Terms and Conditions of Service
This is an agreement between you, the Customer, and Can Monkey LLC (and its affiliates, “CanMonkey” or “we”). Before using CanMonkey, please read these CanMonkey Terms and Conditions of Service, the CanMonkey Privacy Notice, the CanMonkey Recurring Payment Terms and Conditions, and the other applicable rules, policies, and terms posted on the CanMonkey website or available through your CanMonkey app (collectively, this “Agreement”). By using CanMonkey, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use CanMonkey.
By creating an account, accessing, or using our platform, you enter into a direct contractual relationship with CanMonkey, a technology services provider that facilitates the connection between individuals, homeowners, vacation rentals, and property managers seeking waste management services and independent third-party providers of such services (“CanRunners”).
You acknowledge and agree that CanMonkey does not provide home services itself and is not a home contractor of any sort. All services are provided by independent third-party contractors who are not employed by CanMonkey. We act solely as an intermediary by offering a platform through which individuals, homeowners, vacation rentals, and property managers can arrange and schedule services with CanRunners.
Your use of the platform constitutes your agreement to be bound by these Terms and Conditions, which establish a contractual relationship between you and CanMonkey. If you do not agree to these terms, you may not access or use the platform or services.
For the purposes of these CanMonkey Terms and Conditions of Service:
“CanMonkey” means CanMonkey’s can-to-curb management service, including the CanMonkey app, CanMonkey platform, and other related services.
“Can-to-curb” means the physical service of taking to the curb trash cans and returning them after pick-up to their storage location.
“Software” means all software (including any updates or new versions), and any related documentation, that we make available to you for use in connection with CanMonkey.
“Platform” means the software environment that enables users to interact with each other (including any updates or new versions), and any related documentation, that we make available to you for use in connection with CanMonkey.
“App” means all applications that can be downloaded by a user to a mobile device (including any updates or new versions), and any related documentation, that we make available to you for use in connection with CanMonkey.
“CanRunner” means persons employed or contracted by CanMonkey to provide CanMonkey’s trash can management service.
I. SERVICE SCOPE
Service: In accordance with the monthly service plan you selected at the time of signup, your assigned CanRunner will transport your trash and/or recycling cans to the curb on the day prior to your scheduled waste collection day. Following collection, your CanRunner will return the cans to their original designated storage location in a timely manner.
Changes to Service: We may change, suspend, limit, or discontinue CanMonkey, or any part of it, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the CanMonkey website. Your continued use of CanMonkey after the effective date of the revised Agreement constitutes your acceptance of the terms.
Holiday Trash Schedule Adjustments: During holiday periods, we will make every effort to adjust our services in response to changes in your property's trash collection schedule. However, due to the unique observance of holidays by each city and the inconsistencies in the application of their revised schedules, we cannot be held liable for missed pickups during these times. In the event that service cannot be delivered due to a missed holiday pickup, no credits, refunds, or adjustments will be issued. We appreciate your understanding as we navigate these variables.
Customer Satisfaction: Our goal is your complete satisfaction. In the event that a job is not satisfactorily completed, it is the customer’s responsibility to notify CanMonkey within 7 days (preferably sooner), so that we can look into the matter and resolve it quickly to your satisfaction.
Force Majeure: Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government actions, natural disasters, pandemics, strikes, lockouts, labor disputes, equipment or material shortages, power failures, transportation delays, or any other event or condition that is beyond the reasonable control of the affected party (collectively, “Force Majeure Events”). During the continuance of such Force Majeure Events, the obligations of the affected party shall be suspended to the extent necessary. The affected party shall promptly notify the other party of the occurrence of a Force Majeure Event and its expected duration. If the Force Majeure Event continues for more than 30 days, either party may terminate this Agreement by providing written notice to the other party.
Right to Refuse Service: CanMonkey reserves the right to refuse service to any property, at its sole discretion, for any reason. This right may be exercised without the requirement of explanation, and no liability shall arise from the decision to refuse service. The refusal may be based on, but is not limited to, factors such as safety concerns, property condition, non-compliance with terms and conditions, access issues, or any other reason deemed appropriate by CanMonkey.
