Terms of Service

October 8, 2025

Introduction

Welcome to monstera.club. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and monstera.club ("we," "us," or "our"). This document governs your access to and use of our software, services, and platform (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy.

Early Access Notice: This Service is currently in Early Access phase. This means features may iterate rapidly, and service availability may fluctuate from time to time. We appreciate the understanding and feedback of our early users.

1. Service Description and Intended Use

1.1. What We Provide

monstera.club provides an advanced AI-powered platform designed to help content creators enhance their live streaming experience through intelligent interaction management and community engagement tools.

1.2. Intended Use Cases

Our Service is designed for legitimate purposes including:

Content Testing

Evaluate content effectiveness and audience engagement patterns

Streaming Practice

Help new creators develop confidence and skills

Community Management

Maintain consistent interaction and atmosphere

Content Moderation

Automated chat moderation and management

Analytics & Insights

Understand interaction patterns and optimize content strategy

Accessibility Support

Assist creators who need help managing real-time interactions

1.3. Core Principles

Tool Philosophy: We provide technology; users are responsible for its appropriate application

Quality Enhancement: Our Service aims to enhance, not replace, genuine community interaction

Ethical Use: Users must ensure their use adds value to the streaming ecosystem and complies with applicable platform policies

Responsible Innovation: We are committed to building features that respect both creators and platforms

2. Account Terms

2.1. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you must have permission from a parent or legal guardian. By creating an account, you represent that you have the legal capacity to enter into these Terms.

2.2. Account Registration

You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use
  • Not share your account with others

2.3. Account Configuration Options

2.3.1. Platform-Managed Accounts

We offer managed accounts for users who prefer not to handle account credentials directly. These are shared resources maintained by monstera.club. While we maintain these accounts in good standing to the best of our ability:

  • Their continued availability on any specific platform cannot be guaranteed
  • Performance may vary based on platform policies and limitations
  • Access may be temporarily or permanently restricted by platforms
  • You acknowledge that use of shared accounts may be subject to platform terms of service

2.3.2. User-Managed Accounts (Custom Accounts)

You may choose to connect your own platform accounts by providing necessary authentication credentials. By using this feature, you:

  • Acknowledge full responsibility for your account's security and compliance
  • Warrant that you have the right to grant us operational access to your account
  • Understand that providing third-party access to your account may conflict with certain platform policies, and you voluntarily assume all risks associated with this choice
  • Accept that actions taken by platforms regarding your account (including warnings, suspensions, or terminations) are your sole responsibility
  • Agree that we are not liable for any consequences resulting from platform actions against your account

Important Notice:

Different platforms have varying policies regarding automation and third-party access. We strongly recommend:

  • Reviewing your platform's current terms of service before enabling custom accounts
  • Starting with platform-managed accounts to test functionality
  • Using a secondary or test account if you have concerns
  • Contacting us at [email protected] if you have questions about compliance

3. User Responsibilities and Acceptable Use

3.1. Compliance Obligations

Your use of the Service is strictly conditional upon:

  • Compliance with these Terms
  • Compliance with applicable laws and regulations
  • Compliance with the terms of service of any third-party platform on which you operate
  • Adherence to our Fair Use Policy (incorporated by reference)

Any violation of a platform's terms of service while using our Service may constitute a violation of these Terms and may result in immediate account suspension or termination.

3.2. Professional Standards

Users agree to use the Service exclusively for:

  • Enhancing content quality and viewer experience
  • Building authentic communities
  • Testing and improving streaming strategies
  • Supporting positive interactions
  • Legitimate content moderation and management

3.3. Prohibited Activities

You agree NOT to use the Service to:

  • Violate any applicable laws, regulations, or third-party rights
  • Infringe on intellectual property rights
  • Harass, abuse, threaten, or harm others
  • Spread misinformation, disinformation, or engage in deceptive practices
  • Artificially manipulate engagement metrics (such as viewer counts, follower counts, or likes) in violation of platform policies
  • Spam or flood chat rooms with excessive, repetitive, or irrelevant messages
  • Scrape, collect, or harvest personal information without consent
  • Interfere with or disrupt the integrity or performance of the Service or any platform
  • Bypass, disable, or circumvent any security measures or access restrictions
  • Create bots that impersonate real individuals without clear and conspicuous disclosure of their automated nature
  • Use the Service to create multiple fake accounts or engagement
  • Engage in any activity that could harm monstera.club's reputation or relationship with platforms
  • Reverse engineer, decompile, or attempt to extract source code from our Service
  • Resell or redistribute access to the Service without authorization

