Terms of Service

1) Eligibility

You must be at least 16 years old (or the age of digital consent in your jurisdiction) and able to form a binding contract to use the Services.

2) Definitions

• Account: The account created when you sign up with an email and password.
• Account Owner: The person or entity whose email and payment method is on file for the Account.
• Add-Ons: Optional features (e.g., extra users, workspaces, domains) that may carry additional fees.
• Aggregated Data: Data that does not identify an individual and is combined for analytics and insights.
• Content: Any data, text, images, code, or materials you upload or connect to the Services.
• Leads / Lead Data: Personal data you collect from end users via forms or tracking in your pages or funnels.
• Materials: The Site, software, documentation, templates, UI, and other assets we provide.
• Subscription Period: The monthly or annual billing cycle for a paid plan.
• Trial Period / Beta: Time-limited free access or pre-release features that may change or end at any time.
• User ID: Your login credentials (email and password).

3) Your Account & Security

You are responsible for the accuracy of your Account information and for keeping your User ID confidential. You are responsible for all activities under your Account. Notify us immediately of any unauthorized use.

4) Fees, Renewals & Changes

• Paid plans are billed in advance and, unless stated otherwise, are non-refundable for the current Subscription Period.
• Usage beyond plan limits (e.g., traffic, automation runs, contacts, storage) may incur overage fees billed on the next invoice.
• We may update pricing with 30 days’ notice via the Site or email. Continued use after changes take effect constitutes acceptance.
• You authorize us and our payment processors to store your payment method and auto-charge fees, taxes, and overages as due.

5) Term, Renewal, Cancellation & Deletion

• Subscriptions auto-renew for successive Subscription Periods unless you cancel before the current period ends.
• Monthly plans: cancel anytime; access continues through the paid period. No pro-rated refunds.
• Annual plans: cancellations take effect at the end of the annual term. No refunds or credits for early termination.
• We may downgrade or delete inactive/free Accounts after a reasonable period. Deletion removes all Content and Lead Data irreversibly.
• We may suspend or terminate Accounts for violations, security risks, non-payment, or misuse.

6) Your Content & License to Us

You retain rights to your Content. You grant us a non-exclusive, worldwide license to host, process, transmit, display, and modify your Content as necessary to provide and improve the Services (including troubleshooting, backups, caching, and security scanning).

You represent that you have all rights to your Content and that it does not infringe others’ rights or violate law. You are solely responsible for your Content.

7) Intellectual Property

The Materials are owned by ElasticFunnels and its licensors and are protected by intellectual property laws. Subject to these Terms and a valid Account, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable license to use the Materials to access and use the Services.

Feedback you provide may be used by us without restriction and without compensation.

8) Monitoring, Security & Acceptable Use

We may monitor the Site and Services for security, performance, and policy compliance. We may remove content, suspend access, or terminate Accounts that pose risk or violate these Terms.

You will not: upload malicious code; interfere with the Services; attempt unauthorized access; engage in illegal, deceptive, or infringing activities; or collect personal data without proper disclosure and consent where required.

9) Third-Party Services & Integrations

Integrations (e.g., CRMs, email, ads, payments, analytics) are operated by third parties. Your use of them is subject to their terms and privacy policies. We are not responsible for third-party services.

10) Beta & AI Features

Beta and AI features are experimental and provided “as is” without guarantees. You are responsible for reviewing outputs and ensuring compliance with applicable laws and industry rules.

11) Aggregate/Anonymized Data

We may process Aggregated Data for insights, benchmarking, and improving the Services. Aggregated Data does not identify individuals.

12) Disclaimers

The Services and Materials are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uptime, accuracy, or business results.

13) Limitation of Liability

To the maximum extent permitted by law, ElasticFunnels’ total liability for any claims arising out of or related to the Services is limited to the amounts you paid to ElasticFunnels in the 12 months preceding the event giving rise to liability. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenues, data, or goodwill.

14) Indemnification

You will defend, indemnify, and hold harmless ElasticFunnels and its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your Content, your use of the Services, your violation of law or these Terms, or your infringement of others’ rights.

15) Governing Law & Disputes

These Terms are governed by the laws of [Jurisdiction], without regard to conflicts of law principles. Courts located in [Venue/City] shall have exclusive jurisdiction, except that we may seek injunctive relief in any jurisdiction.

16) Changes, Severability & Entire Agreement

We may update these Terms at any time by posting a revised version on the Site. Continued use after changes become effective constitutes acceptance. If any provision is unenforceable, the remainder remains in effect. These Terms, together with referenced policies, are the entire agreement between you and ElasticFunnels.