Rental Properties: If the property signed up for service is designated for rental use and not a primary residence, the following terms apply:
Tenant and Guest Interaction: For the safety and comfort of both CanRunners and property tenants and guests, service may be withheld if the CanRunner determines that accessing the property is inappropriate due to guest presence. In such cases, no credits, refunds, or adjustments will be issued.
Access Notification and Liability: As the Landlord, Property Manager, or Host contracting our services, you are solely and exclusively responsible for notifying any and all guests, tenants, or occupants that CanMonkey will be performing weekly trash and recycling can-to-curb services. This notice must include the specific schedule of our CanRunners’ visits and must be provided in a timely manner to avoid confusion or unexpected encounters. This requirement is in place for the safety and security of all parties involved. CanMonkey has no duty or obligation to confirm, verify, or otherwise ensure that such notification has been given. By using our service, you expressly acknowledge and agree that CanMonkey shall bear no responsibility or liability for any incident, altercation, assault, injury, accident, or damage occurring on or around the property that results from failure to properly notify the property owner, guests, tenants, or occupants of our scheduled presence. You further agree to indemnify, defend, and hold CanMonkey, its employees, CanRunners and contractors harmless from any and all claims, demands, losses, liabilities, or expenses (including reasonable attorneys’ fees) arising out of or related to any failure to provide adequate notice, whether negligent, intentional, or otherwise.
Homeowner Association (HOA): The Customer is solely responsible for adhering to all HOA rules and regulations regarding trash can use, placement, and management. CanMonkey shall not be liable for any notices, fines, or penalties issued by the HOA. The Customer agrees to indemnify and hold CanMonkey harmless from any consequences arising from non-compliance. CanMonkey will make best efforts to follow HOA rules that are provided by the Customer, but we are not responsible for any issues resulting from HOA non-compliance.
II. PROPERTY ACCESS AND ON-SITE CONDITIONS
Home Access: By submitting your service subscription request online, you are authorizing CanMonkey and its CanRunners to access your property (or other location) that you designate for the purpose of taking out and returning your waste and recycling cans. By subscribing to our service, you are confirming that you have the right to authorize CanMonkey and its CanRunners to access the designated property. It is your responsibility to ensure that CanMonkey or its CanRunners have full access to your trash and recycling cans on the scheduled service dates. Should CanMonkey or its CanRunners arrive and be unable to provide service due to lack of access, you shall not be entitled to a credit or refund.
Waste Can Access: You must ensure CanMonkey or its CanRunners have access to your trash and recycling can on the scheduled service day, including but not limited to: gate entry codes, lock combinations, security guard verification, and pets relocated from storage areas. If CanMonkey or its CanRunners are unable to access your trash or recycling cans for any reason, services will not be performed that week and you shall not be entitled to a credit or refund. CanMonkey reserves the right to decline its service for any reason. To ensure smooth service delivery, it is essential that accurate and complete information regarding the location of your trash cans and any necessary access instructions is provided. Failure to supply this information may result in service issues. We cannot be held responsible for non-delivery of service in these circumstances.
Pets: The homeowner/resident is responsible to contain and restrain their pets. For the safety of our CanRunners, if an unrestrained pet is present on the property and our CanRunner determines that it is unsafe to access the property, the delivery of service will not be completed. If you are signed up for notifications, you will be informed via SMS text or email that your property could not be serviced on that day. In the event that service cannot be delivered due to an unrestrained pet, no credits, refunds, or adjustments will be issued. Please ensure that pets are properly restrained or secured during your scheduled service time.
Vehicles: CanMonkey will make every effort to place your waste and recycling cans with great care to a curbside location for city pick-up. In the event that your vehicle or any other vehicles hits or knocks over your trash or recycling, CanMonkey will not be held responsible in any way for any damage to the vehicle or cans.
Garage Access: You must ensure your garage is safe and free of hazards and disable any alarms or security systems before service. CanMonkey and its affiliates are not responsible for disarming or resetting alarms, or for any issues arising from your security system being unarmed. By providing a garage code or granting access for can-to-curb service, you: (1) assume all risks related to granting access to your garage; and (2) acknowledge CanMonkey is not liable for lost or missing items, damage to the garage door or opener, or the garage door being left open. CanMonkey will make best efforts to operate your garage responsibly, but we are not responsible for any issues resulting from the access you provide.
