Terms of Service

Last updated: 24 April 2026

These Terms of Service ("Terms") govern your access to and use of FunnelFusion (the "Service"), operated by Elbert Enterprises Corporation ("Elbert Enterprises", "we", "us", or "our"). By creating an account or using the Service, you agree to be bound by these Terms.

1. The Service

FunnelFusion is a software-as-a-service platform that allows Shopify merchants to automatically create, manage, and report on Google Shopping and Microsoft Shopping campaigns. The Service connects to your third-party accounts (Shopify, Google Ads, Google Merchant Center, Microsoft Advertising, Microsoft Merchant Center) via their respective APIs and acts on your behalf according to your configuration.

2. Your Account

You must register for an account to use the Service. You are responsible for:

• Providing accurate, current, and complete information.
• Maintaining the confidentiality of your password.
• All activity that occurs under your account.
• Notifying us promptly of any unauthorised access.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service.

3. Third-Party Platforms

The Service requires you to connect one or more third-party platform accounts. Your use of those platforms is governed by the relevant platform's own terms:

• Shopify Terms of Service
• Google Terms of Service and Google Ads API Policies
• Microsoft Services Agreement
• Stripe Services Agreement (for payment processing)

You represent and warrant that you have the authority to connect the accounts you link to the Service, and that your use of those accounts through the Service complies with each platform's terms.

4. Permitted Use

You agree not to:

• Use the Service for any unlawful purpose, or in violation of any applicable law or regulation.
• Use the Service to advertise products or services prohibited by Google Ads policies, Microsoft Advertising policies, or applicable advertising regulations.
• Reverse engineer, decompile, or disassemble the Service, except to the extent such restriction is prohibited by applicable law.
• Use the Service to send spam, malware, or any content that is abusive, defamatory, or infringes any third party's rights.
• Attempt to gain unauthorised access to any portion of the Service, or interfere with its operation.
• Resell, sublicense, or redistribute the Service without our prior written consent.

5. Subscriptions & Billing

The Service is offered on a subscription basis. By subscribing, you authorise us (via Stripe) to charge your chosen payment method on a recurring basis at the plan price in effect at the time of renewal.

• Subscriptions renew automatically until cancelled. You may cancel at any time from the Billing page; your subscription continues until the end of the paid period.
• Fees are non-refundable except where required by law.
• We may change our pricing with at least 30 days' notice. If you do not accept the new pricing, you may cancel before the price change takes effect.
• If a payment fails, we may suspend the Service until payment is received. Accounts that remain unpaid for more than 30 days may be downgraded or deleted.

6. Your Content & Data

You retain all rights to the content and data you upload to or generate through the Service ("Your Data"), including your product catalogue, campaign configurations, and performance data.

You grant us a limited, non-exclusive licence to store, process, and transmit Your Data as necessary to provide the Service (e.g. sending catalogue data to Google Merchant Center at your request).

You are responsible for the accuracy, legality, and quality of Your Data. We do not review or moderate Your Data and disclaim liability for it.

Data Processing Agreement (GDPR). If you are established in the European Economic Area, the United Kingdom, or Switzerland, or if your end customers include data subjects in those jurisdictions, a Data Processing Agreement compliant with Article 28 GDPR is available on request by emailing api@elbert-enterprises.com.

7. Advertising Spend & Budgets

You are solely responsible for all advertising spend incurred on Google Ads, Microsoft Advertising, or any other platform connected to the Service. FunnelFusion does not pay for your ad spend - that is billed directly to you by the respective platform.

You acknowledge that the budget settings configured in the Service are sent to the connected platforms and enforced by them, not by us. While we provide safeguards (pre-publish budget validation, campaigns created in a paused state), you are responsible for monitoring your ad spend and configuring platform-level safeguards (budget caps, alerts).

8. Intellectual Property

The Service, including its software, design, trademarks, and content (other than Your Data), is owned by Elbert Enterprises and protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service during the term of your subscription in accordance with these Terms.

9. Availability & Support

We endeavour to keep the Service available 24/7 but do not guarantee uninterrupted availability. Maintenance, upgrades, third-party outages (Shopify, Google, Microsoft), or other factors may cause temporary disruptions.

Support is provided by email at api@elbert-enterprises.com. We aim to respond within two business days.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE 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 RESULT IN ANY SPECIFIC ADVERTISING PERFORMANCE OR RETURN ON INVESTMENT.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ELBERT ENTERPRISES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, OR LOST ADVERTISING SPEND ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Elbert Enterprises, its officers, directors, employees, and agents from any claim, demand, loss, or damages (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party right.

13. Termination

You may terminate your account at any time by cancelling your subscription and closing your account from the Settings page. We may suspend or terminate your access immediately if we believe you have materially violated these Terms or the policies of a connected platform.

Upon termination, your right to use the Service ceases. Data deletion following account closure is described in our Privacy Policy.

14. Changes to These Terms

We may revise these Terms from time to time. Material changes will be communicated to you via email or in-app notification at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any dispute.

16. Contact

Questions about these Terms can be sent to api@elbert-enterprises.com.