Terms of Service

1. Agreement to these terms

By creating an account, subscribing, or using any part of the soFunnels platform (the "Service"), you agree to these Terms of Service and to the Privacy Policy, which forms part of this agreement. If you do not agree to them, do not create an account and do not use the Service.

If you accept these terms on behalf of a company or other organisation, you confirm that you have the authority to bind that organisation, and "you" means that organisation.

You must be at least 18 years old, and legally able to enter into a binding contract, to use the Service. The Service is a business tool and is not offered to consumers for personal use.

2. The Service we provide

soFunnels is software you use to build, publish and measure sales funnels, and to take payments from your own customers through your own payment processor account. We provide the software and the hosting for the pages you publish through it.

We do not provide marketing advice, guarantee any level of traffic, conversion, revenue or business result, and nothing on our website, in our onboarding, in any calculator or estimate tool, or in any support conversation is a promise of earnings. Figures shown in examples are illustrations of arithmetic, not projections of your results.

We develop the Service continuously. Features may be added, changed or withdrawn. We will not materially reduce the core functionality of a paid plan during a period you have already paid for without offering you a pro-rated refund of the remainder of that period.

Features described as planned, upcoming or on the roadmap are not part of what you are buying today. Do not subscribe in reliance on a feature that is not currently working in your account.

3. Your account

You are responsible for everything that happens under your account, including keeping your password confidential and for any use by people you give access to. Tell us at [email protected] immediately if you believe your account has been accessed without your permission.

You must give accurate registration information and keep it current. We may suspend or close an account registered with false information, or an account used to evade a previous suspension.

One account is one workspace. You must not attempt to access data, funnels, pages or records belonging to another customer, probe or test the security of the Service, or circumvent any limits, metering or access control.

4. Free trial

New accounts may start a free trial of 14 days with full access to the Service. A valid payment card is required to start the trial. Nothing is charged during the trial.

Unless you cancel before the trial ends, your subscription starts automatically at the end of the trial and the payment method you provided is charged for the plan and billing interval you selected. You can cancel at any point during the trial from inside your account, in which case you are charged nothing.

A free trial is offered once per customer. We may refuse or end a trial where we reasonably believe it is being used repeatedly by the same person or business through multiple accounts, or obtained through false information.

5. Fees, renewal, cancellation and refunds

Subscription fees. The Service is sold on a subscription at $27 per month, or $197 per year, in US dollars, plus any tax that applies to you. The price shown at the time you subscribe is the price you pay for that period.

Automatic renewal. Your subscription renews automatically at the end of each billing period, and your payment method is charged the then-current fee for that plan, until you cancel. By subscribing, you authorise these recurring charges. You may cancel this authorisation at any time by cancelling the subscription.

Cancelling. You can cancel at any time from your account settings, without contacting us and without a cancellation fee. Cancellation stops all future charges. Your access continues until the end of the period you have already paid for, and your workspace and published funnels are then paused.

Refunds. Except where a refund is required by law, fees are non-refundable. This includes partial billing periods, unused time after a cancellation, periods in which you did not use the Service, and yearly subscriptions cancelled part way through the year. The free trial exists so that you can evaluate the Service fully before any money changes hands, and it is the refund policy. If you believe you have been charged in error, contact [email protected] within 30 days and we will investigate it properly.

Failed payments. If a charge fails, we may retry it and we may suspend access to your workspace and pause your published funnels until payment succeeds. Accounts left unpaid may be closed and their data deleted in line with section 9.

Chargebacks. If you dispute a charge with your bank rather than raising it with us, we may suspend or close your account immediately. Please contact us first, because most disputes are a misunderstanding we can resolve the same day.

Price changes. We may change our prices. We will give you at least 30 days notice by email before a change affects you, and it takes effect at your next renewal. If you do not accept a new price, cancel before that renewal.

Tax. Fees are exclusive of sales tax, VAT, GST and similar taxes, which are added where we are required to collect them. You are responsible for any other taxes arising from your own business.

6. Payments taken by you from your customers

Payments made by your customers through funnels you build are processed through your own payment processor account, using credentials you provide. That money never passes through us and we take no percentage of it.

You are the seller and the merchant of record for everything you sell. That means you, and not us, are responsible for: the product or service you deliver; your own terms, refund policy and customer support; fulfilment; pricing and tax collection; chargebacks and disputes; and compliance with consumer protection, distance selling, subscription disclosure and advertising law wherever your customers are.

Your relationship with your payment processor is governed by your agreement with them. Their fees, payout schedules, holds, reserves and account decisions are theirs, not ours, and we have no ability to release, reverse or expedite anything in your processor account.

You are responsible for keeping the credentials you connect secure and for revoking them if they are compromised. You agree to indemnify us in respect of claims brought by your customers, your payment processor or any regulator arising from what you sell or how you sell it.

7. Acceptable use

You must not use the Service to publish, sell or promote: anything illegal where you or your customers are; deceptive claims, fake scarcity, fabricated testimonials, fake earnings claims or invented endorsements; adult content; weapons, illegal drugs or controlled substances; counterfeit or infringing goods; malware, phishing pages, or pages impersonating another brand or person; multi-level marketing recruitment, get-rich-quick schemes or investment offers you are not licensed to make; or anything that violates the rules of your payment processor.

You must not send unsolicited bulk email or messages to promote pages you host with us, buy or scrape contact lists, or collect personal data through our forms without the lawful basis and the notices your own jurisdiction requires.

