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Terms of Use

Effective May 1, 2026

These Terms of Use ("Terms") govern your access to and use of OrganicTrafficFunnel.com (the "Site") and all services provided by 36 WebSolutions LLC, a Florida limited liability company (doing business as Organic Traffic Funnel, "OTF," "we," "us," or "our").

By accessing, using, or purchasing from the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.

By accessing, using, or purchasing from the Site or any services provided by OTF, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use in their entirety.

1. Binding Agreement

These Terms constitute a legally binding agreement between you and OTF.

2. Eligibility

You must be at least 18 years old and legally capable of entering into binding agreements.

3. Nature of Services

OTF provides social media marketing, content clipping, content distribution, and organic traffic services.

You acknowledge:

  • OTF does not control third-party platforms (including but not limited to TikTok, Instagram, and YouTube)
  • Performance depends on platform algorithms, timing, and external factors
  • OTF is not affiliated with any third-party platform

4. Performance Disclaimer & No Reliance

To the maximum extent permitted by law:

  • Any references to "guaranteed views" refer solely to internal service output targets
  • OTF does not guarantee revenue, followers, conversions, or business outcomes
  • Results vary based on content, niche, timing, and platform behavior
  • Platform changes may materially impact performance at any time

You acknowledge that you have not relied on any representations, statements, or guarantees outside of these Terms.

5. Client Responsibilities

You agree that:

  • You own or have full legal rights to all submitted content
  • Your content does not violate any law, intellectual property right, or platform policy
  • You are solely responsible for your brand, messaging, and compliance
  • You assume all risks associated with publishing and distributing your content

6. Intellectual Property, Confidentiality & Work Product

a. Ownership of OTF Intellectual Property

All content, systems, strategies, methods, workflows, software, tools, distribution frameworks, account structures, posting strategies, analytics systems, templates, and all related materials (collectively, "OTF IP") are and shall remain the exclusive property of OTF.

b. Confidential Information

You acknowledge that any information, observations, data, strategies, processes, pricing, systems, methods, or materials obtained through your use of the Site or services ("Confidential Information") are proprietary to OTF.

You agree:

  • Not to disclose Confidential Information to any third party
  • Not to use Confidential Information for any purpose outside your relationship with OTF
  • Not to exploit such information for competitive purposes

Confidential Information does not include information that:

  • Becomes publicly available through no fault of yours
  • Was lawfully known prior to disclosure
  • Is independently developed without use of OTF information

If disclosure is required by law, you must provide prompt notice to OTF to allow protective action.

c. Work Product

To the extent any materials, content, strategies, modifications, improvements, or derivative works are created in connection with your use of OTF services ("Work Product"), such Work Product shall be deemed "work made for hire" to the fullest extent permitted by law.

To the extent any Work Product does not qualify as work made for hire, you hereby irrevocably assign to OTF all right, title, and interest in and to such Work Product, including all intellectual property rights therein, without additional compensation.

d. Restrictions

You agree that you will not, directly or indirectly:

  • Copy, reproduce, replicate, or reverse engineer any OTF IP
  • Attempt to recreate or derive any systems or methods used by OTF
  • Use OTF services or knowledge gained to build or compete with a similar service
  • Share, disclose, sell, or distribute OTF systems, strategies, or Confidential Information

e. Injunctive Relief

You acknowledge that any unauthorized use or disclosure of OTF IP, Confidential Information, or Work Product would cause irreparable harm for which monetary damages would be inadequate.

Accordingly, OTF shall be entitled to injunctive relief, without the requirement of posting a bond, in addition to any other remedies available at law or in equity.

7. Content License

You grant OTF a non-exclusive, worldwide, royalty-free, perpetual license to:

  • Edit, reproduce, distribute, and publish your content
  • Use your content for marketing, promotional, and case study purposes

8. Payments & No Refund Policy

  • All services are billed in advance
  • All payments are non-refundable unless explicitly agreed in writing
  • Subscription services renew automatically unless canceled prior to billing
  • OTF reserves the right to modify pricing with notice

9. Platform Risk

You acknowledge:

  • OTF is not responsible for account bans, shadowbans, or enforcement actions
  • Platforms may restrict, remove, or limit content at any time
  • You assume all risks associated with platform usage

10. Disclaimer of Warranties

ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

a. Limitation of Damages

IN NO EVENT SHALL OTF BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS
  • LOSS OF REVENUE
  • LOSS OF BUSINESS OPPORTUNITY
  • LOSS OF DATA
  • LOSS OF GOODWILL
  • PLATFORM ACCOUNT SUSPENSIONS, TERMINATIONS, OR RESTRICTIONS

THE LIMITATIONS SET FORTH IN THIS SECTION APPLY:

  • (i) TO BREACH OF CONTRACT
  • (ii) TO BREACH OF WARRANTY
  • (iii) TO NEGLIGENCE
  • (iv) TO STRICT LIABILITY
  • (v) TO ANY OTHER LEGAL OR EQUITABLE THEORY

WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

b. Cap on Liability

ANY DAMAGES AWARDED ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO OTF DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IF LESS THAN TWELVE (12) MONTHS OF PAYMENTS HAVE BEEN MADE, LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID.

c. Maximum Extent

IF APPLICABLE LAW LIMITS THE APPLICATION OF THIS SECTION, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

d. Exception

THIS SECTION DOES NOT APPLY TO OBLIGATIONS ARISING UNDER INDEMNIFICATION.

12. Indemnification

You agree to indemnify, defend, and hold harmless OTF, its affiliates, officers, directors, employees, agents, contractors, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification, arising out of or related to:

  • Your use of the Site or services
  • Your content
  • Your violation of these Terms
  • Your violation of any applicable law, regulation, or platform policy

OTF agrees to indemnify you solely for third-party claims directly arising from OTF's willful misconduct or knowing violation of law.

This indemnification shall survive termination of these Terms.

13. Force Majeure

OTF shall not be liable for any delay or failure resulting from causes beyond its reasonable control.

14. Binding Arbitration

Any dispute arising out of or relating to these Terms shall be resolved exclusively through binding arbitration under the Federal Arbitration Act.

  • You waive any right to a jury trial
  • You agree not to participate in any class or representative action
  • Arbitration shall be conducted by JAMS
  • A single neutral arbitrator shall decide the dispute

Arbitration shall take place in Florida or be conducted virtually.

Either party may seek injunctive relief in court for intellectual property or confidentiality violations.

15. Governing Law

These Terms are governed by the laws of the State of Florida.

16. Termination

OTF may suspend or terminate access at any time, for any reason.

17. Assignment

You may not assign or transfer any rights or obligations under these Terms without the prior written consent of OTF.

OTF may assign, transfer, or delegate these Terms and any of its rights or obligations hereunder, in whole or in part, without restriction and without notice, including but not limited to:

  • In connection with a merger, acquisition, or sale of assets
  • To an affiliate, parent company, or subsidiary
  • As part of a corporate restructuring

These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

18. Entire Agreement

These Terms constitute the entire agreement between you and OTF.

19. Severability

If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

20. No Waiver

Failure to enforce any provision shall not constitute a waiver.

21. Contact

36 WebSolutions LLC (DBA Organic Traffic Funnel)
Email: 36websolutions@gmail.com

Terms of Use · OTF