Monstro Terms and Condition

These Terms of Service ("Terms" or "Agreement") is a contract between the Customer ("You" or "Your") and Monstro or 8BitApp LLC ("Us" or "We" or "Our"). We describe the services provided when you sign up for an account with Us, define aspects of our business relationship, and set forth the terms and conditions that apply to your access to and use of the websites, products, and services owned and operated by Us. Using our Subscription Services or signing up for Monstro indicates agreement with, and acceptance of, these Terms.

This is a legal contract, so if you are entering into this agreement on behalf of a company, government agency, organization, or other legal entity, you represent that you have the authority to bind such an entity to these Terms.

We will not knowingly accept this Agreement from anyone under the age of eighteen (18) years, or who lacks the logical capacity to understand these Terms. Neither will we knowingly collect their Personal Data or Information, as defined below.

When you accept this Agreement, you are also agreeing to our Privacy Policy, which forms part of these Terms. These Terms and our Privacy Policy may be amended at any time, with or without notice or notification, so we recommend periodically reviewing them, as continued use of the Site and/or Services indicates acceptance of the latest version of each. We also suggest printing or saving a local copy of these Terms, and the Privacy Policy for your records.

In this Agreement: "Customer", "you" and "your" means the Customer; "Monstro", "Company", "we", "our" and "us" means 8BitApp LLC ("Monstro") and/or our authorized service providers.

1. General Terms

Account: An Account is created when an individual, company, or other entity, or any representative of such, signs up to the Monstro platform with a username and password. Accounts may contain Content, Materials, pages, pop-ups, sticky bars, and other features Monstro may add from time to time. Accounts can either be free (called "Free Plans" or "Free Accounts") or paid Subscriptions.

Account Owner: The person, company, corporation, organization, or other entity whose name appears on the credit card that pays for the Monstro Subscription.

Advertisement Creatives and Copies: All Facebook, Google, TikTok, or YouTube advertisement and templates (including copy + creatives) provided by Monstro.

Add-On: Customer sub-accounts, users, domains, and other features we may develop in the future that you have the option of adding to your Account based on Subscription level, which may or may not include an additional fee.

Aggregated Data: Data that does not contain Personal Data and which has been manipulated or combined to provide generalized, anonymous information.

Agreement: These Terms of Service and any materials, contracts, conditions, or other documents referenced or linked to herein, without limitation.

Beta Test: Alterations to the Services, modifications to how the Services are offered or provided, and changes to the software; usually designed to test for bugs, and usability issues, or to evaluate user experience.

Cancellation/Downgrade to Free: Removing subscription fees and paid features from an Account.

Claims: An assertion of entitlement to monetary, proprietary, or other judicially-enforceable redresses.

Commercial Electronic Messages: Emails containing newsletters, blogs, and other marketing materials.

Commercial Partners: A company with which Monstro has established a professional relationship, via a partnership contract or other legally binding agreement(s).

Confidential Information: Information marked confidential, identified as confidential at the time of disclosure, or that ought reasonably to be considered confidential, whether received in writing, visually, electronically, or orally. Confidential information includes, but is not limited to: technical information, marketing, and business plans, databases, specifications, formulations, tooling, prototypes, sketches, models, drawings, procurement requirements, engineering information, samples, computer software (source and object codes), forecasts, the identity of or details about actual or potential Customers or projects, techniques, inventions, discoveries, know-how, and trade secrets. "Confidential Information" also includes all such business or technical information of any Third Party that is in Monstro's possession.

Content: Text, images, logos, documents, HTML, Javascript, CSS, and other codes and intellectual property that are either open-source or owned by or licensed to you, and that you have added to your Account.

Customer: Any person, organization, or other entity that has signed up for an Account, at any level.

Customer Goods: Products or services owned and sold by our Customers.

Feedback: Comments received orally, in writing, or electronically, from current, past, or potential Customers. Feedback may include ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our Services, the Site, features, customers, Customer Support, documentation, our business, affiliates, partners, licensors, or employees.

Funnels: All pre-installed funnel templates are provided by Monstro, including images, background images, and quizzes/surveys.

Hosted Site: Any website hosted by us for you as part of the Services.

Inactive User: A Monstro Account owner, on a Free Plan/Free Account, who has not logged in for twelve (12) months.

Indemnified Parties: Monstro, its subsidiaries, affiliates, co-branders, licensors, all third-party advertisers, technology providers, service providers, or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives.

