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 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.

When you accept this Agreement, you are also agreeing to our Privacy Policy. These Terms and our Privacy Policy may be amended at any time, with or without notice, so we recommend periodically reviewing them. 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 thereof, 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 advertisements 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:
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, 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:
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. This 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, details about actual or potential Customers or projects, techniques, inventions, discoveries, know-how, and trade secrets. It also includes all such business or technical information of any Third Party that is in Monstro’s possession.

Content:
Includes (but is not limited to) text, images, logos, documents, HTML, Javascript, CSS, and other codes and intellectual property that are either open-source or owned by/ 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. May include ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, etc., related to our Services, the Site, features, Customer Support, documentation, our business, affiliates, partners, licensors, or employees.

Funnels:
All pre-installed funnel templates 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:
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.

Lead Capture Ratio:
Percentage of leads captured from unique visitors to a website or Google Business Profile.

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.

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 (look and feel, layout), photographs, graphics, audio, video, messages, interactive and instant messaging, files, documents, images, or other materials, and all derivative works thereof.

Monitor/Monitoring:
Oversight of Customer behavior (including usage of the Site and Services, 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.

Page Builder:
Monstro’s page creation and editing platform for constructing your pages, popups, and sticky bars.

Personal Information/Personal Data:
Any information (e.g., name, email, phone number, IP address) that can be used to identify a person.

Profile/Profile Information:
All information in the "Your Profile" section of the application, including full name, email address, password, profile picture, newsletter preferences, 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; biometric information; political affiliation; union membership; or other sensitive personal, employment, financial, or health information protected by applicable laws or industry standards.

Services:
The Monstro platform/application and all its features, including but not limited to: the application program interface (API), lead collection, storage, 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 encompassing access to paid features.

Subscription Period:
A 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 entities with which you or Monstro do business or integrate.

Trial Period:
The period of a new Subscription, prior to billing, wherein you have access to paid features for 14 days. You agree not to create additional Accounts solely for 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:
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 all information and access that are required and requested by the Company to ensure maximum campaign performance.
• You are responsible for any delay caused by your failure to provide the requested information or access.

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3. Pricing and Services

The Company agrees to provide services to you starting on the date this Agreement is signed. The scope of services and pricing provided by the Company include, but are not limited to, the following:

3.1. Service Packages

3.1.1. Complete Business-in-a-box Package

• Total Investment: $15,500
• Payment Terms: $8,000 initial payment followed by six (6) monthly payments of $1,250

This package includes:

1. Strategic Business Development Services:

   • Six (6) personalized one-to-one coaching sessions (monthly).
   • 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.

2. 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.
   • Six (6) months of professional SEO services, including:
     • Monthly Reporting
     • Backlink Building
     • Onpage Optimization
     • Google Business Profile Optimization
     • 4–10 Content/Blog Post Creations

3. Software and Support Services:

   • Twelve (12) months of 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 an exclusive Private Facebook Group.

After the initial period:

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

3.1.2. Scale Package

• Total Investment: $7,500
• Payment Terms: $2,000 initial payment followed by twelve (12) monthly payments of $500

This package includes:

1. 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.
   • Six (6) months of professional SEO services, including:
     • Monthly Reporting
     • Backlink Building
     • Onpage Optimization
     • Google Business Profile Optimization
     • 4–10 Content/Blog Post Creations

2. Software and Support Services:

   • Twelve (12) months of 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 an exclusive Private Facebook Group.

After the initial period:

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

3.1.3. Grow Package

• Total Investment: $4,500
• Payment Terms: $2,000 initial payment followed by ten (10) monthly payments of $300

This package includes:

1. 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.

2. Software and Support Services:

   • Twelve (12) months of 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 an exclusive Private Facebook Group.

Special Provisions:

• All payments made under this plan may be credited toward a future Scale package upgrade.
• Support converts to the basic support system tier.
• After the initial period, support converts to a ticket-based system.

3.2. Support Service Tiers

3.2.1. Basic Support (Included with All Packages)

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

3.2.2. Premium Support

• Monthly Investment: $299

This premium support service includes:

• 3 hours of website maintenance & updates (content, pictures, images – excluding new pages or design changes).
• Website security and plugin update management.
• Priority support access.
• Two (2) one-on-one 30-minute support Zoom calls monthly.
• 24–48 hour response times depending on the issue’s complexity.
• 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 & updates (content, pictures, images – excluding new pages or design changes).
• Website security and plugin update management.
• One (1) event or funnel setup (e.g., seminars, holiday events).
• A dedicated account support agent.
• Priority support access.
• Six (6) one-on-one 30-minute support Zoom calls monthly.
• 24–48 hour response times depending on the issue’s complexity.
• 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 Features:

• Complete Highlevel (Monstro Lead Manager) platform access.