3.4. Bot Identification

When using custom accounts, you are strongly encouraged to:

  • Clearly identify automated accounts with appropriate naming (e.g., including "[Bot]", "[AI]", or 🤖 in the username)
  • Configure bot behavior to be distinguishable from organic user activity
  • Disclose the automated nature of interactions when appropriate

4. Compliance and Best Practices

4.1. Platform Compliance Responsibility

Users are solely responsible for understanding and complying with the terms of service of any platforms they use in conjunction with our Service. We encourage users to:

  • Review platform policies regularly as they may change
  • Use our Service in a manner consistent with platform guidelines
  • Maintain appropriate transparency about automation use
  • Focus on adding genuine value to the streaming community
  • Start with conservative usage levels and scale responsibly

4.2. Usage Limits and Monitoring

To maintain service quality and prevent abuse:

  • All accounts are subject to usage limits based on their subscription tier
  • We monitor for unusual patterns that may indicate policy violations
  • We reserve the right to temporarily limit or suspend accounts exhibiting suspicious behavior pending investigation
  • Automated systems may flag accounts for review

4.3. Trusted User Program

Professional users with demonstrated responsible use may apply for our Trusted User Program, which offers:

  • Moderately increased operational limits
  • Priority support
  • Early access to new features

All applications undergo manual review. Approved users remain subject to ongoing compliance monitoring and must maintain high standards of responsible use.

4.4. Abuse Prevention and Reporting

We take abuse seriously and have established clear reporting and response mechanisms:

Reporting Channel

  • Anyone can report potential abuse to [email protected]
  • We welcome reports from users, non-users, and platform representatives

Response Commitment

  • We commit to responding to all valid reports within 48-72 hours
  • For confirmed violations, we will take appropriate action including warnings, suspension, or permanent account termination
  • Serious or repeated violations will result in immediate service termination

Continuous Improvement

  • We continuously optimize our monitoring systems to better detect and prevent abuse
  • We cooperate with platforms and relevant parties to ensure responsible service operation
  • As an early-stage service, our operational scale is limited, but our commitment to responsible operation is genuine and enduring

Cooperative Approach

  • We are committed to building positive relationships with platforms
  • We take reasonable concerns raised by platforms seriously and respond promptly
  • We welcome oversight and feedback from the community

5. Third-Party Platforms

5.1. Independence

monstera.club is an independent third-party service and is not affiliated with, endorsed by, or officially connected with any live streaming platforms including but not limited to Bilibili, Twitch, YouTube, TikTok, or any of their subsidiaries or affiliates.

5.2. Trademarks

All platform names, logos, and trademarks are the property of their respective owners. Any reference to these platforms is for descriptive purposes only.

5.3. Platform Changes

Platforms may change their policies, APIs, or technical infrastructure at any time. We cannot guarantee:

  • Continued compatibility with any specific platform
  • That our Service will not be restricted or blocked by platforms
  • That platform changes will not affect functionality

5.4. Your Platform Relationship

Your relationship with any third-party platform is independent of your relationship with monstera.club. We are not responsible for:

  • Platform actions, decisions, or policy enforcement
  • Changes to platform features or availability
  • Disputes between you and any platform

6. Payment, Billing, and Refunds

6.1. Fees and Billing

By purchasing a service plan, you agree to:

  • Pay all applicable fees according to your selected plan
  • Provide valid, current, and complete payment information
  • Authorize us to charge your payment method for all applicable fees
  • Update your payment information promptly if it changes
  • Be responsible for all applicable taxes, duties, and governmental charges

6.2. Subscription Terms

  • Subscriptions automatically renew unless cancelled
  • You may cancel at any time; cancellation takes effect at the end of the current billing period
  • No refunds are provided for partial billing periods unless required by law
  • We reserve the right to change pricing with 30 days notice

6.3. Refund Policy

You may request a self-service refund if all of the following conditions are met:

  • The purchase was made within the last 14 days
  • The total usage time associated with the purchase is less than 30 minutes
  • You have not utilized a self-service refund in the past 30 days
  • It has been at least 7 days since your first purchase on this platform
  • Your account is in good standing with no policy violations

Refunds meeting these criteria can be processed through your account dashboard. Refund requests outside these parameters will be evaluated on a case-by-case basis.

