Terms of Service

1 Acceptance of Terms

These Terms of Service ("Terms") form a legally binding agreement between you ("User", "you", or "your") and Blockstars Technology, trading as Monster SMS ("we", "us", "our", "Monster SMS"), a company registered in Queensland, Australia.

By registering for an account, accessing, or using the Monster SMS platform at app.monstersms.ai or any associated websites, APIs, or services, you agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or policies incorporated by reference.

If you are using Monster SMS on behalf of a business or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and references to "you" or "your" shall include that entity.

2 Service Description

Monster SMS is a cloud-based SMS marketing and business communication platform operated by Blockstars Technology from Gold Coast, Queensland, Australia. The platform enables businesses to:

• Send bulk SMS campaigns - broadcast text messages to contact lists at scale
• Manage two-way SMS conversations - receive and reply to messages from contacts in real time
• Deploy AI auto-reply agents - configure intelligent, automated responses powered by Microsoft Azure AI (available 24/7, no coding required)
• Manage contacts - import, segment, and maintain contact lists with opt-out management
• Track campaign performance - access delivery reports, open analytics, and response metrics
• Manage multi-tenant workspaces - agencies and enterprise users may manage multiple client accounts under one login
• Port existing numbers - import Twilio-provisioned phone numbers into the platform

SMS delivery is facilitated via our telecommunications partner Twilio Inc. The platform is accessed via the web application at app.monstersms.ai and via our API.

We reserve the right to modify, enhance, suspend, or discontinue any aspect of the service at any time, subject to the notice provisions in these Terms.

3 Account Responsibilities

To use Monster SMS, you must create an account by providing accurate and complete information including your name, email address, and a valid mobile phone number.

Eligibility

• You must be at least 18 years of age to register
• You must have the legal capacity to enter into binding contracts under the laws of your jurisdiction
• Registrations made by automated means are prohibited

Account Security

• You must provide truthful, accurate, and current registration information
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account
• You must notify us immediately at [email protected] if you suspect unauthorised access to your account or any security breach
• You may not share account credentials with unauthorised persons (team workspaces and role-based access are available for multi-user access)
• You are responsible for ensuring your account settings, sender IDs, and messaging configurations comply with these Terms at all times

Business Accounts

If you register on behalf of a company or organisation, the entity will be the account holder and you will be the authorised administrator. You represent that you have authority to enter into these Terms on that entity's behalf, and the entity accepts joint responsibility for compliance.

Verification

We may require identity, ABN, or business verification before activating certain features or higher messaging limits. We reserve the right to refuse registration, suspend, or close any account at our sole discretion.

4 Acceptable Use Policy

Monster SMS is a legitimate business communication tool. You agree to use the platform only for lawful purposes and in a manner that does not infringe the rights of others or damage the reputation of Monster SMS or Blockstars Technology.

Prohibited Uses

You must not use Monster SMS to:

• Send unsolicited commercial electronic messages (spam) in violation of the Spam Act 2003 (Cth) or equivalent laws in any jurisdiction
• Send messages to recipients who have not consented to receive communications from you, or who have previously opted out
• Transmit illegal, harmful, threatening, abusive, defamatory, harassing, hateful, or discriminatory content
• Impersonate any person, business, brand, government body, or other entity
• Transmit malware, ransomware, phishing links, fraudulent URLs, or deceptive content of any kind
• Conduct or facilitate scams, fraud, identity theft, or any deceptive trade practice
• Advertise, promote, or facilitate illegal products or services (including unlicensed gambling, illicit substances, or financial fraud)
• Send high-volume messages for the purpose of harassment, flooding, or denial-of-service attacks on recipients
• Deliberately obscure or falsify sender identity in a way that misleads recipients
• Attempt to reverse engineer, decompile, hack, probe, or disrupt the Monster SMS platform or its underlying infrastructure
• Circumvent any rate limits, access controls, messaging restrictions, or security features
• Resell, sublicence, or white-label the service without our prior written consent (agency multi-tenant accounts are available - contact us)
• Use the platform in any way that violates applicable local, state, national, or international law or regulation
• Use automated scripts or bots to interact with the platform outside of our documented API

Content Standards

You are solely responsible for all message content sent through Monster SMS. You warrant that your content does not infringe any third-party intellectual property rights, privacy rights, or applicable laws. We may review and remove content that violates these Terms at our discretion.

5 Spam Act 2003 Compliance

The Spam Act 2003 (Cth) prohibits the sending of unsolicited commercial electronic messages to or from Australia. As the sender of messages through Monster SMS, you are solely and legally responsible for ensuring all your messaging activities comply with the Spam Act and the guidelines issued by the Australian Communications and Media Authority (ACMA).

