1.2. Description of Services These terms describe the services provided when you sign up / subscribe for any type of account (“Trial” or “Paid”) with us. They also define aspects of our business relationship, and set forth the terms and conditions that apply to your access to and use of the websites, products, and services owned and operated by Gaboli Online Services Pvt Ltd. Using our Subscription Services or signing up for a Trial Account indicates agreement with, and acceptance of, these Terms.
1.3. Legal Entity Representation This is a legal contract and legally binding you and Funl, so if you are entering into this agreement either individually or on behalf of a company, government agency, organization, or other legal entity for whom you are an authorized representative you represent that you have the authority to bind such entity to these Terms. (In this case, “you” and “your” would then refer to the entity.)
1.4. We will not intentionally and/or knowingly accept this Agreement from anyone under the age of sixteen (16) years, or who lacks the capacity to understand these Terms. Neither will we intentionally and/or knowingly collect their Personal Data or Personally Identifiable Information, as defined and/or referenced in the Terms of Service below.
1.7. These Terms of Services shall override, replace and supersede all/any ambiguity/conflict and prevail over ambiguous/conflicts with regards to any/all terms communicated elsewhere or through our Data Processing Agreement (DPA) or any written communication. In case of any ambiguity/conflict with regards to Governing Laws and Jurisdiction the Terms of Service shall override, prevail and supersede at all times.
2.1. Account: An Account is created when an individual, company, or other entity, or any representative of such, signs up to the Funl platform with an email id, username and password. Accounts may contain Content, Materials, pages, popups, sticky bars, and other features Funl may add from time to time. Accounts can either be trial accounts(“trial subscription”, “new trial”, “free lan” or “free account”) or paid Subscriptions. Accounts created also include and is/are not limited to the products/services being offered by Funl
2.2. Account Owner: The person, the company, the corporation, the organization, or any other entity whose name appears on the credit card that pays for the Funl Subscription along with the registered email id used to create the Account is the Account Owner.
2.3. Add-On: Client sub-accounts, invitee accounts, users within accounts, domains, and other features we may develop in the future that you have the option of adding to your Account based on Subscription level, which may or may not include an additional fee.
2.4. Aggregated Data: Data that does not contain Personal Data and which has been manipulated, scrubbed or combined to provide generalized, anonymous information.
2.5. Agreement: These Terms of Service and any materials, contracts, conditions, or other documents referenced or linked to herein, without limitation.
2.6. Beta Test: May include, but is not limited to, alterations to the Services, modifications to how the Services are offered or provided, and changes to the software; usually designed to test for bugs, usability issues, or to evaluate user experience.
2.7. Cancellation/Downgrade of Account: Removing/changing subscription fees and paid features from an Account.
2.8. Claims: An assertion of entitlement to any liability, monetary, proprietary, or other judicially-enforceable redress.
2.9. Commercial Electronic Messages: Emails containing communications, newsletters, blogs, and other marketing materials.
2.10. Commercial Marketplace Platform Partners: A company with which Funl has established a professional commercial association, through a legally bound agreement and/or contract is termed as a Commercial Marketplace Platform Partner. This is applicable only if you choose to subscribe or avail yourself of Funl Products and Services through an Funl Reseller or Commercial Marketplace Platform Partner. You understand and agree that you shall be subject to, and must comply with the terms of that Reseller or Commercial Marketplace Platform Provider. In case of any ambiguity with related Funl products and services and their associated terms and conditions being offered by the Reseller or the Commercial Marketplace Platform Partners these Terms of Service shall prevail and have an overriding and a superseding effect.
2.11. Confidential Information: Any information marked confidential, identified as confidential at the time of disclosure, or that ought reasonably to be considered confidential, whether received in writing, visually, electronically, or orally. Confidential information includes, but is not limited to: technical information, marketing and business plans, databases, specifications, formulations, tooling, prototypes, sketches, models, drawings, procurement requirements, engineering information, samples, computer software (source and object codes), forecasts, identity of or details about actual or potential Customers or projects, techniques, inventions, discoveries, know-how and trade secrets.” Confidential Information” also includes all such business or technical information of any Third Party that is in Funl’s possession.
