Monstro Terms and Condition
These Terms of Service (“Terms” or “Agreement”) are a contract between you (the Customer) and us (“Monstro” or “8Bitapp LLC”). They 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 8Bitapp LLC 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 sixteen (16) years, or who lacks the logical capacity to understand these Terms. Neither will we knowingly collect their Personal Data or Information, as defined below.
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: This may include, but is not limited to, 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.
Confidential Information: Any 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.
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 (but is not limited to) 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 but not limited to, images, background images, and quizzes/surveys.
Hosted Site: Any website hosted by us for you as part of the Services.
Inactive User: An Monstro Account owner, on a Free Plan/Free Account, who has not logged in for two (2) 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.
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 are 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: Information about an identifiable individual, as defined in British Columbia’s Personal Information Protection Act [SBC 2003] Chapter 63 and General Data Protection Regulation (GDPR) Article 4.
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.
3. Customer’s Responsibilities
You’re responsible to provide any and all assets, and access that are required and requested by the Company in order to ensure maximum performance of the campaign.
You’re RESPONSIBLE for any delay due to the failure of providing assets and access.
4. Monstro Pay Per Lead Program
Monstro offers a Pay Per Lead program as part of our Lite Plan (hereinafter referred to as "the Program"). By subscribing to the Program, customers agree to the following terms and conditions.
4.1. Definition of a Lead. A lead is considered to be a lead under the Program if it meets any of the following criteria:
- The lead has opted in on a website or widget provided by Monstro.
- The lead has called the customer using a Monstro/Twilio tracking number.
- The lead has contacted the Customer through Facebook Messenger, Instagram Direct Message, or Google Business Profile Messenger, and the interaction is captured by Monstro's conversation system.
4.2 Criteria for Valid Leads. A lead is considered valid if it fulfills any of the following actions:
- Opting in through a free trial form.
- Requesting pricing information.
- Submitting a contact form.
- Requesting information about classes, pricing, promotions, or programs through Facebook Messenger, Instagram Direct Message, or Google Business Profile Messenger.
- Engaging in a phone call with the customer, and the recorded conversation indicates a genuine interest in the customer's classes, services, or programs.
- Incoming phone call to the customer, answered or otherwise.
- Texting the customer for information about pricing, programs, trials, or special events.
4.3. Excluded Leads
- Leads that engage in solicitation, spamming, scam, or are existing customers are not considered valid leads under the Program.
- Lead that came in from the customer's paid Facebook ads or Google ads are not considered valid leads under the Program.
- Existing students or their immediate family members.
4.4. Billing & Payment
- Customers will be invoiced by Monstro based on the number of valid leads generated through the Program. The pricing structure and payment terms outlined above.
4.5. Lead Deletion Without Notice
- In the event that a customer deletes a lead without prior notice to Monstro, the deleted lead will automatically be counted as a lead for billing purposes, regardless of whether it meets the criteria of a valid lead as defined in Section A & B. Customers are responsible for promptly notifying Monstro of any lead deletions and should do so in accordance with the notice provisions outlined in Section E. Failure to provide notice of lead deletion may result in the automatic counting of the deleted lead for billing purposes.
4.6 Lead Dispute
- If a customer wishes to dispute the validity of a lead, they must notify Monstro within 14 days of receipt of invoice. Notification must be made via email to the following address: firstname.lastname@example.org. The customer shall provide detailed information regarding the disputed lead, including reasons for the dispute and any supporting evidence. Monstro will review the dispute in a timely manner and make a determination regarding the lead's validity. Decisions made by Monstro regarding lead disputes shall be final.
4.7 Account Termination. Monstro reserves the right to terminate a customer's account, without prior notice, if the customer fails to comply with any of the following conditions:
- The customer did not watch at least 90% of the local ranking domination online course offered by Monstro University.
- The customer fails to pay $1 monthly to keep the account active
- The customer did not purchase a tracking phone number through Monstro.
- The customer did not attempt to apply for A2P 10DLC (Application-to-Person 10-Digit Long Code) services through Monstro.
- The customer did not respond to leads generated via text message, email, or phone call through Monstro.
- The customer does not maintain a balance of at least $5 for Phone, SMS, and Email usage.
