Terms & Conditions
Terms of Service
Please read these Terms carefully before using Instafunnels.
This Agreement sets forth Your rights and obligations as a Instafunnels User.
By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
“Instafunnels” is a trademark of Softsync Ltd.
“Softsync” means Softsync Ltd, the owner of the Instafunnels and other trademarks.
In this Agreement, references to “Softsync” as a Party mean and refer to Softsync Ltd, and Softsync Ltd owner(s), parent company(ies), affiliate entities, and employees, and assigns.
“Parties” mean Softsync and You. Softsync and You are each a “Party.”
“Terms” mean and refer to the Terms and Conditions set forth herein.
“User” refers to a person who has created a Instafunnels Account. “User Account” refers to a User’s Instafunnels Account.
“You” and “Your” means the Instafunnels User who has executed this Agreement by clicking “I Agree.”
Becoming a Instafunnels User
By clicking “I Agree” to these Terms, transferring payment to Softsync, and creating a User Account, You become a Instafunnels User.
There are various products and services available to Users, and monthly prices applicable to such products and services.
Softsync’s products, services, and prices are posted https://www.instafunnels.co/prices.php, and are subject to change without notice.
Price changes are effective on the first day of the month after the price change is posted, By clicking “I Agree” and providing Softsync Your credit card information You authorize Softsync to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes.
If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade.
By Your continued use of Softsync services, and unless You terminate this agreement as provided herein, You agree that Softsync may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.
Term and Termination
Your User contract withSoftsync begins when You click “I Agree,” and will continue month-to-month until either:
Softsync cancels Your account due to Your breach of any of the Terms of this Agreement.
In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to Softsync.
You provide Softsync seven (7) days’ e-mail notice, as provided herein, of Your cancellation of Your account.
If You provide such notice less than seven (7) days before the first day of the next month, Your credit card may still be charged.
You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to Softsync.
Your credit card or Softsync’s charge is denied for any reason and You do not provide Softsync a new credit card within seven (7) days.
No License to use Softsync Marks
Any content on any Softsync website may constitute the intellectual property of Softsync. Except where expressly authorized, no material on any Softsync website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever.
The INSTAFUNNELS trademark and logo are proprietary marks of Softsync, and the use of those marks is strictly prohibited.
Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Softsync.
You agree to protect, defend, indemnify and hold harmless Softsync, its directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct.
Your indemnity obligation includes, but is not limited to, any third party claim against Softsync for liability for payments for, damages caused by, or other liability relating to, You.
No Warranty; No Leads.
Softsync does not promise, guarantee or warrant Your business success, income, or sales.
You understand and acknowledge that Softsync will not at any time provide sales leads or referrals to You.
Additionally, SOFTSYNC’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
SOFTSYNC MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY SOFTSYNC WEBSITE OR SERVICE.
ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK.
SOFTSYNC MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY SOFTSYNC WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY SOFTSYNC WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY SOFTSYNC’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY SOFTSYNC’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Softsync websites may include inaccuracies, errors and materials that conflict with these Terms.
In the event of any conflict between anything posted on any Softsync website and these Terms, these Terms shall control.
Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL SOFTSYNC’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO SOFTSYNC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST SOFTSYNC OCCURRED.
YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
Softsync will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event.
As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Softsync. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement.
Softsync shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.Assignment of Rights.
Softsync may assign its rights under this Agreement at any time, without notice to You.
Your rights arising under this Agreement cannot be assigned by without Softsync or its assigns express written consent.
Information; Registration; User Names and Passwords
As a Instafunnels User, You will be required to create an account with Softsync.
You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person.
You are responsible for maintaining the confidentiality of any password You may use to access Your Instafunnels User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party.
You are fully responsible for all transactions with, and information conveyed to, Softsync under Your User Account.
You agree to immediately notify Softsync of any unauthorized use of Your password or User name or any other breach of security related to Your User account.
You agree that Softsync is not liable, and You will hold Softsync harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
Release/Authorization to Use Photographs.
