FunnelFizz Terms of Service

Effective Date: April 13, 2026 Website: funnelfizz.com

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between FunnelFizz, Inc. ("FunnelFizz," "we," "us," or "our"), a company incorporated in the State of Montana, and you ("Customer," "you," or "your") governing your access to and use of the software-as-a-service platform and related services available at funnelfizz.com (collectively, the "Service").

By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you represent that:

You have read, understood, and agree to be bound by these Terms
You have the legal authority to enter into this agreement on behalf of yourself or the organization you represent
You are at least 18 years of age

If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

"Account" means the account you create to access and use the Service.
"Customer Data" means all data, content, and information submitted by you or your Authorized Users to the Service.
"Authorized Users" means your employees, contractors, or agents who are permitted to access the Service under your Account.
"Documentation" means the technical and user documentation provided by FunnelFizz at funnelfizz.com or otherwise made available to you.
"Order Form" means a written or electronic order form, statement of work, or subscription confirmation executed by both parties that specifies the subscription plan, fees, and other terms.
"Subscription Plan" means the service tier you select, as described on our pricing page at funnelfizz.com/pricing.
"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights.
"Third-Party Services" means third-party software, applications, or services that interoperate with the Service.

3. The Service

3.1 Provision of Service

Subject to your compliance with these Terms and timely payment of all applicable fees, FunnelFizz grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Subscription Term solely for your internal business purposes.

3.2 Subscription Plans

The Service is offered under various Subscription Plans with different features, usage limits, and pricing. Details of each plan are available at funnelfizz.com/pricing. Your rights and access are determined by the Subscription Plan you have selected.

3.3 Modifications to the Service

FunnelFizz reserves the right to modify, update, or discontinue features of the Service at any time. We will provide at least 30 days' advance notice of any material changes that reduce core functionality. Your continued use of the Service after such notice constitutes acceptance of the changes.

3.4 Availability and Uptime

FunnelFizz will use commercially reasonable efforts to make the Service available 99.9% of the time in any given calendar month, excluding scheduled maintenance windows and circumstances beyond our reasonable control. Scheduled maintenance will be announced at least 48 hours in advance. For paid plans, service level details and any applicable credits are set forth in our Service Level Agreement at funnelfizz.com/sla.

3.5 Support

FunnelFizz will provide technical support in accordance with the support tier associated with your Subscription Plan. Support documentation is available at funnelfizz.com/support.

4. Accounts and Access

4.1 Account Registration

To use the Service, you must register for an Account and provide accurate, current, and complete information. You agree to keep your account information up to date and to promptly notify us of any changes.

4.2 Account Security

You are responsible for:

Maintaining the confidentiality of your login credentials
All activity that occurs under your Account
Promptly notifying FunnelFizz at [email protected] of any unauthorized use of your Account or any other security breach

FunnelFizz will not be liable for any loss or damage arising from your failure to maintain the security of your Account.

4.3 Authorized Users

You may grant access to Authorized Users up to the number permitted by your Subscription Plan. You are responsible for ensuring that all Authorized Users comply with these Terms. Each Authorized User must have a unique login credential; sharing credentials is prohibited.

4.4 Account Suspension

FunnelFizz may suspend your Account or any Authorized User's access immediately upon notice if we reasonably believe that your Account is being used in violation of these Terms, applicable law, or in a manner that poses a security risk. We will work in good faith to restore access promptly once the issue is resolved.

5. Fees and Payment

5.1 Fees

You agree to pay all fees associated with your Subscription Plan as set forth in your Order Form or on the applicable pricing page. All fees are stated in U.S. dollars unless otherwise specified.

5.2 Billing and Payment

Fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. Payment is due upon invoice. FunnelFizz uses third-party payment processors and does not store full payment card information. By providing payment information, you authorize us to charge the applicable fees.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least 5 business days before the renewal date. You may cancel your subscription through your account settings or by contacting [email protected].

