Effective date: August 20, 2020

 

Please note that your use of and access to our services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.

 

These Terms of Use (the “Terms”) are a binding contract between you and GMonster.co (“GMonster” “we” and “us”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected]

 

You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

 

Will these Terms ever change?

We are constantly improving our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the GMonster website, and/or by sending you an email, and/or by some other means.

 

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

 

General Philosophy

We strive to make GMonster as easy-to-use as possible and as ethical a business operation as possible. The terms will ensure a good experience for you, our user, and us, the creators of GMonster. You must agree to these terms before using GMonster.

 

GMonster responsibility

GMonster and its owner, cannot be held responsible for the emails customers and affiliate partners send out, how the customers and affiliate partners send them out and how the recipient acts upon receiving these emails.  GMonster and its owner, cannot be held responsible for any damage the Gmonster software itself or an affiliate partner or software bug or glitch caused during sending out email campaigns. It is the customers’ and affiliate partners’ responsibility to obey the laws and not use the software for any illegal activities.

GMonster and its owner, cannot be held responsible for any actions, ads, promotion methods of customers or affiliate partners.

Upon accepting these terms, you agree that any personal data you have provided us will be handed to federal authorities in case of an investigation.

This GMonster Anti-SPAM policy is an integral part of the Terms and conditions that You – as a company or individual using the GMonster software and / or service (the Service) – agree to abide by when using the Service.

By purchasing the software or any services, registering as an affiliate on Gmonster.co you agree to only send out GDPR compliant emails.
It is your responsibility to implement and obey GDPR compliance laws and anti-spam laws of the EU, the USA and your own country and / or your current location.

No SPAM

We do not allow clients, customers, affiliates, partners to use our services, software for SPAM
Your account is going to be immediately suspended or terminated if You send SPAM. GMonster is fully committed to the suppression of SPAM. Although GMonster is incapable of monitoring user activity, upon receiving information about GDPR and or spam law violations we immediately terminate the account of the user violating these laws.

Report abuse:
If you wish to report abuse, please contact [email protected]

Rule of conduct
You may never send SPAM by using the Service. Specifically, you may not:

Harvest emails from web sites
Purchase or rent lists (whether they are opt-in or not)
Email someone who has requested to be removed from Your list
Send messages that violate the CAN-SPAM Act

Determining whether you send SPAM
Upon report of abuse to determine whether You have sent SPAM we will:

Review the content of the message in question.
Review Your subscriber list for patterns common to harvested, purchased, or rented lists.
Review any SPAM complaints.

Never purchase or rent a list of contacts from a third party, under any circumstance
Never send any messages to a publicly available list of contacts
Never harvest contacts (e.g. e-mail addresses) on the Internet
No refunds
In the event that Your GMonster account is terminated due to violation of this Anti Spam Policy, You will not be refunded any amounts that have been paid towards the use of the Service.

Reporting SPAM
GMonster team constantly monitors its clients activities to ensure full compliance with our Terms and Conditions. If you receive SPAM, please:

Send a detailed email to [email protected]
Please describe in detail what happened, attach the message at issue and specify if you prefer to report anonymously.
Your report will help us to verify the potential violation of GMonster’s Terms and Conditions of Use. Sending SPAM through the GMonster system violate the legal contract signed between the client and the provider.

Other information for message recipients
We encourage any subscriber to an e-mail list to always review the sender and subject line of an electronic mail and delete any unsolicited messages, without downloading the rest of the electronic mail’s content in order to reduce the risks associated with downloading unsolicited electronic mail that may contain unsafe code or try to lure You into a phishing scam. We intend to protect the legitimate interests of recipients of e-mail messages with regard to unsolicited communications for direct marketing purposes.

Your privacy is protected by GMonster

Sending Limits

The GMonster software will attempt to send your email campaign to your email recipients, but we cannot guarantee that your emails will be delivered. Because we rely on Google’s infrastructure from sending, you agree that we cannot be held responsible if your particular Gmail or G Suite account has reached its capacity, as determined by Google. We publish guidelines, based on Google’s guidelines, of an account’s maximum sending capacity, but they are just guidelines, and not hard rules.

