Monstro Terms and Condition

These Terms of Service are a binding contract between you and 8BitApp LLC d/b/a Monstro and Monstro-X. They govern your access to and use of the Monstro-X websites, apps, and services, including the Monstro-X member management and engagement platform, payment processing tools, and community features.

By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are entering into this Agreement on behalf of a company, school, gym, or other legal entity, you represent and warrant that you have authority to bind that entity.

We do not knowingly enter into this Agreement with anyone under the age of eighteen years or any person who lacks capacity to understand these Terms.

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. DEFINITIONS

Unless otherwise stated, the following terms have the meanings below. These update and replace prior definitions where inconsistent with the Monstro-X app.

Account means a unique account created when an individual or entity signs up for the Monstro-X platform with a username and password.

Account Owner means the person or entity whose name appears on the payment method used to pay Subscription or other fees.

Business or School means your gym, studio, school, or organization that uses Monstro-X to manage members.

Community Features means the in-app areas where your members and staff may post, like, comment, message, and share text, images, or other content, including groups, feeds, and similar social features.

Content means text, images, logos, video, data, and other materials uploaded or provided by you, your staff, or your members through the Services.

Member means an end user such as a student or gym member associated with your Business who accesses the Services through your Account.

Plans means the Monstro-X subscription tiers currently offered, including Free, Start-up, and Growth, as described on our website and pricing page, as well as any future plans we may introduce.

Support Upgrades means optional support tiers such as Premium or Dedicated support that may be purchased in addition to your Plan.

Subscription means your paid or free Plan that includes access to certain features of the Services for a recurring period.

Subscription Period means the billing period for your Subscription, whether monthly or annual.

Third Party Processor means Stripe, Inc. or any other third-party payment processor we designate.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

You must be at least eighteen (18) years old and capable of forming a binding contract to use the Services. By registering for or using the Services, you agree to provide accurate, current, and complete registration information, to maintain and promptly update your information as necessary, and to safeguard your login credentials. You are responsible for restricting access to your Account and for all activities that occur under your Account, including activities of your staff and any users to whom you grant access.

If you become aware of any unauthorized access to or use of your Account, you must notify us immediately at support@monstro-x.com.

If you register an Account or use the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and you agree that the organization is responsible for any breach of these Terms by you or other users under its Account.

3. SERVICES AND MONSTRO-X PLATFORM

Monstro-X provides a member management and engagement platform for group-class businesses. The Services include tools for membership and attendance tracking; gamification (such as points, rewards, and leaderboards); Community Features (including social feeds, comments, likes, and groups); payment processing via our designated Third Party Processor; notifications and automated messaging; and various other business management functions.

We reserve the right to add, modify, or discontinue features from time to time. Access to certain features may depend on your selected Plan. While we will make reasonable efforts to notify you of material changes to the Services, we are not obligated to maintain any particular feature or functionality indefinitely.

The Services are accessible via web-based and mobile applications. You are solely responsible for obtaining and maintaining all equipment, software, internet connections, and other services required for access to and use of the Services.

4. PLANS, PRICING, AND FEES

4.1 Monstro-X Subscription Plans

Monstro-X currently offers the following core Plans, which replace and supersede prior plan structures in earlier agreements.

• Free Plan: Designed for locations with under approximately twenty-five members. No monthly subscription fee applies, but the plan is subject to transaction fees on digital payments processed through Monstro-X.
• Start-up Plan: A monthly subscription currently listed as ninety-nine dollars per month on the pricing page, intended for locations with roughly twenty-five to one hundred members, with access to AI support and Monstro Marketing tools.
• Growth Plan: A monthly subscription currently listed as two hundred ninety-nine dollars per month on the pricing page for schools with one hundred or more members, designed for scaling and retention with reduced transaction fees and additional features such as a done-for-you website.

Exact prices, included features, and any promotions or discounts are as shown on the then-current Monstro-X pricing page and may change over time. Any changes will take effect upon your next renewal unless otherwise stated. We will provide at least thirty (30) days advance notice of any price increases for your existing Subscription tier.

4.2 Transaction Fees

In addition to any monthly Subscription fee, for the Free and Start-up Plans, digital transactions processed through Monstro-X are subject to a Monstro transaction fee currently at two percent (2%) plus Stripe's processing fees. For the Growth Plan, digital transactions processed through Monstro-X are subject only to Stripe's fees with no additional Monstro transaction fee.

