FunnelBud Service Delivery Terms of Service

Last updated: 2025-09-22

These Service Delivery Terms of Service (the “Terms”) govern the provision of professional services (“Services”) by FunnelBud Marketing AB (“FunnelBud,” “we,” “our,” or “us”) to clients (“Client,” “you,” or “your”). By engaging FunnelBud for Services, you agree to these Terms.

1. Quotations and Estimates
All quotations, proposals, or estimates provided by FunnelBud are for informational purposes only and do not constitute a binding commitment. You will be invoiced for the actual time spent and resources used in delivering the Services, regardless of the initial estimate.

2. Fees and Payment

2.1. Upfront Payment. A non-refundable upfront payment of fifty percent (50%) of the estimated total cost must be paid prior to commencement of Services unless otherwise agreed in writing.

2.2. Billing. The balance of fees will be invoiced based on actual time and materials used. Payment is due within thirty (30) days of invoice date, unless otherwise agreed in writing.

2.3. Late Payment. Late payments may incur interest at the maximum rate permitted by law, and FunnelBud reserves the right to suspend or terminate Services until payment is received in full.

3. Scope of Services
3.1. Service Description. The Services to be provided will be described in writing (e.g., proposal, statement of work, or agreed email correspondence). FunnelBud may reasonably adjust the method of performance as necessary.

3.2. Third-Party Dependencies. Service outcomes may depend on third-party products, APIs, or platforms outside FunnelBud’s control. FunnelBud is not responsible for changes in third-party systems (including API modifications, rate limits, or service discontinuations) that affect the delivery, cost, or performance of Services.

4. No Warranty
All Services are provided on an “as is” basis. FunnelBud makes no representations or warranties, express or implied, regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or that the Services will be error-free or uninterrupted.

5. Client Responsibilities
You agree to:

- Provide all necessary information, access, and cooperation reasonably required for FunnelBud to perform the Services.

- Review deliverables and provide feedback within reasonable timeframes.

- Ensure you have the necessary rights and permissions for materials you provide.

6. Changes and Additional Costs
Any modifications requested by you, or required due to third-party changes (e.g., API updates, external platform pricing changes), may result in additional costs. FunnelBud will notify you of such changes as soon as reasonably possible.

7. Force Majeure
FunnelBud will not be liable for any delay or failure to perform its obligations caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, labor disputes, internet outages, or failures of third-party providers.

8. Limitation of Liability
To the fullest extent permitted by law, FunnelBud’s liability arising out of or related to the Services shall not exceed the total fees paid by you for the Services giving rise to the claim. FunnelBud shall not be liable for indirect, incidental, special, consequential, or punitive damages.

9. Termination
Either party may terminate the Services with written notice if the other party materially breaches these Terms and fails to remedy such breach within fourteen (14) days. FunnelBud may also terminate Services immediately for non-payment. Upon termination, you remain responsible for all fees incurred up to the termination date.

10. Severability, Waiver, Assignment

10.1. Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.2. Waiver. Failure by either party to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision.

10.3. Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without FunnelBud’s prior written consent. FunnelBud may assign these Terms in connection with a merger, acquisition, or sale of its business without Client’s consent.

11. Independent Contractor Relationship
The relationship between FunnelBud and Client is that of independent contractor and client. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship. FunnelBud has sole control over the manner and means of performing the Services. Client shall not direct or control FunnelBud’s employees or contractors.

12. Governing Law and Dispute Resolution
These Terms are governed by and construed under the laws of Sweden, without regard to conflict of law provisions. Any disputes shall be resolved by the competent courts of Gothenburg, Sweden.

13. Confidentiality
13.1. Definition. "Confidential Information" means any information disclosed by Client to FunnelBud, or to which FunnelBud gains access in the course of performing the Services, that relates to Client's business operations, customers, marketing strategies, data, systems, workflows, pricing, or competitive positioning, whether disclosed orally, in writing, or by any other means. Information shall be treated as Confidential Information regardless of whether it is technically available in the public domain, if FunnelBud's knowledge of or access to that information is derived, directly or indirectly, from its engagement with the Client. The fact that FunnelBud holds specific knowledge about a Client — including knowledge that may overlap with publicly available information — is itself Confidential Information.
13.2. Obligation. FunnelBud shall: (i) hold all Confidential Information in strict confidence; (ii) not disclose Confidential Information to any third party without Client's prior written consent; and (iii) not use Confidential Information for any purpose other than performing the Services under these Terms.
13.3. No Cross-Client Use. FunnelBud shall not use any Confidential Information obtained from one Client to benefit, inform, or assist any other client, and shall not disclose one Client's Confidential Information to any other client, directly or indirectly.
13.4. Personnel. FunnelBud shall ensure that access to Confidential Information is limited to personnel who have a need to know for the purpose of performing the Services, and who are bound by confidentiality obligations at least as protective as those in this section.
13.5. Exceptions. The obligations in this section do not apply to information that: (i) is or becomes publicly known through no breach by FunnelBud; (ii) was already known to FunnelBud prior to disclosure by Client; (iii) is independently developed by FunnelBud without use of Confidential Information; or (iv) is required to be disclosed by law or court order, provided FunnelBud gives Client prompt written notice where legally permitted.
13.6. Survival. This section shall survive termination of the engagement for a period of three (3) years.

14. Entire Agreement
These Terms, together with any referenced proposal or statement of work, constitute the entire agreement between you and FunnelBud regarding the Services and supersede all prior discussions, communications, and agreements.