Build Day

Build Day Terms of Service

Service-Specific Terms under the Terms of Service · Version 2.3 · Effective Date: September 26, 2026

These terms cover your Funnel Fuse Build Day. They add to our Terms of Service, which also apply to your purchase. We wrote them in plain English so they're easy to follow.

1. About these terms

These Build Day Terms of Service (the "Build Day Terms") are Service-Specific Terms under the Funnel Fuse Terms of Service (the "General Terms"). They are an agreement between Funnel Fuse, LLC, an Arizona limited liability company ("Funnel Fuse," "we," "us"), and the person or organization buying a Build Day ("you").

The General Terms apply to your Build Day. These Build Day Terms add the details specific to this service. If the two conflict on anything to do with your Build Day, these Build Day Terms control, as the General Terms' order of precedence provides. Section 36 lists the areas where these terms replace the General Terms.

You accept these Build Day Terms and the General Terms as described in Section 35. The plain-terms summary at the top of this page is for convenience only. The full terms below are the binding version.

2. Definitions

These words have the following meanings in these Build Day Terms:

• Build Day means the reserved, intensive professional-services engagement described in these terms, scheduled for one calendar day.
• Build Day Fee means the amount you pay for your Build Day.
• Team Capacity means time worked by Funnel Fuse's team, which may include employees, contractors, subcontractors, vendors and AI-assisted workflows. Team Capacity is not necessarily time worked personally by Malia Burcham.
• System means one agreed funnel and the related implementation that we can reasonably produce during your Build Day, as described in Section 5.
• Page has the meaning in Section 5.
• Context Brief means the written brief you submit before your Build Day, as described in Section 6.
• Live Session means the live onboarding and strategy session at the start of your Build Day.
• Approved Strategy means your Context Brief plus any changes agreed during the recorded Live Session, as confirmed under Section 7.
• Scope Confirmation means any written or recorded recap of the Approved Strategy that we send you.
• Delivery has the meaning in Section 12.
• Revision Period means the 7 calendar days following Delivery or, where Section 10 or Section 11 moves it, following your replacement or completion session.
• Support Period means the 30-day period described in Section 18.
• Defect, Revision, New Scope and Technical Support have the meanings in Section 14.
• Qualifying Emergency has the meaning in Section 11.
• Satisfaction Guarantee and Remediation Process Complete have the meanings in Section 22.
• Scheduled Start Time means the date and time your Build Day is currently booked to start, in Arizona time.
• Arizona time means Mountain Standard Time (UTC-7). Arizona does not observe daylight saving time, so this applies all year.
• Business Day means Monday through Friday, excluding U.S. federal holidays.
• Any period of days in these terms ends at 11:59 pm Arizona time on its last day.

3. Business use

You confirm that you are buying your Build Day primarily for a business, organization, event, commercial project, nonprofit, charity or promotional purpose, and not primarily for personal, family or household use. If you are buying on behalf of an organization, you confirm you are authorized to accept these terms for it.

4. What a Build Day is

A Build Day is a reserved engagement. When you book, we block a full production day for your project, set aside about 8 hours of Team Capacity for it, and turn away other paid work for that day. We usually cannot fill a Build Day with another client at short notice.

The Build Day Fee covers that reserved production capacity and the work done with it, including strategy, design, copywriting, automation setup, implementation, AI-assisted production, quality checks, the included revision time and the Support Period. You are paying for this engagement as a whole, not for a fixed number of finished items.

Work outside a Build Day is billed separately at $250 per hour, as described in Section 21.

5. Your System: what's included and how it's counted

5.1 What a System can include

Depending on your Approved Strategy, your System may include funnel pages; email copy and installation; ClickFunnels automations, workflows and tags; confirmation, pre-launch and follow-up sequences; basic tracking setup; a campaign or launch plan; team and delegation recommendations where relevant; graphic mockups; testing of the core funnel path; a recorded walkthrough; and delivery by email.

5.2 Minimum and maximum quantities

Provided you submit a reasonably complete Context Brief on time and give us the access, information, accounts, assets and materials reasonably needed to do the work, every Build Day includes at least 2 Pages and at least 5 emails. If something within your control prevents us from producing those minimums, such as a missing or late Context Brief, missing access, assets or information, client-controlled accounts that aren't set up, unavailable checkout or payment details, or a technical delay on your side, the minimum is reduced only to the extent reasonably caused by that circumstance. This does not excuse any shortfall caused by us.

The most a single Build Day can include is:

• up to 5 Pages;
• up to 30 emails, which covers both writing and installation;
• up to 10 graphic mockups, based on images and source material you supply or choose.