Lead: A potential customer who has provided their phone number and/or email.

Licensors: Any company, individual, or other entity from which Monstro has licensed the use of its hardware, software, services, or other products and intellectual property.

Marketing Automation: All marketing, follow-up, and nurture automation templates provided by Monstro. These can be email, voicemail drop, or text message ("SMS") templates created and provided by Monstro.

Materials: Anything provided by or through Monstro, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to, software, informational text, documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof.

Monitor/Monitoring: Oversight into Customer behavior (including but not limited to how the Site and Services are being used and the Content added to Accounts), examination of traffic to specific pages, the functioning of the Site and Services, and other investigatory processes as needed, whether conducted via software/electronically or by Monstro employees.

Page Builder: Monstro's page creation and editing platform, where your pages, popups, and sticky bars are constructed.

Personal Information/Personal Data: Any information such as name, email, phone number, or IP address, that can be used to identify a person.

Profile/Profile Information: All information in the "Your Profile" section of the application, including, but not limited to, full name, email address, password, profile picture, newsletter features, and subscription level.

Providing Services: Access to and support for the Monstro platform, including the Page Builder, Page Overview, and other features available within each Subscription/Account level.

Sensitive Information: Credit or debit card numbers; personal financial information; Social Security/Social Insurance Numbers; passport numbers; driver's license numbers or similar identifiers; racial or ethnic origin; religious affiliation; sexual orientation; physical or mental health condition or information; biometric information; political affiliation; membership in a union; or other employment, financial or health information, including any information subject to regulations, laws, or industry standards designed to protect data privacy and security.

Services: The Monstro platform/application, and all features therein, including but not limited to: Monstro's application program interface (API), lead collection, storage, and transfer capabilities, and the ability to create, publish, and A/B test customizable landing pages, websites, pop-ups, and sticky bars.

Subscription: A Subscription to Monstro encompasses access to paid features.

Subscription Period: The thirty-day or annual period between billings.

Third Party: Any organization or person, other than you or Monstro. This includes, but is not limited to: CRM/CMS systems, email marketing software, billing and shopping cart/check-out platforms, PPC conversion tracking codes, analytics, and other tracking software, non-Monstro forms, file hosting/sharing platforms, and any organization or person with which you or Monstro conducts business or integrates.

Trial Period: The period of a new Subscription, prior to billing, wherein you have access to paid features for 14 days. You agree that you will not create additional Accounts for the purpose of obtaining additional Trial Periods.

Trial Program: A temporary release of a new feature that may later be added to a Subscription for an additional fee.

User ID: Your Monstro username and password, which may include the email address under which your Account was created.

Your Customers: The visitors who access your Monstro page(s) and may or may not purchase your products or services or complete your conversion goal. This agreement does not apply to, or bind, any Third Party.

2. Customer's Responsibilities

You are responsible for providing any and all information and access that are required and requested by the Company to ensure maximum performance of the campaign. You are responsible for any delay due to your failure to provide information and access requested by us.

3. Pricing and Services

The Company agrees to provide services to you commencing on the date this agreement is signed. The scope of services along with pricing to be provided by the Company shall include, but is not limited to:

3.1 Service Packages

3.1.1 Complete Business-in-a-box Package

This package includes:

a) Strategic Business Development Services:

• Six (6) monthly personalized one-to-one coaching sessions
• Group coaching sessions focused on business growth and development
• Comprehensive sales and operations documentation including:
  • Detailed phone scripts for customer acquisition
  • Standardized sales process documentation
  • Systematic referral generation procedures
  • Complete operations manual covering hiring procedures, sales processes, customer retention strategies, and promotional guidelines

b) Digital Infrastructure Development:

• Monstro’s 10-page website template revised with your business’ logo, colors, images, and text
• Implementation of customized AI and automation sequences
• Three (3) months of professional SEO services
  • Monthly Reporting
  • Backlink Building
  • Onpage Optimization
  • Google Business Profile Optimization
  • 4 – 10 Content/Blog Post Creation

c) Software and Support Services:

• Twelve (12) months unlimited access to all software features
• Ninety (90) days of VIP technical support
• Access to weekly Sales and Marketing Q&A sessions
• Access to weekly Best Practices Q&A sessions
• Membership in exclusive Private Facebook Group

After the initial period:

• Software access defaults to Basic plan
• Support converts to basic support system tier
• Continued access to weekly Q&A sessions and Facebook Group

