General Platform Terms
A.Changes to These Terms
Funnel Mochi may revise these Terms from time to time. Updated Terms become effective when posted, unless a later effective date is stated or applicable law requires additional notice. Your continued use of the Service after the revised Terms become effective constitutes acceptance of the updated Terms. You are responsible for reviewing the Terms periodically. If you do not agree to a revision, you must stop using the Service and cancel any active subscription before the next renewal.
B.Electronic Communications
By accessing the Service, creating an account, or communicating with Funnel Mochi electronically, you consent to receive agreements, disclosures, notices, receipts, security alerts, account messages, and other service-related communications electronically. Funnel Mochi may communicate through email, notices posted within the Service, or messages delivered through your account. You agree that electronic communications satisfy any legal requirement that a communication be provided in writing, to the extent permitted by law.
You are responsible for maintaining an accurate email address and reviewing communications sent to your account.
C.Registration, Credentials, and Account Responsibility
Certain features may require a unique username, email address, password, or other authentication credentials. Your credentials are personal to you and may not be shared with another person unless your plan expressly permits additional authorized users.
You are responsible for maintaining the confidentiality and security of your credentials and for all instructions, purchases, downloads, and other activity conducted through your account. Activity completed through valid credentials may be treated as authorized by you unless Funnel Mochi determines otherwise.
You must promptly notify Funnel Mochi if you believe your account or credentials have been lost, stolen, disclosed, compromised, or used without authorization. Funnel Mochi may suspend access, require a password reset, or take other reasonable security measures to protect the account and Service.
D.Restrictions on Website and Service Use
You may use Funnel Mochi only for purposes expressly permitted by these Terms and the features intentionally made available through the Service. You may not, and may not authorize another person to:
- Frame, mirror, co-brand, embed, or reproduce the Service or any material portion of it without prior written permission.
- Download, copy, capture, or extract content except through features and methods expressly provided by Funnel Mochi.
- Obtain or attempt to obtain content, information, credentials, or platform data through means not intentionally made available by Funnel Mochi.
- Disable, overload, damage, impair, disrupt, or interfere with the Service, its infrastructure, or another user's access.
- Circumvent access controls, security measures, usage limits, credit requirements, or other technical restrictions.
- Use the Service for an unlawful purpose or in a manner prohibited by these Terms.
You agree to reasonably cooperate with Funnel Mochi in preventing or remedying unauthorized use of the Service.
E.User Submissions, Suggestions, and Feedback
You may send Funnel Mochi remarks, suggestions, ideas, feature requests, graphics, messages, support communications, or other materials collectively referred to as "Submissions."
You retain ownership of any original material you submit. However, you grant Funnel Mochi a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, display, and incorporate your Submission into the Service, marketing, documentation, or other business activities without compensation or attribution.
Unless Funnel Mochi has agreed otherwise in writing, Submissions will be treated as non-confidential and non-proprietary. You are solely responsible for each Submission, including its legality, accuracy, reliability, appropriateness, originality, and intellectual-property status. You represent that you own or control all rights necessary to provide the Submission and grant the rights described above.
Funnel Mochi is not obligated to use, publish, retain, or respond to any Submission and may remove or disregard a Submission at its discretion.
F.Prohibited Submissions and Cooperation With Authorities
You may not submit, transmit, or post material that is unlawful, threatening, harassing, defamatory, libelous, obscene, pornographic, inflammatory, fraudulent, malicious, infringing, or otherwise likely to create civil or criminal liability.
Funnel Mochi may review, restrict, remove, preserve, or disclose Submissions when reasonably necessary to enforce these Terms, protect the Service or another person, investigate suspected misconduct, comply with law, or respond to a valid court order, subpoena, or government request.
G.Third-Party Links and External Services
The Service may contain links, references, or pointers to websites, sales pages, social-media platforms, advertising networks, payment processors, products, or other services operated by third parties. These external services are provided for convenience and are not controlled by Funnel Mochi.
The inclusion of a link does not constitute endorsement, sponsorship, approval, or a representation regarding the third party or its content. Funnel Mochi is not responsible for the availability, accuracy, security, legality, products, services, privacy practices, or terms of any external service. You access and use third-party services at your own risk and subject to their applicable policies and agreements.
H.Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, FEATURES, PRODUCTS, LINKS, DATA, AND CONTENT MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
FUNNEL MOCHI DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND ERROR-FREE OPERATION.