These maximums are capacity limits, not promised quantities. A Build Day does not automatically include 5 Pages, 30 emails and 10 mockups. What you actually receive above the minimums depends on the complexity of your System, the Approved Strategy, your assets, technical requirements, the production time available, third-party limitations, how quickly you respond, and what is reasonably needed for your System.

SMS and text messages are not included and do not count toward the email limit, unless we add them to your scope in writing.

5.3 What counts as a Page

One Page is one landing page, funnel page or comparable page built inside ClickFunnels. Each unique page counts as one Page. A variant that is materially redesigned counts as another Page. A duplicate or clone used for testing, routing or minor implementation is not a new Page unless it is materially reworked.

5.4 How we write emails and copy

We may use AI, templates, frameworks, prior internal structures, prompt systems, our own methods and your source material to write your emails and copy. Everything we deliver is customized for you and reviewed by our team, but not every email is written from a blank page.

5.5 Larger projects

A full website, a course, a community, an app, a second funnel or anything else outside your System is not part of a Build Day and is quoted separately. See Section 20.

6. Your Context Brief and responsibilities

6.1 The Context Brief

You agree to submit a complete Context Brief through our Get Ready page at least 48 hours before your Scheduled Start Time. It should include what we ask for, which may include your offer, pricing, target audience, positioning, business model, existing funnel, launch plans, brand assets, source images, copy, links, software access, links to your legal pages, payment and checkout details, and required integrations.

By submitting your Context Brief, you confirm that the information is accurate; that your offer, pricing, positioning and any copy or claims you supply are approved; that you are authorized to let us use the assets you provide; and that we may rely on the brief to build your System if you are unavailable.

6.2 What you provide

• An active ClickFunnels account, with Malia Burcham (malia@funnelfuse.com) added as a collaborator using her first and last name, and access to any other software we need;
• Completion of our ClickFunnels 101 prep course, which we give you access to after you book, so your account is set up and ready to build in. Prep course access is provided for Build Day preparation and is not membership in a paid program;
• Your brand assets and source images;
• Domain and DNS access where needed, and your email-sending details;
• Working links to your privacy policy, terms and other legal pages. Build Days don't include writing legal pages;
• Your payment processor setup, accurate pricing, and product and fulfillment information;
• One authorized point of contact who makes decisions for you.

6.3 Prep deadline

Your Context Brief, ClickFunnels 101 and collaborator access are due at least 48 hours before your Scheduled Start Time (the "Prep Deadline"). If anything is missing at the Prep Deadline, we will remind you in writing. If it is still missing 24 hours before your Scheduled Start Time, we may move your Build Day to a new date. That move uses your one free reschedule under Section 9.2. If you have already used it, we may instead go ahead on your scheduled day with what you have provided, and Section 5.2 applies. Moving your Build Day this way does not restore a cancellation right that had already ended.

6.4 What you are responsible for

You are responsible for having the rights to the assets you provide; the legal accuracy of your offer and claims; your own compliance obligations; your payment processors, merchant accounts and taxes; your software subscriptions; delivering your products and services; and the final factual accuracy of your business claims.

Please download and keep copies of what we deliver. We may delete working files and restorable project assets beginning 30 days after your Support Period ends, and we have no obligation to store or restore them after that date. Please download your deliverables promptly. Other records, such as agreements, payment records and session recordings, are kept as described in our Privacy Policy.

Delays caused by missing access, assets or information may reduce what we can complete during your Build Day and are not grounds for a refund.

7. How your Build Day works

7.1 The Live Session

Build Days start at 9:00 am Arizona time. Your Build Day starts with a Live Session of up to 2 hours. In it we confirm access, onboard you, discuss strategy and confirm scope. You can change or clarify your Context Brief during this session.

7.2 Your go-ahead

At the end of the strategy discussion we will ask you a question substantially like: "Are you ready for us to build based on the strategy we've just confirmed?" A yes, or an equivalent go-ahead, approves the strategy, which then becomes the Approved Strategy, and we begin building.

We may also send a written Scope Confirmation. If you don't promptly object to it in writing, it controls over any different later recollection of what was agreed.

Earlier conversations, sales calls, social media messages, direct messages and brainstorming do not add to your scope unless they are included in the Approved Strategy or a Scope Confirmation.

7.3 The build

After the Live Session, our team builds your System using the reserved Team Capacity.

7.4 Delivery target

We aim to deliver the substantial part of your Build Day work by about 5:00 pm Arizona time on your Build Day. If we need more time, we may continue working until about 9:00 pm Arizona time that day. These are targets, not guaranteed deadlines, and time is not of the essence. If technical difficulties or events described in Section 32 get in the way, we may extend delivery by up to 3 Business Days at no extra charge. Where it is reasonably necessary to finish the Approved Strategy, we may complete minor remaining items within the 3 Business Days described above, or a longer period you agree to in writing. Delays covered by Section 32 are handled as described there.

