Terms of Service

If you do not agree, please do not use the Services. If you use the Services on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity.

1. The Services

funnls is an AI marketing platform for direct-to-consumer brands. We help small e-commerce teams generate brand books, ad creative, email flows, and other marketing assets. Optionally, you can connect third-party platforms (Shopify, Meta, Google, Klaviyo, others) so funnls can pull your data and (where you authorize it) push AI-generated assets back to those platforms on your behalf.

2. Your account

You must be at least 18 years old to use funnls. You are responsible for keeping your account credentials secure, for all activity under your account, and for ensuring that anyone you give access to is bound by these Terms. Notify us immediately of any unauthorized access at hey@funnls.ai.

3. Connected platforms

When you connect a third-party platform via OAuth, you authorize funnls to access that platform under the scopes you grant. You are responsible for ensuring you have the right to grant that access (e.g. you are an admin of the relevant Shopify store, Meta business manager, or other account). Each connected platform has its own terms of service that continue to apply alongside these Terms.

You can revoke any connection at any time from your funnls integrations page or directly from the connected platform. Revoking access stops further data flow but does not retroactively delete data already retrieved; see our Privacy Policy for retention details.

4. AI-generated outputs

funnls produces AI-generated content (brand books, ad creative, email copy, taglines, recommendations). You acknowledge that:

• AI outputs may be inaccurate, incomplete, or unsuitable for a particular use. You are responsible for reviewing all AI-generated content before publishing it.
• AI outputs may resemble outputs generated for other users; we make no warranty of uniqueness.
• You are responsible for ensuring all content you publish via funnls (including AI-generated content) complies with applicable law and the policies of any platform you publish to (Meta’s Advertising Policies, Google Ads policies, Shopify’s Acceptable Use Policy, etc.).
• Subject to these Terms and your payment of applicable fees, you own the AI outputs we generate for you and may use them commercially. To the extent we have any rights in the outputs, we grant you a worldwide, non-exclusive, royalty-free licence to use them.

5. Acceptable use

You agree not to:

• Use the Services in violation of any law or third-party right.
• Generate or publish content that is misleading, deceptive, fraudulent, hateful, harassing, or that violates intellectual property, privacy, or publicity rights.
• Generate or publish content that violates the policies of a connected platform (e.g. Meta’s Advertising Policies, Google Ads policies, Shopify’s prohibited and restricted items list).
• Reverse-engineer, scrape, or attempt to extract source code or AI model parameters from the Services.
• Resell, sublicense, or operate the Services as a service for others without our prior written consent.
• Interfere with the Services, attempt to gain unauthorized access, or exceed reasonable rate limits.

We may suspend or terminate accounts that violate these rules.

6. Fees and billing

Some features are free; others are paid. Pricing is described on our pricing page or in your order form. Fees are non-refundable except where required by law. You authorize us (or our payment processor) to charge the payment method you provide for all fees incurred. We may change prices on prospective notice; if you don’t agree, you may stop using the paid features.

Invoiced amounts are due on receipt of our invoice and payable in US dollars. You will pay interest on all late payments at the lesser of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. In addition to all other remedies available under these Terms or at law, we may suspend delivery of any Services if you fail to pay any amount when due.

7. Intellectual property

funnls, the funnls marks, the Services, and all related software, designs, and content (excluding your data and AI outputs we generate for you) are the property of Funnls AI LLC or its licensors. We grant you a limited, non-exclusive, non-transferable licence to use the Services in accordance with these Terms.

You retain all rights in the data you upload or connect to funnls (your “Customer Data”). You grant funnls a worldwide, non-exclusive, royalty-free licence to use Customer Data solely as necessary to provide and improve the Services for you.

8. Confidentiality

Each party will protect the other’s confidential information with reasonable care and use it only to perform under these Terms. Confidential information does not include information that is publicly available, independently developed, or required to be disclosed by law.

