FunnelAnalytics – Terms and Conditions

Last updated: Nov 26, 2025

These Terms and Conditions ("Terms") govern your access to and use of the FunnelAnalytics website (https://funnelanalytics.co) and the FunnelAnalytics web analytics platform and related services (collectively, the "Service"), owned and operated by Firebrain, LLC ("FunnelAnalytics," "we," "us," or "our"), a Delaware limited liability company.

By accessing or using the Service, creating an account, or clicking "I Accept" or similar, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Service.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts. By using the Service, you represent and warrant that you meet these requirements.

2. Account Registration

To use most features you must create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

3. License to Use the Service

Subject to these Terms and payment of all applicable fees, FunnelAnalytics grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes or for analyzing your own (or your clients') ecommerce websites.

4. Installation of Tracking Code

Use of the Service requires you to install JavaScript tracking code (the "Script") on websites you own or are expressly authorized to track. You represent and warrant that you have all necessary rights and permissions to place the Script on each website and to collect and process the data collected through it.

5. Data Collection and Privacy

• The Service collects personal data and browsing behavior of your website visitors as described in our Privacy Policy.
• You are solely responsible for (i) providing appropriate notice to your website visitors, (ii) obtaining any required consent (including under GDPR, CCPA, ePrivacy Directive, or other applicable privacy laws), and (iii) complying with all data protection and privacy laws in connection with the data collected via the Service.
• You agree to maintain a prominent, compliant privacy policy on every website where the Script is installed that discloses the use of FunnelAnalytics and third-party tracking.

6. Prohibited Uses

You may not:

• Use the Service to collect protected health information (PHI), payment card data, or other highly sensitive data prohibited by law;
• Use the Service on websites that primarily target children under 13 (U.S.) or under 16 (EU);
• Reverse engineer, decompile, or attempt to extract the source code of the Service;
• Resell, white-label, or otherwise commercialize the Service without our prior written consent;
• Use the Service in any manner that violates applicable law or third-party rights.

7. Payment and Billing

• Paid plans are billed in advance on a recurring basis.
• All fees are non-refundable except as expressly stated in a separate refund policy or required by law.
• You authorize us to charge your chosen payment method for all fees and applicable taxes.

8. Intellectual Property

The Service, including all software, dashboards, reports, and documentation, is owned by Firebrain, LLC and its licensors and is protected by copyright, trademark, and other laws. You are granted no rights except the limited license in Section 3.

9. Data Ownership and License

• You own the data you upload or that is collected from websites you are authorized to track ("Customer Data").
• You grant FunnelAnalytics a worldwide, royalty-free, irrevocable license to use, store, process, and display Customer Data as necessary to provide and improve the Service and as described in our Privacy Policy.

10. Termination

We may suspend or terminate your access at any time, with or without cause or notice, including if we believe you violate these Terms or applicable law. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive (including payment obligations, ownership, warranty disclaimers, indemnity, and limitation of liability) will survive.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIREBRAIN, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL), EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless Firebrain, LLC and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or third-party rights (including privacy claims from your website visitors).

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising out of these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the new Terms on the website and updating the "Last updated" date. Your continued use after such changes constitutes acceptance of the new Terms.

16. Contact Information

Firebrain, LLC
Email: hello@funnelanalytics.co