Terms of Service

By accessing and using Monkaru ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all the terms and conditions of this agreement, then you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

Monkaru is an employee shift scheduling application that allows organizations to:

• Manage employee information
• Create and optimize shift schedules

3.1 Account Creation

To use the features of the Service, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and complete information

3.2 Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Transmit harmful or malicious code
• Attempt to gain unauthorized access to our systems
• Use the service for any illegal or harmful purposes

3.3 Configuration and Review Responsibility

The Service assists with generating and managing shift schedules, but it does not replace human oversight. Configuration choices (including rules, constraints, preferences, and organization settings) directly influence the outputs. You acknowledge and agree that:

• You are solely responsible for configuring the Service correctly for your use case.
• You will review and verify all generated schedules before use, publication, or distribution.
• You remain responsible for compliance with labor, employment, collective, and company rules.
• Outputs may contain errors or omissions, especially if inputs, rules, or settings are incomplete, inconsistent, or incorrect. You must not rely on the outputs without appropriate verification.

4.1 Data Controller

When you create an organization in Monkaru, you become the data controller for the personal data of your employees that you input into the system. We act as a data processor on your behalf.

4.2 Your GDPR Obligations

As a data controller, you are responsible for:

• Obtaining proper consent from employees before processing their data
• Providing privacy notices to your employees
• Ensuring lawful processing of employee data
• Responding to employee data rights requests
• Reporting data breaches to supervisory authorities when required

4.3 Our GDPR Obligations

As a data processor, we commit to:

• Processing personal data only in accordance with your instructions
• Implementing appropriate technical and organizational measures
• Assisting you in responding to data subject rights requests
• Notifying you of data breaches without undue delay
• Deleting or returning personal data at the end of the service relationship

4.4 Data Processing Agreement

These Terms incorporate our Data Processing Agreement, which outlines the specific terms governing our processing of personal data on your behalf.

4.5 Cookies and Analytics

We use cookies and similar technologies as described in our Privacy Policy. Non-essential cookies are used only with your consent. You can manage your cookie preferences at any time via the cookie banner. For website analytics we use Rybbit, a privacy-focused, cookieless tool hosted in the EU (Germany). Rybbit does not set cookies, does not collect personal data, and does not require your consent.

4.6 Authorization to Use Employee and Company Data

Where you input, upload, or otherwise process personal data of employees or company representatives in the Service (including, without limitation, names, email addresses, identifiers, scheduling preferences, and availability), you represent and warrant that you, as the data controller, have obtained all permissions, consents, authorizations, works council approvals, or other lawful bases required under applicable laws, collective agreements, and internal company policies to disclose such data to us and to process it within the Service.

• You have provided all legally required notices to the affected individuals;
• You have a valid legal basis (e.g., consent, contract, legitimate interests, legal obligation) for the processing;
• Your use of the Service complies with labor, employment, and data protection laws, and any company rules;
• You will not input personal data for which you lack the necessary authorization or legal basis.

You acknowledge that we rely on you to ensure a valid legal basis and appropriate authorization for any personal data you submit. You remain solely responsible for your compliance obligations as controller and for honoring any restrictions imposed by local laws or company policies.

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest
• Secure authentication mechanisms
• Regular security audits and updates
• Access controls and user permissions
• Secure backup procedures

However, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security.

The Service and its original content, features, and functionality are and will remain the exclusive property of Monkaru and its licensors. The Service is protected by copyright, trademark, and other laws.

You retain ownership of the data you input into the Service, including employee information and organizational data.

We strive to provide continuous availability of the Service but do not guarantee that the Service will be available at all times. We reserve the right to:

• Modify or discontinue the Service with reasonable notice
• Update these Terms at any time
• Change pricing with 30 days advance notice

In no event shall Monkaru, 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 your use of the Service.

Our total liability shall not exceed the amount paid by you for the Service in the twelve months preceding the claim.

The Service and any schedules, recommendations, or results are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of accuracy, fitness for a particular purpose, or non-infringement. We do not warrant that outputs will be error-free or legally compliant, and outputs depend on the data, rules, and settings you provide.

To the maximum extent permitted by law, Monkaru disclaims responsibility and liability for decisions made or actions taken based on the generated outputs, including any errors arising from misconfiguration, incorrect inputs, or evolving regulatory requirements. You are responsible for verifying outputs and ensuring compliance before use.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive.

These Terms shall be interpreted and governed by the laws of the jurisdiction, district court Leopoldstadt - Vienna - Austria, in which Monkaru is incorporated, without regard to conflict of law provisions.

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the relevant arbitration association.

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

If you have any questions about these Terms, please contact us:

For GDPR-related inquiries, please contact our team at support@monkaru.at