Please read this Terms and Conditions carefully before using this Website. 

AR FUNNEL LIMITED COMPANY

Software and Services Agreement

THIS AGREEMENT (the "Agreement") is made and entered into on today’s date by the “client” and AR FUNNEL, AR FUNNEL Limited Company, a Texas limited liability company, having its principal place of business at 51355 W Jeter Rd, Bartonville, TX 76226 (“AR FUNNEL.”).

WINESSETH:

WHEREAS, AR FUNNEL provides web marketing services; and

WHEREAS, Client desires to engage AR FUNNEL to provide such web marketing services as set forth herein;

NOW, THEREFORE, in consideration of the foregoing, and good and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows:

1. Services Provided: During the Term of this Agreement, AR FUNNEL will provide Client with the following services:

(a) on-going education and helping with management of AR Funnel CRM;

(b) AR Funnel build outs;

(c) creation of basic copy for texts;

(d) funnel integration, teaching of management and optimization;

(e) marketing strategies.

(Individually and collectively, the “Services”).

2. Permissions Granted in Connection with Services:

(a) In order to perform the Services, the Client gives AR FUNNEL the right to create and adjust campaigns, creative copy, and all aspects of the Client’s funnel/website as needed.

(b) The Client hereby authorizes AR FUNNEL to create and adjust AR Funnel campaigns, texts, emails, workflows, and all aspects of the AR funnel / website as needed.

3. Additional Terms Related to Services:

(a) ALTHOUGH THE GOAL IS TO SCALE AND PROVIDE AN OVERALL POSITIVE ROI THIS IS BY NO WAY GUARANTEED AND DEPENDS ON A NUMBER OF FACTORS. AR FUNNEL IS NOT LIABLE IF A POSITIVE ROI IS NOT MET DURING ANY TIME AND NO REFUND IS TO BE GRANTED. IF ADDITION, IF THE CLIENT DOES NOT MAKE THEIR INVESTMENT BACK IN 90 DAYS, AR FUNNELS SOFTWARE AND SERVICES ARE FREE UNTIL THE CLIENT DOES MAKE THEIR INVESTMENT BACK. COACH MUCH WATCH ALL COURSE MARITAL AND MAKE 80% OF THE GROUP CALLS AND/OR RECORDINGS FROM START DATE.

AR FUNNEL and the Client will be accessible during the week for questions, to provide logins, content, feedback and other required assets. A delay or inability by the Client to provide the require content, assets, logins, etc. may cause a delay or decrease in the accounts performance. AR FUNNEL will not be responsible for this delay if the Client fails to provide all the necessary content, creatives, logins, URL links in a timely manner, ideally within 48 hours of the request.

4. Development of Copy. AR FUNNEL, working in conjunction with the Client, will develop the advertising copy and other content to be utilized in the Client’s funnel /website (“Copy Content”). AR FUNNEL will show such proposed Copy to the Client for its review before activating such Copy Content. It is Client’s responsibility to review all workflows, emails, campaigns, texts, facts, representations and claims in such Copy Content for accuracy. While the Copy Content will be developed in conjunction with the Client, the Client will be solely liable for such Copy Content, including all legal claims and other product/service efficacy claims made therein, and all of legal aspects of the use of such copy. IN NO EVENT WILL AR FUNNEL HAVE ANY LIABILITY FOR THE USE, DISTRIBUTION AND/OR DISSEMINATION OF ANY SUCH COPY CONTENT.

5. Third Party Software and Content Licenses. Client shall be solely responsible for the maintenance of all software and other third party content licenses (such as photographs, music and the like) and media discs necessary to install or service any software or other third party content specified to be included as part of the Services. To the extent that a new license or additional licenses are required for AR FUNNEL to provide the Services, AR FUNNEL will notify the Client in advance of all new or additional licenses and will facilitate purchase of said licenses where applicable. In no event will AR FUNNEL provide any Services with respect to which Client cannot demonstrate that it has obtained a license broad enough to allow such Services.

6. Fees and Expenses:

(a) The Client will be charged additional fees beyond the Retainer if AR FUNNEL is required to use its staff or contractors for additional work outside AR FUNNEL. For example, this may include customer support beyond the tech, copy, funnels AR FUNNEL builds or creates, or other website development outside of the scope of this Agreement. These costs will be reflected on the Client’s next invoice. This additional work must be discussed with the Client ahead of time and they must provide written or verbal consent before AR FUNNEL carries out any extra service at any additional cost outside of the monthly Retainer.

(b) Additionally, if any member of AR FUNNEL is required to travel to an event or location outside of Frisco, Texas for a marketing event, strategy sessions, etc. the Client will reimburse AR FUNNEL for all reasonable expenses such as airfare, hotels, car hire or taxis, food and other basic necessities incurred. The incurrence of such expenses shall be subject to prior written approval by the Client.