5.4 Late Payments

Overdue balances will accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower). FunnelFizz reserves the right to suspend access to the Service for accounts with overdue balances after providing 10 days' written notice.

5.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for all sales, use, value-added, or other taxes associated with your use of the Service, excluding taxes on FunnelFizz's net income.

5.6 Fee Changes

FunnelFizz may change subscription fees upon at least 30 days' prior written notice. Price changes will take effect at the start of the next renewal period following the notice.

5.7 Refunds

All fees are non-refundable except as expressly stated in these Terms or required by applicable law. If you believe you have been charged in error, contact [email protected] within 30 days of the charge.

6. Customer Data

6.1 Ownership

You retain all right, title, and interest in and to your Customer Data. These Terms do not grant FunnelFizz any ownership rights in Customer Data.

6.2 License to Process

By submitting Customer Data to the Service, you grant FunnelFizz a limited, non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely to the extent necessary to provide and improve the Service and as directed by you.

6.3 Your Responsibilities

You represent and warrant that:

You have all rights, licenses, and consents necessary to submit Customer Data to the Service
Customer Data does not infringe any third-party Intellectual Property Rights
Customer Data does not violate any applicable law, including data protection and privacy laws
You have provided all required notices and obtained all necessary consents from individuals whose data is included in Customer Data

6.4 Data Processing

To the extent Customer Data includes personal data subject to applicable data protection laws (including GDPR, CCPA, or MCDPA), the parties agree to execute a Data Processing Agreement ("DPA"), available at funnelfizz.com/dpa, which is incorporated into these Terms by reference.

6.5 Data Export and Deletion

You may export your Customer Data at any time through the Service. Upon termination of your Account, FunnelFizz will retain Customer Data for 30 days, during which time you may request an export. After this period, Customer Data will be deleted in accordance with our data retention practices, except where retention is required by law.

7. Intellectual Property

7.1 FunnelFizz Intellectual Property

FunnelFizz and its licensors own all right, title, and interest in and to the Service, including all software, algorithms, interfaces, documentation, logos, and trademarks. These Terms do not grant you any rights in the Service except the limited license described in Section 3.1. All rights not expressly granted are reserved.

7.2 Feedback

If you provide suggestions, feedback, or ideas regarding the Service ("Feedback"), you grant FunnelFizz a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate such Feedback into the Service without any obligation or compensation to you.

7.3 Aggregated Data

FunnelFizz may collect and use anonymized, aggregated data derived from your use of the Service (in a form that does not identify you or any individual) for the purposes of improving the Service, developing new features, and generating industry benchmarks and reports.

8. Acceptable Use

8.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms and the Documentation.

8.2 Prohibited Conduct

You agree not to, and not to permit Authorized Users or third parties to:

Use the Service to violate any applicable law or regulation
Upload, transmit, or distribute content that is unlawful, harmful, defamatory, obscene, or infringes third-party rights
Attempt to gain unauthorized access to the Service, other accounts, or FunnelFizz's systems or networks
Interfere with or disrupt the integrity or performance of the Service
Use automated means (bots, scrapers, crawlers) to access the Service in a manner that exceeds normal usage or circumvents access controls
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
Resell, sublicense, or make the Service available to third parties except as expressly permitted herein
Remove or alter any proprietary notices or labels on the Service
Use the Service to send unsolicited communications (spam)
Transmit viruses, malware, or other harmful code
Use the Service to store or process protected health information (PHI) unless you have entered into a separate Business Associate Agreement with FunnelFizz

8.3 Usage Limits

Your use of the Service is subject to the usage limits specified in your Subscription Plan (e.g., number of users, API calls, storage). FunnelFizz may monitor usage and may notify you if you exceed applicable limits. Excess usage may result in additional fees or throttling.

9. Confidentiality

9.1 Confidential Information

Each party ("Disclosing Party") may disclose to the other ("Receiving Party") non-public information that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). FunnelFizz's Confidential Information includes the Service, pricing, and technical information. Your Confidential Information includes Customer Data and business information.

