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Terms of Service

Last Updated: 2025-11-06

At any given time, the terms and conditions in force are https://www.funnelfeedr.com/legal/terms-of-service.

Please carefully read the terms and conditions set forth in this Funnelfeedr Service Agreement (“Agreement”) that governs your use of: (i) the Funnelfeedr Platform (as defined below and which includes any and all underlying software and technology); (ii) the Integration Software (as defined below), (iii) the websites owned or operated by Funnelfeedr, including the website located at Funnelfeedr.com (“Funnelfeedr Website”); and (iv) any other Funnelfeedr products or services (clauses (i)-(iii) collectively referred to as, the “Funnelfeedr Service”) offered by Funnelfeedr. You must accept this Agreement to create an account for the Funnelfeedr Service and if you do not have an account you accept this Agreement by using and accessing the Funnelfeedr Website as set forth below in Section 2.

PLEASE NOTE, THIS AGREEMENT ALSO CONTAINS AN AGREEMENT TO ARBITRATE IN SECTION 16 BELOW WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT HAVE AUTHORITY OR MEET THE ELIGIBILITY REQUIREMENTS AS SET FORTH IN SECTIONS 2.1 AND 2.2 BELOW, DO NOT CLICK “I ACCEPT,” DO NOT CREATE AN ACCOUNT, AND DO NOT USE THE FUNNELFEEDR SERVICE OR VISIT THE FUNNELFEEDR WEBSITE. IF YOU ARE A COMPETITOR OF FUNNELFEEDR YOU MAY NOT ACCESS OR USE THE FUNNELFEEDR SERVICE WITHOUT FUNNELFEEDR’S PRIOR WRITTEN CONSENT.

