Terms of Use

1.1. Our Purpose 🚀

Our services offer our users the ability to easily create a beautiful and highly functional online presence, to manage and promote businesses, content, and ideas, and to have a great overall experience doing so, without needing to be a technology expert or design guru. The websites and online and mobile platforms created by Users are collectively referred to herein as the (“User Platform(s)”).

1.2. Legal Agreement 🤝

These Makes.Monster Terms of Use (“Terms of Use”), together with any applicable additional terms (collectively the “Makes.Monster Terms”), set forth all terms and conditions applicable to each visitor or user (“User” or “you”) of the Makes.Monster website, mobile application, and/or any other services offered by us (collectively – the “Makes.Monster Services” or “Services”).

The Makes.Monster Terms constitute a binding and enforceable legal contract between Makes.Monster and you, so please read them carefully. If you do not read, fully understand, and agree to the Makes.Monster Terms, you must immediately leave the Makes.Monster website and discontinue all use of the Makes.Monster Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at https://makes.monster/privacy-policy (“Privacy Policy”). 🔒

1.3. User Account and Responsibility 🔑

To access certain sections and features, you must first register and create a User Account.

You must provide accurate and complete information when registering your User Account. We will use the contact and billing information to identify the actual and true owner of the User Account.

In case of a dispute over User Account ownership, we reserve the right to determine ownership based on our reasonable judgment, considering:

• 📧 The person or entity who has access to the email address listed in Makes.Monster's records.
• 💳 If Paid Services were purchased, the person or entity whose billing details were used.
• 🌐 If connected to a custom domain, the registered registrant of that domain.

2.1. You represent and warrant that: ✅

• ✅ You are at least eighteen (18) years of age (or the age of legal majority in your jurisdiction, if older), and possess the legal authority to enter into the Makes.Monster Terms;
• ✅ You are not a resident of a country or jurisdiction with which trade is prohibited under Spanish or European Union law;
• ✅ You understand that Makes.Monster does not provide legal advice or recommendations;
• ✅ You own all rights in and to the User Content uploaded or provided by you;
• ✅ Your User Content is (and will continue to be) true, current, accurate, does not infringe upon any third-party rights, and is lawful to use;
• ✅ You have obtained all required consents and permissions under applicable laws regarding the posting of personal information and/or image or likeness of any person.

2.2. You agree and undertake: 👍

• 👍 To fully comply with all applicable laws and contractual terms governing your use of the Makes.Monster Services;
• 👍 To be solely responsible and liable with respect to any use of the Makes.Monster Services under your User Account;
• 👍 To regularly and independently save and back up copies of any of your User Content;
• 👍 To allow Makes.Monster to use any version of your User Platform (or any part thereof) for marketing and promotion activities;
• 👍 To accept Makes.Monster’s sole discretion regarding the means, manner, and method for performing the Makes.Monster Services.

2.3. You agree and undertake not to: 🚫

• 🛑 Copy, modify, create derivative works, reverse engineer, emulate, migrate to another service, translate, compile, decompile, or disassemble the Makes.Monster Services (or any part thereof);
• 🛑 Send or display any User Content that may be deemed defamatory, libelous, obscene, harassing, threatening, abusive, or fraudulent, or otherwise violates the rights of Makes.Monster or any third party;
• 🛑 Use any illegal action to collect login data and/or passwords for other websites;
• 🛑 Upload, insert, or otherwise make available any malicious, unlawful, defamatory, or obscene Content;
• 🛑 Use any “robot,” “spider,” or any other automatic device, program, or methodology to access, acquire, copy, or monitor any portion of the Makes.Monster Services;
• 🛑 Act in a manner that may be perceived as harmful to the reputation and goodwill of Makes.Monster;
• 🛑 Access or use the Services for purposes of benchmarking or similar competitive analysis.

⚠️ Consequence of Violation: Your failure to comply with any of the provisions above may result in the immediate termination of your User Account and/or any Services provided to you, without the right to a refund of amounts paid.

3.1. Your Intellectual Property 🖼️

As between Makes.Monster and you, you shall own all intellectual property rights in and to your User Content and to any other materials created by you. Makes.Monster does not claim ownership rights in your content.

For the sole purpose of providing you with the service, you agree that we will need to access, upload and/or copy your User Content to our platform (including cloud services), make display adjustments, and perform any other technical action required for the provision of our services.

3.2. Makes.Monster Intellectual Property ⚙️

All rights, titles, and interest in and to the Makes.Monster Services, including all copyrighted materials or any other content therein, are owned by and/or licensed to Makes.Monster (“Intellectual Property”).

Makes.Monster grants you a non-exclusive, non-transferable, and limited license to use the Makes.Monster Services and Licensed Content, solely to generate and display your User Platform.

3.3. Feedback and Suggestions 🧠

If you provide us with suggestions, comments, or other feedback relating to the Makes.Monster Services (“Feedback”), such Feedback shall be the exclusive property of Makes.Monster.

You acknowledge and agree that your Feedback may be used by Makes.Monster to: (i) further develop, customize, and improve the Makes.Monster Services, (ii) provide ongoing assistance and technical support, and (iii) enhance data security.

Certain parts of the Makes.Monster Services require or involve the submission, collection, and/or use of certain personally identifying information. As part of accessing or using the Makes.Monster Services, Makes.Monster and Third-Party Services may collect, access, and use certain data pertaining to Users and End Users.

We encourage you to read our Privacy Policy and the relevant policies of each Third-Party Service on a regular basis. 🧐

5.1. Paid Services and Payment 💵

• 💰 The use of certain Makes.Monster Services requires the payment of particular fees (“Paid Services” and “Fee(s)”). You must pay all applicable Fees in advance.
• 🧾 Fees shall be deemed in Euros (€) (except where otherwise stated), and are exclusive of all Taxes (VAT/Taxes). You shall be responsible for payment of all applicable Taxes.
• 💳 You authorize Makes.Monster to charge your designated payment provider or bank account (the “Registered Card”) for all applicable Fees.

5.2. Automatic Subscription Renewals 🔄

• ✅ Certain Paid Services include an automatic renewal option by default (“Renewable Paid Services”).
• 📆 Unless you disable the automatic renewal option, such Paid Services will automatically renew upon the expiration of the subscription period for the same period and price.
• ➡️ Makes.Monster will attempt to automatically charge you using the Registered Card up to two (2) weeks before such renewal period begins.
• 🛑 You may disable the automatic renewal option at any time through your User Account.

🛑 YOU MUST VERIFY: You are and shall be solely responsible for verifying and ensuring the successful renewal of the Makes.Monster Services you use.

5.3. Money-Back Guarantee 💯

If you are dissatisfied with the Makes.Monster Services (initial purchase only), you may notify cancellation for a full refund within fourteen (14) days of activation (“Refund Period”).

*The Refund is only applicable to the initial purchase of a Premium Plan (when upgrading a free website).*