MacroFunnel™️ Terms of Use
These Terms of Use were most recently updated on September 15, 2024
PLEASE READ THIS DOCUMENT CAREFULLY.
This document outlines the terms of use for the MacroHype LLC “MacroHype”, “Company”, “we”, “us”, “our”) software platform, which includes the MacroFunnel Design Suite, automation tools, data tracking features, community access, and related services (collectively, “MacroFunnel™️”). It governs our Founding Member Unlimited Plan members (“Founding Members”), Account Holders’ team members (“Team Member”), Paused Plan members (“Paused Plan Members”), members on any other plan, and all other users of MacroFunnel™️ (collectively referred to as the “Users”). When referring to “You” or “Users,” we will specify if addressing a particular type of member.
As this document outlines our agreement regarding your use of MacroFunnel™️, we encourage you to take the time to thoroughly review it before accepting the terms.
If you do not agree with these Terms or do not wish to be bound by them, you must refrain from using or accessing MacroFunnel™️ in any way.
Our Terms of Use (“Terms” or “Agreement”) also incorporate our Privacy Policy, and any other documents referenced within those agreements. Together, they govern all access to and use of MacroFunnel™️.
MacroFunnel™️ is accessible at https://macrofunnel.macrohype.com/ and includes, without limitation, all subdomains and any other media or locations related to MacroFunnel™️. In this Agreement, all locations where the MacroFunnel™️ software platform is available will be collectively referred to as the “Platform.”
- Introduction
Thank you for choosing MacroFunnel™️! We offer an all-in-one marketing software designed to help grow your business, along with design templates, data tracking tools, copy templates, and strategic and tactical funnel training (“Content”). By using any of our tools and services, including associated features, functionalities, websites, applications, online communities or social media groups, customer support, and user interfaces, as well as all Content and software applications related to our Platform (“Services”), you are entering into a binding agreement with MacroHype.
By using MacroFunnel™️ in any capacity, you explicitly agree to and consent to be governed by these Terms.
Age of Access
You must be at least 18 years old to use MacroFunnel™️. We have a special responsibility to protect personally identifiable information from children aged 13 and under.
If you are under 18, we ask that you refrain from using MacroFunnel™️ or providing any personally identifiable information to the site or to MacroHype.
By using MacroFunnel™️, you confirm that you are 18 years old or older, representing and warranting that you meet this age requirement. If you are under 18, you are not permitted to use MacroFunnel™️ or register for an account in any way.
Account Registration
a. Account Holders
The owner of any account (“Account Holder”) must complete the registration process by providing current, complete, and accurate information as prompted by the applicable registration form. You must enter an email address that is exclusively yours and create a password. You agree to keep your username and password confidential and to register only once using a single email address.
You agree that you will not: (i) register on behalf of another individual or company; (ii) register using someone else’s name, a fictional name, or an alias; (iii) select credentials that imply or suggest you are impersonating another person (real or fictitious) or entity, or falsely represent yourself as affiliated with an entity, or that are offensive; or (iv) select credentials with the intent to deceive or mislead the Company about your true identity.
b. Team Members
Account registration is exclusively available to Account Holders. However, Account Holders may add Team Members to their accounts and provide them with individual login credentials. Team Members will only have access to the Services and Content that the Account Holders grant them.
Account Holders acknowledge that they are fully responsible for maintaining the confidentiality of their username, password, and account. Additionally, Account Holders are entirely responsible for all activities that occur under their accounts, including any actions taken by Team Members associated with their accounts.
c. Security
If we have reasonable grounds to suspect that an Account Holder or Team Member has provided false information, shared their username, password, or account with others, or distributed non-public Content, we reserve the right to suspend or terminate the account and refuse any current or future Services to the Account Holder, in whole or in part, without refund. Any personally identifiable information submitted during registration is subject to the terms outlined in MacroFunnel™️’s Privacy Policy.
You should notify us immediately if you become aware of or suspect any unauthorized use of your email and password or any other security breach. We will not be liable for any loss you may incur as a result of someone else using your email, password, or account, whether or not you were aware of it. You may be held responsible for any losses incurred by us or another party due to someone else using your email, password, or account. Additionally, you may not use anyone else’s account at any time without the account holder’s permission.
