These Terms of Service (the "Terms") are a contract between you and Monkey Blast LLC ("Monkey Blast," "we," "us"). Please read them carefully. They include a limitation of our liability and choose Florida law.
By creating an account, clicking to accept, or using Monkey Blast, you agree to these Terms, our Acceptable Use Policy, our Refund Policy and our Privacy Policy, which are part of these Terms. If you use Monkey Blast for a business, you agree on behalf of that business and confirm you have authority to do so; "you" then means the business.
Monkey Blast is software for managing contacts and sending and receiving text messages, including campaigns ("workflows"), follow ups and a shared inbox. Features may change over time. Features marked "coming soon", such as calling, are not part of the service until we make them available.
New accounts are reviewed before they can send. To send texts, your business and phone numbers must be registered and verified with carriers and messaging registries. We may decline or delay an account, and carriers or registries may reject or delay a registration for reasons outside our control. We do not promise that any registration will be approved or how long it will take.
Current prices are listed on our Pricing page, which is part of these Terms. Some fees are charged directly to your payment method and messaging usage is paid from your prepaid wallet, as described below.
A valid payment method on file is required at sign up and while your account is open. You authorize us to charge it for the direct charges in section 5.2, for wallet top ups you request and for auto recharge if you turn it on.
The following are charged directly to your saved payment method and are never paid from your wallet:
Prices do not include taxes, which you are responsible for where they apply. We may change prices with at least 30 days notice by email or in the app. A change applies from the next billing period or, for usage rates, from the date stated in the notice.
You are the sender of every message you send through Monkey Blast and are solely responsible for its content and for having the legal right to send it. You must comply with all applicable laws and rules, including the Telephone Consumer Protection Act (TCPA), the Florida Telephone Solicitation Act, other state telemarketing and texting laws, the CAN-SPAM Act where it applies, insurance marketing rules that apply to you, and carrier and industry guidelines. You must follow our Acceptable Use Policy, including getting prior express consent before texting anyone and honoring opt outs immediately. Our compliance features help you but do not replace your own legal obligations or legal advice.
You own the contacts, messages and other content you put into Monkey Blast ("Customer Data"). You give us permission to host, process and transmit Customer Data only to provide and improve the service, comply with law and enforce these Terms, as described in our Privacy Policy. You are responsible for having the rights and consents needed for Customer Data. You can export your contacts while your account is open. After termination we may delete Customer Data, except records we must keep by law, such as opt out and consent records.
Monkey Blast, its software, design, logos and mascot are owned by Monkey Blast LLC or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the service during your subscription under these Terms. You may not copy, resell, reverse engineer or build a competing product from the service. If you send us feedback, we may use it without obligation to you.
Messages are delivered through telecommunications carriers and providers we do not control. Carriers may filter, delay or block messages. We do not promise that any message will be delivered, delivered on time or delivered in full.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ITS COMPLIANCE FEATURES WILL MAKE YOUR MESSAGING LAWFUL.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE SUBSCRIPTION AND SETUP FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR INDEMNITY OBLIGATIONS OR YOUR VIOLATION OF THE ACCEPTABLE USE POLICY.
You will defend, indemnify and hold harmless Monkey Blast LLC and its officers, employees and agents from any claims, fines, penalties, losses and expenses (including reasonable attorneys' fees) arising from your messages, your Customer Data, your violation of these Terms or the Acceptable Use Policy, or your violation of any law, including the TCPA and the Florida Telephone Solicitation Act.
These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict of laws rules. Any dispute will be brought only in the state or federal courts located in Florida, and both parties consent to their jurisdiction. Before filing a claim, please email us at support@monkeyblast.app so we can try to resolve it informally within 30 days.
We may update these Terms. We will post the new version here with a new version number and effective date, and give customers at least 30 days notice of material changes by email or in the app. Continuing to use Monkey Blast after a change takes effect means you accept it.
These Terms are the entire agreement between you and us about Monkey Blast. If any part is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale of our business. Neither party is liable for delays caused by events beyond its reasonable control.
Monkey Blast LLC
7901 4th St N, Suite 300, St. Petersburg, FL 33702
Email: support@monkeyblast.app