3.1.2 Scale Package

This package includes:

a) Digital Infrastructure Development:

• Monstro’s 10-page website template revised with your business’ logo, colors, images, and text
• Implementation of customized AI and automation sequences
• Three (3) months of professional SEO services
  • Monthly Reporting
  • Backlink Building
  • Onpage Optimization
  • Google Business Profile Optimization
  • 4 – 10 Content/Blog Post Creation

b) Software and Support Services:

• Twelve (12) months unlimited access to all software features
• Ninety (90) days of unlimited technical support
• Access to weekly Sales and Marketing Q&A sessions
• Access to weekly Best Practices Q&A sessions
• Membership in exclusive Private Facebook Group

After the initial period:

• Software access defaults to Basic plan
• Support converts to basic support system tier
• Continued access to weekly Q&A sessions and Facebook Group

3.1.3 Grow Package

This package includes:

a) Digital Infrastructure Development:

• Monstro’s five-page website template revised with your business’ logo, colors, images, and text
• Implementation of fully customized AI and automation sequences

b) Software and Support Services:

• Twelve (12) months unlimited access to all software features
• Ninety (90) days of unlimited technical support
• Access to weekly Sales and Marketing Q&A sessions
• Access to weekly Best Practices Q&A sessions
• Membership in exclusive Private Facebook Group

Special Provisions:

• All payments made under this plan may be credited towards a future Scale package upgrade
• Support converts to basic support system tier
• Support converts to ticket-based system after initial period

3.2 Support Service Tiers

3.2.1 Basic Support (Included with All Packages)

This fundamental support tier provides:

• Access to ticket-based and live-chat support only
• Participation in weekly group support Zoom calls
• Up to 2 – 5 business days response times depending on the complexity of the support issue
• Access to online knowledge base and documentation

3.2.2 Premium Support

Monthly Investment: $299

This premium support service includes:

• 3 Hours of Website Maintenance & Update Content, Picture, Images (Does not include new pages or changing website design)
• Website Security & Plugin Update Managed
• Priority access to support
• 2x time 1-on-1 30 min support Zoom calls monthly
• 24 to 48 hours respond time depending on the complexity of the support issue
• Participation in weekly group support Zoom calls
• Access to online knowledge base and documentation
• API integration support

3.2.3 Dedicated Support

Monthly Investment: $499

This dedicated support service includes:

• 10 Hours of Website Maintenance & Update Content, Picture, Images (Does not include new pages or changing website design)
• Website Security & Plugin Update Managed
• 1x Event or Funnel Setup (Seminars, Holiday Events)
• Dedicated account support agent
• Priority access to support
• 6 time 1-on-1 30 min support Zoom calls monthly
• 24 to 48 hours respond time depending on the complexity of the support issue
• Participation in weekly group support Zoom calls
• Access to online knowledge base and documentation
• API integration support
• Unlimited Graphic Design (logos, flyers, T-shirts, course covers, etc.)

3.3 Software Service Tiers

3.3.1 Basic Software

Monthly Investment: $99

Core software features include:

• Complete Highlevel (Monstro Lead Manager) platform access

3.3.2 Premium Software

Monthly Investment: $199

This software includes:

• All Basic software features
• One (1) AI Bot builder
• Access to Monstro Member Management software

3.3.3 Ultimate Software

Monthly Investment: $299

This software includes:

• All Basic software features
• Ten (10) AI Bots builder
• Access to Monstro Member Management software
• 25% discount on additional Monstro products and services
• Priority feature updates and beta access

4. Fees

You agree to pay all one-time and Subscription fees, including but not limited to fees based on Add-Ons, text message ("SMS") usage, email usage, pop-ups, and sticky bars in your Account, and all sub-accounts. Unless otherwise specified in a Subscription, such fees will be billed in advance for each month and are non-refundable. You agree that you may not be refunded or credited for partial months of service, or for periods in which your Account remains open but you do not use the Services. If you exceed any usage or fee thresholds outlined in your Subscription, we may charge you for such overages on your next invoice.

We reserve the right to modify our billing rates at time of renewal upon thirty (30) day's written notice by posting these fee changes to the Site or by notifying you via email. Should you continue to use the Services after these changes go into effect, you will be responsible for paying the new Subscription/billing rate.

By providing us with your credit card number, you agree that Monstro and our Third-Party service providers may store your payment card information. You expressly authorize us to charge you, where applicable: (i) Subscription Fees, to be billed during a Subscription Period (ii) other fees for Services purchased, including, but not limited to, Add-Ons, and (iii) taxes connected with your use of the Services.