Safety Issues: The homeowner/resident is responsible to maintain code compliance with the city on issues such as fencing and gates, backwash/waste lines and all other applicable safety issues.
Overloading and Closed Lid: For the safety of our CanRunners and to minimize the risk of injury or damage, trash cans must not be overloaded, and lids must be properly closed in accordance with city guidelines. Overloaded trash cans or those with open lids present safety hazards and may lead to service issues. If your trash cans are found to be overloaded or the lids are not closed, we reserve the right to not deliver service. In such cases, no credits, refunds, or adjustments will be issued. We appreciate your cooperation in providing a safe working environment for our CanRunners.
Overflowing Trash and Access: To ensure the safety and efficiency of our service, trash cans must be easily accessible and not surrounded by overflowing trash that obstructs access. Our CanRunners must have a clear path to roll trash cans to the curb and back. If overflowing trash or other obstructions prevent our CanRunners from safely accessing the trash cans, service will not be delivered, and no credits, refunds, or adjustments will be issued. For excess trash situations, please visit www.canmonkey.com/ondemand to request a waste removal. On-demand waste removal is an additional service and will be billed separately from your subscription. We appreciate your cooperation in maintaining a clear and safe access path for our CanRunners.
Inclement Weather: The safety of our Customers and CanRunners is our highest priority. In the event of inclement weather, including but not limited to severe rain, ice, wind, or snow conditions, we reserve the right to delay, reschedule, or cancel services without prior notice. No credits, refunds, or adjustments will be issued for services that cannot be delivered due to such weather-related conditions. We appreciate your understanding and cooperation in ensuring the safety of our team.
Road Closure Policy: In the event of road closures that prevent access to your property, we cannot be held responsible for the non-delivery of service. If service cannot be delivered due to road closures, no credits, refunds, or adjustments will be issued. We appreciate your understanding as we navigate these circumstances beyond our control.
Sanitary Trash Can Policy: To ensure the safety and well-being of our CanRunners, if your trash cans are deemed excessively dirty or smelly, we reserve the right not to service your property. It is the customer's responsibility to maintain their trash cans in an acceptable sanitary condition for handling. If you are signed up for notifications, you will be informed via SMS text or email that your trash cans require cleaning. Should the situation persist, your property will not be serviced until the issue is rectified. In the event that service cannot be delivered due to excessively dirty or smelly trash cans, no credits, refunds, or adjustments will be issued.
Software and Telecommunication Issues: While we take every precaution to ensure the reliable delivery of our services, we cannot be held responsible for non-delivery of services due to unforeseen software and telecommunication issues. Although such occurrences are rare, certain variables, including but not limited to third-party applications, hardware, and cellular service, are beyond our control. In the event that service cannot be delivered due to these issues, no credits, refunds, or adjustments will be issued. We assure you that we will do everything within our power to mitigate and resolve any such situations as swiftly as possible.
III. PRICING AND FEES
Pricing: You agree to pay CanMonkey the then-current monthly service fee associated with the service plan you selected at the time of signup, plus any applicable sales taxes and additional fees. All fees are due in accordance with the billing terms presented to you at the time of purchase. CanMonkey reserves the right to modify the pricing of any service plan at any time, at its sole discretion. Any changes to pricing will be communicated to you in advance and will take effect in the next billing cycle following such notice, unless otherwise stated.
Change in Price: Although CanMonkey makes every effort to remain as competitive as possible and offer the most reasonable prices, some cost increases to the service provided may be beyond our control. In the event that CanMonkey changes the monthly service fee, CanMonkey will provide you 2 months written notice of any change. As always you have the option to cancel at any time if you do not agree with the change in price. If you choose not to cancel you will be billed and charged the new recurring monthly service fee.
Applicable sales tax: All applicable local, State, and/or Federal taxes will be added to the current recurring monthly service fee.
Environmental Fee for Waste Removal: An environmental fee may be applied to on-demand waste removal requests to cover the costs of proper disposal, recycling, or compliance with local environmental regulations. By submitting an on-demand waste removal request, you agree to pay any applicable environmental fee, which is non-refundable.
