Terms of Service

Combined Terms of Service & Acceptable Use
Last Updated: 1/1/2026

These Terms of Service & Acceptable Use ("Agreement") form a legally binding contract between you ("Customer," "you," or "your") and TrueFunnel, LLC (“TrueFunnel”), a Delaware corporation ("Company," "we," "us," or "our"). Use of the Services (defined herein) is also governed by our Privacy Policy, which is incorporated by reference. By creating an account, accessing the Services, or using any Free Scans or Subscription Plans, as those terms are defined herein, you agree to this Agreement and the Privacy Policy. If you are entering this Agreement on behalf of an organization, you represent that you have authority to bind that organization, in which case the terms “Customer” or “you” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not use the Services. You acknowledge that this Agreement is a contract between you and TrueFunnel, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

1. Definitions

Services: Our cloud-based platform that gathers and summarizes website information and digital insights.
Free Scans: The limited, no-charge scan functionality that allows an Authorized User to run website scans as part of the Services. These scans may be subject to feature limits, volume limits, or other limitations.
Subscription Plan: A paid plan that provides ongoing access to the Services.
Authorized Users: Individuals permitted by you to access the Services under your account.
Customer Content: Data, URLs, or materials submitted by you to the Services.
Website Scan Data: Information generated by the Services when scanning websites.
Feedback: Comments, ideas, or suggestions you provide regarding the Services.

3. Acceptance & Eligibility

You must be at least 18 years old and use the Services, and you must only use the Services for lawful business purposes. You agree not to use or permit the use of the Services for any illegal purpose, or to achieve any kind of unauthorized access to any computer systems, software, data, real, personal, or violate any intellectual property rights, privacy rights, or other rights of any third party. You agree not to interfere with other Customers’ use of the Services.

If you do not agree to these terms, do not access or use the Services. The Services are offered solely for business and commercial use and are not intended for personal, family, or household purposes.

If we determine that a breach of this Section has occurred, then we may, in our sole discretion, and without liability: (i) restrict your access to the Services; (ii) remove or require removal of any offending content; (iii) terminate this Agreement for cause; and/or (iv) exercise other rights and remedies, at law or in equity. Except in an emergency, as deemed necessary by us or as may otherwise be required by law, before undertaking the actions in this Section, we will attempt to notify you by any reasonably practical means. You will promptly notify us of any event or circumstance related to this Agreement that could lead to a claim or demand against us.

4. Account Registration & Security

You agree to provide us with complete and accurate information during account registration and thereafter, and keep your credentials secure. You are responsible for all activity under or otherwise with respect to your account, and you acknowledge that we have no control over the information passing through your account, and it is your responsibility to ensure any information provided complies with applicable laws and regulations. Notify us immediately of any unauthorized access. We may suspend or terminate your account if we detect misuse or security risks.

5. Subscriptions, Free Scans & Payments

Users may access a limited scan functionality at no charge to evaluate the Services. Access to additional or advanced features requires a paid subscription. We may apply reasonable technical limitations, throttling, or fair use rules to prevent misuse or abuse of Free Scans.
Paid subscriptions renew automatically unless canceled before the renewal date, or legally prohibited by relevant law. For annual subscriptions, we will provide at least 30 days’ advance notice prior to renewal. You may cancel online through your account settings at any time. If automatic renewal is not permitted in your state, you will be required to confirm that you wish to renew your subscription in writing.
Payments are processed through our third-party payment processor. You authorize us to charge your stored payment method at each billing cycle.
We may change pricing or features at renewal or otherwise as needed, with advance notice.
Except where required by law, all fees are non-refundable, and refunds are granted only at our discretion or where required by law.

6. License Grant & Acceptable Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes and subject to all terms and conditions set forth herein. You may only scan or analyze websites that you own, control, or are expressly authorized to scan, and all use of the Services must comply with applicable laws, including the Computer Fraud and Abuse Act (CFAA), and with any third-party terms governing the websites you analyze. You are prohibited from attempting to access or collect non-public data, or from accessing restricted areas of any system or website without proper authorization.

