Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the websites, software, APIs, and related offerings of FunnelWon.com LLC (“FunnelWon,” “we,” “us,” “our”), including:
- https://funnelwon.com (our “Website”);
- https://searchus.funnelwon.com (our “Dashboard”);
- The SearchUs by FunnelWon WordPress plugin and any successor branding (the “Plugin”);
- Our search and indexing APIs and connected services (together with the above, the “Services”).
By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes that organization.
Privacy. Our Privacy Policy describes how we collect and use personal information. It is incorporated into these Terms by reference.
1. Eligibility
You must be able to form a binding contract in your jurisdiction. If you are not of legal age or otherwise cannot agree, do not use the Services.
2. The Services
2.1 Hosted search and indexing. FunnelWon provides hosted search and indexing for WordPress sites that use the Plugin and connect to our infrastructure. Features, limits, and plans (for example Free, Growth, and other tiers) are described on the Dashboard, the Website, the Plugin directory listing, and related materials we publish. We may change, suspend, or discontinue features with reasonable notice where practicable; we may also make urgent changes for security, abuse, or legal reasons.
2.2 Plugin license (WordPress.org / free distribution). The Plugin is offered under the GNU General Public License v2 (or later) when distributed under that license (see the Plugin header and readme.txt). Your use of the Plugin’s source code under the GPL is governed by the GPL in addition to these Terms where the GPL applies. Your use of FunnelWon’s hosted APIs, accounts, and paid plans is governed by these Terms and your subscription—not the GPL.
2.3 No guarantee of results. Search ranking, indexing coverage, uptime, and performance depend on your content, configuration, hosting, third-party plugins, and factors outside our control. We do not guarantee specific rankings, traffic, or business outcomes.
2.4 Beta and preview features. We may label features as beta or experimental. They may be less reliable or change without notice.
3. Accounts and registration
3.1 Dashboard accounts. You may need an account to purchase plans, manage licenses, or use certain Dashboard features. You agree to provide accurate information and keep it current.
3.2 Credentials. You are responsible for safeguarding passwords and API-related secrets (including signing material the Plugin stores for your site). Notify us promptly at privacy@funnelwon.com (or the support channel we designate) if you believe your account is compromised.
3.3 Environment and domains. Your plan may limit the number or type of sites or URLs (for example production, staging, and development). You agree to use the Services only for sites and environments permitted under your plan and activation records.
4. Acceptable use
You agree not to:
- Use the Services in violation of law or third-party rights;
- Upload, index, search, or distribute unlawful content, malware, or material you have no right to use;
- Attempt to probe, scan, or test our systems or other customers’ deployments without authorization;
- Circumvent technical limits, licensing, billing, or security (including rate limits, index caps, or query caps);
- Reverse engineer our Services except where applicable law expressly permits despite this restriction;
- Use the Services to send spam, conduct denial-of-service attacks, or generate abusive automated traffic;
- Resell or white-label the hosted Services without our written agreement, except as allowed by your plan;
- Misrepresent your identity or affiliation.
We may investigate and suspend or terminate access for violations.
5. Your content and data
5.1 Your responsibility. You retain ownership of your website content and data. You are responsible for lawful use, obtaining rights needed to index and search your content, and your end users’ notices (including privacy policies) where required.
5.2 License to FunnelWon. You grant FunnelWon a non-exclusive, worldwide, royalty-free license to host, process, transmit, cache, and display your content and technical data only as reasonably necessary to provide, secure, and improve the Services (including indexing, query processing, support, and backups). This license ends when you delete content and we have completed routine deletion from our systems, subject to backups, logs, and legal retention.
5.3 Local Plugin data. Optional analytics and caches stored only on your WordPress server are under your control, as described in our Privacy Policy.
6. Fees, billing, and taxes
6.1 Paid plans. If you purchase a paid plan, you agree to the fees and billing cycle shown at checkout or in the Dashboard. We use Stripe (or another processor we name) for payments; their terms also apply.
6.2 Taxes. Fees may be stated exclusive of taxes; you are responsible for applicable taxes we are required to collect.
6.3 Changes. We may change pricing for future renewal periods with reasonable advance notice. Continued use after the effective date may constitute acceptance.
