Terms of Service

About these terms

These Terms of Service (the “Terms”) apply when a business signs up to Monty, uses it, or accepts an order form that refers to them. By creating an account or using Monty, you agree to these Terms on behalf of that business, and you confirm that you have the authority to do so.

Monty is a service for businesses. It is not offered to consumers, and these Terms do not apply to a guest who leaves feedback through a Monty page: the Guest Privacy Notice explains what happens to guests’ information.

If you have signed an order form or other written agreement with us, that document takes priority over these Terms where the two conflict.

These Terms include the following documents, which form part of our agreement:

• the Review Policy;
• the Acceptable Use Policy;
• the Data Processing Agreement, for the personal data we process on your behalf.

Who we are

Monty is provided by [company name], a company registered in England and Wales under company number [company number], whose registered office is at [registered office address] (“Monty”, “we”, “us” and “our”). You can contact us at help@monty.reviews.

Definitions

• Account: your Monty account, including every Venue added to it.
• Authorised Users: the people you allow to use your Account, such as owners, managers and staff.
• Customer, you and your: the business that signs up to Monty.
• Customer Data: information that you, your Authorised Users or your Guests put into Monty, including feedback, reviews, contact details and staff details.
• Guest: a customer of one of your Venues who uses a Monty page, such as a feedback, review, issue or offer page.
• Plan: the subscription you choose, as shown at sign-up, on our pricing page or in an order form.
• Services: the Monty platform, including the web app, the pages Guests see, touchpoints, integrations, reports, AI features and support.
• Touchpoints: the cards, codes, stands, links and messages used to ask Guests for feedback.
• Venue: a restaurant, hotel, bar, café, hostel or other hospitality business that you add to your Account.

Your account

To use Monty you need an Account. The person who creates it (the account owner) must be at least 18 and must give accurate details about the business and its Venues, and keep them up to date.

You can invite Authorised Users and choose what each of them can see and do. You are responsible for their use of the Services, and for making sure they follow these Terms.

You must keep log-in details and sign-in links secure, and must not share them. Tell us straight away at help@monty.reviews if you think someone has accessed your Account without permission.

The Services

Depending on your Plan, the Services let you:

• ask Guests for feedback through Touchpoints, in their own language;
• alert the right member of your team to a problem, by WhatsApp or email, and track it until it is resolved;
• invite Guests to leave a public review on platforms such as Google and Tripadvisor;
• see reviews from connected platforms in one inbox, with replies drafted for you;
• receive reports, sentiment analysis and local search insights;
• run staff leaderboards, welcome gifts, offers and things-to-do pages.

We keep improving Monty, so features may change. We will not make a change that materially reduces the core Services you pay for during your current billing period without telling you first. Features we label as beta or early access are provided as they are, and may change or be withdrawn.

Free trials

We may offer a free trial. Its length and limits are shown when you sign up. At the end of a trial you can choose a Plan; if you don’t, we may limit or pause your Account. We may end or change a trial at any time.

Plans, fees and payment

Fees are set per Venue, or as agreed in an order form, and are shown before you subscribe. Unless an order form says otherwise:

• fees are billed in advance for each billing period and are collected by our payment provider, Stripe, by card or by invoice;
• fees exclude VAT and any other taxes, which we will add where they apply;
• if a payment fails or an invoice is unpaid when due, we may suspend the Account after giving you at least 7 days’ notice;
• we may change our prices by giving you at least 30 days’ notice, with the change applying from your next billing period;
• fees are non-refundable, except where these Terms or the law say otherwise.

Some Plans include a limit on the number of Guest responses collected each month. If you reach it, collection may be paused or limited until the next period, or until you change Plan.

Asking guests for reviews

Monty is built to help you ask for reviews fairly and lawfully. You agree to use it that way, and to follow the Review Policy. In particular, you must:

• give every Guest the same chance to leave a public review, and not select Guests or discourage negative reviews (known as “review gating”);
• never offer a reward, discount or gift in return for a review, or for a particular rating;
• never write, commission, buy or post fake reviews, including reviews by you, your staff, your family or anyone connected to the business;
• never present reviews in a misleading way, for example by hiding or suppressing negative ones;
• follow the policies of every review platform you send Guests to.

These rules reflect the Digital Markets, Competition and Consumers Act 2024, the Competition and Markets Authority’s guidance and the review platforms’ own policies. Monty cannot control how you run your Venues, so you are responsible for complying with them.

Messages to guests and staff

Monty can send messages by WhatsApp and email to Guests and to your team. You are responsible for the content of the messages you set up, and for having the right to send them. In particular:

• you must have a lawful basis, and consent where the law requires it, before sending marketing to a Guest;
• marketing emails must let Guests unsubscribe, and Monty adds an unsubscribe link to the emails it sends to Guests on your behalf;
• WhatsApp messages must follow WhatsApp’s Business and Commerce policies;
• you must not use Monty to send spam or unsolicited bulk messages.

Welcome gifts, offers and things to do

You can offer welcome gifts and create offers and banners for Guests. You must honour the offers you create, and you must never make a gift or offer conditional on a Guest leaving a review or giving a particular rating.

Things-to-do pages show tours and activities from Viator. Any booking a Guest makes is between the Guest and Viator or the activity’s operator, on their terms.

AI features

Some features use artificial intelligence, including drafting replies to reviews, summarising feedback and guest issues, scoring sentiment, suggesting actions, generating reports and designs, and answering questions in the help centre. These features are provided using third-party AI providers, listed on our Sub-processors page.

• AI output can be wrong or incomplete. Check it before you rely on it, and review every reply before you publish it.
• You are responsible for replies and other content you choose to publish.
• We do not use Customer Data to train AI models, and our AI providers’ terms do not allow them to use data sent through their services to train their models.

Integrations and third-party platforms

Monty connects to services such as Google, Tripadvisor, Trustpilot, Facebook, WhatsApp, Mailchimp, MailerLite, Stripe, Viator and Telegram. When you connect one, you authorise us to exchange data with it on your behalf, and its own terms and privacy policy apply to your use of it.

Those platforms are not controlled by Monty and are not affiliated with it. We are not responsible for their availability, their decisions (for example, to remove a review) or changes they make that affect an integration. We will make reasonable efforts to keep integrations working, but cannot guarantee that they will.

Touchpoints and printed materials

If we design Touchpoints for you, we will send a proof before anything is printed. You are responsible for checking proofs, including names, links and contact details, before you approve them. Printed items may be subject to further terms given when you order them.

Your data and privacy

You own your Customer Data. You give us the right to host, use and process it to provide, secure and support the Services, and as set out in these Terms.

For personal data about Guests and your staff, you are the controller and we act as your processor under the Data Processing Agreement. You are responsible for telling Guests and staff how their information is used, for example by linking to the Guest Privacy Notice and your own privacy notice. For information about you and your Authorised Users as our customers, we are the controller, as explained in our Privacy Policy.

We may create aggregated, de-identified statistics from use of the Services, for example to benchmark performance across the hospitality industry, provided they do not identify you, your Venues or any person.

Acceptable use

You must use the Services in line with the Acceptable Use Policy. You must not misuse, disrupt or try to gain unauthorised access to the Services, or use them for anything unlawful, misleading or harmful.

Intellectual property

Monty and everything we provide as part of the Services, including the software, designs, templates and documentation, belong to us or our licensors. We give you a non-exclusive, non-transferable right to use the Services for your business during your subscription.

You keep ownership of your brand, logos and content. You allow us to use them to provide the Services, for example on Touchpoints and Guest pages.

You also allow us to name you as a Monty customer in our marketing, including customer stories on our website: we may show your venue’s name, logo and location, photos of your venue that you give us or publish yourself, and figures from your Monty account, such as reviews collected. We will only quote a named person with that person’s agreement, and we will stop using your details in new marketing if you ask us to at help@monty.reviews, and remove them from our website within 30 days.

If you send us feedback or suggestions, we may use them without any obligation to you.

Confidentiality

Each of us will keep the other’s confidential information confidential and use it only for the purposes of this agreement, except where disclosure is required by law or the information is already public through no fault of the recipient.

Availability and support

We aim to keep Monty available at all times, but we do not guarantee that it will be uninterrupted or error-free, and we may carry out maintenance. Unless an order form sets a service level, no specific uptime is promised. Support is available through the help centre and at help@monty.reviews.

Suspension

We may suspend all or part of the Services if an invoice is overdue, if you seriously or repeatedly breach these Terms, the Review Policy or the Acceptable Use Policy, if your use puts the security of the Services or other customers at risk, or if the law requires it. Where we reasonably can, we will tell you first and give you a chance to put things right.

Term and termination

Your subscription runs for the billing period of your Plan and renews automatically until cancelled. You can cancel at any time in your Account or by contacting us; cancellation takes effect at the end of the current billing period.

Either of us may end this agreement straight away by written notice if the other seriously breaches it and does not fix the breach within 14 days of being asked to, or becomes insolvent.

When the agreement ends, your access to the Services stops. For 30 days afterwards you can ask us for a copy of your Customer Data, after which we delete it as set out in the Data Processing Agreement, unless the law requires us to keep it.

What we promise, and what we don’t

We will provide the Services with reasonable skill and care. Beyond that, and to the extent the law allows, the Services are provided as they are. In particular, we do not guarantee any number of reviews, any rating, any position in search results, or that a review platform will publish or keep a review.

Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.

Subject to that, neither of us is liable for any loss of profit, revenue, business, goodwill or reputation, or for any indirect or consequential loss. Each party’s total liability arising from this agreement in any 12-month period is limited to the fees paid or payable by you in the 12 months before the event giving rise to the claim.

Indemnity

You will compensate us for losses we suffer from a third-party claim or regulatory action arising from your breach of the Review Policy, the Acceptable Use Policy or the messaging rules in these Terms, or from content you publish using the Services.

Partners and agents

If you joined Monty through one of our partners or agents, they may help set up and manage your Account and billing, and may see your Account’s data to do so. You can ask us at any time to remove a partner’s access. Our arrangements with partners are covered by separate terms.

Changes to these terms

We may update these Terms. If a change materially affects you, we will tell you at least 30 days before it takes effect. If you don’t agree to the change, you can cancel before it takes effect. The version in force is always the one on this page.

General

• You may not transfer this agreement without our consent. We may transfer it to a company that takes over our business, and will tell you if we do.
• This agreement is the entire agreement between us about its subject, and replaces anything discussed before it.
• If any part of it is found to be unenforceable, the rest remains in force.
• If either of us delays enforcing a right, that does not mean the right is waived.
• Neither of us is liable for delays or failures caused by events outside our reasonable control.
• No one other than you and us has any right to enforce these Terms.
• Notices to us should be sent to help@monty.reviews, and notices to you will be sent to the email address on your Account.

Governing law

These Terms, and any dispute arising from them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.