Terms and Conditions for OnlyMonster

Informational notice: Any descriptive or introductory sections of these Terms are provided for informational purposes only and do not create binding contractual obligations.

Preamble

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding contract between you ("User", "you") and OMLAB DIGITAL LTD ("OnlyMonster", "we", "us", "our").

They govern your access to and use of the OnlyMonster software-as-a-service platform, including the website at onlymonster.ai, desktop applications, browser extensions, and all related services (collectively, the "Service").

OnlyMonster is the commercial name and software platform operated by OMLAB DIGITAL LTD.

By registering for, accessing, or using the Service, you agree to be bound by these Terms. If you are entering into this Agreement on behalf of a company or other legal entity ("Organisation"), you represent that you have the authority to bind such entity. If you do not agree to all terms, do not use the Service.

These Terms also apply to visitors who access the website without registration, to the extent applicable.

These Terms incorporate by reference our Privacy Policy, Cookies & Tracking Technologies Policy, and the Data Processing Agreement ("DPA"), which together form the complete "OnlyMonster Agreement".

In case of conflict, the following order of precedence applies: (1) the DPA, (2) these Terms, (3) the Privacy Policy, (4) the Cookies Policy.

1. Definitions

• 1.1. "Account" means a unique account created for you to access the Service.
• 1.2. "Organisation" means a business entity or individual using the Service to manage an account and acting as a Data Controller.
• 1.3. "Analytics Data" means aggregated, anonymised, or pseudonymised insights, scores, and predictions generated by the Service through automated processing of User-Provided Data (e.g., fan spending propensity).
• 1.4. "Content" means any data, text, images, video, audio, software, or other material uploaded to or processed by the Service.
• 1.5. "Account" means an individual content creator whose accounts are managed by an Organisation via the Service.
• 1.6. "Data Controller" or "Controller" has the meaning given in Article 4(7) of the GDPR.
• 1.7. "Data Processing Agreement" or "DPA" means the separate agreement governing the processing of personal data by us on your behalf.
• 1.8. "Data Processor" or "Processor" has the meaning given in Article 4(8) of the GDPR.
• 1.9. "Data Subject" means an identified or identifiable natural person (e.g., Fan, Account).
• 1.10. "Fan" means an end-user of a third-party Platform defined in 1.12.
• 1.11. "Platform" means any third-party digital platform, service, or application that enables content publishing, subscription-based access, social networking, messaging, or user interaction, including but not limited to content subscription platforms (such as OnlyFans, Fansly, or similar services), social media or social networking platforms, and messaging or communication platforms.
• 1.12. "GDPR" means Regulation (EU) 2016/679 and, where applicable, the UK GDPR.
• 1.13. "Instructions" means your directions regarding the processing of personal data, as set out in this Agreement, the DPA, or subsequent authorised communications.
• 1.14. "Legal Hold" means the right to retain data for compliance, dispute resolution, or legal proceedings.
• 1.15. "Media Hub" means the encrypted cloud storage service within the Service. Access by OnlyMonster personnel is strictly limited to technical, security, or compliance purposes and is subject to access controls and logging.
• 1.16. "Personal Data" has the meaning given in Article 4(1) of the GDPR.
• 1.17. "Service" means the OnlyMonster platform as described herein.
• 1.18. "Subscription" means paid access to the Service.
• 1.19. "User-Provided Data" means all data, including Personal Data, uploaded or imported by you.

2. Acceptable Use Policy

2.1. You agree NOT to use the Service to:

• (a) Violate any applicable law, regulation, or third-party rights.
• (b) Upload or process Personal Data without a valid legal basis under GDPR.
• (c) Access, import, or migrate data from any third-party platform (including Fan Platforms) in a manner that violates the Terms of Service, Privacy Policy, or API usage rules of that platform. Your use of any data migration or access feature of the Service is conditional upon your lawful right to such data.
• (d) Reverse engineer, decompile, or disassemble any part of the Service.
• (e) Circumvent, disable, or otherwise interfere with security-related or access-control features of the Service or any third-party platform.
• (f) Use the Service to store, transmit, or process malicious code, or to engage in any activity that could disrupt, damage, or overburden the Service or any connected system.
• (g) If you are under 18.

2.2. We reserve the right to investigate and suspend or terminate your Account for any breach.

2.3. Our Rights and Enforcement.

We may terminate or suspend your access for legitimate reasons, including breach of these Terms, fraud, security risks, or legal obligations, and will provide notice where reasonably possible.

• (i) Suspend or terminate your Account and access to the Service;
• (ii) Remove, disable access to, or modify any User-Provided Data;
• (iii) Investigate any actual or suspected violation of these Terms or unlawful use of the Service.

(b) Grounds for such actions include, but are not limited to: violation of these Terms, unlawful or fraudulent activity, actions that could cause us loss or harm our reputation, non-payment of fees, or requests from law enforcement.

(c) We may cooperate with law enforcement agencies in any investigation and disclose any information about your use of the Service as required by law or to protect our legal interests.

(d) Legal Hold & Data Retention. Notwithstanding any data deletion obligations in the DPA, we may retain encrypted backups of your data for a reasonable period after termination for compliance, legal, or audit purposes. We expressly reserve the right to preserve any data as required by a legal obligation or to protect our legitimate interests in dispute resolution.

(e) Withholding of Funds. During any period of suspension or while investigating a suspected breach, we may withhold any payments or credits that would otherwise be due to you. If we determine you have breached this Agreement, we may forfeit such funds.

2.4. Prohibited Self-Referral and Abuse of Referral Programme.

Users are strictly prohibited from creating, operating, or using multiple Accounts for the purpose of referring themselves, directly or indirectly, or otherwise receiving referral fees, commissions, discounts, or other benefits derived from their own activity.

This prohibition includes, without limitation:

• (a) creating multiple Accounts under the same or different identities;
• (b) using affiliated entities, nominees, or third parties to simulate independent referrals;
• (c) engaging in any scheme intended to artificially generate referral rewards.

Any such conduct constitutes a material breach of these Terms.

OnlyMonster reserves the right, at its sole discretion, to suspend or permanently terminate all related Accounts, revoke referral benefits, and take any other actions deemed necessary to protect the integrity of the Service.

3. Account Registration and Security

• 3.1. You must provide accurate account information and keep it updated.
• 3.2. You are responsible for all activity under your Account and must maintain the confidentiality of your credentials.
• 3.3. You must notify us immediately of any unauthorized use of your Account.

4. Organisation Terms and Data Controller Responsibilities

If you are an Organisation, the following additional terms apply:

• 4.1. Representation of Authority. You represent and warrant that you are the authorised representative of your Organisation and each Account you manage, with full power to bind them to this Agreement.
• 4.2. Contractual Chain. You warrant that you have valid, written agreements with each Account that explicitly authorise you to:
  • (a) Manage their accounts on Fan Platforms;
  • (b) Appoint third-party data processors (including OnlyMonster) for analytics, data management, and migration;
  • (c) Provide Instructions to such processors regarding the processing of Account and Fan Personal Data.
• 4.3. Lawful Basis for Processing. You warrant that you have established and will maintain a valid legal basis under GDPR (and, where required, explicit consent under Article 9) for all processing activities conducted through the Service, including profiling, analytics, and data transfers.
• 4.4. DPA Requirement. By using the Service as an Organisation, you enter into the OnlyMonster DPA, where you are the Controller and we are the Processor. The DPA is incorporated herein by reference.
• 4.5. Audit Right. We may request redacted copies of your Account agreements to verify your authority. Failure to provide such evidence is a material breach.
• 4.6. Responsibility for Members and Representatives. The Organisation is solely responsible for all actions, communications, and content generated by its employees, agents, contractors, or other authorised representatives who access or use the Service on its behalf, including actions performed on or through Accounts. OnlyMonster does not monitor, control, or moderate communications or content generated by such individuals and shall not be liable for any consequences arising from their actions, including but not limited to account restrictions, suspensions, or bans imposed by third-party Platforms.

5. Use of the Service & License

• 5.1. License Grant. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes.
• 5.2. Restrictions. You may not: (i) license, sell, or commercially exploit the Service; (ii) use the Service to build a competitive product; (iii) interfere with the Service's integrity or performance.
• 5.3. Processor Instructions. Your use of the Service, including configuration of analytics and initiation of data migration, constitutes documented Instructions to us as your Data Processor. You are solely responsible for the lawfulness of these Instructions.

6. Content, Data, and Intellectual Property

• 6.1. License to Your Content. You retain ownership of your User-Provided Data. By uploading or processing it through the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, modify, and create derivative works from such data solely for the purpose of providing, improving, securing, and developing the Service. This includes the right to generate and use aggregated, anonymized Analytics Data for our internal business purposes. This license remains in effect only for the duration of your use of the Service, except where retention is required for legal or technical reasons.
• 6.2. Our IP. All intellectual property rights in the Service, its underlying software, algorithms, and the Analytics Data in aggregated form belong to us or our licensors.
• 6.3. Media Hub. You are solely responsible for Content stored in the Media Hub and warrant it does not infringe third-party rights.
• 6.4. AI-Based Tools (Assistant and Translator).
  The Service may include AI-powered features, including but not limited to an AI assistant and automated translation functionality.
  Such features are provided as supportive tools only. You acknowledge and agree that you are solely responsible for reviewing, verifying, and ensuring the accuracy, legality, and appropriateness of all outputs generated by AI-based tools before their use or publication.
  OnlyMonster makes no representations or warranties regarding the accuracy, completeness, or suitability of AI-generated or translated content and shall not be liable for any reliance on such outputs.
• 6.5. Analytics and Predictive Data.
  (a) Nature of Data. The Service generates Analytics Data (e.g., predictive scores). This data is aggregated business intelligence and is provided "as is" for informational purposes only. We do not guarantee its accuracy.
  (b) Profiling Responsibility. If the use of the Service results in profiling of Data Subjects (e.g., Fans), you, as the Controller, are solely responsible for ensuring a lawful basis (e.g., legitimate interest), conducting required impact assessments, and providing transparency to Data Subjects. We act as a technical processor executing your configured Instructions.
• 6.6. Feedback. If you provide us with any suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use, modify, and commercialize such Feedback for any purpose without any obligation or compensation to you.

7. Indemnification

7.1. Your Indemnity Obligation. You agree to indemnify, defend, and hold harmless OnlyMonster, its affiliates, and their respective officers, directors, employees, and agents (the "OnlyMonster Indemnitees") from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• (a) Your breach of any provision of this Agreement, including all representations and warranties;
• (b) Your User-Provided Data, or your use of the Service, including any migration, analytics, or data processing activities;
• (c) Any claim by a third party (including Accounts, Fans, Fan Platforms, or data protection authorities) alleging that your Instructions, your use of the Service, or any data processed through the Service violated their rights, terms of service, or applicable laws (including data protection, privacy, and computer misuse laws);
• (d) Any disputes or issues between you and any Account, Fan, or other third party.
• (e) Any content, messages, communications, or materials created, sent, or displayed by you or on your behalf through Accounts, including standard messages, priority messages, broadcasts, or other fan communications, regardless of whether such content was assisted by the Service or any AI-based functionality.

7.2. Indemnification Procedure.

We will promptly notify you of any claim subject to indemnification. You will have the right to assume sole control of the defense and settlement of the claim, at your expense, provided that:

• (i) we may participate in the defense at our own expense; and
• (ii) you will not settle any claim that admits liability or imposes obligations on us without our prior written consent.

8. Limitation of Liability

• 8.1. No consequential damages. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages.
• 8.2. Liability cap. Our total aggregate liability arising from this Agreement shall not exceed 100% of the total fees paid by you in the 12 months preceding the event giving rise to liability.
• 8.3. Exceptions. The above limitations do not apply to: (i) your indemnification obligations; (ii) fraud or willful misconduct; (iii) any liability that cannot be limited under applicable law.
• 8.4. Risk Allocation. The limitations of liability and disclaimers in this Section 8 are fundamental elements of the basis of the bargain between you and OnlyMonster. OnlyMonster would not be able to provide the Service on an economic basis without such limitations.

9. Disclaimer of warranties

9.1. The Service and all related components and information are provided on an "as is" and "as available" basis without any warranties of any kind. To the fullest extent permitted by law, OnlyMonster expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. OnlyMonster does not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service or the servers that make it available are free of viruses or other harmful components. No advice or information, whether oral or written, obtained by you from OnlyMonster or through the Service will create any warranty not expressly stated herein.

10. Financial Terms

• 10.1. Upon adding one or more profiles or Accounts to the Service, the system may automatically suggest a subscription plan based on objective technical parameters associated with such profiles. You acknowledge that any suggested plan is informational only, and the final selection of a subscription plan and subscription period (including but not limited to one (1), three (3), or six (6) months) is made solely by you. OnlyMonster does not guarantee that any suggested plan will result in specific financial outcomes or revenues.
• 10.2. Account Balance and Payments. To use paid features of the Service, you may be required to add funds to your internal OnlyMonster balance (“Balance”). Payments are made by selecting a subscription period and confirming payment by clicking the applicable payment button (e.g. “Make a payment”). Funds added to the Balance do not constitute a bank deposit, stored value account, or electronic money and may be used solely within the Service.
• 10.3. No Automatic Charges. OnlyMonster does not apply automatic recurring charges at this time. You will not be charged unless you explicitly initiate a payment action within the Service. Any references in these Terms to recurring payments or automatic renewals shall apply only if and when such functionality is introduced, and subject to updated Terms or prior notice where required by law.
• 10.4. Refunds and Balance Credits. Refunds are available; however, refunds are processed exclusively by crediting the unused portion of paid funds to your Balance.

  You acknowledge and agree that:

  • funds credited to the Balance cannot be withdrawn, transferred, or redeemed for cash, except where required by applicable law or expressly permitted under a referral or reward programme operated by OnlyMonster;
  • if you cancel a subscription, request deletion of a profile or Account, or otherwise discontinue use of the Service before the end of a paid subscription period, the unused portion of fees will be returned to your Balance on a pro rata basis.
• 10.5. Use of Balance. Balance credits may be applied toward future subscriptions or other paid features offered within the Service. Unused Balance amounts do not accrue interest and have no monetary value outside the Service.
• 10.6. Late Payment and Suspension. If you attempt to use paid features without sufficient Balance, OnlyMonster may: (i) suspend access to paid features; (ii) restrict creation of new profiles or Accounts; (iii) require additional Balance funding before further use.
• 10.7. Price Changes. OnlyMonster may modify pricing or subscription plans upon reasonable notice. Any changes will apply only to future payments and will not affect previously paid subscription periods.

11. Data Protection and Privacy

• 11.1. Our Commitment. Our processing of Personal Data is governed by our Privacy Policy and the DPA.
• 11.2. Your Obligation. You agree to comply with all applicable data protection laws. As an Organisation, you must enter into the DPA with us.
• 11.3. Cooperation. We will assist you in fulfilling your data protection obligations, at your cost, as detailed in the DPA.

12. Term and Termination

• 12.1. Term. This Agreement continues until your Subscription is terminated.
• 12.2. Termination for Cause. Either party may terminate for a material breach by the other party that remains uncured for 30 days.
• 12.3. Effect of Termination. Upon termination, your license ends, and you must cease all use of the Service.
• 12.4. Data Return & Legal Hold. Post-termination, we will delete your data as per the DPA our your written request, except we may retain encrypted copies under a Legal Hold to comply with law, resolve disputes, or enforce our rights.

13. Governing Law and Dispute Resolution

• 13.1. Governing Law. This Agreement is governed by the laws of the Republic of Cyprus.
• 13.2. Primary Jurisdiction. Any dispute shall be subject to the exclusive jurisdiction of the courts of Nicosia, Cyprus.
• 13.3. Injunctive Relief in Other Jurisdictions. Notwithstanding clause.
• 13.4. OnlyMonster reserves the right to seek injunctive relief or bring claims for intellectual property infringement, breach of confidentiality, or violations of cyber-laws (including the UK Computer Misuse Act 1990) in any court of competent jurisdiction, including the courts of England and Wales.