2.13. Customer: Any person, organization, or other entity that has signed up for an Account, at any level.
2.14. Customer Goods: Products or services owned and sold by our Customers.
2.15. Feedback: Comments received orally, in writing, or electronically, from current, past, or potential Customers. Feedback may include (but is not limited to) ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our Services, the Site, features, customers, Customer Support, documentation, our business, affiliates, partners, licensors, or employees.
2.16. Hosted Site: Any website hosted by us for you as part of the Services.
2.17. Inactive User: A Funl Account owner, who has not logged in for ninety (90) days from the previous login. .
2.18. Indemnified Parties: Funl, its subsidiaries, affiliates, co-branders, licensors, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives.
2.19. Licensors: Any company, individual, or other entity from which Funl has licensed the use of its hardware, software, services, or other products and intellectual property.
2.20. Limited Time/Feature Product Offerings: From time to time Funl may at its sole discretion promote Limited Time/Feature Product Offerings exclusive to select customers that are not shareable unless noted otherwise. Funl reserves all rights to retract/terminate such Limited Time/Feature Product Offerings anytime without any notice and/or liability whatsoever.
2.21. Materials: Anything provided by or through Funl, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to, software, informational text, documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof.
2.22. Monitor/Monitoring: Oversight into Customer behavior (including but not limited to how the Site and Services are being used and the Content added to Accounts), examination of traffic to specific pages, the functioning of the Site and Services, and other investigatory processes as needed, whether conducted via software/electronically or by Funl employees.
2.23. Page Builder: Funl’s page creation and editing platform, where your pages, popups, and sticky bars are constructed.
2.24. Personal Information/Personal Data: Information about an identifiable individual, as defined in British Columbia’s Personal Information Protection Act [SBC 2003] Chapter 63 and General Data Protection Regulation (GDPR) Article 4.
2.25. Plan Limit Exceeding Fees: This refers to the charges/fees payable by Account Owners/Customers to Funl when they exceed the plan limit / threshold of the plan limits allowed in the particular Plan subscribed by the Account Owners/Customers. These are overage charges that are communicated at the alerts/reminders of the threshold.
2.26. Profile/Profile Information: All information in the “Your Profile” section of the application, including, but not limited to, full name, email address, password, profile picture, newsletter features, and subscription level.
2.27. Providing Services: Access to and support for the Funl platform, including the Page Builder, Page Overview, and other features available within each Subscription/Account level.
2.28. Sensitive Information: Credit or debit card numbers; personal financial information; Social Security/Social Insurance Numbers; passport numbers; driver’s license numbers or similar identifiers; racial or ethnic origin; religious affiliation; sexual orientation; physical or mental health condition or information; biometric information; political affiliation; membership in a union; or other employment, financial or health information, including any information subject to regulations, laws, or industry standards designed to protect data privacy and security.
2.29. Services: The Funl platform/application, and all features therein, including but not limited to: Funl’s application program interface (API), lead collection, storage, and transfer capabilities, and the ability to create, publish, and A/B test customizable landing pages, websites, popups, and sticky bars.
2.30. Site: The Funl website (www.funl.co) and all subdomains and sub-directories therein.
2.31. Subscription: A Subscription to Funl encompasses access to paid features, and begins with a free trial subscription.
2.32. Subscription Period: The thirty calendar days for the monthly period/term or one calendar year for the annual period/term between billings.
2.33. Third Party: Any organization or person, other than you or Funl. This includes, but is not limited to: CRM/CMS systems, email marketing software, billing and shopping cart/check-out platforms, PPC conversion tracking codes, analytics and other tracking software, non-Funl forms, file hosting/sharing platforms, and any organization or person with which you or Funl conducts business or integrates.
2.34. Trial Period: The period of a new Subscription, prior to billing, wherein you have access to paid features for free for a limited time. You agree that you will not create additional Accounts for the purpose of obtaining additional Trial Periods.
2.35. Trial Program: A temporary, free release of a new feature that may later be added to a Subscription for an additional fee.
2.36. Unauthorized User – A person or entity having no authorization and/or permission to use the User ID and Password to access the Account.
2.37. User ID: Your Funl username and password, which may include the email address under which your Account was created.
2.38. Your Customers: The visitors who access your Funl page(s) and may or may not purchase your products or services or complete your conversion goal. This agreement does not apply to, or bind, any Third Party.
3.1. Your User ID is the only way to log in and access your Account.
3.2. You understand and agree that you are responsible for maintaining the confidentiality of your User ID and credentials required to access your account.
3.4. Funl is not responsible for any Profile Information that may be lost or irrecoverable through the use of the Site or Services.
3.5. For as long as you remain the Account Owner and in compliance with this Agreement, you have the right to access and use the Services.
3.6. This right is non-transferable, and you agree not to disclose your User ID and/or Password to any Third Party and/or Unauthorized User.
3.7. You are solely responsible for all the activities that occur within your Account.
3.8. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Funl immediately. You are also advised to reset the credentials of the account to make it secure and avoid future misuse.
3.9. It is your responsibility to update and/or change any Account and/or Profile Information, as needed and/or as desired.
3.10. Billing information can be updated from within your Account, and may only be changed by the Account Owner.
3.11. Funl disclaims all liability where Account ownership is disputed, and will not participate or play any role in such disputes.
3.12. Funl will automatically charge the credit card on file; should the billing information be changed, the new credit card will be charged. It is the duty of the Customer to keep the payment method current and relevant. If for any reason the Customer forgets to cancel auto payments, renewal of subscription or cancel the card and does not update the billing information the sole responsibility of any default, liability, payments, and penalties shall be that of the Customer. No refund whatsoever is issued for such situations.
3.13. If an updated credit card is under a different name, the owner of the updated card becomes the Account Owner.
3.14. Funl will not change your billing information for you, under any circumstances, and will not be held responsible if an unauthorized party accesses your Account or changes your billing details.
3.15. Funl does not see or store full credit card numbers at any time.
4.1. You agree to pay all Subscription fees, including but not limited to the fees based on Add-Ons, plan limit exceeding fees, overage, traffic to your pages, and number of pages, popups, and sticky bars in your Account and all sub-accounts.
4.2. Unless otherwise specified in a Subscription, such fees will be billed in advance for each month and are strictly non-refundable.
4.3. You agree that you may not be refunded and/or credited for partial months of service, or for periods in which your Account remains open but you do not use the Services or forget to Cancel the Subscriptions for any reason whatsoever.
4.4. If you exceed any plan limits and/or its usage or the thresholds that are set forth in your Subscription Plan, a “Plan Limit Exceeding Fees” for every such occurrence and/or overages shall be charged as per the price/rate communicated to you when approaching such Plan Limit. The invoice shall be raised separately for such Plan Limit Exceeding Fees and the same needs to be cleared on immediate basis or the date specified on the invoice. Funl reserves the right to cancel/suspend your Account until your dues are cleared. Funl shall not be liable or responsible for any loss due to non-availability of services, unpublishing of landing pages, or removal of integrations (if any) resulting from the cancellation/suspension action due to non-payment of invoice.
4.5. We reserve the right to modify our billing rates at any time upon thirty (30) days written notice either by posting these fee changes to the Site or by notifying you via email.
4.6. Should you continue to use the Services after these changes go into effect, you will be responsible for paying the new Subscription/billing rate.
4.7. Your rates would be fixed for the term selected initially during the subscription term and will change only on renewal and continuation of service post the initial term. These prices/rates shall be communicated a minimum 30 days in advance before your renewal/term starts.