You grant Softsync permission to use any and all photographs taken by Softsync or its agents or employees, or submitted by You to Softsync as well as all written endorsements of Instafunnels that you send to us, or that you post on social media (photographs, social media posts, and messages sent to Instafunnels are hereinafter referred to as “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Softsync or any product or service sold and marketed by Softsync.
You agree that this authorization to use Photographs may be assigned by Softsync to any other party.
You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Softsync sole discretion.
You agree not to charge a royalty or fee, and not to make any other monetary assessment against Softsync in exchange for this Release and Assignment.
You hereby release and forever discharge Softsync from any and all liability and from any damages You may suffer as a result of the use of the Photographs.
You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
Softsync has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
Any dishonest or unethical business practice; any violation of the law; infliction of harm to Instafunnel’s reputation; and the violation of the rights of Softsync or any third party.
“SPAMMING” AND UNSOLICITED COMMUNICATIONS.
We have zero tolerance for UCE/spam.
Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Instafunnel’s reputation and to the rights of third parties.
It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are:
sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs (including but not limited to Marijuana derived CBD Oil), or that violates the intellectual property rights of another.
Message Sending Policy and Best Practices.
Softsync requires You to follow these best practices when sending electronic communications using our services:
• Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
• Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from Your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
• Comply with all requests from recipients to be removed from Your mailing list within the earlier of 10 days of receipt of the request, or the deadline under applicable law.
• Include in each electronic communication Your valid physical mailing address or a link to that information.
• Do not send electronic communications to addresses obtained from purchased or rented lists.
• Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
• Do not routinely send electronic communications to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org).
• Do not send electronic communications that result in an unacceptable number of spam or similar complaints (even if the electronic communications themselves are not actually spam).
• Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
• Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
• Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
• Do not send to lists of addresses that are programmatically generated or scraped from the Web.
• Do not employ sending practices, or have overall message delivery rates, which negative impact our services or other users of our services.
• Do not use our services to send messages that may be considered junk mail. Some examples of this type of messages include messaging related to: penny stocks, gambling, multi-level marketing, direct to consumer pharmaceutical sales, payday loans, etc.
COMPLIANCE WITH LAW
Your use of our services must comply with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you, us, and any recipient to whom you use our services to send Digital Messages (“Applicable Law”).
You have the responsibility to be aware of and understand all Applicable Laws and ensure that you and all Users of your Account comply at all times with Applicable Law.
Some examples of Applicable Laws include: the U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic Communications, the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003; the Canada Anti-Spam Law (CASL) and/or any similar law, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws.
Commitment Against Harassment and Interference with Others.
You must not use our services to: Store, distribute or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or Commit (or promote, aid or abet) any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive.
Examples may include Digital Messages that are themselves are or promote racism, homophobia, or other hate speech.
You will not import, or incorporate into, any contact lists or other content You upload to any website, software, or other electronic service hosted or provided by Softsync, any of the following information:
Social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
If You use any Softsync messaging software, including but not limited to Instamail, InstaSMS, or any other Softsync-provided messaging software now existing or which may in the future be created, You agree that you will follow all applicable laws with respect to sending messages.
You further agree to indemnify and defend Softsync from any claims, damages, losses, and lawsuits of any kind or nature that may be made against Softsync relating in any way to your violation of law or third-party rights by use or misuse of any Softsync messaging software.
You further understand and agree that Softsync has no control over, and therefore cannot be responsible for, the functionality or failures of any third party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications.
Softsync DOES NOT WARRANT THAT ANY SOFTSYNC MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD PARTY SOFTWARE.
If You have any questions or complaints concerning any of the Terms, You may contact Softsync by e-mail at email@example.com, or by regular mail at 53 Bradford Street, Walsall, West Midlands, UK, WS1 3QD.
Changes to Terms
Softsync reserves the right to change these Terms, in whole or in part, from time to time at Softsync’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.instafunnels.co/terms.php.
By Your continued use of Softsync’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
Any notice required to be given to Softsync under or related to these Terms must be in writing, addressed as follows:
53 Bradford Street,
General Support and Inquiries: https://www.instafunnels.co/support.php
This document was last updated on 08/12/2020
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