3.3.2. Premium Software

• Monthly Investment: $299

Features:

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

3.3.3. Ultimate Software

• Monthly Investment: $299

Features:

• 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 for 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, these fees will be billed in advance for each month and are non-refundable. You acknowledge that you will not receive refunds or credits for partial months of service or for periods in which your Account remains open but is unused. 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 the time of renewal with thirty (30) days' written notice by posting fee changes on the Site or notifying you via email. Continued use of the Services after these changes means you agree to the new Subscription/billing rate.

By providing your credit card number, you authorize Monstro and our third-party service providers to store your payment card information and to charge you for:

1. Subscription fees billed during a Subscription Period,
2. Additional fees for Services purchased (including Add-Ons), and
3. Applicable taxes.

You agree to reimburse us for any collection costs and interest on overdue amounts. Should your payment card expire without updating the information or canceling your Subscription, you authorize us to suspend your Account until updated billing details are provided. After suspension, we may re-attempt payment processing.

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 a Subscription Period, you will have immediate access to the higher-level features and will pay the difference.
• If you downgrade during a Subscription Period, you will receive a credit representing the cost difference.
• 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 (cancellation).
• Your Subscription will automatically renew for an additional period unless canceled (see Section 6).

6. Termination & Cancellation

• Cancellation by the Customer:
  You ("The Customer") may cancel your monthly Subscription at any time via your Account or by sending an email ticket to support@mymonstro.com, including the email address associated with your Account.

  If you request Cancellation or account deletion, Monstro may verify your identity by asking for the last four (4) digits of the credit card on file, the card type, billing address, and additional security questions.

  To cancel by phone, you must similarly verify your credit card details and answer security questions.

• Timing of Cancellation:
  Cancellations must be completed at least one (1) day prior to the end of your current Subscription Period (monthly or annual) to avoid automatic billing for the next period. Cancellations performed after billing are not eligible for refunds.

• Outstanding Charges:
  You are responsible for all charges incurred up to the time of Cancellation, including fees for the current Subscription Period.

• After Cancellation:
  Upon Cancellation, your Account becomes a Free Account. Monstro will delete the Account (including pages, popups, sticky bars, Content, leads, email address, and other Personal Data) within one (1) month of Cancellation unless you re-subscribe or make other arrangements. Monstro is not responsible for any Content lost due to Account deletion.

  We reserve the right to modify our data storage and processing procedures at any time, without notice, subject to applicable laws.

• Termination for Cause:
  Monstro may terminate this Agreement with 10 days' notice, for cause (e.g., breach of these Terms). Additionally, Monstro may modify, suspend, or discontinue the Site and/or Services (or any portion thereof) with 30 days' notice.

  Sections on Content Submission, 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 termination.

• DNS Reversion:
  Upon termination, Monstro will revert the Customer's DNS settings to the previous IP address.

7. Six Month Money Back Guarantee

If we do not achieve a total lead capture ratio of 15% or better from your Google Business Profile traffic over the first 5 calendar months that your website is live, then at your request, we will cancel your Subscription and issue a full refund of all plan fees (including the down payment), provided you meet the "Good Faith Conditions" outlined below. Lead ratio will be rounded up to the nearest whole number. If multiple subscriptions are purchased, the guarantee terms apply separately for each location.

Definition:
“Capture” means collecting contact information from Google Business Profile visitors via click-to-call, webform submissions, or chat widget interactions.

7.1. Good Faith Conditions

These conditions are required for optimal results and to ensure both parties are fully invested in our partnership. They must be met within the initial 30 days of your Subscription:

• Service Agreement: E-sign the terms of service.
• Kick-off Call: Book and attend a kick-off call from a desktop computer.
• Kick-off Form: Complete the kick-off form.
• Domain Access: Provide access to your domain.
• Lead List: Provide a list of past leads and customers for campaign review.
• A2P 10DLC Submission: Submit A2P 10DLC.
• Twilio Phone Number: Provide or purchase a Twilio phone number.
• Database Reactivation: Respond to and confirm appointments from our Database Reactivation campaign.
• Calendar Setup: Set up at least one calendar.
• Business Information: Complete your business information entry.

