PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, ANTI-DISCRIMINATION POLICY, AND SOCIAL MEDIA DISCLAIMER (COLLECTIVELY, THE “TERMS”), FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND HABO VENTURES INC. (DOING BUSINESS AS TDMFUNNELS) (“TDMFUNNELS,” “WE,” “US,” OR “OUR”) AND GOVERN YOUR ACCESS TO AND USE OF OUR WEBSITES, APPLICATIONS, SOFTWARE, AND SERVICES (COLLECTIVELY, THE “PLATFORM”).
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM.

1. WHO WE ARE
   These Terms are between you and HABO Ventures Inc., doing business as TDMFunnels. Our support email is [email protected].

2. ACCEPTANCE AND ELIGIBILITY
   2.1 Acceptance. By clicking “I Agree,” creating an account, or using the Platform, you agree to these Terms.
   2.2 Eligibility. You must be at least 18 years old to create an account or use the Platform.
   2.3 Authority. If you accept these Terms on behalf of a company or other entity, you represent you have authority to bind that entity. In that case, “you” refers to that entity.

3. CHANGES TO THESE TERMS
   We may update these Terms at any time by posting an updated version. Changes are effective when posted. Your continued use of the Platform after changes are posted means you accept the updated Terms.

4. ACCOUNT REGISTRATION AND SECURITY
   4.1 Account Information. You agree to provide complete, current, and accurate information and keep it updated.
   4.2 Credentials. You are responsible for keeping your login credentials secure. You are responsible for all activity under your account, whether authorized or not. Notify us immediately if you suspect unauthorized access.
   4.3 Non-Transferable. Accounts are non-transferable. We may suspend or disable access for security reasons or if we believe you violated these Terms.

5. INTENDED USE AND YOUR RESPONSIBILITIES
   5.1 Business Use. The Platform is intended for business use or use in connection with your trade, craft, or profession.
   5.2 Compliance. You may use the Platform only for lawful purposes and in accordance with these Terms. You are responsible for your use of the Platform and for the actions of your employees, contractors, agents, customers, and end users who access the Platform through you.
   5.3 Permissions. You represent and warrant that you have and will maintain all licenses, permissions, consents, approvals, and authorizations needed to operate your business and use the Platform.
   5.4 Your Customer Policies. If you provide your customers access to any part of the Platform, you are responsible for implementing and enforcing your own terms and privacy policy (as required by law) and obtaining any required consents from your customers and contacts.

6. COMMUNICATIONS FEATURES (SMS, MMS, EMAIL, CALLING)
   6.1 You Control Communications. The Platform may include communications tools (SMS, MMS, email, voice calling, and related features). You control message content, recipients, consent, timing, and sending behavior.
   6.2 Legal Compliance. You are solely responsible for ensuring your communications comply with all applicable laws, regulations, and rules, including (as applicable) the Telephone Consumer Protection Act (TCPA), CAN-SPAM, carrier requirements, opt-in and opt-out rules, and privacy laws.
   6.3 We Are Not the Sender. TDMFunnels is a software and technology platform provider. We do not originate your messages and do not control your communications.

7. PROHIBITED USES
   You agree not to, and not to allow others to:
   (a) use the Platform in any way that violates any law or regulation;
   (b) send or facilitate unlawful advertising or promotional material, including spam;
   (c) impersonate TDMFunnels, our employees, other users, or any other person or entity;
   (d) attempt to gain unauthorized access to the Platform, accounts, servers, or networks;
   (e) interfere with the proper working of the Platform, including introducing malware or harmful code;
   (f) use automated means (robots, spiders, scrapers) to access or copy the Platform without our prior written permission;
   (g) overload, disable, damage, or impair the Platform or interfere with others’ use;
   (h) engage in conduct that harms users, TDMFunnels, or exposes either to liability.

8. THIRD-PARTY SERVICES AND THIRD-PARTY CONTENT
   8.1 Third-Party Services. The Platform may rely on or integrate with third-party services. We do not control third-party services and are not responsible for their performance, outages, interruptions, or changes.
   8.2 Numbers and Deliverability. If you pause, delete, or fail to pay for your account, certain third-party resources (including phone numbers) may be released and may not be recoverable later.
   8.3 Third-Party Content. Any third-party content is provided by the third party. Your use of third-party content is at your own risk.

9. PRIVACY AND DATA
   9.1 Privacy Policy. Your use of the Platform is subject to our Privacy Policy.
   9.2 Your Data Responsibilities. If you collect, store, or process personal data using the Platform, you represent and warrant that you provide required notices and obtain all required consents, including for marketing communications, and that you have the right to provide that data to us and our service providers for Platform operation.

10. FEES, BILLING, USAGE, AND TAXES
    10.1 Fees. You agree to pay all fees associated with your subscription and any add-ons you purchase. Fees are billed to the payment method on file and may be billed in advance.
    10.2 Usage and Surcharges. Your plan may include usage allowances (including for texting, email, and calling). Additional usage may incur extra charges at then-current rates disclosed to you.
    10.3 No Refunds. Except where required by law or expressly agreed by us in writing, all fees are nonrefundable and we do not provide credits for partial periods, unused time, or failure to properly cancel.
    10.4 Taxes. You are responsible for all taxes associated with your purchases and your transactions with your customers.
    10.5 Disputes. You must notify us in writing within 60 days of a charge you want to dispute. You remain responsible for undisputed amounts while the dispute is pending.

11. RESELLING AND MINIMUM ADVERTISED PRICE (IF APPLICABLE)
    If you are authorized in writing by TDMFunnels to resell access to the Platform or a customized version of the Platform, you must comply with our minimum advertised price rules. You may not advertise access to the Platform for an effective price lower than the then-current standard price posted by TDMFunnels (or otherwise provided by TDMFunnels in writing), unless prohibited by law or approved by us in writing.
    Resellers may not represent themselves as TDMFunnels employees or imply they are TDMFunnels. We may suspend or revoke resale authorization at any time.

12. INTELLECTUAL PROPERTY
    12.1 Our IP. The Platform and all related software, content, and materials (excluding User Content) are owned by TDMFunnels or our licensors and are protected by intellectual property laws.
    12.2 License. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform during your subscription, subject to these Terms.
    12.3 Your Branding and Customizations. If you add branding elements or custom code, you are responsible for ensuring you have rights to use them and that they do not infringe third-party rights.

13. USER CONTENT AND FEEDBACK
    13.1 User Content. You retain ownership of content you upload or submit (“User Content”). You grant TDMFunnels and our service providers a worldwide license to host, process, transmit, display, and use User Content to operate, maintain, and improve the Platform and provide services to you.
    13.2 Removal. We may remove User Content that violates these Terms or applicable law.
    13.3 Feedback. If you provide suggestions or ideas, you grant us the right to use them without obligation or compensation.

14. COPYRIGHT AND DMCA
    If you believe content on the Platform infringes your copyright, email [email protected] with the subject line “DMCA Takedown Request” and include:
    (a) your physical or electronic signature;
    (b) a description of the copyrighted work you claim was infringed;
    (c) a description of the material and where it is located on the Platform;
    (d) your address, telephone number, and email address;
    (e) a statement you have a good-faith belief the use is not authorized; and
    (f) a statement under penalty of perjury that your notice is accurate and you are the owner or authorized to act on the owner’s behalf.
    DMCA Agent Mailing Address: [INSERT YOUR PHYSICAL MAILING ADDRESS]

15. DISCLAIMERS
    THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

16. LIMITATION OF LIABILITY
    TO THE MAXIMUM EXTENT PERMITTED BY LAW:
    (a) OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PLATFORM IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; AND
    (b) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

17. INDEMNIFICATION
    You agree to defend, indemnify, and hold harmless TDMFunnels and its officers, directors, employees, agents, and affiliates from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
    (a) your use of the Platform (including by your employees, agents, customers, or end users);
    (b) your communications sent using the Platform (SMS, email, calls) and your consent practices;
    (c) your breach of these Terms;
    (d) your User Content;
    (e) your violation of any law or regulation; and
    (f) disputes between you and your customers or end users.

18. TIME LIMIT TO FILE CLAIMS
    ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE FILED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE CLAIM, OR IT IS PERMANENTLY BARRED.

19. INJUNCTIVE RELIEF
    You agree that a breach of these Terms may cause irreparable harm and that we may seek injunctive or equitable relief without posting bond.

20. TERM AND TERMINATION
    20.1 Term. These Terms remain in effect while you maintain an account.
    20.2 Termination by Us. We may suspend or terminate your access at any time, with or without notice, for any reason, including suspected fraud, abuse, or illegal activity.
    20.3 Termination by You. To cancel or change services, you must follow the cancellation instructions we provide or provide written notice at least 30 days before your next billing date.
    20.4 Survival. Provisions that by their nature should survive termination will survive, including fees owed, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

21. GOVERNING LAW, ARBITRATION, AND CLASS ACTION WAIVER
    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
    21.1 Governing Law. These Terms are governed by the laws of the State of Texas, excluding conflict-of-law rules.
    21.2 Arbitration. Any dispute arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be held in Dallas, Texas and will be governed by the Federal Arbitration Act.
    21.3 Class Action Waiver. You and TDMFunnels agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

22. NOTICES AND CONTACT
    Notices to TDMFunnels must be sent to [email protected]. We may notify you via the email address associated with your account or other contact information you provide.

23. MISCELLANEOUS
    23.1 Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.
    23.2 Waiver. Our failure to enforce any provision is not a waiver.
    23.3 Assignment. We may assign these Terms. You may not assign these Terms without our prior written consent.
    23.4 Entire Agreement. These Terms and the policies incorporated by reference are the entire agreement unless superseded by a signed written agreement between you and TDMFunnels.