7. Payment Terms: AR FUNNEL shall invoice the Client thirty (30) days in advance. Payment in full of the Retainer and all applicable additional expenses incurred will be due within four (4) days following the first day of each month and failure to provide payment within this time will cause the instant shut down of all AR FUNNEL account and all funnels until all outstanding payments are settled. AR FUNNEL is not responsible for loss of revenue or opportunity if the funnels and software are closed down due to outstanding payments.

Unless otherwise agreed, a payment link will be provided and auto re-billed every thirty (30) days until the client or AR FUNNEL have provided notice of termination pursuant to Section 6, below.

8. Intellectual Property:

(a) Client Proprietary Intellectual Property. AR FUNNEL acknowledges that as part of performing the Services, AR FUNNEL personnel may have access to or utilize Client proprietary software, methodologies, tools, specifications, drawings, sketches, models, samples, records, documentation, works of authorship or creative works, ideas, knowledge or data which has been originated or developed by personnel of Client or its affiliates or by third parties under contract to Client to develop same, or which has been purchased by, or licensed to, Client (collectively, “Client Proprietary Intellectual Property”). AR FUNNEL agrees that Client Proprietary Intellectual Property is the sole property of Client (or its licensor) and that Client (or its licensor) will at all times retain sole and exclusive title to or ownership thereof. Nothing contained in this Agreement or otherwise shall be construed to grant to AR FUNNEL any right, title, license or other interest in, to or under any Client Proprietary Intellectual Property (whether by estoppel, implication or otherwise), except the right to modify and otherwise use the Client Proprietary Intellectual Property only in conjunction with the performance of the Services.

(b) Ownership of AR FUNNEL. Subject to the provisions of Sections 7(c), 7(d) and 7(e), below, AR FUNNEL agrees that upon payment in full, the AR FUNNEL Deliverables shall become the property of, and ownership thereof shall vest in, Client. AR FUNNEL agrees to take all reasonably necessary actions which are necessary to assure the conveyance to Client of all right, title and interest in, to and under any AR FUNNEL Deliverables, including copyright. The cost of conveying such rights shall be at Client’s expense.

(c) Residual Rights. Notwithstanding the above, Client agrees that AR FUNNEL, its affiliates and their respective employees and agents shall be free to use and employ their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, tools, processes, techniques or skills gained or learned either before or during the course of any Services performed hereunder, subject to its obligations respecting Client’s Confidential Information pursuant to Section 8, below. Client understands and agrees that AR FUNNEL and its affiliates may perform similar services for third parties using the same personnel that AR FUNNEL may utilize for rendering the Services for Client hereunder, subject to AR FUNNEL' obligations respecting Client’s Confidential Information pursuant to Section 8.

(d) AR FUNNEL Proprietary Intellectual Property. Client acknowledges that as part of performing the Services, AR FUNNEL personnel may utilize AR FUNNEL proprietary authoring scripts, source code, custom utilities and other proprietary software, methodologies, tools, specifications, drawings, sketches, models, samples, records, documentation, works of authorship or creative works, ideas, knowledge or data which has been originated or developed by the personnel of AR FUNNEL or its affiliates or by third parties under contract to AR FUNNEL to develop same, or which has been purchased by, or licensed to, AR FUNNEL, or may otherwise create any of the foregoing as part of the Services (collectively, “AR FUNNEL Proprietary Intellectual Property”). Client agrees that AR FUNNEL Proprietary Intellectual Property is the sole property of AR FUNNEL (or its licensor) and that AR FUNNEL (or its licensor) will at all times retain sole and exclusive title to and ownership thereof and is considered Confidential Information of AR FUNNEL as set forth in Section 7, below. Nothing contained in this Agreement or otherwise shall be construed to grant to Client any right, title, license or other interest in, to or under any AR FUNNEL Proprietary Intellectual Property (whether by estoppel, implication or otherwise), except as expressly provided in the next sentence. Notwithstanding the immediately preceding sentence, AR FUNNEL agrees that upon payment in full, AR FUNNEL hereby grants to Client a limited, perpetual, royalty free, fully-paid, non-exclusive, non-assignable worldwide license to use, copy, modify and create derivative works of any AR FUNNEL Proprietary Intellectual Property which is included within the AR FUNNEL Deliverables, solely for the purpose of using or otherwise exploiting the AR FUNNEL Deliverable as contemplated by the Statement of Work. In no event may Client sell, assign, transfer or otherwise exploit any such AR FUNNEL Deliverable except as specifically provided herein.

