Terms of Service

“Customer Data” means all documents, files, information, and other content submitted to the Service by or on behalf of Customer, together with all analyses, reports, extractions, findings, and other outputs generated by the Service from such submissions. Customer Data includes Counterparty Data.

“Counterparty Data” means Customer Data containing information about persons other than Customer or Customer’s client, including opposing parties in litigation, obtained by Customer through voluntary disclosure, compulsory financial disclosure, discovery, subpoena, or other lawful process.

“Matter” means a discrete case, engagement, or file created by Customer within the Service to which Customer Data is associated.

“Subprocessor” means any third party engaged by Mona to process Customer Data in connection with providing the Service, as further described in the DPA.

2.1 The Service. Mona provides an AI-assisted forensic financial analysis platform for legal professionals. The Service reads and analyzes financial documents submitted by Customer, extracts and cross-references financial data, and generates analyses and findings for Customer’s review. The Service is a litigation support and document analysis tool that operates under Customer’s direction and supervision.

2.2 Attorney Attestation. By creating an account, Customer, and each individual who accepts this Agreement on Customer’s behalf, represents and warrants that:

• (a) Customer is an attorney in good standing admitted to practice in at least one U.S. jurisdiction, or a law firm comprising such attorneys, and each individual user of the account is such an attorney or an employee or agent acting under the supervision of such an attorney;
• (b) Customer will use the Service solely in connection with the legal representation of clients or Customer’s own internal legal work;
• (c) all documents and information Customer submits to the Service have been obtained lawfully in the course of such representation, including through voluntary client disclosure, compulsory financial disclosure, discovery, subpoena, or other lawful process; and
• (d) Customer’s use of the Service complies with the rules of professional conduct of each jurisdiction in which Customer practices, including Customer’s obligations regarding client confidentiality and the supervision of nonlawyer assistance.

2.3 Accounts. Customer is responsible for maintaining the confidentiality of its account credentials and for all activity under its account. Customer will promptly notify Mona of any unauthorized use of its account.

3.1 Ownership. As between the parties, Customer retains all right, title, and interest in and to Customer Data. Mona acquires no rights in Customer Data other than the limited license in Section 3.2. To the extent Mona obtains any right, title, or interest in outputs generated by the Service, Mona hereby assigns such right, title, and interest to Customer.

3.2 License to Provide the Service. Customer grants Mona a limited, non-exclusive, non-transferable license to host, process, transmit, and display Customer Data solely as necessary to (a) provide the Service to Customer; (b) maintain, support, and secure the Service, including diagnosing and remediating defects as described in Section 4.3; and (c) comply with applicable law. This license terminates upon deletion of the applicable Customer Data.

3.3 Analysis Is the Service. For the avoidance of doubt, the processing of Customer Data — including Counterparty Data — through Mona’s analytical systems, including artificial intelligence models operated by Mona’s Subprocessors, in order to generate analyses, extractions, and findings for Customer, is the core function of the Service and is expressly permitted under this Agreement. Such processing does not constitute training as prohibited by Section 5.

4.1 Acknowledgment. Customer may submit documents containing information about persons other than Customer’s client, including opposing parties, obtained through lawful disclosure or discovery. Mona processes Counterparty Data under the heightened restrictions of this Section 4, which apply regardless of whether the Counterparty Data would qualify as personal information under any privacy statute.

4.2 Restrictions. Mona will process Counterparty Data subject to the following restrictions:

• (a) Counterparty Data is processed solely to provide the Service to Customer for the Matter in which it was submitted, including the analysis described in Section 3.3;
• (b) Counterparty Data is never used to train, fine-tune, or improve any artificial intelligence or machine learning model, in accordance with Section 5;
• (c) Counterparty Data is never aggregated, cross-referenced, or matched against data from any other Matter or any other customer’s account;
• (d) Counterparty Data is deleted in accordance with Section 9 and the DPA, including upon deletion of the associated Matter; and
• (e) Mona will not use Counterparty Data for analytics, product development, marketing, or any purpose other than delivering the Service to Customer, except as expressly permitted by Section 4.3.

