TERMS OF SERVICE

These Legal Terms ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you" or "your"), and the owners and operators of the Makefunnel service ("Makefunnel," "we," "us," or "our").

Our principal address for contact and notices is Pradit Manutham Road, House No. 277/96, The Noble curve, Ladprao, Bangkok 10230.

These Terms govern your access to and use of our website located at https://www.makefunnel.tech (the "Site"), our cloud-based software-as-a-service platform, and any other related media, products, or services we provide (collectively, the "Services").

The Services provide users with tools to build, manage, and execute automated sales and marketing funnels, including but not limited to, the creation of digital sales processes, automated email sequences, lead capture forms, and performance analytics.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by all provisions of these Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE ALL USE IMMEDIATELY.

MODIFICATIONS TO THIS AGREEMENT

We reserve the right, in our sole discretion, to amend or modify these Terms at any time and for any reason. We will provide notice of any changes by updating the "Last Updated" date of this document. You waive any right to receive specific, individual notice of each such change.

It is your sole responsibility to review these Terms periodically to stay informed of updates. Your continued use of the Services after the date such revised Terms are posted will be deemed as your acceptance of, and agreement to be bound by, the changes.

SUPPLEMENTAL TERMS

Supplemental terms and conditions, policies (including our Privacy Policy), or other documents that may be posted on the Services from time to time are hereby expressly incorporated into these Terms by reference.

USER ELIGIBILITY

The Services are intended for users who are at least 18 years of age. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. Persons under the age of 18 are not permitted to use or register for the Services.

CONTACT US

For any questions, concerns, or notices related to these Terms, you may contact us via:

• Email: support@makefunnel.tech
• Phone: 0656205388
• Mail: Pradit Manutham Road, House No. 277/96, The Noble curve, Ladprao, Bangkok 10230, Thailand.

SECTION 1: USER REPRESENTATIONS AND WARRANTIES

By accessing and using the Services, you represent and warrant to us that:

• (a) You have the full legal capacity, right, and authority to enter into and be bound by these Legal Terms;
• (b) You are at least 18 years of age and are not a minor in your jurisdiction of residence;
• (c) All registration information you have provided is, and will be maintained as, true, accurate, current, and complete;
• (d) Your use of the Services is not for any illegal, illicit, or unauthorized purpose, and your use will not violate any applicable law or regulation; and
• (e) You will not access the Services through any automated or non-human means (such as a bot, script, or spider) unless such automated access is expressly permitted by us in writing.

Should you provide any information that is, or that we have reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account. In such an event, we may refuse any and all current or future use of the Services (or any portion thereof).

SECTION 2: AUTHORIZATION TO CONTACT YOU

You expressly consent to receive communications, including calls and text messages (SMS/MMS), from us and our authorized agents. This authorization extends to the use of autodialed and/or pre-recorded message calls.

This consent applies to any telephone number you provide to us, as well as any number we obtain for you from third parties or collect through our own efforts, as authorized and described in our Privacy Policy. If a telephone number provided or collected is a mobile number, you specifically consent to receive text messages at that number.

You acknowledge and agree that you are solely responsible for any fees or charges assessed by your telephone service provider for these communications, including standard message and data rates.

We may contact you in the manner described above for the following purposes:

• Account-Related Communications: To contact you for non-promotional reasons relating to your account or your use of the Services. This includes, but is not limited to, collecting a debt, resolving a dispute, providing account-related support, or otherwise enforcing these Terms.
• Marketing and Promotional Communications: To contact you with marketing, promotional, or other offers. We will only contact you for these purposes if you have provided prior consent to receive such communications, or as otherwise permitted by applicable law.

SECTION 3: ACCOUNT REGISTRATION AND RESPONSIBILITIES

3.1. Account Creation

To access and use the Services, you may be required to register for a user account ("Account"). You represent and warrant that all information you provide during registration is accurate, current, and complete, and you agree to update this information as necessary to maintain its accuracy.

3.2. Account Security and Confidentiality

You agree to keep your password and all other account credentials confidential. You acknowledge that you are solely and fully responsible for any and all activities, charges, and actions that occur under your Account or are facilitated by your password, whether or not such activities were authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of your Account or password.

3.3. Username Selection

We reserve the right, in our sole discretion, to remove, reclaim, or change any username you select. We may exercise this right if we determine that the chosen username is inappropriate, obscene, offensive, infringes upon the rights of a third party, or is otherwise objectionable.

SECTION 4: PROHIBITED ACTIVITIES AND CONDUCT

You may access and use the Services only for their intended purpose as made available by us. You agree not to use the Services in connection with any external commercial endeavors unless you have received our specific, prior written endorsement or approval.

As a user of the Services, you expressly agree not to, and not to permit any third party to:

4.1. Unlawful and Deceptive Content

• Post, upload, transmit, or display any content that is false, inaccurate, misleading, deceptive, defamatory, or libelous.
• Use the Services to create, promote, or manage any "pyramid scheme," "chain letter," "ponzi scheme," or other form of unsolicited or bulk electronic communication (spam).
• Post or upload any content in categories or areas of the Services that are clearly inappropriate for such content.

4.2. User Harassment and Harm

• Use any information obtained from the Services for the purpose of harassing, abusing, or harming another person.
• Harass, annoy, intimidate, or threaten any of our employees, agents, or other users.
• Disparage, tarnish, or otherwise harm, in our sole opinion, us, our brand, or the Services.
• Make improper use of our support services or submit false, frivolous, or misleading reports of abuse or misconduct.

4.3. Legal and Policy Violations

• Breach or circumvent any applicable laws, third-party rights (including intellectual property and privacy rights), or our systems, policies, or account status determinations.
• Impersonate another user or person, use the username of another user, or create user accounts by automated means or under false pretenses.

4.4. Intellectual Property and Competitive Use

• Copy, modify, or distribute rights or content from the Services, or Makefunnel's copyrights, trademarks, and logos, without our prior express written permission.
• Copy, reproduce, create derivative works from, distribute, or publicly display any content from the Services (except for your own content) without our prior written permission.
• Use the Services as part of any effort to compete with us or to create a service that is directly or indirectly competitive with the Services.
• Commercialize any Makefunnel application, tool, or software without our express consent.

4.5. System Integrity and Security

• Systematically retrieve, scrape, or otherwise harvest data or content from the Services (whether by manual or automated means, including the use of robots, spiders, or data mining tools) to create or compile, directly or indirectly, a collection, database, or directory without our prior written permission.
• Circumvent, disable, or otherwise interfere with any security-related features of the Services, including features that prevent or restrict the use or copying of any content, or that bypass our robot exclusion headers.
• Interfere with, disrupt, or impose an unreasonable or disproportionately large load on the Services or the networks and servers connected to the Services.
• Upload or transmit (or attempt to upload or transmit) any material that acts as a virus, Trojan horse, worm, or other malicious code that interferes with any party's uninterrupted use and enjoyment of the Services, or that modifies, impairs, disrupts, or alters the use, features, or operation of the Services.
• Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism (e.g., "spyware," "pcms," 1x1 pixels, web bugs, etc.).
• Except as expressly permitted by applicable law, attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

4.6. Prohibited Commercial Activities

• Use the Services to sell or market products or services, and then fail to deliver such products or services to your customers, or otherwise engage in deceptive, unfair, or fraudulent business practices.
• Make any unauthorized use of the Services for the purpose of collecting usernames, email addresses, or other information about users for the purpose of sending unsolicited email or other communications.
• Sell, rent, or otherwise transfer your profile or account.
• Use a buying agent, purchasing agent, or any automated script to make purchases or create accounts on the Services.

SECTION 5: PURCHASES AND PAYMENT

5.1. Payment Methods and Currency

We accept payments via Visa and Mastercard, which are processed through our designated third-party payment gateway. All payments and transactions shall be processed in Thai Baht (THB).

5.2. Third-Party Payment Processing

We utilize a third-party payment gateway, Paysolution (https://paysolutions.asia/), to manage and process all subscription fees and purchases ("Payment Processor"). When you elect to make a purchase, you will be redirected from our Services to a secure platform hosted and operated by our Payment Processor to provide your payment details.

You acknowledge and agree to the following: (a) We do not collect, store, or have access to your full credit card details or sensitive financial information. This information is provided directly to the Payment Processor. (b) Your payment transaction is subject to the terms, conditions, and privacy policies of the Payment Processor (Paysolution), in addition to this Agreement. We are not responsible or liable for the actions, security, or data handling practices of the PaymentProcessor. (c) We disclaim all liability for any loss, error, service interruption, or data security incident that is attributable to the Payment Processor.

5.3. User's Obligation for Accurate Account Information

You represent and warrant that all purchase and account information you provide for use of the Services is current, complete, and accurate. You agree to promptly update your account information, including without limitation, your email address and any information required by our Payment Processor, to ensure we can successfully complete your transactions and contact you as necessary.

5.4. Authorization of Charges and Pricing

You agree to pay all charges incurred for your purchases at the prices then in effect, including any applicable subscription fees. By initiating a transaction, you authorize our Payment Processor to charge your chosen payment provider ("Payment Method") for the total amount of your order.

Applicable sales tax (e.g., VAT) will be added to the purchase price as deemed necessary by us and as required by applicable law. All prices for Services are subject to change at any time.

5.5. Right to Correct, Refuse, or Limit Orders

We reserve the right to correct any inadvertent errors, inaccuracies, or omissions in pricing or service descriptions, even after an order has been submitted or payment has been received.

We further reserve the right, in our sole discretion, to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order. Such restrictions may include, but are not limited to, orders placed by or under the same customer account, or orders that, in our sole and exclusive judgment, appear to be placed by dealers, resellers, or distributors.

SECTION 6: SUBSCRIPTIONS AND FEES

6.1. Subscription, Billing, and Automatic Renewal

Your subscription to the Services shall continue on a monthly basis and will automatically renew for subsequent monthly periods unless and until it is canceled. By purchasing a subscription, you acknowledge and agree that you are authorizing recurring monthly charges. You hereby grant us permission to charge your designated payment method (your "Payment Method") for the then-current applicable subscription fee on a recurring basis, without requiring additional authorization for each recurring charge. This authorization shall remain in full force and effect until you terminate your subscription in accordance with Section 6.3.

6.2. Free Trial

We may, at our sole discretion, offer a 30-day free trial ("Free Trial") to new users upon registration. Upon the expiration of the Free Trial period, your paid subscription will automatically commence, and your Payment Method will be billed for the subscription plan you selected at the time of registration, unless you cancel your subscription in accordances with our cancellation policy prior to the end of the Free Trial period.

6.3. Cancellation and Refund Policy

ALL PURCHASES ARE FINAL AND NON-REFUNDABLE. All payments made to us are non-creditable.

You may terminate your subscription at any time by logging into your user account and following the provided cancellation instructions. The cancellation will become effective at the conclusion of the then-current monthly billing cycle. You will retain access to the Services for the remainder of said cycle, after which your access will be terminated.

For any inquiries or concerns regarding our Services or your subscription, please contact us at support@makefunnel.tech

6.4. Fee Modifications

We reserve the right, in our sole discretion, to modify or adjust our subscription fees from time to time. We will provide you with reasonable advance notice of any such price changes, in accordance with all applicable legal requirements. Your continued use of the Services after a fee modification becomes effective constitutes your agreement to pay the modified fee.

6.5. Payment Disputes and Chargebacks

You agree to first contact us at support@makefunnel.tech to attempt to resolve any billing disputes before initiating a chargeback or payment dispute with your bank or credit card company.

In the event you initiate a chargeback or payment dispute in violation of these Terms, you acknowledge and agree that this constitutes a breach of this Agreement. We reserve the right to:

1. Immediately suspend or terminate your account and all access to the Services;
2. Dispute the chargeback to the fullest extent possible; and
3. Hold you liable for, and collect from you, the full amount of the disputed transaction, plus any and all associated fees, including but not limited to the non-refundable chargeback fee assessed by our payment processor, and any reasonable attorneys' fees or collection costs we incur in recovering these funds.

SECTION 7: THIRD-PARTY WEBSITES AND CONTENT

7.1. Links to External Sites and Content

The Services may contain links to external websites ("Third-Party Websites") and may also feature or display articles, text, graphics, applications, information, and other materials originating from third parties ("Third-Party Content").

7.2. Disclaimer of Responsibility

You acknowledge and agree that we do not investigate, monitor, or check Third-Party Websites or Third-Party Content for accuracy, appropriateness, or completeness. We are not responsible for, and assume no liability for, any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. This includes, but is not limited to, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained within the Third-Party Websites or Third-Party Content.

7.3. No Endorsement

The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply any approval or endorsement thereof by us.

7.4. User Assumes All Risk

If you decide to leave the Services and access any Third-Party Website, or to use or install any Third-Party Content, you do so entirely at your own risk. You acknowledge that these Legal Terms no longer govern. You are responsible for reviewing the applicable terms, conditions, and policies, including privacy and data-gathering practices, of any website to which you navigate from the Services.