7.5 Business hours

Our business hours are Monday through Friday, generally 9:00 am to 5:00 pm Arizona time, excluding U.S. federal holidays. The Build Day itself runs from 9:00 am and may continue past normal hours, to about 9:00 pm Arizona time.

8. Recording and transcription

By purchasing or participating in a Build Day, you agree that Funnel Fuse may record and transcribe your Live Session, any replacement or completion session, and your support call, for project documentation, quality control, scope confirmation, training of your assigned project team, dispute resolution and other purposes described in these Build Day Terms and our Privacy Policy. You are responsible for informing any additional participant you invite that the session may be recorded. Funnel Fuse may also provide a verbal or on-screen recording notice when reasonably practical. If applicable law requires consent or notice beyond what is provided here, Funnel Fuse will follow that requirement. For Build Day sessions, this section controls over the General Terms' provision on recording group programs and events.

If a recording system fails, we may rely on a backup recording, a transcript, notes, a recap video or a written Scope Confirmation. If every recording and transcription system fails, we will create a recap video or written recap of the strategy and scope and send it to you.

9. Cancellation, rescheduling and late arrivals

9.1 Cancel for a full refund

You may cancel your Build Day for any reason and receive a 100% refund of the Build Day Fee if we receive your written cancellation notice at least 48 hours before your Scheduled Start Time. The deadline is counted back from your Scheduled Start Time in Arizona time. For example, if your Build Day starts Wednesday at 9:00 am, the cancellation deadline is Monday at 9:00 am.

Send your notice as described in Section 36. No special wording is needed: a clear written request to cancel is enough. This is Funnel Fuse's own contractual cancellation policy, not a statutory cooling-off period, and it does not limit any right you have that the law does not allow to be waived.

9.2 Rescheduling with notice

You may reschedule your Build Day once at no charge if you give us at least 24 hours' written notice before your Scheduled Start Time. The new date depends on our availability. Any further reschedule costs $297 and also needs at least 24 hours' written notice. Rescheduling does not restore a cancellation right that had already ended: if you reschedule less than 48 hours before your Scheduled Start Time, you cannot later cancel that Build Day for a refund under Section 9.1.

9.3 How the timing works

• 48 hours or more before your Scheduled Start Time: you may cancel for a 100% refund, or reschedule under Section 9.2.
• From 24 hours to less than 48 hours before: the 100% cancellation right has ended, but you may still use your one free reschedule if its conditions are met.
• Less than 24 hours before: the cancellation right and the free reschedule have both ended. Section 11, Section 9.4 and Section 10 apply as relevant.

Cancelling inside 48 hours does not mean we keep your fee and do nothing. If you don't attend your Live Session, we still build and deliver your System under Section 10.

9.4 Running late

If you join within 30 minutes of your Scheduled Start Time, we continue with your Live Session, but it still ends at its originally scheduled time unless we choose to extend it. If you join more than 30 minutes late, we may treat the Live Session as missed, and Section 10 applies, unless Section 11 applies.

10. If you miss your Live Session

This section applies if you miss the Live Session without rescheduling under Section 9, or if you join more than 30 minutes late and we treat the Live Session as missed, and in either case no Qualifying Emergency applies. It works differently from the Satisfaction Guarantee in Section 22, because we still do substantial work on your reserved day even when you can't attend.

10.1 We still build

If you miss your session, we still build and deliver your System. We use your reserved Build Day and about 8 hours of Team Capacity to build your customized System from your Context Brief and anything else you've given us, and we deliver the work created that day under Section 12. Because you weren't there live, the System may include decisions we made reasonably from your Context Brief, and it may need your input before it can be fully finalized.

10.2 Your choice: continue or exit

After Delivery, you choose one of two paths:

1. Option 1: Continue and complete your Build Day ($297). Choosing this path is your "Continue election." You pay a $297 replacement-session fee and get a replacement Live Session of up to 2 hours, scheduled on our availability. In it we review what we built, confirm or adjust your strategy, settle decisions that needed you, take your feedback, and set the direction for your included revision work. You then continue through the normal Build Day process and receive the rest of your benefits: 7 days of revisions, the 30-day Support Period with up to 2 hours of support work and one support call, and the performance report where applicable. The replacement session must be held within 30 calendar days after your Continue election, unless we agree in writing to extend that deadline. If it isn't held by then because of your scheduling, availability, failure to respond or another reason on your side, our obligation to provide the replacement session expires, your Build Day is treated as complete on that date, and that date is Remediation Process Complete for the Satisfaction Guarantee. If we cause the delay, the deadline does not expire against you, and we'll offer another time. If we are responsible for your paid replacement session ultimately not being provided, we refund the $297. Your Revision Period and Support Period start from the replacement session. The Satisfaction Guarantee in Section 22 applies to you on this path. The $297 covers the additional block of live team time we reserve on another day after already reserving and working your original Build Day. It is separate from the Build Day Fee, is not included when calculating any Satisfaction Guarantee refund, and is non-refundable once your replacement session is held.
2. Option 2: Exit with a 50% refund. You expressly decline the remaining individualized Build Day services, and we refund exactly 50% of the Build Day Fee you paid. You keep all the customized work we produced and delivered, and the right to use it under Section 26. You don't have to delete, return or give up any of the work. The individualized services you decline are the replacement Live Session, the 7 days of revisions, the 30-day Support Period and its 2 hours of support work, the support call, individualized split testing, the performance report, and any further individualized completion or optimization work.

10.3 One path, not both

Option 2 is an immediate exit. It is not available after you have used the services that come with Option 1. Once you choose Option 1 and your replacement session is held, Option 2 is no longer available, and the Satisfaction Guarantee protects you instead.

When we deliver, we send you a written notice explaining both paths, and at least one reminder before the deadline. Please tell us your choice in writing within 7 days of Delivery.

If you don't choose within 7 days, the Option 2 exit refund ends, the remaining individualized services are no longer automatically owed, and your Build Day may be treated as complete. You keep the delivered work. At our discretion and subject to availability, we may still let you pay $297 later and resume some or all of the completion process. If we do, we will confirm in writing which benefits, hours, deadlines and guarantee rights apply. We are not obliged to reopen a completed Build Day.

10.4 What the retained portion covers

When you choose Option 2, the 50% of the Build Day Fee that we keep covers the production day we exclusively reserved for you, the other paid work we turned away and could not reasonably replace at the last minute, the Team Capacity we actually used, the customized work we performed from your Context Brief, and the delivery of that work to you. We nevertheless offer the Option 2 exit so you get half your fee back and keep the work.

Nothing in this section limits your rights for a genuine Defect under Section 15, for fraud or intentional misconduct, or any right the law does not allow to be waived.

11. Qualifying emergencies

11.1 What qualifies

A Qualifying Emergency is a genuine circumstance outside your reasonable control that stops you from attending or causes you to be more than 30 minutes late. Examples include a child's illness, a family emergency, a vehicle breakdown, an accident, a medical issue, a local power outage, a local internet outage, or something comparable.

11.2 What to do

Tell us as soon as reasonably possible, ideally before your scheduled start time. We may ask for a brief explanation. We don't need medical records or other sensitive documentation. We decide in good faith whether a circumstance qualifies.

11.3 What happens

If it qualifies, we still use your original Build Day to move your project forward based on your Context Brief. We then give you a brief completion session of about 1 hour, at no charge, to settle decisions and complete the work as far as reasonably possible. Please book it within 7 days of your Build Day. It must be held within 30 calendar days after your originally scheduled Build Day, unless we agree in writing to extend that deadline. If it can't be held by then for reasons on your side, your Build Day is treated as complete on that date, and that date is Remediation Process Complete for the Satisfaction Guarantee. If we cause the delay, the deadline does not expire against you. Your Revision Period and Support Period start from that completion session.

You don't pay the $297 replacement-session fee. After the completion session, you continue through the normal revision and support process, and the Satisfaction Guarantee in Section 22 remains available under its terms. A Qualifying Emergency does not by itself create a cash refund right. We offer emergency accommodation once per Build Day. After that, a missed Live Session is handled under Section 10, and a missed completion session or support call counts as used.

11.4 If we need to reschedule

If we have to cancel or move your Build Day because of illness, an emergency or an outage on our side, we reschedule it at no cost to you. If we can't agree on a new date within 30 days, you may choose a 100% refund of the Build Day Fee instead.

11.5 Repeated missed sessions

If you repeatedly miss sessions, cancel at the last minute or reschedule often, we may decline further bookings. Section 10 still applies to any missed Live Session.

12. Delivery and walkthrough

12.1 When Delivery happens

Delivery happens when we send the delivery email and make the completed work reasonably accessible to you in ClickFunnels or another agreed location. Delivery does not depend on whether you open the email.

12.2 What Delivery includes

Delivery includes a recorded walkthrough, usually a Loom video, a delivery email, and access to your completed System. The walkthrough shows where your System is, how to use it, how the core path works, and the testing we performed.

12.3 Testing

Before handoff, we perform a reasonable test of the agreed core user journey. The walkthrough documents that the tested core path worked at the time of testing, under the conditions shown. It is not a promise that the System will always work.

We are not responsible for later failures caused by changes you or others make, third-party outages, DNS changes, payment processor issues, software or platform changes, deleted workflows, integrations outside our control, expired subscriptions, or other actions on your side.

13. Included revision time

Your Build Day includes 7 days of revisions (the Revision Period). This is Team Capacity, not necessarily Malia Burcham's personal time.

Send revision requests in writing or by Loom video, by replying to your delivery email. We track the time we spend. After each round of revision work, we tell you what we completed, how much revision time was used and how much remains.

Requests we receive within the Revision Period are completed using revision time, even if the work finishes after it ends. Unused revision time expires at the end of the Revision Period. It is separate from the support time in Section 18. Revision requests after the Revision Period use your support time or are billed as New Scope.

14. Defects, revisions, new scope and support

Every request after Delivery falls into one of these categories:

1. Defect. A specifically approved item in the Approved Strategy was not delivered, or does not perform its intended core technical function at handoff. Fixing a Defect or completing an omitted approved item does not use your revision or support time.
2. Revision. A change to work that was already delivered. Examples include changing copy, an image, the offer, a hook, a headline, colors, page structure, layout, messaging or implementation, fixing changes you made, or updating content after you change something. Revisions use your revision or support time.
3. New Scope. Anything that is not part of the approved System or that requires materially new work. Examples include additional funnels, Pages beyond scope or capacity, a new product, course, community or app build, a complete redesign, ongoing marketing or ad management, and a new campaign we did not scope. New Scope requires separate written approval and payment.
4. Technical Support. Help understanding or using the delivered System that does not materially change what was delivered. Technical Support is provided through the Support Period.

A change of offer, audience, product, price, strategy or direction after Delivery is a Revision or New Scope, not a Defect. Subjective creative dissatisfaction is not automatically a Defect, but it may qualify for the Satisfaction Guarantee in Section 22 after the remediation process described there.

15. Notice and cure

If you believe we did not deliver an approved item or delivered a Defect, please tell us in writing within 14 days after Delivery or, where Section 10 or Section 11 moves your Revision Period, within 14 days after your replacement or completion session. Your notice should identify the specific issue and the approved item it relates to. We then have a reasonable opportunity to inspect and fix it, normally within 5 Business Days of your notice, or longer if the fix depends on a third party or on something we need from you.

Subjective dislike is not a Defect. A preference about aesthetics or a requested change is a Revision, unless the delivered work materially departs from the Approved Strategy.

Nothing in this section removes any right or remedy that the law does not allow to be waived.

16. Acceptance

Delivery starts your review and revision process. Subject to any Defect notice you give under Section 15, if you don't request Revisions by the end of the Revision Period, the delivered work is accepted, except for latent technical defects that could not reasonably have been found earlier, to the extent the law requires.

Dissatisfaction raised after the Revision Period does not revive expired revision time. New changes after that point use support time or are billed. Acceptance does not excuse an approved item that was genuinely never delivered, and it does not cut off a Defect notice given within the period in Section 15.

17. Creative decisions and your direction

17.1 Who decides what

You control your offer, price, business facts, factual claims, guarantees, product and service promises, target market, fulfillment details, and legal and compliance responsibility for them.

We use our professional judgment on design execution, visual hierarchy, typography, page layout, UX, technical implementation, automation architecture, technical structure and reasonable conversion-focused decisions.

17.2 If you want it done differently

You may ask for a different implementation or aesthetic direction. If you want us to go against our recommendation, we may do so if the request is lawful, technically feasible, allowed by the platform, within scope, not deceptive, and not reasonably expected to cause security or operational harm. We will not implement anything that fails those tests.

If you knowingly override a recommendation we documented, you accept responsibility for the consequences of that direction, and we are not responsible for negative results caused by it.

17.3 Taste and satisfaction

Creative work involves professional judgment. We agree to perform the approved scope in a professional and workmanlike manner, meaning with the care and skill a competent funnel builder would reasonably use. We do not guarantee that you will personally like every creative choice. Dissatisfaction with color, style, wording, layout or other preferences is handled first through Revisions and support, using your included time, and then, if it remains, through the Satisfaction Guarantee in Section 22. It is not by itself a failure to perform. This does not excuse a genuine failure to deliver approved scope or a genuine Defect.

18. Your 30-day Support Period

18.1 When it starts

Your Support Period begins on whichever of these comes first: the day we tell you your revision requests are complete or your revision time is used up, or the day your Revision Period ends. It lasts 30 days.

