1. Scope and Acceptance

These Terms of Service (hereinafter "Terms") govern the use of the FunnelExpert platform (hereinafter "Platform"), operated by Digital Mind Agency Ltd., Evagora Pallikaridi 38, 8010 Paphos, Cyprus (hereinafter "we", "us", or "Provider").

FunnelExpert is an AI-powered website builder platform that enables users to create professional websites for vacation rentals and other industries. By registering for, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

These Terms apply to all users of the Platform, regardless of whether they use a free or paid plan. They apply to access via web browser, API, MCP server, or any other interface.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through a notice on the Platform at least 30 days in advance. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

2. Definitions

The following terms have the meanings described below when used in these Terms:

3. Registration and Account

To use the Platform, you create an account through our AI-powered onboarding process or through the registration page. You are responsible for:

You must be at least 18 years old to create an account. Only one account per person is permitted. Creating multiple accounts to circumvent free tier limits or avoid restrictions is expressly prohibited.

You may sign in using a username and password or an email address. We also offer social login via Google OAuth and Apple Sign-In. You can enhance your account security with two-factor authentication (email code, TOTP authenticator app). Passwordless login via Magic Link is also available.

You are responsible for all actions taken under your account, whether or not you authorized them. We reserve the right to suspend or delete accounts that violate these Terms, are inactive, or pose a security risk.

4. Service Description

FunnelExpert provides a comprehensive platform for creating, managing, and optimizing professional websites. The Platform includes the following core features:

We reserve the right to modify, expand, or discontinue Platform features at any time. We will notify you of material changes in a timely manner.

5. Plans: Free, Pro, Expert

FunnelExpert offers three plans with different feature sets:

Free (0 EUR, free forever):

Pro (49 EUR/month or 539 EUR/year):

Expert (99 EUR/month):

Features beyond your current plan are displayed as locked previews. Access to these features requires an upgrade.

We reserve the right to change prices with 30 days advance notice. Existing annual subscriptions will continue at the agreed price until the next renewal date. Current pricing and features are available on our pricing page.

6. AI-Generated Content

The Platform uses artificial intelligence to generate website content, copy, translations, SEO optimizations, image descriptions, and blog posts. The following AI services are used:

You are solely responsible for:

We do not guarantee the accuracy, completeness, timeliness, or legal admissibility of AI-generated content. AI-generated text, translations, and image descriptions may contain inaccuracies, errors, or outdated information.

By using the Platform, you grant us the right to forward your inputs to the aforementioned AI services for processing and content generation. AI-generated images and videos may additionally be subject to the terms of use of the respective AI providers.

SEO Autopilot (Expert only) generates and publishes blog content automatically. You are responsible for regularly reviewing automatically published content and correcting or removing it as needed.

7. Data Processing and Privacy

We process personal data in accordance with our Privacy Policy, which forms an integral part of these Terms. Below is a summary of the key aspects:

Data Storage: All data is stored and processed on Dawico Deutschland GmbH servers in Germany. Dawico complies with GDPR requirements.

Data Processed:

Third-Party Data Processing:

Cookie Consent: Our cookie consent system (fe_consent) manages tracking preferences. Platform-level analytics (GA4, Meta Pixel) are only activated with explicit consent.

GDPR Rights: You have the right to access, rectification, deletion, data portability, and objection to the processing of your personal data. You can exercise these rights at any time through your account settings or by emailing contact@funnelexpert.io.

Data Retention: Account data is retained during the term of your subscription and for 90 days after account deletion. After this period, all personal data is permanently deleted.

Visitor Data: Data collected from visitors to your tenant website is processed according to the privacy settings you configure. As the operator of your website, you are responsible for complying with data protection regulations with respect to your website visitors.

8. Custom Domains

Connecting custom domains is available exclusively on Pro and Expert plans.

The following conditions apply to the use of custom domains:

Upon downgrading to the Free plan or upon cancellation, the connection to your custom domain will be disconnected. Your website will remain accessible via your subdomain (name.funnelexpert.io).

9. API and MCP Access

Access to the FunnelExpert API and MCP server (Model Context Protocol) is exclusively available to users on the Expert plan.

API Keys:

Rate Limits: The API is subject to token bucket rate limiting. Exact limits are described in the API documentation. Excessive use or abuse may result in temporary or permanent suspension of API access.

MCP Server: MCP sessions have a 1-hour time-to-live (TTL). A maximum of 5 concurrent sessions per user are allowed. The MCP server provides 15 tools (9 read, 6 write) for integration with AI assistants.

Terms of Use: All data accessed or modified through the API or MCP server is subject to the same terms as Platform data. We reserve the right to suspend API or MCP access immediately in cases of abuse, violation of these Terms, or security concerns.

