LAST UPDATED JULY 27th, 2022

Privacy Policy

Introduction

This page (“Privacy Policy” or “Policy”) provides our policies and procedures for collecting, using and disclosing your information and outlines the security measures we’ve put in place to protect the information that you store using Funnel Vision Systems, LLC.'s ("Funnel Vision Systems") services, including the services made available through this web site, and any other software or services offered by Funnel Vision Systems in connection with such services (the “Services”). By using these Services, you consent to the collection, transfer, processing, storage, disclosure and other uses of your information described in this Privacy Policy.

What information does Funnel Vision Systems collect and store?

Personal Information

When expressing an interest in obtaining additional information about the Services or registering to use the Services, Funnel Vision Systems requires you to provide your personal contact information, such as your name, company name, address, phone number, and email address (these are referred to below as your “Personal Contact Information”). When purchasing the Services, Funnel Vision Systems also requires you to provide financial and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”).

Data, Diagnostic & Login Information

Using Funnel Vision Systems’s Services, you will be able to create, upload, store and share information such as company description, email ID, logo, photos, custom emails, user email IDs, etc. (this is collectively referred to below as “Data”). This information will be stored and maintained on Funnel Vision Systems’s web site. If you run into technical errors in the course of using the Services, Funnel Vision Systems may request your permission to obtain a crash report along with certain logging information from your system documenting the error (“Diagnostic Information”). Such information may contain information regarding your Operating System version, hardware, browser version (and .NET version information in case of Windows systems), and your email address, if provided. Additionally, certain login information is maintained in a cookie stored locally on your computer (i.e. not on a server) in order to streamline the login process (“Login Information”).

Analytics Information

As you navigate Funnel Vision Systemss website and use our Services, Funnel Vision Systems may also collect information through the use of frequently used information-gathering tools, such as cookies and Web beacons (“Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on Funnel Vision Systems’s website (such as web pages viewed and links clicked). Collectively, this information is referred to as “Analytics Information.”

Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to your website or other websites.

Google's use of advertising cookies enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.

Users may opt out of personalized advertising by visiting Ads Settings or by visiting www.aboutads.info.

Geo-Location Information

Funnel Vision Systems does not collect any information regarding your real-time geo-location while using the Services; however, it may do so at some point in the future. We will request your permission before collecting such information.

What does Funnel Vision Systems do with the information it collects?

Funnel Vision Systems uses the information it collects in the following ways:

Personal Contact Information – We use this information primarily to administer our Services to you and provide you with updates and product announcements. Per the Privacy and Conditions, we may use some of your information for marketing purposes, as explained below.

Billing Information – Funnel Vision Systems does not store any Billing Information on its servers. Instead, we use a payment provider, Stripe (www.stripe.com), to store and process all payment related transactions. Find information regarding Stripe’s privacy policy here.

Data, Diagnostic Information and Login Information – We use this information solely for the purpose of administering and improving our Services to you.

Analytics Information – Funnel Vision Systems may use your Analytics Information in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, to increase the Services’ functionality and user-friendliness, and to verify users have the authorization required for the Services to process their requests.

Sharing & Disclosure of Private Information

Third Party Applications and Your Use

Funnel Vision Systems provides users with the ability to link to their Data on third party sites such as Facebook, Twitter and LinkedIn. Such linking is at the complete discretion of users. Because of this, Funnel Vision Systems cannot be held responsible or liable for the linking of user’s Data to such third party sites, nor for how these third party sites use such links.

Marketing and Publicity

Per our Privacy and Conditions, you agree to permit Funnel Vision Systems to identify you as a customer and to use your name and/or logo in Funnel Vision Systems’s website and marketing materials.

Sale of Personal Information

Funnel Vision Systems does not sell, rent, or trade your private information to any third parties in any way.

Service Providers and Business Partners

Funnel Vision Systems may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Services (including, but not limited to, data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Services’ features). These third parties may have access to your information strictly for the purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.

Non-Private or Non-Personal Information

We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Services, in our discretion.

