Terms of Use | FunnelProfitX

1. About These Terms

Welcome to FunnelProfitX. FunnelProfitX is a brand of Debmedia Technologies LLP, a limited liability partnership registered in India ("Company," "we," "us," or "our").

These Terms of Use ("Terms") govern your use of this website and the digital products we sell under the FunnelProfitX brand, including SwipeInboxEmpire PLR and its optional add-ons (together, the "Products").

By visiting this website, buying a Product, or downloading Product files, you agree to these Terms. If you do not agree, please do not use the website or buy the Products.

Please read these Terms together with our Privacy Policy, Refund Policy and Earnings Disclaimer, and with the license document included in every Product.

2. Definitions

In these Terms:

"Services" means this website, the download pages and the support page.
"Product" means any digital product sold under the brand, including add-ons.
"License" means the license document included inside each Product package.
"You" means the person who visits the website or buys a Product.
"WarriorPlus" means the third-party marketplace and payment processor through which the Products are sold.

3. What You Are Buying

The Products are digital downloads. Nothing is shipped to you. The main Product is:

SwipeInboxEmpire PLR: 20 niche email sequences (140 emails) with subject lines, preview texts and suggested send days, a Quick Start Guide, two bonuses and a PLR license.

During checkout you may also see optional offers, each sold separately:

100 Extra PLR Subject Lines
SwipeInboxEmpire Expansion Pack (40 additional niches and 5 premium campaign packs)
SwipeInboxEmpire Mini Expansion Pack (20 additional niches)
Master Resell Rights Upgrade
DFY Reseller Kit (marketing materials for promoting your own version)

You only receive the Products you actually purchased. Descriptions on our pages are summaries; the Product itself and its License are what apply.

4. Purchases, Payment and Delivery

Payment: Purchases are made through WarriorPlus. Prices are shown at checkout, and the payment itself is processed by WarriorPlus under its own terms and privacy policy. We do not see or store your card or bank details.

One-time payments: Our Products are one-time purchases. There is no subscription unless a page clearly says otherwise.

Taxes: Any sales tax, VAT or similar charge is calculated and collected at checkout where it applies.

Delivery: After the payment is confirmed, you receive a link to a download page for the Products you bought. Download links are personal to you. They may expire, and the number of downloads may be limited. Please save your files in a safe place after downloading.

Problems: If a link does not work or a file is missing, contact support through the Support page and include your order ID.

Refunded and disputed orders: We may remove access to a Product if the order is refunded, charged back or found to be fraudulent.

5. Licenses and What You May Do

Every Product comes with a License. The License is part of these Terms and explains what you may and may not do with the content. In summary:

SwipeInboxEmpire PLR and the add-on content packs come with a Private Label Rights (PLR) License. You may edit and rebrand the content and sell your own finished version. You may not pass on PLR or master resell rights, and you may not resell the original files unedited.

The Master Resell Rights Upgrade lets you sell the complete covered package and grant your customers only the Customer PLR License included with it. It does not let you grant resell rights or sublicense.

The DFY Reseller Kit does not add any rights to the content. It provides marketing materials for promoting your own version.

This is a summary for convenience. If it differs from the License inside a Product, the License controls the rights in that Product's content, and these Terms apply to everything else.

You may not share your download links publicly, upload the Products to file-sharing or marketplace sites in unedited form, or give them away to others except as the License expressly allows.

6. Your Responsibilities When You Use the Content

The content is a starting point, not a finished campaign. When you use it:

Review and edit it so that it fits your audience, your offer and your business.

Follow the email and marketing laws that apply to you, for example CAN-SPAM, GDPR, CASL and local rules. This usually means having permission to email people, including a working unsubscribe link, and including your business address.

Do not make false, misleading or guaranteed income, health or investment claims, and do not invent testimonials or results.

Some niches (health, finance, crypto, real estate and others) are regulated. The content is general marketing copy, not professional advice.

You are responsible for your own products, customers, support, refunds, taxes and compliance.

7. Refunds

Each Product is covered by a 30-day money-back guarantee, explained in full in our Refund Policy. Please read it before you buy.

