Terms of Service
Last updated: August 1, 2019
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with http://funnelytics.io website (the “Service”) operated by Funnelytics Inc. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Subscription Cancellations/ Downgrades
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle (located in your account settings -> subscriptions -> billing cycle), your Subscription will automatically renew under the exact same conditions unless you downgrade prior to the billing cycle end. You may downgrade your Subscription renewal either by visiting ‘My Subscriptions’ -> Subscription Details -> Manage My Subscriptions, and clicking ‘downgrade’, or by contacting a member of the Funnelytics customer support team who can assist.
Once you have downgraded your subscription, you will still have access to it until the end of the billing cycle.
Please note that it is your responsibility to manage your subscriptions, and therefore we cannot guarantee any refunds after the billing cycle has renewed.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Funnelytics Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
By submitting such payment information, you automatically authorize Funnelytics Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Funnelytics Inc.. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Funnelytics Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Funnelytics Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Funnelytics Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Funnelytics Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Funnelytics Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We provide a 30-day Satisfaction Guarantee, if you have a problem with setting up or using our tool or purchase, we’ll help you solve it. If we can’t solve it, or help you get the most value out of the tool or products – we’ll give you a full refund. Finally, users who purchase and refund multiple products over an extended period may be denied a refund due to abuse of the refund policy.
Please note – before a refund is granted, you must allow us to try and help solve any problem you have by opening a ticket or emailing Funnelytics support. Our knowledgeable support team is here to assist you and ensure you are satisfied.
Refund Policy for Funnelytics™ Vault, Agency Ignite Swipe Files, & Quick Wins Templates:
We do not issue refunds for the Vault, Agency Ignite Swipe Files, or Quick Wins Templates once the order is confirmed and the product is activated, due to the downloadable nature of the product. If you have any questions about the products and what it contains, please message us before making your purchase. There is no obligation to provide a refund or credit in the following situations:
- You change your mind about this product;
- You do not have sufficient expertise to use product
Refund Policy for Funnelytics Pro Subscriptions:
If you are on a Funnelytics Pro subscription, you have a 30 day refund period to test out Funnelytics. We provide a 30-day Satisfaction Guarantee from the date of your purchase, as long as you show us that you tried to implement the tool in your business – this includes booking your VIP Onboarding Call. The feedback is invaluable to us and we are here to help you and set you up for success as much as possible. There is no obligation to provide a refund or credit in the following situations:
- If you have not had a chance to use the product within the refund period;
- If you are requesting a refund due to a financial situation
Please note, that we do not bear any responsibility and therefore we do not satisfy refund requests based on incompatibility of our products with any third-party software. Within the 30 day refund period, if you wish to cancel, please contact us at firstname.lastname@example.org and we will assist you. If you wish to cancel after the 30 day refund period, please visit your account settings to do so. Once you have opted to cancel your plan, your account will still be active until the end of your subscription period before you are downgraded, and no further charges will then be made to your account moving forward. Please note that we do not satisfy refund requests after the 30 day period.
Refund Policy for Academy Courses:
For individual course purchases through the Funnelytics™ Academy, all refund requests must be made within 30 days of purchasing. After 30 days, we do not provide refunds on any purchases. For courses purchased before they are publicly launched, refund requests must be made within 30 days of the course launch. If all course content was downloaded before the refund was requested, the refund request may be rejected. Users who purchase and refund multiple products over an extended period may be denied a refund due to abuse of the refund policy.
Refund Policy for Agency Accelerator Program:
We offer a 30-day refund period for the Agency Accelerator. However, in order to qualify for a refund you must submit proof that you did the work in the course and sought feedback to troubleshoot your progress. All refunds are discretionary as determined by Funnelytics Inc. To further clarify, we will not provide refunds after the 30th day from your date of purchase and all payments must be made on a timely basis. With respect to any purchase, you must request your money back within 30 days of your purchase date. You may contact us at email@example.com and provide information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. You must also demonstrate that you have attempted to implement the program without success. To meet this requirement, you must submit the work outlined below. The work that you need to submit with your request for a refund includes ALL of the following items: Requirement 1: Complete all sections and attach your “Agency Accelerator Google Sheet Workbook” Requirement 2: Complete your “Ignite Funnel” and attach all the components of your funnel. Includes your “Ignite Video”, “Scheduler/Calendar,” “Questionnaire,” and “Ads” We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program. Please note: If you opted for a payment plan and you do not request a refund within 30 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
Processing your request:
Upon receiving your request, we will direct you to a short refund survey which we ask you to complete. We will review and a member of our support team will contact you within 48 hours of receiving your request to provide you with a status update.
Payment of Refunds:
In case your request is judged grounded, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, generally within 5-10 working days since your request has been approved.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion. You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Funnelytics Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Funnelytics Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Funnelytics Inc.. Funnelytics Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Funnelytics Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless Funnelytics Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Funnelytics Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, 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.
Disclaimer And Non-Waiver of Rights
Funnelytics Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary. Funnelytics Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. If you breach any of these Terms and Funnelytics Inc. chooses not to immediately act, or chooses not to act at all, Funnelytics Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Funnelytics Inc. does not waive any of its rights. Funnelytics Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org