You agree to reimburse us, where applicable, for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not update your payment card information or cancel your Subscription, you authorize us to suspend your Account until your billing details have been updated. After an Account suspension, you agree that we may re-attempt payment processing upon receiving updated billing details.

5. Term and Renewal

Your paid Subscription is valid for either a monthly or an annual Subscription Period. If you upgrade to a higher-level Subscription during the Subscription Period, you will have immediate access to those higher-level features. You agree to pay Monstro the difference between your original Subscription fee and the cost of the upgrade.

If you downgrade to a lower-level Subscription during the Subscription Period, you will receive a credit to your Account representing the difference between your original and your downgraded Subscription costs.

Changes to Subscriptions will be reflected in your next invoice. No credits or refunds will be issued for downgrading from a paid subscription to a Free Account (canceling).

Your Subscription will automatically renew for an additional Subscription Period unless you cancel (see "Cancellation and Termination" below).

6. Termination & Cancellation

You ("The Customer") may cancel your monthly Subscription at any time, either from within your Account or by sending us an email ticket at support@mymonstro.com, stating the email address affiliated with your Account. Should you contact Customer Support to request assistance with Subscription Cancellation or account deletion, Monstro reserves the right to verify your identity by asking for the last four (4) digits of the credit card on file, the type of card, the billing address, and additional security questions.

To cancel over the phone, you must verify the last four (4) digits of the credit card on file, the type of card, and the billing address, as well as answer a series of security questions.

Cancellations must be completed at least one (1) day prior to the end of your then-current Subscription Period, whether monthly or annual; otherwise, billing for the next month or year will be processed automatically. Cancellations performed after billing are not entitled to refunds, in whole or in part.

You are responsible for all charges accrued on your Account up to the time of Cancellation, including all fees within the Subscription Period in which you cancel. Upon Subscription Cancellation, you are placed on a Free Account, which Monstro shall delete within one (1) month of the date of Cancellation, unless you re-subscribe before the end of the 1-month period or make other arrangements with us to retain your Account and its affiliated Personal Data. Account deletion permanently removes all pages, popups, sticky bars, Content, and leads, as well as your email address and other Personal Data. Monstro is not responsible for any Content lost as a result of Account deletion. We reserve the right to change our data storage and processing capabilities and procedures at any time, without notice or liability, subject to applicable laws.

Monstro reserves the right to terminate this Agreement with 10 days notice, for cause, without liability. A reason for such termination may be, but is not limited to, failure to comply with these Terms. Monstro reserves the right to modify, suspend, or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with 30-days notice.

The sections "Submission of Content", "Intellectual Property Rights", "Confidential Information", "Third Party Sites and Content", "Disclaimer, Exclusion, and Limitation of Liability", "Indemnification", "Waiver of Jury Trial and Class Action Rights", and "Dispute Resolution" will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.

Upon termination, Monstro will revert Customer's DNS setting to previous IP address.

7. Additional Locations and Fees

If the Customer wishes to add additional business locations under this Agreement, a fee of $299 per month will be charged for each additional location to cover the cost of software and services. For each additional location the Customer wishes to add under this Agreement, the Customer has the option to either:

• Pay a one-time fee of $150 to add a custom page for the new location to the existing website, plus $500 one-time fee for custom programming on existing software account, or
• Add a second website and software plan at a 30% discount under the same terms.

The choice between these options must be indicated by the Customer at the time of adding the additional location, and the applicable fee will be due immediately upon selection.

11. Exclusivity

Monstro agrees that, for the duration of this Agreement, it will not sell or provide its system, including SEO services, Google Business Profile optimization, AI and automation technology, CRM, and custom website services, to another customer operating in the same niche (e.g., Brazilian Jiu Jitsu, Boxing, Karate, Taekwondo, Dance, Gymnastics schools) within a 5-mile radius of the Customer's primary business location. This exclusivity is intended to protect the Customer's competitive advantage in the local area and ensure that Monstro's services are uniquely tailored to the Customer's needs.

12. Confidentiality

Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Customer which would reasonably be considered to be proprietary to the Customer including, but not limited to, accounting records, business processes, and Customer records and that is not generally known in the industry of the Customer and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.

The Company agrees that it will not disclose, divulge, reveal, report, or use, for any purpose, any confidential information that the Company has obtained, except as authorized by the Customer or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.