8. Support

Support is available through the Support page of this website. Please include your order ID and the email address used for the purchase. We aim to reply within a reasonable time, but we do not promise a specific response time.

9. Amendments to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Changes may be made to reflect:

Changes in applicable laws or regulations
New features, services, or functionality
Changes in our business practices or service offerings
Security, fraud prevention, or risk management requirements
Feedback from users or legal counsel.

Notice of Changes: We will notify you of material changes to these Terms by posting an updated version on our website with a new "Last Updated" date, and where required by law, by sending notice to your registered email address.

Continued Use: Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must cease using the Services immediately.

10. Prohibited Activities

You may not use the Services to:

Violate any applicable laws, regulations, or third-party rights
Infringe intellectual property rights of others
Transmit harmful, offensive, or illegal content
Engage in fraudulent, deceptive, or misleading practices
Harass, abuse, threaten, or intimidate others
Distribute spam, unsolicited communications, or phishing attempts
Circumvent security features or access restrictions
Interfere with other users' access to the Services
Upload viruses, malware, or other malicious code
Scrape, copy, or extract data without authorization
Resell, sublicense, or redistribute the Services without permission
Create derivative works based on the Services
Use the Services for illegal gambling, money laundering, or terrorist financing
Violate export control laws or international sanctions
Engage in any activity that could damage our reputation or business interests.

Enforcement: Violation of these prohibitions may result in immediate termination of your access, legal action, and reporting to law enforcement authorities.

11. Compliance With Laws and Regulations

You agree to comply with all applicable laws, regulations, and industry standards in your jurisdiction and India, including but not limited to:

Information Technology Act, 2000 (India)
Personal Data Protection Bill (when enacted)
Copyright laws and intellectual property regulations
Export control and sanctions laws
Anti-money laundering (AML) and counter-terrorist financing (CTF) laws
Consumer protection laws
Tax laws and reporting requirements
Industry-specific regulations applicable to your business
Data localization requirements
Cybersecurity frameworks and standards.

You are solely responsible for determining whether our Services are appropriate for your use in light of applicable regulations.

12. No Guarantee of Business Results

BUSINESS OUTCOME DISCLAIMER: We do not warrant, guarantee, or make any representations regarding business outcomes, financial results, or commercial success from using our Services.

No Guarantees Of:

Revenue increases, sales growth, or profit margins
Cost savings or operational efficiency improvements
Market share gains or competitive advantages
Customer acquisition, retention, or satisfaction rates
Website traffic, conversion rates, or user engagement
Search engine rankings or SEO performance
Return on investment (ROI) or payback periods
Successful fundraising or business valuations
Regulatory approvals or compliance certifications
Achievement of specific business objectives or KPIs.

Your Success Depends On: Business results depend on numerous factors beyond our control, including market conditions, competition, your business model, management decisions, economic factors, regulatory changes, and execution quality.

Case Studies and Testimonials: Any case studies, testimonials, or success stories presented are individual results and do not guarantee similar outcomes for your business. Past performance is not indicative of future results.

13. Warranty Disclaimer

SERVICES PROVIDED "AS IS": THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

DISCLAIMER OF WARRANTIES: TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Any warranty that the Services will be uninterrupted, timely, secure, or error-free
Any warranty regarding the quality, accuracy, reliability, or completeness of any information obtained through the Services
Any warranty that defects or errors will be corrected
Any warranty regarding third-party services, tools, or integrations
Any warranty of merchantable quality or technical support.

NO GUARANTEE OF RESULTS: We do not warrant or guarantee any specific results, outcomes, performance metrics, cost savings, revenue increases, business success, or return on investment from using our Services.

BEST EFFORTS: The Company makes reasonable efforts to provide quality services using industry-standard practices, but does not guarantee perfection, error-free operation, or that the Services will meet all your requirements or expectations.

SOFTWARE BUGS: Software may contain bugs, errors, or defects. We will make reasonable efforts to fix critical issues but do not warrant bug-free software.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DEBMEDIA TECHNOLOGIES LLP, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

14.1 Types of Damages Excluded

Any indirect, incidental, special, consequential, exemplary, or punitive damages
Loss of profits, revenue, income, or anticipated savings
Loss of data, information, or use of Services
Loss of business opportunity or goodwill
Business interruption or operational delays
Failure to realize expected cost savings
Reputational harm or damage to brand
Third-party claims or liabilities
Costs of procurement of substitute goods or services
Loss resulting from unauthorized access or data breaches
Errors, bugs, or defects in software
Actions or inactions of third-party service providers.

14.2 Maximum Liability Cap

AGGREGATE LIABILITY: Our total aggregate liability arising out of or related to these Terms, the Services, or any claim (whether in contract, tort, negligence, strict liability, or otherwise) shall not exceed the total amount you paid for the Product that the claim relates to.

14.3 Scope of Limitation

This limitation applies regardless of:

The legal theory upon which the claim is based (breach of contract, breach of warranty, negligence, strict liability, misrepresentation, or any other theory)
Whether the Company has been advised of the possibility of such damages
Whether any remedy fails of its essential purpose
The number of claims brought against the Company.

14.4 Exceptions

This limitation does not apply to:

Claims arising from gross negligence or willful misconduct by the Company
Death or personal injury caused by the Company's negligence
Fraud or fraudulent misrepresentation
Liabilities that cannot be excluded or limited under applicable law.

ESSENTIAL ELEMENT: These limitations are an essential element of the agreement between you and the Company. The Services would not be provided without these limitations.

15. Your Indemnity

Your Indemnification Obligation: You agree to indemnify, defend, and hold harmless Debmedia Technologies LLP, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

Your use or misuse of the Services
Your violation of these Terms
Your violation of any third-party rights, including intellectual property rights
Your violation of applicable laws or regulations
Any content you post, transmit, or make available through the Services
Unauthorized sharing of your download links or Product files
False or misleading information you provide
Your negligence or willful misconduct
Any disputes with other users or third parties.

Defense and Settlement: We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully in the defense of any claim.

Notice: We will notify you of any claim subject to indemnification and give you reasonable opportunity to participate in the defense.

16. Force Majeure Events

Excused Performance: Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including:

Acts of God (earthquakes, floods, storms, pandemics)
War, terrorism, civil unrest, or government actions
Strikes, labor disputes, or transportation disruptions
Internet, telecommunications, or utility failures
Cyberattacks, hacking, or distributed denial of service attacks
Third-party service provider failures
Natural disasters or public health emergencies
Government orders, embargoes, or trade restrictions
Fire, explosion, or other catastrophes.

Notice: The affected party must promptly notify the other party of the force majeure event and its expected duration.

Mitigation: The affected party must use reasonable efforts to minimize the impact and resume performance as soon as practicable.

Termination: If a force majeure event continues for more than 90 days, either party may terminate the affected Services upon written notice.

No Liability: Neither party will be liable for delays or failures caused by force majeure events.

17. Fraud Detection and Prevention

Fraud Monitoring: We monitor for fraudulent activity including:

Payment fraud and chargebacks
Use of stolen payment details
False representations or misstatements
Abuse of trial or promotional offers
Unauthorized resale of Services.

Consequences of Fraud: Fraudulent activity may result in:

Immediate removal of access to the Products
Retention of all fees paid (no refunds)
Legal action and prosecution
Reporting to law enforcement
Blacklisting from future Services
Collection of damages and attorney fees.

18. Export Control and Sanctions Compliance

Export Restrictions: Our Services and technology may be subject to export control laws of India, the United States, and other jurisdictions. You agree to comply with all applicable export control regulations.

Prohibited Destinations: You may not access or use the Services from countries or territories subject to comprehensive sanctions or embargoes, including but not limited to:

Countries designated by the United Nations, United States, European Union, or India as sanctioned
Territories where use would violate international sanctions
Regions subject to comprehensive trade restrictions.

Prohibited Persons: You represent that you are not:

Listed on any government sanctions list (SDN, Entity List, Denied Persons List)
Owned or controlled by sanctioned persons or entities
Acting on behalf of sanctioned parties
Engaged in activities prohibited by export control laws.

Prohibited End Uses: You may not use the Services for:

Development, production, or use of weapons of mass destruction
Military or defense applications without appropriate licenses
Nuclear, chemical, or biological weapons programs
Missile technology development
Any purpose prohibited under export control regulations.

Compliance Responsibility: You are solely responsible for determining whether your use complies with export control laws and obtaining any necessary licenses or authorizations.

Violation Consequences: Violation of export control laws may result in immediate termination, reporting to authorities, and legal action.

19. International Use and Compliance

Global Accessibility: While our Services may be accessible from countries outside India, we make no representation that the Services are appropriate or available for use in all locations.

Your Responsibility: If you access the Services from outside India, you do so at your own risk and are responsible for:

Compliance with local laws in your jurisdiction
Determining whether use of Services is lawful in your country
Obtaining any necessary government approvals or licenses
Complying with data localization requirements
Paying applicable taxes and duties
Currency conversion and international payment processing.

Prohibited Jurisdictions: Services may not be available or may be restricted in certain countries due to legal restrictions, sanctions, or technical limitations.

Indian Law Prevails: Regardless of where you access the Services, Indian law and Kolkata, West Bengal jurisdiction apply as set forth in Section 79.

20. Informal Negotiation Requirement

Mandatory Informal Negotiation: Before filing any claim or lawsuit, you must first attempt informal negotiation by:

Notice Requirements:

Send written notice to: legal@debmediaenterprise.com
Include your name, contact information and order ID
Describe the dispute in detail with supporting facts
Specify the relief or resolution sought
Provide evidence or documentation supporting your claim.

Good Faith Negotiation:

Both parties will engage in good faith discussions for at least 30 days
Each party will make reasonable efforts to resolve the dispute
Senior representatives with settlement authority will participate
Discussions will be conducted in a professional and respectful manner.

Tolling of Limitations: The statute of limitations and any filing deadlines will be tolled during the informal negotiation period.

Proceeding to Court: If informal negotiation does not resolve the dispute within 60 days, either party may proceed to court as provided in these Terms.

21. Jurisdiction and Governing Law

GOVERNING LAW: These Terms shall be governed by and interpreted in accordance with the laws of India, without regard to conflict of law principles.

EXCLUSIVE JURISDICTION:

All disputes, claims, or legal proceedings arising out of or in connection with these Terms, our Services, or any business relationship with Debmedia Technologies LLP shall be subject to the exclusive jurisdiction of the competent courts located in Kolkata – 700011, West Bengal, India.

Users and buyers expressly agree that they shall not initiate or pursue any legal action, claim, or proceeding in any other jurisdiction, country, state, or forum, whether domestic or international.

This exclusive jurisdiction applies regardless of where you are located or where you access the Services from.

VENUE FOR ALL PROCEEDINGS:

In the event that any physical appearance, legal hearing, mediation, arbitration, deposition, or official proceeding is required, the same shall take place exclusively within the territorial jurisdiction of Kolkata – 700011, West Bengal, India.

No proceedings may be held in any other location without the express written consent of both parties.

Virtual/remote proceedings may be conducted by agreement, but the legal venue remains Kolkata, West Bengal.

WAIVER OF JURISDICTION CHALLENGES:

By accepting these Terms, you irrevocably waive any objection to the jurisdiction of courts in Kolkata – 700011, West Bengal, India
You waive any claim that such courts are an inconvenient forum
You waive any claim that you lack sufficient contacts with West Bengal, India
You consent to personal jurisdiction in Kolkata, West Bengal for all matters
You agree not to challenge venue or jurisdiction on any grounds.

NO FOREIGN LAWSUITS:

International buyers expressly agree that any disputes will be resolved only in India
No lawsuits may be filed in your home country or any other jurisdiction
Foreign judgments against the Company will not be recognized or enforceable unless first submitted to courts in Kolkata, West Bengal
The Company will not submit to jurisdiction of any foreign courts.

ENFORCEMENT OF JUDGMENTS:

Any judgment from courts in Kolkata, West Bengal may be enforced in any jurisdiction where the Company or you have assets
You consent to enforcement of Indian court judgments in your jurisdiction
Courts in Kolkata, West Bengal have exclusive authority to interpret these Terms.

INDIAN LAW APPLIES:

Indian substantive and procedural law applies to all aspects of these Terms
Indian law governs contract formation, performance, breach, and remedies
Indian limitation periods and statutes of limitations apply
Indian evidence rules and civil procedure apply to any proceedings
No foreign law or international conventions apply unless expressly incorporated.

LANGUAGE OF PROCEEDINGS: All legal proceedings, arbitrations, mediations, and court hearings shall be conducted in the English language.

ESSENTIAL TERM: This jurisdiction and governing law clause is an essential, non-negotiable element of these Terms. The Services are offered only on the condition that you accept exclusive Indian jurisdiction.

22. Severability

Invalid Provisions: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be:

Reformed to the minimum extent necessary to make it enforceable while preserving the parties' intent
If reformation is not possible, severed from these Terms
Replaced with a valid provision that most closely reflects the original intent.

Remaining Terms Valid: The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision. All remaining provisions shall continue in full force and effect.

Essential Provisions: If any essential provision (such as limitation of liability, warranty disclaimer, or jurisdiction clause) is held invalid, either party may elect to terminate these Terms.

23. Waiver

No Waiver by Failure to Enforce: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Waiver Requirements: Any waiver must be:

In writing and signed by an authorized representative of the Company
Specific to the particular right or provision being waived
Limited to the specific instance and not a continuing waiver
Not construed as a waiver of any other rights or future breaches.

No Course of Dealing: No course of dealing or performance shall operate as a waiver of any provision of these Terms.

Cumulative Rights: All rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies.

24. Entire Agreement

Complete Agreement: These Terms, together with our Privacy Policy and any other agreements explicitly incorporated by reference (such as service-specific agreements, statements of work, or proposals), constitute the entire agreement between you and Debmedia Technologies LLP regarding the Services.

Supersedes Prior Agreements: These Terms supersede all prior or contemporaneous:

Negotiations, discussions, or understandings
Proposals or quotes (except signed SOWs)
Oral or written communications
Prior versions of these Terms
Any conflicting terms in purchase orders or similar documents.

No Reliance on External Representations: You acknowledge that you have not relied on any representations, warranties, or agreements not expressly set forth in these Terms.

Amendments: These Terms may only be amended as provided in Section 4 (by Company posting updated version) or by written agreement signed by both parties.

Order of Precedence: In case of conflict between documents:

These Terms and Conditions
Privacy Policy and other referenced policies
General website content or marketing materials (lowest priority).

25. Electronic Communications

Consent to Electronic Communications: By using our Services, you consent to receive communications from us electronically, including:

Email to your registered email address
Posted notices on our website
Messages through the Services platform.

Legal Effect: You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

Record Keeping: You should maintain copies of all electronic communications for your records. We are not obligated to maintain records of communications beyond legally required periods.

26. Consumer Protection Rights

Consumer Rights: If you are a consumer (individual purchasing for personal use) in India, you have certain rights under the Consumer Protection Act, 2019:

Right to be protected against unfair trade practices
Right to seek redressal against unfair contracts
Right to consumer education and information
Right to be heard and assured of attention to concerns
Right to seek compensation for deficiency in services.

Consumer Forums: Indian consumers may approach consumer forums (District, State, or National Consumer Disputes Redressal Commissions) for disputes, subject to monetary limits.

Business Buyers: If you are a business entity, these consumer protection rights may not apply. Your rights are governed by these Terms and applicable commercial laws.

Nothing in these Terms: limits your statutory consumer rights under mandatory Indian consumer protection laws.

27. Contact

Operator: Debmedia Technologies LLP (trading as FunnelProfitX)
Registered address: 117/4 Vivekananda Road, Kolkata – 700011, West Bengal, India
Product support: use the Support page of this website
Legal and privacy matters: legal@debmediaenterprise.com
General enquiries: debmedia@gmail.com