Plain English Summary: You're hiring us to set up and run an automated text-back system for your business. You're responsible for making sure your use of this service is legal in your area and that your customers are OK with receiving texts. We're not responsible if something goes wrong beyond our reasonable control.
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Everyday Capital LLC, doing business as CallMonster ("CallMonster," "we," "us," or "our").
By creating an account, paying for a subscription, or using any CallMonster service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are signing up on behalf of a business, you represent that you have the authority to bind that business to these Terms.
2. Description of Services
CallMonster provides automated missed-call SMS response services, which include:
- Detection of missed incoming calls to your business phone number
- Automatic delivery of customized SMS messages to callers who did not reach you
- Optional follow-up SMS sequences
- Monthly performance reporting (on applicable plans)
- Initial setup and configuration of your automation flow
Services are delivered using Twilio's messaging infrastructure and Make.com's automation platform. We reserve the right to modify, update, or discontinue features with reasonable notice to active clients.
3. Account Registration and Eligibility
To use CallMonster, you must:
- Be at least 18 years of age
- Be operating a legitimate business or commercial enterprise
- Provide accurate and complete information when setting up your account
- Maintain the security of your account credentials
You are responsible for all activity that occurs under your account. Notify us immediately at hello@callmonster.ai if you suspect unauthorized use of your account.
4. SMS Messaging Compliance
This is the most important section for Twilio compliance purposes. Please read it carefully.
By using CallMonster, you agree that:
- All SMS messages sent through our platform will be sent to individuals who have called your business number (inbound callers), establishing a reasonable business relationship
- Every message will include a clear opt-out instruction (e.g., "Reply STOP to unsubscribe")
- You will honor all opt-out requests immediately and not re-enroll opted-out numbers
- Your business maintains a publicly accessible Privacy Policy and these Terms on your website
- You will not use our service to send unsolicited, deceptive, harassing, or illegal messages
- You comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable federal, state, and local laws regarding electronic communications
- You will not use our service for any purpose that violates Twilio's Acceptable Use Policy
Important: You, the business client, are legally responsible for the content of messages sent through your account and for compliance with applicable messaging laws. CallMonster provides the technical infrastructure; you control the message content and your customer relationships.
5. Fees and Payment
CallMonster charges a monthly subscription fee based on the plan you select at signup. Current pricing is displayed at callmonster.ai/#pricing.
- Billing cycle: Monthly, billed on the same date each month from the date of signup
- Payment method: Credit or debit card, processed securely by Stripe
- Failed payments: If a payment fails, we will retry up to 3 times over 7 days before suspending your account
- Setup fees: Where applicable, one-time setup fees are non-refundable once setup work has begun
- Price changes: We will provide at least 30 days' notice before any price increase takes effect for existing clients
All fees are in US dollars. We do not offer refunds for partial months of service.
6. Cancellation Policy
You may cancel your CallMonster subscription at any time with no cancellation fee.
- Cancellations take effect at the end of your current billing period
- You will retain access to the service until the end of the period you have paid for
- To cancel, email hello@callmonster.ai with "Cancellation Request" in the subject line
- We will confirm your cancellation within 2 business days
7. Performance Guarantee
Certain CallMonster plans include a performance guarantee. Where a guarantee is stated on our pricing page at the time of your purchase:
- The guarantee covers the specific metric described on the pricing page (e.g., "3 booked jobs in 90 days")
- If the guarantee is not met, your remedy is one month of service credit — not a cash refund
- Guarantee claims must be submitted within 14 days of the end of the guarantee period
- Guarantees are void if the client has materially changed their setup, disabled forwarding, or failed to respond to leads within 24 hours
The guarantee does not apply to the Starter plan or during the first 30 days of any new account.
8. Prohibited Uses
You may not use CallMonster to:
- Send spam, bulk unsolicited messages, or messages to purchased lists
- Impersonate another person or business
- Send messages that are deceptive, threatening, harassing, or defamatory
- Promote illegal products, services, or activities
- Violate any applicable law or regulation, including TCPA
- Circumvent or attempt to circumvent any opt-out requests
- Resell or white-label our services without written permission
Violation of these prohibitions may result in immediate suspension or termination of your account without refund.
9. Intellectual Property
CallMonster and its underlying automation systems, branding, and technology are owned by Everyday Capital LLC. We grant you a limited, non-exclusive, non-transferable license to use our services for your own business purposes during your subscription period.
You retain ownership of the SMS message content you create and the customer data associated with your business. You grant us a limited license to process that content solely for the purpose of delivering our services to you.
10. Limitation of Liability
To the maximum extent permitted by applicable law, CallMonster and Everyday Capital LLC shall not be liable for:
- Any indirect, incidental, special, or consequential damages
- Loss of revenue, customers, or business opportunities
- Delivery failures caused by carrier filtering, network outages, or Twilio service disruptions
- Actions taken by your customers in response to messages
- Any damages exceeding the total fees paid by you in the 3 months preceding the claim
Some states do not allow certain liability limitations, so the above may not apply to you in full.
11. Indemnification
You agree to indemnify and hold harmless CallMonster, Everyday Capital LLC, and its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorney's fees) arising from your use of our services, your violation of these Terms, or your violation of any applicable law.
12. Termination
We reserve the right to suspend or terminate your account immediately, without notice or refund, if we determine that you have violated these Terms, engaged in fraudulent activity, or used our services in a way that creates legal or reputational risk for CallMonster or Twilio.
13. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts of Sonoma County, California, and you consent to personal jurisdiction in that venue.
14. Changes to These Terms
We may update these Terms from time to time. We will notify active clients by email at least 14 days before material changes take effect. Continued use of our services after that date constitutes acceptance of the updated Terms.
15. Contact
For questions about these Terms, contact us at:
CallMonster / Everyday Capital LLC
Email: hello@callmonster.ai
Website: callmonster.ai