Our Use And Disclosure of Information

Funnel Vision Systems will not disclose any personally identifiable information about any individual except as set forth in this Privacy Policy. This applies to information about our customers and information our customers provide to us about their customers. We are not limited in any way in our use of non-personal information that does not permit direct association with any specific individual or non-identifiable aggregate information about our users (such as the number of customers who use our services, the geographic distribution of our users, the amount of information located and/or removed, etc.).

Internal Uses of Your Personally Identifiable Information

We collect, store and process your personally identifiable information on servers located in the United States. Due to the unpredictable nature of Internet routing, your information may pass through other countries while in transit to our servers. We use the information we collect about you in order to:

• Develop and deliver our services

• Process your transactions

• Provide customer service and manage your account

• Improve our products, services and marketing.

We provide access to personally identifiable information about our users only to those who require it for the above purposes.

Funnel Vision Systems will not sell or rent any of your personally identifiable information to third parties. Funnel Vision Systems will not share any of your personally identifiable information with third parties except in the limited circumstances described below.

We share information with service providers under contract who help with our business operations such as payment and order processing, fraud investigation, bill collection, and information management and analytics. If content generation is included in your services, we may share information with service providers under contract to create, edit and/or publish such content. These third parties are obligated to protect your information and are contractually prohibited from using your personally identifiable information for any other purpose. They are never permitted to share your information with any third parties. They are authorized to use your personal information only as necessary to provide these services to Funnel Vision Systems.

We disclose information that we, in good faith, believe is appropriate to cooperate in investigations of fraud or other illegal activity, to conduct investigations of violations of our Privacy of Use and/or to protect our right, protect your safety and the safety of others. For example, this means that if we conduct a fraud investigation and conclude that one side has engaged in deceptive practices, we reserve the right to provide that person or entity’s contact information (but not bank account or credit card information) to victims who request it.

We disclose information in response to a subpoena, warrant, court order, levy, attachment, order of a court-appointed receiver or other comparable legal process, including subpoenas from private parties in a civil action. If the subpoena seeks information about an identified subscriber or limited group of subscribers, we will make reasonable business efforts to contact the subscriber(s) before providing information to the party that requests it. We cannot guarantee that we will be able to do so in all cases, whether due to a time limit, court order, inability to effectively contact a subscriber, or other circumstances.

When a user signs up for a co-branded version of our service through links to Funnel Vision Systems.com from our co-branded partner’s website, Funnel Vision Systems will share with the co-branded partner that user’s name, e-mail address and physical address in order to provide enhanced integration between Funnel Vision Systems’s services and the services of our co-branded partner. If you do not want your information shared with Funnel Vision Systems’s co-branded partner, sign up for Funnel Vision Systems directly through Funnel Vision Systems.com and other sub-domains and not through a link from our partner’s website.

We disclose information to your agent or legal representative (such as the holder of a power of attorney that you grant, or a guardian appointed for you).

We share information with companies that provide public relations and marketing services for us. Such information will only be shared by us to customize, measure and improve our products, services and advertising. It will not be shared with third parties for their marketing purposes. These third parties are contractually obligated to protect your information and are prohibited from using your personally identifiable information for any other purpose.

As with any other business, it is possible that in the future, Funnel Vision Systems could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by Funnel Vision Systems, including customer account information, but would continue to be bound by this Privacy Policy until it is amended.

We share your information with our parent, subsidiaries and joint ventures to help coordinate the services we provide to you, enforce our terms and conditions, and promote trust and safety.

The implementation of our Services, by its very nature, may require using your personally identifiable information to locate other information about you. Such use may include, but not be limited to, using your information to search the publicly accessible Internet sites as well as searching private information databases and sites.

The implementation of our Services, by its very nature, may require revealing your personally identifiable information in order to effect removal of Internet content about you. For example, we may have to disclose your name to a website in order to notify them to remove Internet content about you. This occurs with your express permission for a specific, given purpose.

Internal Uses of Your Personally Identifiable Information

We will retain your information for as long as your account is active or as needed to provide you the Services. If you wish to cancel your account or request that we no longer use your information to provide you the Services, you may delete your account (this will be done by Funnel Vision Systems’s customer care team). If you delete your account, your Data will no longer be stored in our servers. While we try to delete your Data from our servers as quickly as possible, please be aware that there may be a delay from the time you delete your account to the time that your Data is removed, and that some of your Data may continue to exist for a period in backup copies.

