Welcome to Funools. These Terms of Use ("Terms") constitute a legally binding agreement between you and Funools ("Company," "we," "us," or "our") governing your access to and use of our website, platform, and services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

Important: These Terms contain provisions that limit our liability to you and require you to resolve disputes with us through binding arbitration on an individual basis, not as part of any class or representative action.

Funools is a Software-as-a-Service (SaaS) platform that provides tools and resources for:

• Building and managing marketing funnels
• Setting up and configuring tracking pixels and advertising codes
• Monitoring conversion events and funnel performance
• Analyzing marketing and sales data
• Educational resources and guidance on funnel optimization
• Quiz tools to assess funnel needs and recommendations

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By using the Service, you represent and warrant that you meet these requirements.

3.2 Account Creation

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

You may not use another person's account without permission, create multiple accounts, or transfer your account to another party.

You agree not to use the Service for any unlawful purpose or in any way that:

• Violates any applicable local, state, national, or international law or regulation
• Infringes upon the intellectual property rights of others
• Transmits viruses, malware, or other harmful code
• Attempts to gain unauthorized access to our systems or other users' accounts
• Interferes with or disrupts the Service or servers/networks connected to the Service
• Engages in data mining, scraping, or automated data collection without permission
• Impersonates any person or entity or misrepresents your affiliation
• Harasses, threatens, or harms others
• Distributes spam, chain letters, or unsolicited communications
• Uses the Service to promote illegal products, services, or activities
• Reverse engineers, decompiles, or attempts to extract source code from our Service
• Creates derivative works based on our Service without authorization

We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including removing content, suspending or terminating accounts, and reporting to law enforcement.

5.1 Your Content

You retain ownership of any content, data, and materials you submit, post, or transmit through the Service ("User Content"), including funnel configurations, tracking pixel setups, quiz responses, and contact information.

5.2 License Grant

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing the Service.

5.3 Content Responsibility

You represent and warrant that:

• You own or have the necessary rights to submit your User Content
• Your User Content does not violate any laws or infringe third-party rights
• Your User Content does not contain malicious code or harmful materials

5.4 Data Privacy

When using our tracking pixel and funnel tools, you are responsible for ensuring compliance with all applicable privacy laws and regulations, including obtaining necessary consents from end users whose data is collected through pixels and tracking codes you implement.

6.1 Our Rights

The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement) are owned by Funools, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.

6.3 Restrictions

You may not:

• Copy, modify, or create derivative works based on the Service
• Distribute, sell, rent, lease, or sublicense the Service
• Remove, alter, or obscure any proprietary notices
• Use the Service to develop competing products or services

6.4 Trademarks

"Funools" and our logos are trademarks of Funools. You may not use these marks without our prior written permission.

7.1 Your Responsibilities

When using our tracking pixel and advertising code setup tools, you are solely responsible for:

• Correctly implementing tracking codes on your websites and properties
• Ensuring compliance with all applicable privacy laws (GDPR, CCPA, etc.)
• Obtaining necessary user consents for data collection and tracking
• Maintaining proper privacy policies and cookie notices
• Complying with third-party platform policies (Facebook, Google, etc.)
• Monitoring and maintaining your tracking implementations

7.2 Third-Party Platforms

Our Service facilitates integration with third-party advertising and analytics platforms. You acknowledge that your use of these integrations is subject to the terms and policies of those third-party platforms, and we are not responsible for any issues arising from your use of third-party services.

7.3 Data Accuracy

While we strive to provide accurate tracking and analytics tools, we do not guarantee the accuracy, completeness, or reliability of any tracking data or metrics. You should not rely solely on our Service for critical business decisions.

Certain features of the Service may require payment of fees. By subscribing to a paid plan, you agree to pay all applicable fees as described at the time of purchase.

• Billing: Fees are billed in advance on a subscription basis (monthly, annually, etc.)
• Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Payment Methods: You must provide valid payment information and authorize us to charge your payment method
• Price Changes: We may change fees with at least 30 days' notice
• Refunds: Fees are generally non-refundable except as required by law or stated in our refund policy
• Taxes: Fees do not include applicable taxes, which you are responsible for paying
• Late Payment: Late payments may result in suspension or termination of Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the Service without notice or liability.

While we strive to maintain high availability, we do not guarantee that the Service will be available at all times or that it will be uninterrupted, secure, or error-free. Service availability may be affected by factors beyond our control.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SERVICE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE RESULTS OR OUTCOMES FROM USING THE SERVICE

No Business Advice: The information, guidance, and recommendations provided through the Service, including quiz results and funnel suggestions, are for educational purposes only and do not constitute professional business, legal, or financial advice. You should consult with appropriate professionals before making business decisions.

Third-Party Content: We are not responsible for any third-party content, websites, products, or services accessed through the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FUNOOLS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Loss of goodwill or reputation
• Cost of substitute services
• Business interruption
• Damages arising from use or inability to use the Service
• Errors, mistakes, or inaccuracies in content or data
• Unauthorized access to or alteration of your data
• Any other matter relating to the Service

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Funools and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content or data
• Your implementation of tracking pixels or advertising codes
• Your failure to comply with applicable privacy laws and regulations
• Any misrepresentation made by you

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will cooperate with our defense of such claims.

13.1 Termination by You

You may terminate your account at any time by discontinuing use of the Service and, if applicable, cancelling your subscription through your account settings.

13.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms, engage in fraudulent activity, or fail to pay applicable fees.

13.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account and all associated data, though we may retain certain information as required by law or for legitimate business purposes. Sections that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, and limitation of liability.

14.1 Informal Resolution

Before filing a formal dispute, you agree to first contact us and attempt to resolve the dispute informally by sending a detailed description of the dispute to our contact information provided below.

14.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by a recognized arbitration organization, rather than in court, except that you may assert claims in small claims court if your claims qualify.

14.3 Class Action Waiver

YOU AND FUNOOLS 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, REPRESENTATIVE, OR COLLECTIVE ACTION.

14.4 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights.

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the United States and the State of [Your State], without regard to its conflict of law provisions.

Subject to the arbitration provisions above, you agree to submit to the personal and exclusive jurisdiction of the courts located in [Your County, State] for the resolution of any disputes.

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us, constitute the entire agreement between you and Funools regarding the Service.

16.2 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes indicates your acceptance of the modified Terms.

16.3 Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be deemed a waiver. If any provision is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We will not be liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or internet service failures.

16.6 Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms.

16.7 Feedback

Any feedback, comments, or suggestions you provide regarding the Service may be used by us without any obligation to you.

If you have any questions, concerns, or disputes regarding these Terms, please contact us:

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.