TERMS & CONDITIONS

Definitions

  • “Account” means a dedicated container within our platform that serves as the primary organizational unit for a customer. It ensures that all associated users, configurations, and data are logically and securely isolated from other accounts. Each account operates independently, maintaining strict separation of information to protect privacy and integrity.
  • “Anonymous Data ” means any and all aggregated non-personally identifiable data or information resulting from Customer’s or its Authorized Users’ use of the Funnelfeedr Software, Funnelfeedr Service or other services provided by Funnelfeedr.
  • “Authorized Users” means Customer Users and End Users.
  • “Billing Period” means the period for which you agree to prepay fees under a Purchase Order, which will be the same as or shorter than the Subscription Term.
  • “Credits” means the credits purchased by Customer pursuant to a Purchase Order in order to, among other things, generate leads and contact information.
  • “Credit Limit” means the limit of credits that can be used per time period, usually a month. Depending on the amount of information supplied by Funnelfeedr for each generated lead a certain amount of credits will be deducted from the monthly available credits.
  • “Customer Application” means the software application(s), website(s), or other interface(s) developed, owned or operated by, or for, Customer.
  • “Customer Data” means any and all, data or information or Customer Content (including personally identifiable information) of Customer and its Authorized Users and Leads provided by Customer or its Authorized Users in connection with the Funnelfeedr Service or any services provided hereunder.
  • “Customer Relationship Management System (CRM)” means the system connected to Funnelfeedr to extract existing Customer Data from and to push Leads into.
  • “Customer Users” means employees or contractors of Customer who are authorized to use the Funnelfeedr Service, solely for Customer’s internal business purposes, and otherwise in compliance with this Agreement.
  • “Documentation” means the operating instructions, user manuals, product specifications, “read-me” files, and other documentation that Funnelfeedr makes available to Customer in hard copy or electronic form for the Funnelfeedr Software or Funnelfeedr Service, and any modified, updated, or enhanced versions of such documentation.
  • “End Users” means Customer’s end user Contacts who are authorized to access and use the Funnelfeedr Service, subject to this Agreement.
  • “Feedback” means any and all suggestions and feedback provided to Funnelfeedr by Customer or Authorized Users regarding the functioning, features, and other characteristics of the Funnelfeedr Service, Funnelfeedr Software, Documentation, or other materials or services provided or made available by Funnelfeedr hereunder.
  • “Funnelfeedr Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Professional Services, including Analytic Data.
  • “Funnelfeedr Platform” means the proprietary online platform comprised of the Server Software, made available by Funnelfeedr on a remote online basis.
  • “Funnelfeedr Software” means the Server Software and Integration Software.
  • “Funnelfeedr Website” means Funnelfeedr’s website located at Funnelfeedr.com or any other website designated in writing by Funnelfeedr.
  • “Integration Software” means any and all Funnelfeedr proprietary software, whether in object code or source code form, including application programming interfaces, and any and all modified, updated, or enhanced versions of such integration software provided or made available to Customer under this Agreement for integrating the Funnelfeedr Service into any Customer Application.
  • “Intellectual Property Rights” means patents and patent applications, inventions (whether or not patentable), trademarks, service marks, trade dress, copyrights, trade secrets, know-how, data rights, specifications, mask-work rights, moral rights, author’s rights, and other intellectual property rights, as may exist now or hereafter come into existence, and all derivatives, renewals and extensions thereof, regardless of whether any of such rights arise under the laws of the United States or of any other state, country or jurisdiction.
  • “Lead” means a single organization, or individual whose Contact Information is collected by, or on behalf of, you or your Authorized Users in the Funnelfeedr Service.
  • “Market” means a defined geographical area that determines the scope of company listings available in the platform, ensuring that searches are limited to businesses operating or registered in that specific region.
  • “Personal Data” means information that can be used on its own or with other information to identify, contact, or locate an individual.
  • “Price List” means the price listing for the Subscription Service, and any other products or services made available by Funnelfeedr.
  • “Purchase Order” means a written or electronic purchase order from Customer for the purchase of the Subscription Service to access and use the Funnelfeedr Service, to purchase Credits, or to place an order for other services provided by Funnelfeedr.
  • “Seat” means a license for one Customer User used to either sign in to the Funnelfeedr platform or to distribute leads to their account in the CRM.
  • “Seat Limit” means the limit of Seats available. If more Customer Users are needed extra Seats may by purchased for the Subscription Service pursuant to a Purchase Order.
  • “Server Software” means the proprietary Funnelfeedr server software programs that are made available by Funnelfeedr on a remote online basis and any and all modified, updated, or enhanced versions of such programs that Funnelfeedr may make available (on a remote basis) to Customer under this Agreement.
  • “Subscription Fee” means the amount you pay for the Subscription Service.
  • “Subscription Service” means our web-based tools and platform that you have subscribed to by a Purchase Order or that we otherwise make available to you, and developed, operated, and maintained by us, accessible through the Funnelfeedr Website or another designated URL, and any ancillary products and services, including website hosting, that we provide to you.
  • “Subscription Term” means the Initial Subscription Term and all Renewal Terms.
  • “You” , “your” or “Customer” means the person or entity using the Subscription Service or receiving the Professional Services and identified in the applicable billing statement, online subscription process, Purchase Order or Statement of Work as the customer.

Acceptance of Terms and Eligibility

  • Acceptance of Terms . This Agreement sets forth the legally binding terms and conditions for your use of the Funnelfeedr Service. By using or accessing the Funnelfeedr Service in any manner, including, but not limited to, visiting or browsing the Funnelfeedr Website, you: (i) acknowledge that you have read, understand, and agree to be bound by this Agreement, including Funnelfeedr’s privacy policy located at funnelfeedr.com/legal/privacy-policy (the “Privacy Policy”), and Funnelfeedr’s acceptable use policy located at funnelfeedr.com/legal/acceptable-use-policy (the “AUP”); (ii) represent that you have the authority to enter into this Agreement (including the Privacy Policy, the AUP and all of the terms and conditions specified or referenced below), on behalf of the entity or person in respect of whom the Funnelfeedr Service was ordered as named on the Purchase Order submitted to Funnelfeedr; (iii) represent that you are eligible to enter into this Agreement pursuant to the eligibility requirements set forth below in Section 2.2; and (iv) agree that you are entering into this Agreement (including all of the terms and conditions specified or referenced below, including the Privacy Policy and the AUP) with Funnelfeedr AB, a company organized under the laws of Sweden. In addition, when using particular services or materials through or in connection with the Funnelfeedr Service, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions or other operating rules, policies and procedures in addition to those in the terms (“Additional Terms”). All such Additional Terms are hereby incorporated by reference into this Agreement.
  • Eligibility . You may use the Funnelfeedr Service if you are over eighteen (18) years of age and are not barred from receiving services under applicable law. By accessing or using the Funnelfeedr Service you affirm that you are over the age of eighteen (18) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If for any reason, we, in our sole discretion, believe you do not meet the eligibility requirements set forth above, we reserve the right, without provision of any notice to you to terminate your account and this Agreement. If you do not meet the eligibility requirements as set forth in this Section, we have no obligations to you under this Agreement.

Access and Use of the Funnelfeedr Service

  • Creating an Account . In order to access and use the Funnelfeedr Service you must create and register a user account. In registering a user account for the Funnelfeedr Service, you agree to provide and maintain up to date information that is true, accurate, current and complete. You agree that you will not (a) create a user account using a false identity or information, (b) create a user account or use the Funnelfeedr Service if you have been previously removed or banned by us from use of the Funnelfeedr Service. You understand and agree that you are solely responsible for maintaining the confidentiality of and protecting your password to your user account. You are solely responsible for any activity originating from your user account, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your user account.
  • Access to the Funnelfeedr Service . Subject to the terms and conditions of this Agreement, Funnelfeedr hereby grants to Customer a non-exclusive, non-transferable, limited license, solely during the Subscription Term, to (i) access and use, and permit Customer Users to access and use, the Funnelfeedr Service, over the Internet, solely for Customer’s own internal business purposes; and (ii) reproduce and use a reasonable number of copies of the applicable Documentation in support of the exercise of the licenses granted in this Section.
  • Restrictions . Customer acknowledges that the Funnelfeedr Software and Documentation embodies, contains, and constitutes valuable trade secrets of Funnelfeedr. Customer agrees that it will not, and it will not permit any Authorized User or third party to: (i) modify, adapt, translate or create derivative works based on the Funnelfeedr Software or Documentation; or (ii) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Funnelfeedr Software, except as expressly permitted by applicable law; or (iii) distribute, license, sublicense, assign, transfer or otherwise make available to any third party any Funnelfeedr Software or Documentation, except to the extent expressly permitted in Section 3.2. Funnelfeedr reserves all rights and licenses not expressly granted to Customer in Section 3.2 and no implied license is granted by Funnelfeedr. Customer agrees not to remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of Funnelfeedr or its suppliers on or within the Funnelfeedr Service, Funnelfeedr Software or Documentation. Customer acknowledges and agrees that any non-compliance by any Authorized User with any of the requirements above will be deemed a breach by Customer of this Agreement.
  • Authorized Users . Customer agrees that it shall not permit any person other than Authorized Users to access and use the Funnelfeedr Service. With respect to each Authorized User, Client shall ensure that: (a) such Authorized User uses the Funnelfeedr Service solely in accordance with this Agreement and the applicable usage permissions, and (b) such Authorized User complies with Funnelfeedr’s then-current AUP. Customer acknowledges and agrees that any non-compliance by any Authorized User with any of the requirements above will be deemed a breach by Customer of this Agreement.

Subscription Services; SMS Services; Professional Services; Training; Support; Payment Terms

Subscription Services & Fees

  • Subscription Services . During the Subscription Term, Funnelfeedr will provide you access to the Subscription Service set forth in the Purchase Order. The initial subscription term shall begin on the effective date of the Subscription Service purchased by you pursuant to a Purchase Order (“Initial Term”); thereafter, the Subscription Term shall automatically renew for successive periods equal to the Initial Subscription Term (“Renewal Term”), unless you provide us with written notice of non-renewal or termination prior to the expiration of your then-current Subscription Term.
  • Subscription Fees . Unless otherwise set forth on a Purchase Order, the Subscription Fee will remain fixed during the Subscription Term unless you (i) exceed your Lead Limit, Seat Limit, Authorized Users or other applicable limits, (ii) upgrade your subscription, or (iii) subscribe to additional features or products. In the event a price change applies to you, you will be charged at the start of the next Billing Period in the Subscription Term in accordance with the appropriate price structure. Subscriptions shall renew at Funnelfeedr’s then-current pricing for your then-existing subscription