The Monstro transaction fee applies only to digital transactions processed through the Monstro-X platform and our Third Party Processor. You are not charged a Monstro transaction fee on cash payments, checks, or manual transactions that you collect directly and do not process through Monstro-X.

We reserve the right to modify transaction fees for new billing cycles, with notice in accordance with Section 16 below.

4.3 Support Upgrades

We may offer optional support upgrades at additional monthly fees. Basic Support is included with all Plans and provides ticket-based support, knowledge base access, group calls, and response times subject to workload.

• Premium Support is available for an additional monthly fee and includes priority support, limited hours of maintenance, and faster response times.
• Dedicated Support is available for an additional monthly fee and provides expanded hours of maintenance, event or funnel setup, priority support, and dedicated account assistance.

The current features and pricing for each support tier are posted on our website or in your order form and may be updated from time to time.

4.4 Usage-Based Fees

In addition to Subscription fees and transaction fees, you may incur usage-based fees when you use certain features of the Services. Usage-based fees may include, without limitation, fees for SMS or MMS messages, voice calls, or other carrier-based communications sent or received through the Services, fees for emails or other messages sent in excess of any included monthly limits, fees for AI, automation, or other metered services such as per-message, per-token, or per-event charges, and any other metered or overage charges described on the Monstro-X pricing page or in your order form.

The current rates and billing units for usage-based fees are described on the then-current Monstro-X pricing page or your order form and are incorporated into these Terms by reference. By enabling or using features that generate usage-based fees, you agree to pay the applicable usage-based fees. We may adjust usage-based rates from time to time, and any changes will apply to future usage after we post the updated pricing or otherwise notify you.

5. PAYMENT PROCESSING, PAYOUTS, REFUNDS AND DISPUTES

5.1 Role of Monstro-X and Third Party Processor

Monstro-X uses Stripe or other Third Party Processors to process member payments on your behalf. By using the payment features of the Services, you agree to the applicable Stripe terms and conditions in addition to these Terms.

For digital payments processed through Monstro-X, Monstro-X collects payment from the Member as a limited payment collection agent for you, the Business. After Stripe's processing fees and any applicable Monstro transaction fee depending on your Plan are deducted, the net amount is distributed to you via Stripe or another settlement method we support.

You authorize Monstro-X and the Third Party Processor to debit amounts paid by your Members, deduct applicable fees, credit the remaining balance to your payout account, and debit your payout account or your card on file as needed for refunds, disputes, or negative balances as described below.

5.2 Non-Digital Payments

Monstro-X transaction fees apply only to digital transactions processed through the Monstro-X platform and our Third Party Processor. We do not charge a Monstro transaction fee on cash payments collected directly by you, check, bank transfer, or other offline payments that are not processed through Monstro-X, or manual entries you record in the system solely for tracking purposes without payment actually flowing through the platform.

You remain solely responsible for collecting, recording, and accounting for any offline or manual payments.

5.3 Refunds

You are responsible for your own refund policies with your Members. However, when a refund is processed for a digital transaction that went through Monstro-X, refunds are initiated through Monstro-X and processed by the Third Party Processor currently Stripe, and the refunded amount including any Stripe fees that are not recoverable under Stripe's policies will be debited from your Stripe or payout balance.

If there is not enough balance to cover the refund, Monstro-X, directly or via the Third Party Processor, may attempt to debit the negative amount from your payout account multiple times and, if still not successful, charge the credit card or other payment method on file for your Monstro-X Account to satisfy the outstanding balance.

Refunds will typically be reflected to the Member within the time frame Stripe or the relevant processor allows, often a few business days, which may vary by bank and region.

5.4 Disputes and Chargebacks

The above process also applies to disputes and chargebacks initiated by Members. If a Member disputes a charge processed through Monstro-X, the disputed amount, plus any dispute fees charged by Stripe or the relevant processor, will be debited from your payout balance.

If sufficient funds are not available, Monstro-X reserves the right to attempt to collect the negative amount from your payout account, charge the credit card or other payment method on file, or withhold or delay future payouts until the negative balance is resolved.

You are responsible for responding to and managing disputes with Members, including providing any documentation requested by Stripe or Monstro-X to contest a chargeback. We may suspend your ability to accept payments or use the Services if you have unresolved negative balances, excessive disputes, or violations of our or Stripe's policies.

6. CUSTOMER RESPONSIBILITIES

You are responsible for providing accurate and current information to Monstro-X, as well as any access, content, or cooperation we reasonably require to operate, configure, troubleshoot, or improve the Services associated with your Account. You must ensure that your use of the Services, and that of your Members, complies with all applicable federal, state, local, and international laws and regulations, including but not limited to those relating to consumer protection, privacy, marketing, intellectual property, and billing within your jurisdiction.

You are solely responsible for managing your Members and your relationships with them, including but not limited to setting prices, offering promotions, making refund decisions, managing service quality, and maintaining up-to-date and valid consents for the collection and use of Members’ personal data as required by law. You represent and warrant that you have obtained all necessary legal rights, licenses, and permissions to upload, use, or share any content through the Services.

We are not liable for any failure to provide the Services resulting from your omission to submit required information, content, or access. You agree not to use the Services for any unlawful purpose or in any way that infringes or misappropriates the rights, including intellectual property rights, of any third party. You accept sole responsibility for any claims relating to third-party rights, including any content you or your Members upload, transmit, or use via the Services.

7. COMMUNITY FEATURES AND USER CONTENT

7.1 Ownership and Responsibility

Monstro-X enables Community Features that allow you, your staff, and your Members to create, post, like, comment on, and share user-generated content—including but not limited to text, images, and media—within your Account’s community.

As the Account Owner/Administrator for each Business or location, you are solely responsible for supervising, policing, and moderating all Community Features associated with your Account. You are responsible for establishing and communicating community rules and codes of conduct to your Members, provided those rules are consistent with these Terms and applicable laws.

All user-generated content within your community (“Community Content”) is your sole responsibility to moderate and enforce. Monstro-X has no obligation to monitor or police Community Content on your behalf and assumes no liability for any content created or posted by you, your staff, or your Members.

7.2 Prohibited Content

You agree that you and your Members will not use the Community Features to post, transmit, or share any content that:

• Is illegal, defamatory, obscene, pornographic, or otherwise offensive;
• Promotes hate, harassment, discrimination, or threats of violence against any person or group;
• Infringes or misappropriates any intellectual property, privacy, or publicity rights;
• Constitutes spam, scams, misleading advertising, or unauthorized solicitation;
• Contains malware, viruses, or any code intended to disrupt, damage, or compromise systems or data; or
• Violates any applicable law, rule, or regulation.

You must promptly remove or direct the removal of any prohibited content you become aware of within your community.

7.3 Monstro-X Rights

Although Monstro-X is not obligated to monitor Community Content, we reserve the right, at our sole discretion, to review, remove, or restrict access to any content we believe, in good faith, violates these Terms or applicable law. We also reserve the right to suspend or terminate user access to the Community Features, or to disclose information to law enforcement or other authorities if we reasonably believe it is necessary to do so.

Despite these rights, you remain primarily responsible for moderating your community and handling complaints, disputes, or issues arising among your Members.

7.4 No Responsibility for Policing Communities

To the maximum extent permitted by law, you acknowledge and agree that Monstro-X is not responsible or liable for any content posted by you, your staff, or your Members. Monstro-X does not assume or undertake any duty to monitor, police, or enforce your community rules. Any claims, losses, or damages—including but not limited to defamation, harassment, or privacy violations—arising from Community Content are solely between you and the relevant Member(s) and are subject to the indemnification and limitation of liability provisions set forth elsewhere in these Terms.

8. LICENSE TO USE THE SERVICES AND INTELLECTUAL PROPERTY

All software, features, templates, designs, content, and any other materials provided as part of the Services are owned by Monstro-X or its licensors and are protected under applicable intellectual property laws. Subject to your compliance with these Terms and your continued active Account status, Monstro-X grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes only.

Except as expressly permitted by these Terms, you may not:

• Copy, modify, reproduce, distribute, or publicly display any part of the Services;
• Reverse engineer, decompile, or attempt to discover the source code of any software provided as part of the Services;
• Rent, lease, lend, sell, sublicense, assign, or transfer your license or access rights to any third party;
• Remove, obscure, or alter any proprietary notices or branding on the Services.

"Monstro-X", the Monstro-X logo, and all related marks, graphics, and service names are trademarks or registered trademarks of 8BitApp LLC. You may not use Monstro-X’s marks or branding without our prior written permission. Other trademarks, service marks, and logos referenced or used in connection with the Services are the property of their respective owners.

9. SUBMISSION AND USE OF CONTENT

You are solely responsible for all Content you or your Members submit, upload, or otherwise make available through the Services. You represent and warrant that you have all rights necessary to use, share, and upload such Content.

