Terms of Service

These Terms of Service are a legally binding agreement between you, whether personally or on behalf of an organisation, and MarketingMonster ("we", "us", "our") about your access to and use of the MarketingMonster website, web dashboard, desktop application and every tool, feature and service offered through them (together, the "Services").

By creating an account, subscribing to a plan or otherwise using the Services, you confirm that you have read, understood and agreed to be bound by these terms. If you do not agree with all of them, you may not use the Services.

We may change these terms from time to time. The "Last updated" date at the top tells you when they last changed. We will notify you of material changes by posting the new terms here and, where a change affects you significantly, by email. Continuing to use the Services after a change means you accept the changed terms.

The Services are intended for business and professional use by people who are at least 18 years old. By using them you represent that you are 18 or older.

MarketingMonster gives you access to a curated collection of professional marketing and SEO tools from one account: keyword research, rank tracking, backlink analysis, content optimisation, competitor research, reporting and more, through Monsterium, our desktop browser for Windows, macOS and Linux, in which every tool opens; your dashboard, subscription and settings are also available on the website. Some tools are built by us; many are third-party tools that we make available through secure, isolated sessions on our infrastructure.

Each plan gives you a set of tools, a number of tool sessions that may run at the same time and a monthly or yearly term. Which tools, limits and terms are included is shown on the pricing page and in your dashboard, and may change as tools are added, retired or updated by their makers. A tool that becomes unavailable will be replaced or its absence reflected in the plan; the temporary unavailability of a single tool does not entitle you to a refund.

Third-party tools have their own terms of use and acceptable-use rules. When you use such a tool through MarketingMonster you agree to comply with those rules as well as ours. We do not control third-party tools and we are not responsible for their accuracy, availability or results.

The Services may not be available or appropriate in every country. If you access them from outside the jurisdictions where we operate, you do so on your own initiative and you are responsible for complying with your local laws.

Our platform. The Services, including the software, code, designs, interfaces, text, graphics, trademarks and logos, are owned by us or licensed to us and are protected by copyright, trademark and other intellectual property laws. Third-party tools remain the property of their makers. Except as expressly permitted here, no part of the Services may be copied, reproduced, distributed, sold, licensed or otherwise exploited for any commercial purpose without written permission.

Your licence to use the Services. Subject to these terms and to the plan you hold, we grant you a limited, non-exclusive, non-transferable, revocable licence to access the Services and to use the tools included in your plan for your own or your clients' marketing and SEO work.

Monsterium desktop browser. We grant you a revocable, non-exclusive, non-transferable licence to install and use the Monsterium desktop application on devices you own or control, in line with these terms. You may not decompile, reverse engineer, disassemble or modify it, remove its proprietary notices, or use it to build a competing product.

Your data. You keep all rights you hold in the keywords, domains, reports, content and other material you enter into or produce with the Services ("Your Data"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process and transmit Your Data solely to operate, secure and improve the Services. Reports and exports you generate for your own or your clients' use are yours.

Feedback. Ideas, suggestions and feedback you send us about the Services may be used by us without restriction or compensation.

By using the Services you represent and warrant that:

• the registration information you give us is true, accurate, current and complete, and you will keep it that way;
• you have the legal capacity to enter into these terms and are at least 18 years old;
• you will not access the Services through automated or non-human means other than the features we provide for that purpose;
• you will not use the Services for any illegal or unauthorised purpose; and
• your use of the Services will not violate any applicable law or regulation, including the terms of the third-party tools you use through us.

If any information you provide is untrue, inaccurate, out of date or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services.

You must register for an account to use the tools. You register with an email address and a password, and we encourage you to turn on two-factor authentication in your security settings.

You are responsible for keeping your credentials confidential and for everything that happens under your account. One account is for one person. You may not share your credentials, let anyone else use your account, run it from more devices or sessions than your plan allows, or use another person's account. Tell us immediately at [email protected] if you suspect unauthorised use.

We may reclaim, change or remove a username or display name that we consider inappropriate, obscene, misleading or infringing.

Access to the tools requires a paid plan. Plans are billed monthly or yearly, and their prices, included tools and limits are shown on the pricing page. All prices are in US dollars unless stated otherwise, and you are responsible for any taxes that apply to your purchase.

You can pay with cryptocurrency (Bitcoin, Ethereum or Tether), with a credit or debit card, with PayPal, or with the balance held in your MarketingMonster account. Card and PayPal payments take place on pages hosted by our payment providers, and crypto payments through a hosted invoice from our crypto processor; MarketingMonster never receives or stores your card number, security code, PayPal password or wallet keys. Cryptocurrency transfers are final once confirmed on the network. You agree to provide current, complete and accurate payment information and to keep it updated.