Credit Card Convenience Fee: A convenience fee may be applied to payments made by credit card. This fee is intended to offset processing costs and will be disclosed at the time of payment. By choosing to pay with a credit card, you agree to any applicable convenience fees, which are non-refundable.
Annual Municipal Schedule Synchronization Fee: All subscriptions are subject to an Annual Municipal Schedule Synchronization Fee, currently set at $25, and subject to change upon reasonable notice. This fee covers the administrative and system costs associated with maintaining accurate service schedules in accordance with municipal collection calendars. It ensures that your property’s service dates are properly synchronized each year with any updates issued by your city or local waste provider, including holiday adjustments, route changes, and other schedule modifications. This fee is automatically applied to active subscriptions on an annual basis.
IV. CANCELLATION
You can cancel your subscription and service by submitting a cancellation request online at https://www.canmonkey.com/policies/service-cancellation. Please refer to the specific terms below based on your subscription type.
Trial Period: A 15-day trial period begins upon account activation, providing you with complimentary access to our can-to-curb services. To avoid future charges, you may cancel your subscription at any time during this trial period. If you do not cancel, your subscription will automatically convert to the paid plan you selected at signup at the end of the 15-day trial.
Monthly Payment Plans: To cancel your monthly subscription, you must provide at least 15 days advanced notice prior to your next billing date. For example, if your subscription is set to renew on June 1st, you must provide cancellation notice by May 16th in order to avoid being charged for the next billing cycle.
Quarterly Payment Plans: To cancel your quarterly subscription, you must provide at least 30 days advanced notice prior to your next billing date. If a cancellation request is received after the start of a new billing cycle, you will be responsible for the full payment for that quarter, and no refunds will be issued. Upon receipt of your cancellation notice, we will terminate your subscription at the end of the current quarterly billing cycle. You will not be entitled to a refund for any unused portion of the quarter, and you will retain access to our services until the end of the 30-day notice period or the end of the current quarter, whichever comes last.
Enterprise and Volume Pricing Plans: For accounts with Enterprise and Volume pricing, any cancellation affecting 50% or more of the properties on service or the complete closure of the account requires a minimum 90-day advanced written notice submitted to cansupport@canmonkey.com. This extended notice period is necessary due to the volume discount you receive, which requires certain service level commitments, and to allow for the effective management of operational routes and workforce resources, ensuring continuity for all customers.
Consolidated Billing: For accounts utilizing consolidated billing, any invoices issued prior to receiving your cancellation request will not be adjusted or revised. Additionally, no credits will be issued for properties removed after the renewal invoice has already been generated. Please plan your cancellation request accordingly to ensure timely processing.
Upon successful cancellation, you will receive a cancellation confirmation number. Please retain this number as proof of your cancellation. CanMonkey’s failure to enforce any cancellation fees or other terms within these Terms and Conditions does not constitute a waiver of our right to enforce such terms in the future.
Important: Please note that our service is billed on monthly and quarterly cycles, and we do not provide partial credits or refunds for any unused portion of a billing cycle.
V. BILLING AND PAYMENT PROCESSING
Billing: Service fees for your selected service plan are billed in advance, whether you have chosen a monthly or quarterly payment schedule. Billing will recur automatically on a monthly or quarterly basis, depending on your selected plan, to ensure continuous service. To cancel your service and prevent future billing, you must submit a specific cancellation request. All applicable local, state, and federal taxes will be added to your monthly service fee.
Payment Terms: By accepting these terms and conditions, you are electing to enroll in the CanMonkey Payment Plan and agree to the CanMonkey Recurring Payment Terms and Conditions. You hereby authorize CanMonkey to bill and charge the Payment Method and its associated Payment Account that you have specified according to the Payment Plan you have selected.
Service fees are billed on a recurring basis (either monthly, quarterly, every 6 months, or every 12 months), depending on the plan selected at the time of signup. CanMonkey will automatically charge the full amount of Payment to your Payment Method each time your can-to-curb service renews, unless you cancel according to these terms and conditions.
Recurring Payments Terms & Conditions: By accepting these terms and conditions through your election to enroll in the Payment Plan selected by you, you hereby authorize CanMonkey to bill and charge the Payment Method and its associated Payment Account that you have specified according to the Payment Plan you have selected.