You agree to comply with all export and re-export control laws and regulations as may be applicable, including, without limitation, the Export Administration Regulations promulgated by the United States Department of Commerce, the International Traffic in Arms Regulations promulgated by the United States Department of State, and any of the regulations promulgated by the Office of Foreign Assets Control of the United States Department of the Treasury.

You may not, directly or indirectly:

sublicense, assign, resell, rent, or lease the Services;
reverse engineer, decompile, disassemble, decode, translate, or otherwise attempt to derive or gain access to the source code, algorithms, or non-public APIs of the Services;
use the Services or any related data to design, build, benchmark, or train a competing software product or service;
interfere with or disrupt the integrity, performance, or security of the Services;
exceed plan limits or use automated scripts, bots, or scrapers;
use the Services to scan or collect data from websites you are not authorized to access;
engage in unlawful, abusive, or fraudulent activity through the Services; or
remove or alter any proprietary notices on the Services.

7. Customer Content, Feedback & Website Scanning Consent

You retain ownership of all Customer Content and Website Scan Data. You grant us a worldwide, royalty-free, and irrevocable license to use, copy, process, aggregate, and anonymize that data to operate, secure, and improve the Services, and for legitimate business purposes such as benchmarking, analytics, and marketing. By using the Services, you consent to our scanning of designated websites and the collection, processing, and storage of Website Scan Data on AWS, as described in our Privacy Policy.

Customer represents and warrants (i) that it fully complies with applicable law governing the privacy and security of personally identifiable information, including but not limited to, the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”), the Personal Information Protection Law of China (“PIPL”), the General Law for the Protection of Personal Data 13709/2018 in Brazil (“LGPD”), the California Consumer Protection Act (Cal. Civ. Code 1798.199) (“CCPA”), and the California Privacy Rights Act of 2020 (“CPRA”) and; (ii) that, if it does provide any personal data to us, customer has obtained the personal data from the data subject(s) for a lawful purpose and in accordance with the relevant requirements of the applicable privacy law. You will also identify such personal data for us in writing and understand that such personal data may be stored and processed on servers based outside of the United States, unless required by the applicable privacy laws and agreed to in writing.

You grant us a perpetual, royalty-free, worldwide and irrevocable license to use and incorporate into the Services any Feedback or suggestions you provide, without obligation or compensation to you.

8. Intellectual Property

“Intellectual Property” means, collectively, all: (a) patents, patent disclosures, and inventions (whether patentable or not); (b) trademarks, service marks, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith; (c) copyrights and copyrightable works (including computer programs), mask works, and rights in data and databases; (d) trade secrets, know-how, and other proprietary information; and (e) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.

All rights, title, and interest in and to the Intellectual Property, including without limitation, the Services, software, algorithms, user interfaces, and reports (collectively, "Company IP") are owned by us or our licensors. Except for the limited rights expressly granted hereunder, no license or ownership to the Company IP is transferred.

You agree not to:

copy, modify, translate, or create derivative works based on the Services or the Company IP;
claim ownership of any part of the Services or Company IP; or
use any part of the Services or related outputs to develop, train, or assist a competing software, program, or service.

All rights not expressly granted to you hereunder are reserved and retained by us.

9. Third-Party Services

We may integrate with or reference third-party services (e.g., analytics, CRMs, or ad platforms) to provide the Services. Their terms govern your use of those services, and we are not responsible for them.

We will assist with connecting your systems with a covered software solution and integrating the software solution into your network. However, you are responsible for ensuring we are provided with the proper network credentials and access into the systems to perform any requested integrations. We rely on you for the appropriate access, and we disclaim any connectivity or integration issues you may experience by not providing the appropriate access level.

10. Export Control & Sanctions Compliance

You agree to comply with all applicable export control laws and economic sanctions regulations, including those administered by the U.S. Department of Commerce and the U.S. Department of the Treasury. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo, or listed on any U.S. government list of prohibited or restricted parties.

The Services may be accessed globally; however, we make no representation that the Services are appropriate or available for use outside the United States, and you are responsible for compliance with all local laws where you access the Services.

11. Termination & Suspension

We may suspend or terminate your account for violation of this Agreement, non-payment fees when due, suspected abuse of the Services, security or technical risks, compliance with a valid legal request, or otherwise as we may reasonably determine may be necessary or appropriate. During suspension, access to the Services may be limited or completely withheld, and applicable fees will continue to accrue unless otherwise stated.

Upon termination, your access ceases immediately, and you must return to us any Company IP. You will have thirty (30) days to request an export of your Customer Content and Website Scan Data before permanent deletion. If any Customer Content or Website Scan Data was obtained in violation of these terms, it will not be eligible for export. After this period, data may be deleted in accordance with our retention policy.

Upon termination, you will pay all amounts due and outstanding for the Services. Such obligation shall survive the termination of this Agreement.

12. Data Retention & Security

We maintain commercially reasonable technical and organizational measures to protect Customer Content and Website Scan Data from accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access. In the event of a confirmed security incident involving your data, we will notify you within a commercially reasonable timeframe after becoming aware of the incident and will provide details and mitigation steps. If you become aware of any security incident, including unauthorized disclosure or access to your system or the Services, you must inform us immediately upon discovery.

We retain data only as long as necessary to provide the Services or as required by law. Upon termination or deletion requests, your data will be removed from active systems within a reasonable period, and from backups on a standard rotation schedule consistent with our retention practices.

13. Disclaimer of Warranties

We represent and warrant that we will use commercially reasonable efforts to provide the Services in a good and workmanship- like manner and that the Services will meet any applicable generally accepted industry standards. You must provide a written notice to us within ten (10) days after the delivery of the Services (“Warranty Period”) describing any breach of the foregoing warranty in sufficient detail to allow us to correct and redeliver those Services. We shall, as our sole obligation and your exclusive remedy for any breach of the foregoing warranty, use commercially reasonable efforts to correct any non-compliance reported to us by you in writing during the Warranty Period. EXCEPT FOR THE REPRESENTATION AND WARRANTY IN THE FIRST SENTENCE IN THIS SECTION 13, THE SERVICES ARE PROVIDED ENTIRELY "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ALL WARRANTIES WHICH ARISE FROM THE COURSE OF DEALING, USAGE OR TRADE PRACTICES. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO TECHNOLOGY IS FOOLPROOF OR IMMUNE FROM ATTACK. WE CANNOT MAKE, AND WE EXPRESSLY DISCLAIM, ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION, SECURELY, ERROR FREE, WITHOUT DEFECT, FREE OF HARMFUL CODE, THIRD PARTY DISRUPTION OR THAT WE WILL BE ABLE TO CORRECT ALL DEFECTS. IN ADDITION, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE INTERNET IS NOT A SECURE MEDIUM, MAY BE INHERENTLY UNRELIABLE, AND SUBJECT TO INTERRUPTION OR DISRUPTION AND MAY BE SUBJECT TO INADVERTENT OR DELIBERATE BREACHES OF SECURITY, FOR WHICH WE SHALL NOT BE HELD LIABLE.

No statement or writing of any representatives of us will create any representation warranty whatsoever not set forth in this Agreement.

You represent and warrant that you will not use, nor will you allow any third parties to use, the Services for high-risk activities, such as the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of the Services could lead to death, personal injury, or environmental damage.

Each Party represents and warrants to the other Party that: (a) it has full power and authority to enter into this Agreement; (b) it is in compliance and will continue to comply during the terms of this Agreement, with all laws and regulations applicable to such Party; and (c) it has the requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement.

14. Indemnification

You You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Services; (b) any unlawful or unauthorized website scans or data access; (c) your Customer Content; (d) your infringement of any intellectual property rights; (e) your negligent, reckless, or willful acts or omissions; and (f) any breach of your covenants herein or your representations or warranties set forth herein.

The Company will indemnify and defend you against any third-party claim against you alleging that your authorized use of the Services infringes that party’s intellectual property rights, provided that you promptly notify the Company of the claim and allow the Company to control the defense and settlement. The Company’s obligations do not apply to claims arising from the Customer Content, combinations with other products, unauthorized modifications, or use of the Services outside the scope of or otherwise not in compliance with this Agreement. The Company’s liability under this section will not exceed the limitation set forth in the Section titled “Limitation of Liability”.

If one or more of the Services are determined to, or are believed by us to, infringe the rights of a third party, we may, at our sole discretion, elect to: (I) modify or replace the Services in whole or part, to seek to make the Services and/or deliverables non-infringing, while providing materially equivalent features and functionality; (b) obtain the right for you to continue to use the Services materially as contemplated by this Agreement; or (c) if none of the foregoing is, in our discretion, commercially practicable, terminate this Agreement in its entirety or with respect to the affected part or feature of the Services or deliverable, effective immediately upon written notice to you, in which event you shall cease all use of such Services and deliverables immediately upon receipt of such notice, and we shall promptly refund to you the fees paid by you for such Services for any period after the date of such termination.

You shall defend, indemnify and hold us harmless from and against all claims and any losses arising from or relating to: (a) our use or reliance upon any Customer Content or any other plans, specifications, content and materials (including, without limitation, any software, hardware, data and networks) provided by or on your behalf in connection with the Services; (b) your violation of any law, rule or regulation applicable to you; or (c) any dispute or other proceeding (including, without limitation, response to any third-party subpoena, but excluding any dispute between us) in which we become involved (even if only as a non-party or third-party participant) as a result of the Services or the use thereof, including reimbursement of our time and expenses (including reasonable external and internal legal costs) incurred to respond to any request or participate in any proceedings.

THIS INDEMNIFICATION SECTION STATES OUR ENTIRE LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY CLAIMS HEREUNDER, INCLUDING WITHOUT LIMITATION, ACTUAL OR ALLEGED INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

15. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU, YOUR REPRESENTATIVES OR ANY THIRD PARTY FOR CLAIMS, LIABILITIES OR LOSSES RESULTING FROM, ARISING FROM, OR RELATING TO: (A) YOU OR YOUR REPRESENTATIVES’ VIOLATION OF THIS AGREEMENT, DELAY OR FAILURE TO PERFORM ANY OBLIGATIONS HEREUNDER, ACTIONS OR DIRECTIONS WHICH AFFECT OUR ABILITY TO PROVIDE THE SERVICES, (B), ANY SUSPENSION, DOWNTIME, SERVICE LIMITATIONS, REMEDIATION, OR DEFECTS; (C) ANY LOSS OF PRODUCTION, USE, DATA, BUSINESS, REVENUE, SAVINGS, GOODWILL, SOFTWARE, HARDWARE, OR PROFIT; (D) ANY GOOD FAITH ACTION OF US IN PERFORMING THIS AGREEMENT (FOR EXAMPLE, TAKING STEPS TO PROTECT YOUR NETWORK IN THE PERFORMANCE OF THE SERVICES); (E) OUR AND OUR REPRESENTATIVES’ COMPLIANCE WITH ANY DIRECTION OR INSTRUCTION OF YOURS OR YOUR REPRESENTATIVES, OR (f) ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ENHANCED DAMAGES, WHETHER ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORIES WHATSOEVER, AND REGARDLESS OF HAVING BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH DAMAGES WERE FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

16. Arbitration, Governing Law & Dispute Resolution

Governing Law: This Agreement is governed by and construed under the laws of the State of Delaware, excluding its conflict-of-law rules. For any injunctive relief permitted outside arbitration, the exclusive venue shall be the state and federal courts located in the State of Minnesota.

If a dispute arises out of or relates to this Agreement, the Parties agree to engage management in direct discussions in good faith to attempt to resolve the dispute. If such resolution cannot be reached within a reasonable time, the Parties agree to engage in arbitration.

Mandatory Arbitration: Except as otherwise provided below, any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration shall be conducted in English by a single arbitrator in Delaware, unless otherwise mutually agreed. The arbitrator’s decision will be final and binding. Without limiting the foregoing, the Parties agree that no arbitrator has the authority to award relief in excess of what this Agreement provides.

Exceptions: Either party may bring an action in a small claims court for qualifying disputes, or seek injunctive relief in the Delaware courts to protect its intellectual property or confidential information.

Class Action Waiver: You and the Company agree that any arbitration or proceeding shall be limited to the dispute between the Company and you individually. To the fullest extent permitted by law, no arbitration shall be joined with any other person or entity.

Nothing in this Section shall prohibit either party from seeking injunctive relief from any authority authorized by law to grant it. This Section does not prohibit us from enforcing any claim for payment in any court or other forum.

THE PARTIES WAIVE ANY RIGHT TO JURY TRIAL ARISING OUT OF THIS AGREEMENT.

17. Modifications to the Agreement

We may update these Terms from time to time at our sole discretion. Material updates will be communicated by reasonable means, which may include posting an updated version on our website or notifying you by email. Continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms.

If you do not agree to a material change, you may terminate your account at any time, and your subscription will not be renewed at the end of your current billing cycle. Your access to the Services will be terminated immediately upon your notice to us that you do not agree to the terms of this Agreement.

18. General Provisions

Assignment: You may not assign this Agreement without our prior written consent.
Force Majeure: Excepting your obligation to make payments to us, neither Party shall be liable for or be in breach of this Agreement for failure or delay in performance to the extent caused by circumstances beyond the Party’s reasonable control, including, but not limited to, acts of God, flood, fire, earthquake, war, terrorism, strikes or other labor or industrial disturbances, war, epidemic, pandemic, cyberattacks that could not have been reasonably prevented, internet or other system or network outages that could not have been reasonably prevented, governmental action, or interruption of, delay in, or inability to obtain on reasonable terms and prices adequate power, telecommunications, transportation, raw materials, supplies, goods, equipment, Internet or other services (“Force Majeure Event(s)”). At its option, you may terminate the Agreement where the Services are delayed more than sixty (60) days by a Force Majeure Event(s); provided, however, that you are not excused from paying us for all amounts owed for Services rendered prior to the termination of the Product Agreement.
Severability: If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
Notices: Notices to you may be sent by email; notices to us should be sent to info@truefunnel.com.
Publicity Rights: Unless otherwise agreed in writing, we may identify your organization by name and logo as a customer of the Services in marketing materials and on our website. You may withdraw this consent at any time by notifying us in writing.
Order of Precedence: If an Order Form or Master Services Agreement (MSA) of ours is executed, the terms of that document will control in the event of conflict with this Agreement for that specific conflicting term or terms only.
Entire Agreement: This Agreement, together with any referenced documents (including the Privacy Policy and any applicable Order Form or Subscription Plan terms), constitutes the entire agreement between you and the Company regarding your use of the Services and supersedes all prior or contemporaneous agreements.
Insurance: Each Party will obtain and maintain in effect during the term of this Agreement a policy or policies of comprehensive general liability, workers’ compensation, professional liability, cyber liability insurance, and other types of insurance and amounts of coverage each deems necessary to protect their individual interests from such claims, liabilities, or damages which may arise out of the performance of their respective obligations under this Agreement. For the avoidance of doubt, each Party is solely responsible for insuring its personal property wherever located, and, except as set forth in this Agreement or any Product Agreement, each Party acknowledges that neither of them will insure the property of the other while it is in transit or in the possession of the opposite Party.
Independent Contractors: The relationship between the Parties is that of independent contractors. Nothing in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the Parties. Unless expressly provided herein, neither Party shall have the authority to act on behalf of or to bind the other.
Survival: The following sections survive termination: 6 (License Grant & Acceptable Use), 7 (Customer Content & Feedback), 8 (Intellectual Property), 10 (Export Control), 12 (Data Retention and Security), 13–16, payment obligations, and any provisions that by their nature should survive termination.

21. Entire Agreement & Execution

This Agreement, together with any referenced documents (including the [Privacy Policy] and any applicable Order Form or Subscription Plan terms), constitutes the entire agreement between you and the Company regarding your use of the Services. No oral or written statements not contained herein shall modify or supplement this Agreement unless expressly agreed in writing by both parties.

If any provision of this Agreement is found unenforceable, the remaining provisions will continue in full force and effect. Failure by either party to enforce any right or provision will not constitute a waiver of that right.

Thank you for using our Services.

Contact Information
TrueFunnel
720 W Saint Germain St, Suite 250, St. Cloud, MN 56301
info@truefunnel.com
(866) 549-4191

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