Terms and Conditions of Service

Effective Date: 11 January 2024 | Last Updated: 26 July 2025

Governed by the laws of New South Wales, Australia.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE FUNNELED PLATFORM. BY CLICKING “AGREE”, BOOKING A DEMO, ACCESSING THE PLATFORM, OR PAYING FOR A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS ARE PERIODICALLY UPDATED.

These Terms and Conditions (“Terms”) constitute a legally binding agreement between Funneled (“Funneled”, “we”, “us”, or “our”) and you (“Customer”, “you”, or “your”) governing your access to and use of the Funneled no-code funnel building platform, including all associated software, tools, features, analytics, integrations, and services (collectively, the “Platform” or “Service”). Plutocracy PTY LTD trading as Funneled or “Get Funneled”.

These Terms are a standard form contract governed by the laws of New South Wales, Australia, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“ACL”), the Privacy Act 1988 (Cth), and all other applicable Commonwealth and State legislation. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the ACL or any other applicable law that cannot be lawfully excluded or modified.

1. Acceptance of Terms

1.1 By accessing or using the Platform in any manner, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal authority to enter into these Terms on behalf of yourself or any entity you represent; and (c) your use of the Platform will comply with all applicable laws and regulations.

1.2 If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not have such authority, you must not accept these Terms or use the Platform.

1.3 Funneled reserves the right to update or modify these Terms at any time. We will provide at least fourteen (14) days’ notice of material changes via email or through the Platform. Your continued use of the Platform after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and cancel your subscription.

1.4 Unfair Contract Terms Notice. These Terms are a standard form contract within the meaning of the ACL. The unfair contract terms provisions under Part 2-3 of the ACL apply to this agreement where you are a consumer or a small business (as defined in the ACL). Funneled does not intend to include any term that constitutes an unfair contract term under section 24 of the ACL. If any term is found to be unfair, that term is void to the extent of the unfairness.

2. Description of Service

2.1 Funneled provides a no-code, AI-assisted funnel builder platform that enables performance marketers, direct-to-consumer (DTC) operators, and growth agencies to create, test, and deploy conversion-focused landing pages and funnels (the “Platform”).

2.2 The Platform is provided on a subscription basis. Features available to you depend on your selected subscription tier. Funneled reserves the right to modify or update the Platform at any time. Where a material reduction in functionality is made, Funneled will provide at least thirty (30) days’ written notice.

2.3 The Platform is intended for legitimate business purposes only. Any use in violation of applicable Australian law, including the ACL, the Spam Act 2003 (Cth), the Australian Privacy Principles, third-party platform policies (including Meta, TikTok, and Google), or any applicable advertising codes and standards, is expressly prohibited.

2.4 Funneled does not guarantee that the Platform will achieve any particular marketing, conversion, ROAS, or business outcome. Results depend on many factors outside Funneled’s control, including your creative assets, offer, audience, and market conditions.

3. Subscription, Billing, and Payment

3.1 Subscription Plans. Access to the Platform requires a paid subscription. Subscription tiers are:

Starter Plan: USD $349 per month — for lean teams and growing stores under $2M revenue
Growth Plan: USD $699 per month — for scaling brands and teams with $2M+ revenue
Performance Plan: Custom pricing agreed in writing — for high-velocity teams

3.2 Billing Cycle. Subscription fees are billed monthly in advance on the date of your initial subscription activation. All amounts are in United States Dollars (USD) unless otherwise agreed in writing.

3.3 GST. Where Funneled is required to collect Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), GST will be added to the applicable fees. Funneled will issue a valid tax invoice as required under Australian law.

3.4 Auto-Renewal. Subscriptions automatically renew at the end of each billing period unless you cancel at least five (5) business days prior to the next renewal date by contacting Funneled in writing.

3.5 Price Changes. Funneled may change subscription pricing on thirty (30) days’ written notice. Continued use of the Platform after the effective date of a price change constitutes acceptance of the new pricing. If you do not accept the new pricing, you may terminate your subscription before the change takes effect and receive a pro-rata refund of any prepaid fees for the unused period.

3.6 Refunds. Except as required by the ACL or other applicable Australian law, subscription fees are non-refundable. Where a statutory guarantee applies and you are entitled to a refund, Funneled will process any required refund within fifteen (15) business days.