4.8. Funl shall communicate/contact you on the email id that is provided during the registration or email id of the account owner or through text messaging on the phone number provided during registration for the payments dues, notifications and reminders thereon.
4.9 If you decide to upgrade the plan while you are already on the lower subscription you would have to pay the difference for the upgrade plan that you choose. (Refer Clause 5.4.)
4.10. By entering a credit card number, you agree that Funl, and our Third Party payment service providers, may store your payment card information for authentication, authorization and know your customer regulations.
4.11. You expressly authorize us to charge you, where applicable:
(i) Subscription Fees, to be billed during a Subscription Period
(ii) other fees for Services purchased, including, but not limited to, Add-Ons
(iii) charges for use of the Services in excess of visitor, page, or other limitations, Plan Limit Exceeding Fees and
(iv) taxes connected with your use of the Services.
4.12. You agree to reimburse us, where applicable, for all collection costs and interest for any overdue amounts.
4.13. Payments that are past due shall accrue interest at the lesser of one and one half percent (1.5%) per month, or the maximum rate permitted by applicable law.
4.14. If the payment card associated with your account expires and you do not associate a valid new payment card with your account or cancel your subscription within 17 business days, Funl reserves the right to suspend your Account until your billing details have been updated and the dues are cleared. Funl shall not be liable or responsible for any loss due to non-availability of services, unpublishing of landing pages, or removal of integrations (if any) resulting from the suspension/cancellation action.
4.15. For Accounts that are canceled/suspended/deleted due to violation of Terms, AUP, or Policies, Funl shall not be liable and/or responsible for any non availability of the services to the account holder and their clients/customers, or any denial of usage or services, or any loss of data due to deletion/cancellation of account. Lost data may include Lead Data(if any), Landing Pages, Integrations, and/or other Data associated with your Account..
4.16. After an Account suspension, you agree and authorize that Funl may re-attempt payment processing upon receiving updated billing details.
5.1. Your paid Subscription is valid for either a monthly/quarterly or an annual Subscription Period.
5.2. Your Account is valid so long as it is under an active subscription plan OR as you change/upgrade an existing plan OR until you request account deletion (by contacting our support team or through the available options from within your account) post trial within ninety (90) days from the Subscription Date.
5.3. If you upgrade to a higher-level Subscription during the Subscription Period, you will have immediate access to those higher level features. There is a minimum three months commitment for a Concierge higher-level plan.
5.4. You agree to pay Funl the difference between your original Subscription Plan fee and the fee of the upgrade Plan on a pro-rata basis. The upgraded plan pricing shall be subject to the pricing available on https://funl.co/pricing
5.5. If you choose to downgrade to a lower-level Subscription during the Subscription Period, you will receive a credit to your Account representing the difference between your original subscription plan fee and your downgraded Subscription plan fee on a pro-rata basis. The downgraded plan pricing shall be subject to the pricing available on https://funl.co/pricing
5.6. Changes to Subscriptions Plan will be reflected in your next invoice.
5.7. No credits and/or refunds will be issued for cancelling your subscription or downgrading from a paid subscription of your existing plan to a lower plan.
5.8. Your Subscription Plan will automatically renew for an additional Subscription Period unless you cancel (see “6. Cancellation and Termination” below).
5.9. The minimum commitment on our monthly/quarterly, or annual Concierge level plans for new customers shall be three months. Cancellations or downgrades prior to the third month will incur a penalty not exceeding the total subscription fees for this three month commitment period.
6.1. You may cancel your monthly Subscription at any time, either from within your Account or by submitting a request after logging into your account and selecting the support option, from the email address associated within your Account.
6.2. Should you contact Customer Support to request assistance with Subscription Cancellation or account deletion, Funl reserves the right to confirm your identity by asking for the last four (4) digits of the credit card on file, the type of card, the billing address, and additional security questions and shall verify the same with details on our system before taking any further action.
