Last Updated: November 17, 2024
Our Terms and Conditions constitute a legally binding agreement between UpFunnel and you. By using our App, you agree to be bound by these terms. Please read them carefully.
Our Terms and Conditions (hereinafter, "T&C") constitute a legally binding agreement between UpFunnel (hereinafter, "Us", "We" or "Our") and you (hereinafter, "User," "Users," "your," or "yours"). Your use of our App shall be governed by the following T&C.
If you are a child under 13 years old (or such greater age required in your country or territory for you to be authorized to register for and use our App without parental approval), you are allowed to use our App only after your parent or guardian has read and accepted these T&C for you.
You agree to provide accurate information regarding your phone number, email address and any other additional information, whilst registering for our App. Should any of your details change, you shall immediately update your data and notify us via email at [email protected]. You agree to receive for security reasons text messages and phone calls (from us or our third-party providers) with codes to register for our App.
You must be at least 13 years old to register for and use our App (or such greater age required in your country or territory for you to be authorized to register for and use our App without parental approval) and having read these T&C with your parent or guardian. In addition to being of the minimum required age to use our App under applicable law, if you are not old enough to have authority to agree to our T&C in your country or territory, your parent or guardian must agree to our T&C on your behalf. Please ask your parent or guardian to read these T&C with you. In any case we reserve ourselves the right to suspend and cancel your account unilaterally and without notice if we have a reasonable doubt that you do not have the legal minimum age to use our App.
You may need to provide certain devices, software, and data connections to use our App, which we otherwise do not supply. In order to use our App, you consent to manually or automatically download and install updates to our App. You also consent to our sending you notifications via our App from time to time, as necessary to keep our App functional for you.
You may purchase products from our App and/or subscribe to a subscription plan. Our App may offer subscription plans, in-App purchases and promotions.
The subscription plan types, names and prices may change occasionally. For all subscription plans, payment occurs on a pre-pay basis. The amount you are to pay and the length of your subscription will depend on the subscription plan you choose.
We reserve the sole right to change pricing without notice or cause and you are required to keep checking our pricing page for updates.
You agree to only use our App under the following conditions:
You agree not to, and you shall not permit others to:
You are solely responsible for any activity that occurs under your account and for keeping your password secure.
All material and services available and/or provided by our App, its affiliates, employees, licensors or other commercial partners including, but not limited to: our logo, visual designs or other materials and components are the property of our App or other parties that have licensed their material or provided services to us. Such material and services are duly protected by registered and unregistered copyright, trademarks, trade secrets, design and such other intellectual property laws as may be applicable in your country, and may not be duplicated under any circumstances, or used other than for your personal non-commercial use, or otherwise than described in these Terms and Conditions or our Privacy Policy.
We care about data privacy and security. Please review our Privacy Policy at https://upfunnel.co/privacy. By using our App, you agree to be bound by our Privacy Policy, which is incorporated into these T&C.
Please be advised the Site is hosted in the United States. If you access the Site from the USA, Canada, EU, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in United States, then through your continued use of the Site, you are transferring your data to United States, and you expressly consent to have your data transferred to and processed in United States.
We do not knowingly accept, request, or solicit information from children or knowingly market to children. In accordance with the U.S. Children's Online Privacy Protection Act and EU GDPR, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without verifiable parental consent, we will delete that information from the App as quickly as reasonably practical.
Important Legal Notice
WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) AND 100% OF THE PRICE PAID, IF APPLICABLE.
You agree to defend, indemnify, and hold harmless UpFunnel from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
You will cooperate as fully as required by us in the defense or settlement of any claim.
In compliance with the EU-US Privacy Shield Principles and the Swiss-US Privacy Shield Principles, we commit to resolve complaints about your privacy and our collection or use of your personal information. European Union, United Kingdom, or Swiss individuals with inquiries or complaints regarding this terms of service should contact us by email at [email protected].
UpFunnel has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles and the Swiss-US Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by BBB National Programs. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information and to file a complaint.
To the extent permitted under applicable laws, you acknowledge that we provide the App "as-is" without any warranty of any kind, express or implied, and to the maximum extent permitted by applicable law. We disclaim all warranties, whether express, implied, or statutory, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.
We do not guarantee any specific results from the use of our App. We make no warranty that the App shall be uninterrupted, free of viruses, or other harmful code, timely, secure or error or bug free.
We reserve the sole right to amend, repeal, modify, replace, terminate or make changes to this T&C, and the App without notice, from time to time. If we make material changes to this T&C, or the App, we shall – if possible – notify you by sending you an e-mail at your primary email address or in any other way convenient for us.
Any changes to this T&C, or App, shall be effective immediately for new users of our App; otherwise these changes shall be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you. Continued use of the App following notice of such changes shall indicate your acknowledgement of, and agreement to be bound by, such changes.
Neither the rights nor the obligations arising under this T&C are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We reserve the right to freely assign this T&C.
If any provision of this T&C is unenforceable, such provision shall be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.
You acknowledge that the App contains valuable trade secrets, trademarks, copyrights, proprietary information and other intellectual properties of UpFunnel, that any actual or threatened breach of any section of this T&C may constitute irreparable harm to UpFunnel.
For any questions or queries regarding these Terms and Conditions, please feel free to contact us:
UpFunnel Support
Email: [email protected]
Our Terms and Conditions constitute a legally binding agreement between UpFunnel and you. By using our App, you agree to comply with these terms which cover registration, age requirements, usage guidelines, and liability limitations.