All written and oral information and material disclosed or provided by the Customer to Monstro under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to Monstro.

13. Intellectual Property Rights

This section applies to Material and to Feedback, as defined above, and not to Customer leads or to Content created by the Customer.

We value our Customer, user, and potential Customer/user Feedback and take it very seriously, and we may, from time to time, solicit Feedback. All Feedback is Monstro's exclusive property, and no provider of Feedback has a claim to any form of compensation, monetary or otherwise, in exchange for providing it.

We may, in our sole discretion, use, share, or incorporate Feedback in whatever form or derivative we may decide into the Site, our software, Services, documentation, business, or other products, without limitation. We retain all rights to such Feedback on a worldwide basis in perpetuity.

All Monstro Material, as defined in the General Terms including funnels, marketing automation, website templates, email and SMS message templates, advertising copies, and advertising creatives is owned by us or our licensors or service providers and is protected by copyright, trademark, trade secret, and other intellectual property laws.

For as long as you adhere to this Agreement and maintain a valid Account, Monstro grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited purpose right to access and use the Materials.

14. Submission of Content

You are able to add and upload Content to create and edit landing pages, popups, and sticky bars using the Services. You agree that you are solely responsible for all Content you submit, provide, or upload, including any legal or other consequences for submitting, providing, or uploading it.

You grant Monstro a non-exclusive license to use the Content you provide Monstro, including, but not limited to advertising, presentations, marketing, troubleshooting, and publishing your pages. This use may include, without limitation, the right to host, index, cache, store, or otherwise format your Content.

You further agree that Monstro may modify, add, and delete any Content added to the Services without liability, and at our sole discretion. Reasons for Content modification or deletion shall include but are not limited to: malicious or damaging software or corrupted code within the Content, violations of intellectual property law, and troubleshooting purposes.

You represent to Monstro that you own any Content you upload, submit, or otherwise add to your Account, or that you have obtained any necessary licenses, rights, consents, and permissions to such Content and activity. As such, you agree that none of the aforementioned Content will in any way violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights, or any other intellectual property rights or other rights of any person, business, organization, or entity.

You agree that Monstro is not responsible for any violations of third-party intellectual property rights in any Content that you submit, upload, or otherwise add to Monstro. You further agree to pay all royalties, fees, and any other monies owed relating to the use of such Content.

15. Limited Liability

This provision allocates the risks under this Agreement between Monstro and the Customer. Monstro's pricing reflects the allocation of risk and limitation of liability specified below.

15.1. Monstro's total liability to the Customer under this Agreement for damages, costs, and expenses shall not exceed the compensation received by the Company under this Agreement.

15.2. Neither Monstro nor the Customer shall be liable for the other's loss of profits, or special, incidental, consequential, or punitive damages, whether in action or tort, even if the party has been advised by the other party of the possibility of such damages.

16. Disputes

In the event a dispute regarding this Agreement arises, the parties agree to attempt, in good faith, to come to a reasonable resolution. However, if no resolution can be agreed upon, either party may terminate this Agreement with a ten (10)-day prior written notice. The Customer understands and agrees that due to the nature of the Services performed by the Company, it is impossible for the Contractor to guarantee any specific results. The Customer agrees not to be entitled to a refund of any Fees paid for qualified leads delivered.

If litigation becomes necessary due to a dispute arising from this Agreement, the venue for such litigation shall be Florida, United States. The prevailing party shall be entitled to recover reasonable attorneys' fees and other litigation costs.

17. Notices

All notices, demands, or other communications required or permitted shall be in writing and delivered by hand, courier, prepaid registered post, or electronic mail addressed to the intended recipient's address or electronic mail address, marked for the attention of the designated person for the purposes of this Agreement.

18. Governing Law

This Agreement will be governed by and construed in accordance with the laws of Florida, United States.

19. Severability

If any provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will continue to be valid and enforceable, with the invalid or unenforceable parts severed from the remainder of this Agreement.

20. Entire Agreement & Amendments

You understand that this Agreement is the entire agreement between you and us, superseding all prior agreements, and there are no warranties, representations, or other agreements except as specifically set out in this Agreement. This Agreement may be amended by notice in bill inserts, letter, or any method permitted by law.

21. Contacting Monstro

You may contact Monstro by email at support@mymonstro.com, by telephone at 917-540-0279, or by mail at 8BitApp LLC., 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA.