You may be referred to as Licensee. The terms ‘You’ or ‘Licensee’ includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
We may be referred to as Licensor. The terms ‘Us,’ ‘We,’ or ‘Licensor’ includes our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.
You must be at least 18 years old to access this website or to purchase products or services from us.
We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.
ALL CONTENT IS PROVIDED “AS IS” AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement.
SOME STATES IN THE UNITED STATES OF AMERICA DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services. Any earnings, revenue, or income statements are strictly estimates. There is no guarantee that you will make these levels for yourself. As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Each person’s results will vary.
There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly.
The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure.
You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part of it, or share your rights under this Agreement, to others.
You will not give others access to your username and password.
You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic
You will not provide false or misleading information to us.
DMCA and Legal Requests
From time to time DMCA requests may be served to infrastructure providers that ultimately trickle down to end users who operate a server.
In the case of Managed FunnelFlux, a rights holder may send a DMCA request to Cloudflare, that is then forwarded to the server provider (DigitalOcean), who will then forward details to us as the account holders for the servers in question.
When receiving these we will first check if the request is valid as we don't allow users to access Managed FF servers or host content there, thus the request may be non-sensical. However if there is a chance it stems from a user's tracking links or Fluxified content, we will forward the details to the user and request removal.
In such matters it is best to just comply and move on.
On the other hand, if FunnelFlux FZCO receives legal requests from a qualified legal solicitor that we believe to be of substance, we will comply in matters of identity confirmation. For example, if a person contacts us to ask who the account holder for a FunnelFlux tracker operating on domain.com is, we will reject this request to protect the privacy of our users.
However if an attorney sends a formal request for information or subpoena asking for confirmation of account holder information, where that account holder is in gross breach of the intellectual property, trademark or other rights of a client represented by that attorney and is carrying out illegal activities, we will provide the required information as per the legal request.
In short, if a customer is operating illegally they are in breach of this Agreement and Prohibited Use clause, rights to protection of personal information are void.
Consent to Use Information
When you communicate with us, send us information, or provide content to us or our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
3-Day Money Back Warranty
Our goal at FunnelFlux FZCO is to make sure you are completely satisfied with the products you buy from us. If, for any reason, you are not satisfied with your purchase, we will refund it.
To apply for a refund just send your request to our support desk (here) within the first 3 days of your purchase.
Note that refunds may be given for full or discounted license purchases, but we will not refund $1 trial purchases.
In the case of Managed FunnelFlux we have significant infrastructure costs regardless of your level of use of the product. As such, we will not refund subscription costs based on the premise that the product was not used, but may exercise a pro-rated refund on a case-by-case basis.
Data processing, privacy and your data rights
FunnelFlux - FZCO fully supports your individual rights to privacy and security of all data you submit to us as a customer and otherwise.
In accordance with the General Data Protection Regulation (GDPR) and European Commission Decision 2010/87/EU – Standard Contractual Clauses (Processors), here we provide access to our data protection and processing documentation and information on your rights under GDPR.
Data Processing Addendum – you may view our Data Processing Addendum (DPA) to these standard Terms & Conditions here.
This DPA is self-signed by FunnelFlux - FZCO and you may complete it by signing to provide a record of our data protection agreement with you.
Data Processing Goals – you may view our data processing goals here.
Nominated EU Representative – in accordance with Article 27 and The Company being domiciled outside EU member states, we nominate an EU-based representative. That representative is Mr Lorenzo Green, Netherlands, who may be contacted at [email protected].
Records of Processing Activities – the GDPR requires all organisations to document their data processing activities, including the lawful basis for processing such data. Records of these processing activities will be provided at request for regulatory authorities and when requested by customers, staff and vendors.
Subject Access Requests - The GDPR provides the following rights for EU individuals:
- the right to be informed;
- the right of access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to data portability;
- the right to object; and
- the right not to be subject to automated decision-making including profiling.
We allow you to submit data requests to exercise any of these rights via this form.
FunnelFlux - FZCO fully supports the rights to privacy and transparency of data usage mandated in the GDPR and if you have any questions at any time about your data or rights, you can reach out to us at [email protected].
This Agreement in all respects shall be governed by and construed according to the laws of the Emirate of Dubai, United Arab Emirates (U.A.E.) to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into in the Dubai Emirate, U.A.E. You consent to the exclusive jurisdiction of Dubai, U.A.E. for any dispute arising from or related to this Agreement.
You consent to and agree that the exclusive forum and venue for any dispute arising from or related to this Agreement will be a court located in the Emirate of Dubai, U.A.E.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.
You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
In addition to any other rights or remedies afforded FunnelFlux FZCO under or otherwise in connection with this Agreement, You agree and acknowledge that You have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement:
Date of this Agreement: March 1, 2015
- 2018/05/24 - made GDPR-related changes
- 2016/12/16 - fixed "affiliate agreement" link