18.2 Up to 2 hours of support work

You get up to 2 hours of asynchronous support time, which is work our team does on its own schedule, not on a live call. You can use it for Revisions, small implementation requests, micro tests and reasonable support work. After each request, we tell you what we completed, how much time was used and how much remains.

18.3 One live support call

You also get one live call of up to 1 hour, separate from the 2 hours above. Book it through the link we provide, in an available slot during our business hours, generally 9:00 am to 5:00 pm Arizona time. The call must be both booked and held within the Support Period. If you miss the call without 24 hours' notice, it counts as used, unless Section 11 applies, in which case we will offer another slot within the Support Period if one is available.

18.4 Split tests

Every split test or revision request during the Support Period uses your 2-hour support time.

A micro test changes one main variable while leaving the original page substantially the same, such as a headline, hook, call-to-action text, button color, hero image or one small section. Micro tests can be done within your support time.

A macro change is a material change to the overall layout, messaging structure, several sections, the page concept or the overall design. A macro change is not a micro test and may be New Scope. If we clone a page to run a micro test, the clone is not a new custom Page.

18.5 When time runs out

Unused support time and an unused call expire at the end of the Support Period. They do not roll over and are not refundable or transferable. Once your support time is used, we may stop included work and quote any further work. Nothing extra begins without your approval and, where applicable, payment.

19. Performance report

At or near the end of your Support Period, we will give you a complimentary performance report based on the data reasonably available to us. It generally covers what the numbers show, what they mean, what we recommend next, and what we can help with if you want it. It may include traffic, opt-ins, conversions, checkout activity, purchases, revenue, email performance, bottlenecks and other available metrics.

The report depends on you launching and using your System, enough traffic and data, working analytics, continued access, and third-party tracking. We do not promise statistically significant results. If there is little or no data, the report may say that meaningful conclusions cannot yet be drawn.

If we recommend work, we may estimate how much support time it would take. You may approve using any remaining support time for it, or we may quote it if your time is used up.

20. What's not included

Unless we agree otherwise in writing, a Build Day does not include paid ad management, media buying or ad optimization; ongoing funnel, email or campaign management; ongoing split-test management or conversion optimization; traffic generation; SMS or text messages; sales closing; customer service; legal or tax advice; drafting legal pages; a formal accessibility audit, WCAG certification or accessibility compliance review; merchant account or payment processor management; or technical support beyond the Support Period.

Extra help doesn't change the deal

If we choose to give you extra advice, a bonus, extra revisions, extra time, answers to additional questions, an extra Page or asset, extended support, or any other courtesy work, that is goodwill. It does not amend this agreement, expand your scope, create a future entitlement or a waiver, or set a pattern we have to repeat. Only a written agreement that expressly changes your scope changes our obligations.

21. Price and payment

• The Build Day Fee is the amount displayed and agreed to by you at checkout for your Build Day, paid in full when you book. The price you pay is locked in when you book.
• All fees are in U.S. dollars.
• The fee for an additional reschedule under Section 9, and the replacement-session fee under Section 10, is $297.
• New Scope and work beyond your included time is billed at our current rate of $250 per hour, or handled through a retainer.
• We accept payment through ClickFunnels' integrated payment processing, Klarna and direct invoice. If you use third-party financing, we are not responsible for any dispute, limit, default or other consequence of that financing.
• You are responsible for foreign transaction fees, exchange rate differences and taxes in your location.

Payment disputes

Before you open a chargeback or payment dispute, you agree to contact us and use the process in Section 33, where the law allows. This does not take away any chargeback right you have under law.

22. Satisfaction Guarantee

22.1 What it is

If you take part in good faith in the remediation process below and remain genuinely dissatisfied with your delivered work, you may request exactly 50% of the Build Day Fee you paid (the "Satisfaction Guarantee"). The $297 fee is separate and is not included in this calculation. You do not have to prove a breach, negligence or an objective Defect. The Satisfaction Guarantee is about genuine dissatisfaction after we have had a fair chance to make it right.

22.2 Who can use it

The Satisfaction Guarantee applies if you attended your Live Session, or completed your Build Day through a replacement session under Option 1 of Section 10 or a no-fee completion session under Section 11. It does not apply if you chose Option 2 under Section 10. If your Build Day was treated as complete because you didn't choose a path in time, it applies only if we later let you continue and confirm in writing that it does.

22.3 The remediation process

Take part in good faith in the revision and support process: tell us specifically what you are unhappy with, in writing or by Loom, and give us a reasonable opportunity to address it. You don't need to use every minute of your revision or support time.

The remediation process is complete ("Remediation Process Complete") on the earlier of:

• (A) the day we have completed the eligible concerns you identified on time, and either your included revision and support time has been used up, or you have confirmed in writing that you have no further eligible requests you want us to address through included revision and support time; or
• (B) the day your Support Period ends, or the date another completion trigger in Section 10 or Section 11 expressly applies.

