Terms of Service

These Terms of Service (“Terms”) govern the use of the MonuDesk software platform (“MonuDesk”, “Service”) provided by RodinGroup, Brunnenstrasse 23, 65835 Liederbach, Germany (“we”, “our”, “us”).

By creating an account or using the Service, you (“Customer”, “you”) acknowledge that you have read, understood, and agreed to be bound by these Terms.

MonuDesk is intended exclusively for business customers located in the United States as defined by § 14 of the German Civil Code (BGB). Use by consumers (§ 13 BGB) is expressly excluded.

1. Scope of Application

1.1. These Terms apply to all contractual relationships between RodinGroup and the Customer concerning the use of MonuDesk, including free and paid versions.

1.2. Conflicting or deviating general terms and conditions of the Customer shall not apply, even if we do not expressly object to them.

1.3. Individual written agreements shall take precedence over these Terms.

2. Description of Service

2.1. MonuDesk is a cloud-based software platform developed for companies in the headstone and monument industry. It enables business users to manage quotations, orders, and designs within one system.

2.2. The scope of features may differ depending on the selected subscription plan. We reserve the right to expand, modify, or restrict features at any time if such changes are reasonable for the Customer.

2.3. The Service is under ongoing development. We may release beta or experimental functions that can be changed or discontinued at any time.

3. Account Registration and Access

3.1. Use of MonuDesk requires registration of a business account. The Customer must provide complete and accurate information during registration and update it as necessary.

3.2. The Customer is responsible for safeguarding login credentials and for all activities conducted under its account.

3.3. We reserve the right to suspend or terminate access if the Customer breaches these Terms or applicable law.

4. Paid Subscriptions and Fees

4.1. Certain features of MonuDesk may be offered as paid subscription plans (“Paid Services”).

4.2. Subscription terms, pricing, and billing intervals will be displayed before purchase. All prices will be stated in U.S. Dollars (USD).

4.3. By selecting a Paid Service, the Customer agrees to pay all applicable fees in accordance with the stated terms.

4.4. All prices are exclusive of applicable taxes unless expressly stated otherwise.

4.5. Payments are due immediately upon invoicing and processed via the payment methods provided within the Service.

4.6. We may adjust prices with reasonable prior notice to reflect operational costs, currency fluctuations, or service improvements. Customers may terminate their subscription before such changes take effect.

4.7. The Customer may not offset or withhold payments unless such counterclaims are undisputed or legally established.

5. Term and Termination

5.1. Unless otherwise stated, subscriptions automatically renew for successive billing periods unless terminated by either party with a notice period of fourteen (14) days prior to the end of the current term.

5.2. Either party may terminate this Agreement for cause if the other materially breaches its obligations and fails to remedy the breach within a reasonable period.

5.3. Upon termination, the Customer’s access to the Service will be disabled. We may retain data for accounting or legal compliance as required under German law.

6. Intellectual Property

6.1. All rights, title, and interest in and to MonuDesk, including software, documentation, trademarks, and interface design, remain the exclusive property of RodinGroup or its licensors.

6.2. The Customer receives a limited, non-exclusive, non-transferable right to use the Service for internal business purposes during the subscription term.

6.3. The Customer retains all rights to its own data and content. The Customer grants us a limited right to process such data only as necessary to operate and improve the Service.

7. Data Protection and Confidentiality

7.1. Personal and business data are handled in compliance with the EU General Data Protection Regulation (GDPR) and German data protection laws, as described in our Privacy Policy.

7.2. Each party must treat confidential information of the other as strictly confidential and use it solely for the purposes of this Agreement.

8. Availability and Service Level

8.1. We aim to provide reliable access to the Service but do not guarantee uninterrupted availability.

8.2. Temporary interruptions may occur due to maintenance, system updates, or technical circumstances beyond our control. Reasonable notice will be provided where feasible.

9. Customer Obligations

9.1. The Customer shall use the Service solely in accordance with applicable laws and these Terms.

9.2. The Customer is responsible for the legality and accuracy of all content and data uploaded or generated through its account.

9.3. The Customer shall not misuse the Service, attempt to gain unauthorized access, or interfere with its operation.

10. Warranties and Disclaimer

10.1. MonuDesk is provided “as is” and “as available”. We make no express or implied warranties regarding the Service’s suitability, accuracy, or availability, except where required by law.

10.2. Minor interruptions or technical limitations that do not significantly affect the use of the Service do not constitute a defect.

11. Limitation of Liability

11.1. Our liability, irrespective of the legal basis, is limited to cases of intent or gross negligence.

11.2. In cases of slight negligence, we shall be liable only for breaches of essential contractual obligations (cardinal duties). In such cases, our liability is limited to the typical, foreseeable damage.

11.3. The above limitations do not apply to liability under the German Product Liability Act or for damages resulting from injury to life, body, or health.

11.4. Claims for damages by the Customer expire within one (1) year unless mandatory law prescribes a longer period.

12. Indemnification

The Customer agrees to indemnify and hold RodinGroup harmless from any third-party claims, damages, or expenses arising out of unlawful use of the Service or breach of these Terms.

13. Changes to the Service or Terms

13.1. We may update or amend these Terms to reflect changes in law, technology, or our business model.

13.2. The Customer will be notified of any material amendments before they take effect. Continued use of the Service after such changes constitutes acceptance of the new Terms.

14. Governing Law and Jurisdiction

14.1. These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2. The exclusive place of jurisdiction for all disputes arising from or related to these Terms shall be Frankfurt am Main, Germany, provided the Customer is a merchant (“Kaufmann”) within the meaning of the German Commercial Code.

15. Final Provisions

15.1. Should any provision of these Terms be or become invalid, the remaining provisions shall remain unaffected.

15.2. Amendments or supplements must be made in writing.

15.3. These Terms constitute the entire agreement between RodinGroup and the Customer concerning the use of MonuDesk.

RodinGroup

Brunnenstrasse 23

65835 Liederbach, Germany

Email: info@monudesk.com