4. Intellectual Property Rights

4.1 Platform Ownership. The Platform, including all software, algorithms, AI models, templates, designs, text, graphics, and other content provided by Funneled, are and remain the exclusive intellectual property of Funneled or its licensors, protected by the Copyright Act 1968 (Cth) and other applicable Australian and international intellectual property laws.

4.2 Licence Grant. Subject to your compliance with these Terms and payment of applicable fees, Funneled grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal business purposes during the subscription term.

4.3 Customer Content. You retain ownership of all content, data, creative assets, and materials you upload to the Platform (“Customer Content”). By uploading Customer Content, you grant Funneled a limited, non-exclusive, royalty-free licence to access, process, and use such content solely to provide the Service to you.

4.4 Moral Rights. To the extent permitted by the Copyright Act 1968 (Cth), you consent to Funneled using Customer Content for the sole purpose of providing the Service, without attribution.

4.5 Feedback. Any feedback, suggestions, or ideas you provide regarding the Platform may be used by Funneled without restriction or compensation to you.

5. Acceptable Use and Prohibited Conduct

5.1 You agree not to use the Platform to:

Violate any applicable law or regulation, including the ACL, Spam Act 2003 (Cth), or Do Not Call Register Act 2006 (Cth)
Engage in misleading or deceptive conduct, or make false or misleading representations, in contravention of sections 18 or 29 of the ACL
Create funnels or content that is unconscionable within the meaning of Part 2-2 of the ACL
Infringe any intellectual property rights of third parties, including under the Copyright Act 1968 (Cth) or Trade Marks Act 1995 (Cth)
Collect, use, or disclose personal information in breach of the Privacy Act 1988 (Cth) or the Australian Privacy Principles (APPs)
Send unsolicited commercial electronic messages in breach of the Spam Act 2003 (Cth)
Distribute malware, harmful code, or conduct phishing or cyberattacks
Reverse-engineer, decompile, or attempt to extract the Platform’s source code, algorithms, or infrastructure
Resell, sublicense, or make the Platform available to third parties without prior written consent from Funneled

5.2 Funneled reserves the right to suspend or terminate your account immediately and without notice if you breach any provision of these acceptable use requirements.

5.3 You are solely responsible for the content of any funnels, landing pages, or advertisements you create, publish, or operate using the Platform and for ensuring they comply with all applicable laws, including the ACL, Australian advertising standards, and the policies of any third-party platform on which they are published.

6. Customer-Facing Third-Party Integrations

6.1 The Platform integrates with third-party services that you elect to connect, including without limitation Shopify, Meta (Facebook), TikTok, Google, Yotpo, Okendo, and others (“Third-Party Services”). Your use of Third-Party Services is governed by their respective terms and conditions, which are independent of these Terms.

6.2 Funneled makes no representations or warranties regarding the availability, accuracy, reliability, or security of any Third-Party Service. Funneled is not a supplier of Third-Party Services and is not responsible for any act or omission of a third-party provider.

6.3 You are solely responsible for obtaining all necessary rights, authorisations, and access credentials required to connect Third-Party Services to the Platform, and for ensuring such connections comply with the relevant third-party terms and Australian law.

6.4 To the extent permitted by the ACL, Funneled is not liable for any loss, damage, data breach, or harm arising from your use of or connection to Third-Party Services through the Platform.

7. Upstream Infrastructure and Service Providers

7.1 Platform Dependencies. The Platform is built upon and relies on a range of upstream infrastructure providers, cloud services, network providers, and technology vendors (“Upstream Providers”). These Upstream Providers are independent of Funneled and supply foundational services that are essential to the Platform’s operation. Upstream Providers include, without limitation:

Cloudflare, Inc. — for content delivery network (CDN) services, DDoS protection, DNS resolution, load balancing, and edge network routing. The Platform’s global availability, published funnel performance, and page load speed depend materially on Cloudflare’s network. Any Cloudflare outage, rate limiting, IP blocking, or policy change may render published funnels and landing pages temporarily inaccessible or degraded, for which Funneled accepts no liability.
GeoIP and geolocation data providers (including MaxMind and similar services) — for IP-based geolocation, geographic audience targeting, and location-based traffic routing. The accuracy, completeness, and availability of geolocation data is entirely dependent on these third-party databases and is not warranted by Funneled. Errors in GeoIP data may result in incorrect geographic targeting, misdirected traffic, or failed location rules.
Cloud infrastructure providers — including providers such as Amazon Web Services (AWS), Google Cloud Platform (GCP), or Microsoft Azure, which host the Platform’s servers, databases, storage, and compute resources. Any outage, degradation, data loss, or security incident at the infrastructure level is beyond Funneled’s direct control.
AI model API providers — including providers of large language model and machine learning APIs used to power the Platform’s AI copy generation, creative analysis, layout recommendations, and content features. The quality, consistency, availability, and output of AI-generated content is dependent on these third-party model providers and may change without notice.
Payment processing providers — for the processing and settlement of subscription fees and billing transactions. Funneled is not responsible for payment failures, fraud, or errors caused by a payment processor.
Email and transactional communication providers — for the delivery of account notifications, system alerts, onboarding emails, and other Platform communications. Funneled does not guarantee delivery of communications where failure is caused by an upstream email provider.
Domain Name System (DNS) registrars and resolvers — for domain routing and resolution of custom domain names connected to published funnels and landing pages. DNS propagation delays, resolver failures, or registrar outages may affect the availability of custom domains and are outside Funneled’s control.
SSL/TLS certificate authorities — for HTTPS encryption and security certificates applied to published pages. Certificate revocation, expiry caused by an upstream authority, or CA policy changes are outside Funneled’s control.
Any other software-as-a-service (SaaS) tools, APIs, data feeds, or infrastructure components that Funneled uses to build, host, or operate the Platform from time to time.

7.2 No Warranty Over Upstream Providers. Funneled does not own, operate, or control any Upstream Provider. Funneled makes no warranty, representation, or guarantee — express or implied — regarding the availability, performance, security, accuracy, or reliability of any Upstream Provider or the services they supply. The Platform’s functionality, uptime, speed, geolocation accuracy, AI output quality, DNS resolution, and security posture are all subject to the performance and availability of Upstream Providers at any given time.

7.3 Exclusion of Liability for Upstream Failures. To the maximum extent permitted by the ACL and applicable Australian law, Funneled is not liable for any loss, damage, claim, cost, or expense — whether direct, indirect, or consequential — arising from or in connection with:

Any outage, degradation, failure, rate-limiting, blocking, or interruption of Cloudflare’s CDN, DNS, or DDoS protection services, or any resulting unavailability or degraded performance of published funnels or landing pages
Any inaccuracy, unavailability, outdated data, or error in GeoIP or geolocation databases that results in incorrect geographic targeting, misdirected ad traffic, failed location-based rules, or incorrectly served content
Any failure, outage, data loss, latency, or security incident caused by or attributable to a cloud infrastructure provider hosting the Platform’s servers or databases
Any degradation, change in output quality or format, increased latency, rate-limiting, or unavailability of AI model APIs that affects the quality, speed, consistency, or availability of AI-generated content within the Platform
Any delay, failure, bounce, or filtering of communications caused by an upstream email or notification delivery provider
Any DNS resolution failure, misconfiguration, or propagation delay that affects the availability or routing of custom domains connected to published funnels
Any SSL/TLS certificate expiry, revocation, or error caused by an upstream certificate authority that results in security warnings or inaccessibility of published pages
Any change in the terms of service, pricing, API specifications, rate limits, or availability of any Upstream Provider that requires Funneled to modify, suspend, or discontinue any feature or functionality of the Platform

7.4 Upstream Provider Terms. Your use of the Platform may be indirectly subject to the terms and conditions of relevant Upstream Providers. By using the Platform, you acknowledge that Funneled’s ability to deliver the Service is contingent on those providers continuing to make their services available to Funneled on commercially reasonable terms. Funneled will use commercially reasonable efforts to monitor material changes to key Upstream Provider terms and notify you where such changes materially affect the Service.

7.5 Mitigation and Substitution. Funneled will use commercially reasonable efforts to: (a) monitor the availability and performance of key Upstream Providers; (b) implement redundancy or failover measures where commercially practicable; and (c) substitute an alternative Upstream Provider where a critical provider becomes unavailable or materially changes its service. Funneled provides no guarantee that any such substitution will be seamless, immediate, or without disruption to the Platform.