Your Three Core Obligations Under the Spam Act

• Consent - You may only send commercial messages to recipients who have provided express consent (e.g., an opt-in tick box, keyword sign-up) or inferred consent (e.g., an existing business relationship where messaging is reasonably expected). Purchased lists or scraped contacts do not constitute consent.
• Identification - Every commercial message must clearly and accurately identify you or your business as the sender. Sender ID must not be misleading.
• Unsubscribe mechanism - Every commercial message must include a clear, functional, and free-of-charge mechanism for recipients to opt out. You must honour all opt-out requests within 5 business days and must not send further commercial messages to opted-out recipients.

Record-Keeping

You must maintain records of consents and opt-outs in a manner that demonstrates compliance if audited by ACMA. Monster SMS provides opt-out management tools to assist - it is your responsibility to use them correctly.

Penalties

Breaches of the Spam Act can attract civil penalties of up to $1.1 million per day for corporations. Monster SMS is not liable for penalties arising from your non-compliance.

We may suspend or terminate your account if we receive credible complaints of spam, evidence of Spam Act violations, or notification from ACMA of an investigation involving your account.

6 Plans & Messaging Limits

Monster SMS offers the following subscription plans. All prices are in Australian dollars (AUD) and are inclusive of GST unless otherwise stated.

Message Top-Ups

Additional messages can be purchased at any time on top of your plan:

• 500 messages @ $0.06 per message (6c each)
• 1,000 messages @ $0.055 per message (5.5c each)

Usage Policy

• Monthly message allowances reset on your billing anniversary date
• Unused messages do not roll over to the following month
• Once your monthly limit is reached, messages will not be sent until you purchase a top-up or upgrade your plan
• Message counts are calculated on a per-segment basis: a standard SMS is 160 characters; messages exceeding 160 characters are split into multiple segments and counted accordingly
• We reserve the right to adjust plan inclusions with 30 days' written notice to existing subscribers

7 Payment Terms

Billing

• Paid plans are billed monthly in advance on the date you first subscribe ("billing anniversary")
• All prices are quoted in Australian dollars (AUD) and are inclusive of GST at 10%
• Payment is processed via our third-party payment processor; your full card details are not stored on our servers
• Tax invoices (compliant with Australian GST legislation) are available in your account dashboard

Failed Payments

If a payment fails, we will notify you by email and may attempt to re-process the charge. If payment remains outstanding after 7 calendar days, your account may be downgraded to the Free tier and access to paid features suspended until payment is successfully processed.

Upgrades

You may upgrade your plan at any time through your account settings. Upgrade charges are calculated on a pro-rata basis for the remainder of the current billing period, and the new plan's full rate applies from the next billing anniversary.

Downgrades & Cancellations

Downgrades take effect at the end of the current billing period. You will retain access to your current plan's features until that date. To cancel, use your account settings or contact [email protected].

Price Changes

We may change our pricing from time to time. We will provide at least 30 days' written notice of any price increases to existing subscribers. Your continued use of the service after the effective date of a price change constitutes acceptance of the new pricing.

8 Refund Policy

We want you to be satisfied with Monster SMS. Our refund policy is as follows:

Subscription Fees

Monthly subscription fees are non-refundable once a billing period has commenced. We do not provide refunds or credits for:

• Partial months if you cancel mid-period
• Unused message credits within your plan allowance
• Periods during which your account was suspended due to a breach of these Terms
• Downtime caused by third-party providers (Twilio, Azure, telecommunications networks) outside our reasonable control

Top-Up Credits

Message top-up credits are non-refundable once purchased. Top-up credits do not expire and remain in your account balance until used, unless your account is terminated for breach of these Terms.

Exceptions - Australian Consumer Law

Nothing in this policy limits your rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). If you believe the service has a major failure, is not fit for purpose, or is not of acceptable quality, you may be entitled to a remedy under Australian Consumer Law. Please contact us at [email protected] to discuss your situation.

Contacting Us

For billing enquiries, email [email protected] with your account email and details. We will respond within 5 business days.

9 Service Availability

We will use reasonable endeavours to ensure Monster SMS is available continuously. However, we do not guarantee uninterrupted, error-free service.