Professional Services

Subject to the terms and conditions of this Agreement (including the payment of applicable fees), Funnelfeedr will provide Customer integration, consulting and other professional services with respect to the Funnelfeedr Service specified in a Purchase Order (collectively, the “Professional Services” which, for the avoidance of doubt, excludes Support). The scope, timeline and tasks of the parties with respect to the Professional Services shall be as specified in the Purchase Order. Unless the fees for Professional Services specified in any Purchase Order are set forth in that Purchase Order, the fees payable to Funnelfeedr for Professional Services shall be based on Funnelfeedr’s then-current rates for such Professional Services.

Support Services

Subject to the terms and conditions of this Agreement (including the payment of applicable fees), Funnelfeedr will provide Customer technical support for the Funnelfeedr Service purchased by Customer in accordance with Funnelfeedr’s then-current terms and conditions for such support (“Support”). Funnelfeedr will make available to Customer updates and upgrades for the Funnelfeedr Software on such terms as Funnelfeedr generally makes available such updates and upgrades to its other customers.

Payment Terms

All fees are non-refundable and non-returnable. Customer shall pay to Funnelfeedr the fees specified in the Purchase Order, in accordance with the payment terms specified therein. Funnelfeedr may increase the amount of fees and rates payable by Customer upon written notice to Customer, provided that any such increase shall not be more than once in any twelve (12) month period. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable during the Subscription Term. The fees are exclusive of all applicable sales, use, value-added and other taxes, or other similar charges, and Customer will be responsible for payment of all such taxes (other than taxes based on Funnelfeedr’s income), and any related penalties and interest, arising from the payment of the fees, the delivery of the Funnelfeedr Software, or performance of any services by Funnelfeedr.

Exclusions

Notwithstanding anything in this Agreement to the contrary, Funnelfeedr will have no responsibility or liability of any kind under this Agreement, arising or resulting from: (i) problems caused by failed Internet connections or other hardware, software or equipment which is not owned, controlled or operated by Funnelfeedr; (ii) nonconformities resulting from Customer’s, its Authorized Users’, or any third party’s misuse, abuse, negligence, or improper or unauthorized use of all or any part of the Funnelfeedr Software, Funnelfeedr Service, or other services provided hereunder by Funnelfeedr; (iii) modification, amendment, revision, or change to the Funnelfeedr Software by any person other than Funnelfeedr; or (iv) any other factor outside of Funnelfeedr’s reasonable control.

Customer Obligations

Customer Data

Customer grants to Funnelfeedr, during the Subscription Term, a non-exclusive, royalty-free, fully-paid, worldwide license, under all of Customer’s intellectual property and proprietary rights, to any and all Customer Data reasonably necessary for Funnelfeedr to provide Customer the Funnelfeedr Service and other services hereunder. Customer agrees that Customer will be solely responsible for Customer’s use, and its Authorized Users’ use, of Customer’s account. Funnelfeedr will use reasonable measures to protect personally identifiable information of Customer and its Authorized Users. Customer represents and warrants that it has all the rights necessary to grant the licenses granted herein to Funnelfeedr in and to such Customer Data.