(e) AR FUNNEL Enhancements. Client agrees that any additions, enhancements, improvements or other modifications to AR FUNNEL Proprietary Intellectual Property developed, acquired, or first conceived or reduced to practice by AR FUNNEL personnel or any third party on behalf of AR FUNNEL, whether in conjunction with performing the Services for Client or otherwise ("AR FUNNEL Enhancements") shall be the sole property of, and ownership shall vest in, AR FUNNEL (or its licensor). Client agrees to take all reasonably necessary actions which are necessary to assure the conveyance of all right, title and interest in, to and under any AR FUNNEL Enhancements, including copyright, to AR FUNNEL (or its licensor). The cost of conveying such rights shall be at AR FUNNEL' expense. Notwithstanding the immediately preceding sentence, AR FUNNEL agrees that upon payment in full, AR FUNNEL hereby grants to Client a limited, perpetual, royalty free, fully-paid, non- exclusive, non-assignable worldwide license to use, copy, modify and create derivative works of any AR FUNNEL Enhancement which is included within the AR FUNNEL Deliverables, solely for the purpose of using or otherwise exploiting the AR FUNNEL Deliverable as contemplated by the Statement of Work

(f) AR FUNNEL has the right to remove any of the related campaigns and content created during its contracted period prior to termination of this Agreement if any amounts payable from the Client remain outstanding. Until payment in full of such outstanding amounts, all content and campaigns remain the intellectual property of AR FUNNEL.

9. Confidentiality:

(a) Client and AR FUNNEL shall each (i) hold the Confidential Information (as defined below) of the other in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than reasonable care, and (ii) not use the Confidential Information of the other party for any purpose whatsoever except as expressly contemplated under this Agreement or any Statement of Work. Each party shall disclose the Confidential Information of the other only to those of its employees having a need to know such Confidential Information and shall take all reasonable precautions to ensure that its employees comply with the provisions of this Section 8.

(b) The term “Confidential Information” shall mean any and all information or proprietary materials (in every form and media) not generally known in the relevant trade or industry and which has been or is hereafter disclosed or made available by either party (the “disclosing party”) to the other (the “receiving party”) in connection with the efforts contemplated hereunder, including (i) all trade secrets, (ii) existing or contemplated products, services, designs, technology, processes, technical data, engineering, techniques, methodologies and concepts and any information related thereto, and (iii) information relating to business plans, sales or marketing methods and Client lists or requirements.

(c) The obligations of either party under this Section 8 will not apply to information that the receiving party can demonstrate (i) was in its possession at the time of disclosure and without restriction as to confidentiality, (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to the public through no breach of agreement or other wrongful act by the receiving party, (iii) has been received from a third party without restriction on disclosure and without breach of agreement or other wrongful act by the receiving party, (iv) is independently developed by the receiving party without regard to the Confidential Information of the other party, or (v) is required to be disclosed by law or order of a court of competent jurisdiction or regulatory authority, provided that the receiving party shall furnish prompt written notice of such required disclosure and reasonably cooperate with the disclosing party, at the disclosing party’s cost and expense, in any effort made by the disclosing party to seek a protective order or other appropriate protection of its Confidential Information.

(d) Notwithstanding the foregoing, AR FUNNEL shall be entitled to use Client's name and results from the Services in any and all marketing materials utilized by AR FUNNEL to market its Services.

10. Term: This term of this Agreement shall begin on the Effective Date and will remain in effect for a period of one (1) year (the “Initial Term”). This Agreement will renew automatically for additional one (1) year terms (each, a “Renewal Term”) following the end of the Initial Agreement unless either party shall have notified the other party of its intention not to renew this Agreement following the end of the Initial Term or, if applicable, the then-current Renewal Term. The Initial Term and the Renewal Term(s) are hereinafter collectively referred to as the “Term Agreement.”

11. Termination:

(a) This Agreement may be terminated by either party (the “non-defaulting party”) if any of the following events occur by or with respect to the other party (the “defaulting party”): (i) the defaulting party commits a material breach of any of its obligations hereunder and fails to cure such breach within the time period set forth in Section 10(b) hereof or fails to reach an agreement with the non-defaulting party regarding the cure thereof; or (ii) any insolvency of the defaulting party, any filing of a petition in bankruptcy by or against the defaulting party, any appointment of a receiver for the defaulting party, or any assignment for the benefit of the defaulting party’s creditors.

(b) In the event either party commits a material breach of any its obligations hereunder, the non-defaulting party will so notify the defaulting party in writing (and, in such notice, indicate the nature of the breach and the assertion of the non-defaulting party’s right to terminate). The defaulting party will have fourteen (14) days (except five (5) days in the case of payment of monies due) following receipt of such notice to cure such breach or, if such breach reasonably cannot be cured in fourteen (14) days, such longer period of time as may be reasonably necessary to effect such cure if the defaulting party furnishes to the non-defaulting party within such fourteen (14) day period a plan demonstrating that it is capable of curing the breach and thereafter diligently proceeds to prosecute such plan to completion. If such breach remains uncured after such cure period, the non-defaulting party may terminate this Agreement pursuant to this Section 9 effective immediately by sending further notice to such effect.