Account balance. Your account has a balance, kept in US dollars, that works like store credit inside MarketingMonster. It can be topped up with a deposit, it is credited with referral rewards, and it can be spent on any plan, renewal or upgrade. The balance is not money: it has no cash value outside the Services, cannot be transferred to another account, and is not paid out.

Trials. Some plans offer a short, paid trial. A trial can be used once per account, does not renew, and simply ends when its period is over.

We may correct pricing errors, even after a payment has been requested or received, and we may refuse or limit any order in our sole discretion, including orders that appear to be placed by resellers.

Plans paid by card or PayPal renew automatically at the end of each billing period at the then-current price until you cancel; the provider charges the payment method you gave it. Plans paid from your account balance renew from that balance; if the balance cannot cover a renewal, you keep access during a grace period of seven days while we retry and remind you, and the plan expires if it still cannot be covered.

You can cancel at any time from your dashboard. Cancellation takes effect at the end of the current billing period, you keep access until then, and you are not charged again.

You can switch to another plan at any time. Your current plan keeps working until the new one is paid, and the new plan then replaces it straight away. Time left on the plan you switch away from is not credited to your balance or refunded.

Concurrent sessions. Your plan sets how many tool sessions may run at the same time and how many devices may be signed in. Sessions above that limit are queued or refused. Repeated attempts to circumvent these limits are a breach of these terms.

Because a plan gives you immediate access to tools that cost us to provide, purchases are generally final. We do offer refunds in these situations:

• a plan was bought in error and no tool has been used under it, if you ask within 14 days of the payment;
• we charged you an amount that does not match the price shown at checkout; or
• a technical fault on our side prevented you from using the plan for a substantial part of the period and we cannot put it right.

To ask for a refund, write to [email protected] from the email address on the account with the payment reference. Approved refunds are returned to the original payment method or, at your request, to your account balance. Deposits to your balance and referral rewards are not refundable. When a payment is refunded or reversed, the plan it paid for is ended.

This section does not limit any right to a refund that you have under the consumer laws of your country.

You may invite other people to MarketingMonster with your referral link and earn a reward when they buy a plan. Rewards are credited to your account balance and can be spent on your own plans and renewals; they are not paid out in cash.

The rules of the programme, including reward amounts and eligible purchases, are published in your dashboard and may be changed or ended at any time. Creating accounts for yourself under other names, referring yourself, using misleading advertising, spamming, or any other abuse of the programme results in the loss of all rewards and may result in the termination of your account.

You may use the Services only for the purposes we make them available for. You agree not to:

• share, sell, rent or lend your account, or use the Services to provide tool access to third parties as a service of your own;
• run more sessions or sign in from more devices than your plan allows, or use scripts, extensions or automation to circumvent session, rate or usage limits;
• extract, scrape, export or download tool data, credentials, cookies or session material beyond the reports and exports the tools are designed to give you, or attempt to access a tool outside the session we provide;
• systematically retrieve data from the Services to compile a collection, database or directory without our written permission;
• circumvent, disable or interfere with security features, licence checks, the desktop application's update mechanism or any part of the Services;
• reverse engineer, decompile or attempt to extract the source code of the Services or of any tool;
• use the Services to send spam, to harass, defame or defraud anyone, to infringe intellectual property, or for any unlawful purpose;
• upload files that contain viruses, malware or code designed to disrupt the Services; or
• harass, abuse or harm another user or our staff.

We may suspend or terminate accounts, end sessions, withhold rewards and report activity to the authorities where we judge it necessary. Abuse that causes us cost, such as the loss of a tool licence, may be charged back to you.

We reserve the right, but not the obligation, to monitor the Services for violations of these terms; to take legal action against anyone who violates them; to refuse, restrict, limit or disable access to any tool, feature or account; to end sessions that are idle or that exceed plan limits; and to remove files and content that are excessive in size or burdensome to our systems. We manage the Services to protect our rights and property and to keep them working well for everyone.

We care about how your information is handled. Our Privacy Policy explains what we collect, why, who we share it with and the choices you have. By using the Services you agree to it. The Services are hosted on servers that may be outside your country; by using them you consent to your data being transferred to and processed in those locations as described in the Privacy Policy.

