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Terms of Service

Last updated: April 3, 2026

1. Agreement to Terms

By accessing or using the MonetaPoint platform, website, APIs, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you ("you," "your," or "Client") and MonetaPoint ("we," "us," "our," or "Company"). By using the Service, you represent that you are at least 18 years of age and have the legal authority to enter into this agreement on behalf of yourself or the business entity you represent.

2. Description of Service

MonetaPoint provides an automated lead response, follow-up, and revenue intelligence platform for service businesses. The Service includes but is not limited to: automated SMS responses to inbound leads, AI-generated follow-up messaging sequences, lead management dashboards, analytics, and an AI-powered business analyst.

The Service uses artificial intelligence to generate message content on behalf of your business. While we strive for accuracy and professionalism, AI-generated content may occasionally contain errors. You are responsible for monitoring and overseeing the messages sent on your behalf and may disable automated responses at any time.

3. Account Registration and Security

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that provide false information, violate these Terms, or engage in fraudulent or abusive behavior.

4. Subscription and Payment

Billing. The Service is offered on a monthly subscription basis. By subscribing, you authorize us to charge your designated payment method on a recurring monthly basis at the rate specified at the time of your subscription.

Price Changes. We reserve the right to modify pricing at any time. You will be notified at least 30 days in advance of any price increase. Continued use of the Service after a price change constitutes acceptance of the new pricing.

Refunds. Subscription fees are non-refundable except as required by applicable law. Setup fees, if any, are non-refundable once the onboarding process has begun.

Cancellation. You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period. No partial refunds are provided for unused time within a billing period.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations, including but not limited to:

  • The Telephone Consumer Protection Act (TCPA) and all FCC regulations governing SMS communications
  • The CAN-SPAM Act for any email communications
  • All applicable state consumer protection laws
  • All applicable data privacy laws, including CCPA and any state-specific privacy regulations

You may not use the Service to: send unsolicited messages to consumers who have not provided consent; transmit content that is defamatory, obscene, threatening, or otherwise objectionable; impersonate another person or entity; interfere with or disrupt the Service or its infrastructure; or attempt to gain unauthorized access to any part of the Service.

6. SMS and Messaging Compliance

You acknowledge that the Service sends SMS messages on behalf of your business. You are solely responsible for ensuring that you have obtained proper consent from recipients before messages are sent. MonetaPoint includes opt-out language in initial messages and processes opt-out requests (STOP) immediately and permanently.

You agree that you will not use the Service to contact any individual who has opted out of receiving messages, who is on the National Do Not Call Registry (for marketing purposes), or who has otherwise indicated they do not wish to be contacted. Violation of SMS compliance requirements may result in immediate termination of your account.

7. Data Ownership and Usage

Your Data. You retain all ownership rights to your business data, lead information, customer data, and any content you provide to the Service ("Your Data"). We do not sell, share, or distribute Your Data to third parties except as necessary to provide the Service.

License to Us. You grant MonetaPoint a limited, non-exclusive, worldwide license to use, process, and store Your Data solely for the purpose of providing the Service, improving the Service, and fulfilling our obligations under these Terms.

Aggregated Data. We may use anonymized, aggregated data derived from your usage of the Service for analytical purposes, benchmarking, and service improvement. Such aggregated data will not identify you or your customers individually.

Data Portability. Upon written request, we will provide you with an export of Your Data in a standard machine-readable format within 30 days. Upon termination of your account, Your Data will be retained for 90 days and then permanently deleted unless a longer retention period is required by law.

8. Intellectual Property

The Service, including its software, design, features, documentation, and all related intellectual property, is owned by MonetaPoint and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it as described herein.

AI-generated messages created by the Service on behalf of your business become your property once sent. However, the underlying AI models, prompts, algorithms, and technology used to generate those messages remain the exclusive property of MonetaPoint.

9. Third-Party Services

The Service integrates with third-party providers including but not limited to Twilio (SMS delivery), Anthropic (AI services), Calendly (scheduling), and payment processors. Your use of the Service is also subject to the terms and policies of these third-party providers. We are not responsible for the availability, performance, or policies of third-party services.

10. Service Availability and Modifications

We strive to maintain 99.5% uptime for the Service. However, we do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify you of material changes to the Service at least 14 days in advance.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONETAPOINT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MONETAPOINT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

MonetaPoint is not responsible for the outcome of any business transaction, lead conversion, appointment booking, or customer interaction facilitated through the Service. Results may vary and are not guaranteed.

12. Indemnification

You agree to indemnify, defend, and hold harmless MonetaPoint, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including TCPA; (d) your violation of any third-party rights; or (e) any content or data you provide to the Service.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

We do not warrant or guarantee any specific results from the use of the Service, including but not limited to lead response rates, booking rates, revenue increases, or return on investment. Any performance metrics, statistics, or results referenced in our marketing materials are based on industry data and actual client results but are not guaranteed for your business.

14. Termination

Either party may terminate this agreement at any time. You may cancel your subscription through your account settings or by contacting us directly. We may terminate or suspend your access to the Service immediately, without prior notice, if you breach these Terms, engage in illegal activity, or pose a risk to the Service or other users.

Upon termination: (a) your right to use the Service ceases immediately; (b) you remain liable for any outstanding payment obligations; (c) we will retain Your Data for 90 days, after which it will be permanently deleted; (d) all provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership, warranty disclaimers, indemnification, and limitations of liability.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall first be submitted to good-faith mediation. If mediation is unsuccessful, disputes shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Changes to Terms

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and, where possible, by sending notice to the email address associated with your account. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms.

17. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and MonetaPoint regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver. The failure of MonetaPoint to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

18. Contact

If you have questions about these Terms of Service, please contact us at:

MonetaPoint
Email: legal@monetapoint.com