Changes To Privacy Policy

If we decide to make material changes to our Privacy Policy, we will notify you by e-mail through the primary e-mail address specified in your account and/or post those changes to this Privacy Policy on the Website homepage prior to the changes taking effect. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you.

You are also responsible for regularly reviewing the Privacy Policy and related documents. We reserve the right to modify this Privacy Policy at any time. No amendment to or modification of this Policy will be binding unless in writing and signed by a duly authorized representative of Funnel Vision Systems, or posted to the Site by a duly authorized representative of Funnel Vision Systems.

In the event that Funnel Vision Systems goes through a business transition, such as a merger, an acquisition by another company, or a sale of a portion of its assets, users' personally identifiable information will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the site for 30 days after a change of ownership or control of their personally identifiable information. If, as a result of the business transition, a user’s personally identifiable information will be used in a manner different from that stated at the time of collection, users will be given a choice consistent with our notification of changes section.

Internal Uses of Your Personally Identifiable Information

If you reside in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, Iceland or Switzerland, you may have additional rights with respect to your personally identifiable information (otherwise known as Personal Data). These rights may include rights under the EU’s General Data Protection Regulation (“GDPR”), if you are a resident of the EU, United Kingdom, Lichtenstein, Norway or Iceland. “Personal Data” is any data that relates to an identified or identifiable natural person. Examples of Personal Data include identifiers such as name, location data, and unique online identifiers.

In addition to the principles, practices and policies set forth above in this Privacy Policy, Funnel Vision Systems has adopted the following principles to govern its collection and processing of Personal Data:

Personal Data shall be processed lawfully, fairly, and in a transparent manner.

The Personal Data collected will only be those specifically required to fulfill Funnel Vision Systems’s obligations to deliver the Funnel Vision Systems service.

Personal Data shall only be retained for as long as it is required to fulfill contractual requirements.

Personal Data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and/or processed. Personal Data shall be accurate and, where necessary, kept up to date.

The data subject has the right to request from Funnel Vision Systems access to and rectification or erasure of their Personal Data, to object to or request restriction of processing concerning the data, or to the right to data portability. In each case such a request must be put in writing to Funnel Vision Systems.

About the California Consumer Privacy Act (CCPA)

Effective on January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents to obtain certain information collected by the business with whom they have established business relationships.

If you are a California resident, you may exercise certain rights to access, restrict, or delete your personal information by submitting a request through this link.

Community

Our Services may include publicly accessible community services such as blogs, forums, and wikis. Please be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts on these communities may remain even after you cancel your account.

Terms and Conditions of Funnel Vision

These Terms govern

• the use of Funnel Vision, and,

• any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where Funnel Vision has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Funnel Vision is provided by:

Funnel Vision Systems.

Owner contact email: sam@funnelvision.io

" Funnel Vision " refers to

• this website, including its subdomains and any other website through which the Owner makes its Service available;

• applications for mobile, tablet and other smart device systems;

• the Application Program Interfaces (API);

• the Service;

• any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

What the User should know at a glance

• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

• Funnel Vision uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details and c) termination notice can be found in the relevant section of these Terms.

• Usage of Funnel Vision and the Service is age restricted: to access and use Funnel Vision and its Service the User must be an adult under applicable law.

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TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Funnel Vision.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using Funnel Vision, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;

• Users must be recognized as adult by applicable law;

• Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;

• Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Funnel Vision.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By using the tools provided for account termination on Funnel Vision.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on Funnel Vision

Unless where otherwise specified or clearly recognizable, all content available on Funnel Vision is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on Funnel Vision infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Funnel Vision - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Funnel Vision, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on Funnel Vision, the User may download, copy and/or share some content available through Funnel Vision for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

The Owner allows Users to upload, share or provide their own content to Funnel Vision.

By providing content to Funnel Vision, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on Funnel Vision they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Funnel Vision as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Funnel Vision.

Users acknowledge, accept and confirm that all content they provide through Funnel Vision is provided subject to the same general conditions set forth for content on Funnel Vision.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through Funnel Vision. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to Funnel Vision:

• if any complaint based on such content is received;

• if a notice of infringement of intellectual property rights is received;

• upon order of a public authority; or

• where the Owner is made aware that the content, while being accessible via Funnel Vision, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Funnel Vision.