10. Third-Party Integrations

The Platform integrates various third-party services to extend its functionality. You acknowledge that the use of these integrations is additionally subject to the terms of service of the respective providers:

You are responsible for complying with the terms of service of the respective third-party providers. We are not liable for the availability, functionality, or data protection practices of these third-party services.

11. Intellectual Property

Our Property: The Platform code, design, templates, user interface, documentation, and all related intellectual property rights are the property of Digital Mind Agency Ltd. or are licensed to us. This includes all industry-specific templates, section designs, CSS styles, and JavaScript modules.

Your Property: You retain full ownership of all content you upload to or create on the Platform. This includes your text, images, videos, configuration data, and booking information.

License Grant by You: By using the Platform, you grant us a worldwide, non-exclusive, royalty-free license to display, process, store, and technically prepare your content as part of the Service (e.g., image optimization, WebP conversion). This license is limited to the purpose of service delivery and terminates upon deletion of your account.

AI-Generated Content: You receive usage rights to AI-generated text, translations, and descriptions for your website. The underlying AI models and technologies remain the property of their respective developers (Anthropic, Google, Perplexity).

Prohibited Actions:

You can export your data at any time through your account settings. Upon account deletion, your data will be removed in accordance with our Privacy Policy.

12. Prohibited Use

The following activities are expressly prohibited when using the Platform:

Illegal and Harmful Content:

Technical Abuse:

Business Restrictions:

Violations may result in a warning, temporary suspension, or immediate account deletion, depending on severity. For severe violations (illegal content, security threats), we reserve the right to immediate termination without prior notice.

13. Payment and Billing

Payment Processing: All payments are processed through Stripe. We do not store credit card data or bank details on our servers. Stripe processes and stores payment data in accordance with PCI-DSS standards.

Billing Cycles:

Auto-Renewal: Subscriptions renew automatically at the end of each billing period unless you cancel beforehand. Cancellation must occur before the renewal date.

Failed Payments: In case of failed payments, Stripe will make up to 3 automatic retry attempts. If all attempts fail, your account will be downgraded to the Free plan. You will receive notifications about failed payments via email.

Refunds:

Price Changes: We will announce price changes at least 30 days in advance via email. Existing annual subscriptions will continue at the agreed price until the next renewal date.

VAT: All stated prices are exclusive of applicable VAT, which is calculated based on your location. Within the EU, the reverse charge mechanism may apply if a valid VAT ID is provided.

14. Cancellation and Termination

Cancellation by You: You can cancel your subscription at any time through your account settings in the admin dashboard. After cancellation:

Account Deletion: You can request full deletion of your account and all associated data at any time in accordance with GDPR. Before deletion, you have the opportunity to export your data. After deletion, all personal data will be permanently removed within 90 days.

Termination by Us: We may terminate or suspend your account if:

Data Export: We recommend exporting your data through the export function in your account settings before cancellation or account deletion.

15. Uptime and Availability

We strive to maintain Platform availability of 99.5%. This does not constitute a guarantee or a Service Level Agreement (SLA).

Maintenance Windows: Scheduled maintenance may cause temporary unavailability. We endeavor to perform planned maintenance outside of peak usage hours and to notify you in advance.

Third-Party Outages: We are not liable for outages or interruptions caused by third-party services (Stripe, Smoobu, AI providers, Dawico, Bunny.net).

Free Plan: No SLA applies to the Free plan, and there is no entitlement to a specific level of availability or support response time.

Data Backups: We perform regular backups of Platform data. Nevertheless, we recommend that you create your own backup copies of your content.

16. Limitation of Liability

The Platform is provided "as is" and "as available." We make no warranties regarding availability, error-free operation, or fitness for a particular purpose.

Maximum Liability: To the maximum extent permitted by law, our total liability is limited to the total amount you have paid us in the 12 months preceding the event giving rise to the claim.

Exclusion of Certain Damages: We are not liable for:

Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control. This includes natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, and shortages of energy or transportation.

This limitation of liability does not apply to damages caused by our willful misconduct or gross negligence, or for breach of essential contractual obligations.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Cyprus.

The exclusive jurisdiction for all disputes arising from or in connection with these Terms is Paphos, Cyprus.

For consumers within the European Union, mandatory consumer protection provisions of their country of residence remain unaffected. However, we are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

18. Severability

If any provision of these Terms is or becomes wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision that most closely approximates the economic purpose of the invalid provision. The same applies to any gaps in these Terms.

19. Contact

If you have questions about these Terms, the Platform, or your account, you can reach us at:

Digital Mind Agency Ltd.
Evagora Pallikaridi 38
8010 Paphos, Cyprus
Phone: +357 96 562105
E-Mail: contact@funnelexpert.io
Web: funnelexpert.io