(c) In the event AR FUNNEL terminates this Agreement for cause pursuant to this Section 9, AR FUNNEL will be entitled to recover payment for all Services rendered through the date of termination (including for all work in progress).

(d) Effect of Termination: In the event of termination or upon expiration of this Agreement, Sections 4, 5, 6, 7, 8, 11, 12, 13, 14, 17 and 18 hereof will survive and continue in full force and effect.

12. Non-Solicitation:

(a) During the Term hereof and for a period of eighteen (18) months thereafter, Client shall not, directly or indirectly through any affiliates, subsidiaries, related parties or intermediaries, solicit for employment or employ, whether as an employee or independent contractor, or hire, engage or accept services provided by, any employee, officer or independent contractor of AR FUNNEL.

(b) In the event that Client violates the terms of this Section 10, Client shall pay to AR FUNNEL a sum equal to twelve (12) times the monthly compensation as paid by AR FUNNEL to such person for the last full month of employment or contracting period with AR FUNNEL. Client acknowledges and agrees that the foregoing payment has been calculated and agreed in advance, does not constitute a penalty, and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute or under this Agreement.

13. Warranty and Warranty Disclaimers:

(a) AR FUNNEL warrants that its Services shall be performed in a manner that is consistent with applicable industry standards.

(b) AR FUNNEL makes no reprentations or warranties with respect to any text or email Content.

(c) AR FUNNEL provide no guarantee of a positive ROI or any predictions to the amount of money or given return that the funnels/websites will provide. No refunds will be given, regardless of perceived standard or ROAS. AR FUNNEL does not guarantee that its work will be error-free. AR FUNNEL DOES NOT WARRANT OR GUARANTEE THE RESULTS OR ACHIEVEMENTS OF THE SERVICES PROVIDED HEREUNDER.

14. Limitations of Liability:

(a) a) IN NO EVENT SHALL AR FUNNEL BE LIABLE TO CLIENT OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST REVENUES, PROFITS, SAVINGS OR BUSINESS) OR LOSS OF RECORDS OR DATA, WHETHER IN AN ACTION BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF AR FUNNEL HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY AR FUNNEL.

(b) IN NO EVENT SHALL THE LIABILITY OF AR FUNNEL TO CLIENT ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED, IN THE AGGREGATE, THE TOTAL FEES PAID BY CLIENT TO AR FUNNEL DURING THE PAST TWELVE (12) MONTHS FOR THE PARTICULAR SERVICES WHICH GAVE RISE TO THE CLAIM, WHETHER SUCH LIABILITY IS BASED ON AN ACTION IN CONTRACT, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.

(c) The parties agree that this Agreement is solely for the benefit of the parties hereto and no provision of this Agreement shall be deemed to confer upon any other person or entity any remedy, claim, liability, reimbursement, cause of action or other right whatsoever.

i) The parties also agree that with this Agreement, AR FUNNEL is not liable for any lawsuits regarding Telephone Consumer Protection Act (TCPA).

ii) Use of Communication Services. AR FUNNEL may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. AR FUNNEL is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. AR FUNNEL is a technology platform communication service application provider ONLY. AR FUNNEL does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.

(d) AR FUNNEL does not and cannot control the flow of data to or from the system components and other portions of Client's network and the Internet. Such flow depends on the performance of the network or Internet services provided or controlled by Client or by third parties. At any time, actions or inactions of Client or such third parties can impair or disrupt Client's connections to Client's network or the Internet (or portions thereof). AR FUNNEL CANNOT AND DOES NOT GUARANTEE THAT SUCH EVENTS SHALL NOT OCCUR. ACCORDINGLY, AR FUNNEL SHALL HAVE NO OBLIGATION TO CORRECT ANY SUCH IMPAIRMENTS OR DISRUPTIONS AND AR FUNNEL MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH.

(e) AR FUNNEL disclaims all liability with respect to the creation, use and/or dissemination of any copy Content.

(f) AR FUNNEL’ entire liability under this Agreement shall be as set out in this Section 13. The parties have agreed that the limitations specified in this Section 13 will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