7.5. Third-Party Transactions

Any purchases or transactions you make through Third-Party Websites are exclusively between you and the applicable third party. We take no responsibility whatsoever for such transactions. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us blameless from any harm, loss, or damage caused by your purchase of such products or services.

7.6. Release of Liability

You hereby agree to release and hold us harmless from any and all losses sustained by you or harm caused to you relating to, or in any way resulting from, any Third-Party Content or your contact with any Third-Party Websites.

SECTION 8: GOVERNING PRIVACY POLICY

Our collection and use of your personal information in connection with the Services are described in our separate Privacy Policy. You must review this policy, which is available at: https://www.makefunnel.tech/privacy-policy

By using the Services, you acknowledge that you have read our Privacy Policy and agree to be bound by its terms. You further agree that our Privacy Policy is hereby incorporated by reference into these Legal Terms.

You are hereby advised that the Services are hosted and operated from Thailand. If you access the Services from any other region with laws governing personal data collection and use that differ from Thai law, your continued use of the Services constitutes your express consent to the transfer and processing of your data in Thailand.

SECTION 9: INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Services, including our website, all source code, databases, functionality, software, website designs, text, graphics, and logos (collectively, the "Content") and the trademarks and service marks contained therein ("Marks") are owned by or licensed to Makefunnel, and are protected by copyright, trademark, and other intellectual property laws.

Except as expressly provided in these Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Services, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, strictly in accordance with these Terms.

SECTION 10: USER-GENERATED CONTENT

10.1. Ownership of Your Content

You retain all ownership rights to the sales funnels, email copy, lead forms, data, text, images, and any other materials you create, upload, or generate while using the Services ("Your Content").

10.2. License Grant to Us

To operate the Services, you must grant us certain rights. You hereby grant Makefunnel a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, display, perform, distribute, and prepare derivative works of Your Content. This license is limited in purpose to what is necessary for us to provide, operate, and improve the Services (e.g., to host your sales funnels, send your automated emails, and back up your data). This license ends when your content is deleted from our systems.

10.3. Your Representations

You represent and warrant that: (a) You own Your Content or otherwise have all necessary rights and permissions to use it and to grant us the license described in Section 9.2; (b) Your Content does not and will not infringe, misappropriate, or violate any third-party right, including any intellectual property right, publicity right, or privacy right; and (c) Your Content complies with our Prohibited Activities policy and all applicable laws.

We are not responsible or liable for any of Your Content. You are solely responsible for Your Content and for any consequences of posting or publishing it.

SECTION 11: TERM AND TERMINATION

11.1. Term

These Legal Terms shall commence on the date you create an account or first use the Services and will remain in full force and effect while you use the Services.

11.2. Termination by You

You may terminate these Terms at any time by canceling your subscription and ceasing all use of the Services, in accordance with Section 6.3.

11.3. Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at any time, for any reason, without notice. Such reasons may include, but are not limited to: (a) Any breach by you of these Legal Terms; (b) A determination that you have provided false, inaccurate, or incomplete information ; (c) A violation of our Prohibited Activities policy ; (d) Non-payment of fees due.

11.4. Effect of Termination

Upon termination of your account for any reason, your right to access and use the Services will immediately cease. We will have no obligation to maintain or forward any of Your Content. We reserve the right to delete your account and all of Your Content from our systems, and we will not be liable to you or any third party for such deletion. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

SECTION 12: DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THIS INCLUDES, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

SECTION 13: LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOT WITH STANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF:

• (A) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
• (B) 3,000 THB

JURISDICTIONAL EXCEPTIONS: CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SECTION 14: INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• (a) Your Content;
• (b) Your use of the Services;
• (c) Your breach of these Legal Terms;
• (d) Any breach of your representations and warranties set forth in these Terms;
• (e) Your violation of the rights of a third party, including but not limited to intellectual property rights.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

SECTION 15: GOVERNING LAW AND DISPUTE RESOLUTION

These Legal Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law principles.

You and Makefunnel agree to irrevocably submit to the exclusive jurisdiction of the courts of Bangkok, Thailand, to resolve any dispute, claim, or controversy that arises out of or in connection with these Legal Terms (and any non-contractual disputes/claims arising out of or in connection with them).