6.3.To cancel your subscription you can contact our customer support team.
6.4. Changes to annual Subscriptions, including Cancellations, go into effect at the end of the annual Subscription Period.
6.5. No refunds and/or credits shall be issued for annual Subscription Cancellations, or from switching from an annual to a monthly Subscription before the end of the annual Subscription Period.
6.6. Cancellations must be completed at least one (1) day prior to the end of your then-current Subscription Period, whether monthly/quarterly or annual; otherwise, billing for the next month/quarter or year will be processed automatically.
6.7. Cancellations performed after billing are not entitled to refunds, in whole or in part.
6.8. You are responsible for all charges accrued on your Account up to the time of Cancellation, including all fees within the Subscription Period in which you cancel.
6.9. Upon Subscription Cancellation, you are placed on a Free Account, which Funl shall delete within ninety (90) days of the date of Cancellation, unless you re-Subscribe before the end of the ninety (90) days period, or make other arrangements with us to retain your Account and its associated Data. Funl reserves the right to delete all/any Accounts associated with canceled subscriptions at its sole discretion regardless of their active/login state of the account without any liability whatsoever.
6.10. Account deletion permanently removes all pages, popups, sticky bars, Content, integrations and leads if using the Funl elements “form”, as well as your email address and other Personal Data.
6.11. Funl shall not be responsible for any Content lost as a result of Account deletion on requests or on account of error, system or technical failure.
6.12. Funl reserves the right to change our data storage and processing capabilities and procedures at any time, without notice or liability, subject to applicable laws and regulations.
6.13. Funl reserves the right to terminate this Agreement at any time, for any reason, and at our sole discretion, without liability.
6.14. A reason for such termination may be, but is not limited to, failure to comply with these Terms.
6.15. Funl reserves the right to alter, modify, suspend, or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.
6.16. The sections “8. Intellectual Property Rights”, 9. “Submission of Content”, 16. “Confidential Information”, 17. “Third Party Sites and Content”, 18. “Disclaimer, Exclusion, and Limitation of Liability”, 19. “Indemnification”, 20. “Waiver of Jury Trial and Class Action Rights”, and 21. “Dispute Resolution” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
8.1. You agree that we shall Monitor the Site and Services, including without limitation, any pages created using our Services.
8.2. We shall, where reasonable or necessary, disclose information to satisfy our legal obligations, protect Funl or its Customers, or operate or improve the Site or Services.
8.3. We reserve the right to Monitor the security and preserve the integrity of our Site, resources, data, Materials, Customer Goods, Content, and Intellectual Property (yours, ours, and Third Parties’).
8.4. By using the Services, you agree that we shall, with or without prior notice or notification, for any reason, and at our sole discretion, immediately suspend your access to the Services or Site, remove and/or request that you remove pages, popups, sticky bars, and Content, and/or terminate this Agreement.
8.6. Suspension of use and access is not a breach of this Agreement by Funl, and your Account/Content/pages may be reinstated when the threat or risk has been remedied, and verified at our sole discretion.
8.7. Funl disclaims all/any liability for suspending the Site or Services, removing or requesting the removal of Content, pages, popups, or sticky bars, or terminating this Agreement, and you have no claims whatsoever to any form of compensation or damages arising from such action.
9.1. From time to time and at our sole discretion, we may offer you the opportunity to try a new product or service for free for a limited time.
9.2. Before the end of the Trial Program, you must decide whether you would like to continue using the new feature, should we choose to offer it.
9.3. Whether we introduce a Trial Program feature into the Services generally, and if so, whether we charge an additional fee to access the feature, it is at our sole discretion.
9.4. If we charge a fee for its use and you purchase the trialed product or service, we shall add it to your monthly invoice to be billed automatically until you choose to remove the Add-On or Cancel your Subscription.
9.5. If you do not purchase the product or service by the end of the Trial Program, you will not be billed for it (normal Subscription rates will apply), and that feature will no longer be available to you.