You must not resell, sublicense, white-label or provide the Service to third parties as your own product, copy or reverse engineer the Service, use it to build a competing product, or place unreasonable load on our infrastructure through automated or abusive traffic.

We may investigate suspected breaches, and may remove content, suspend a funnel or suspend an account where we reasonably believe this section has been breached or where continued operation would expose us or other customers to legal risk. Where the risk allows, we will tell you first and give you a chance to fix it.

8. Your content, and our rights in the Service

Your content stays yours. The funnels, pages, copy, images, products and customer data you put into the Service belong to you. We claim no ownership of them.

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit and display that content strictly for the purpose of operating the Service for you, providing support, keeping backups and complying with the law. That licence ends when you delete the content or close your account, except for backups pending routine deletion.

You confirm that you own or are licensed to use everything you upload, and that it does not infringe anyone else's rights.

Our rights. The Service, including its software, design, templates, documentation and brand, is owned by us and our licensors. You get a limited, non-exclusive, non-transferable right to use it during your subscription, and nothing more. Pages and templates you create using the Service are yours to use as you wish.

Feedback. If you send us suggestions, we may use them without restriction or obligation to you.

9. Suspension, termination and what happens to your data

You may close your account at any time from your account settings.

We may suspend or terminate your account: for non-payment; for a breach of these terms; where required by law; or where your use presents a genuine security or legal risk to us or to other customers. Except where the breach is serious or urgent, we will give you notice and a reasonable opportunity to put it right.

We may also discontinue the Service entirely on 60 days notice, in which case we will refund the unused portion of any period you have already paid for.

After termination. Your published funnels stop being served. You can export your contacts, leads and orders at any time while your account is open, and we strongly recommend doing so before you cancel. We retain workspace data for 30 days after closure so that an account closed by mistake can be restored, and permanently delete it after that, save for records we are required to keep such as invoices and payment records.

Sections covering fees already due, your content licence for backups, acceptable use, liability, indemnity and governing law survive termination.

10. Availability, support and no warranty

We work to keep the Service available and fast, and we take backups. We do not, however, offer a contractual uptime guarantee or service credits on these terms. Interruptions can be caused by maintenance, by faults, and by third parties we depend on, including hosting providers, payment processors, domain and certificate providers and email providers.

Support is provided by email at [email protected] during normal business hours. We aim to respond within one business day. Support does not include writing your copy, building your funnels, or advising on your marketing, tax or legal obligations.

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, secure, error-free, or that any data will not be lost. Some jurisdictions do not allow the exclusion of certain warranties, in which case this exclusion applies only as far as that law allows.

You are responsible for keeping your own copies of anything you cannot afford to lose. The export tools in your workspace exist for exactly that reason.

11. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, sales, goodwill, business opportunity, anticipated savings, ad spend, or data, however caused and whether or not we were advised such loss was possible.

Our total aggregate liability to you arising out of or in connection with these terms or the Service, whether in contract, tort (including negligence), or otherwise, is limited to the total amount you actually paid us in the twelve months immediately before the event giving rise to the claim. Where you have paid us nothing, our liability is limited to one hundred US dollars.

In particular, and without limiting the above, we are not liable for: sales you did not make; revenue lost while the Service or your funnels were unavailable; payments held, reversed, refunded or disputed in your payment processor account; the acts, omissions or failures of third-party providers; or any consequence of your own configuration, content, pricing or business decisions.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

You agree that these limits are a reasonable allocation of risk given the price of the Service, and that we would not offer it at this price without them.

12. Indemnity

You agree to defend, indemnify and hold harmless the company operating soFunnels, its officers, employees and contractors from and against any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost or expense (including reasonable legal fees) arising out of or connected with: your content; the products or services you sell; your marketing claims; your handling of your customers' personal data; your breach of these terms or of any law; or any dispute between you and one of your customers or your payment processor.

We will notify you of any such claim, allow you to control the defence with counsel of your choice reasonably acceptable to us, and cooperate reasonably at your expense. You may not settle a claim in a way that admits fault on our part or imposes an obligation on us without our written consent.

13. Changes to these terms

We may update these terms. For material changes we will give you at least 30 days notice by email or through the Service before they take effect, and the date at the top of this page always shows when it last changed.

Continuing to use the Service after a change takes effect means you accept the updated terms. If you do not accept them, cancel your subscription before they take effect and the previous terms govern the period you already paid for.

14. Governing law and disputes

These terms and any dispute arising out of them or the Service are governed by the laws of the jurisdiction in which soFunnels is established, without regard to conflict of law rules, and you and we submit to the exclusive jurisdiction of its courts.

Before starting any formal proceeding, you agree to contact us at [email protected] and give us 30 days to resolve the matter informally. Most disputes end there.

Any claim must be brought within one year of the events giving rise to it, or it is permanently barred, except where a longer period is required by law. Claims must be brought individually and not as a class or representative action, to the extent that law allows.

15. General

These terms, together with the Privacy Policy, are the entire agreement between you and us about the Service, and replace anything said before, including anything on our marketing pages. You do not rely on any statement not set out here.

If any part of these terms is found unenforceable, the rest continues to apply and the unenforceable part is read down to the minimum extent needed to make it valid.

A failure to enforce a right is not a waiver of it. You may not assign or transfer this agreement without our written consent. We may assign it to a successor in connection with a merger, acquisition or sale of assets.

We are not liable for any failure or delay caused by events beyond our reasonable control, including outages at hosting, network, payment or certificate providers, cyber attacks, natural events, or government action.

Nothing in these terms creates a partnership, joint venture, agency or employment relationship between us.

Questions about these terms go to [email protected].