You grant Monstro-X a non-exclusive, worldwide, royalty-free license to host, store, process, display, and use your Content solely as necessary to provide and improve the Services, operate your Account, and support you, including backups, troubleshooting, and internal analytics.

We may remove Content we reasonably believe violates these Terms or applicable law. You are responsible for all royalties or other payments owed to third parties related to your Content. We do not claim ownership of your Content, and you retain all ownership rights in your Content.

10. DATA PROTECTION AND PRIVACY

We take the privacy and security of your data seriously. Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated into these Terms by reference.

You acknowledge that you are responsible for complying with all applicable data protection and privacy laws with respect to your collection and use of personal information from your Members. You will obtain all necessary consents from your Members for the collection, use, and processing of their personal information through the Services.

You will not use the Services to collect, store, or process sensitive personal information such as credit card information except through our designated Third Party Processor, health information, or other sensitive data without implementing appropriate security measures and obtaining required consents.

11. FEES, BILLING, AND TAXES

You agree to pay all amounts associated with your use of the Services, including Subscription fees for your selected Plan, transaction fees on digital payments processed through Monstro-X, usage-based fees such as SMS, email, AI, automation, or other metered services, and any add-ons or Support Upgrades, in each case at the rates described on the then-current Monstro-X pricing page or in your order form.

Fees are generally billed in advance for Subscription Periods and in arrears for usage-based fees and transaction fees, and are non-refundable except where required by law or expressly stated otherwise in this Agreement.

You authorize us and our Third Party Processor to store your payment card information and automatically charge it for recurring subscription fees, transaction or usage fees, dispute and chargeback amounts not covered by your balance, and any other amounts you owe under these Terms.

All fees are exclusive of taxes. You are responsible for all applicable taxes associated with your purchase and use of the Services in your jurisdiction, excluding only taxes based on our net income. If we are required to collect or pay taxes for which you are responsible, the appropriate amount will be invoiced to and paid by you.

12. TERM, RENEWAL, CANCELLATION, AND SUSPENSION

Your Subscription begins on the date you sign up and continues for the applicable Subscription Period. Unless canceled, your Subscription automatically renews for successive periods at the then-current rates.

You may cancel your Subscription at any time through your Account settings or by contacting support at support@monstro-x.com within the required notice period before your next billing date. Cancellations take effect at the end of the current billing period, and you remain responsible for all charges up to that date. No refunds or credits will be provided for partial billing periods.

We may suspend or terminate your access to the Services, in whole or in part, if you fail to pay any amounts due, you have excessive disputes or chargebacks, we reasonably believe you are violating these Terms, applicable law, or Stripe's policies, or we decide to discontinue some or all Services upon reasonable notice.

After termination, we may delete your Account and data in accordance with our data retention practices and applicable law. We will provide you with a reasonable opportunity to export your data before deletion, subject to technical and legal limitations.

13. DISCLAIMERS AND WARRANTY LIMITATIONS

You acknowledge that the Services are provided as is and as available without warranties of any kind, whether express or implied. We do not guarantee any particular business results, revenues, member growth, or retention. We do not guarantee uninterrupted, error-free, or completely secure operation of the Services. Online systems inherently involve risk of outages, data loss, and delays.

To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet your requirements or that the operation of the Services will be uninterrupted or error-free.

You understand and agree that your use of the Services is at your sole risk. We do not warrant that the Services are free from viruses or other harmful components. We will not be responsible for any damage to your computer system or loss of data that results from the download of any content, materials, or information through the Services.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Monstro-X's total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the total fees you paid to Monstro-X for the Services during the twelve months preceding the event giving rise to the claim.

Monstro-X will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or any loss of profits, revenues, goodwill, or data, even if we have been advised of the possibility of such damages.

These limitations apply to all causes of action, whether based on contract, tort including negligence, strict liability, or other legal theory. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by law.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Monstro-X, its affiliates, officers, directors, employees, and agents from and against all claims, damages, losses, liabilities, costs, and expenses including reasonable attorneys' fees arising out of or relating to your use of the Services including Community Features, your Content or Community Content, your violation of these Terms or any applicable law, your relationship with your Members including pricing, refunds, disputes, or services provided, or any allegation that your use of the Services infringes or misappropriates a third party's rights.

We may, at our option, control the defense of any matter subject to indemnification, and you will cooperate with us in that defense. You may not settle any claim without our prior written consent.

This indemnification obligation will survive termination of these Terms and your use of the Services.

16. NOTICES AND COMMUNICATIONS

We may provide notices to you by email to the address associated with your Account, in-app notifications, or by posting on our website. You are responsible for keeping your contact information current. Notices provided by email will be deemed given twenty-four hours after the email is sent, unless we receive notice that the email was not delivered.

Notices to us may be sent to 8BitApp LLC d/b/a Monstro-X, 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA, or by email to support@monstro-x.com. Notices to us will be deemed given when received.

17. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Florida, and you consent to the jurisdiction of those courts.

Before filing a lawsuit, you agree to contact us at support@monstro-x.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty days of submission, you or Monstro-X may bring a formal proceeding.

The prevailing party in any action shall be entitled to recover its reasonable attorneys' fees and costs. You and Monstro-X agree to waive the right to a trial by jury for any dispute arising under these Terms.

18. MODIFICATIONS TO TERMS

We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on our website or through the Services at least thirty days before the effective date. We may also send you an email notification of significant changes.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and may cancel your Subscription in accordance with Section 12.

We will indicate at the top of these Terms the date they were last updated. We encourage you to review these Terms periodically to stay informed about our practices.

19. ADDITIONAL LOCATIONS AND EXPANSION

If you wish to add additional business locations under this Agreement, additional fees will apply for each additional location to cover the cost of software and services. The specific fees and options for adding locations will be provided upon request and will be set forth in a separate order form or addendum to these Terms.

You may be required to purchase additional Subscriptions or add-ons to support multiple locations. Each location may require its own Account or may be managed under a multi-location Account structure, depending on your Plan and business needs.

20. EXPORT CONTROLS

You may not use, export, or re-export the Services or any copy or adaptation of the Services in violation of applicable laws or regulations, including U.S. export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

21. FORCE MAJEURE

Neither party will be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, war, epidemics, pandemics, government action, telecommunications failures, utility failures, interruptions in third-party services, or labor disputes.

The party affected by a force majeure event will promptly notify the other party and will use reasonable efforts to minimize the impact of the event.

22. ASSIGNMENT

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section will be void. We may assign these Terms and our rights and obligations hereunder at any time without notice or consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

23. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if that is not possible, the provision will be severed from these Terms.

24. WAIVER

No waiver of any provision of these Terms will be deemed a further or continuing waiver of that provision or any other provision. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Any waiver must be in writing and signed by an authorized representative of Monstro-X to be effective.

25. ENTIRE AGREEMENT

You understand that this Agreement, together with any order forms, our Privacy Policy, and any other agreements expressly incorporated by reference, constitutes the entire agreement between you and us regarding the Services and supersedes all prior agreements, understandings, and communications, whether written or oral, regarding the same subject matter.

These Terms may be amended only by notice in accordance with Section 16 above or by a written agreement signed by both parties. No provision of these Terms will be construed against either party on the basis that the party drafted the provision.

26. RELATIONSHIP OF THE PARTIES

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Monstro-X. You are an independent contractor, and neither party has authority to bind the other or to incur obligations on the other's behalf without the other party's prior written consent.

27. THIRD PARTY BENEFICIARIES

Except as expressly stated in these Terms, there are no third party beneficiaries to these Terms. The limitations of liability and disclaimers in these Terms also benefit our affiliates, licensors, suppliers, and service providers.

28. SURVIVAL

The sections of these Terms that by their nature should survive termination will survive, including Sections 7.4, 8, 9, 10, 11, 13, 14, 15, 17, and 25.

29. CONTACT INFORMATION

If you have any questions about these Terms or the Services, please contact us at:

8BitApp LLC d/b/a Monstro-X
7901 4th St N, Ste 300
St. Petersburg, FL 33702, USA

Email: support@monstro-x.com
Phone: 917-540-0279

30. ACCESSIBILITY

We are committed to making our Services accessible to all users. If you have difficulty using any part of the Services due to a disability, please contact us at support@monstro-x.com, and we will work with you to provide the information, item, or transaction you seek through an alternative communication method that is accessible for you.

31. FEEDBACK AND SUGGESTIONS

We welcome your feedback and suggestions about the Services. You may submit feedback by emailing us at support@monstro-x.com. You agree that we may use any feedback you provide for any purpose without obligation to you, and that all feedback becomes our sole property.

32. NO CLASS ACTIONS

You and Monstro-X agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court determines that this class action waiver is unenforceable, then the arbitration agreement in Section 17 will be null and void with respect to that dispute, and the dispute will be resolved in court.

By accepting these Terms, you acknowledge that you have read, understood, and agree to be bound by all provisions herein.