Company shall not be held liable, legally or financially, for missed academic deadlines, unexcused student absences, unfulfilled financial obligations to educational institutions, or academic penalization resulting from an AI hallucination, algorithmic misinterpretation, or automated misclassification of an ingested document. The User's reliance on AI outputs is entirely at their own risk.
4.3. Pedagogical Guardrails and Ethical Integrity
To maintain the highest standards of academic integrity and prevent the facilitation of academic misconduct, the student-facing iteration of the "Elle" AI assistant is governed by a strict "Guide, Don't Answer" protocol. The AI is engineered to provide Socratic questioning, study frameworks, and conceptual explanations, but is explicitly restricted from generating completed essays, solving mathematical equations directly, or providing direct answers to academic assessments. Any attempt by a User to intentionally "jailbreak," prompt-inject, or bypass these pedagogical guardrails constitutes a material breach of these Terms and will result in immediate, permanent account termination.
5. Document Vault Acceptable Use Policy
The Document Vault feature allows the localized and cloud-based storage of Tier 2 educational documents. By uploading any file, document, or image to the Document Vault, the User represents and warrants that they possess all necessary rights, licenses, and legal permissions to upload, host, and distribute the content.
5.1. Content Restrictions
The User is strictly prohibited from uploading, hosting, or disseminating any content within the Document Vault that:
- Is unlawful, defamatory, obscene, indecent, or invasive of another person's privacy rights.
- Contains malware, viruses, trojans, ransomware, or any malicious code designed to disrupt digital infrastructure.
- Infringes upon the intellectual property, copyright, or trademark rights of any third party without express authorization.
- Constitutes Child Sexual Abuse Material (CSAM) or any content that exploits, grooms, or endangers minors.
In strict compliance with the UAE Child Digital Safety Law (Law 26 of 2025) and global equivalent statutes, the Company utilizes automated, privacy-preserving hash-matching technology to proactively detect CSAM. Any detection of such material will result in the immediate termination of the User's account, the preservation of relevant metadata, and mandatory, immediate reporting to the appropriate international law enforcement agencies and cybercrime authorities.
5.2. Ownership of User-Generated Content
The User retains full, unencumbered ownership of all intellectual property rights in the User-Generated Content they upload to the Document Vault. The Company claims no ownership, title, or interest over this content. By uploading the content, the User grants the Company a limited, non-exclusive, worldwide, royalty-free license solely to encrypt, host, format, and transmit the content across its infrastructure in accordance with the User's chosen visibility toggles (Private, Family Shared, or School Wide).
6. Intellectual Property and Proprietary Rights
All rights, title, and interest in and to the Monarkh Suite™, including its native mobile applications, web interfaces, the on-device privacy filter algorithms, the multi-layer identity verification system, the "Elle" AI interface, and all underlying software code, proprietary algorithms, trademarks, logos, and branding, remain the sole and exclusive intellectual property of the Company and its licensors.
The User is granted a revocable, non-exclusive, non-transferable, limited license to download, install, and utilize the application strictly for its intended purpose and in accordance with these Terms. The User shall not remove, obscure, or alter any copyright, trademark, or proprietary rights notices affixed to or contained within the Service.
7. Disclaimers of Warranties
The Service is provided to the User on a strictly "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise.
To the absolute fullest extent permitted by applicable law, the Company expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular educational or organizational purpose, title, and non-infringement. The Company does not represent or warrant that the Service will be uninterrupted, entirely error-free, immune to advanced cryptographic attacks, or free from viruses or other harmful components. The User explicitly acknowledges that they utilize the Service, transmit sensitive familial data, and rely on AI-generated pedagogical outputs entirely at their own volition and risk.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company, its subsidiaries, affiliates, directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with the User's use of, or inability to use, the Service. This explicit limitation of liability encompasses, but is not limited to, damages for loss of anticipated profits, loss of goodwill, loss of localized data due to key mismanagement, academic penalization, failure to secure educational placements, or any business interruption.
Under no circumstances shall the Company's aggregate cumulative liability to the User for all claims arising from or relating to these Terms or the provision of the Service exceed the total monetary amount paid by the User to the Company for subscription access during the twelve (12) months immediately preceding the event giving rise to the liability, or fifty United States Dollars ($50.00 USD), whichever is greater.
9. Indemnification
The User agrees to comprehensively defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and legal costs) arising from or relating to:
- The User's violation or breach of any provision of these Terms.
- The User's infringement or misappropriation of any third-party intellectual property, copyright, or privacy rights.
- The User's unauthorized distribution, dissemination, or mishandling of student data in violation of FERPA, COPPA, the GDPR, the CCPA, or the UAE PDPL.
- Any claim, suit, or allegation that the User's uploaded Document Vault content caused harm, financial damage, or reputational injury to a third party.
10. Termination, Account Suspension, and Data Erasure
The Company reserves the absolute right, at its sole and unfettered discretion, to suspend, disable, or permanently terminate the User's account and access to all or part of the Service at any time, with or without prior notice, for any reason, including but not limited to a suspected or actual breach of these Terms.
Upon termination, all licenses granted to the User hereunder shall immediately cease. The Company will initiate the permanent deletion of the User's cloud-based pseudonymized data in strict accordance with the automated data lifecycle protocol and applicable privacy laws. The User may terminate this agreement unilaterally at any time by permanently deleting the application from their devices and canceling any active recurring billing subscriptions through their respective app store portals.
11. Governing Law, Dispute Resolution, and Binding Arbitration
11.1. Governing Law and Venue
For Users residing within North America, these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. For Users residing in the Middle East, Europe, or other global jurisdictions, these Terms shall be governed by the federal laws of the United Arab Emirates, specifically aligning with the regulatory oversight of the UAE Data Office and local telecommunications authorities.
11.2. Informal Dispute Resolution
Prior to initiating any formal legal proceeding, arbitration, or regulatory complaint, the User and the Company mutually agree to attempt to resolve any dispute, claim, or controversy arising out of these Terms through good-faith informal negotiations. The aggrieved party must provide written notice to the other party detailing the specific nature of the dispute and the relief sought. The parties shall have a period of sixty (60) days from the receipt of the written notice to resolve the issue amicably.
11.3. Binding Arbitration and Class Action Waiver
If the dispute cannot be resolved through informal negotiations, all claims shall be resolved by binding, confidential arbitration rather than in a court of general jurisdiction, except that either party may assert claims in small claims court if the claims qualify. For North American users, the arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. For international users, the arbitration shall be conducted by the Dubai International Arbitration Centre (DIAC) under its applicable rules.
The User and the Company explicitly, irrevocably, and mutually agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. By agreeing to these Terms, the User waives the right to participate in a class action lawsuit or class-wide arbitration.
12. General Provisions, Severability, and Integration
Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, that specific provision shall be deemed severable from these Terms and shall not affect the validity, legality, and enforceability of the remaining provisions, which shall remain in full force and effect.
Waiver: No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition. Any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Force Majeure: The Company shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, cyber-attacks on underlying cloud infrastructure, telecommunications failures, or governmental actions.
Entire Agreement: The Privacy Policy and these Terms of Service constitute the sole, complete, and entire agreement between the User and the Company regarding the Monarkh Suite™, superseding all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
Modifications: The Company reserves the right to modify, amend, or update these Terms at any time to reflect changes in technology, legal frameworks, or business operations. The Company will provide reasonable advance notice of any material changes, either by email to the registered address or through a prominent in-app notification. Continued use of the Service following the effective date of such modifications constitutes the User's binding acceptance of the revised Terms.