7. Intellectual Property

7.1. Service Ownership

monstera.club and its licensors retain all rights, title, and interest in and to the Service, including:

  • All software, algorithms, and technology
  • User interface designs and visual elements
  • Trademarks, logos, and branding
  • Documentation and instructional materials
  • Innovations, improvements, and derivative works

7.2. Your Content

You retain ownership of all content you create through the Service, including:

  • Custom instructions and configurations
  • Bot personality definitions and behavioral rules
  • Your specific operational parameters

7.3. License to Us

You grant us a limited, worldwide, non-exclusive, royalty-free license to:

  • Use, reproduce, store, and transmit your content solely for the purpose of providing the Service to you
  • Analyze usage patterns in aggregate (anonymized) form to improve the Service
  • Use feedback you provide to enhance our offerings

7.4. Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation or compensation to you.

8. Data Processing and Privacy

8.1. Privacy Policy

Our collection, use, and protection of personal information is described in our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to our data practices as described in the Privacy Policy.

8.2. Security

We implement industry-standard security measures, including:

  • AES-256-GCM encryption for stored credentials
  • Encrypted transmission of all sensitive data
  • Regular security audits and updates
  • Access controls and authentication systems

8.3. Data Retention

We retain your data only as long as necessary to provide the Service and comply with legal obligations. You may request data deletion at any time, subject to legal retention requirements.

9. Disclaimers and Limitation of Liability

9.1. Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Special Notice:

As an Early Access service, you understand and accept that:

  • Features may have bugs or be incomplete
  • Service availability may be unstable
  • We may frequently update or modify features
  • Certain features may be removed or changed in the future

9.2. No Guarantee of Results

We do not guarantee:

  • That the Service will meet your specific requirements
  • That the Service will achieve any particular results
  • That the Service will be compatible with any particular platform
  • That defects will be corrected
  • That your use will comply with any third-party platform's policies

9.3. Platform Risks

You expressly acknowledge and agree that:

  • Use of automation tools may conflict with certain platform policies
  • Platforms may take action against accounts using our Service
  • We have no control over platform decisions or policy enforcement
  • Platform compatibility may change without notice
  • YOU USE THE SERVICE AT YOUR OWN RISK

9.4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

MONSTERA.CLUB SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Loss of use, goodwill, or reputation
  • Service interruptions or data loss
  • Costs of substitute services
  • Actions taken by third-party platforms
  • Unauthorized access to your accounts or data

WHETHER ARISING FROM:

  • Contract, tort, negligence, strict liability, or any other theory
  • Even if advised of the possibility of such damages
  • Regardless of whether the claim is based on warranty, contract, tort, or any other legal theory

9.5. Cap on Liability

IN NO EVENT SHALL MONSTERA.CLUB'S TOTAL AGGREGATE LIABILITY for all claims relating to the Service exceed the greater of:

  • The total amount of fees paid by you to us during the twelve (12) months immediately preceding the claim, OR
  • One hundred US dollars ($100)

9.6. Essential Terms

You acknowledge that these limitations of liability are essential terms of this agreement and that we would not provide the Service without these limitations.

10. Indemnification

10.1. Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless monstera.club and related parties from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your violation of any third-party rights, including intellectual property rights or privacy rights
  • Your violation of any third-party platform's terms of service
  • Any claim or action brought by a third-party platform arising from your use of the Service
  • Content you create, post, or transmit through the Service
  • Any dispute between you and any third party
  • Any security issues related to credentials you provided for custom accounts
  • Any costs incurred by monstera.club in responding to legal inquiries or procedures related to your account

10.2. Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You will not settle any claim without our prior written consent.

10.3. Survival

This indemnification obligation will survive the termination of your account and your use of the Service.

11. Termination

11.1. Termination by You

You may terminate your account at any time by:

Termination does not entitle you to refunds outside of our stated refund policy. You remain responsible for all charges incurred prior to termination.

