Terms and Conditions

May 2024

Interpretation

Definitions. In these Terms, the following definitions apply:

1. Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

2. Charges: the charges payable by the Client for the supply of the Services in accordance with clause 6.

3. Terms: these terms and conditions as amended from time to time in accordance with clause 11.1.

4. Contract: the contract between the Supplier and the Client for the supply of Services in accordance with these Terms.

5. Client: the person or firm who purchases Services from the Supplier.

6. Deliverables: the deliverables produced by the Supplier for the Client. 

7. Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

8. Services: the services, including the Deliverables, supplied by the Supplier to the Client.

9. Supplier: As Yet Unknown Limited registered in England and Wales with company number 14830356.

Construction. In these Conditions, the following rules apply:

1. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

2. a reference to a party includes its successors or permitted assigns;

3. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

4. any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

5. a reference to writing or written includes faxes and e-mails.

1. Introduction

1.1 We are As Yet Unknown Ltd, doing business as Monika (“Supplier”, “Company”, “we,” “us,” “our”), a company registered in the United Kingdom at 71-75 Shelton Street, London, WC2H 9JQ.

We operate the website https://m-o-n-i-k-a.com/ (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Terms”) (collectively, the “Services”).

These Terms govern the use of our brand name generation services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use our Services.

2. Services

2.1 Our Services include the use of artificial intelligence algorithms to generate brand names based on criteria provided by the user (“User” or “you”). We aim to provide users with creative and unique brand name recommendations suitable for their specific business needs.

2.2 While we strive to provide accurate and relevant brand name suggestions and their associated trademark availability, we do not guarantee the suitability, availability, or legal compliance of any generated names for your specific purposes.

2.3 Users are solely responsible for conducting their own due diligence, including but not limited to trademark searches, to ensure the availability and legality of chosen brand names. We recommend consulting with legal professionals for guidance on trademark registration and intellectual property rights.

2.5 We shall use all reasonable endeavours to meet any performance dates, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

2.6 We have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services. We shall notify you in any such event.

3. Intellectual Property

3.1 We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your internal business purpose only.

3.2 As Yet Unknown Ltd will make use of any proprietary information provided by the Client solely for the purposes of developing names against their brief. No further usage of this information, nor the licensing of any associated marks, is permitted under this agreement.

3.3 All Intellectual Property Rights in, or arising out of, or in connection with the Services shall be owned by As Yet Unknown Ltd. All Intellectual Property Rights in the Deliverables shall be owned by the client on payment in full of the charges or on receipt of the final deliverable — whichever comes later.

4. Confidentiality

4.1 A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause shall survive termination of the Contract.

4.2 As Yet Unknown Ltd utilises a bespoke suite of models and mutations to generate brand names. The majority of these models and mutations are built using OpenAI’s GPT-4 API. We do not use ChatGPT, nor a proprietary closed-loop generative AI tool. For further information on OpenAI’s privacy and security measures, please visit: https://openai.com/enterprise-privacy

4.3 If you adopt a name generated by As Yet Unknown Ltd, we request the right to display the mark of your brand on the Monika website and within a small number of social media posts. Any such request will be made to you in writing in advance of us publishing said information.

5. User registration

5.1 You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

6. Payment and Fees

6.1 Our Services may be offered on a subscription basis or a pay-per-use model. Users agree to pay the fees associated with their chosen service plan, as outlined on our website or as agreed upon in a separate agreement.

6.2 Fees are non-refundable once paid. We reserve the right to change our fee structure and pricing at any time, with prior notice to users.

6.3 We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

7. Prohibited activities 

7.1 You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or content from the Services to create a collection or database without written permission from you.
• Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services. This includes features that prevent/restrict the use of any content limits site usage.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Harass, abuse, or harm another person using any information obtained from the Services.
• Make improper use of our support services, or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in framing or linking to the Services without authorisation.
• Attempt to upload or transmit viruses, Trojan horses, or other materials (including excessive use of capital letters and spamming) that interferes with any party’s uninterrupted use of the Services and its features.
• Use scripts, data-mining, robots, or similar data gathering tools to send comments or messages.
• Delete the copyright or other proprietary rights notice from any content.
• Impersonate another user or person or use the username of another user.
• Upload any materials that actively or passively collects information or acts as a transmission mechanism (includes gifs, 1×1 pixels, web bugs, cookies, spyware, pcms, etc.)
• Interfere with, disrupt, or create an undue burden on the Services, networks, or services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Bypass measures of the Services designed to prevent/restrict access.
• Copy/adapt the Services’s software (includes Flash, PHP, HTML, JavaScript, or other code).
• Decipher, decompile, disassemble, or reverse engineer any of the software that makes up the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
• Use any automated system (spiders, robots, cheat utility, scraper, offline reader) to access the site, or launch any unauthorised script or software (Unless as a result of a standard search engine or internet browser usage).
• Use the Services in an unauthorised way (collecting usernames, email addresses, of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences).
• Use the Services in an effort to compete with us, or otherwise use the Services and/or the content Content for any revenue-generating endeavour or commercial enterprise.

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8. Privacy Policy

8.1 We are committed to protecting your privacy and safeguarding your personal information. Our Privacy Policy outlines how we collect, use, and disclose your personal information in connection with our Services. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

9. Limitation of Liability

9.1 In no event will we or our Directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. 

9.2 Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us. We do not guarantee the availability, accuracy, or reliability of our Services, and users agree to use our Services at their own risk.

10. Indemnification

10.1 You agree to indemnify and hold harmless As Yet Unknown Ltd, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses arising out of your use of our Services or violation of these Terms.

11. Modifications

11.1 We reserve the right to modify or update these Terms at any time without prior notice. Changes to the Terms will be effective upon posting on our website. By continuing to use our Services after any such changes, you accept and agree to be bound by the modified Terms.

12. Governing Law and Jurisdiction

12.1 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

13. Contact Information

13.1 If you have any questions or concerns about these Terms or our Services, please contact us at h-e-l-l-o@m-o-n-i-k-a.com