Funnels And Profit
Terms Of Use Policy
Effective Date: September 4, 2024
Introduction
Welcome to Funnels&Profit (“Agency,” “we,” “us,” “our”). By accessing or using our website and services, you (“User,” “you,” “your”) agree to be bound by these Terms of Use. This document outlines the terms and conditions governing your relationship with us, including your rights, responsibilities, and obligations. Please read these Terms carefully before using our services.
Definitions
We may collect various types of information, including:
- Agency: Refers to Funnels&Profit, the provider of digital services, including but not limited to design, marketing, sales funnel creation, and other related services.
- User: Any individual or entity accessing or using the Agency's services.
- Services: The digital, design, marketing, and related services provided by the Agency, including but not limited to Design as a Service (DAAS), AI & Automation, Concept to Build, Sales Funnel Design, and Sales Funnel Audit.
- Content: All materials, including text, graphics, logos, images, and data provided through the Agency's services.
User Responsibilities
As a User, you agree to:
- Acceptable Use: Use our services only for lawful purposes and in accordance with these Terms. You agree not to misuse our services, including but not limited to engaging in any activity that disrupts or interferes with the functionality of our website or services.
- Account Security: Maintain the security of your account information, including your username and password. You are responsible for all activities that occur under your account.
- Prohibited Activities: Refrain from using our services for any illegal or unauthorized purpose, including but not limited to violating intellectual property rights, distributing malware, or engaging in fraudulent activities.
Ownership
- Agency Ownership: Funnels&Profit retains full ownership of all intellectual property rights related to our services, including but not limited to website content, design elements, graphics, logos, trademarks, software, and proprietary technologies. All materials provided by the Agency are protected by copyright, trademark, and other applicable intellectual property laws.
- Client Deliverables: Upon completion of any project and full payment of all associated fees, you are granted a limited, non-exclusive, non-transferable license to use the deliverables provided by the Agency for their intended purpose. However, Funnels&Profit retains the rights to the underlying methodologies, tools, templates, and any non-client-specific content used or developed during the course of the project.
- User-Generated Content: If you submit content to us, including feedback, ideas, or suggestions, you grant FunnelsAndProfit a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, distribute, and display such content in connection with our services. This license does not transfer ownership of your content to us, but it does allow us to use it to improve our services and for other business purposes.
- Restrictions: You are not permitted to modify, reproduce, distribute, create derivative works from, or otherwise exploit any part of our services or the content provided, except as explicitly allowed under these Terms of Use. Any unauthorized use of our intellectual property is strictly prohibited and may result in legal action.
- Third-Party Content: The Agency may use third-party content, software, or services as part of our offerings. Any third-party content used in connection with our services remains the property of its respective owners and is subject to the terms and conditions set forth by those third parties.
Agency Rights and Responsibilities
As the Agency, we reserve the right to:
- Service Modification: Modify, suspend, or discontinue any part of our services at any time without notice. We will not be liable to you or any third party for any such modifications.
- Content Ownership: Retain ownership of all content and materials provided through our services. You may not reproduce, distribute, or create derivative works from our content without our express written permission.
- User Data Handling: Collect, use, and protect user data in accordance with our Privacy Policy. We are committed to safeguarding your personal information and ensuring compliance with applicable data protection laws.
- Service Availability: Make reasonable efforts to ensure that our services are available 24/7, but we do not guarantee uninterrupted access and will not be liable for any downtime.
Payment and Fees
If applicable, you agree to the following payment terms:
- Subscription Models: For services offered on a subscription basis, payment will be due on a recurring basis as specified at the time of purchase. You authorize us to charge your payment method automatically at the start of each billing cycle.
- Refunds: Refunds, if any, will be processed according to our Refund Policy, which will be clearly outlined in the refund or SOW agreement.
- Billing Procedures: You agree to provide accurate payment information and update it as necessary. Failure to do so may result in suspension or termination of your access to our services.
Intellectual Property
- Agency IP: All intellectual property rights in our services, including but not limited to trademarks, service marks, logos, and proprietary technology, are owned by the Agency. Unauthorized use of our intellectual property is strictly prohibited.
- User-Generated Content: By submitting content to us, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and display your content in connection with our services.
- Licensing Terms: You are granted a limited, non-transferable, non-exclusive license to use our services for personal or business purposes in accordance with these Terms.
Termination
- Agency Termination: We reserve the right to terminate your access to our services at any time, with or without cause, and without prior notice.
- User Termination: You may terminate your use of our services at any time by notifying us in writing. Upon termination, your rights to use our services will cease immediately.
- Effects of Termination: Upon termination, all provisions of these Terms that by their nature should survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability, will remain in effect.
Dispute Resolution
- Applicable Laws: These Terms will be governed by and construed in accordance with the laws of the jurisdiction in which the Agency operates, without regard to its conflict of law provisions.
- Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms will be brought exclusively in the courts of the jurisdiction in which the Agency is located.
- Arbitration: At our sole discretion, we may require you to submit any disputes arising from the use of our services to final and binding arbitration under the Rules of Arbitration of the jurisdiction in which the Agency operates.
Limitation of Liability
In no event shall Funnels&Profit be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or related to your use of our services, regardless of whether we have been advised of the possibility of such damages.
- No Warranty: The Agency's services are provided "as is" and "as available" without any warranties of any kind, either express or implied.
- No Payment Obligation: Under no circumstances shall Funnels&Profit be liable to pay any compensation, damages, or any other financial remedy to you. This limitation applies to all claims, whether based on warranty, contract, statute, tort (including negligence), or otherwise.
Privacy Policy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our services, you agree to the terms of our Privacy Policy.
Changes to Terms
We reserve the right to update these Terms of Use at any time. Any changes will take effect immediately upon being published on our website. We will notify you of any significant changes by updating the effective date at the top of this page. Your continued use of our services after any changes to these Terms constitutes your acceptance of the revised terms.
If you have any questions or concerns about these Terms of Use, please contact us at: hi@funnelsandprofit.com
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What We Do
- Design As A Service
- Sales Funnel Design
- AI & Automation
- Concept To Build
- Sales Funnel Audit