Personal Data

For purposes of all applicable laws and regulations relating to data privacy, trans-border data flows and data protection, the parties acknowledge and agree that Customer will be the controller of any Personal Data collected by the Funnelfeedr Service pursuant to this Agreement. Customer will have the rights to determine the purposes for which the Personal Data is processed, so long as it is not inconsistent with Funnelfeedr’s service obligations hereunder and the functionality of the Funnelfeedr Software licensed hereunder by Customer. Customer grants to Funnelfeedr a non-exclusive, royalty-free, fully-paid, and worldwide license to use Personal Data as reasonably necessary for Funnelfeedr to provide Customer the services hereunder and the functionality of the Funnelfeedr Software licensed by Customer. Customer represents and warrants that it has all the rights necessary to grant the licenses granted in this Section. Customer agrees that Funnelfeedr’s obligation to maintain any Personal Data obtained in the course of providing the services shall not extend beyond the Subscription Term. Funnelfeedr will use Personal Data in accordance with this Agreement and the Privacy Policy located at funnelfeedr.com/legal/privacy-policy .

Indemnification

Customer will defend at its own expense any claim or action against Funnelfeedr or its officers, directors, employees or contractors (each an “Funnelfeedr Indemnified Party”) brought by a third party, and will indemnify and hold harmless each Funnelfeedr Indemnified Party from and against all costs (including reasonable attorneys’ fees) and damages incurred by such Funnelfeedr Indemnified Party in any such claim or action, to the extent that the action is based on: (i) allegations that any Customer Application, any product or service sold or distributed by Customer, any Customer Content, or any Customer activity violates any applicable law (including the CAN-SPAM Act and federal and state contests and sweepstakes rules) or any rights (including Intellectual Property Rights) of any third party; (b) use of the Funnelfeedr Service in such a manner that produces a recommendation that the Funnelfeedr Software would not otherwise produce (for example, overrides Funnelfeedr’s internal recommendation algorithms for usage parameters or limitations) or bypasses or breaches any security device or protection used by the Funnelfeedr Service; (c) Contact claims; or (d) your breach of any warranties made by you hereunder or your violation of any other provision of this Agreement, the AUP, or any Additional Terms. The foregoing obligations are conditioned on Funnelfeedr notifying Customer promptly in writing of such action, giving Customer sole control of the defense thereof and any related settlement negotiations, and at Customer’s reasonable request and expense, cooperating and assisting in such defense. Under no circumstances shall Customer enter into any settlement that involves an admission of liability, negligence or other culpability of Funnelfeedr or any Funnelfeedr Indemnified Party or requires Funnelfeedr or any Funnelfeedr Indemnified Party to contribute to the settlement without Funnelfeedr’s prior written consent.

Ownership

Funnelfeedr and its suppliers retain all right, title and interest in and to all Intellectual Property Rights in the Funnelfeedr Software, Documentation, and all other materials provided or made available to Customer in connection with the services provided by Funnelfeedr, and any and all modifications, updates, and enhancements to the foregoing items. Customer hereby licenses Feedback and Anonymous Data to Funnelfeedr on a worldwide, perpetual, irrevocable, non-exclusive, freely-transferable, fully paid, and royalty-free basis, for Funnelfeedr to use and exploit in any manner and for any purpose. Customer shall retain the right, title and interest, including all Intellectual Property Rights, in and to Customer Content and Customer Data, subject to the license to Anonymous Data granted to Funnelfeedr.

Publicity

Funnelfeedr may refer generally to the existence of this Agreement and use the Customer’s name in press releases, on web sites, and other promotional material, but will not reveal any non-public and proprietary information designated “confidential” in writing by Customer.

Termination

Termination

You may cancel or terminate your Subscription Service at any time by cancelling your account from within the Funnelfeedr Platform or by sending an email to support@funnelfeedr.com. We reserve the right to deactivate your Subscription Service, or suspend your access to the Subscription Service, or terminate this Agreement, at our sole discretion, at any time and without notice or liability to you, if you violate this Agreement, the Privacy Policy, the AUP, or any Additional Terms. Upon any such termination, we may delete your data and any other information related to your account.

Termination for Cause

Either party may terminate this Agreement for material breach by the other party that remains uncured thirty (30) days after delivery of written notice to the breaching party describing such breach in reasonable detail. The foregoing rights of termination are in addition to any other rights and remedies provided in this Agreement or under applicable law.