We can't start your claim window on our own while you still reasonably intend to use your included revision or support time. When Remediation Process Complete happens under (A), we'll confirm it to you in writing.

22.4 How to claim it

Within 7 calendar days after Remediation Process Complete, tell us in writing, as described in Section 36, that you are invoking the Satisfaction Guarantee, and briefly describe what you remain dissatisfied with. If you meet these conditions, we refund exactly 50% of the Build Day Fee under Section 23.

You keep the delivered work and your right to use it under Section 26. Once the refund is issued, any remaining individualized Build Day services, including revision time, support time, the support call and the performance report, end.

22.5 Limits

The Satisfaction Guarantee can be used once per Build Day and cannot be combined with any other refund under Section 23. It is not a guarantee of business results under Section 29. Poor sales, traffic, conversions or return on investment after the claim window has closed are not a substitute for a timely claim. The Satisfaction Guarantee does not replace or limit your rights for a genuine Defect under Section 15, for fraud or intentional misconduct, or any right the law does not allow to be waived.

23. Refunds

Refunds of the Build Day Fee are available only as set out here or as required by law:

• Cancellation: 100% of the Build Day Fee if you cancel in writing at least 48 hours before your Scheduled Start Time under Section 9.
• No-show exit: exactly 50% of the Build Day Fee if you choose Option 2 under Section 10 within the time stated there.
• Satisfaction Guarantee: exactly 50% of the Build Day Fee if you qualify under Section 22.
• If we cancel: 100% of the Build Day Fee, if we cancel or move your Build Day and we can't agree on a new date within 30 days under Section 11.4.
• Replacement-session fee: the $297, if we are responsible for your paid replacement session under Section 10 ultimately not being provided.
• Anything else: any refund agreed in writing, ordered in a binding settlement, arbitration award or court order, or required by law.

Refund rights cannot be stacked, and you cannot recover more in total than you actually paid, including any amount returned through a chargeback or payment dispute. A permitted delay under Section 32, a Qualifying Emergency where we have performed the reserved work, dissatisfaction that has not gone through the Satisfaction Guarantee process, and change requests are not grounds for a refund. The $297 fee is non-refundable once the replacement session is held, and otherwise refundable only as stated above. A properly noticed Defect is handled by cure under Section 15 and, if we don't cure it, through Section 33. The portion of the Build Day Fee that is not refunded under a partial refund reflects the value of the reserved production capacity and work already performed, and is not a penalty, fine or liquidated damages.

Funnel Fuse will initiate a 100% refund under Section 9.1 or Section 11.4 within 10 Business Days after confirming your eligibility. For an approved no-show Exit or Satisfaction Guarantee refund, Funnel Fuse will initiate the refund within 10 Business Days after confirming that the applicable refund conditions have been satisfied. After Funnel Fuse initiates a refund, the time required for the funds to appear in your account depends on your payment processor and financial institution. Any binding settlement, arbitration award, court order or applicable legal requirement that establishes different timing controls over this section.

24. AI and third-party technology

AI-assisted production is central to this service. A Build Day could not realistically be delivered in one day without it. By booking, you expressly consent to our use of AI and third-party technology throughout your project, including processing your confidential information as described below. For your Build Day, this section is more specific than, and controls over, the AI and technology section of the General Terms.

Examples of tools we currently use or may use include ChatGPT (OpenAI), Claude (Anthropic), Lovable, Marketing Secrets AI, Overskill, image-generation tools, coding tools, APIs and similar technology. This list is illustrative, not exhaustive, and the tools change over time. We may use them for copy, research, strategy support, design ideas, images and graphics, code, automation, workflows, technical help, analysis and implementation. Our team reviews AI-assisted work before we deliver it and remains professionally responsible for it.

You understand that the information, instructions, business details and other content you give us may be processed through third-party AI or software systems as reasonably necessary to provide the service. We use reasonable care in deciding what information to provide to AI tools, limit sensitive information where reasonably possible, and do not intentionally enter passwords, authentication credentials or full payment-card numbers into general-purpose AI tools, whatever type of account is used. Because we build CRM, email, automation and marketing systems, customer data may be processed through third-party software or AI-enabled services when reasonably necessary to perform authorized work. We take a purpose-limited, minimum-necessary approach, and we don't intentionally submit complete customer databases to general-purpose AI chatbots merely for convenience. We do not control the independent security, data retention, policies, uptime or conduct of third-party platforms, and you accept the inherent risks of using modern AI and software systems. Subject to applicable law, we are not responsible for the acts or failures of third parties outside our reasonable control. Third-party AI providers have their own terms, privacy practices, security and availability. AI use does not limit our responsibility for our own contractual obligations, negligence or misconduct.