15. Indemnification:

(a) Intellectual Property Rights Indemnity. AR FUNNEL and Client (in such case, the “indemnifying party”) each agree to indemnify and hold harmless the other (in such case, the “indemnified party”) from and against any costs and damages awarded against the indemnified party by a court pursuant to a final judgment as a result of, and defend the indemnified party against, any claim of infringement of any U.S. patent or copyright or misappropriation of any trade secret related to AR FUNNEL’ Services (in the case of indemnification by AR FUNNEL) or AR FUNNEL' possession, use or modification of any software, documentation, data or other property provided by the Client (in the case of indemnification by Client). In the event of an infringement or misappropriation claim as described in this Section 14(a), or if AR FUNNEL reasonably believes that a claim is likely to be made, AR FUNNEL, at its option and in lieu of indemnification, may: (i) modify the applicable Services so that they become non-infringing but functionally equivalent; (ii) if such Services may not be modified to avoid such infringement problem, refund to Client a pro rata portion of the fees received for such Services that are the subject of such a claim. AR FUNNEL shall have no obligation under this Section 14(a) or other liability for any infringement or misappropriation claim resulting or alleged to result from: (1) any aspect of Client’s software, hardware, documentation or data which existed prior to AR FUNNEL' performance of Services; (2) any claim arising from any instruction, information, design or other materials furnished by Client or any third party to AR FUNNEL hereunder; or (3) Client’s continuing the allegedly infringing activity after being notified thereof or after being informed and provided with modifications that would have avoided the alleged infringement. This Section 14(a) sets forth the exclusive remedy and entire liability and obligation of each party with respect to intellectual property infringement or misappropriation claims, including patent or copyright infringement claims and trade secret misappropriation.

(b) Personal Injury and Property Damage Indemnity. AR FUNNEL and Client each agree to indemnify, defend and hold harmless the other from and against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses, arising out of third party claims for bodily injury or damage to real or tangible personal property, to the extent caused directly and proximately by the gross negligence or willful misconduct of the indemnifying party, its employees or agents.

(c) General Indemnity. Client shall indemnify, defend, and hold harmless AR FUNNEL agents from and against all claims, losses, damages, liabilities and expenses, including reasonable attorneys' fees and court costs arising from (i) a third party claim to the extent that such claim arises from Client's business activities; (ii) Client’s use of the Services hereunder, excluding those actions for which AR FUNNEL is indemnifying Client pursuant to this Section 14; (iii) any claims relating to any Copy Content; (iv) any breach of this Agreement by Client; or ( v) the failure of Client to comply with any law, ordinance or regulation.

(d) Indemnification Procedures. The obligations to indemnify, defend and hold harmless set forth above in this Section 14 will not apply to the extent the indemnified party was responsible for giving rise to the matter upon which the claim for indemnification is based and will not apply unless the indemnified party (i) promptly notifies the indemnifying party of any matters in respect of which the indemnity may apply and of which the indemnified party has knowledge; (ii) gives the indemnifying party full opportunity to control the response thereto and the defense thereof, including any agreement relating to the settlement thereof, provided that the indemnifying party shall not settle any such claim or action without the prior written consent of the indemnified party (which shall not be unreasonably withheld or delayed); and (iii) cooperates with the indemnifying party, at the indemnifying party’s cost and expense in the defense or settlement thereof. The indemnified party may participate, at its own expense, in such defense and in any settlement discussions directly or through counsel of its choice on a monitoring, non- controlling basis.

16. Force Majeure: The performance of either party under this Agreement (other than the payment of amounts due) may be suspended to the extent and for the period of time that such party is prevented or delayed from fulfilling its obligations due to causes beyond its reasonable control (including, without limitation, acts of God, acts of civil or military authority including governmental priorities, strikes or other labor disturbances, fires, floods, epidemics, wars, or riots).

17. No Relationship to Facebook, Instagram, or High Level: AR FUNNEL is not affiliated in whole or in part with Facebook, Inc. or Instagram, Inc. and neither Facebook, Inc., Instagram, Inc. nor High Level Inc, have endorsed AR FUNNEL.

18. Governing Law and Jurisdiction: This Agreement shall be governed and construed in accordance with the internal substantive laws of the State of Texas, without regard to its conflicts of laws principles. All disputes arising out of or with respect to this Agreement shall be heard exclusively in the courts, state and Federal, located in Frisco, Texas, USA. No action, regardless of form, arising out of this Agreement, may be brought by either party more than one (1) year from the last date of payment.

19. Miscellaneous:

(a) AR FUNNEL' employees are not and shall not be deemed to be employees of Client. AR FUNNEL shall be solely responsible for the payment of all compensation to its employees, including provisions for employment taxes, workers' compensation and any similar taxes associated with employment of AR FUNNEL’ personnel. AR FUNNEL and Client are not partners or joint venturers; neither party is the agent, representative or employee of the other party; and nothing in this Agreement will be construed to create any relationship between them other than an independent contractor relationship. Neither party will have any responsibility nor liability for the actions of the other party except as specifically provided herein. Neither party will have any right or authority to bind or obligate the other party in any manner or make any representation or warranty on behalf of the other party. AR FUNNEL will have sole responsibility for the assignment of personnel to perform any Services. Such personnel will not be restricted or prevented from performing similar services for others.

(b) All notices, consents and other communications required or which may be given under this Agreement will be deemed to have been duly given (a) three (3) days after being mailed by registered or certified mail, return receipt requested; or (b) when received by the addressee, if sent by facsimile transmission or by Express Mail, Federal Express or other express delivery service (receipt requested), in each case addressed to a party at its address first set forth above (or to such other address(es) as such party may hereafter designate as to itself by notice to the other party hereto).

