Terms of Service

1. Eligibility and Acceptance

You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to both you and that organization.

2. The Service

KeepFunnel lets you and your organization track customers, contacts, and deals through a sales pipeline, assign follow-up tasks, and record notes and interactions. We may add, change, or remove features at any time, and we may set limits on usage to keep the Service reliable and secure.

3. Accounts and Security

• You must provide accurate and complete information when creating an account and keep it up to date.
• You are responsible for safeguarding your credentials and for all activity that occurs under your account.
• Notify us promptly at mangelsona@datathink.dev if you suspect unauthorized use of your account.
• You may sign in with a password or with a third-party account such as Google, and you may verify your email address where offered.

4. Organizations, Roles, and Members

The Service is organized into organizations, which may have owners and members. Owners can invite and remove members, assign roles, and manage the organization’s customers, contacts, deals, and tasks.

If you are an owner, you are responsible for your organization’s use of the Service, including managing member access and the accuracy and lawfulness of the data your organization enters. If you are a member, your access is determined by your organization’s owners.

5. Your Content and Data

You retain ownership of the content and data you submit to the Service, including customer, contact, and deal records, notes, and tasks (“Your Content”). You grant us a limited, non-exclusive license to host, process, and display Your Content solely to provide and improve the Service.

You are responsible for the accuracy and legality of Your Content. When you enter personal information about other people, such as customers or contacts, you represent that you have the right to provide that information and to allow us to process it as described in our Privacy Policy.

6. Acceptable Use

You agree not to:

• Use the Service in violation of any applicable law or regulation.
• Access or use another user’s account or data without authorization.
• Upload malicious code or attempt to disrupt, overload, or impair the Service.
• Probe, scan, or test the vulnerability of the Service, or circumvent its security or access controls.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where permitted by law.
• Scrape, harvest, or collect data from the Service by automated means without our permission.
• Resell or commercially exploit the Service except as expressly permitted.

7. Third-Party Services

The Service relies on third-party providers, such as hosting, email delivery, and authentication, and lets you sign in using third-party accounts such as Google. Your use of those services may be subject to their own terms and privacy policies, and we are not responsible for third-party services.

8. Fees

The Service may be offered free of charge or under a paid plan described at sign-up or in a separate agreement. If fees apply to your use, you agree to pay them as described, and we may change our fees on reasonable notice. Unless required by law, fees are non-refundable.

9. Intellectual Property

The Service, including its software, design, and the KeepFunnel and DataThink names and logos, is owned by DataThink and protected by intellectual property laws. Except for the rights expressly granted to you in these Terms, we reserve all rights in the Service. You may not use our trademarks without our prior written permission.

10. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if necessary to protect the Service or other users.

Upon termination, your right to use the Service ends. Sections of these Terms that by their nature should survive termination, including ownership, disclaimers, limitation of liability, and indemnification, will continue to apply. Our handling of your data after termination is described in our Privacy Policy.

11. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

12. Limitation of Liability

To the maximum extent permitted by law, DataThink and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Service.

To the maximum extent permitted by law, our total liability for any claim arising out of or relating to the Service will not exceed the greater of the amount you paid us for the Service in the twelve months before the claim or one hundred US dollars (US$100).

13. Indemnification

You agree to indemnify and hold harmless DataThink and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, Your Content, or your violation of these Terms or applicable law.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Idaho, United States, without regard to its conflict of law rules. You agree that any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts located in Idaho, and you consent to personal jurisdiction there.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide additional notice where required. Your continued use of the Service after an update means you accept the revised Terms.

16. General

• These Terms, together with the Privacy Policy, are the entire agreement between you and DataThink regarding the Service.
• If any provision is found unenforceable, the remaining provisions will remain in effect.
• Our failure to enforce any right or provision is not a waiver of it.
• You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

17. Contact Us

If you have questions about these Terms, contact us at:

mangelsona@datathink.dev
DataThink LLC