- The customer fails to make timely payments for leads generated through the Program.
- The customer did not optimize their Google My Business listing and submit it to Monstro for review.
- The customer did not build at least 50 citations from the Citation list document provided by Monstro.
- The customer did not attempt to run a review-getting campaign.
- The customer did not create and post at least one piece of content per month on the customer's Google Business profile.
Account termination shall be at Monstro's discretion, and the customer shall not be entitled to any refunds or compensation in the event of termination for the aforementioned reasons.
5. Fees and Renewals
You agree to pay all subscription fees, including but not limited to: fees based on Add-Ons, traffic to your pages, number of pages, 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 set forth in your Subscription, we may charge you for such overages on your next invoice.
We reserve the right to modify our billing rates at any time 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 (iii) charges for use of the Services in excess of visitor, page, or other limitations, and (iv) 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.
6. Term and Renewal
Your paid Subscription is valid for either a monthly or an annual Subscription Period. Your Free Account is valid until such time as you upgrade or request Account deletion (by sending us an email ticket, stating the email address on file and requesting that we delete your Account).
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).
7. Cancellation & Termination
You (“The Customer”) may cancel your monthly Subscription at any time, either from within your Account or by sending us an email ticket at email@example.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.
Changes to annual Subscriptions, including Cancellations, go into effect at the end of the annual Subscription Period. No refunds or credits shall be issued for annual Subscription Cancellations or downgrades, or for switching from an annual to a monthly Subscription before the end of the annual Subscription Period.
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 week of the date of Cancellation, unless you re-subscribe before the end of the 1-week period, or make other arrangements with us to retain your Account and its affiliated Personal Data. Account deletion permanently removes all pages, pop-ups, 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 at any time, for any reason, and at our sole discretion, 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 or without 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.
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.
9. 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.
10. Submission of Content
You are able to add and upload Content in order to create and edit landing pages, pop ups, 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 grant Monstro a non-exclusive license to use the Content you upload in order to provide the Services to you, including, but not limited to, 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 for 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.
Monstro may request access to your Content to use for marketing purposes. You are under no obligation to grant this request, and we will not use your Content in any marketing materials without your prior written permission.
11. 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.
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.
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 in action or tort, even if the party has been advised by the other party of the possibility of such damages.
In the event a dispute regarding this Agreement arises, the parties agree to attempt, in good faith, to come to a reasonable resolution to such dispute. However, if no reasonable resolution can be agreed upon by the parties, either party may terminate this Agreement with a 10-day written notice, as allowed by Florida law. 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 from the performance of the Services. With that in mind, the Customer agrees that the Customer shall not be entitled to a refund of any Fees paid to the Company for qualified leads delivered.
In the event that litigation becomes necessitated by a dispute arising from this Agreement or the obligations arising from this Agreement, the venue for such litigation shall be in a court located in the state of Florida, in accordance with Florida law. The prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and other costs associated with such litigation, as permitted by Florida law.
All notices, demands, or other communications required or permitted to be given or made hereunder shall be in writing and delivered by hand, by courier or prepaid registered post, or by electronic mail addressed to the intended recipient thereof at its address, or electronic mail address, and marked for the attention of the such person (if any), designated by it to the other Parties for the purposes of this Agreement or to such other address or electronic mail address, and marked for the attention of a such person, as a party may, from time, to time duly notify the others in writing.
The initial addresses and electronic mail addresses of the Parties for the purpose of this Agreement are specified below:
14. Governing Law
This Agreement will be governed by and constructed in accordance with the laws of Florida, United States.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
16. Entire Agreement & Amendments
You understand that this Agreement is the entire agreement between you, us, and supersedes all prior agreements, understandings, or discussions whether oral, or written, and there are no warranties, representations, or other agreements except as specifically set out in this Agreement. This Agreement may be amended from time to time by us by notice in bill inserts, by letter or by any method permitted by law.
17. Contacting Monstro
You may contact Monstro by sending us an email ticket at firstname.lastname@example.org, by telephone at 917-540-0279, or by mail at 8Bitapp LLC, 7901 4th St N STE 300, St Petersburg, FL 33702, USA.