9.6. You agree to comply with any additional terms, restrictions, or limitations connected to any Trial Program.
9.7. You shall not sign up for multiple Accounts in order to receive additional Trial Program benefits.
9.8. We shall terminate or suspend a Trial Program at any time without notice or liability, and in our sole discretion, and we reserve the right to adjust pricing relative to any service or product offered through a Trial Program.
9.9. We are not responsible nor liable for any adverse impact caused by or connected with a Trial Program. Platform
10.1. You have the option of using Funl as a commercial platform, including, but not limited to, incorporating links to purchasing pages and embedding Third Party payment processing tools.
10.2. Funl does not offer payment processing tools as part of the Services, and will not perform payment processing for Your Customers on your behalf.
10.3. These transactions are entirely between you, Your Customers, and any other applicable Third Party, and we are not in any way liable or responsible for them.
10.5. We shall not be responsible for actions taken by any Third Party service provider, or for changes to their terms or policies.
10.6. When using Funl to offer or sell products or services, you agree to comply with the following:
(a) You shall not offer or sell illegal or potentially illegal Customer Goods, including, but not limited to, those that are counterfeited, stolen, or fraudulent or prohibited by law.
(b) Customer Goods offered or sold using the Site and/or Services must comply with all applicable laws, including, without limitation, export control laws.
(c) You shall not offer or sell any Customer Goods that violate our AUP. This includes, but is not limited to, products that depict or promote child pornography, are obscene or defamatory, or that violate privacy rights or intellectual property law.
(d) You shall not use the images or names of any Third Party (including notable personalities or celebrities) when offering or selling Customer Goods without first obtaining that Third Party’s permission.
10.7. Funl shall at its sole discretion remove, or request that you remove, any pages, popups, sticky bars, or Content that violate this section or the AUP with or without serving any notice. 11. Collection of Personal Information
11.1. If you use the Services to collect, store, use, or disclose Sensitive or Personal Information about identifiable individuals, you agree only to do so in accordance with applicable law.
11.2. You agree to take all measures to protect the privacy and legal rights of individuals whose information you collect, and to provide them with a legally sufficient privacy notice or policy.
11.3. If you are provided with Sensitive or Personal Information, you must disclose that this Information is being collected and clearly explain the reason for its collection and how the Information will be used. If you store Personal or Sensitive Information, you must do so securely, and in accordance with applicable law.
11.4. YOU AGREE TO INDEMNIFY FUNL AND HOLD US HARMLESS FOR ANY FAILURE TO COMPLY WITH THE FOREGOING, OR FOR ANY CLAIM MADE AGAINST UNBOUNCE BY ANY THIRD PARTY RELATED TO YOUR USE OF THE SERVICES TO COLLECT, STORE, OR USE PERSONAL OR SENSITIVE INFORMATION.
12.1. You are responsible for knowing and adhering to your jurisdictional anti-spam laws.
12.2. In jurisdictions where consent is required before sending email or electronic transactions to email accounts, you are responsible for obtaining that consent.
12.3. Certain features of the Site or Services, when activated, may require that Funl send an email to you, Your Customers, or any other Third Party on your behalf.
12.4. You agree that Funl remains a disinterested third party to any such electronic communication completed using the Site and/or Services. You hereby agree to indemnify us and hold us harmless for any failure to have or obtain all necessary consents regarding the receipt of electronic communications, email, or commercial electronic messages.
12.5. You acknowledge and agree that Funl is not responsible or liable for any Third Party content linked to from the Site or Services. This includes but is not limited to accuracy, integrity, quality, usefulness, legality, safety, and intellectual property rights. The inclusion of such linked content in no way indicates endorsement by, or association with Funl.
12.6. You agree that Funl is not responsible or liable for any alleged or real damages or losses incurred through the use of Third Party content, goods, or services.
12.7. Your use of Third Party content is solely at your own risk.