9.2 Obligations

The Receiving Party agrees to:

Hold the Disclosing Party's Confidential Information in strict confidence using at least the same degree of care it uses for its own confidential information (but no less than reasonable care)
Use Confidential Information only to exercise rights or fulfill obligations under these Terms
Limit disclosure to employees and contractors who need to know and are bound by confidentiality obligations at least as protective as these Terms

9.3 Exceptions

Confidentiality obligations do not apply to information that:

Is or becomes publicly known through no breach by the Receiving Party
Was rightfully known to the Receiving Party before disclosure
Is received from a third party without restriction
Is independently developed without use of Confidential Information
Is required to be disclosed by law or court order (with prompt prior notice to the Disclosing Party where permitted)

10. Warranties and Disclaimers

10.1 FunnelFizz Warranties

FunnelFizz warrants that:

The Service will perform materially in accordance with the Documentation under normal use
FunnelFizz will implement and maintain commercially reasonable security measures to protect Customer Data
FunnelFizz has the right to grant the licenses set forth in these Terms

10.2 Customer Warranties

You warrant that:

You have the legal authority to enter into these Terms
Your use of the Service will comply with all applicable laws and regulations
Customer Data does not infringe any third-party rights

10.3 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNNELFIZZ EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FUNNELFIZZ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT LOST OR CORRUPTED.

11. Limitation of Liability

11.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNNELFIZZ'S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO FUNNELFIZZ IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11.3 Essential Basis

THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. FUNNELFIZZ WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

11.4 Exceptions

Nothing in these Terms limits either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) a party's indemnification obligations; or (d) any liability that cannot be excluded under applicable law.

12. Indemnification

12.1 By Customer

You agree to defend, indemnify, and hold harmless FunnelFizz and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) Customer Data; (c) your violation of any applicable law; or (d) your infringement of any third-party rights.

12.2 By FunnelFizz

FunnelFizz agrees to defend, indemnify, and hold harmless you and your officers, directors, employees, and agents from and against any third-party claims alleging that the Service, as provided by FunnelFizz and used in accordance with these Terms, infringes any patent, copyright, trademark, or trade secret of a third party. This obligation does not apply to infringement arising from: (a) your modification of the Service; (b) combination of the Service with other products or services; (c) use of the Service in violation of these Terms; or (d) Customer Data.

12.3 Indemnification Process

The indemnified party must: (a) promptly notify the indemnifying party in writing of the claim; (b) grant the indemnifying party sole control of the defense and settlement; and (c) provide reasonable cooperation. The indemnifying party may not settle any claim in a manner that imposes obligations on the indemnified party without prior written consent.

13. Term and Termination

13.1 Term

These Terms commence on the date you first accept them and continue for the duration of your Subscription Term and any renewals thereof (the "Term").

13.2 Termination for Convenience

You may terminate your Account at any time through your account settings or by contacting [email protected]. Termination takes effect at the end of the current billing period. No refunds will be issued for unused portions of a prepaid Subscription Term.

13.3 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure such breach within 30 days after receiving written notice; or (b) becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings.

13.4 Effect of Termination

Upon termination or expiration of these Terms:

Your right to access and use the Service immediately ceases
All outstanding fees become immediately due and payable
Each party will promptly return or destroy the other party's Confidential Information upon request
Customer Data will be available for export for 30 days, after which it will be deleted per Section 6.5

13.5 Survival

Sections 2, 5 (outstanding fees), 6.5, 7, 9, 10.3, 11, 12, 13.4, 13.5, 14, 15, 16, and 17 will survive termination or expiration of these Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Montana, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14.2 Informal Resolution

Before initiating any formal dispute resolution, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days following written notice of the dispute.

14.3 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be submitted to binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in Missoula, Montana (or virtually, by mutual agreement). The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.4 Class Action Waiver

YOU AND FUNNELFIZZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.5 Exceptions to Arbitration

Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction in Missoula, Montana to prevent irreparable harm pending arbitration. Nothing in this Section limits either party's right to seek such relief.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any Order Forms, the Privacy Policy, the DPA (if applicable), and any other policies incorporated by reference, constitute the entire agreement between the parties regarding the Service and supersede all prior negotiations, representations, and agreements.