Your CanMonkey can-to-curb service will automatically renew at the beginning of each period selected in your Payment Plan (either monthly, quarterly, every 6 months, or every 12 months). CanMonkey will automatically charge the full amount of payment to your Payment Method each time your can-to-curb service renews, unless you cancel according to the terms and conditions stated in section IV of the Agreement.
Payments, Payment Account and Payment Method: You agree that the Payment Method specified by you for automatic Payments to CanMonkey is, and will continue to be, an account that you own, and that you will maintain sufficient availability under your credit card limit, or sufficient funds in the account linked to your debit card or other mode of payment, as applicable, to make your Payments. The automatic charge to your Payment Method will occur on the Billing Date of the month(s) of payment according to your Payment Plan. In addition, CanMonkey may subscribe to an account updater service, which may be supported by your Payment Method issuer, such as your credit card provider or bank. If your Payment Account number or Payment Account expiration date changes, you understand and agree that your Payment Method issuer may notify CanMonkey of such changes in order for CanMonkey to update your Payment Account information on file and charge automatic Payments to your new Payment Account information.
Automatic Renewal: Your can-to-curb service will continue for the length of the initial term you selected for your Payment Plan and at the end of your Payment Plan term, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal, or your CanMonkey can-to-curb service is cancelled, terminated, or discontinued by you or by CanMonkey. Your Payment Method will automatically be charged at the rates in effect at the time of renewal.
Notification of Payments: With the exception of a confirmation email sent to you from CanMonkey confirming your selected Payment Plan, you may not receive any receipt of payment emails to your Email Account notifying you that a Payment has been made under the Payment Plan. Such confirmation email may be your only notification from CanMonkey regarding your Payments under the Payment Plan. You understand and agree that CanMonkey may not provide you with advance notification before a Payment is charged to your Payment Method.
Current Information: It is your responsibility to make sure that your Payment Method information and Email Account information are current at all times during the term of the Payment Plan.
Payment Method Declined: If any Payment charged to your Payment Method is declined, you authorize CanMonkey to make additional attempts each day for up to twenty (20) consecutive days thereafter to successfully charge your Payment Method, if possible under such Payment Method. If CanMonkey is unable to successfully charge your Payment Method after such time and you have a recurring Payment Plan, you authorize CanMonkey to reattempt Payment Method authorization as stated herein for two (2) additional consecutive months.
Billing Disputes: Any issues, discrepancies, or disputes regarding billing must be reported to us in writing no later than thirty (30) days from the date of the applicable invoice. If no such notice is received within this period, the invoice shall be deemed true, accurate, and payable in full.
VI. LEGAL TERMS AND LIABILITY
Disputes/Binding Arbitration: Any dispute or claim arising from or relating to this Agreement or CanMonkey is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability, and all other terms in the CanMonkey Conditions of Use. By using CanMonkey, you agree to be bound by those terms.
Limitation of Liability: To the fullest extent permitted by applicable law, CanMonkey and its affiliates, officers, directors, employees, agents, suppliers, CanRunners or subcontractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) a missed service visit or your access to or use of or inability to access or use the service; (b) any conduct or content of any third party on the service; (c) any content obtained from the service; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Without limiting the generality of the foregoing, CanMonkey shall not be liable for any damages arising from or related to a missed service visit or incomplete service, including but not limited to: any credits granted to homeowners, refunds to guests staying at the property, City or Homeowners Association (HOA) fines, or permitting issues.
In no event shall the aggregate liability of CanMonkey exceed the amount paid by you to CanMonkey for the services for a single property giving rise to the claim during the twelve (12) month period immediately preceding the event giving rise to such liability.
Disclaimer: Under the terms of this agreement, CanMonkey will not be held responsible for any damage to your waste or recycling cans. Furthermore, CanMonkey shall not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse, or abuse. CanMonkey will not be held responsible for any damage caused to vehicles that may back up or hit your waste or recycling cans in any way.
Authorized Agents: By registering a property with CanMonkey, you, as the Host, Property Manager, or Agent acting on behalf of the property owner, acknowledge and agree to the following:
You are authorized to act on behalf of the property owner and have provided an authorized payment method belonging to the property owner for all financial transactions related to the property. Notwithstanding this, you shall be jointly and severally liable with the property owner for any and all outstanding amounts due to the CanMonkey under this Agreement. This includes, but is not limited to, fees, charges, and any other costs incurred from the use of our services.
Your joint and several liability with the property owner means that the CanMonkey may seek to recover the full amount of any debt from you, the property owner, or both parties simultaneously, at the Company's sole discretion, without first having to exhaust remedies against the other. This obligation shall remain in effect until all outstanding amounts are paid in full.
Changes to Terms; Notification and Acceptance: CanMonkey may revise these Terms from time to time in our sole discretion. If we make material changes, we will provide notice by posting the updated Terms on our website and updating the “Last Updated” date, and, where required by law, by providing additional notice (such as by email or in-app notification). Unless otherwise stated in the notice, the revised Terms will become effective immediately upon posting. Your continued access to or use of the Services after the effective date of any revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must stop using the Services.
Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will otherwise remain in full force and effect.
Confidentiality and Non-Disclosure: In using our platform, you may be exposed to and gain knowledge of certain non-public information related to CanMonkey, our technology, and other users (collectively, “Confidential Information”). By continuing to use the platform, you agree to keep all such Confidential Information strictly confidential. You must not disclose, publish, or use this information for any purpose other than your authorized use of the platform.
Confidential Information includes, but is not limited to:
Proprietary Methods and Processes: Any details regarding our internal operations, including our customer service methods and the proprietary service request processes we use to manage and fulfill requests.
Customer and User Data: All non-public information about our other customers, including their customer account information and any related data.
Protected Information: Any other information you may gain access to that could be used for the purpose of gaining an unfair competitive advantage against us or our other customers including any special pricing agreements.
This confidentiality obligation will remain in effect even after your account is terminated. Any breach of this clause is considered a material breach of this agreement and may lead to the immediate suspension or permanent termination of your account, forfeiture of any benefits, and potential legal action.
Mutual Non-Disparagement: Both you and CanMonkey agree that neither shall make, publish, or communicate to any third party – including through social media, online reviews, forums, or any other public or private platform – any defamatory, disparaging, or knowingly false statements regarding the other Party, its products or services, or its officers, directors, employees, contractors, or agents. In the event of a breach of this provision, the non-breaching Party shall be entitled to seek immediate injunctive relief, removal of any offending content, and recovery of any damages (including reasonable attorneys’ fees) resulting from the breach. This provision shall not restrict either Party from providing truthful information as required by law, regulation, or legal process, or from making internal statements in good faith for legitimate business purposes.
Non-Solicitation: During the term of your agreement with CanMonkey and for a period 2 years after its termination, you agree not to, directly or indirectly, solicit or attempt to solicit any of our customers, vendors, contractors, CanRunners, or employees for the purpose of diverting their business or employment relationship with us. This includes, but is not limited to:
Contacting, or attempting to contact, our customers, vendors, or CanRunners to encourage them to reduce, alter, or terminate their business relationship with us.
Contacting, or attempting to contact, our employees or contractors to encourage them to leave their employment or engagement with us.
A breach of this clause will be considered a material breach of this agreement, subjecting you to legal action, including injunctive relief and claims for damages.
Addition of Properties: By adding any new property to your account for service, you acknowledge and agree that such addition constitutes your acceptance of and agreement to be bound by the CanMonkey’s then-current Terms and Conditions, including but not limited to the applicable service terms, payment terms, cancellation policy, privacy policy, and any other policies or terms referenced therein. CanMonkey reserves the right to update its Terms and Conditions from time to time, and your continued use of the services for any property, whether newly added or existing, constitutes your agreement to the most recent version of those Terms and Conditions.
VII. ACCEPTABLE USE AND PROHIBITIONS
Acceptable Use: The services provided are for the sole purpose for which they were designed. You agree not to misuse, abuse, or interfere with our services or use them for any unauthorized or prohibited purpose.
Prohibited Use: Our service is provided for its intended purpose only. You agree not to use the service in any way that is unlawful, harmful, or violates the rights of others. Prohibited uses include, but are not limited to, actions that:
Interfere with or disrupt the integrity or performance of the service.
Attempt to gain unauthorized access to the service or its related systems or networks.
Harass, threaten, or abuse others, or promote violence.
Transmit viruses, malware, or other malicious code.
Third-Party Services: You are prohibited from using your account or any of the services provided by CanMonkey to create, provide, or resell any services, products, or benefits for a third party, including your own business, or for any company that competes with us, without our express prior written consent. Any breach of this clause will be considered a material breach of this agreement and may, at our sole discretion, result in the immediate suspension or termination of your account, along with any other remedies available to us, including, but not limited to, injunctive relief and monetary damages.
Prohibited Activities: You agree not to engage in any of the following activities in connection with your access to or use of the Services:
Unlawful Conduct: Engaging in any activity that violates applicable law, regulation, or ordinance.
Fraud or Misrepresentation: Impersonating any person or entity, providing false information, or otherwise engaging in deceptive practices.
Interference with the Service: Attempting to disrupt, disable, or impair the proper functioning of the Services, including by transmitting viruses, malware, or other harmful code.
Unauthorized Access: Gaining or attempting to gain unauthorized access to any accounts, systems, data, or networks connected to the Services.
Reverse Engineering or Modification: Decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code, underlying structure, or algorithms of any software or systems provided as part of the Services.
Automated Data Collection: Using any robot, spider, scraper, crawler, or other automated means to access or collect data from the Services without our prior written consent.
Commercial Misuse: Using the Services for purposes of developing a competing product or service, or otherwise exploiting the Services for unauthorized commercial gain.
Harassment or Abuse: Using the Services to harass, threaten, abuse, or otherwise harm another individual or entity.
Unauthorized Resale or Redistribution: Selling, leasing, sublicensing, or distributing the Services or any portion thereof without our prior written consent.
Any Other Harmful Conduct: Engaging in any activity that, in our sole discretion, is harmful, offensive, interferes with others’ use of the Services, or exposes us or our users to legal liability.
CanMonkey reserves the right to investigate violations of this Section and to suspend or terminate access to the Services for any user who engages in prohibited activities.
VIII. ADMINISTRATIVE AND MISCELLANEOUS
Changes to Terms - Notification and Acceptance: CanMonkey may revise these Terms from time to time in our sole discretion. If we make material changes, we will provide notice by posting the updated Terms on our website and updating the “Last Updated” date, and, where required by law, by providing additional notice (such as by email or in-app notification). Unless otherwise stated in the notice, the revised Terms will become effective immediately upon posting. Your continued access to or use of the Services after the effective date of any revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must stop using the Services.
Electronic Signature: By signing this Agreement electronically, you agree that the electronic signatures are the legally binding equivalent of traditional handwritten signatures. The use of electronic signatures, including but not limited to clicking "I Agree" or signing electronically, constitutes acknowledgment and acceptance of the terms and conditions of this Agreement. Each party agrees that no certification authority or other third-party verification is necessary to validate the electronic signature, and that the lack of such certification or verification will not in any way affect the enforceability of the electronic signature or this Agreement.
Contact Information: For help with CanMonkey or resolving other issues, please contact Customer Service at help@canmonkey.com.
Failure to Enforce: The failure of CanMonkey in any instance to insist upon a strict performance of the terms of this Agreement or to exercise any option herein, shall not be construed as a waiver or relinquishment of such term or option and such term or option shall continue in full force and effect.
IX. MESSAGING TERMS AND CONDITIONS
General: When you opt-in to the service, we will send you a message to confirm your signup. By opting into messages, you agree to receive recurring automated marketing and informational text messages from CanMonkey for CanMonkey. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with CanMonkey. CanMonkey reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. CanMonkey also reserves the right to change the short code or phone number where messages are sent.
Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.
Your consent to receive marketing messages is not a condition of purchase.
Carriers: Carriers are not liable for delayed or undelivered messages.
Cancellation: You can cancel any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from CanMonkey again, just sign up as you did the first time and CanMonkey will start sending messages to you again.
Info: Text “HELP” at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at cansupport@canmonkey.com.
Transfer of Number: You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at cansupport@canmonkey.com. The duty to inform us based on the above events is a condition of using this service to receive messages.
Privacy: If you have any questions about your data or our privacy practices, please see our Terms and Conditions above.
Messaging Terms Changes: We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.