8. Conditions Voiding Guarantee

The guarantee will be void if any of the following conditions occur:

1. Altering the design of the “Above the fold” feature area, negatively impacting lead capture and conversions.
2. Suspension of your Google Business Profile during the Subscription Period, or it being otherwise inaccessible by the Customer at the end of the period.
3. Adding an online store to the header navigation.

9. Items Not Covered By Our Money Back Guarantee

The guarantee does not cover paid alterations or modifications requested beyond the standard 10-page template:

9.1. Custom Modifications of Website

• Custom website design.
• Adding additional pages.

9.2. Other Exclusions

• Google Ad Campaigns and/or management.
• Facebook Ad Campaigns and/or management.
• Adding custom code and/or third-party integrations.
• Custom GHL funnels or workflows.
• On-demand customer support.
• SEO services.
• Usage fees (e.g., SMS, phone calls, and emails).

10. Additional Locations and Fees

If the Customer wishes to add additional business locations under this Agreement, the following applies:

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

The chosen option must be indicated at the time of adding the additional location, and the applicable fee is due immediately.

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 your primary business location. This exclusivity protects your competitive advantage in the local area.

12. Confidentiality

Confidential Information means any data or information relating to your business that would reasonably be considered proprietary, including (but not limited to) accounting records, business processes, and customer records, which is not generally known in your industry and whose release could harm your business.

The Company agrees not to disclose or use any Confidential Information obtained from you, except as authorized or required by law. The obligation of confidentiality applies during and after the term of this Agreement.

All written and oral information provided by you is considered Confidential Information.

13. Intellectual Property Rights

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

• Feedback:
  Any feedback provided to Monstro is our exclusive property. We may use, share, or incorporate your Feedback in our Site, software, Services, documentation, or other products without compensation. We retain all rights to such Feedback worldwide in perpetuity.

• Monstro Material:
  All Monstro Material (e.g., funnels, marketing automation, website templates, email and SMS templates, advertising copies, and creatives) is owned by us (or our licensors/service providers) and is protected by intellectual property laws.

• License:
  As long as you comply with this Agreement and maintain a valid Account, Monstro grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited right to access and use the Materials.

14. Submission of Content

• You may add and upload Content to create and edit landing pages, popups, and sticky bars.
• You are solely responsible for all Content you submit, and you accept any legal consequences of your submissions.
• You grant Monstro a non-exclusive license to use your Content (for advertising, presentations, marketing, troubleshooting, publishing, etc.), which may include hosting, indexing, caching, and storing your Content.
• Monstro may modify, add, or delete any Content at its sole discretion (e.g., if the Content contains malicious software, violates intellectual property law, or for troubleshooting).
• You represent that you own or have the necessary rights to the Content you upload and that it does not infringe on any third-party rights.

15. Limited Liability

This section allocates risk between Monstro and you.

• 15.1. Limitation:
  Monstro’s total liability for any damages, costs, or expenses under this Agreement shall not exceed the compensation received by us under the Agreement.

• 15.2. Exclusion:
  Neither party shall be liable for loss of profits or any special, incidental, consequential, or punitive damages—even if advised of the possibility of such damages.

16. Disputes

• The parties agree to attempt to resolve any disputes in good faith.
• If no resolution is reached, either party may terminate this Agreement with a 10-day written notice.
• You acknowledge that it is impossible for us to guarantee specific results from our Services; therefore, you will not be entitled to a refund for qualified leads delivered.
• Should litigation become necessary, it shall be conducted in Florida, United States. The prevailing party is entitled to recover reasonable attorneys’ fees and associated costs.

17. Notices

All notices, demands, or communications must be in writing and delivered by hand, courier, prepaid registered post, or electronic mail to the designated address or email provided by the Parties. The initial contact information is as specified below.

18. Governing Law

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

19. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

20. Entire Agreement & Amendments

This Agreement constitutes the entire agreement between you and us, superseding all prior agreements and discussions (oral or written). No representations, warranties, or other agreements exist except as expressly stated herein. This Agreement may be amended by us through notice (e.g., bill inserts or letters) or by other legally permitted methods.

21. Contacting Monstro

You may contact Monstro by sending us an email ticket at support@monstro.com, by telephone at 917-540-0279, or by mail at 8Bitapp LLC, 7901 4th St N STE 300, St Petersburg, FL 33702, USA.