Termination for Insolvency

This Agreement may be terminated by either party effective immediately upon written notice to the other party, if the other party takes any corporate action to dissolve, liquidate or wind-up its business, makes a general assignment for the benefit of its creditors, or proceedings or any case are commenced in any court of competent jurisdiction by or against such party seeking: (i) such party’s reorganization, liquidation, dissolution, arrangement or winding-up, or the composition or readjustment of its debts, (ii) the appointment of a receiver or trustee for or over such party’s property, or (iii) similar relief in respect of such party under any law relating to bankruptcy, insolvency, reorganization, winding-up or composition or adjustment of debt, and such proceedings or case will continue undismissed, or an order with respect to the foregoing will be entered and continue unstayed, for a period of more than thirty (30) days.

Effects of Termination

Upon expiration or termination of this Agreement (or any specific Subscription Service) for any reason, Customer shall cease (and require all Authorized Users to cease) using, and destroy, any and all information or materials supplied by Funnelfeedr, including any related Funnelfeedr Software and Documentation provided by Funnelfeedr, and all copies thereof in Customer’s possession or control. Upon expiration or termination of this Agreement for any reason, all fees due Funnelfeedr under all Purchase Orders, shall be immediately due and payable, provided that if Customer terminates this Agreement pursuant to Section 9.2, Funnelfeedr will refund to Customer any fees paid in advance by Customer for any unused portion of the Subscription Term for which such payment was made. If Customer terminates this Agreement (or any specific Subscription Service) for any reason other than in accordance with Sections 9.2 or 9.3, the fees for Customer’s then-current Subscription Term shall be immediately due and payable. The following Sections will survive expiration or termination of this Agreement: 1, 3.3, 3.4, 4.1(ii), 4.4, 5, 6.3, 7, 8, 9.4, 10, 11, 12, 13, 14, 15, 16, 17 and 18.

Confidentiality

“Confidential Information” means, with respect to (i) Funnelfeedr, the Funnelfeedr Software, the Documentation, the Feedback, and non-public technical, marketing, or financial information furnished by Funnelfeedr to Client that Funnelfeedr has marked “confidential” or with a similar legend, and (ii) Customer, the Customer Data. The receiving party agrees that it will not use or disclose to any third party any Confidential Information of the disclosing party, except as expressly permitted under this Agreement. The receiving party will limit access to the Confidential Information of the disclosing party to those of its employees and contractors, who have a need to know, who have confidentiality obligations no less restrictive than those set forth herein, and who have been informed of the confidential nature of such information. The receiving party will protect the Confidential Information of the disclosing party from unauthorized use, access, or disclosure in the same manner that it protects its own proprietary information of a similar nature, and in no event with less than reasonable care. The confidentiality obligations set forth herein will not apply to any information that the receiving party can prove that the information (a) has become generally available to the public through no fault of the receiving party; (b) is lawfully provided to the receiving party by a third party free of any confidentiality duties or obligations; (c) was already known to the receiving party at the time of disclosure; or (d) was independently developed by employees or contractors of the receiving party who had no access to the Confidential Information of the disclosing party. In addition, the receiving party may disclose Confidential Information of the disclosing party to the extent that such disclosure is necessary for the receiving party to enforce its rights under this Agreement or is required by law or by the order of a court or similar judicial or administrative body, provided that the receiving party promptly notifies the disclosing party in writing of such required disclosure and cooperates with the disclosing party to seek an appropriate protective order. Upon any termination or expiration of this Agreement, each party will destroy or return to the other all Confidential Information of the other party in its possession or control (except for copies retained on back-up tapes or solely for archival purposes) and upon the disclosing party’s request will certify in writing that it has fully complied with this obligation.

Disclaimer

FUNNELFEEDR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO THIS AGREEMENT OR THE FUNNELFEEDR SERVICE, FUNNELFEEDR SOFTWARE, OR ANY OTHER SERVICES PROVIDED BY FUNNELFEEDR, THE DOCUMENTATION OR ANY OTHER MATERIALS PROVIDED BY FUNNELFEEDR, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FUNNELFEEDR DOES NOT WARRANT THAT THE FUNNELFEEDR SOFTWARE OR FUNNELFEEDR SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE RESULTS OF THEIR USE WILL BE CORRECT, ACCURATE, OR RELIABLE. CUSTOMER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES AND THAT NO WARRANTIES ARE MADE BY ANY OF FUNNELFEEDR’S SUPPLIERS.

