Terms of Service

1. Acceptance & Who These Terms Bind

These Terms apply to every person and entity that accesses or uses the Services in any capacity, including:

• Users — anyone who registers for, logs in to, or otherwise uses a DropFunnels account, including account owners, team members, collaborators, administrators, and anyone acting on an account owner's behalf;
• Customers — anyone who starts a free trial, purchases or subscribes to any DropFunnels plan, add-on, domain, service, or product, or whose payment method is used to pay for the Services; and
• Visitors and End Users — anyone who visits dropfunnels.com or any page, funnel, website, course, membership area, checkout, or form hosted on or powered by the Services.

"You" and "your" refer to each of the above. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" includes both you individually and that organization, jointly and severally.

You agree that your acceptance of these Terms by electronic means (including clicking, checking a box, or continuing to use the Services) is the legal equivalent of your handwritten signature and satisfies any requirement that these Terms be in writing, under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Wyoming Uniform Electronic Transactions Act. We may keep records of your acceptance, including the date, time, IP address, device information, and the version of these Terms you accepted, and those records will be conclusive evidence of your agreement.

2. Eligibility & Business Use

• You must be at least 18 years old (or the age of majority where you live, if higher) and able to form a binding contract.
• You may not use the Services if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, or if we have previously suspended or terminated your account.
• The Services are offered for business and commercial purposes. By using them, you acknowledge that you are acting in a business or professional capacity and not as a consumer, to the fullest extent permitted by law.

3. Accounts & Security

• You must provide accurate, current, and complete registration and billing information and keep it up to date. The email address on your account is your official address for all notices from us.
• You are solely responsible for safeguarding your login credentials and for all activity, charges, and obligations incurred under your account, whether or not you authorized them.
• Notify us immediately at [email protected] of any unauthorized use. We are not liable for any loss caused by unauthorized use of your account.
• Accounts may not be shared, sold, transferred, or resold without our prior written consent.

4. Free Trial & Automatic Renewal

• New accounts may be offered a free trial (currently 60 days). We may change, limit, or discontinue trial offers at any time, and trials are limited to one per person, business, and payment method. To keep using the Services after the trial, you must add a payment method and select a paid plan.
• If a payment method is on file when your trial ends, your trial will automatically convert to the paid plan you selected and your Saved Payment Method will be charged the then-current subscription fee on the day the trial ends, unless you cancel before then.
• All subscriptions automatically renew for successive periods equal to the billing interval you selected (for example, monthly or annually) and your payment method will be charged at the start of each renewal period until you cancel in accordance with Section 8.
• The free trial is your opportunity to fully evaluate the Services. It is the reason all payments after the trial are final and non-refundable (Section 7).

5. Fees, Billing & Taxes

• You agree to pay all fees for the plan, add-ons, usage-based charges (such as email, SMS, or overage fees), domains, and other services you select or use, at the prices in effect when the charges are incurred.
• Fees are billed in advance, in U.S. dollars, and are due immediately when invoiced. Fees for a billing period are owed in full even if you stop using the Services, downgrade, or cancel during that period.
• We may change our prices at any time. Price changes apply to your next renewal period after notice to you. Continuing your subscription after a price change takes effect means you accept the new price.
• Fees do not include taxes. You are responsible for all sales, use, value-added, and similar taxes, which we may add to your invoices.
• Any amount not paid when due is an "Unpaid Invoice." Unpaid Invoices accrue a late charge of 1.5% per month (or the maximum rate permitted by law, if lower) from the due date until paid in full.

6. Saved Payment Methods & Collection of Unpaid Amounts

By adding any credit card, debit card, bank account, or other payment method to your account, at checkout, or through any payment form on the Services (each a "Saved Payment Method"), you expressly authorize OptionScout, Inc. and its payment processors, without further notice or consent, to:

• Store the Saved Payment Method and keep it on file for future charges;
• Charge the Saved Payment Method for all subscription fees, renewals, add-ons, usage-based charges, taxes, late charges, and any other amounts you owe us, on a recurring basis;
• Charge any and all Saved Payment Methods associated with your account — in whole or in part, in any order, and as many times as necessary — to collect any Unpaid Invoice or other outstanding balance, including if your primary payment method is declined, expired, cancelled, or disputed;
• Continue to charge Saved Payment Methods for amounts that accrued before your account was cancelled, suspended, or terminated, even after cancellation, suspension, or termination;
• Retry failed charges, and charge amounts that were reversed, refunded by your bank, or charged back; and
• Obtain and use updated card details (such as a new expiration date or card number) from your card issuer or network card-updater services, and charge the updated card as authorized above.

This authorization remains in effect until all amounts you owe are paid in full. You represent that you are authorized to use every Saved Payment Method you provide. Removing a payment method from your account does not revoke this authorization for amounts that were already owed.

