Terms of Service

1. Introduction

Welcome to Monbug ("we," "our," or "us"). By accessing or using our platform at shopmonbug.com (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). Please read them carefully before using our services.

These Terms apply to all users of the Platform, including shoppers, vendors, and visitors. If you do not agree to these Terms, you may not access or use the Platform.

We reserve the right to update these Terms at any time. We will notify registered users of material changes by email. Your continued use of the Platform after changes take effect constitutes your acceptance of the updated Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Platform" means the Monbug website, mobile applications, and all related services.
• "Shopper" means any user who browses or purchases products on the Platform.
• "Vendor" means any user who lists products for sale on the Platform.
• "Listing" means a product or service offered for sale by a Vendor.
• "Transaction" means any purchase made through the Platform.
• "Content" means any text, images, descriptions, reviews, or other material submitted to the Platform.

3. Eligibility

To use the Platform you must:

• Be at least 18 years of age, or have the consent of a parent or legal guardian.
• Have the legal capacity to enter into a binding contract.
• Not be prohibited from using the Platform under applicable law.
• Provide accurate, current, and complete information when creating an account.

We reserve the right to refuse service or terminate accounts at our sole discretion.

4. Accounts

When you create an account on the Platform, you are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your account.
• Notifying us immediately of any unauthorized use of your account.
• Keeping your account information accurate and up to date.

You may not create multiple accounts, share your account with others, or transfer your account to another person without our written consent. We reserve the right to suspend or terminate accounts that violate these Terms.

5. Vendor Terms

If you register as a Vendor on the Platform, the following additional terms apply:

5.1 Vendor Responsibilities

• You are solely responsible for the accuracy of your product listings, including descriptions, images, pricing, and inventory.
• You must fulfill orders in a timely manner and communicate shipping information to buyers.
• You are responsible for collecting and remitting any applicable taxes on your sales.
• You must comply with all applicable laws and regulations, including consumer protection and product safety laws.
• You must not list counterfeit, stolen, prohibited, or illegal items.

5.2 Platform Fees

• Monbug charges a 5% platform fee on each completed transaction.
• Subscription plan fees (Starter, Maker, Growth) are billed as described on our pricing page.
• All fees are non-refundable except as required by law.
• We reserve the right to change our fee structure with 30 days notice to Vendors.

For complete vendor obligations see our full Vendor Agreement at shopmonbug.com/vendor-agreement.

5.3 Payouts

• Payouts are processed via Stripe Connect to your connected bank account.
• You are responsible for completing Stripe Connect onboarding before receiving payouts.
• Payout timing is subject to Stripe's standard processing times.
• We reserve the right to withhold payouts in cases of suspected fraud or policy violations.

6. Shopper Terms

If you purchase products on the Platform, the following terms apply:

6.1 Purchases

• All purchases are transactions between you and the Vendor, not between you and Monbug.
• Monbug acts as a marketplace facilitator and is not responsible for the quality, safety, or legality of listed items.
• Prices displayed are in USD unless otherwise stated.
• By completing a purchase you authorize payment of the listed amount.

6.2 Shipping & Delivery

• Shipping is handled directly by each Vendor. Estimated delivery times are provided by the Vendor.
• When ordering from multiple Vendors, you may receive separate shipments.
• Monbug is not responsible for shipping delays, lost packages, or damage in transit.
• Contact the Vendor directly for shipping inquiries.

6.3 Returns & Refunds

• Return and refund policies are set by each individual Vendor.
• If you have a dispute with a Vendor, contact them directly to resolve it.
• If a Vendor fails to respond or resolve a legitimate dispute, contact us at support@shopmonbug.com and we will assist in mediation.
• Monbug reserves the right to issue refunds at our discretion in cases of fraud or significant platform error.

7. Prohibited Conduct

You agree not to use the Platform to:

• List or purchase counterfeit, stolen, illegal, or prohibited goods.
• Engage in fraud, misrepresentation, or deceptive practices.
• Harass, threaten, or harm other users.
• Scrape, crawl, or data-mine the Platform without our written permission.
• Circumvent our payment systems or fee structure.
• Create fake reviews, manipulate ratings, or engage in reputation fraud.
• Use automated bots, scripts, or tools to access or interact with the Platform.
• Violate any applicable local, state, national, or international law.
• Infringe on the intellectual property rights of others.
• Transmit spam, malware, or other harmful content.

Violation of these prohibitions may result in immediate account suspension, termination, and/or legal action.

8. Mature Content

8.1 Age Verification

Certain products on the Platform are designated as "Mature Content" and are restricted to users who are 18 years of age or older. By confirming your age on the Platform, you are making a legal declaration that you are at least 18 years old.

8.2 User Responsibility

If you falsely confirm your age to access Mature Content, you assume full legal responsibility for any consequences arising from that misrepresentation. Monbug shall not be held liable for any harm resulting from a minor's access to Mature Content obtained through false age declaration.

8.3 Vendor Responsibilities

Vendors who list Mature Content products are responsible for:

• Accurately categorizing their products as Mature Content
• Ensuring their products comply with all applicable laws
• Not listing sexually explicit, obscene, or illegal content regardless of category

8.4 Platform Rights

Monbug reserves the right to remove any Mature Content listing at its sole discretion and to revoke Mature Content selling privileges from any Vendor at any time without notice.

9. User Content

By submitting Content to the Platform (including product listings, images, descriptions, and reviews), you grant Monbug a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute that Content for the purpose of operating and promoting the Platform.

You represent and warrant that:

• You own or have the right to use all Content you submit.
• Your Content does not infringe on any third-party rights.
• Your Content is accurate and not misleading.
• Your Content does not violate these Terms or applicable law.

We reserve the right to remove any Content at our sole discretion, including Content that violates these Terms or that we determine is harmful to the Platform or its users.

10. Intellectual Property

The Platform and its original content, features, and functionality are owned by Monbug and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Platform without our written permission.

The Monbug name, logo, and all related marks are trademarks of Monbug. You may not use these marks without our prior written consent.

11. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our collection and use of your information as described in the Privacy Policy.

We take the security of your personal information seriously. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security. For questions about your data, contact us at support@shopmonbug.com.

12. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Platform will be uninterrupted, error-free, or secure.
• Any defects will be corrected.
• The Platform or its servers are free of viruses or harmful components.
• The quality of any products purchased through the Platform will meet your expectations.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MONBUG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

14. Indemnification

You agree to indemnify, defend, and hold harmless Monbug and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Platform.
• Your violation of these Terms.
• Your violation of any third-party rights.
• Any Content you submit to the Platform.
• Any products you sell or purchase through the Platform.

15. Termination

We may terminate or suspend your access to the Platform immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Platform will cease immediately.

You may terminate your account at any time by contacting us at support@shopmonbug.com. Termination does not relieve you of any obligations incurred prior to termination, including outstanding fees or pending orders.

16. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Platform shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Warren County, Pennsylvania, under the rules of the American Arbitration Association.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS.

17. Contact Us

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

• Email: support@shopmonbug.com
• Website: shopmonbug.com
• Mailing Address: Warren County, Pennsylvania, United States

We aim to respond to all inquiries within 5 business days.