TERMS OF USE

Provider: Funnel SOS (“Company”, “we”, “us”, or “our”)

User: The individual or entity (“Subscriber”, “you”, or “your”) accessing or using the Platform as defined below.

1. Agreement and Acceptance

By creating an account, signing up, or otherwise accessing the Funnel SOS software (“Platform”), you acknowledge and agree that you have read, understood, and accepted these Terms of Use (“Terms”). If you do not agree, do not use or access the Platform.

2. Relationship to GoHighLevel

The Platform is powered by software and infrastructure licensed through HighLevel, Inc. (“GoHighLevel”).

You acknowledge that:

- Company is an independent reseller and not owned, operated, or controlled by GoHighLevel.

- Your use of the Platform is subject to both these Terms and GoHighLevel’s own Terms of Service, which can be found at https://www.gohighlevel.com/terms-of-service 

- Company has no liability for GoHighLevel’s performance, service interruptions, or data handling.

3. Platform Access and Use

a. License

Company grants you a limited, non-exclusive, non-transferable license to access and use the Platform solely for lawful business purposes.

b. Restrictions

You may not:

- Reverse engineer, modify, or copy any part of the Platform.

- Use the Platform for illegal, misleading, or deceptive purposes.

- Share login credentials or resell access without written authorization.

c. Account Responsibility

You are responsible for all actions under your account, including any users or clients you grant access to.

4. Features and Service Inclusions

Your Platform subscription includes access to the following core features (“Included Features”):

- CRM & Pipeline Management

- Funnel & Website Builder

- Email & SMS Marketing Automation

- Forms & Surveys

- Calendars & Appointment Scheduling

- Reputation Management Tools

- Workflow Automations

- Reporting Dashboard

Company may modify, replace, or discontinue features at any time without notice.

5. Fees and Payment Terms

a. Subscription Fees

You agree to pay the subscription fee corresponding to your selected plan. Fees are billed in advance on a recurring basis (monthly or annually) and are non-refundable.

b. Usage Fees

Certain Platform services (e.g., SMS, voice calls, email sends, or other communication usage) incur additional usage-based fees.

- These fees are rebilled automatically from your account wallet or payment method on file.

- Company reserves the right to adjust usage rates at any time based on carrier or vendor costs.

c. Wallet Refill Authorization

By using communication features, you authorize Company to automatically charge your payment method to maintain a positive wallet balance.

d. Late or Failed Payments

If payment fails or becomes delinquent, Company may suspend or terminate your account. You remain responsible for any outstanding balances.

6. Refund Policy

All payments are final and non-refundable, including subscription, setup, and usage fees.

Refunds may only be issued at Company’s sole discretion and are not guaranteed.

7. Your Clients and Data Responsibility

If you provide access to your own clients (“End Users”), you agree that:

- You are solely responsible for their use of the Platform.

- You will maintain your own terms of service and privacy policy governing your relationship with End Users.

- You will ensure compliance with applicable privacy laws (including GDPR, CCPA, CAN-SPAM, TCPA).

- Company is not a party to and bears no liability for disputes between you and your End Users.

8. Data and Privacy

You acknowledge and agree that data entered into the Platform is processed by GoHighLevel.

Company does not guarantee data storage, backups, or security beyond what is provided by GoHighLevel.

All processing of personal data is governed by our Privacy Policy and GoHighLevel’s Data Processing Agreement.

9. Third-Party Services

The Platform integrates with various third-party providers (e.g., email, payment gateways, phone carriers).

You are responsible for any third-party accounts, charges, or compliance requirements related to these integrations. Company is not responsible for outages or issues caused by third-party providers.

10. Termination

Either party may terminate this agreement at any time by written notice.

Company may immediately suspend or terminate your access for:

- Non-payment;

- Breach of these Terms;

- Illegal or abusive use of the Platform.

Upon termination, all data may be permanently deleted after 30 days.

11. Intellectual Property

All rights, title, and interest in and to the Platform remain with Company and its licensors (including GoHighLevel).

You retain ownership of any content or data you input.

12. Disclaimer of Warranties

The Platform is provided “as is” and “as available.”

Company makes no warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. Company does not guarantee results, uptime, or profitability from use of the Platform.

13. Limitation of Liability

To the maximum extent permitted by law:

- Company’s total liability for any claim shall not exceed the amount you paid in the three months preceding the claim.

- Company is not liable for indirect, incidental, or consequential damages, including lost profits, data loss, or service interruptions.

14. Indemnification

You agree to indemnify and hold harmless Company and its affiliates from any claims, damages, or losses arising from:

-Your use or misuse of the Platform;

-Your violation of laws or third-party rights;

-Your End Users’ actions.

15. Arbitration and Governing Law

This Agreement shall be governed by and construed in accordance with the laws of The Netherlands, without regard to conflict of law principles. Any dispute arising under or in connection with this Agreement shall be submitted to the competent courts of The Netherlands. The parties agree that all proceedings shall take place in Dutch jurisdiction and waive any right to class or collective actions.

16. Modifications

Company reserves the right to update these Terms at any time. Continued use after notice of changes constitutes acceptance of the revised Terms.

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17. Contact

For questions regarding these Terms, contact:

Funnel SOS

Email: [email protected]

Mailing Address: Koningstraat 13, 5306AS Brakel, The Netherlands