Monify sensitive to privacy concerns, and is committed to letting the Merchant know what information is being
questions at .
1. Information Collected. Monify collects credit information to enroll and provide services requested by the
Merchant. The type of information we collect, and the primary purpose for which it is collected includes:
a. Required product registration information such as name, address, Social Security or taxpayer
identification number, and credit card merchant information to provide the Merchant with services
under the terms of the Agreement.
b. Billing information, such as credit card number, is required to process the payment for Monify’s
c. Other information Monify collects is used to verify your identity in the event you forget your login
information required for our online services. Email addresses are collected and used to send you
notifications and special offers via electronic mail.
d. Monify will also collect certain information arising out of your use of our web site, or augment the
data we collect with other information from other online or offline sources. We reserve the right to
collect information about you and store it in connection with other online or offline information we
may possess or obtain about you.
2. Release of Information to Third Parties. Monify does not share information with any non-affiliated third
party except in select circumstances when a business partner refers you to us and you give us permission to
share specific information, such as your name and email address, with that business partner on your order
form, or as permitted or required by law.
3. Email Opt-out Options. Each marketing email we send includes instructions and an opt-out link. You may
exercise this opt out choice at any time.
4. Cookies And Web Beacons.
a. Monify may set and access cookies on your computer to provide you with customized content and to
assist in providing the services that you have requested. We also work with companies who provide
services to maintain our Web site and email efforts and enable those service providers the rights to use
cookies on our Web site. They are prohibited from using that information for any other purposes than
from your hard drive after each session. Like many websites, we may automatically track information
described above, we and trusted third parties use this information to better understand, protect and
service our customers. The information may include such information as browser type, internet service
provider, referring/exit pages, platform type, date/time stamp, IP address and number of clicks to
analyze trends, administer our websites, track user's movement in the aggregate, and gather broad
demographic information for aggregate use.
b. You have the ability to prohibit being served an advertisement based on cookie technology. We utilize
reputable third-party vendors to serve advertisements. If however, you are not comfortable with
cookies, you can adjust the settings within your browser to further prohibit being served a cookie.
Please see the browser's instructions to perform this task.
5. Former Customers. Our policy regarding the collection and use of information about former customers is
the same as that regarding the collection and use about existing customers.
6. Protection of Information.
a. We restrict access to nonpublic personal information about you to those of our employees who need to
know that information in order to provide products to you. We maintain physical, electronic, and
procedural safeguards designed to protect your nonpublic personal information.
b. In the event we go through a business transition, such as a merger, acquisition by another company, or
sale of all or portion of our assets, your personally identifiable information will likely be among the
assets transferred. You will be notified by means of notice on our websites of any such change in
ownership or control of your personal information.
7. Privacy Notice Changes. Monify reserves the right to change this privacy notice at any time. You agree to
obtain annual notices of, and changes to, this privacy notice electronically by visiting this website.
Therefore, we encourage you to review this website from time to time to review changes to our privacy
MONIFY MONITORING SERVICES AGREEMENT
Subject to the terms of the Agreement, Monify, Inc. ("Monify" or “we” or “us”) will provide the below-
named merchant ("Merchant" or "you" or "your") credit card monitoring services. By clicking "I AGREE," you
indicate that you understand and agree to the terms and conditions of this agreement (“Agreement”).
1. Services Provided by Monify.
a. Monify shall provide Merchant with credit card monitoring services.
b. Upon receipt of Merchant’s statement, Monify will determine whether Merchant’s current provider is
charging unnecessary or inflated fees such as audit, conversion, debit access or security fees.
c. On a monthly basis, Monify will provide a detailed report card to Merchant with 11 different
categories that includes hidden and inflated fees, excessive mark-up, and correct codes for the
d. Additional products may be made available to Merchant via Monify’s website and may include
products from third parties. Please review the specific features, terms and conditions and associated
fees before you purchase.
2. Merchant Responsibility.
a. Merchant, or the representative on behalf of the Merchant entering into this Agreement, must be at
least 18 years of age, located in the United States, and must be the subject of the credit card statement
b. Together with payment for services as set forth below, Merchant is responsible for providing Monify
true, accurate and current information concerning its credit card statement, or continuous electronic
access to its credit card provider.
c. Merchant agrees not to do any of the following: (i) violate any applicable local, state, national or
international law, or any regulations having the force of law; (ii) further or promote any criminal
activity or enterprise or provide instructional information about illegal activities; or (iii) obtain or
attempt to access or otherwise obtain any materials or information through any means not intentionally
made available or provided for through Monify.