4.3 Service Maintenance Exception. Notwithstanding Sections 4.2(e) and 3.2, Mona may access and use Customer Data, including Counterparty Data, solely as necessary to diagnose, reproduce, and remediate a defect, error, or security incident in the Service, or to respond to a support request initiated by Customer. Any such access will be (a) limited to personnel who need it for that purpose and who are bound by confidentiality obligations at least as protective as those in this Agreement; (b) limited in scope and duration to what the diagnosis or remediation requires; (c) logged; and (d) where reasonably practicable, performed on de-identified data. Data accessed under this Section 4.3 remains Customer Data subject to all restrictions of this Agreement, including Section 5.

5.1 Covenant. Mona will not use Customer Data, including Counterparty Data, to train, fine-tune, or otherwise improve any machine learning or artificial intelligence model, whether operated by Mona or by any Subprocessor.

5.2 Subprocessor Flow-Down. Mona’s agreements with its artificial intelligence model Subprocessors prohibit those Subprocessors from using Customer Data to train their models, and Mona will not engage any artificial intelligence Subprocessor whose terms do not include such a prohibition. As of the date of this Agreement, Mona’s artificial intelligence model Subprocessor is Anthropic, PBC, whose Commercial Terms of Service provide that it may not train models on customer content submitted through its commercial services (verified against Anthropic’s published Commercial Terms of Service as of July 26, 2026).

5.3 Survival. This Section 5 survives termination of this Agreement and applies to Customer Data for so long as it is in Mona’s or any Subprocessor’s possession or control.

6.1 Customer Data Is Confidential. All Customer Data is Customer’s Confidential Information. Mona will (a) hold Customer Data in strict confidence; (b) not disclose Customer Data to any third party other than Subprocessors bound by written obligations at least as protective as this Agreement; (c) use Customer Data solely as permitted by Sections 3, 4, and 5; and (d) protect Customer Data using at least the safeguards described in the DPA. Mona acknowledges that Customer Data may include information protected by the attorney-client privilege, the work-product doctrine, and Customer’s duty of confidentiality under applicable rules of professional conduct, and that the parties intend that submission of Customer Data to the Service preserve, and not waive, all such protections.

6.2 Compelled Disclosure. If Mona is compelled by law, regulation, or legal process to disclose Customer Data, Mona will, unless legally prohibited, promptly notify Customer before disclosure so that Customer may seek a protective order or other remedy, and will disclose only the portion of Customer Data legally required and will use reasonable efforts to ensure it is treated confidentially.

6.3 Mutual Confidentiality. Each party will protect the other party’s non-public business, technical, and financial information disclosed in connection with this Agreement with the same care it uses for its own similar information, and no less than reasonable care, and will use such information only in connection with this Agreement.

7.1 Attorney in the Loop. The Service is a nonlawyer assistant within the meaning of ABA Model Rule 5.3 and its state analogues. All analyses, findings, flags, and outputs of the Service are drafts prepared for Customer’s review and require independent verification by Customer before any use in a proceeding, filing, negotiation, or client communication. The Service does not file, send, or transmit anything to any court, party, or third person except through Customer’s action.

7.2 No Legal Advice. Mona is not a law firm and does not provide legal advice. The Service provides document analysis and litigation support at Customer’s direction. Customer remains solely responsible for all professional judgments, all work product, and all obligations to Customer’s clients and to tribunals.

7.3 Output Accuracy. Customer acknowledges that outputs generated by artificial intelligence systems may contain errors or omissions and must not be relied upon without independent verification against the underlying source documents, which the Service identifies for each finding where available.

8.1 Fees. Fees, billing, and payment terms are stated in Customer’s order form, which is incorporated into this Agreement by reference.

9.1 Term. This Agreement begins when Customer creates an account and continues until terminated as provided herein.

9.2 Termination. Customer may terminate this Agreement at any time by closing its account. Either party may terminate for material breach uncured within thirty (30) days of written notice. Mona may suspend the Service immediately for a violation of Section 2.2 or a threat to the security or integrity of the Service, with notice to Customer.