15.2 Order of Precedence

In the event of a conflict, the order of precedence is: (1) Order Form; (2) Data Processing Agreement; (3) these Terms; (4) Documentation.

15.3 Amendments

FunnelFizz may update these Terms from time to time. We will provide at least 30 days' advance notice of material changes via email or in-app notification. Your continued use of the Service after the effective date of any update constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service and may terminate your Account.

15.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without FunnelFizz's prior written consent. FunnelFizz may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any attempted assignment in violation of this Section is void.

15.5 Waiver

Failure by either party to enforce any provision of these Terms will not constitute a waiver of that party's right to enforce such provision in the future.

15.6 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

15.7 Force Majeure

Neither party will be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, or Internet service disruptions. The affected party must notify the other party promptly and use reasonable efforts to resume performance.

15.8 Notices

All legal notices must be in writing and delivered to:

To FunnelFizz: [email protected] or by certified mail to FunnelFizz, Inc., Attn: Legal Department, Montana, USA
To Customer: the email address or mailing address associated with your Account

Notices are deemed effective upon confirmed delivery.

15.9 Relationship of the Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.

15.10 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties and their permitted successors and assigns. Nothing herein creates any rights in any third party.

15.11 Export Compliance

You agree to comply with all applicable U.S. and international export control laws and regulations. You represent that you are not on any U.S. government denied-party list and will not permit Authorized Users who are on such lists to access the Service.

15.12 Government Users

If you are a U.S. government entity, the Service is provided as a "commercial item" as defined in 48 C.F.R. § 2.101, and your rights are those specified in these Terms.

16. Data Deletion Requests

16.1 Right to Request Deletion

You have the right to request the deletion of your personal data and Customer Data held by FunnelFizz at any time. This includes data associated with your Account, Authorized Users, and any Customer Data you have submitted to the Service.

16.2 How to Submit a Request

To request deletion of your data, send an email to [email protected] with the subject line "Data Deletion Request." Please include the following in your request:

The email address associated with your FunnelFizz Account
Your company or organization name (if applicable)
A description of the data you would like deleted (e.g., full account deletion, specific Customer Data, Authorized User records)

16.3 Verification

To protect your data, FunnelFizz will verify your identity before processing any deletion request. We may ask you to confirm ownership of the Account email address or provide additional identifying information. We will not process deletion requests from unverified parties.

16.4 Processing Timeline

FunnelFizz will acknowledge your request within 5 business days and complete the deletion within 30 days of verification. Where technically complex or high in volume, we will notify you and complete the deletion within 90 days at the latest.

16.5 Scope and Exceptions

Upon a verified deletion request, FunnelFizz will delete or anonymize your personal data and Customer Data from active systems. Please note that deletion may not apply to data that:

We are required to retain under applicable law, regulation, or legal process
Is necessary to resolve an outstanding dispute or enforce an existing agreement
Exists in encrypted backup archives (which will be purged on our standard backup rotation schedule, typically within 90 days)

16.6 Account Termination and Deletion

If you close your Account, Customer Data will be available for export for 30 days per Section 6.5, after which it will be automatically deleted. Closing your Account constitutes a deletion request for all associated personal data, subject to the exceptions in Section 16.5.

17. Contact Information

If you have questions about these Terms, please contact us:

FunnelFizz, Inc. Attn: Legal Department Montana, USA Email: [email protected] Website: funnelfizz.com

For billing inquiries: [email protected] For privacy matters: [email protected] For security concerns: [email protected]

Notice: These Terms of Service are provided as a general template. FunnelFizz, Inc. recommends that you have these Terms reviewed by a licensed attorney before publishing, particularly to ensure compliance with applicable state, federal, and international laws relevant to your specific business operations.