By using the Outfunnel services: the Outfunnel.com web site and API-accessible databases (“Service”) you (“The Client”) are agreeing (“Agreement”) to be bound by the following terms and conditions (“Terms of Service”).
“The Service Provider” is Outfunnel OÜ, a private limited company established under Estonian law, Estonian commercial register code 14469427, location Soo 44a, Tallinn, Estonia.
The Service Provider reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features, functionality, tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://Outfunnel.com/terms
Violation of any of the terms below will result in the immediate termination of your Account.
- If you do not agree, you should decline this Agreement and immediately stop using the Service. Access to the Service is permitted only to those that fully agree with the terms and conditions of this Terms of Service agreement.
- You agree that this Terms of Service Agreement and the relationship between the parties shall be exclusively governed by the laws of Estonia without regard to conflict of law principles, or international conventions. The exclusive jurisdiction for any dispute resolution is the Harju County Court in Tallinn, Estonia.
- You must provide your legal full name, a valid email address, and any other information requested by the Service Provider in order to complete the signup process and use the Service.
- Your login credentials (username and password) may only be used by one person or several people.
- You are responsible for maintaining the security of your account and password. The Service Provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- The Client undertakes to maintain full confidentiality over the Client’s passwords related to the Service and the Client’s Account. If the Client becomes aware of any unauthorized use of its password or of the Client’s Account, the Client must notify the Service Provider immediately at email@example.com.
- You are responsible for all activity that occurs under your organisation’s Outfunnel account, even when Content is added by others individuals your organisation has granted access to the Service.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws of Estonia or your jurisdiction (including, but not limited to copyright and privacy laws).
- You undertake not to harass, threaten, abuse or harm the Service Provider or other users of the Service in any way.
Refunds, Upgrading and Downgrading Terms
- A valid credit card payment or bank pre-payment is required for paid accounts.
- There is a free 14 day trial for all plans. No credit card required for signing up.
- The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partially used months or partial annual usage of the Service, no downgrade refunds, or no refunds for months unused within an accessible annually paid account.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities if not stated otherwise. The Client will be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause loss of features or capacity of your Account. The Service Provider does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time only by clicking on the cancellation link on the Billing screen by your company account administrator.
- All of your Data can be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- The Service Provider, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. The Service Provider reserves the right to refuse service to anyone for any reason at any time.
- The Service Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Outfunnel site (www.outfunnel.com) or the Service itself.
- The Service Provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- The Client acknowledges and agrees that the form and nature of the Service may change from time to time without prior notice to the Client due to the fact that the Service Provider is constantly innovating and improving the Service. Also, the Client acknowledges and agrees that the Service Provider may stop (permanently or temporarily) providing the Service (or any features within the Service) to the Client at the Service Provider’s sole discretion, without prior notice to the Client.
Content and Data Processing terms
- The Service Provider’s Content is protected by copyright. The Client many not copy, distribute, modify, rent, lease, loan, sell distribute, create derivative works, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof without the copyright owners’s respective license.
- The Service Provider claims no intellectual property rights over the content you enter, upload or provide to the Service (“Client Data”). The content uploaded by you remains yours.
- The Service provider does not pre-screen Data entered into Outfunnel, but the Service Provider and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service, if deemed unacceptable.
- The Client undertakes not to create, transmit, display or make otherwise available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, or hateful (including viruses, worms and any other destructive codes).
- If the Client uploads Client Data to the Service, such Client Data and any processing of such Client Data must be in compliance with these Terms and applicable law. By uploading Client Data to the Service, Client authorizes Supplier to process the Client Data.
- The Service Provider as the data processor will assist the Client as the data controller in meeting the Client’s obligations under Regulation (EU) 2016/679, providing subject access, and allowing data subjects to exercise their rights under Regulation (EU) 2016/679.
- For the purposes of Article 28 of Regulation (EU) 2016/679, these Terms constitute the data processing contract between the Client as the data controller and the Service Provider as the data processor. The Client hereby instructs the Service Provider to process the data as described in these Terms.
- The Service Provider provides the Service where the Client, as the data controller, can collect, store and organize the personal data of data subjects determined by the Client.
- The Service Provider provides the services and hosts the personal data by using equipment and facilities based in the European Union.
- The Service Provider will process data on behalf of the Client until the termination of the Services in accordance with these Terms. Upon termination, the Service provider will store the Client’s data for a period of two years, should the Client wish to reopen the Account to resume the use of the Services or to export Client Data, unless instructed otherwise by the Client. The Service Provider deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data.
- The Service Provider ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. The Service Provider takes all measures required pursuant to Article 32 of Regulation (EU) 2016/679. The Service Provider undertakes to make available to the controller all information necessary to demonstrate compliance with their obligations.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Among other things the Service Provider does not represent and warrant to the Client that:
- the Client’s use of the Service will meet the Client’s requirements;
- the Client’s use of the Service will be uninterrupted, timely, secure or free from error;
- any information obtained by the Client as a result of the Client’s use of the Service will be accurate, correct, reliable and up to date;
- defects in the operation or functionality of the Service will be corrected.
- Technical support is available via email.
- No warranties (including for satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent expressly stipulated in the Agreement.
- The Service Provider is not liable for any direct, indirect or consequential damage (including loss of profit, loss of data, loss of goodwill or business reputation) of the Client which may be incurred to the Client in relation with the Service, including:
- damage resulting from any changes which the Service Provider may make to the Service;
- damage resulting from any permanent or temporary interruption in the provision of the Service;
- damage resulting from deletion of, corruption of, or failure to store, any Client’s Content;
- damage resulting from the Client’s failure to provide the Service Provider with accurate account information;
- damage resulting from the Client’s failure to keep the Client’s password or the details of the Client’s Account secure and confidential.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
- You understand that Service Provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Service Provider.
- The Client indemnifies the Service Provider, its officers, directors, employees, agents, licensors, suppliers, etc. for any and all claims, liabilities, losses, expenses, damage and costs, including attorney’s fees, resulting from the breach of the Agreement, and from the activities on the Client Account.
- The Service Provider may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- The Client agrees that the Service Provider may provide the Client with notices, including those regarding changes to the Agreement, by email, regular mail, or postings and notifications in the Service.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, send out, or transmit unsolicited email, SMSs, or “spam” messages from the Service.
- You must not transmit any worms or viruses or any code of a destructive nature.
- While the Service Provider prohibits such conduct and Content on the Service, you understand and agree that the Service Provider cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials.
- The failure of Service Provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Service Provider and govern your use of the Service, superceding any prior agreements between you and Service Provider (including, but not limited to, any prior versions of the Terms of Service).
- The Agreement is governed by Estonian law.
- In case the Agreement has been translated into some other language than English and there are contradictions between the English version and the translation, then the English version shall prevail over the translation.
- Any disputes related to the Agreement are to be solved by means of negotiations. If the dispute cannot be solved by means of negotiations, the dispute shall be solved in Harju County Court, Estonia.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
List of Processors
- By agreeing to these Terms, the Client grants the Service Provider a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Services.
- List of processors:
- Pipedrive OÜ – CRM service in Estonia
- Digital Ocean – hosting service in the US (with servers in the EU)
- The Rocket Science Group, LLC (MailChimp) – email platform in the US