(c) AR FUNNEL is hereby authorized to utilize Client's name, logos, trademarks and/or service marks in the AR FUNNEL client list, in media releases, public announcements and public disclosures, including use in promotion and marketing materials.

(d) Neither party may assign or otherwise transfer any of its rights, duties or obligations under this Agreement without the prior written consent of the other party, (ii) either party may, upon prior written notice to the other party (but without any obligation to obtain the consent of such other party), assign this Agreement or any of its rights hereunder to any affiliate of such party, or to any person or entity who succeeds (by purchase, merger, operation of law or otherwise) to all or substantially all of the capital stock, assets or business of such party, if such person or entity agrees in writing to assume and be bound by all of the obligations of such party under this Agreement and (iii) AR FUNNEL may assign the right to monies due or to become due under this Agreement. Any attempted assignment or transfer in contravention of this paragraph will be void and of no force and effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assignees.

(e) If the scope of any provision of this Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provision shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions hereof in any other jurisdiction.

(f) This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

(g) This Agreement may not be amended or modified, nor may any right or remedy of any party be waived, unless the same is in writing and signed by a duly authorized representative of such party.

(h) No failure or delay by any party in exercising any of its rights or remedies hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Except as otherwise provided herein, the rights and remedies of the parties provided in this Agreement are cumulative and not exclusive of any rights or remedies provided under this Agreement, by law, in equity or otherwise.

(i) All of the terms and provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective transferees, successors, assigns and heirs, unless otherwise specifically provided herein.

(j) If any party brings any action or proceeding to enforce, protect or establish any right or remedy under this Agreement or with respect to the transaction contemplated hereby, the prevailing party shall be entitled to recover actual attorney's fees and costs.

(k) This Agreement sets forth the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior negotiations or agreements, whether oral or in writing, with respect to the subject matter of this Agreement.

(l) This Agreement may be executed in one or more counterparts, each of which shall be deemed to be a duplicate original but all of which, when taken together, shall constitute a single instrument.

IN WITNESS WHEREOF, the parties, through their duly authorized representatives, have executed this Agreement, to be effective as of the date first hereinabove set forth.

Acceptance of the Terms & Conditions

These terms & conditions are entered into by and between You and AR Funnel Limited Company ("AR FUNNEL", “Company“, “we” or “us“). The following terms and conditions, together with any documents they expressly incorporated by reference (collectively, these “Terms & Conditions“), govern your access to and use of or

www.arfunnel.io

(the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user. By using the Website, you accept and agree to be bound and abide by these Terms & conditions, our privacy policy (the “Privacy Policy”), and our earnings disclaimer (the “Disclaimer”) all of which can be found in the Website footer and are incorporated herein by reference. If you do not want to agree to or accept these Terms & conditions, the Privacy Policy, or the Earnings Disclaimer, you must not access or use the Website.

The Website is only offered and available to users who are 18 or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & conditions, and to abide by and comply with these Terms & conditions. If you do not meet all of the foregoing requirements, you must not access or use any Website.

AR FUNNEL reserves the right to make changes to these Terms at any time.

All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

Changes to the Terms & Conditions

We may revise and update these Terms & conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms & conditions means that you accept and agree to the changes. We encourage and expect you to consult the Terms & conditions each time you access the Website so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for (a) making all arrangements necessary for you to have access to the Website and (b) ensuring that all persons who access the Website through your internet connection are aware of these Terms & conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & conditions.

Prohibited Uses

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which AR FUNNEL may immediately suspend or termination your Platform Account in accordance with these Terms:

Use of the Platform in any way that violates any applicable law or regulation.

Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.

Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.

Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

Impersonating or attempting to impersonate AR FUNNEL, a AR FUNNEL employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform

Engaging in any conduct that would may, as determined by AR FUNNEL, harm Platform users or AR FUNNEL, or expose either to liability.

Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.

Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without AR FUNNEL's prior written consent.

Use of any device, software or routine that interferes with the proper working of the Platform.

Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.

Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempting to interfere with the proper working of the Platform.

Use of Communication Services.

The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. AR FUNNEL is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. AR FUNNEL is a technology platform communication service application provider ONLY. AR FUNNEL does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.

No Refunds or Credits

Except as described below, all Fees assessed by AR FUNNEL are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. AR FUNNEL does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription.

Except as may be required by law, AR FUNNEL reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and AR FUNNEL's determination of if and when to issue or deny a refund or credit is final.

Cancellations

.