Limitation of Liability

IN NO EVENT SHALL FUNNELFEEDR BE LIABLE, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF OR DAMAGE TO DATA, COST OF COVER, LOSS OF ANTICIPATED REVENUE OR PROFITS, WORK STOPPAGE OR IMPAIRMENT OF OTHER ASSETS, ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR FUNNELFEEDR’S PERFORMANCE HEREUNDER OR THE USE, MISUSE, OR INABILITY TO USE, IN WHOLE OR IN PART, THE FUNNELFEEDR SOFTWARE, FUNNELFEEDR SERVICE, DOCUMENTATION OR OTHER MATERIALS OR SERVICES PROVIDED BY FUNNELFEEDR, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT FUNNELFEEDR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FUNNELFEEDR’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT AND THE FUNNELFEEDR SOFTWARE, FUNNELFEEDR SERVICE, DOCUMENTATION AND OTHER MATERIALS OR SERVICES PROVIDED BY FUNNELFEEDR, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EXCEED THE TOTAL FEES ACTUALLY PAID TO FUNNELFEEDR BY CUSTOMER UNDER THE PURCHASE ORDER CORRESPONDING TO THE FUNNELFEEDR SOFTWARE IN RESPECT OF WHICH THE LIABILITY AROSE AND LIMITED TO THE AMOUNT OF SUCH FEE CORRESPONDING TO THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE FIRST CLAIM GIVING RISE TO SUCH LIABILITY AROSE. CUSTOMER AGREES THAT FUNNELFEEDR’S SUPPLIERS AND AFFILIATES WILL HAVE NO LIABILITY OF ANY KIND UNDER OR AS A RESULT OF THIS AGREEMENT. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY EXCLUSIVE REMEDIES SET FORTH IN THIS AGREEMENT.

Application of Limitations and Disclaimers to Consumers

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in Sections 11 and 12 above may not apply to Customer if Customer is a consumer. The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in this Agreement shall apply to consumer Customers only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where such Customer is located.

Basis of Bargain

The warranty disclaimer and limitation of liability set forth above in Section 11 and 12 are fundamental elements of the basis of the agreement between Funnelfeedr and Customer. Funnelfeedr would not be able to provide the Funnelfeedr Service on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Funnelfeedr’s suppliers.

Availability of the Services

Information describing the Funnelfeedr Service is accessible worldwide but this does not mean the Funnelfeedr Service or Funnelfeedr Software or certain portions thereof are available in Customer’s country. Funnelfeedr may restrict access to the Funnelfeedr Service or the Funnelfeedr Software or portions thereof in certain countries. It is Customer’s responsibility to make sure its use of the Funnelfeedr Service or Funnelfeedr Software is legal in Customer’s country of residence. The Funnelfeedr Service may not be available in all languages. If at Funnelfeedr’s reasonable determination, Customer uses the Funnelfeedr Service, Funnelfeedr Software, Documentation or any other material or services provided by Funnelfeedr under this Agreement in a manner that violates laws, creates an excessive burden or potential adverse impact on Funnelfeedr systems, in addition to any of its other rights or remedies, Funnelfeedr may, without liability to Funnelfeedr, immediately suspend or terminate Customer’s access to the Funnelfeedr Service.

Governing Law; Arbitration

Governing Law

This Agreement will be governed by the laws of Sweden without giving effect to any conflict of laws principles.

Disputes

Except as otherwise set forth in this Agreement, you agree that any dispute between you and Funnelfeedr arising out of or relating to this Agreement, the Funnelfeedr Service, or any other Funnelfeedr products or services (collectively, “Disputes”) shall be governed by the provisions set forth in this Section 16.

