[ Monarch ]

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Monarch
Legal

Terms of Service

Last updated: 2026-09-12

[ DRAFT ] This is a working draft, not a finished agreement. It must be reviewed by a French tech lawyer before the product is offered publicly for payment, and a French-language version is likely required for consumers in France (ADR 0011). The Acceptable Use section is the one part that already reflects firm limits. Sections 5, 7, 9, and 11 are now drafted too, but unconfirmed; Sections 6, 8, and 12 have specific open items marked [TO COMPLETE] inline — §8 (Liability) in particular should not be relied on before counsel signs off on it specifically.

1. Purpose

These terms govern use of Monarch (the « Service »), an AI chat application. By using the Service you accept them. If you do not, do not use the Service.

2. Eligibility & account

  • —You must be 18 or older to use the Service. The Service can produce adult content and is not intended for minors.
  • —The Cloud model requires an account (email and password). The on-device Local model requires no account. Either way, you are responsible for activity under your account and for keeping your credentials safe.
  • —You must have the legal capacity to enter into a contract. One account per person. Any information you give us (for an account, or in the contact form) must be accurate.

3. The Service is AI, and provided “as is”

  • —Responses are generated by a language model. They can be wrong, offensive, or fabricated. They are not advice — do not rely on them for medical, legal, financial, or safety decisions.
  • —The Service is provided without warranty of availability, accuracy, or fitness for a particular purpose, to the extent permitted by law.
  • —You are responsible for your prompts and for how you use the output.

4. Acceptable use — hard limits

The Service is intended for research, education, journalism, creative work, analysis, and authorised security testing. It is not a tool for committing offences against other people or their systems, property, or accounts.

Calling the Service « uncensored » refers to the absence of routine topic filtering. It does not permit, and you must not use the Service to generate, request, store, or distribute:

  • —Child sexual abuse material, or any sexualisation of minors.
  • —Non-consensual intimate imagery or sexual content depicting a real, identifiable person.
  • —Content that incites, facilitates, or provides operational instructions for terrorism or mass violence.
  • —Instructions to produce weapons, explosives, or to synthesise drugs or toxins for real-world use.
  • —Doxxing — compiling or publishing private information to threaten or harass — or targeted harassment of an individual.
  • —Malware, intrusion tooling, or fraud (including deepfakes made to defame, impersonate, or deceive).
  • —Content that infringes someone else's intellectual property or other rights, or instructions whose purpose is to help violate a third party's rights.
  • —Anything otherwise unlawful under applicable French or EU law.

You also must not:

  • —access the Service through any bot, script, scraper, or other automated means, or send looped or bulk requests through the web interface — it is for individual, interactive use;
  • —attempt to do, or help, enable, pay, encourage, or instruct anyone else to do, anything prohibited by this section, or glorify or celebrate it.

We may suspend or terminate access, and remove content, for any breach of this section, and may report unlawful content to the competent authorities. To report abuse or unlawful content, email abuse@reply.usemonarch.app.

5. Intellectual property in prompts and output

You keep all rights to the prompts you write. The output generated in reply is yours to use. Note that the copyright status of AI-generated content is unsettled under French and EU law — content produced with little human creative input may not be protectable by copyright at all.

By submitting a prompt, you grant us a limited, non-exclusive licence to process it (and the resulting output) solely to operate the Service — for example, routing it to our model provider and streaming the reply back to you. Since conversations are never stored on our servers (see the Privacy Policy), this licence doesn't extend beyond that one exchange — we don't retain or reuse your content. You are responsible for making sure you have the rights to anything you submit, and output may also be subject to the underlying model provider's own usage terms.

6. Payment

Paid plans (« Pro ») are paid up front, for a fixed period, and do not auto-renew. You can pay by card or in cryptocurrency; the price depends on which you choose. Details, including the price for each method and how entitlement is granted and when it lapses, are described on the upgrade page. Prices shown don't include taxes; you're responsible for any tax applicable to your purchase.

All payments are final, whichever method you use. We don't offer refunds; cryptocurrency payments also can't be reversed on our end. Because access is granted to you immediately once payment is confirmed, you expressly request immediate performance of the Service and, to the extent permitted by law, waive the 14-day right of withdrawal that would otherwise apply to digital content not supplied on a physical medium (Article L221-28 of the French Consumer Code). [TO COMPLETE: counsel to confirm this waiver is validly obtained this way — French law generally expects an explicit, separate acknowledgement (e.g. a checkbox at checkout) at the moment of payment, not just a clause in the Terms; the checkout flow doesn't exist yet (`PAYMENTS_LIVE` is off for the beta), so this should be designed in before it does. Card payments also introduce chargeback mechanics (a payer can dispute through their bank regardless of this clause) — counsel to advise on how to handle disputes and whether any wording here helps]

7. Suspension & termination

You can stop using the Service and delete your account at any time. We may suspend or terminate access for breach of these terms, for legal reasons, to protect the security, integrity, or availability of the Service, to prevent abuse of the free tier, or for non-payment — with notice where appropriate and reasonably practicable.

8. Liability

To the maximum extent permitted by law: our total liability arising from or related to the Service is limited to the amount you paid us in the 12 months before the event giving rise to the claim, or €100 if you paid nothing. We are not liable for indirect, incidental, or consequential damages, including loss of data, profits, or opportunity. Nothing here excludes or limits liability that cannot be excluded under French law — including for death or personal injury caused by negligence, fraud, or wilful misconduct, or the mandatory conformity remedies consumers are entitled to under the EU Digital Content Directive (2019/770).

[TO COMPLETE: this draft has NOT been confirmed as sufficient — the Digital Content Directive gives consumers a specific remedy hierarchy (bringing content into conformity, price reduction, contract termination) that a bare damages cap may not satisfy on its own; counsel must review this clause specifically before it's relied on]

9. Indemnification

You agree to indemnify and hold us harmless from any third-party claim, cost, or damage arising from your use of the Service in breach of these terms or applicable law, or from content you submit or generate in breach of Section 4. [TO COMPLETE: wording to be confirmed by counsel]

10. Personal data

Processing of personal data is described in the Privacy Policy.

11. Changes

We may update these terms. Any change is effective when the « Last updated » date on this page changes. For a material change, we'll also try to notify you directly if you have an account (e.g. by email) before it takes effect. Continuing to use the Service after a change takes effect means you accept the revised terms.

12. Governing law & disputes

These terms are governed by French law. If you are a consumer, you can also use the European Commission's Online Dispute Resolution platform.

[TO COMPLETE: operator action, not wording: French law requires B2C services to offer a free, approved consumer mediator (e.g. CM2C) before a dispute reaches court — subscribe to one and name it + its address here before public paid launch]

[TO COMPLETE: the competent court once the company is registered (typically the court of the registered office)]

Contact

General: contact@reply.usemonarch.app · Abuse / unlawful content: abuse@reply.usemonarch.app. Publisher: Monarch — full identity in the Privacy Policy.