3. Authorization for Services. Merchant hereby authorizes Monify to do all of the following in connection
with providing you its services:
a. Verify your identity and share with our employees and agents certain non-public personal information
about the Merchant, including its social security number or taxpayer identification number.
b. Use and retain your credit information, along with the other information you have given us access to
under this Agreement.
c. Monify may send you information via email, text or online display or other means of delivery in
Monify’s reasonable sole discretion. We may also aggregate and evaluate your information to do
statistical analysis to provide historical or comparative information and to improve Monify products
and services. We will obtain your prior consent if we use your identifying information for any other
4. Payment and Terms. Monify is offered on a payment or subscription basis. The following terms apply,
unless Monify or its third party affiliate notifies you otherwise in writing.
i. If the gross revenue set forth in its credit card statements is less than $24,999 a month, Merchant
agrees to pay Monify a monthly fee of $19.99.
ii. If the gross revenue set forth in its credit card statements is between $25,000 and $74,999 a
month, Merchant agrees to pay Monify a monthly fee of $29.99.
iii. If the gross revenue set forth in its credit card statements is between $75,000 a month to
$149,999 a month, Merchant agrees to pay Monify a monthly fee of $39.99.
iv. If the gross revenue set forth in its credit card statements is greater than $150,000 a month,
Merchant agrees to pay Monify a monthly fee of $49.99.
b. Authorization for payment. Monify is authorized to charge and automatically renew Merchant’s costs
for its monthly service for the cost set forth above, unless the service is cancelled or terminated under
c. Delivery of payment. Merchant must pay for Monify’s services with one of the following methods:
i. A valid credit or debit card acceptable to Monify;
ii. Sufficient funds in a checking or savings account to cover an electronic debit of the payment
iii. By another payment option Monify provides to you in writing.
5. Cancellation and Refund Policy.
a. Monify may terminate services provided to Merchant for any reason at any time.
b. Merchant may cancel Monify’s services at any time by calling 1-212- 634-4228 or at number identified
c. Merchant will continue to have service until the end of the monthly period during which you canceled,
at which point, all services provided by Monify will cease. No refunds or credits will be issued.
6. Disclaimer and Limitation of Liability.
a. You acknowledge that Monify is not a credit repair company or similarly regulated organization under
b. You acknowledge that Monify does not provide credit repair services, credit or fraud protection, or
promise any savings as suggested in this Agreement and on Monify’s website and related literature.
c. MONIFY MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND RELATING TO ITS
MONITORING SERVICE AND EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER
EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO ITS MONITORING
SERVICE, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. IF, NOTWITHSTANDING THE OTHER
PROVISIONS OF THIS AGREEMENT, THERE SHOULD ARISE ANY LIABILITY WITH
REGARD TO MONIFY’S MONITORING SERVICE, OUR MAXIMUM LIABILITY SHALL NOT
EXCEED ONE MONTH OF SERVICES. SINCE IT IS IMPRACTICAL AND EXTREMELY
DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE DUE TO MONIFY’S
MONITORING SERVICE, THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL
BE PAID AND RECEIVED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS
SUM IS YOUR SOLE REMEDY NO MATTER HOW THE LOSS OR DAMAGE IS CAUSED,
EVEN IF CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE TO PERFORM
DUTIES UNDER THIS AGREEMENT, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY
APPLICABLE LAW, OR OTHER FAULT. IN NO EVENT SHALL WE BE LIABLE FOR
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
7. Jurisdiction, Waiver of Jury Trial, Governing Law. This Agreement and the respective rights and
obligations of the parties hereto shall be governed by and construed in accordance with the laws of the
State of New York, without regard to conflicts of laws provisions. The New York State Supreme Court
venued in Nassau County, NY shall have exclusive jurisdiction to hear and resolve disputes between
Monify and the Merchant. Monify and Merchant hereby waives its rights to a jury trial of any claim or
action based upon or arising out of this Agreement, directly or indirectly, and/or the relationship that is
being established among the parties hereunder.
a. This Agreement constitutes the entire agreement and understanding between Merchant and Monify and
supersede all prior discussions, agreements and representations, whether oral or written and whether or
b. This Agreement may not be amended except in a writing signed by Monify. Amendments of which we
give notice and post to Monify’s website will be deemed a writing signed by us. Any amendment to
this Agreement will take effect immediately upon being posted to Monify’s website and your
continued use of the Services after an amendment is so posted constitutes your acceptance of and
agreement to the amendment.
c. In the event any one or more of the provisions of this Agreement is held to be unenforceable under
applicable law, such unenforceability shall not affect any other provision of this Agreement and this
Agreement shall be construed as if said unenforceable provision had not been contained herein.
d. In the event that it should become necessary for the Monify to institute or defend legal proceedings to
enforce or defend any provision of this Agreement, Merchant agrees to pay Monify reasonable
attorneys’ fees and costs, except where prohibited by law.