If we cannot collect an Unpaid Invoice, we may, in addition to any other remedy: (a) suspend or restrict your account, funnels, websites, and pages, (b) refer the debt to a collection agency, and (c) pursue collection in court. You agree to pay all reasonable costs of collection, including collection agency fees, court costs, and attorneys' fees.

7. No Refunds

We do not provide refunds or credits for partial billing periods, unused time, downgrades, unused features, accounts that were not used, dissatisfaction with the Services, or accounts suspended or terminated for violating these Terms. Any refund or credit we grant in a particular case is a one-time courtesy at our sole discretion and does not waive this policy or create any obligation to do so again. See our Refund Policy for more information.

8. Cancellation

You may cancel your subscription only by one of these two methods:

• Through your account — using the cancellation option in your DropFunnels account settings; or
• In writing by email — by sending a cancellation request to [email protected] from the email address registered on your account, stating your name, the account email, and that you wish to cancel.

Requests made by any other means — including live chat, phone, text message, social media, support tickets submitted from a different email address, community groups, affiliates, comments to staff, removing your card, letting your card expire, stopping use of the Services, or disputing a charge with your bank — are not valid cancellations, and your subscription will continue to renew and be charged until you cancel by one of the methods above.

• To avoid the next charge, cancellation must be completed (or your email received) before your renewal or trial-end date. Cancellation emails are effective when received by us, not when sent.
• Cancellation takes effect at the end of your current paid billing period. You will not be charged again, and no refund will be issued for the remainder of the period.
• Cancellation does not relieve you of any Unpaid Invoice or amount owed before the effective date, which remains collectible under Section 6.
• After cancellation, your funnels, pages, websites, and data may be unpublished and permanently deleted. You are responsible for exporting anything you want to keep before your cancellation takes effect.

9. Chargebacks & Payment Disputes

Because all payments are final and you have agreed to the charges described in these Terms, you agree that:

• Before disputing any charge with your bank, card issuer, or payment provider, you will first contact us in writing at [email protected] and give us at least thirty (30) days to resolve the issue.
• You will not file a chargeback or payment dispute for any charge that was authorized under these Terms, including trial conversions, automatic renewals, charges made before a valid cancellation, and charges to collect Unpaid Invoices. Doing so is a material breach of these Terms.
• We will contest every chargeback and dispute we believe is invalid. You authorize us to submit to your bank, card issuer, and payment processors any information relevant to the dispute, including these Terms, your account details, records of your acceptance of these Terms, IP addresses, login and usage history, communications with you, and copies of your content.
• Upon the filing of any chargeback or dispute, we may immediately suspend or terminate your account and unpublish your funnels, pages, and websites, without liability to you.
• You will pay a chargeback administration fee of $35 per disputed charge, plus any fees charged to us by our payment processors, in addition to the disputed amount.
• Any disputed or reversed amount remains an Unpaid Invoice that you continue to owe, and we may recover it, together with associated fees and collection costs, by charging any Saved Payment Method, through a collection agency, or in court.
• Filing a chargeback or dispute does not cancel your subscription. Cancellation is governed solely by Section 8.

10. Your Customers & End Users

If you use the Services to sell products or services, collect leads, or operate funnels, websites, courses, or memberships, the people who visit, buy from, or sign up with you are "Your Customers." With respect to Your Customers:

• You are the merchant and seller of record. OptionScout, Inc. is a software provider and is not a party to any transaction, agreement, or relationship between you and Your Customers.
• You are solely responsible for your products, services, offers, pricing, fulfillment, customer support, refunds, chargebacks, taxes, and legal compliance, and for publishing your own terms, refund policy, and privacy policy to Your Customers.
• You are responsible for obtaining all consents required to collect, store, and use Your Customers' personal information and payment details, and to send them email, SMS, or other messages, including under CAN-SPAM, the TCPA, GDPR, CCPA, and similar laws.
• Your Customers' access to any page or feature powered by the Services is also subject to these Terms, and you will not grant Your Customers any rights in the Services greater than those granted to you.
• You will handle all complaints and disputes from Your Customers and will indemnify us under Section 16 for any claim by Your Customers arising from your products, services, content, or conduct.

11. Acceptable Use

You agree not to use the Services to, or attempt to:

• Violate any law or regulation, or upload, publish, or distribute content that is unlawful, fraudulent, deceptive, defamatory, obscene, hateful, harassing, or harmful.
• Sell or promote illegal goods or services, pyramid schemes, misleading income claims, or products prohibited by our payment processors.
• Send spam or unsolicited messages, or engage in phishing, credential harvesting, malware distribution, or impersonation.
• Infringe or misappropriate any copyright, trademark, privacy, or other right of any third party.
• Hack, probe, scrape, overload, reverse engineer, decompile, or interfere with the Services, or bypass any security, usage, or billing control.
• Copy, resell, sublicense, or build a competing product using the Services or our templates, code, or content.

We may investigate suspected violations and may remove content and suspend or terminate accounts at our sole discretion, with or without notice.

