FunnelBud Flow Terms of Service

Please read these terms of service carefully. Once accepted, these terms of service, in combination with our privacy policy, data processing agreement, and affiliate agreement (collectively the "terms"), become a binding legal commitment between you (or the business entity that you represent) and FunnelBud AB and its respective officers, directors, successors and assigns (hereinafter referred to as "FunnelBud", "we" or "us") and will govern your access to and use of the platform and all other interactions with FunnelBud related to the platform.

Please also refer to our GDPR Information and our Privacy Policy pages for more information on our GDPR compliance and the policies governing usage of our website.

1. Use of Platform

1.1. Age Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor's use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor's use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor's behalf.
1.2. Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual's trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.
1.3. Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to FunnelBud, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers.
1.4. Privacy. By using the Platform and providing Information on or through the Platform, you consent to FunnelBud's use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that FunnelBud has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by FunnelBud. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers' data to us for use and disclosure in accordance with these Terms and our Privacy Policy.
1.5. Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify FunnelBud immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. FunnelBud reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in FunnelBud's opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.
1.6. Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act ("TCPA") and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. FunnelBud is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. FunnelBud is a technology platform communication service application provider ONLY. FunnelBud does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.
1.7. Third Party Services. The Platform may leverage or include access to Third Party Services. FunnelBud is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as LeadConnector phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and FunnelBud is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), FunnelBud reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. FunnelBud disclaims all liability related to outages or downtime of Third Party Services.
1.8. Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of FunnelBud. FunnelBud is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.
1.9. Customizations. Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers' customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. FunnelBud may remove any of your modifications at any time without advance notice and without liability to you.
1.10. Excessive Use Restrictions. We provide access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in FunnelBud's sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if FunnelBud's operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.
1.11. Platform Updates. FunnelBud reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on FunnelBud's delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.

2. Prohibited Uses
The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which FunnelBud may immediately suspend or termination your Platform Account in accordance with these Terms:
2.1. Use of the Platform in any way that violates any applicable law or regulation.
2.2. Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
2.3. Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
2.4. Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
2.5. Impersonating or attempting to impersonate FunnelBud, a FunnelBud employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
2.6. Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.
2.7. Engaging in any conduct that would may, as determined by FunnelBud, harm Platform users or FunnelBud, or expose either to liability.
2.8. Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
2.9. Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
2.10. Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without FunnelBud's prior written consent.
2.11. Use of any device, software or routine that interferes with the proper working of the Platform.
2.12. Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
2.13. Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.
2.14. Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.
2.15. Otherwise attempting to interfere with the proper working of the Platform.

3. Payment
3.1. Fees. Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.
3.2. Noncancellable Fees. Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved.
3.3. Taxes. You are exclusively responsible for taxes and other governmental assessments ("Taxes") associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. FunnelBud may collect Taxes from you as part of the Fees as legally required or as FunnelBud deems appropriate, and all FunnelBud determinations regarding what Taxes to collect are final. FunnelBud may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify FunnelBud for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your customers as further described below. Taxes are nonrefundable.
3.4. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
3.5. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All FunnelBud determinations regarding your obligation to pay invoiced Fees and charges are final.
3.6. No Refunds or Credits. Except as described below, all Fees assessed by FunnelBud are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. FunnelBud does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, FunnelBud reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and FunnelBud's determination of if and when to issue or deny a refund or credit is final.
3.7. Cancellations. You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.
3.8. Your Responsibility For Financial Transactions. You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.

4. Affiliate Program
FunnelBud offers an Affiliate Program under which customers may receive commissions for referring new accounts to FunnelBud. Your participation in the Affiliate Program is subject to FunnelBud's approval and your acceptance of the Affiliate Agreement, a copy of which is available here and is incorporated herein by reference. You must establish a payment account linked to your FunnelBud account in order to earn and receive commission payouts. Commissions may be forfeited if FunnelBud is unable to submit payment to your payment account for any reason.

5. Intellectual Property
5.1 Platform Content Ownership and License
The Platform and Platform Content are the property of FunnelBud or its licensors, protected by applicable intellectual property laws. FunnelBud grants you a personal, non-transferable, revocable, and non-exclusive license to access and use the Platform Content solely for the purpose of utilizing the Platform for yourself and your customers. Any reproduction, modification, distribution, or other use of Platform Content without FunnelBud's prior written consent is strictly prohibited.

