Legal Notices
Last updated: [Insert Date]
By accessing or using any Funnelvision website, application, or related services (collectively, the “Services”), you agree to be bound by these Terms of Use and all other legal documents on this page (collectively, the “Agreement”). If you do not agree to the Agreement, you must not access or use the Services.
You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case “you” and “your” refer to that entity.
The Services are provided on a self-service, usage-based model. You are solely responsible for configuring, entering, maintaining, exporting, and backing up your data. Funnelvision does not and will not provide managed services, data entry, data validation, or backup services on your behalf.
Funnelvision may update or modify this Agreement at any time by posting a revised version to this page. Any changes are effective upon posting. Your continued use of the Services after changes are posted constitutes your acceptance of the updated Agreement.
Subject to your compliance with this Agreement and payment of all applicable fees, Funnelvision grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal business or personal purposes.
You shall not: (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, or disassemble any part of the Services; (c) rent, lease, sell, assign, or otherwise transfer rights to the Services; (d) remove or obscure any proprietary notices; or (e) access the Services in order to build a competing product or service.
All rights not expressly granted to you are reserved by Funnelvision. The Services, including all software, interfaces, graphics, and underlying technology, are protected by intellectual property laws and remain the exclusive property of Funnelvision LLC and its licensors.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FUNNELVISION EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.[web:2][web:5][web:8]
FUNNELVISION DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DATA OR RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE.[web:2][web:5][web:8]
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL DATA YOU ENTER, STORE, OR PROCESS THROUGH THE SERVICES AND FOR MAINTAINING INDEPENDENT BACKUPS AND ARCHIVES OF YOUR DATA. FUNNELVISION SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA, OR FOR ANY DAMAGES RESULTING THEREFROM.
Funnelvision provides access to the Services on a usage-based model. Certain tiers or small-scale use may be offered at no charge, while higher volumes or advanced features may incur fees as described in the applicable ordering or pricing page within the Services.
You are responsible for all usage under your account, including usage by your employees, contractors, and authorized users. You must maintain the confidentiality of your login credentials and promptly notify Funnelvision of any suspected unauthorized use.
Fees, if any, are set forth in your subscription or usage plan and may be updated from time to time. Unless otherwise stated, all fees are non-refundable and payable in U.S. dollars. Funnelvision may suspend or terminate access to the Services for non-payment.
Funnelvision may modify, enhance, or discontinue parts of the Services at any time. Where practical and for material changes, Funnelvision will use reasonable efforts to provide notice. Your continued use of the Services after a modification constitutes acceptance of the modified Services.
You agree not to use the Services to:
Funnelvision reserves the right, but has no obligation, to monitor use of the Services and to suspend or terminate access if it reasonably believes you have violated this Acceptable Use Policy.
Funnelvision aims to provide highly available Services; however, the Services may be unavailable from time to time due to scheduled maintenance, upgrades, emergency repairs, or failures of telecommunications or equipment.[web:2][web:5]
Unless expressly stated in a separate, signed Service Level Agreement with you, Funnelvision does not guarantee any specific level of uptime or performance, and any references to service levels are goals only and not binding commitments.[web:2][web:5]
You acknowledge that certain maintenance activities may be performed without prior notice, and that unplanned downtime may occur. Funnelvision shall not be liable for any unavailability or performance issues of the Services.
As between you and Funnelvision, you retain all rights, title, and interest in and to the data you submit to or store in the Services (“Customer Data”). You grant Funnelvision a limited, non-exclusive license to host, store, transmit, and process Customer Data solely as necessary to provide and support the Services.
Funnelvision implements technical and organizational measures designed to protect Customer Data against unauthorized access, disclosure, alteration, and destruction, consistent with industry-standard security practices.[web:4][web:7]
Customer Data managed within the Services is intended to be private to each customer and is protected by encryption and access controls. Funnelvision does not sell or share the contents of Customer Data with third parties for their own marketing purposes. Funnelvision may, however, maintain and use a list of its customers (e.g., business names, contact details) and may disclose that list or portions of it at its discretion, subject to applicable law.
If you intend to store, process, or transmit Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”), you are responsible for entering into an appropriate HIPAA Business Associate Agreement (“BAA”) with Funnelvision before using the Services for PHI.[web:3][web:6][web:9]
In the absence of an executed BAA, you must not use the Services to store, process, or transmit PHI or any data subject to HIPAA or similar healthcare privacy laws.[web:3][web:6][web:9]
Funnelvision may suspend or terminate your access to the Services, in whole or in part, immediately and without prior notice if: (a) you breach this Agreement or any applicable law; (b) your use of the Services poses a security risk or may adversely impact the Services or other users; or (c) Funnelvision is required to do so by law or by a governmental authority.
You may stop using the Services at any time. If you have a paid subscription, any termination will be effective at the end of your then-current billing period unless otherwise stated in a written agreement.
Upon termination, your right to access the Services will immediately cease. Funnelvision may, but is not obligated to, retain Customer Data for a limited period for backup or legal purposes. You are solely responsible for exporting and backing up your Customer Data prior to termination.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FUNNELVISION, ITS MEMBERS, MANAGERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.[web:2][web:5][web:8]
TO THE FULLEST EXTENT PERMITTED BY LAW, FUNNELVISION’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FUNNELVISION FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), EVEN IF YOU HAVE PAID NOTHING FOR THE SERVICES.[web:5][web:8]
You agree to indemnify, defend, and hold harmless Funnelvision and its members, managers, employees, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Services; (b) your violation of this Agreement; or (c) your violation of any law or the rights of any third party.[web:2][web:5][web:8]
This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws principles. You agree that the state and federal courts located in Connecticut shall have exclusive jurisdiction over any dispute arising out of or relating to the Services or this Agreement, and you hereby consent to the personal jurisdiction and venue of such courts.
This Privacy Policy describes how Funnelvision collects, uses, and protects personal information in connection with the Services, including compliance obligations under the Connecticut Data Privacy Act (“CTDPA”), where applicable.[web:1][web:4][web:7][web:10]
We may collect:
We use personal information to:
Funnelvision does not sell or share the content of Customer Data that you manage within the Services with third parties for their own marketing purposes. We may share limited information with service providers who perform services on our behalf (such as hosting and support) under contractual obligations of confidentiality and security.
Funnelvision may maintain a customer list (for example, business names and basic contact information) and may use or disclose that list at its discretion, including for marketing or reference purposes, subject to applicable law.
We implement technical and organizational measures designed to protect personal information and Customer Data, including encryption, access controls, and security monitoring consistent with industry standards.[web:4][web:7]
To the extent Funnelvision is subject to the Connecticut Data Privacy Act, Connecticut residents may have rights to: (a) confirm whether we process their personal data and access such data; (b) correct inaccuracies in their personal data; (c) delete personal data; (d) obtain a portable copy of personal data; and (e) opt out of certain processing, such as the sale of personal data or targeted advertising.[web:1][web:4][web:7][web:10]
Requests to exercise these rights may be submitted by contacting us at the details provided below. We will respond to requests as required by applicable law and may need to verify your identity before fulfilling a request.[web:1][web:4][web:7][web:10]
If you are located in a jurisdiction with data protection laws such as the European Union General Data Protection Regulation (“GDPR”) or the California Consumer Privacy Act (“CCPA”), our processing of personal data may be further governed by a Data Processing Addendum, as described below.[web:1][web:4][web:7]
Where Funnelvision acts as a “processor” or “service provider” of personal data on behalf of a customer subject to laws such as GDPR, CCPA, or CTDPA, the parties may enter into a Data Processing Addendum (“DPA”) that supplements this Agreement.[web:1][web:4][web:7]
The DPA will describe, among other things, the subject matter and duration of processing, the nature and purpose of processing, the types of personal data and categories of data subjects, the rights and obligations of the parties, and requirements for security, sub-processing, audits, data subject rights assistance, international transfers, and incident notification.[web:1][web:4][web:7]
In the absence of an executed DPA, Funnelvision’s obligations with respect to personal data are limited to those set forth in this Agreement and the Privacy Policy.
If you are a HIPAA “covered entity” or a business associate of such an entity and you intend to use the Services to store, process, or transmit Protected Health Information (“PHI”), you must first enter into a separate HIPAA Business Associate Agreement (“BAA”) with Funnelvision.[web:3][web:6][web:9]
A BAA will define permitted uses and disclosures of PHI, required safeguards, breach notification obligations, subcontractor requirements, and procedures for return or destruction of PHI upon termination, as required by HIPAA.[web:3][web:6][web:9]
WITHOUT AN EXECUTED BAA, YOU ARE PROHIBITED FROM USING THE SERVICES TO STORE, PROCESS, OR TRANSMIT PHI OR ANY DATA SUBJECT TO HIPAA OR SIMILAR HEALTHCARE PRIVACY LAWS, AND FUNNELVISION DISCLAIMS ALL LIABILITY ARISING FROM ANY SUCH IMPROPER USE.[web:3][web:6][web:9]
If you have any questions about this Agreement, our Privacy Policy, or any of the documents referenced above, please contact:
This Acceptable Use Policy (“AUP”) governs your use of Funnelvision LLC’s websites, applications, and related services (the “Services”). By using the Services, you agree to comply with this AUP, our Terms of Use / Terms of Service, and any other applicable agreements with Funnelvision. If you do not agree, you may not use the Services.
Funnelvision is a usage-based, self-service application that allows users to manage their own data. You are solely responsible for all data you input, store, and process, and for complying with all laws that apply to your use of the Services.
Effective Date: [Insert Date]
You may use the Services only for lawful purposes and in compliance with all applicable laws and regulations, including, without limitation, United States federal and state laws (including Connecticut law), data protection and privacy laws, and any industry-specific regulations that apply to your business. You are responsible for determining which laws apply to your data and use cases and for complying with them.
You may not use the Services to store, process, transmit, or otherwise handle any content that:
If you store or process health or other sensitive information, you must have the appropriate legal basis, consents, and agreements (for example, a Business Associate Agreement for HIPAA) in place before using the Services for that data.
You may not, directly or indirectly:
You are solely responsible for the data you upload, store, or process using the Services (“Customer Data”), including obtaining any necessary consents and notices. You are responsible for maintaining appropriate backups of Customer Data. Funnelvision does not guarantee backup or recovery of your data and is not liable for data loss or corruption.
You must not use the Services to store data that you are not legally permitted to store or transfer, including data obtained without a valid legal basis.
You must maintain the security of your login credentials and restrict access only to authorized users. You are responsible for configuring account roles and permissions in line with your own security and compliance requirements, and for promptly notifying Funnelvision of any suspected unauthorized access or security incident involving your account or the Services.
To protect the stability of the Services for all customers, Funnelvision may impose or enforce reasonable technical limits on bandwidth, API calls, storage, or other resource usage. Funnelvision may throttle, restrict, or suspend requests that exceed typical or agreed‑upon usage patterns, or require you to upgrade to a higher‑tier or paid plan where appropriate.
You may not deliberately circumvent these limits or use multiple accounts or other methods to avoid reasonable technical or commercial controls.
If you connect the Services to third‑party services or use third‑party integrations, you are responsible for complying with those third parties’ terms and privacy rules. You may not use the Services to violate their policies or technical limitations. Funnelvision is not responsible for acts or omissions of third‑party providers or for data once it leaves the Services due to your integrations or exports.
Funnelvision may, in its sole discretion and without prior notice, investigate suspected violations of this AUP and take any action it deems appropriate, including:
Funnelvision has no obligation to monitor Customer Data or your use of the Services, but it may do so where permitted by law to enforce this AUP and protect the Services and other users.
Funnelvision may update this AUP from time to time. When we make changes, we will update the “Effective Date” above and may provide additional notice where appropriate. Your continued use of the Services after any changes constitutes your acceptance of the updated AUP.