Terms of Service
Last updated: September 28th, 2022
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.
All subscriptions are recurring on an annual commitment and will automatically renew after the end of each paid subscription period.
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 typically either on a monthly or annual basis, depending on the type of subscription plan the user selects when purchasing a Subscription.
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.
Funnelytics User shall pay for all subscription fees, and hereby authorizes Funnelytics (and its payment processors) to debit User’s bank account or charge User’s credit card, as stated on User’s subscription and billing page. User agrees that all subscriptions are recurring and will renew automatically. We do not send reminders prior to a subscription renewal, it is up to the user to be responsible for their billing cycle dates.
Reselling is defined as selling a Funnelytics account, or a Funnelytics Workspace/Project to a third party outside of the Funnelytics platform. Funnelytics strictly prohibits the resale of all Lifetime Deal licenses and Workspaces/Projects. Any resale of a Lifetime Deal, or a Workspace/Project may result in termination of the account with no notice and no refunds will be provided based on evidence of the breach of terms.
- If a Workspace/Project is included in a service agreement with the primary owner of the account as an associated cost.
- If the account in question is on a subscription, and the buyer transfers ownership of the subscription terms & billing in Funnelytics
- If the subscription is purchased through a Funnelytics affiliate link
Funnelytics User acknowledges that all subscription fees are charged automatically on a recurring basis until the User cancels their subscription for any recurring plan. Users may cancel their subscription by contacting email@example.com. Once your account has been downgraded, you will have access until the end of your billing cycle. Please keep in mind that you are solely responsible for properly cancelling your account. You must contact support before or on the payment due date.
For Funnelytics Performance plans, if you exceed your plan’s limits on tracking in any given month, you will automatically be charged the full amount for overages on the next billing date.
For Funnelytics Legacy plans, if you exceed your plan’s limits on any feature in any given month, you will be automatically upgraded to the next level plan for the remainder of your subscription period. You will be charged a pro-rated price for the increased price of the upgraded plan immediately, and the full amount will be charged starting on the next billing cycle.
- Exception: If upgrading from a Free plan to a Paid plan, your billing cycle will start new on the day you upgrade (where the full fee of the paid plan is to be paid). You will be charged the full amount of the then-current rate for the new plan, beginning with your next billing cycle.
Event Processor Use
Use of the Event Processor (beta) is subject to a fair use policy. This means that there is no limit to the amount of events that you will be allowed to process into Funnelytics. The fair use policy is based on a 10X factor. For volume, this means that, on average, we expect fair use to be based on 10x the amount of people profiles you’re allowed to track. Should your license cover 100,000 profiles, then fair use would be to process 1,000,000 events as part of your license.
For data sources, this means that, on average, we expect fair use to be based on 1 data source per license tier of 100,000 profiles. For unique data object types, this means that, on average, we expect fair use to be based on 3 unique data object types per data source. Funnelytics will not charge you in the event that you will pass these thresholds as part of our fair use policy throughout the public beta testing of the Event Processor. Funnelytics retains the right to change in the future, and we encourage clients to make additional cost part of their budgeting should they pass these fair use thresholds.
Funnelytics Performance subscriptions are eligible to be refunded in the first 60 days after the initial purchase with the best effort from both parties. In order to qualify for a refund, you must reach out to firstname.lastname@example.org no more than 60 days after the initial purchase. If you have any questions about the product and what it contains, please message us before making your purchase.
Our knowledgeable support team is here to assist you and ensure you are satisfied. 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 in the following situations:
- You have not had a chance to use the product within the refund period;
- You are requesting a refund due to financial or personal situation/ goodwill;
- You do not have sufficient expertise to use the product
In order to be eligible for a refund, you must contact support (email@example.com) within 60 days of purchasing. You are responsible for cancelling your subscription by going to your Account Settings. There will be no refunds or credits for partial months of service, upgrade/ downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
Funnelytics is committed to the success of our customers, but through experience, we have found that users have varying requirements, capabilities, and limitations with regard to the types of devices and software they can use, the way their local network is configured, the speed of their internet connection, etc. These issues will certainly impact a customer’s ability to use Funnelytics as it is intended.
We recommend ensuring that all platforms used by the customer are compatible with Funnelytics prior to purchasing.