5.2 Trademarks
FunnelBud's trademarks and service marks may not be used without FunnelBud's prior written authorization. You shall not remove any FunnelBud marks or proprietary notices from the Platform or Platform Content. Third-party usage of FunnelBud marks does not imply FunnelBud's endorsement or approval.

5.3 User Contributions
By submitting User Contributions, you grant FunnelBud and its affiliates a perpetual, worldwide, royalty-free license to use, reproduce, modify, perform, display, distribute, and disclose such contributions for any purpose. You represent and warrant that you own or control all rights in your User Contributions and that they comply with these Terms.

5.4 Prohibited User Contributions
You are prohibited from posting User Contributions that are unlawful, defamatory, discriminatory, infringing on intellectual property rights, or that compromise the Platform's security.

5.5 Feedback
Any Feedback you provide to FunnelBud is voluntary and non-confidential. You grant FunnelBud a perpetual, irrevocable, royalty-free license to use such Feedback without restriction. You represent that your Feedback is your original work and does not infringe upon the rights of any third party.

5.6 Feedback Waiver and Indemnification
You release FunnelBud from any claims related to the Feedback and agree to indemnify and hold FunnelBud harmless from any claims, liabilities, or expenses arising from your Feedback.

6. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. FUNNELBUD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FUNNELBUD MAKES NO WARRANTY REGARDING THE PLATFORM'S RELIABILITY, ACCURACY, OR ABILITY TO MEET YOUR REQUIREMENTS.

FUNNELBUD IS NOT LIABLE FOR ANY DATA LOSS OR INTERCEPTION DURING TRANSMISSION VIA THE INTERNET OR TELECOMMUNICATIONS NETWORKS. FUNNELBUD DISCLAIMS ALL LIABILITY FOR THIRD-PARTY TRANSACTIONS OR SERVICES.

FUNNELBUD RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE PLATFORM AT ANY TIME WITHOUT NOTICE AND SHALL NOT BE LIABLE FOR ANY RESULTING DAMAGES.

7. Limitation of Liability and Indemnification
FUNNELBUD'S ENTIRE LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

IN NO EVENT SHALL FUNNELBUD BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS.

You agree to defend, indemnify, and hold FunnelBud harmless against all claims, damages, liabilities, and expenses arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.

8. Time Limitation on Claims
ANY CAUSE OF ACTION OR CLAIM RELATED TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

9. Injunctive Relief
You acknowledge that a breach of these Terms may cause irreparable harm to FunnelBud, and FunnelBud shall be entitled to seek equitable relief without the necessity of posting a bond or other security.

10. Waiver and Severability
No waiver by FunnelBud of any term or condition shall be deemed a continuing waiver or a waiver of any other term or condition. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11. Assignment

FunnelBud may assign its rights under these Terms at any time without notice. You may not assign your rights under these Terms without FunnelBud's prior written consent, which may be withheld at FunnelBud's sole discretion.

12. Entire Agreement
These Terms constitute the entire agreement between you and FunnelBud regarding the Platform, superseding all prior and contemporaneous understandings, agreements, representations, and warranties. These Terms may not be amended except by a written document signed by an authorized representative of FunnelBud.
In the event of a separate agreement between you and FunnelBud, such agreement shall be considered part of your entire agreement with FunnelBud. In case of conflict between these Terms and a separate agreement, the separate agreement shall prevail.

13. Term and Termination
13.1 Duration
These Terms shall remain in effect for the duration of your Platform Account.
13.2 Termination by FunnelBud
FunnelBud reserves the right to suspend or terminate your access to the Platform at any time, with or without notice, for any reason, without liability to you or any third party.
13.3 Effect of Termination
Upon termination, your right to use the Platform shall immediately cease. FunnelBud shall not be liable for any damages arising from termination.
13.4 Termination Process
To terminate your access, you must provide FunnelBud with written notice at least 30 days prior to your next billing date.
13.5 Third-Party Users
Users granted access by parties other than FunnelBud must contact their access provider for termination inquiries.
13.6 Force Majeure
FunnelBud shall be excused from liability for non-delivery or delay arising from events beyond its reasonable control.