9. Termination

You may terminate your account at any time from account settings or by emailing us. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or use the Services in a way that creates legal or security risk. On termination, your access ends; we will delete or anonymize your personal data per the Privacy Policy.

10. Disclaimers

The Services and AI outputs are provided “AS IS” and “AS AVAILABLE”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted operation. We do not warrant that AI outputs will be accurate, complete, suitable, or compliant with any particular platform’s policies. Connected-platform data we surface is provided as-received from the platform; we are not responsible for the platform’s data accuracy.

11. Limitation of liability

To the maximum extent permitted by law, funnls and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising from or relating to your use of the Services. Our aggregate liability for any claim arising under these Terms will not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim or (b) US$100.

11.1 Connected-platform account safety

Connecting a connected platform through funnls does not, by itself, cause that platform to suspend, restrict, or ban your account. However, content you generate or publish through funnls – including AI-generated ad creative – must comply with each platform’s own policies. You are responsible for the content you publish, and funnls disclaims liability for connected-platform actions taken in response to content you authorize for publication.

12. Indemnification

You will indemnify, defend, and hold harmless Funnls AI LLC and its affiliates, officers, employees, and agents from any third-party claims, damages, liabilities, costs, and fees (including reasonable attorneys’ fees) arising from (a) your use of the Services in breach of these Terms, (b) your Customer Data, (c) content you publish via the Services, or (d) your violation of any law or third-party right.

13. Compliance with law

You will comply with all applicable laws, regulations, and ordinances, and will maintain in effect all licenses, permissions, authorizations, consents, and permits you need to carry out your obligations under these Terms.

14. Force majeure

Neither party will be liable or deemed in breach of these Terms for any failure or delay in performing (except for your obligation to make payments) when and to the extent the failure or delay is caused by acts beyond that party’s reasonable control, including acts of God; flood, fire, hurricane, or earthquake; war, invasion, hostilities, terrorist acts, riot, or civil unrest; government order, law, or action; embargoes or blockades; and telecommunication breakdowns or power outages. The affected party will give notice within three days, use diligent efforts to end the delay, and resume performance as soon as reasonably practicable. If the failure remains uncured for 30 consecutive days after that notice, either party may terminate on 14 days’ written notice.

15. Governing law and disputes

These Terms are governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision that would cause the application of the laws of any other jurisdiction. Any legal suit, action, or proceeding arising out of or relating to these Terms will be instituted in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Miami and County of Miami-Dade, and each party irrevocably submits to the exclusive jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we’ll change the “Last updated” date and, for material changes, notify you by email or in-product notice. Continued use of the Services after changes take effect constitutes acceptance.

17. Miscellaneous

These Terms, together with the Privacy Policy, the User License Agreement, and any order forms or confirmation of sale, are the entire agreement between you and funnls, and supersede all prior or contemporaneous understandings, agreements, negotiations, and communications, both written and oral. If any provision is held invalid, illegal, or unenforceable in any jurisdiction, that does not affect any other provision or invalidate that provision in any other jurisdiction. No waiver is effective unless set out in writing and signed by us, and no failure or delay in exercising a right operates as a waiver of it. These Terms may only be amended or modified in a writing stating specifically that it amends these Terms.

The relationship between the parties is that of independent contractors; nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship. You may not assign your rights or delegate your obligations under these Terms without our prior written consent, and any purported assignment in violation of this sentence is null and void; we may assign these Terms in connection with a merger, acquisition, or sale of assets.

Notices to you will be sent to the email on your account. Notices to us must be in writing and delivered by personal delivery, nationally recognized overnight courier, email with confirmation of transmission, or certified or registered mail (return receipt requested), to hey@funnls.ai or Funnls AI LLC, 5229 NW 5th Ave, Miami, FL 33127.

Provisions of these Terms which by their nature should apply beyond their term will survive any termination or expiration, including Compliance with law, Confidentiality, Intellectual property, Disclaimers, Limitation of liability, Indemnification, Governing law and disputes, and this Survival sentence.