You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account. If you choose you cancel you must give a 28 day notice for cancelation.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Violation of this Section is strictly prohibited without the express, written permission of Company. For information on requesting such permission, contact us at team@arfunnel.io

These Terms & conditions permit you to use the Website for your personal, non-commercial use only. You must not sell, license, rent, copy, reproduce, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, republish, adapt, edit, download, store or transmit any of the material on our Website, with the following exceptions: (1) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) you may store files that are automatically cached by your Web browser for display enhancement purposes; (3) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution; (4) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and (5) if we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not (1) modify copies of any materials from the Website; (2) use any illustrations, photographs, video or audio sequences or any graphics from the Website separately from the accompanying text; (3) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms & conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & conditions is a breach of these Terms & conditions and may violate copyright, trademark and other laws.

Digital Millennium Copyright Act, Copyright Infringement; Notice and Take Down Procedure

AR FUNNEL specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. AR FUNNEL will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (hereinafter the “DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

AR FUNNEL

550 Industry Way Ste 30 Prosper Tx, 75078

USA

Team@arfunnel.io

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

1) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms & conditions. You agree not to use the Website (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms & conditions; (d) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (e) to impersonate or attempt to impersonate the Company, a Company employee or manager, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to (1) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (2) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website. 

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms & conditions.

Any User Contribution you post to the Website will be non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

Without limiting the foregoing, you agree and understand that other individual members of the membership program(s) available on the Website may see the information that you post on any applicable Website membership area. For this reason, you agree that you shall not post any information on the Website that you do not want others to see. You agree that anything you post in the applicable membership area of the Website is at your own risk, and you further agree to hold Company harmless from any and all damage that could occur to you from any information that you post. For additional details, please see our Privacy Policy.

You represent and warrant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns; and (b) all of your User Contributions do and will comply with these Terms & conditions. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

Monitoring and Enforcement; Termination

We have the right to (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms & conditions, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms & conditions.

To the extent you are involved in a membership program on the Website, either you or the Company can cancel your participation in any of our membership programs at any time and for any reason. Except for refunds pursuant to any specified refund periods in any payment terms entered into between you and the Company, no refunds for previous months of membership will be given in the event you or Company terminates your membership in the Website.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

We cannot and/or do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.

Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & conditions and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization’ (i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; (j) contain any occult, hateful, or racist material; or (k) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. To the extent it is questionable whether User Contributions violate the Content Standards, the Company reserves the right to make the final decision regarding whether a violation has occurred and reserves the right to terminate any user’s access to the Website without prior notice for a violation of this provision.

Further requirements regarding the conduct that is expected of all users of the Website may also be found via posts from the Company on the Website, and you agree to comply with such requirements. 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy, which is incorporated herein by reference. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Terms of Sale

All purchases made on the Website are subject to this Section (the “Terms of Sale”). By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.

By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.

In the event of any inconsistency between these Terms of Sale and our Website Terms & conditions, Earnings Disclaimer, and/or Privacy Policy, the provisions of these Terms of Sale will control.

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order information and details of the items you have ordered.

Prices and Payment Terms

All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Subject to our right to increase the cost of subscription-based services (as noted in the Section entitled “Sale of Subscription Services” below), price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges (if applicable) will be added to your purchase total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.

Terms of payment are within our sole discretion, and payment must be received by us in the manner specified on the Website before our acceptance of an order. If using a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if applicable, regardless of the amount quoted on the Website at the time of your order.

Depending on the Service or Plan purchased, you will be subject to pay for features inside the plan or service. Subject too but not limited to; cost per sms or mms sent or received, cost per email sent or received, phone per sms sent or received, voicemail per sms sent or received, cost per phone number used int he account, cost per client number or email validated inside the account, the usage of Ai in the account, reviews inside the account, and subject to have other charges inside the service or plan based on usages or upgrades. AR Funnel is not responsible for cost of usage inside the account but only providing login access to the account and ensuring the account is upheld to a working standard. Under no account is AR Funnel required to refund the account for any given reason. No refunds on any "in app" or in account purchases or fees. AR will only refund the monthly payments paid for access to the account and with each refund, it's at AR Funnels discretion to issue a refund of any sort. IF YOU ARE UNSURE OF ANYTHING YOU ARE PURCHASING. PLEASE DO NOT PURCHASE FROM AR FUNNEL LIMITED COMPANY.

Sale of Goods

The Website may from time to time offer the sale of tangible products (“goods”) to you. We will arrange for shipment of goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are a reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Sale of Subscription/Membership Services

The Website may from time to time offer optional subscription services (or subscription membership programs) for specific users (“Subscription Services”). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on the Website. Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments (or other periodic payments as specified on the Website at the time of purchase) will continue to be charged to your credit card on a recurring basis until you cancel your Subscription Service. The amount of the recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services must be cancelled in writing (by email to (team@arfunnel.io) at least thirty (30) days prior to your next recurring payment in order to avoid billing of the next Subscription Service recurring payment. Subscription Service fees are not prorated or refundable unless expressly stated otherwise on the Website.