We may notify you of important information regarding MacroFunnel™️ in any of the following ways: (a) by sending an email to the contact information you provided during your account registration, (b) by posting a notice in the dashboard areas of the Platform, and (c) by placing the notice in another appropriate area on the Platform. It is your responsibility to periodically check the Platform for such notices.
Pricing Plans & Trials
A. Annual and Monthly Plan Fees; Price Adjustments
You can find a description of our annual and monthly payment plan options (“Plans”) on our website You’ll find detailed descriptions of the Plans available to you upon registering for an account, including information about when payment for your selected Plan will be due. We may also offer Plans that allow you to start using MacroFunnel™️ for free, meaning that no payment will be required before you access our Services during your trial period, which is explained in further detail in Paragraph B of this section.
We may also provide special promotional plans or discounts for MacroFunnel™️. We reserve the right to modify, terminate, or amend our offered Plans and any promotional or discounted offerings at any time in accordance with these Terms.
We may adjust the prices for the Plans, including recurring membership fees, from time to time and will notify you of any price changes in advance. Changes in Plan prices will take effect at the beginning of the next billing period following the date of the price change.
If you have purchased or received a code, gift card, pre-paid offer, or any other offer provided or sold by or on behalf of MacroHype for access to a Plan (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to MacroFunnel™️, and you agree to comply with those terms and conditions.
B. Trial Period
Occasionally, we may offer Account Holders a trial. These Trials may be provided free of charge upon registration or may involve a fee (in either case, referred to as a “Trial”). All information regarding the Trial offer, including the duration of the trial period and any associated costs, will be provided at the time the Trial is offered.
For all Trials, you are required to provide your payment details before the Trial begins. You understand that we may, at our sole discretion, determine your eligibility for a Trial, and we reserve the right to withdraw or modify a Trial at any time without prior notice and without liability, to the extent permitted by applicable law.
By providing your payment details, you agree that we may automatically charge you for the Trial, if applicable, or for the selected Plan on the first day following the conclusion of the Trial, on a recurring monthly or annual basis (depending on the Plan you initially selected). If you do not wish to be charged for the Plan after the Trial ends, you must cancel the applicable Plan before the Trial concludes. More information regarding the cancellation of your Plan can be found in the “Cancellations” section below.
You understand and acknowledge that any free trial will expire after the specified number of days or on the date indicated during your account registration. Following the expiration of this free trial, your membership will continue, and you will be automatically charged the monthly or annual fee you agreed to. This payment amount will renew automatically each month or year until you choose to cancel.
C. Paused Plans
We may provide the option for you to “pause” your membership while retaining your Account Holder Content on the Platform, as long as your account is in good standing. You understand that if you choose to participate in any Paused Plan, you will not be able to log into your account or access your Account Holder Content on the Platform.
Additionally, we may require you to disconnect your payment processor and domain to prevent any third party from accessing or viewing your Account Holder Content on the Platform while you are enrolled in any Paused Plan.
5. User Payments, Cancellations, and Refund
a. Payments
At the time of registering for an account with us, Account Holders agree to the fees and payment schedule outlined on our website. You will be required to provide certain personal information necessary for your purchase of a Plan, including, but not limited to, your name, credit card number, billing address, expiration date, and card security code.
Account Holders understand and acknowledge that their monthly or annual subscription will automatically renew each month or year at the price agreed upon during account registration and will continue until cancelled.
You represent and warrant that you have the legal right to use any credit or debit card(s) you provide to us for purchasing and accessing MacroFunnel™️. You grant us permission to automatically charge your credit or debit card for all fees and charges due, without requiring any additional authorization. You can access your payment history through your account dashboard. Additionally, you agree that we are authorized to share any payment information and instructions necessary to complete the payment transactions with our third-party payment service providers (e.g., credit card processing, merchant settlement, and related services). You acknowledge that this information will be handled in accordance with our Privacy Policy.
If payment is not received by the due date, the Company reserves the right to immediately deny or terminate your access to MacroFunnel™️, as well as delete your account and all associated Member Content, as outlined below.
b. Cancellations
Account Holders have the right to cancel their Plan at any time. If you choose to cancel, the cancellation will take effect at the end of the current billing cycle. Upon cancellation, all licenses granted to you for using MacroFunnel™️ under this Agreement will immediately terminate.
If you wish to cancel, please ensure you download your contact data from our Platform before proceeding with the cancellation of your Plan.
Please refer to the following important terms regarding the removal or migration of your original content that you upload to our Platform (“Account Holder Content”).
c. Refunds
Your satisfaction with MacroFunnel™️ is important to us. However, due to the significant time, effort, preparation, and care invested in creating and providing our services, we have a strict no-refund policy. Unless required by law, we do not offer refunds for any portion of your payment, and no payments will be pro-rated. By using or purchasing MacroFunnel™️, you acknowledge and agree that all sales are final.
Given our clear refund policy outlined in these Terms, we do not tolerate any chargeback threats or actual chargebacks from your credit card company or payment processor. If a chargeback is initiated or a threat is made, we reserve the right to report the incident to credit reporting agencies or any relevant entity for inclusion in chargeback databases. This could negatively affect your credit score. The reported information may include your name, email address, order date, order amount, and billing address. Individuals wishing to be removed from the database must pay the amount associated with the chargeback.
Ownership and License
A. Our Ownership of Our Content
MacroFunnel™️, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, intellectual property, and any other copyrightable materials or content, along with their selection and arrangement, remains the sole property of MacroHype unless otherwise stated. It is protected by copyright, trademark, and other intellectual property laws.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE IN ANY MANNER THE MATERIAL WITHIN MACROFUNNEL™️, INCLUDING TEXT, GRAPHICS, CODE, AND/OR SOFTWARE.
B. Our Limited License to You
If you view, download, or access MacroFunnel™️, you will be considered our licensee, and you are granted a limited, revocable, non-sublicensable, non-exclusive, non-transferable license to access MacroFunnel™️.
You agree not to use, distribute, sell, copy, or disclose MacroFunnel™️, or any part of it, to friends, family, or any third party, nor for commercial purposes or in any way that would earn you or any third party money, except as explicitly allowed.
This license is solely for your use and cannot be assigned or sublicensed to anyone else without our written consent. Except as permitted by us in writing, you will not attempt to reproduce the platform, content, or services (including, but not limited to, engaging in activities that reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the platform). Additionally, you agree not to engage in any activities that would interfere with, damage, or harm MacroFunnel™️.
You may print and download portions of material from various areas of the platform, content, or services for your personal, non-commercial use, as long as you do not alter or remove any copyright or proprietary notices from the materials, and you do not share any materials that you have purchased with anyone who has not also acquired a license for that material.
All rights not expressly granted in these terms or in any written license are reserved by us.
C. Founding Member Unlimited Plans
Founding Members receive full, unlimited access to the MacroFunnel™️ Platform, Content, and Services for the duration of MacroFunnel™️, regardless of any future changes to pricing plans or tiered structures, as long as your account remains active and all payments are made on time.
This means you will retain access to MacroFunnel™️ provided your account is in good standing, for as long as MacroHype continues to host and provide the Platform, Content, or Services you have purchased.
Please be aware that MacroHype reserves the right, at its sole discretion, to temporarily suspend or terminate your lifetime access to MacroFunnel™️ at any time without prior notice or a refund if it determines that you have violated these Terms in any manner.
D. Account Holder Content Ownership and Terms
Content that you upload to the MacroFunnel™️ Platform is and remains your content (“Account Holder Content”).
You retain all ownership rights to your Account Holder Content. MacroHype does not claim any intellectual property rights over the materials you upload to the Platform by virtue of your use of MacroFunnel™️. By uploading your Account Holder Content to the Platform, or requesting our services to do so, you agree that:
- We may review your Account Holder Content for any reason, including to ensure compliance with our Code of Conduct and prohibited content guidelines, but we are not obligated to review anything you upload.
- Uploading your Account Holder Content to the Platform is at your own discretion, and we do not certify, approve, or provide permission for your content before you upload it.
By uploading your Account Holder Content to our Platform, you grant us, our affiliates, or vendors the right to store your content.
You agree that the content you upload will not contain third-party copyrighted material or any material subject to third-party proprietary rights unless you have permission from the owner or are legally entitled to post it and grant the necessary license rights.
You affirm and warrant that you own or have the appropriate licenses, rights, consents, and permissions to publish any Account Holder Content you submit.
You acknowledge that by uploading your Account Holder Content, you authorize us to access your account and content if needed to resolve any issues you encounter.
In the event that we access your account, you agree that we are not liable for any damage, loss, or destruction of your content unless it results from our willful misconduct or, where applicable, gross negligence as required by law
You grant MacroHype a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to access, use, reproduce, distribute, prepare derivative works of, and perform (e.g., display or transmit) your Account Holder Content in furtherance of our Services, including promoting and redistributing part or all of your content in any media formats and through any media channels, including for advertising or other commercial purposes.
- Upon termination or cancellation of your account, to revoke MacroHypes’s license to your Account Holder Content (including access to your social media platform information provided upon integration), you must adjust the permissions on any social media platform. You acknowledge that this responsibility is solely yours, and MacroHype is under no obligation to notify you regarding the revocation of permissions to access your social media account information.
- You understand that we may retain, but not display, distribute, or perform, server copies of your Account Holder Content that has been removed or deleted.
- We are not responsible for Account Holder Content nor do we endorse any opinion contained in any Account Holder Content. We reserve the right to disable access to MacroFunnel™️ or remove you and any of your Account Holder Content from our Platform if you violate any of these Terms.
E. Limitations on Use and Removal of Account Holder Content from MacroFunnel®
You are permitted to use the Content, Platform, and Services only within the MacroFunnel™️ ecosystem, which are exclusively available for current MacroFunnel™️ Account Holders.
This means that all components within MacroFunnel™️ are non-transferable to any other HighLevel ecosystem or external software, ecosystem, funnel builder, or domain. You acknowledge and agree that you cannot export your Account Holder Content to another HighLevel ecosystem or any other external software, and MacroHype is under no obligation to assist you in this process.
You are strictly prohibited from using any Content (including, but not limited to, MacroFunnel™️ training materials) outside of MacroFunnel™️ or sharing any Content in any manner without our consent.
Additionally, MacroFunnel™️ Support calls are exclusively for current Account Holders and may be limited to specific tiers or types of members.
If you choose to cancel your MacroFunnel™️ membership, or if we terminate your membership, you will lose access to all data within the Content, Platform, and Services, including, but not limited to, MacroFunnel™️ designs, training materials, and Support Calls. You will also be removed from any MacroFunnel™️ Support Group.
Furthermore, upon cancellation, we cannot guarantee the availability of your Account Holder Content, and we have no obligation to retain it. Consequently, MacroFunnel™️ shall not be liable for any loss of Account Holder Content following the cancellation or termination of a Plan, nor shall we be liable to the Account Holder for their inability to access Account Holder Content resulting from any cancellation, including any claims of interference or breach of contract.
F. Account Holder and Team Member License to Company; Use in Testimonials and Marketing
From time to time, we offer Account Holders and Team Members the chance to provide feedback, testimonials, and suggestions for improvements related to MacroFunnel™️. By posting or submitting any materials such as text, photos, designs, graphics, images, videos, or other contributions, you affirm that you are the owner of all such materials and that you are at least 18 years old. You acknowledge and agree that any feedback, testimonials, or suggestions for improvement that you provide are not confidential, and you grant us permission to use them without restriction and without any payment to you.
Additionally, you grant us, and anyone authorized by us, the right to use your likeness and identify you as the author or individual depicted in any text, photos, designs, graphics, images, videos, or other contributions created by you or us, including your name, email address, or screen name, for any purpose, including commercial purposes and advertising. You understand that while we have the right to use your contributions, we are not obligated to do so and may choose to discontinue the use of any such contributions for MacroFunnel™️ at any time and for any reason.
Code of Conduct
No Illegal Activity: You may not use MacroFunnel™️ for any illegal activities. Engaging in any conduct that violates applicable federal, state, local, or international laws or regulations—including telecommunications regulations and data export laws—is strictly prohibited. You must not upload Account Holder Content that is offensive, abusive, defamatory, pornographic, threatening, or obscene.
No Modification or Reverse Engineering: You are not allowed to reverse-engineer, decompile, disassemble, modify, or create derivative works of MacroFunnel™️, except as permitted by applicable law.
Single Business Use: Each account is intended for one business only. Agencies should create separate accounts for each client under their affiliate link and then request access for their clients.
No Intellectual Property Alteration: You must not remove or alter any copyright, trademark, or intellectual property notices from Account Holder Content or MacroFunnel™️.
No Fraud: Fraudulent activities of any kind are not tolerated. You may not use MacroFunnel™️ in ways not expressly permitted in this agreement or applicable law, nor infringe upon the intellectual property rights of MacroFunnel™️.
No Harmful Code: You may not transmit or distribute viruses, malware, or any harmful code through MacroFunnel™️. Attempting to breach the security of another account or network is strictly prohibited.
No Spamming: Engaging in spam, junk email, chain letters, or any unauthorized solicitation is not allowed. This includes lottery or gambling activities.
No Exploitation: Do not use any MacroFunnel™️ community features to collect personal information from other Account Holders.
Intellectual Property Compliance: You must not upload copyrighted, trademarked, or proprietary materials without permission from the owner. Content that infringes on the intellectual property rights of others is strictly prohibited.
Content Sharing Restrictions: You may not share MacroFunnel™️ Content with individuals who are not properly licensed to access it.
Respect for Others: Any behavior that victimizes, harasses, degrades, or intimidates individuals based on identity factors (such as religion, gender, sexual orientation, race, etc.) is not tolerated. Hate speech or abusive language is strictly prohibited.
No Inappropriate Content: You may not upload or share any content that is unlawful, threatening, abusive, harassing, defamatory, deceptive, invasive of privacy, or otherwise violates our rules and policies.
Intended Use Only: MacroFunnel™️ must only be used for its intended purposes.
If you violate this Code of Conduct, we reserve the right to remove you and your Account Holder Content from the Platform and cancel your membership. Determinations regarding violations will be made at our sole discretion.
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Data Policy; Legal Compliance; Release
You agree to comply with all relevant rules, regulations, orders, and laws in any applicable jurisdiction concerning your activities on or related to the platform. This includes telecommunications, privacy, and personal or consumer data laws. You represent and warrant that your activities do not violate any laws or governmental regulations and that you lawfully obtained any information used on the platform.
You are responsible for ensuring that you have all necessary consents and notices in place for the lawful transfer of individual personal data to the platform provider. You must lawfully collect individual personal data as required.
You assume all liability related to compliance with all applicable laws, including but not limited to Election laws, Privacy regulations, Consumer protection laws, Anti-spam regulations
You release and hold harmless the platform provider and its affiliates, owners, members, managers, directors, officers, employees, agents, vendors, and suppliers (“Releasees“) from any and all claims, causes of action, obligations, lawsuits, charges, complaints, damages, costs, or expenses, whether known or unknown, arising from Violations of any third-party rights, including copyright, property, or privacy rights, Unauthorized access, use, or disclosure of personal information, Failure to obtain necessary consents or provide required notices for the lawful transfer of personal data
This release does not apply to claims resulting from gross negligence or intentional acts by the Releasees.
By using the platform, you agree to comply with all relevant laws and regulations, assume full liability for your compliance, and release the platform provider from any related claims.
Our Rights in Operating MacroFunnel™️
We reserve the following rights regarding MacroFunnel™️:
We may modify, terminate, or restrict access to MacroFunnel™️ at any time, for any reason, and without prior notice.
We reserve the right to remove any user from MacroFunnel™️ at our sole discretion and at any time, for any reason. This right is not affected by any other part of this Agreement.
While we may monitor Account Holder Content on the Platform, we are not obligated to do so.
If an Account Holder encounters issues uploading content or requires customer support, they grant us permission to access their account to provide assistance.
In the event of account cancellation, we may retain a copy of your Account Holder Content. You grant us a non-exclusive, perpetual, irrevocable license to maintain this archival copy for compliance with applicable laws and for internal business purposes, as required by law.
MacroHype reserves the absolute right, at its sole discretion, to modify, alter, suspend, or terminate any part of this Agreement at any time without notice. By continuing to access MacroFunnel™️ after such changes are posted, you agree to the updated terms.
Third Parties
The Platform, Content, or Services may include links to third-party advertisers, websites, or services (“Third-Party Content”). You acknowledge and agree that MacroHype is not responsible or liable for: (i) the availability or accuracy of such Third-Party Content, or (ii) the content, products, or resources found in or available from such Third-Party Content. Links to Third-Party Content do not imply any endorsement by MacroHype, and we are not responsible or liable for the behavior, features, or content of any Third-Party Content or any transactions you may engage in with such Third Parties. You assume all responsibility and risk associated with your use of any Third-Party Content.
MacroHype disclaims any responsibility or liability for your access to or use of any Third-Party Content.
DMCA
A. General Policy : Under the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we maintain the following policy:
If we have a good faith belief that any content (including content uploaded by your customers or users) on MacroFunnel™️ infringes on copyrights, we reserve the right to remove, block, or take down the content.
B. Reporting of Copyright Infringement Under the DMCA
1. Notice
If you believe that content on our platform infringes your intellectual property rights, you should send a notice to at MacroHype at the following address:
MacroHype, LLC
115 W 45th St #606
New York, NY 10036
United States
You may also send your notice via email at [email protected]
2. Contents of Notice
Your notice regarding any claimed infringements must include the following information:
1. A physical or electronic signature from the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work that you claim has been infringed.
3. Identification of the material/works/content that you believe is infringing, including a specific location (URL) and sufficient details to enable us to locate and review this material on the platform.
4. Your contact information, including your address, telephone number, and email address.
5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
6. A statement confirming that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
3. Counter Notification
If your content is removed due to a DMCA notice, and you believe it was wrongly removed, you may submit a Counter Notice. This must include:
1. A physical or electronic signature.
2. Identification of the material that was removed and the location where it appeared before removal.
3. A statement under penalty of perjury that you believe the material was removed due to mistake or misidentification.
4. Your name, address, and telephone number, along with a statement consenting to the jurisdiction of the appropriate court and your willingness to accept service of process from the person who provided notification.
Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing.
4. Repeat Infringements
Should we receive multiple DMCA complaints regarding any individuals or content, we reserve the right to remove that individual from the platform without further warning.
Trademark Violations
A. Trademark Infringement
The DMCA specifically addresses copyright infringement; for claims related to trademark infringement, we request that any notices include the following information:
1. Provide details about your trademark or service mark.
2. Include the registration number, if applicable.
3. Explain the grounds for your trademark claim.
4. Specify the jurisdiction in which you claim trademark rights.
5. Identify the class (category) of goods or services and provide a description for which you assert trademark rights.
Please note that a copy of any notices received may be sent to the party who posted the content you report as infringing.
Account Ownership Disputes
In the unlikely event of a dispute regarding the ownership of an account, we reserve the right to request additional information to help determine ownership and resolve the dispute. The information we may request includes, but is not limited to:
1. A copy of your government-issued photo ID.
2. Business documents such as your Charter, Certificate of Incorporation, LLC Agreement, business license, or any other documentation proving ownership of your entity.
3. Your billing information and details.
4. Certified copies of your tax returns or relevant tax documents.
5. Any other documentation we consider necessary to resolve the dispute.
We retain the authority to determine account ownership at our sole discretion and may transfer the account to the person or entity we identify as the rightful owner, unless prohibited by law.
Payment Processing
Payment processing services are currently provided through integrations with payment processors such as Stripe and PayPal, and are governed by their respective user agreements or terms of service. We may introduce additional payment processors in the future, which will also be subject to their user agreements or terms of service. By agreeing to this Agreement, you acknowledge and accept the terms set forth by any payment processing provider you integrate with your account.
As a condition for using payment processing services, you agree to provide accurate and complete information about yourself and your business. You also authorize us to share this information, along with transaction details, with the relevant payment processing provider.
You are responsible for ensuring compliance with all applicable legal and regulatory requirements in the country or countries where you conduct business.
Errors and Corrections
We do not guarantee that the Platform, Content, or Services will be free from errors or entirely reliable. Additionally, we cannot assure that any defects will be corrected or that access to offerings will always be available. Improvements and changes to the Platform and its features may occur at any time, and while we will make reasonable efforts to minimize disruptions during peak hours, some downtime may be unavoidable. Any errors in user-generated content are the sole responsibility of the user who owns that content.
We reserve the right to modify the Platform, Content, or Services at our discretion and without prior notice. We will not be liable for any unavailability of the Platform, in whole or in part, at any time or for any duration. Access to some or all of the Platform may be restricted for maintenance or other internal purposes from time to time.
Disclaimers; Limitation of Liability
You acknowledge and agree that we are not liable for any damages arising from your breach of this Agreement or for any losses or outcomes resulting from your use of the Platform, Content, or Services. Additionally, you understand and agree that our services are provided “As Is” and may not always be completely perfect or reliable. We do not guarantee that the services will be free from errors or defects. Any claims for damages against us will be limited to the fees you have paid in the 12 months preceding the claim.
You understand and agree that MacroFunnel™️ is provided “AS IS” and “AS AVAILABLE,” without any express or implied warranties or conditions of any kind. MacroHype and all owners of MacroFunnel™️ make no representations and disclaim any warranties or conditions of SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, or NON-INFRINGEMENT. Neither MacroHype nor any owner of content warrants that MacroFunnel™️ is free from malware or other harmful components.
Additionally, MacroHype makes no representations, nor does it warrant, endorse, guarantee, or assume responsibility for any THIRD-PARTY APPLICATIONS (or their content), ACCOUNT HOLDER CONTENT, DEVICES, or any other product or service advertised, promoted, or offered by a third party through MacroFunnel™️ or any linked website, banner, or other advertising. MacroHype is not responsible or liable for any transactions between an Account Holder and any third-party providers of the foregoing.
No advice or information, whether oral or written, obtained by you from MacroHype creates any warranty on behalf of the company. While using MacroFunnel™️, you may have access to EXPLICIT CONTENT FILTERING features, but these features may not filter all explicit content, and you should not rely on them to block all such content. This section applies to the fullest extent permitted by applicable law.
Limitations on Remedies
YOU ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR ANY CONCERNS OR DISSATISFACTION WITH OUR SERVICES IS LIMITED TO THE FEES PAID IN THE TWELVE MONTHS PRIOR TO ANY CLAIM. YOU UNDERSTAND THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY APPLICATIONS OR THEIR CONTENT ACCESSIBLE THROUGH OR RELATED TO OUR SERVICES. YOUR INTERACTIONS WITH THESE THIRD PARTIES MAY BE GOVERNED BY SEPARATE AGREEMENTS, AND YOUR EXCLUSIVE REMEDY FOR ANY ISSUES WITH THIRD-PARTY APPLICATIONS OR CONTENT IS ALSO LIMITED TO THE FEES PAID IN THE TWELVE MONTHS BEFORE ANY CLAIM.
UNDER NO CIRCUMSTANCES SHALL WE, OR OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (DIRECT OR INDIRECT) ARISING FROM YOUR USE OR INABILITY TO USE OUR SERVICES, DEVICES, THIRD-PARTY APPLICATIONS, OR CONTENT, REGARDLESS OF THE LEGAL THEORY INVOLVED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IF A REMEDY FAILS TO FULFILL ITS ESSENTIAL PURPOSE; OR (3) TOTAL LIABILITY FOR ALL CLAIMS RELATED TO OUR SERVICES, THIRD-PARTY APPLICATIONS, OR CONTENT EXCEEDING THE AMOUNTS PAID IN THE TWELVE MONTHS PRIOR TO THE CLAIM.
THIS AGREEMENT DOES NOT WAIVE OR LIMIT OUR LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, AS REQUIRED BY APPLICABLE LAW.
YOU AGREE THAT ANY CLAIM AGAINST US MUST BE INITIATED BY FILING AN INDIVIDUAL ACTION UNDER THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME FRAME.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Diversity, Equity, and Inclusion
MacroHype is committed to advancing social justice, including LGBTQ rights, women’s rights, and civil rights. We proudly serve individuals from a diverse array of races, ethnicities, national origins, sexual orientations, ages, religions, genders, educational backgrounds, abilities, and other identities.
At MacroHype, we have a zero-tolerance policy for discriminatory speech, hate speech, or actions against anyone based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or any other identity. This includes any form of physical, mental, or emotional abuse.
We reserve the right to terminate access to our services without a refund if you or any of your employees, representatives, agents, founders, members, owners, managers, directors, or officers engage in, promote, or communicate statements, language, or actions that support inequality, discrimination, hate speech, or disrespect toward any individuals within our team or those from underrepresented or marginalized groups.
If you have suggestions or concerns related to MacroHype’s diversity, equity, and inclusion efforts, please feel free to contact us at [email protected]
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Releasees from any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform, Content, and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including but not limited to any copyright, property, or privacy right; (iv) any claim that your Account Holder Content caused damage to a third party; or (v) any claim related to the transfer of third-party personal data to MacroHype or its vendors or suppliers, and any loss or damage (including but not limited to any and all third-party, governmental, or regulatory claims, actions, or proceedings, or fines) related to or arising from your unauthorized acquisition, access, use, or disclosure of, improper collection or retention of, failure to protect any non-public personally identifiable information or confidential corporate information, or failure to acquire the necessary consents or provide required notices to enable lawful transfer of third-party personal data to MacroHype or its vendors or suppliers. The Company may assume the exclusive defense and control of any matter for which you have agreed to indemnify the Company, and you agree to assist and cooperate with the Company in the defense or settlement of any such matters. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Platform, Content, or Services.
20. Governing Law and Jurisdiction;Disputes
This Agreement shall be governed by the laws of the applicable jurisdiction, without regard to its conflict of laws principles. Any action arising out of or related to this Agreement must be filed exclusively in the appropriate state or federal courts within that jurisdiction. You consent to and submit to the exclusive personal jurisdiction of these courts for the purpose of litigating any such action and waive any defense based on lack of personal jurisdiction or forum non conveniens.
Both parties agree to waive the right to a jury trial. Additionally, any dispute resolution proceedings will occur solely on an individual basis, and neither party will attempt to have any dispute heard as a class action, representative action, collective action, or in any capacity where either party acts or proposes to act as a representative.
No proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of both parties and all individuals involved.
In any dispute arising out of or related to this Agreement, whether resolved through negotiation, mediation, or litigation, the prevailing party shall be entitled to recover its attorneys’ fees and costs from the other party.
California Civil Code Section 1789.3
Users are entitled to the following specific consumer rights notice: The appropriate consumer services department may be contacted in writing or by telephone at the designated address or number provided by that department.
Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement.
Privacy
Your use of our services is subject to our Privacy Policy.
Force Majeure
The Company will not be held responsible for any delays or failures in performance caused by circumstances beyond its reasonable control. This includes, but is not limited to, unforeseen events such as natural disasters, war, terrorism, riots, embargoes, actions by government or regulatory authorities, fires, floods, accidents, strikes, pandemics, or shortages.
Entire Agreement
These Terms of Use include any notices found on the Platform, including those in the Privacy Policy, and represent the complete agreement regarding access to and use of all offerings within the Platform, including the Content and Services.
If any part of this Agreement is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, that part will be removed, leaving the remaining provisions intact and enforceable.
No waiver of any part of this Agreement will be effective unless it is in writing and signed by the involved parties. Additionally, any failure to enforce a right or remedy under this Agreement does not waive the right to enforce that or any other right or remedy in the future.
Changes to the Terms of Use
The Company reserves the right to review and modify this Agreement at any time at its discretion, and it is your responsibility to stay updated on these changes. All modifications take effect immediately upon posting and apply to all future uses of the Platform, Content, or Services. By continuing to use the Platform after the revised Terms of Use are posted, you acknowledge and agree to be bound by the changes. Please check regularly for any updates.
Titles/Heading
The headings and titles of sections in this Agreement are provided solely for the convenience of reference and are for informational purposes only; they are not to be considered part of the Agreement’s language. Neither you nor the Company should rely on or interpret the headings when determining the meaning of each section or the Agreement as a whole.
Contact Us
If you have any questions or concerns about these Terms of Use, the Platform, Services, or Content, you can reach out to us using the “Contact” information available on our website, or by physical or electronic mail at the address provided below.
MacroHype, LLC
115 W 45th Street, Suite 606
New York, NY 10036