14. Dispute Resolution
14.1 Governing Law
These Terms shall be governed by the laws of Sweden, without regard to conflict of law principles.
14.2 Class Action Waiver
All claims and disputes must be arbitrated or litigated on an individual basis and not as a class action.

15. Communications
15.1 Notice Delivery
All notices pursuant to these Terms shall be in writing and delivered via email. Notices to FunnelBud must be sent to info@funnelbud.com. You hereby consent to receive notices at the email address provided during registration or any subsequent address on record with FunnelBud.
15.2 FunnelBud Communications
FunnelBud reserves the right to contact you regarding these Terms using any information you have provided or through any other available means if contact information is not provided.
15.3 Primary Email Designation
Upon creation of a Platform account, you shall designate a primary email address for receipt of all electronic communications related to these Terms.
15.4 Security Protocol
FunnelBud explicitly states that it will not request confidential information such as account numbers, usernames, or passwords via email. In the event you receive such a request purportedly from FunnelBud, you are instructed not to respond and to immediately notify FunnelBud at support@funnelbud.com.
15.5 Opt-Out Procedure
Should you wish to cease communications from FunnelBud, you may utilize the "unsubscribe" link provided in such communications or contact FunnelBud directly at info@funnelbud.com.

16. Definitions
For the purposes of these Terms, the following definitions shall apply:
16.1 "Communication Surcharges" shall mean any applicable fees or surcharges imposed by communications service or telecommunication providers related to your use of the Platform.
16.2 "Feedback" shall mean any ideas, suggestions, or recommendations provided by you to FunnelBud regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other matters pertinent to FunnelBud's business operations.
16.3 "Fees" shall mean any and all charges associated with the Platform, including but not limited to monthly subscription fees and any fees for additional Services.
16.4 "FunnelBud Marks" shall mean the FunnelBud name, related logos, and service marks owned by FunnelBud.
16.5 "Information" shall mean all data pertaining to you and your customers that FunnelBud collects through the Platform, including but not limited to information required for Platform Account creation and usage.
16.6 "Login Credentials" shall mean the unique username and password utilized to access your Platform Account.
16.7 "Platform" shall mean any and all Services, Training, content, functionality, communication channels, and software or other services or features offered to customers through FunnelBud's website or mobile application.
16.8 "Platform Account" shall mean the account created by you for the purpose of accessing and utilizing the Platform.
16.9 "Platform Content" shall mean all content, data, features, and functionality viewable on the Platform, excluding User Contributions.
16.10 "Services" shall mean the variety of product integrations and services made available by FunnelBud on the Platform, which may include Third Party Services.
16.11 "Sub-Account" shall mean a subscription for one business entity under a Platform Account.
16.12 "Third Party Content" shall mean any content, promotions, offers, or links to external websites provided by third parties that may be accessible on the Platform.
16.13 "Third Party Services" shall mean any services owned and provided by third-party vendors that FunnelBud makes available as a Service on or through the Platform.
16.14 "Training" shall mean any instruction, information, or suggested usage practices conveyed by FunnelBud regarding the Platform.
16.15 "User Contributions" shall mean any content or materials posted, submitted, uploaded, published, displayed, or transmitted by you on or through the Platform or directly to FunnelBud.
16.16 "You" or "you" or any derivatives thereof shall mean the individual who accepted these Terms or the business entity that the individual represents, including any and all agents, employees, or third parties authorized to act on behalf of said individual or entity.

17. Miscellaneous Provisions
17.1 Survival
The sections of these Terms that are intended to survive termination of your Platform Account shall remain binding even after you cease to be a Platform user.
17.2 Headings
The section headings in these Terms are for convenience only and have no legal or contractual effect.
17.3 Electronic Signatures
Your use of the Platform or click-through acceptance of these Terms constitutes your electronic signature and agreement to be bound by these Terms.
17.4 Counterparts
These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
17.5 No Agency
Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between you and FunnelBud.
17.6 Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control.
17.7 Time of Essence
Time is of the essence with respect to all provisions of these Terms that specify a time for performance.
17.8 Further Assurances
The parties agree to execute such further documents and to take such further actions as may be necessary to carry out the purposes and intent of these Terms.