 

Gmail and G Suite account suspensions or closures

GMonster and its owner, cannot be held responsible if Google suspends or terminates your Google or Gmail account because of GMonster use. Ultimately, you are responsible for the email activity inside your Gmail account. You understand and agree that GMonster is designed to automate the sending of mass emails through your Google account, and it is your responsibility to adhere to Google’s own terms and conditions. GMonster has no ability to reinstate a Google account should Google decide to suspend or terminate it.

 

Subscriptions

You understand that if you subscribe to a paid GMonster account using a credit card or PayPal account, you will be charged a monthly or annual fee, based on the plan you choose, until you cancel your subscription. This does not apply to Bitcoin-based subscriptions.

 

Cancelling a subscription

You understand and agree that in order to cancel a paid GMonster subscription, you must follow the instructions outlined here. The following are acceptable methods of canceling a paid GMonster subscription:

 

Emailing a GMonster staff member requesting cancellation
Emailing the support address requesting cancellation

 

Chargebacks

Sometimes, a subscribed user will choose to issue a chargeback via their credit card company in order to effect a cancellation. As a small business, we are sensitive to chargebacks and the costs we incur because of them, and as a result, we take the following action when a chargeback is issued against our merchant account:

 

We investigate the incident to determine if we are at fault.
If we find that we are not at fault, we submit evidence to the credit card company to defend our charges.
We automatically cancel the subscription associated with the chargeback.
We institute either a lifetime ban on that particular Google account, or a reinstatement fee on the account should the account decide to re-subscribe to GMonster in the future.

Refund Policy

If the software doesn’t run or function as advertised, you can ask for a refund.
We are unable to issue refunds in case of hitting daily sending limits, blocked emails,
banned Gmail accounts or landing in the spam folder. By using the website and / or purchasing a service you agree that these events solely depend on how you use the software, however it’s not the software’s bug / glitch, it’s not a malfunction or the creators’ fault.
We do not issue a refund after banned Gmail accounts and we don’t replace banned Gmail accounts.

Support

GMonster is a low-cost email service with limited support staff. Most answers to support questions can be found by reading the faq, located at https://GMonster.co. You may contact our support team by sending an email to [email protected] Here are some guidelines for getting support. Note that we do NOT answer all support requests. Emailing GMonster staff directly may result in your request being ignored or delayed.

 

Confidentiality and Feedback

You acknowledge that, in the course of your relationship with GMonster.co and in using the Services, you may obtain information relating to the Services and/or GMonster.co (“Proprietary Information”). Such Proprietary Information shall belong solely to GMonster.co and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, marketing and financial information, plans and data. In regard to this Proprietary Information:

 

(a) You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of GMonster.co unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.

 

(b) You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.

 

What about my privacy?

GMonster takes the privacy of its users very seriously. For the current GMonster Privacy Policy, please click here.

 

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected]

 

Warranty Disclaimer

Neither GMonster.co nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY GMonster.co (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GMonster.co (OR ITS OWNER, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO GMonster.co IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without GMonster.co’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

 

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of Hungary, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms, that is not solved via the dispute mechanisms above, shall be finally settled in Veszprém, Hungary, in Hungarian, in accordance with the Hungarian laws. Judgment upon the award rendered by an arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Veszprém, Hungary. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND GMonster.co ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that GMonster.co may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and GMonster.co agree that these Terms are the complete and exclusive statement of the mutual understanding between you and GMonster.co and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of GMonster.co and you do not have any authority of any kind to bind GMonster.co in any respect whatsoever. You and GMonster.co agree there are no third party beneficiaries intended under these Terms.

 

Breaking these terms will immediately result in terminating your account, without you having the option to issue a refund or seek any financial compensation.