12. Your Content & Intellectual Property

• The Services, including all software, code, designs, templates, text, graphics, logos, and the DropFunnels name, are owned by or licensed to OptionScout, Inc. and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services during your paid (or trial) subscription in accordance with these Terms.
• You retain ownership of content you upload or create ("Your Content"). You grant us a worldwide, royalty-free license to host, store, copy, process, display, and transmit Your Content as needed to provide, secure, and improve the Services and to enforce these Terms.
• You represent that you own or have all rights necessary to Your Content and that it does not violate these Terms or any law. You are responsible for backing up Your Content.
• Any feedback or suggestions you provide may be used by us without restriction or compensation.

13. Third-Party Services

The Services integrate with third-party services such as payment processors, email and SMS providers, domain registrars, and analytics tools. Your use of those services is governed by their own terms, and we are not responsible for their availability, acts, or omissions. Payment processing is provided by third-party processors, and you agree to comply with their terms.

14. Suspension & Termination

• We may suspend, restrict, or terminate your account or any part of the Services, at any time, with or without notice, if you violate these Terms, fail to pay any amount when due, file a chargeback or payment dispute, pose a risk to us or others, or if required by law.
• We may also discontinue the Services or any feature at any time.
• Upon termination for any reason, your license to use the Services ends immediately, all amounts owed become immediately due, and no refund will be provided. We may delete Your Content after termination without liability.
• Sections 5 through 10, 12, and 14 through 20, and any other provision that by its nature should survive, survive termination.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIONSCOUT, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF DATA LOSS, OR THAT YOU WILL ACHIEVE ANY PARTICULAR SALES, LEADS, INCOME, OR BUSINESS RESULTS.

16. Limitation of Liability & Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPTIONSCOUT, INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You agree to defend, indemnify, and hold harmless OptionScout, Inc. and its officers, directors, employees, agents, and affiliates from and against all claims, damages, losses, liabilities, fines, penalties, costs, and expenses (including attorneys' fees) arising from or related to your use of the Services, Your Content, Your Customers, your products or services, your violation of these Terms, or your violation of any law or third-party right.

17. Dispute Resolution, Arbitration & Class Action Waiver

Informal Resolution First

Before starting any arbitration or court proceeding, you must first send a written notice describing your claim and the relief you seek to [email protected] and to our mailing address in Section 21. The parties will attempt in good faith to resolve the dispute for sixty (60) days after the notice is received. Any limitation period is tolled during this time. Complying with this requirement is a condition precedent to starting any proceeding.

Binding Individual Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any payment or charge, or the relationship between you and OptionScout, Inc. (including the validity, scope, or enforceability of this arbitration agreement) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will be held in Natrona County, Wyoming, or, at our election, by video conference or written submissions. The arbitrator's award will be final and may be entered as a judgment in any court of competent jurisdiction. This agreement is governed by the Federal Arbitration Act.

Class Action and Jury Trial Waiver

YOU AND OPTIONSCOUT, INC. EACH AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON. YOU AND OPTIONSCOUT, INC. EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

Exceptions

Notwithstanding the above, (a) either party may bring an individual claim in small claims court in Natrona County, Wyoming, if it qualifies; (b) either party may seek injunctive relief in court to protect its intellectual property or to stop misuse of the Services; and (c) we may pursue collection of Unpaid Invoices, chargeback amounts, fees, and collection costs in any court of competent jurisdiction or through a collection agency.

Time Limit and Fees

Any claim you have must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law. The prevailing party in any arbitration or court proceeding relating to these Terms will be entitled to recover its reasonable attorneys' fees and costs. If the class action waiver is found unenforceable as to any claim, that claim must be severed and litigated in the courts described in Section 18, and the remainder of this Section 17 will continue to apply.

18. Governing Law & Venue

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-law rules. Subject to Section 17, any proceeding permitted to be brought in court must be brought exclusively in the state or federal courts located in Natrona County, Wyoming, and you irrevocably consent to the personal jurisdiction of, and venue in, those courts and waive any objection based on inconvenient forum.

19. Changes to the Services & These Terms

We may modify the Services or these Terms at any time. We will post the updated Terms on this page and update the effective date below, and for material changes we may also notify you by email or in your account. Changes take effect when posted unless stated otherwise. Your continued access to or use of the Services after changes take effect constitutes your acceptance of the updated Terms. If you do not agree, you must cancel under Section 8 and stop using the Services.

20. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy, Refund Policy, and any order form or plan terms you accept, are the entire agreement between you and us and supersede all prior statements, including statements by sales, support, or affiliate representatives.
• Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest of these Terms will remain in effect.
• No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
• Electronic Communications. You consent to receive notices, invoices, and receipts electronically. Notices to you are effective when sent to your account email address.
• Force Majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Interpretation. Headings are for convenience only, and "including" means "including without limitation."

21. Contact Information

DropFunnels is owned and operated by: