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Terms of Use

Effective Date: December 23, 2024

Precedence of French Version

In the event of any discrepancy between the English version and the French version of these terms and conditions, the French version shall prevail.

Introduction

Welcome to Estatefunnel, an online platform designed to help users produce high-quality real estate videos through a range of tools for capturing, editing, and publishing video content online. This includes video tours, slideshows, and other multimedia enhancements for distribution and use on third-party platforms (hereinafter referred to as "the Application").

Estatefunnel is a trademark of 9507 2815 Québec Inc (Les sites web immobilier Estatefunnel).

The Application consists of:

The Application, services, features, designs, and software are collectively referred to as "the Services." These Services are owned by Estatefunnel Inc., located in Ste-Julie, Quebec Canada.

By accessing or using the Services, you agree to these Terms of Use (hereinafter "the Terms"). If you do not accept these Terms in their entirety, you may not access or use the Services.

Changes to the Terms

Estatefunnel reserves the right to modify these Terms at its sole discretion. Any changes will take effect immediately upon posting on the Website or in the Application. By continuing to use the Services, you agree to the updated Terms. It is your responsibility to review these Terms periodically.

Eligibility

The Services are not intended for individuals under the age of 18. If you are under 18, you may not use the Services.

License to Use the Services

License Grant

Subject to these Terms, Estatefunnel grants you a limited, revocable, non-exclusive, and non-transferable license to access and use the Services for personal or business purposes within Canada.

Acceptable Use

You agree to use the Services lawfully. Prohibited activities include but are not limited to:

Usage Restrictions

The use of Estatefunnel Services is strictly governed by these Terms. Any misuse or unauthorized use of the Services is prohibited, including but not limited to:

Consequences of Abusive Use

In the event of a violation of these restrictions, Estatefunnel reserves the right to suspend or terminate your access to the Services without notice. Additional actions, including legal proceedings, may be pursued in cases of severe or repeated violations.

Limitation of Liability

To the extent permitted by Canadian law, Estatefunnel is not liable for the following:

The Services provided include, among other things, lead generation via forms integrated into the platform. While we strive to ensure high-quality service, these features rely on third-party technologies and infrastructures that we do not fully control.

You agree to use the Services at your own risk. In case of malfunction or unforeseen events affecting the Services, Estatefunnel will make reasonable efforts to resolve issues, but no warranty is given regarding uninterrupted availability or flawless performance of the Services.

Protection of Banking Information

Estatefunnel does not store credit card information collected through the Service once it has been transmitted to the payment services provider for transaction processing. When a client completes a transaction, they provide their credit card details, including expiry date, security code, and any other necessary information for payment processing. This information is temporarily stored on a secure page during processing and is then deleted after transmission to the payment services provider or the issuing bank for payment confirmation.

Estatefunnel employs rigorous measures to safeguard your credit card information. Access to the Service and online payment system is secured using HTTPS protocol, and all transmitted information is encrypted with Secure Socket Layer (SSL) technology during transfer.

Estatefunnel disclaims any responsibility for the retention of credit card data entered via a Photographer's unique URL link.

Subscription and Payment

Free Services

Some Services may be provided for free, including Estatefunnel branding on videos. Estatefunnel reserves the right to modify or remove free Services at any time.

Paid Services

Upgrading to a paid subscription allows you to remove branding and access additional features. Fees are listed on the Website and include applicable taxes under Canadian law. By subscribing, you agree to:

Estatefunnel will notify you in advance of any subscription fee changes. Failure to pay may result in suspension or termination of access.

Ownership and Responsibility for Content

Your Content

You retain ownership of the videos, images, and other content you create using the Services ("Your Content"). By using the Services, you grant Estatefunnel a non-exclusive, royalty-free license to host, store, and display Your Content in order to provide the Services.

Prohibited Content

You agree not to upload content that:

Estatefunnel reserves the right to remove any content that violates these Terms.

Privacy

Your privacy is important to us. Estatefunnel collects, uses, and stores personal information in accordance with Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA). Please refer to our Privacy Policy at https://www.estatefunnel.com/en/privacy-policy for more details.

Account Termination

You may terminate your account at any time. Once terminated, your access to the Services will cease, and Estatefunnel reserves the right to delete your data. Estatefunnel may suspend or terminate your account for:

In the event of termination, no refunds for services or subscription fees will be issued.

Automatic Posting on Social Media Platforms

Estatefunnel offers an automatic posting feature to share content directly on Facebook, Instagram, YouTube, TikTok, and LinkedIn (hereinafter referred to as "Social Media Platforms"). By using this feature, you agree to the following terms:

Compliance with Platform Policies

You are responsible for ensuring that all content posted through the Services complies with the terms of use, community guidelines, and content standards of each Social Media Platform.

Authorization

By connecting your social media accounts to Estatefunnel, you grant the Services permission to post content on your behalf. This includes videos, captions, and all metadata associated with your content.

Content Ownership and Responsibility

While you retain ownership of your content, you acknowledge that Estatefunnel is not responsible for content that is deleted, flagged, or penalized by Social Media Platforms due to policy violations.

Limitations and Restrictions

Estatefunnel reserves the right to restrict or disable the automatic posting feature in the following cases:

Data Sharing

By using the automatic posting feature, you consent to the sharing of certain data with the connected Social Media Platforms, such as video metadata and captions. This data sharing is subject to the privacy policies of each platform.

Indemnification

You agree to indemnify Estatefunnel against any claims, damages, or penalties arising from the use of the automatic posting feature.

Governing Law

These Terms are governed by the laws of the province of Quebec and applicable federal laws of Canada. Any disputes will be resolved exclusively by the courts located in Quebec.

Data Hosting

The servers used by Estatefunnel for data hosting are located in California, United States, and are managed by Google Cloud Platform. By using our Services, you agree that your data may be stored outside of Canada.

However, we ensure that all data collected and processed as part of our Services remain subject to Canadian laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA). Canadian laws will take precedence over any potential conflicts related to privacy or data management.

If you have any questions or concerns regarding the hosting or management of your data, please feel free to contact us using the details provided in the "Contact Us" section.

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