6.4 Failure to pay. We may suspend or downgrade paid features if payment fails, subject to any grace period we communicate.
7. Intellectual property
7.1 FunnelWon property. The Services (excluding your content and third-party open-source components), including software, documentation, trademarks (FunnelWon, SearchUs, logos), and aggregate analytics on our systems, are owned by FunnelWon or our licensors.
7.2 Feedback. If you send suggestions or feedback, we may use it without obligation to you.
8. Third-party services
The Plugin and Dashboard may interoperate with WordPress, hosting providers, WooCommerce, payment processors, and other third parties. Their terms and privacy policies govern those relationships. We are not responsible for third-party services you choose to use.
9. Confidentiality
If we share non-public information marked confidential or that should reasonably be understood as confidential, you agree not to disclose it except as needed to use the Services or as required by law.
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Some jurisdictions do not allow certain disclaimers; in those jurisdictions, disclaimers apply to the fullest extent allowed.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- NEITHER FUNNELWON NOR ITS SUPPLIERS OR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, arising from or related to the Services or these Terms, even if advised of the possibility.
- OUR TOTAL LIABILITY for any claim arising from or related to the Services or these Terms in the twelve (12) months before the claim is limited to the greater of (A) the amount you paid us for the Services during that period or (B) one hundred U.S. dollars (USD $100) if you had no paid fees.
These limits do not apply where prohibited by law (for example, liability for death or personal injury caused by gross negligence or willful misconduct where such limits are void).
12. Indemnity
You will defend, indemnify, and hold harmless FunnelWon and our officers, directors, employees, and contractors from third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your content or your site; (b) your violation of these Terms or law; (c) your end users’ use of search or the Plugin on your site; or (d) a dispute between you and your end users.
13. Suspension and termination
13.1 By you. You may stop using the Services at any time. Cancel paid subscriptions through the Dashboard or Stripe customer portal where available.
13.2 By us. We may suspend or terminate access if you materially breach these Terms, create risk or legal exposure, or if we cease offering a Service (with notice where reasonable).
13.3 Effect. Upon termination, your right to use the affected Services ends. Provisions that by their nature should survive (including Sections 5, 7, 9–12, 13, 14–16) survive.
14. DMCA and copyright
If you believe material indexed or served through the Services infringes your copyright, send a notice to privacy@funnelwon.com with the information required by 17 U.S.C. 512(c)(3) (or equivalent local law). We may remove or disable access to material when appropriate. Repeat infringers may lose access.
15. Export and sanctions
You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to comprehensive U.S. sanctions, and that you will not use the Services in violation of export control or sanctions laws.
16. Governing law and disputes
16.1 Law. These Terms are governed by the laws of the State of Idaho, USA, without regard to conflict-of-law rules.
16.2 Venue. Except where prohibited by law, you agree that state and federal courts in Ada County, Idaho have exclusive jurisdiction for disputes arising from these Terms or the Services, and you consent to personal jurisdiction there.
16.3 Informal resolution. Before filing a claim, contact us at privacy@funnelwon.com so we can try to resolve the issue in good faith.
16.4 EU/UK consumers. If you are a consumer in the EEA or UK, you may have mandatory rights under local law that cannot be waived by this Section; nothing here limits those rights.
17. Changes to these Terms
We may modify these Terms by posting an updated version with a new “Last updated” date. For material changes to paid customers, we will provide reasonable notice (for example by email or Dashboard notice) where required. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Services and cancel paid plans.
18. Miscellaneous
18.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and FunnelWon regarding the Services (subject to the GPL for GPL-licensed Plugin code).
18.2 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
18.3 No waiver. Failure to enforce a provision is not a waiver.
18.4 Severability. If a provision is invalid, the remainder remains in effect.
18.5 Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.
19. Contact
FunnelWon.com LLC
9201 W. State St., Suite 130
Boise, Idaho, USA
General / privacy: privacy@funnelwon.com
Product and plans: https://searchus.funnelwon.com
Privacy Policy: https://searchus.funnelwon.com/privacy/