7.6 Force Majeure Interaction. Where an Upstream Provider failure constitutes or contributes to a Force Majeure Event under Clause 16.5, Funneled’s obligations under these Terms are suspended to the extent and for the duration of that event.

8. Australian Consumer Law — Consumer Guarantees

8.1 ACL Guarantees. Under the ACL, certain guarantees apply to the supply of services that cannot be excluded. These include guarantees that services will be: (a) rendered with due care and skill; (b) fit for any purpose that you made known to Funneled before entering into these Terms; and (c) supplied within a reasonable time (where no time is fixed).

8.2 Business Customers — Limitation of Remedy. The Platform is a service ordinarily acquired for business purposes and not for personal, domestic, or household use. To the extent permitted by section 64A of the ACL, where the Platform is not ordinarily acquired for personal, domestic, or household use, Funneled limits its liability for a failure to comply with a guarantee under sections 60 to 62 of the ACL to one or more of the following (at Funneled’s election):

Supplying the services again; or
Paying the cost of having the services supplied again.

Note: This limitation applies only to the extent permitted by law and does not exclude rights you cannot lawfully waive.

8.3 Consumer Customers. If you are a “consumer” as defined under the ACL (i.e., you acquire the services for personal, domestic, or household purposes, or the services cost $100,000 or less), the limitations in Clause 8.2 do not apply, and you retain the full benefit of all ACL guarantees. Nothing in these Terms operates to restrict, limit, or modify those rights.

8.4 Exclusion of Other Implied Terms. Subject to Clauses 8.1 to 8.3, to the maximum extent permitted by law, all implied terms, warranties, representations, and conditions that can lawfully be excluded are hereby excluded from these Terms.

8.5 No Warranty of Error-Free or Uninterrupted Service. Subject to Clauses 8.1 to 8.3 and to the maximum extent permitted by the ACL and applicable Australian law, Funneled does not warrant, represent, or guarantee that:

The Platform will be error-free, bug-free, or free from defects in code, logic, or output
The Platform will operate without interruption, delay, or degradation at any time
Any errors, defects, or bugs in the Platform will be identified, reported, or corrected within any particular timeframe
AI-generated content, copy, layouts, recommendations, or other outputs produced by the Platform will be accurate, complete, suitable for any particular purpose, or free from errors
Data processed through the Platform will be free from corruption, loss, or inaccuracy

These limitations reflect the nature of software-as-a-service products that depend on Upstream Providers and do not affect your rights under the consumer guarantees in Clauses 8.1 to 8.3 where those guarantees cannot lawfully be excluded. Where an error or defect in the Platform constitutes a failure to comply with a guarantee under sections 60 to 62 of the ACL, your remedy is as set out in Clauses 8.2 and 8.3.

8.6 AI-Generated Content. AI-generated content, copy, layouts, and recommendations provided by the Platform are produced algorithmically and are provided for informational and creative purposes only. You are solely responsible for reviewing, editing, and approving all AI-generated output before publication. Funneled expressly disclaims any liability for loss or damage arising from your reliance on unreviewed AI-generated output, to the extent permitted by law.

9. Limitation of Liability

9.1 Maximum Liability Cap. Subject always to Clause 8 (Australian Consumer Law — Consumer Guarantees) and Clause 9.5 (Exceptions), and to the maximum extent permitted by the ACL and applicable Australian law, Funneled’s total aggregate liability to you for all claims arising out of or related to these Terms or your use of the Platform — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total subscription fees actually paid by you to Funneled during the calendar month in which the event giving rise to the claim first occurred (the “Liability Cap”).

9.2 Monthly Cap Illustration. By way of example only:

If you are on the Starter Plan (USD $349/month) and an issue occurs in a given month, the Liability Cap for claims arising from that issue is USD $349.
If you are on the Growth Plan (USD $699/month), the Liability Cap for that month is USD $699.
If you are on a custom Performance Plan, the Liability Cap is the amount invoiced and paid for the calendar month in which the issue occurred.

9.3 Exclusion of Consequential Loss. Subject to Clause 8 and Clause 9.5, and to the maximum extent permitted by law, Funneled excludes all liability for:

Loss of profit, revenue, or anticipated savings
Loss of business, contracts, or opportunities
Loss of goodwill or damage to reputation
Loss, corruption, or destruction of data or records
Increased costs of working or wasted expenditure
Any indirect, special, incidental, punitive, or consequential loss or damage of any kind

whether or not Funneled was advised of the possibility of such loss or damage, and regardless of the theory of liability. For the avoidance of doubt, this exclusion applies to loss arising from the failure of any Upstream Provider described in Clause 7.

9.4 Basis of the Bargain. You acknowledge that the Liability Cap in Clause 9.1 and the exclusions in Clause 9.3 reflect a reasonable and fair allocation of risk between the parties, having regard to: (a) the subscription fees charged for the Service; (b) the fact that the Platform is a self-service software tool dependent on Upstream Providers outside Funneled’s control; and (c) the fact that Funneled is an early-stage startup and that the pricing does not reflect an assumption of unlimited liability. These limitations are an essential element of the commercial arrangement and Funneled would not have entered into these Terms without them.

9.5 Exceptions — Non-Excludable Liability. Nothing in these Terms limits or excludes Funneled’s liability for:

Death or personal injury caused by Funneled’s negligence
Fraud, fraudulent misrepresentation, or wilful misconduct by Funneled
Any liability that cannot be excluded or limited under the ACL or other applicable Australian law, including the consumer guarantees in Division 1 of Part 3-2 of the ACL

9.6 Duty to Mitigate. You must take all reasonable steps to mitigate any loss or damage suffered. Funneled’s liability shall be reduced to the extent that any loss or damage is attributable to your failure to take reasonable steps to mitigate.

9.7 Time Limitation on Claims. Any claim arising out of or in connection with these Terms must be brought within twelve (12) months of the date on which the claimant became aware (or ought reasonably to have become aware) of the facts giving rise to the claim, after which the right to bring such a claim is extinguished.

10. Indemnification

10.1 You agree to indemnify, defend, and hold harmless Funneled and its officers, directors, employees, contractors, agents, and affiliates from and against any claims, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable legal fees on a solicitor-client basis) arising out of or relating to:

Your use or misuse of the Platform
Your breach of these Terms
Your violation of any applicable law or regulation, including the ACL, Privacy Act, or Spam Act
Your Customer Content, including any claim that it infringes a third party’s intellectual property rights
Your connection or use of Third-Party Services through the Platform
Any advertising campaigns, landing pages, or funnels you create, publish, or operate using the Platform

10.2 Funneled reserves the right, at its own expense, to assume control of any matter subject to indemnification. You agree to cooperate with Funneled’s defence of any such claim and shall not settle any such claim without Funneled’s prior written consent. This indemnity is in addition to and does not limit any other remedy available to Funneled.

11. Privacy and Data Protection

11.1 Privacy Act Compliance. Funneled handles personal information in accordance with the Privacy Act 1988 (Cth) and the thirteen Australian Privacy Principles (APPs). Funneled’s Privacy Policy, available at getfunneled.com/privacy, forms part of these Terms and sets out how Funneled collects, holds, uses, and discloses personal information.

11.2 Notifiable Data Breaches. Funneled is subject to the Notifiable Data Breaches (NDB) scheme under Part IIIC of the Privacy Act 1988 (Cth). In the event of an eligible data breach that is likely to result in serious harm to affected individuals, Funneled will notify the Australian Information Commissioner and affected individuals as required by law.

11.3 Customer Obligations. You acknowledge that the Platform may process personal information relating to your end-users or customers. You are solely responsible for ensuring that your collection, use, and disclosure of personal information in connection with the Platform complies with all applicable laws, including the Privacy Act 1988 (Cth), the APPs, and (where relevant) the GDPR or other overseas privacy frameworks.

11.4 Cross-Border Disclosure. Funneled may disclose personal information to overseas recipients (including Upstream Providers and cloud service providers located outside Australia) where necessary to provide the Platform. Before doing so, Funneled will take reasonable steps to ensure that overseas recipients handle personal information consistently with the APPs, in accordance with APP 8.

11.5 Security. Funneled implements commercially reasonable technical and organisational security measures to protect personal information and Customer Content against unauthorised access, loss, misuse, or disclosure. However, no system is completely secure and Funneled does not warrant absolute security. Funneled’s liability for any data breach or security incident is subject to the Liability Cap in Clause 9.1, to the extent permitted by law.

11.6 Account Security. You are responsible for maintaining the confidentiality of your account credentials. You must notify Funneled immediately if you become aware of any unauthorised access to or use of your account.

11.7 Electronic Communications. By accepting these Terms and using the Platform, you consent to receiving electronic communications from Funneled in accordance with the Spam Act 2003 (Cth). You may unsubscribe from marketing communications at any time using the unsubscribe link in any such communication.

12. Service Availability, Error Reporting, and Downtime

12.1 Availability. Funneled will use commercially reasonable efforts to ensure the Platform is available 24 hours a day, 7 days a week, but does not guarantee any specific level of uptime or availability. The Platform may be unavailable due to scheduled maintenance, emergency maintenance, Upstream Provider outages, force majeure events, or other circumstances beyond Funneled’s reasonable control.

12.2 No Warranty of Error-Free Operation. Without limiting Clause 8.5, Funneled does not warrant that the Platform will be free from errors, bugs, defects, or interruptions at any time. The existence of a minor defect or error that does not materially affect the operation or intended functionality of the Platform does not constitute a breach of these Terms or of any applicable consumer guarantee.

12.3 Funneled’s Notification Obligation. Where Funneled becomes aware of a material error, defect, or outage that is reasonably likely to significantly affect your use of the Platform, Funneled will use commercially reasonable efforts to notify you within two (2) business days of becoming aware of that issue, via the email address associated with your account. Funneled will also provide a reasonable update on the steps being taken to investigate and, where possible, resolve the issue.

12.4 Customer’s Notification Obligation. If you become aware of any error, defect, bug, security vulnerability, or unexpected behaviour affecting the Platform, you must notify Funneled in writing at james@getfunneled.com within two (2) business days of becoming aware of the issue, with sufficient detail to allow Funneled to investigate and reproduce the issue. Failure to provide timely notification may limit your ability to recover loss or damage that could have been avoided or mitigated had Funneled received earlier notice.

12.5 Remedies for Outages. Where Funneled is responsible for a material or prolonged outage that is not attributable to an Upstream Provider failure (as described in Clause 7), force majeure, or other third-party cause, and you notify Funneled in accordance with Clause 12.4, Funneled will consider in good faith an appropriate remedy, which may include service credits, pro-rata fee adjustments, or re-performance of affected services. In all cases, Funneled’s liability for outages is subject to the Liability Cap in Clause 9.1 to the extent permitted by the ACL.

12.6 Scheduled Maintenance. Funneled will provide reasonable advance notice of scheduled maintenance where practicable, and will use commercially reasonable efforts to restore service promptly following any unplanned outage.

13. Term and Termination

13.1 These Terms commence on the date you first access or use the Platform and continue until terminated in accordance with this clause.

13.2 Termination by You. You may terminate your subscription at any time by providing written notice to Funneled. Termination will take effect at the end of your current billing period. No refunds will be issued for any unused portion of a subscription period, except as required by the ACL.

13.3 Termination by Funneled for Cause. Funneled may terminate or suspend your access to the Platform immediately and without notice if: (a) you breach any material provision of these Terms and fail to remedy that breach within seven (7) days of written notice; or (b) you engage in conduct that is illegal, fraudulent, or harmful to Funneled or third parties.

13.4 Termination by Funneled for Convenience. Funneled may terminate these Terms and the Service for convenience on thirty (30) days’ written notice. In such case, Funneled will refund any prepaid subscription fees on a pro-rata basis for the unused portion of the current billing period.

13.5 Effect of Termination. Upon termination: (a) your licence to use the Platform immediately ceases; (b) you must cease all use of the Platform; and (c) Funneled may delete your Customer Content and account data after providing thirty (30) days’ notice of the deletion, during which time you may export your data.

13.6 Survival. Clauses 4, 7, 8, 9, 10, 11, 14, 15, and 16 survive termination of these Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia, and any courts of appeal from them.

14.2 Complaint Process. If you have a complaint or dispute with Funneled relating to the Platform or these Terms, you must contact Funneled in writing at james@getfunneled.com with full particulars of the dispute. Funneled will acknowledge receipt within five (5) business days and use good faith efforts to resolve the dispute within twenty (20) business days.

14.3 Mediation. If a dispute is not resolved through the complaint process within thirty (30) days, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in accordance with the ADC Mediation Guidelines. The place of mediation shall be Tweed Heads, New South Wales. The language of mediation shall be English. Costs of mediation shall be shared equally unless otherwise agreed.

14.4 Litigation. If mediation is unsuccessful within sixty (60) days of referral, either party may commence proceedings in a court of competent jurisdiction in New South Wales. Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.

14.5 Australian Consumer Law Complaints. Nothing in this clause prevents you from making a complaint to the Australian Competition and Consumer Commission (ACCC), the Office of the Australian Information Commissioner (OAIC), a State or Territory fair trading body, or any other applicable regulatory authority.

14.6 Small Claims. For disputes involving amounts within the jurisdiction of the NSW Civil and Administrative Tribunal (NCAT) or the Federal Circuit and Family Court of Australia, either party may elect to have the dispute resolved by that tribunal or court without first completing the mediation process.

15. Complaints, Regulatory Bodies, and External Dispute Resolution

15.1 If you are not satisfied with how Funneled has handled a complaint, you have the right to contact the following Australian regulatory bodies:

Australian Competition and Consumer Commission (ACCC): accc.gov.au — for complaints relating to consumer rights and the ACL
Office of the Australian Information Commissioner (OAIC): oaic.gov.au — for complaints relating to privacy and personal information
NSW Fair Trading: fairtrading.nsw.gov.au — for consumer complaints in New South Wales
NSW Civil and Administrative Tribunal (NCAT): ncat.nsw.gov.au — for civil disputes within applicable jurisdictional thresholds
Australian Financial Complaints Authority (AFCA): afca.org.au — if your dispute relates to a financial service

15.2 Funneled will cooperate with any investigation or inquiry conducted by an applicable regulatory body.

16. General Provisions

16.1 Entire Agreement. These Terms, together with the Privacy Policy and any order form or subscription agreement signed by both parties, constitute the entire agreement between you and Funneled with respect to the Platform and supersede all prior agreements, representations, and understandings.

16.2 Severability. If any provision of these Terms is found by a court to be unlawful, void, or unenforceable (including if found to be an unfair contract term under the ACL), that provision is severed without affecting the remaining provisions. Funneled will replace any severed provision with a valid provision that most closely reflects the original intent, to the extent permitted by law.

16.3 No Waiver. Funneled’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.4 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without Funneled’s prior written consent. Funneled may assign these Terms to a related body corporate (as defined in the Corporations Act 2001 (Cth)) or a successor entity without your consent, provided that the assignee assumes all of Funneled’s obligations under these Terms.

16.5 Force Majeure. Funneled is not liable for any delay or failure to perform its obligations under these Terms caused by events beyond its reasonable control, including natural disasters, acts of government or public authority, power or internet failures, cyberattacks, Upstream Provider outages or failures, or other third-party service failures (“Force Majeure Event”). Funneled will notify you as soon as practicable of any Force Majeure Event and will use reasonable efforts to resume performance as soon as possible.

16.6 Notices. All legal notices to Funneled must be sent in writing to james@getfunneled.com or to Funneled’s registered address as published on the Australian Securities and Investments Commission (ASIC) register. Notices from Funneled to you will be sent to the email address associated with your account and are deemed received 24 hours after sending.

16.7 Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties. Each party is an independent contractor.

16.8 Corporations Act. These Terms do not operate to limit any right or obligation arising under the Corporations Act 2001 (Cth) or any applicable ASIC instrument.

16.9 Counterparts. These Terms may be accepted electronically. Electronic acceptance (including by clicking “I agree” or by use of the Platform) constitutes a legally binding signature under applicable Australian electronic transactions legislation, including the Electronic Transactions Act 1999 (Cth).

17. Contact Information

For all enquiries, complaints, or legal notices, please contact Funneled at:

Funneled Website: getfunneled.com Legal & Privacy: james@getfunneled.com Booking: cal.com/jameshamelsmith/30min

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