9.3 Deletion on Demand. Customer may delete any Matter at any time through the Service, and may have its entire account deleted on written request to Mona. Deletion of a Matter deletes all Customer Data associated with that Matter, including Counterparty Data. Deleted Customer Data is removed from the Service’s active systems promptly and from backup systems in the ordinary rotation of such backups, not to exceed 30 days.

9.4 Retention Default; Account Closure. Customer Data associated with an active account persists until Customer deletes it. Upon closure of Customer’s account for any reason, Mona will delete all Customer Data within thirty (30) days, subject to Section 9.3’s backup-rotation period. Customer is responsible for exporting any Customer Data it wishes to retain before deletion, consistent with Customer’s own file-retention obligations under applicable rules of professional conduct; the Service lets Customer download the documents it has submitted for this purpose.

9.5 Survival. Sections 3.1, 4, 5, 6, 7, 9.3–9.5, 10, 11, 12, and 13, and the DPA’s deletion and confidentiality provisions, survive termination.

10.1 Mutual Warranties. Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

10.2 Mona Warranties. Mona warrants that (a) it will provide the Service in material conformity with its documentation; (b) it will comply with Sections 4, 5, and 6 and the DPA; and (c) it will provide the Service in compliance with applicable law.

10.3 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND MONA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MONA DOES NOT WARRANT THAT OUTPUTS WILL BE ERROR-FREE OR COMPLETE. THIS DISCLAIMER DOES NOT LIMIT THE WARRANTIES IN SECTION 10.2 OR MONA’S OBLIGATIONS UNDER SECTIONS 4, 5, AND 6 AND THE DPA.

11.1 Cap. EXCEPT AS PROVIDED IN SECTION 11.3, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO MONA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11.2 Exclusion of Consequential Damages. EXCEPT AS PROVIDED IN SECTION 11.3, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Carve-Outs. The limitations in Sections 11.1 and 11.2 do not apply to (a) Mona’s breach of Section 5 (No-Training Covenant); (b) either party’s breach of Section 6 (Confidentiality) or Mona’s breach of the DPA; (c) either party’s indemnification obligations under Section 12; (d) Customer’s payment obligations; or (e) either party’s gross negligence, willful misconduct, or fraud.

12.1 By Mona. Mona will defend and indemnify Customer against third-party claims alleging that the Service, as provided by Mona and used as permitted by this Agreement, infringes a third party’s intellectual property rights, and will pay resulting damages finally awarded or agreed in settlement.

12.2 By Customer. Customer will defend and indemnify Mona against third-party claims arising from (a) a breach of Customer’s representations in Section 2.2, including the submission of documents not lawfully obtained; or (b) Customer’s use of Service outputs in violation of Section 7.

12.3 Procedure. The indemnified party will give prompt notice of the claim, tender sole control of the defense and settlement to the indemnifying party (provided any settlement releasing the indemnified party requires no admission or payment by it), and provide reasonable cooperation.

13.1 Governing Law. This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws principles.

13.2 Forum. The state and federal courts sitting in Nassau County, New York (including, for federal actions, the United States District Court for the Eastern District of New York) have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, and each party consents to personal jurisdiction and venue there and waives any objection of inconvenient forum.

14.1 Amendments. Mona may update this Agreement prospectively by posting a revised version and notifying Customer at least thirty (30) days before it takes effect; provided that no amendment may weaken Sections 4, 5, or 6 or the DPA with respect to Customer Data already submitted without Customer’s express consent. Customer’s continued use after the effective date constitutes acceptance.

14.2 Assignment. Neither party may assign this Agreement without the other’s consent, except to a successor in a merger, acquisition, or sale of substantially all assets, provided the successor assumes all obligations under this Agreement, including Sections 4, 5, and 6 and the DPA.

14.3 Notices. Notices must be in writing and are effective when sent to the email address associated with Customer’s account (for Customer) or to gordonliu1106@gmail.com (for Mona).

14.4 Miscellaneous. This Agreement, including the DPA, is the entire agreement between the parties regarding its subject matter and supersedes all prior discussions. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in effect. Failure to enforce a provision is not a waiver. The parties are independent contractors. There are no third-party beneficiaries, except that Customer’s clients’ confidentiality protections under Section 6 are intended for their benefit but enforceable only by Customer.