Informal Resolution

Before resorting to formal dispute resolution in accordance with this Section, you agree to first contact us directly at support@funnelfeedr.com to seek an informal resolution to any Dispute. In the event a Dispute is not resolved within thirty (30) days after submission, you or Funnelfeedr may institute arbitration in accordance with the procedures set forth in this Section.

Dispute Resolution

Any and all Disputes that cannot be resolved through informal resolution in accordance with Section 16.3 above shall be resolved exclusively through final, binding and confidential arbitration and shall take place in the Stockholm, Sweden unless otherwise mutually agreed to by the parties. The arbitration shall be conducted in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) as such rules are then prevailing, provided that the arbitrator and the parties shall comply with the following: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator shall be binding, final, and confidential, and may be entered in any court of competent jurisdiction.

Opting-Out of Arbitration

You may opt-out of the agreement to arbitrate by providing Funnelfeedr written notice within thirty (30) days of first accepting this Agreement. Your notice must include: (i) your full name (first and last); (ii) the email address you used to register your account; and (iii) a clear statement that you decline this agreement to arbitrate.

Exception to Arbitration

Notwithstanding anything in this Agreement to the contrary to the extent you have in any manner violated or threatened to violate any of Funnelfeedr’s intellectual property rights, Funnelfeedr may seek injunctive or other appropriate relief in any state or federal court with competent jurisdiction in any country, including in Stockholm, Sweden, without first engaging in arbitration or the informal dispute process set forth in this Section, and you hereby consent to the personal jurisdiction and exclusive venue in such courts.

No Class Actions

You may only resolve Disputes with Funnelfeedr on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under This Agreement.

Venue and Waiver of Jury Trial

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Funnelfeedr agree that any judicial proceeding will be brought in the federal or state courts of Stockholm, Sweden. Both you and Funnelfeedr consent to venue and personal jurisdiction there. YOU AND FUNNELFEEDR both agree to waive ANY right EITHER PARTY MAY HAVE TO a jury trial.

Time Limitation to Bring Claims

Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Funnelfeedr products or Funnelfeedr Service must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.

Miscellaneous

Neither the rights nor the obligations arising under this Agreement are assignable by Customer, and any such attempted assignment or transfer shall be void and without effect. Any waiver, amendment or modification of any provision of this Agreement must be in writing and executed by both parties. The failure of either party to exercise any right provided for by this Agreement shall not be deemed a waiver of that right. Each party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such party’s obligations have been duly authorized and that this Agreement is a valid and legal agreement binding on the party and enforceable according to its terms. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from this Agreement and shall not affect the legality, enforceability or validity of the remainder of this Agreement. The parties acknowledge and agree that they are dealing with each other as independent contractors and nothing in this Agreement and its performance shall be construed as creating a joint venture or agency between Funnelfeedr and Customer. Funnelfeedr may delegate the performance of any services hereunder to its affiliates and contractors. This Agreement, the Privacy Policy, the AUP, and the Additional Terms constitute the entire agreement between the parties regarding the subject matter, and supersedes all prior oral or written agreements or communications with regard to the subject matter described. Any notice to Customer may be provided by email. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” Any delay in performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, telecommunications or Internet failure, or any other event beyond the reasonable control of such party.

Changes to this Agreement and the Funnelfeedr Service

Funnelfeedr reserves the right to change the terms and conditions of this Agreement in its sole discretion from time to time. All such changes will be effective when posted on the Funnelfeedr Website or emailed to Customer at the e-mail designated in Customer’s user account. Customer agrees to review the Funnelfeedr Website periodically for changes. Funnelfeedr reserves the right to change or discontinue the Funnelfeedr Service or Funnelfeedr Software, in whole or in part, including without limitation, the Internet based services, pricing, technical support options, and other product-related policies. Customer’s continued use of the Funnelfeedr Service and/or Funnelfeedr Software after such changes are made to this Agreement and are provided on the Funnelfeedr Websites or emailed to Customer will indicate Customer’s acceptance to such changes.

Questions or Additional Information

If Customer has questions regarding this Agreement, please send an e-mail to support@funnelfeedr.com.