• Scheduled maintenance may temporarily affect availability; where possible, we will provide at least 24 hours' advance notice
• We are not responsible for outages caused by third-party providers, including Twilio, Microsoft Azure, or telecommunications carriers
• SMS delivery is subject to carrier availability, network conditions, number provisioning, and recipient device status; we cannot guarantee delivery of every message
• International SMS delivery is subject to the policies and infrastructure of overseas carriers and is not guaranteed

10 Intellectual Property

Our Intellectual Property

All intellectual property rights in the Monster SMS platform - including software, source code, algorithms, user interface designs, trademarks, logos, brand assets, documentation, and all content we create - are owned by or licensed to Blockstars Technology. Nothing in these Terms grants you any right, title, or interest in our intellectual property beyond the limited licence necessary to use the service.

Licence to Use the Service

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use Monster SMS for your internal business purposes during the term of your subscription.

Your Content

You retain full ownership of all content you create and send through Monster SMS, including message templates, contact lists, campaign data, and AI training inputs ("Your Content"). By using the platform, you grant us a limited, non-exclusive, royalty-free licence to host, process, transmit, store, and display Your Content solely to the extent necessary to provide the service to you. We do not use Your Content to train our AI models or for any purpose beyond service delivery.

Feedback

If you submit feedback, bug reports, or suggestions about the platform, you agree that we may incorporate and use this feedback without restriction or compensation to you. You waive any moral rights in such feedback to the extent permitted by law.

11 Your Data

You are the data controller for all personal information you upload, import, or create within Monster SMS, including contact lists and message content. You warrant and represent that:

• You have obtained all necessary consents from your contacts to receive messages from you via SMS
• Your collection, storage, and use of personal data complies with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and any other applicable privacy laws
• You will not upload data relating to sensitive categories of information (health, financial, racial or ethnic origin, religious beliefs) without appropriate safeguards and legal basis
• You will maintain an accurate and up-to-date opt-out list and will not re-add contacts who have unsubscribed
• You will notify us promptly if you become aware of any actual or suspected breach of personal data held on the platform

We act as your data processor for the purposes of processing contact data through the platform. For details on how we handle your personal information (and that of your contacts), please review our Privacy Policy.

12 Limitation of Liability

To the maximum extent permitted by law (including the Australian Consumer Law), Monster SMS and Blockstars Technology, and their respective officers, directors, employees, agents, and contractors, shall not be liable for:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages
• Loss of profits, revenue, data, goodwill, business opportunities, or anticipated savings
• Damages arising from service outages, SMS delivery failures, carrier issues, or third-party provider interruptions
• Loss or corruption of data, including contact lists or message logs
• Damages resulting from unauthorised access to your account where you failed to take reasonable security precautions
• Any claim, loss, or liability arising from your failure to comply with the Spam Act 2003, the Privacy Act 1988, or any other applicable law
• Any claim by a third party (including your recipients) arising from your use or misuse of the platform

Aggregate Liability Cap

Our total aggregate liability to you for all claims arising from or in connection with these Terms or your use of Monster SMS - regardless of the basis of the claim (contract, tort, statute, or otherwise) - shall not exceed the total fees actually paid by you to Monster SMS in the 3 calendar months immediately preceding the event giving rise to the claim.

13 Indemnification

You agree to indemnify, defend, and hold harmless Monster SMS, Blockstars Technology, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, penalties, fines, and expenses (including reasonable legal fees and court costs) arising out of or in connection with:

• Your use or misuse of the Monster SMS platform
• Any message content you create, send, or cause to be sent through the platform
• Your breach of any provision of these Terms
• Your violation of any applicable law, including the Spam Act 2003, Privacy Act 1988, or consumer protection legislation
• Any infringement of third-party rights (including intellectual property rights, privacy rights, or reputation) caused by your use of the platform
• Any claim by a regulator, authority, or third party arising from your messaging activities

We reserve the right to assume exclusive control of the defence of any matter subject to indemnification by you, at your cost. You agree to cooperate with us in the defence of any such claim.

14 Termination

Termination by You

You may cancel your account at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of your current billing period; you will retain access to your plan features until that date. No refunds are provided for any unused portion of the billing period (see Section 8 - Refund Policy).

Suspension or Termination by Us

We may suspend access to your account immediately, and may terminate your account with or without notice, if:

• You breach any provision of these Terms (including the Acceptable Use Policy or Spam Act compliance obligations)
• You engage in spam, fraudulent, illegal, or abusive activity through the platform
• We receive credible complaints of Spam Act violations or complaints from your message recipients
• A regulator (including ACMA) notifies us of an investigation or direction concerning your account
• Payment remains outstanding and is not resolved within 14 calendar days of our notification
• We are required to do so by law, court order, or a regulatory authority
• We reasonably determine that continued provision of the service poses a material risk to other users, our infrastructure, our legal standing, or our business reputation

Where we suspend rather than terminate your account, we will notify you and give you a reasonable opportunity to remedy the breach, unless the breach is of a kind that cannot be remedied or involves illegal activity.

