Terms of Service - Monster SMS

1. Acceptance of Terms

By accessing or using Monster SMS ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service. These terms apply to all users, including visitors, registered users, and API consumers.

2. Description of Service

Monster SMS provides a multi-tenant SMS messaging platform that enables businesses to send, receive, and manage SMS communications. Our services include but are not limited to: bulk SMS messaging, contact management, campaign scheduling, message templates, and API access for programmatic messaging.

3. User Accounts

To use certain features of our Service, you must create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain the security of your account credentials
Notify us immediately of any unauthorised access to your account
Accept responsibility for all activities that occur under your account
Not share your account credentials with third parties

4. Acceptable Use Policy

You agree not to use the Service to:

Send spam, unsolicited messages, or messages without proper consent
Violate any applicable laws or regulations, including telecommunications and data protection laws
Transmit any content that is unlawful, harmful, threatening, abusive, or otherwise objectionable
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Interfere with or disrupt the Service or servers connected to the Service
Attempt to gain unauthorised access to any part of the Service
Use the Service for any fraudulent or deceptive purposes
Send messages that violate industry regulations (TCPA, GDPR, etc.)

5. Messaging Compliance

You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including:

Telephone Consumer Protection Act (TCPA) in the United States
General Data Protection Regulation (GDPR) in the European Union
Spam Act 2003 in Australia
All applicable local, state, and national telecommunications regulations

You must obtain proper consent before sending messages and provide opt-out mechanisms as required by law.

6. Payment Terms

Certain features of the Service require payment. By subscribing to a paid plan, you agree to pay all applicable fees as described on our pricing page. Fees are non-refundable except as required by law. We reserve the right to change our pricing with reasonable notice. Subscription fees are billed in advance on a monthly or annual basis depending on your chosen plan.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Monster SMS and are protected by international copyright, trademark, and other intellectual property laws. You retain ownership of any content you submit through the Service, but grant us a license to use such content as necessary to provide the Service.

8. Limitation of Liability

To the maximum extent permitted by law, Monster SMS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses, resulting from your use of the Service. Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the past twelve months.

9. Indemnification

You agree to indemnify and hold harmless Monster SMS and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

10. Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms that should reasonably survive termination shall survive.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts of Australia.

13. Changes to Terms

We reserve the right to update these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

14. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Email: legal@monstersms.com
Address: Monster SMS Pty Ltd, Australia