FUNNEL MOCHI DOES NOT WARRANT THAT THE SERVICE OR CONTENT WILL BE COMPLETE, CURRENT, ACCURATE, SECURE, UNINTERRUPTED, AVAILABLE AT A PARTICULAR TIME OR LOCATION, FREE FROM DEFECTS OR HARMFUL COMPONENTS, OR THAT ERRORS WILL BE CORRECTED. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
Some jurisdictions do not allow certain warranty exclusions, so some of the above exclusions may not apply to you.
I.Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FUNNEL MOCHI AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SERVICE, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, ADVERTISING SPEND, OR ANTICIPATED SAVINGS.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANOTHER LEGAL THEORY, AND EVEN IF FUNNEL MOCHI WAS ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
Where a jurisdiction does not permit the exclusion or limitation of certain damages, Funnel Mochi's liability will be limited to the maximum extent permitted by law.
[Insert Liability Cap] A final monetary liability cap still needs to be set and reviewed by counsel.
J.Indemnification
You agree to defend, indemnify, and hold harmless Funnel Mochi and its owners, affiliates, officers, directors, employees, contractors, licensors, and service providers from claims, demands, damages, judgments, liabilities, losses, costs, and reasonable attorneys' fees arising out of or relating to:
- Your breach of these Terms or any representation or warranty made by you.
- Your use or misuse of the Service.
- Activity conducted through your account.
- Your Submissions or use of downloaded content.
- Your violation of law or infringement of another person's rights.
Funnel Mochi may assume control of the defense of a covered claim, and you agree to provide reasonable cooperation.
K.Severability
If any provision of these Terms is found unlawful, invalid, void, or unenforceable, that provision will be enforced to the greatest extent permitted or severed if necessary. The remaining provisions will continue in full force and effect.
L.General Questions and Contact
Questions, comments, or concerns regarding the Service or these Terms may be sent to:
General Contact Email: support@funnelmochi.com
Subscription, Billing, Credits, and Refunds
1.Paid Subscriptions
Access to Funnel Mochi's content library, previews, search tools, saved collections, credits, and download functionality requires an active paid subscription unless otherwise expressly stated.
When you purchase a subscription, you authorize Funnel Mochi and its payment processor to charge the payment method associated with your account for the selected subscription plan, applicable taxes, purchased top-up credits, approved plan upgrades, and any other purchases you expressly authorize.
Subscription prices, included credits, features, and usage limits are displayed at checkout and may vary by plan.
2.Automatic Renewal
Funnel Mochi subscriptions automatically renew at the end of each monthly billing cycle unless canceled before the next renewal date.
By starting a paid subscription, you expressly authorize Funnel Mochi to charge the then-current subscription price, plus applicable taxes, to your payment method on each renewal date.
Before completing your purchase, you will be shown the subscription price, billing frequency, automatic-renewal disclosure, cancellation terms, and any material restrictions relating to credits, access, or refunds.
Funnel Mochi may change subscription pricing upon advance notice. Any price change will apply beginning with a future renewal and will not retroactively change a completed billing period.
3.Cancellation
You may cancel your subscription through the billing or account settings available within your Funnel Mochi account.
Cancellation prevents future renewal charges. Unless otherwise required by law:
- Your subscription remains active until the end of the billing period for which you have already paid.
- Cancellation does not automatically create a refund for the current billing period.
- Your monthly subscription credits remain usable until the end of that billing period.
- Access to credits and download functionality ends when the subscription becomes inactive.
Canceling your subscription does not extend the expiration date of any credits.
4.Monthly Subscription Credits
Each subscription plan includes a specified number of monthly credits.
Monthly subscription credits:
- Are added at the beginning of each paid billing cycle.
- May only be used while the subscription is active.
- Expire when the next billing cycle begins.
- Do not roll over into the next billing cycle.
- Have no cash value.
- Cannot be transferred, resold, exchanged, or redeemed for cash.
- Are subject to the credit costs displayed within the platform.
A new monthly credit allocation is issued after a successful subscription renewal payment.
5.Top-Up Credits
Active subscribers may purchase additional top-up credits separately from their monthly subscription.
Top-up credits:
- Are available only to users with an active subscription.
- Expire six months after their purchase date.
- Retain their original expiration date if the subscriber changes plans.
- Cannot be used while the subscription is inactive.
- Do not extend or renew because a subscription is paused, canceled, or reactivated.
- Have no cash value.
- Cannot be transferred, resold, exchanged, or redeemed for cash.
When an account contains both monthly subscription credits and top-up credits, Funnel Mochi will generally deduct credits with the earliest expiration date first. This will normally cause monthly credits to be used before top-up credits.
6.Credit Usage
Credits are deducted when a user completes an eligible download or other credit-based action identified within the platform.
The current standard download costs are:
- Video ad download: 10 credits.
- Complete VSL download: 50 credits.
Funnel Mochi may introduce additional credit-based content types or adjust future credit requirements. Any applicable credit cost will be displayed before the user confirms the transaction.
Once credits have been redeemed and access to the applicable digital content has been provided, the transaction is considered fulfilled and consumed.
7.Subscription Upgrades
You may upgrade to a higher subscription plan at any time.
Unless another method is displayed and accepted during checkout:
- The upgraded plan takes effect immediately.
- You will be charged a prorated amount based on the remaining portion of your current billing cycle.
- You will receive a prorated portion of the difference between the credits included in your previous and upgraded plans.
- Existing unused monthly credits will remain available until the current renewal date.
- Existing top-up credits will remain unchanged and retain their original expiration dates.
- The full monthly credit allowance for the upgraded plan will be issued on the next successful renewal date.
The exact upgrade charge and additional credit amount will be displayed before you confirm the upgrade.
8.Failed Payments
If a subscription renewal payment fails, Funnel Mochi may retry the payment method, temporarily suspend account access, prevent the use of credits or downloads, request an updated payment method, or cancel the subscription after reasonable payment attempts.
Credits do not receive an expiration extension because of a failed payment, suspended account, or inactive subscription.
9.Refund Eligibility
Because Funnel Mochi provides immediate access to digital services and downloadable digital content, purchases are generally final once the purchased service or credits have been used.
A customer may request a refund for a subscription payment or top-up credit purchase within seven days of the transaction only when all of the following conditions are satisfied:
- No credits from the applicable purchase or billing cycle have been used.
- No video ad, VSL, or other downloadable content has been downloaded using those credits.
- No portion of the purchased credits has been transferred, redeemed, or otherwise consumed.
- The request is submitted through Funnel Mochi's designated support channel.
- The payment is not otherwise excluded from refund eligibility under these Terms.
Refund eligibility is determined by Funnel Mochi's account and transaction records.
10.Used Digital Services and Content
A subscription, credit package, or digital-content transaction is considered used once any included or purchased credit has been redeemed or any downloadable content has been accessed through a completed credit-based transaction.
Once digital access has been used or content has been delivered, it cannot be physically returned, revoked, or restored to an unused condition. Accordingly, except where required by applicable law, no refund will be issued after:
- Any credit associated with the payment has been used.
- Any eligible file has been downloaded.
- The user has received the corresponding digital content.
- The applicable refund-request period has expired.
This policy does not limit any non-waivable rights that a customer may have under applicable consumer-protection law.
11.Partial Use and Partial Refunds
Funnel Mochi does not provide partial refunds for:
- Partially used subscription periods.
- Partially used credit packages.
- Unused portions of a monthly plan after any credit has been redeemed.
- Credits that expire before use.
- Failure to cancel before renewal.
- Account inactivity.
Using even one credit from the applicable purchase or billing-cycle allocation makes that transaction ineligible for a discretionary refund, except where otherwise required by law.
12.Renewal Refunds
A renewal payment may qualify for a refund only if:
- The request is submitted within seven days after the renewal charge.
- No credits from the renewed billing cycle have been used.
- No content has been downloaded during the renewed billing cycle.
- The subscription is canceled as part of the refund request.
Approval of a renewal refund will terminate access associated with that renewed billing period and remove the corresponding monthly credits.
13.Top-Up Credit Refunds
A top-up credit purchase may qualify for a refund only if:
- The request is submitted within seven days after purchase.
- None of the purchased top-up credits have been used.
- No benefit, download, or other digital transaction has been completed using the purchased credits.
Top-up credit purchases become final and non-refundable immediately after any portion of the package is used.
14.Unauthorized or Incorrect Charges
The refund restrictions above do not apply to verified duplicate charges, incorrect billing amounts, charges made after a properly completed cancellation, unauthorized transactions, or transactions for services that Funnel Mochi failed to provide.
Customers should contact Funnel Mochi support promptly after discovering a suspected billing error.
15.Chargebacks and Payment Disputes
Customers should contact Funnel Mochi support before initiating a payment dispute so that Funnel Mochi has an opportunity to investigate and resolve the issue.
Filing a chargeback does not automatically establish refund eligibility. Funnel Mochi may provide the payment processor with relevant records, including acceptance of these Terms, subscription and renewal disclosures, login and account activity, credit usage, download records, cancellation records, and communications relating to the transaction.
Funnel Mochi may suspend an account while a payment dispute or chargeback is pending.
16.Intellectual Property and Copyright
Funnel Mochi and its licensors own all rights, title, and interest in and to the Funnel Mochi platform and all materials created by or for Funnel Mochi, including its software, source and object code, search tools, filters, database compilation and organization, platform architecture, interface designs, graphics, reports, documentation, trademarks, logos, product names, and other proprietary technology or content.
Subject to these Terms and payment of all applicable fees, Funnel Mochi grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service solely for your internal advertising research, competitive analysis, campaign planning, education, and creative-development purposes.
Except where expressly permitted in writing, you may not copy, reproduce, modify, distribute, publish, publicly display, sell, license, sublicense, reverse engineer, create derivative works from, or otherwise commercially exploit Funnel Mochi's proprietary materials. All rights not expressly granted are reserved.
The Funnel Mochi name, logo, and the slogan "Spy Smarter. Scale Faster." may not be used in a manner that suggests sponsorship, endorsement, partnership, or affiliation without prior written consent.
17.Third-Party Advertisements, VSLs, and Content
The Service may display or provide access to advertisements, video advertisements, video sales letters ("VSLs"), landing pages, images, written copy, brand names, trademarks, website information, and other materials created, published, or owned by third parties.
All third-party content remains the property of its respective owners. Funnel Mochi does not claim ownership of third-party advertising content merely because the content is indexed, displayed, previewed, stored, or made available through the Service.
Accessing, previewing, saving, or downloading third-party content through Funnel Mochi does not grant you copyright ownership, trademark rights, publicity rights, a commercial-use license, or permission to reproduce, publish, distribute, display, sell, modify, or run that content as your own advertisement.
Third-party content is made available for competitive research, analysis, commentary, education, inspiration, and internal creative-development purposes. You are solely responsible for obtaining any licenses, permissions, releases, or legal clearances required before reproducing, modifying, publishing, distributing, displaying, or commercially using third-party content.
18.User Responsibility for Downloaded Content
You are responsible for how you use any advertisement, VSL, image, copy, landing page, or other third-party material obtained through the Service.
You may not use downloaded content to:
- Infringe or misappropriate any copyright, trademark, trade dress, publicity, privacy, contractual, or other proprietary right.
- Impersonate an advertiser, brand, creator, company, or other person.
- Mislead consumers regarding the source, sponsorship, endorsement, or ownership of content.
- Redistribute, resell, sublicense, publicly post, or upload content to a competing advertising-intelligence service or shared content repository.
- Remove copyright notices, trademarks, watermarks, attribution, or other proprietary notices.
- Create substantially identical advertisements or derivative materials without obtaining all legally required rights and permissions.
Funnel Mochi does not provide legal clearance for any third-party content and does not represent that any advertisement, VSL, landing page, claim, image, testimonial, trademark, or other material is legally available for your commercial use.
19.Copyright and Rights-Holder Complaints
Funnel Mochi respects the intellectual-property and legal rights of copyright owners, advertisers, brands, creators, and other rights holders.
A rights holder or authorized representative may submit a request concerning content available through the Service. A complaint should include:
- Identification of the copyrighted work, trademark, or other right allegedly affected.
- Identification of the content at issue and its location or URL within Funnel Mochi.
- The complaining party's full name, company name if applicable, email address, telephone number, and mailing address.
- A statement describing the complaining party's ownership of the affected rights or authority to act for the rights holder.
- A good-faith statement that the disputed use is not authorized by the rights holder, its agent, or applicable law.
- A statement that the information provided is accurate.
- A physical or electronic signature of the rights holder or authorized representative.
Notices should be sent to:
General Contact Email: support@funnelmochi.com
Funnel Mochi may remove, restrict, disable access to, preserve, or investigate disputed content while reviewing a complaint. Removal of content from Funnel Mochi does not constitute a final determination regarding ownership, infringement, or legality.
Funnel Mochi may request additional information before acting on a complaint and may forward the complaint and contact information to the party responsible for the disputed content when legally appropriate.
20.Repeat Infringement and Abuse
Funnel Mochi may suspend or terminate accounts of users who repeatedly infringe intellectual-property rights, misuse third-party content, submit fraudulent complaints, or use the Service in violation of these Terms.
We may also restrict access when we reasonably believe that continued use of an account creates legal risk for Funnel Mochi, a rights holder, another user, or a third party.
These copyright provisions do not limit any rights, defenses, exceptions, or obligations available under applicable law, including fair-use or similar doctrines where applicable.
Questions about these Terms? Contact us at support@funnelmochi.com. You can also review plan pricing and included credits or top-up credit packages.