11.2. Termination by Us

We may suspend or terminate your account immediately, with or without notice, at our sole discretion for any reason, including but not limited to:

  • Violation of these Terms or our Fair Use Policy
  • Violation of applicable laws or regulations
  • Suspected fraudulent, abusive, or illegal activity
  • Requests from law enforcement or government authorities
  • Requests or complaints from third-party platforms
  • Extended periods of inactivity
  • Discontinuation or material modification of the Service
  • Conduct that damages our reputation or relationships with platforms
  • Any activity that creates legal or operational risk

11.3. Effect of Termination

Upon termination:

  • Your right to use the Service immediately ceases
  • We may delete your account data in accordance with our Privacy Policy
  • You remain liable for any outstanding fees
  • All provisions of these Terms that by their nature should survive will survive, including: ownership provisions, warranty disclaimers, indemnification, and limitations of liability

11.4. No Refund Upon Termination for Cause

If we terminate your account for violation of these Terms, you are not entitled to any refund of prepaid fees.

12. Dispute Resolution

12.1. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the applicable laws of your jurisdiction. If any legal dispute arises from these Terms, the parties agree to first attempt resolution through amicable negotiation.

If negotiation fails to resolve the dispute, the parties agree to resolve it through:

  • For disputes not exceeding $5,000 USD, through online dispute resolution platforms or small claims procedures
  • For larger disputes, through binding arbitration (as detailed below)

12.2. Informal Resolution

Before initiating any formal proceedings, you agree to:

  • Attempt to resolve the dispute informally by contacting [email protected]
  • Give us at least 30 days to respond and negotiate
  • Provide sufficient information and documentation regarding the dispute

We commit to taking all disputes seriously and attempting in good faith to reach a fair resolution.

12.3. Arbitration Agreement

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (exceeding $5,000 USD) shall be resolved through binding arbitration

Arbitration Rules:

  • Arbitration shall be conducted online or at a mutually agreed location
  • Internationally recognized arbitration rules shall apply (such as ICC, ICDR, or similar institutions)
  • The arbitration language shall be English
  • Decision shall be made by one arbitrator

Exceptions to Arbitration:

  • Either party may seek injunctive relief in court to protect intellectual property rights
  • Small claims not exceeding $5,000 USD may be resolved through small claims procedures

Arbitration Rules:

  • Arbitration shall be conducted online or at a mutually agreed location
  • Internationally recognized arbitration rules shall apply (such as ICC, ICDR, or similar institutions)
  • The arbitration language shall be English
  • Decision shall be made by one arbitrator

Exceptions to Arbitration:

  • Either party may seek injunctive relief in court to protect intellectual property rights
  • Small claims not exceeding $5,000 USD may be resolved through small claims procedures

12.4. Class Action Waiver

YOU AND MONSTERA.CLUB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

12.5. Costs

  • For consumer users, if your claim is reasonable, we will bear the administrative and arbitrator fees for arbitration
  • Each party bears its own attorney fees unless applicable law provides otherwise or the arbitrator rules otherwise

13. General Provisions

13.1. Modifications to Terms

We may update these Terms from time to time. We will provide notice of material changes by:

  • Sending an email to the address associated with your account
  • Posting a notice through the Service
  • Updating the "Last Updated" date at the top of these Terms

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

13.2. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

13.3. Entire Agreement

These Terms, together with our Privacy Policy and Fair Use Policy, constitute the entire agreement between you and monstera.club regarding the Service.

13.4. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.5. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations at any time.

13.6. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, pandemic, network infrastructure failures, etc.

13.7. Relationship of Parties

You and monstera.club are independent parties. These Terms do not create any agency, partnership, or employment relationship.

13.8. Language

If there is any conflict between the English version and any translated version of these Terms, the English version shall prevail.

14. Contact Information

General Support:

We aim to respond within 24-72 hours

Legal Questions:

For questions about these Terms, compliance, or legal matters

Report Abuse:

For reporting violations of our Terms or policies

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Thank you for choosing monstera.club and accompanying us on this journey. Let's explore the possibilities of AI-assisted streaming responsibly together.

This version is applicable during the Early Access phase. When the service enters formal operation or establishes a corporate entity, certain terms may be updated. We will notify you in advance of any material changes.