Terms of Use

Last Updated: 01 November 2024

1. Terms

By accessing this website and purchasing products from TSW Agency and its related entities, you are agreeing to be bound by these Terms of Use and all applicable laws and regulations.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM AND INFORMED NOT TO USE OR ACCESS THIS SITE NOR TO PURCHASE ANY OF THE PRODUCTS MADE AVAILABLE TO THE PUBLIC BY FUNNELS OF COURSE AND ITS RELATED ENTITIES.

2. Grant of License

Permission is granted to temporarily download one copy of any downloadable materials on the TSW Agency website for personal, non-commercial private viewing only. This permission is the grant of a license, not a transfer of title, and under this license you may not:

-modify or copy the materials;

-use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

-attempt to decompile or reverse engineer any software contained on the TSW Agency
web site;

-remove any copyright, trademark
or other proprietary notations from the materials; or

-transfer the materials to another person or 'mirror' the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and the License may be terminated by TSW Agency at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer/Disclosures

The materials on the TSW Agency website are provided 'as is'. TSW Agency makes no warranties, expressed or implied about its products viability or the business opportunity
and hereby disclaims and negates all
warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TSW Agency does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

TSW AGENCY DOES NOT HOLD ITSELF OUT AS A POST​ SECONDARY SCHOOL AND PROVIDES NO EDUCATIONAL STATE CREDITS NOR ANY STATE AUTHORIZED DEGREES OR CERTIFICATES THAT COULD BE USED FOR POST SECONDARY SCHOOL BENEFITS OR ALTERNATIVES OF ANY KIND. MOREOVER THE SERVICES TRAINING AND PRODUCTS ARE NOT GUARANTEED TO MAKE YOU MONEY AND YOU CANNOT RELY TO THE CONTRARY.

4. Limitations

In no event shall the we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the FOC website or use of its training and products. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you and such Jurisdictional choice of laws will prevail.

5. Revisions and Errata

The materials appearing on the TSW Agency website may include technical, typographical, or photographic errors. TSW Agency does not warrant that any of the materials on its web site are accurate, complete, or current. TSW Agency may make changes to the materials contained on its web site at any time without notice. TSW Agency does not, however, make any commitment to update the materials.

6. Links

TSW Agency has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by TSW Agency of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

TSW Agency may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use and you will be responsible to make ongoing and regular review of these terms.

7.1 RELATIONSHIP OF PARTIES It is understood by you that you are a Customer or Licensee only.
TSW Agency will not provide any fringe benefits, insurance, vacation or otherwise upon your becoming a member.
Any and all of your family, staff employees and associates shall be bound to the same terms as you under this agreement.

7.2. CONSENT Upon purchasing a product from TSW Agency, or opting in for a free item, you consent to receive emails about content updates, promotions, and various other newsletters.

8. Ownership and Content

8.1 Our Ownership of Our Content

TSW Agency, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, intellectual property, other data or copyrightable materials or content, and their selection and arrangement, is and remains the sole property of TSW Agency unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. TSW Agency, including our trademarks, may not be modified by you in any way.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL IN FUNNELS OF COURSE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

8.2 Our Limited License to You

If you view, download, or access TSW Agency, you will be considered our licensee and for the avoidance of doubt, you are granted a limited, revocable, sub licensable, non-exclusive, non-transferable license to access TSW Agency.

You agree to not engage in the use, distribution, sale, copying or disclosure of TSW Agency, or any portion thereof, to friends, family, or any other third party, or for commercial purposes or in any way that earns you or any third-party money, other than as expressly permitted.

This license is only for Your use and may not be assigned or sublicensed to anyone else, without our express written consent. Except as expressly permitted by us in writing, you will not try to reproduce the Platform, Content, or Services (including without limitation by engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm TSW Agency.

You may print and download portions of material from the different areas of the Platform, Content, or Services solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.

All rights not expressly granted in these terms or any express written license, are reserved by us.

8.3 Account Holder Content Ownership and Terms

Content that you upload to the Platform is and remains your content (“Account Holder Content”).

You retain all of your ownership rights in your Account Holder Content. TSW Agency does not claim any intellectual property rights over the materials uploaded to the Platform by virtue of your use of TSW Agency. 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 compliance with our Code of Conduct in this Agreement and prohibited content requirements, but we have no obligation to review anything that you upload.

You are uploading your Account Holder Content to the Platform at your discretion and we do not in any way certify or provide approval or permission prior to you uploading your content.

You agree that by uploading your Account Holder Content to our Platform, you are allowing us, or our affiliates or vendors, to store your content.

You agree that Account Holder Content you upload and submit to the Platform will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.

You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Account Holder Content you submit.

You understand and agree that when you upload your Account Holder Content to our Platform, you authorize us, if need be, to access your account and Account Holder Content to assist with any issue you may encounter with your account.

In the event we do so, you agree that we will not have any liability whatsoever for any damage, loss, or destruction to Account Holder Content except if it is due to our willful misconduct or, if required by applicable law, gross negligence.

You agree to provide TSW Agency with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to access, use, reproduce, distribute, prepare derivative works of, and perform (e.g., to display or transmit) your Account Holder Content in furtherance of our Services, including without limitation for promoting and redistributing part or all of your content in any media formats and through any media channels, including for advertising or other commercial use (In other words, because you own your content, you have to give us permission to display it, and to use it for internal operational purposes, like storing it on our servers).

You understand and agree that upon termination or cancellation of your account, in order to revoke TSW Agency's license to Account Holder Content (including access to your social media platform information you provide upon integrating your account with any such platform), you must alter the permissions on any social media platform and you understand that this is solely your responsibility and obligation.

You understand that TSW Agency is under no obligation to provide you with notice for revoking permissions to access your social media account information nor is TSW Agency to be held liable for not providing you with said notice.

You understand and agree 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 TSW Agency or remove you and any of your Account Holder Content from our Platform if you violate any of these Terms.

8.5 Limitations on Use and Removal of Account Holder Content from TSW Agency

You are only permitted to use Content, Platform, and Services within the TSW Agency ecosystem, and the Content, Platform, and Services are provided exclusively for current TSW Agency Account Holders.

This means that everything inside TSW Agency is non-transferrable to any other outside software, ecosystem, funnel builder, or domain. You agree and acknowledge you cannot export your Account Holder Content to any other outside software, ecosystem, funnel builder, or domain, and Funnels of Course is under no obligation to assist you in doing so.

You are strictly prohibited from any use of Content (including without limitation TSW Agency training materials) outside of TSW Agency, or sharing Content in any way without our consent.

In addition, the TSW Agency Support calls are for current Account Holders only, and may be limited to certain tiers or types of members.

If you decide to cancel your TSW Agency membership, or if we terminate your membership, you will lose access to any and all data inside the Content, Platform, and Services, including without limitation TSW Agency templates, designs, TSW Agency Training, and TSW Agency Support Calls.

You will be removed from any TSW Agency Support Group.

Furthermore, upon cancellation, we cannot guarantee that your Account Holder Content will still be available, and we have no obligation to keep Account Holder Content. Therefore, Funnels of Course shall not be held responsible for the loss of any Account Holder Content upon cancellation or termination of a Plan nor shall we be liable to the Account Holder for their inability to access Account Holder Content arising from any cancellation, including any claims of interference or contractual relations.

8.6 Account Holder and Team Member License to Company; Use in Testimonials and Marketing

From time to time, we provide opportunities for Account Holders and Team Members to submit feedback, testimonials and ideas for improvements related to TSW Agency. By posting or submitting any material such as text, photos, designs, graphics, images or videos, or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You acknowledge and agree that the feedback, testimonials or ideas of improvement that we receive from you are not confidential and you authorize us to use it without restriction and without payment to you.

You also 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, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease that use of any such contributions for TSW Agency at any time for any reason.

8.7 Non-Exclusive Services

We reserve the right to provide our Product to your competitors and do not guarantee exclusivity in any particular market segment. You acknowledge and agree that TSW Agency employees and contractors may also use our Product, and may compete with you, provided that they do not use your Content or confidential information in doing so.

9. Fees and Payments

9.1. Fees for Using TSW Agency

You are required to pay TSW Agency for every product you use, as per the pricing and payment terms presented to you for that product.

Stripe and Authorize.net are third-party payment processors that we use to bill you through your payment account linked to your TSW Agency account. Payment processing is subject to the terms, conditions, and privacy policies of the applicable payment processor, in addition to this Agreement. You will be charged through the billing method you select via your account management page. If you have chosen to pay by credit card, you must ensure the accuracy of the credit card information you provide and promptly inform TSW Agency of any changes to such information. Paid fees are non-refundable, except when provided for in these Terms or required by law. Technical support for the product is included in your fee and is available exclusively to TSW Agency customers.

Our support agents are not trained in custom-coding, and it is your responsibility to provide technical support for any custom-coding. TSW Agency accepts no responsibility for providing such support. All fees and charges are in US dollars, and all payments must be in US currency. We will not credit, refund or reimburse you for any foreign exchange fee charged by your credit card or any difference in fees due to currency conversion.

9.2. Subscriptions

Our product is available on a subscription basis. This means that you will be charged in advance on a recurring, periodic basis, which we refer to as a "billing cycle." Depending on the subscription plan you select when purchasing, billing cycles are usually monthly or annual. Payment will be charged to your chosen payment method when you confirm the purchase and at the beginning of every new billing cycle. Your subscription will automatically renew at the end of each billing cycle unless you cancel your account through your online account management page
before the end of the billing cycle. We do not want to lose you as a customer, but you can cancel your subscription at any time by changing your subscription.

In this case, your subscription will continue until the end of that billing cycle before terminating. You can also cancel auto-renewal on your subscription immediately after it starts if you do not want it to renew.

Price changes for subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use your subscription after the price change takes effect, you accept the new price, as permitted by local law. If you do not agree with the price changes, you have the right to reject the change by cancelling your subscription before the price change goes into effect.

Please ensure that you carefully read any notification of price changes. We use Stripe and Authorize.net, our third-party providers, to keep your payment information, such as non-sensitive credit card partial numbers and expiration date, on file.

We do not access this information except through provided programmatic methods by the provider(s). It is your responsibility to keep your payment details up-to-date by changing the details in your account settings. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent). This enables us to provide you access to the Product. At TSW Agency, we take our billing policies seriously.

If you choose to upgrade to a higher-priced plan during your current billing cycle, we'll bill you immediately for the prorated difference.

In the event that a downgrade results in a credit on your account, we'll apply that credit to your next billing cycle(s). Please note that we do not provide refunds for any account credits.

9.3. Price Changes. TSW Agency retains the right to modify the fees charged for the Services at any time. However, for Products charged on a subscription basis, any fee modification will only be effective at the end of the current billing cycle of your Subscription. TSW Agency will notify you of any fee changes in advance, and you will have the option to terminate your Subscription according to the terms specified above. Section

9.4. Authorized Payment Method. It is mandatory to keep a valid payment method on file with TSW Agency to pay for all fees. TSW Agency will charge applicable fees to any Authorized Payment Method that you approve, and we will continue to charge the Authorized Payment Method for applicable fees until this Agreement is terminated, and any and all outstanding fees have been paid in full.

9.5 Delinquent Payments: In the event that we are unable to process payment of any fees using your Authorized Payment Method, we will notify you of the payment failure within a reasonable time frame (a “Payment Failure Notice”). If outstanding fees remain unpaid, we reserve the right to suspend or revoke your access to the Product or certain services within the Product, at our sole discretion. Your full access to the Product will be reinstated upon payment of any outstanding fees, in addition to the fees applicable to your next billing cycle. Your full access to the Product will be reinstated upon payment of any outstanding fees, in addition to the fees applicable to your next billing cycle.

Please note that during any period of suspension or after termination, you may not be able to access the Product or certain services within the Product, which may affect your ability to provide your content, products, and/or services to, or process payments from, your end-users.

You acknowledge that TSW Agency is not liable for any disputes, claims, losses, injuries, or damages of any kind that may arise out of any impacts on your relationship with your end-users as a result of any suspension or termination of your access to the Product.

You agree to indemnify TSW Agency for any such disputes with your end-users in accordance with these Terms and Conditions.