Effect of Termination

Upon termination of your account (by you or by us):

• Your access to the platform and all paid features will cease
• Active campaigns and scheduled messages will be cancelled
• We will retain your data in accordance with our Privacy Policy and applicable legal requirements
• You may request an export of your data within 30 days of termination; after this period, data may be permanently deleted
• Any outstanding fees remain payable
• Provisions of these Terms that by their nature survive termination (including Sections 10, 12, 13, 16, and 17) shall continue to apply

15 Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Sending an email notification to the address associated with your account, and/or
• Displaying a prominent notice within the platform

Material changes will take effect no earlier than 14 days after the notification date (or such longer period as required by applicable law). Non-material changes (e.g., corrections to typos or clarifications that do not affect your rights) may take effect immediately.

Your continued use of Monster SMS 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 service and cancel your account before the effective date.

We will maintain a version history of these Terms on request. The "Last updated" date at the top of this page indicates when the most recent revision was published.

16 Governing Law

These Terms, and any dispute, controversy, or claim arising out of or relating to these Terms or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Queensland, Australia.

You irrevocably submit to the exclusive jurisdiction of the courts located in Queensland, Australia for the resolution of any disputes arising under or in connection with these Terms, except as provided in Section 17 (Dispute Resolution).

If you are accessing the service from outside Australia, you acknowledge that you do so voluntarily and that your use of the platform is subject to Australian law. Nothing in these Terms limits the application of mandatory consumer protection laws in your jurisdiction that cannot be waived by agreement.

17 Dispute Resolution

Step 1 - Informal Resolution

Before initiating any formal legal proceedings, you agree to contact us at [email protected] with a written description of the dispute and the remedy you are seeking. We will make reasonable efforts to resolve the dispute amicably within 30 days of receiving your notice.

Step 2 - Mediation

If the dispute cannot be resolved informally within 30 days, either party may refer it to mediation administered by the Australian Disputes Centre (ADC) or a mutually agreed accredited mediator. The costs of mediation shall be shared equally unless the mediator orders otherwise.

Step 3 - Courts

If mediation fails to resolve the dispute within a further 30 days (or such extended period as the parties may agree), either party may commence proceedings in the courts of Queensland, Australia, as provided in Section 16.

Interim Relief

Nothing in this clause prevents either party from seeking urgent injunctive relief, an Anton Piller order, or other interim or interlocutory relief from a court of competent jurisdiction where immediate legal action is necessary to protect that party's rights.

Small Claims

You may also bring a complaint in the Queensland Civil and Administrative Tribunal (QCAT) or your local small claims tribunal if the amount in dispute falls within that tribunal's jurisdiction.

18 General

• Entire Agreement - These Terms, together with our Privacy Policy and any order forms or Enterprise agreements, constitute the entire agreement between you and Monster SMS regarding your use of the platform and supersede all prior negotiations, representations, and agreements.
• Severability - If any provision of these Terms is found by a court to be unlawful, void, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the enforceability of the remaining provisions.
• Waiver - Our failure to enforce any provision of these Terms on one occasion shall not constitute a waiver of our right to enforce it on a future occasion. Any waiver must be in writing and signed by an authorised representative.
• Assignment - You may not assign, transfer, novate, or sub-licence your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in connection with a merger, acquisition, corporate restructure, or sale of substantially all of our assets. We will notify you of any such assignment.
• Force Majeure - Neither party shall be liable to the other for any delay or failure to perform its obligations (other than a payment obligation) where that delay or failure is caused by circumstances beyond that party's reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, government action, or telecommunications failures.
• No Agency or Partnership - Nothing in these Terms creates or implies a partnership, joint venture, employment, agency, or franchisee relationship between you and Monster SMS. You have no authority to make representations or incur obligations on our behalf.
• Notices - Notices from us to you will be sent to the email address registered to your account. Notices from you to us must be sent to [email protected]. Notices are deemed received: (email) 24 hours after sending, provided no bounce-back is received.
• Headings - Section headings are for convenience only and do not affect the interpretation of these Terms.

19 Contact Us

For any questions, concerns, or notices regarding these Terms of Service, please contact our team:

For privacy-related enquiries, see our Privacy Policy or contact us at the email above with the subject line "Privacy Enquiry".

For complaints or disputes, refer to Section 17 (Dispute Resolution).