We respect the intellectual property of others. If you believe that material available through the Services infringes a copyright you own or control, send a notice to [email protected] that includes: your physical or electronic signature; identification of the copyrighted work; identification of the material you say is infringing and enough information for us to find it; your contact details; a statement that you believe in good faith that the use is not authorised by the owner, its agent or the law; and a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorised to act for the owner.

If your content was removed because of a notice and you believe that was a mistake, you may send a counter-notice with the corresponding information. Knowingly making a false claim in a notice or counter-notice may make you liable for damages. Accounts that repeatedly infringe are terminated.

These terms remain in effect while you use the Services. You may close your account at any time from your security settings; closing it is permanent and ends your plans, your balance and your referral rewards. We may, in our sole discretion and without notice or liability, deny access to the Services to any person for any reason, including breach of any representation, warranty or covenant in these terms or of any law, and we may delete your account and data without warning.

If we terminate or suspend your account for breach, you may not register a new account under your own or a borrowed name, and we may pursue any remedy available to us. Provisions of these terms that by their nature should survive termination do so, including ownership, warranty disclaimers, limitations of liability and indemnification.

We may change, add to or remove parts of the Services, including the tools and plans we offer, at any time and without notice. We are not liable to you or anyone else for any such change, or for any suspension or discontinuation of the Services.

We cannot promise the Services will be available at all times. Hardware, software and network problems, maintenance, and changes made by the makers of the tools we provide can cause interruptions, delays and errors. Nothing in these terms obliges us to maintain or support the Services or to provide any correction, update or release.

These terms are governed by the laws of the country in which MarketingMonster is established, without regard to conflict-of-law rules, except where the mandatory consumer protection laws of your country of residence give you greater protection.

If you have a dispute with us, please write to [email protected] first: most problems can be solved quickly and informally. If we cannot resolve a dispute within 30 days of your first message, either of us may bring it before the competent courts of the place where MarketingMonster is established, or, if you are a consumer, of your place of residence where the law so provides.

You agree that any claim you bring is on your own behalf and not as a plaintiff or class member in a class or representative proceeding, to the extent the law allows.

The Services may contain typographical errors, inaccuracies or omissions, including in descriptions, pricing, tool lists and availability. We may correct them and change or update information at any time without notice.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE THEM AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS OR RESULTS OF ANY TOOL OR REPORT, AND WE ASSUME NO LIABILITY FOR ERRORS OR INACCURACIES IN CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR USE OF THE SERVICES, UNAUTHORISED ACCESS TO OUR SERVERS OR TO YOUR DATA, INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES, OR ANY VIRUSES OR SIMILAR CODE TRANSMITTED THROUGH THE SERVICES BY A THIRD PARTY.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, IS AT ALL TIMES LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some laws do not allow limitations on implied warranties or the exclusion of certain damages; if those laws apply to you, some of the above may not apply and you may have additional rights.

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners and employees, from any loss, damage, liability, claim or demand, including reasonable legal fees, made by any third party because of or arising from: Your Data; your use of the Services or of any tool through them; your breach of these terms or of your representations and warranties; your violation of the rights of a third party, including intellectual property rights; or any harmful act toward another user. We may take exclusive control of the defence of any matter you must indemnify us for, at your expense, and you agree to cooperate with that defence.

We keep the data you transmit to the Services to operate them, along with data about your use of them. Tool sessions run in isolated environments that are destroyed when a session ends, so work you do inside a tool should be exported before the session closes. Although we back up account data regularly, you are solely responsible for the data you enter and for keeping your own copies of reports and exports. To the extent the law allows, we have no liability for the loss or corruption of any such data, and you waive any right of action against us arising from it.

Using the Services, sending us email and filling in forms are electronic communications. You consent to receive electronic communications from us and agree that agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures, contracts, orders and records, and to the electronic delivery of notices, policies and records of transactions initiated or completed by us or through the Services. You waive any rights under any law that requires an original signature or the delivery or retention of non-electronic records, or payment or credit by other than electronic means.

These terms and any policies posted on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision is not a waiver of it. We may assign any of our rights and obligations to others at any time. We are not responsible for any loss, damage, delay or failure to act caused by something beyond our reasonable control, including the withdrawal of a tool by its maker.

If any provision of these terms is held unlawful, void or unenforceable, that provision is severable and does not affect the validity and enforceability of the rest. No joint venture, employment or agency relationship is created between you and us by these terms or by your use of the Services. You agree that these terms will not be construed against us because we drafted them.

To resolve a complaint about the Services or to receive further information about them, contact us at [email protected].