If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services.

You agree to submit any disputes regarding any charge to your account in writing (at the email address above) to us within sixty (60) days after such charge, otherwise such dispute is waived by you and such charge will be final and not subject to challenge.

Warranty and Disclaimers Relating to Purchases

OUR COMPANY MAKES NO GUARANTEE THAT IT WILL ACCOMPLISH ANY PARTICULAR RESULT FOR YOU OR YOUR BUSINESS, AND THE COMPANY WILL NOT GUARANTEE THE DELIVERY OR PERFORMANCE OF ANY DELIVERABLES OR SERVICES EXCEPT AS IS EXPRESSLY AGREED UPON IN WRITING. ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, YOU MAY FROM TIME TO TIME VIEW INSTRUCTIONAL MATERIALS AND VIDEOS THROUGH THE WEBSITE. YOU UNDERSTAND THAT EVERY PERSON’S SITUATION IS DIFFERENT, AND THAT THE COMPANY AND ITS REPRESENTATIVES ARE NOT ABLE TO DETERMINE WHETHER ITS INSTRUCTIONAL MATERIALS ARE APPROPRIATE FOR YOU. NEITHER THE COMPANY NOR ANY PRESENTER OF SUCH INSTRUCTIONAL MATERIALS OR INFORMATION MAKES ANY CLAIM, GUARANTEE, OR WARRANTY THAT THEIR INFORMATION OR PROGRAMS ARE EFFECTIVE OR APPROPRIATE IN ANY CERTAIN SITUATION. THE WEBSITE VIDEOS AND MATERIALS ARE PROVIDED FOR LEARNING PURPOSES, BUT ANY PERSON ATTEMPTING TO UTILIZE SUCH INFORMATION AND PROGRAMS MUST RELY UPON HIS/HER OWN JUDGMENT IN DETERMINING WHETHER, HOW, AND IN WHAT SITUATIONS TO UTILIZE THE INFORMATION AND PROGRAMS ON THE WEBSITE. BECAUSE EVERY PERSON IS UNIQUE, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY (AND THE PRESENTER OF ANY INFORMATION ON THE WEBSITE) THAT RELATE IN ANY WAY TO THE INSTRUCTIONAL MATERIALS, VIDEOS, AND OTHER PROGRAMS AND INFORMATION PRESENTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR NEGLIGENCE, GROSS NEGLIGENCE, FRAUD, OR MISREPRESENTATION. 

YOU FURTHER AGREE TO THE TERMS OF OUR EARNINGS DISCLAIMER WITH RESPECT TO YOUR PURCHASES ON THE WEBSITE.

We do not manufacture or control any third-party products or third-party services offered on our Website. The availability of third-party products or services through our Website does not indicate an affiliation with or endorsement of any product, service, manufacturer, or service-provider or business. Accordingly, we do not provide any warranties with respect to the third-party products or services offered on our Website.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE OR THE SALE OF PRODUCTS AND SERVICES TO YOU, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER RELATED TO OUR PRODUCTS AND/OR SERVICES, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to (a) link from your own or certain third-party websites to certain content on the Website; (b) send e-mails or other communications with certain content, or links to certain content, on the Website; or (c) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (c) link to any part of the Website other than the homepage; (d) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms & conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

Geographic Restrictions

The owners of the Website are based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT ACTING AS A FINANCIAL OR LEGAL ADVISOR AND DOES NOT GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT FROM USING THE WEBSITE OR FROM PARTICIPATING IN THE COMPANY’S MEMBERSHIP PROGRAMS LOCATED ON ITS WEBSITES. PLEASE SEE OUR COMPLETE EARNINGS DISCLAIMER, ACCESSIBLE IN THE FOOTER OF OUR WEBSITE, FOR ADDITIONAL DETAILS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. 

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE MEMBERSHIP PROGRAMS AVAILABLE THROUGH THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms & conditions or your use of any information obtained from the Website. 

Governing Law and Jurisdiction

All matters relating to the Website and these Terms & conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding commenced by you and arising out of, or related to, these Terms & conditions or the Website shall be instituted exclusively in the state or federal district courts located in Denton County, Texas. Notwithstanding the foregoing, we retain the right to bring any suit, action or proceeding against you for breach of these Terms & conditions in Denton County, Texas or in your county of residence (if in the United States) or any permissible venue (if outside the United States). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Arbitration

At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms & conditions or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law. 

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms & conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms & conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & conditions will continue in full force and effect. 

Entire Agreement

The Terms & conditions and the other documents specifically incorporated herein constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Neither you nor Company are relying on any representation not contained herein (or in the other documents specifically incorporated herein). 

Contacting Us

If you need to contact us, please email us at

Team@arfunnel.io

*Last updated 1/14/24