All subscriptions, both month-to-month and annual plans, are recurring and will automatically renew after the end of each paid subscription period.
Funnelytics Refund Policy for Insights Service
Funnelytics does not offer refunds for our Insights Service. Should you have any questions about the service prior to purchasing, please contact firstname.lastname@example.org.
Funnelytics Refund Policy for Pro Annual Plans
Funnelytics offers the Pro Annual Plan based on tiered tracking limits. Once that tracking limit has been reached, the user will automatically be upgraded to the next tier and charged a prorated amount. Once this has happened, there will be no refunds issued for the upgraded charge. Funnelytics will make reasonable efforts to notify the user prior to upgrading their account. If you would like to learn more about the pricing, please contact email@example.com prior to purchasing.
Funnelytics Refund Policy for Marketer & Pro Monthly Plans
Funnelytics offers a Month-to-Month Subscription Plan, which allows customers to upgrade, downgrade, and cancel at any time without penalty. We recommend this option for most customers, especially those that do not have full certainty or control over their technology environment.
Finally, Funnelytics offers an Annual Subscription Plan at a significant discount. We recommend this plan for customers who are certain that Funnelytics is compatible with their environment. It is your responsibility to evaluate Funnelytics, including its features, limitations, and system requirements before selecting the Annual Plan.
If you are not certain that Funnelytics is a fit for your use case and environment, then you should not choose the Annual Plan.
Funnelytics will not issue refunds to Annual Plan customers on the basis of the customer not understanding the system requirements, or the presence of compatibility issues, including inadequate internet speed/ consistency, incompatible devices, operating systems, or browser software versions.
If you choose the Annual Plan, you are entering into a one-year subscription contract that expires 12 months after you sign up. You are responsible for paying for the entire subscription. If you decide to cancel before the term of your subscription is up, then you will still be billed for the remaining months on your subscription, and will still have access to its benefits until it expires.
Refund Policy for Funnelytics™ Vault/ 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;
- You are requesting a refund due to a financial or personal situation/ goodwill
We still stand by our Satisfaction Guarantee and are happy to assist you in getting the most benefit from it – please contact our support team at firstname.lastname@example.org.
Refund Policy for Paid Courses
For individual course purchases through the Funnelytics™ Academy, all refund requests must be made within 14 days of purchasing, with the exception of the courses listed below, which are non-refundable. All deposits made for any courses are non-refundable.
- Guest Courses (ie. any courses not created by Mikael Dia)
After 14 days, we do not provide refunds on any purchases. For courses purchased before they are publicly launched, refund requests must be made within 14 days of the course launch.
For refund requests within 14 days of purchase, Funnelytics is not obligated to provide a refund in the following cases:
- You change your mind about this product;
- You are requesting a refund due to a financial or personal situation/ goodwill
- If 25% or more of the course content was viewed
If all course content was viewed or 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 Paid Chat Support
For Chat Support purchases under the Marketer Plan, all refund requests must be made within 14 days of purchasing. If you have any questions about the product and what it contains, please message email@example.com prior to purchasing.
Refund Policy for VIP Setup & Call Support
For all VIP Setup & Call support purchases, all refund requests must be made within 30 days of purchasing or before the first VIP call takes place, whichever comes first. After 30 days or once the first VIP call has taken place, the Funnelytics team is not obligated to provide a refund.
If you have any questions about the product and what it contains, please message firstname.lastname@example.org prior to purchasing.
Processing Your Request
Upon receiving your request, we will direct you to a short refund survey which you must complete in order to be eligible for a refund. 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.
All transactions/ interactions are external, meaning there are no paid transactions made on our Funnelytics Providers platform between providers and users, and no direct messages between providers and users sent via the platform.
Funnelytics, Inc. is not responsible for any and all disputes arising between providers and users of our Sites and Services. By accessing and using our Sites and Services, You release us from any and all liability for any and all claims arising from disputes between providers and users of our Sites or Services. We strongly advise you to read the terms and conditions for any service provided before entering into a contract with a provider.
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.
Cohort & VIP Calls
All Cohort and VIP Calls may be recorded for quality, training and promotional purposes. Any promotional material that includes the users likeness that may come from a recorded call, will be approved by the user before publishing.
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.
Please contact us at email@example.com if you have any questions, concerns or need clarifications.