Access to external resources

Through Funnel Vision Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

Funnel Vision and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of Funnel Vision and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Funnel Vision or the Service, terminating contracts, reporting any misconduct performed through Funnel Vision or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;

• infringe any third-party rights;

• considerably impair the Owner’s legitimate interests;

• offend the Owner or any third party.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to Funnel Vision are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Funnel Vision and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

API usage terms

Users may access their data relating to Funnel Vision via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses Funnel Vision, is bound by these Terms and, in addition, by the following specific terms:

• the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on Funnel Vision, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Funnel Vision.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of Funnel Vision and are subject to change without notice.

While Products on Funnel Vision are presented with the greatest accuracy technically possible, representation on Funnel Vision through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:

• By clicking on the checkout button, Users open the Stripe checkout section, wherein they will have to specify their contact details and a payment method of their choice.

• After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on Funnel Vision, hereby accepting these Terms and committing to pay the agreed-upon price.

Order submission

When the User submits an order, the following applies:

• The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

• In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

• Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on Funnel Vision are displayed:

• excluding any applicable fees, taxes and costs;

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Funnel Vision.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

• Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;

• A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;

• Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;

• A Coupon cannot be applied cumulatively;

• The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;

• The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;

• The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Funnel Vision.

All payments are independently processed through third-party services. Therefore, Funnel Vision does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Performance of services

The purchased service shall be performed or made available within the timeframe specified on Funnel Vision or as communicated before the order submission.

Contract duration

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.

Paid subscriptions begin on the day the payment is received by the Owner.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Refunds

Funnel Vision does not provide any refunds under any circumstance based on use of their system. If there is a technical error, or a requested refund, Funnel Vision reserves the discretion to make a decision on a case-by-case scenario.

If a Funnel Vision client disputes a transaction with Stripe Payment Processor, Funnel Vision reserves the right to terminate their account without warning.

Refunds

Funnel Vision does not provide any refunds under any circumstance based on use of their system. If there is a technical error, or a requested refund, Funnel Vision reserves the discretion to make a decision on a case-by-case scenario.

If a Funnel Vision client disputes a transaction with Stripe Payment Processor, Funnel Vision reserves the right to terminate their account without warning.

Fixed-term subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.

Once the subscription period expires, the Product shall no longer be accessible, unless the User renews the subscription by paying the relevant fee.

Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.

Automatic renewal

Subscriptions are automatically renewed through the payment method that the User chose during purchase, unless the User cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Funnel Vision.

The renewed subscription will last for a period equal to the original term.

The User shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.

Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside Funnel Vision.

Termination notice

If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed.

Terms and conditions applying to extra features

Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of Funnel Vision.

Unless otherwise specified, such extras are subject to the same terms applicable to the main Product, including all provisions of this document.

Liability and indemnification

Disclaimer of Warranties

Funnel Vision is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;

• any errors, mistakes, or inaccuracies of content;

• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;

• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;

• any interruption or cessation of transmission to or from the Service;

• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

• the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• User’s use of and access to the Service, including any data or content transmitted or received by User;

• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

• User’s violation of any statutory law, rule, or regulation;

• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

• User’s wilful misconduct; or

• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Funnel Vision and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Funnel Vision.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Funnel Vision are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Funnel Vision are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of Funnel Vision must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.

Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either Funnel Vision or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

• the User’s grant of licenses under these Terms shall survive indefinitely;

• the User’s indemnification obligations shall survive for a period of five years from the date of termination;

• the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Funnel Vision or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.

Definitions and legal references

Funnel Vision (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We)

Indicates the natural person(s) or legal entity that provides Funnel Vision and/or the Service to Users.

Product

A good or service available for purchase through Funnel Vision, such as e.g. physical goods, digital files, software, booking services etc.

The sale of Products may be part of the Service.

Service

The service provided by Funnel Vision as described in these Terms and on Funnel Vision.

Terms

All provisions applicable to the use of Funnel Vision and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using Funnel Vision.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Questions, Complaints and Contacts

If you have any questions regarding this Privacy Policy or Terms and Conditions of Service, please contact us at sam@funnelvision.io.