25. Our team and subcontractors

We may use employees, contractors, subcontractors, vendors and AI tools to deliver your Build Day. Malia Burcham does not personally perform every hour. The about 8 hours of Build Day capacity and the other included hours are Team Capacity unless we expressly say otherwise. We remain responsible for coordinating the work and for its quality.

We agree to keep you informed, tell you promptly if we need something from you, run reasonable quality checks before Delivery, and act with integrity. Funnel Fuse limits access to your accounts, such as ClickFunnels collaborator access, to personnel and service providers who reasonably need it to perform or support your Build Day and related support. We generally seek to discontinue active use of that access when it is no longer reasonably necessary for your Build Day, support, troubleshooting, authorized portfolio activity, recordkeeping or another purpose described in these terms. Depending on the platform and how access was granted, Funnel Fuse may remain listed as a user, collaborator or authorized account until you or Funnel Fuse removes that access. You may revoke Funnel Fuse's access at any time, subject to the effect that loss of access may have on your Build Day or support.

26. Ownership and intellectual property

26.1 Your content

Your Client Content stays yours. Client Content means your logo, photographs, trademarks, proprietary copy you supply, customer data, confidential information and other source materials you own.

26.2 Our background IP

We keep ownership of our Background IP, meaning our templates, frameworks, reusable page structures, design systems, code components, prompts, workflows, methods, processes, systems, general non-client-specific strategies, know-how and general concepts, whether they existed before your Build Day or were developed during it. Using them in your project does not transfer ownership of them to you.

26.3 Your deliverables

Once you have paid in full, Funnel Fuse assigns to you all right, title and interest in the client-specific elements of the deliverables we create for you, meaning the parts developed specifically for your Build Day and not the Background IP described in Ownership.2. Funnel Fuse also grants you a perpetual, irrevocable, non-exclusive license to use, in your own business, any Background IP incorporated into those deliverables. Until you have paid in full, the deliverables remain ours. If you receive a refund under Section 10 or Section 22, the remaining Build Day Fee counts as paid in full for this purpose, unless that amount is later reversed through a chargeback or payment dispute.

26.4 Template reuse

We may reuse our Background IP and generalized, reusable components, including the underlying layout, template, structure, design system or framework, as long as we don't improperly reuse your confidential information, proprietary copy, branding, private customer information or other Client Content. We never claim ownership of your Client Content.

26.5 Portfolio

We may show public or launched work we built for you, including visuals, videos, screenshots, strategy and results (excluding your non-public financial data unless you approve), in our portfolio, case studies, social content, training, educational materials and award submissions, subject to our confidentiality and applicable privacy obligations. We don't use confidential, unreleased or private customer information as portfolio material. If you ask us in writing before launch to keep the work private, we won't feature it publicly until it is launched. You may ask us to stop future use of launched work. We may choose to honor that request. Funnel Fuse may decline a post-launch removal request where the work is a significant portfolio, educational or historical example, subject to applicable law and any separate written confidentiality agreement. For Build Days, this section replaces the portfolio provision of the General Terms.

26.6 Awards and recognition

If a funnel we built for you earns an award or public recognition, including a ClickFunnels Two Comma Club award, we ask that you credit Funnel Fuse, LLC or Malia Burcham as the funnel builder in your submission as a professional courtesy. You also agree that we may show the work to ClickFunnels in support of Funnel Fuse's own award applications.

27. Confidentiality

Each of us will keep the other's private business information, trade secrets and non-public strategies confidential. We may disclose your information only as reasonably necessary to perform the service, to use approved team members, vendors, contractors and AI tools under Section 24 and Section 25, to comply with the law, or to enforce this agreement. Template reuse and portfolio use under Section 26 are not a breach of confidentiality. We don't sell Client Content or your customers' data. Our Privacy Policy explains how we handle personal information.

28. Non-solicitation and non-disparagement

You agree not to directly and specifically solicit for hire or engagement the Funnel Fuse personnel you materially worked with during your Build Day, without our written consent, during your Build Day and for 12 months afterward. This doesn't restrict general job postings, unsolicited applications, or hiring someone you already knew or worked with outside of Funnel Fuse.

Nothing in these Build Day Terms prohibits either of us from providing truthful reviews, describing our genuine experience, communicating with legal counsel or government authorities, responding to legal process, or making any statement protected by applicable law. Neither of us will knowingly publish materially false statements about the other with intent to cause wrongful harm.

29. No guarantee of results

We do not guarantee sales, leads, revenue, conversion rates, profit, return on investment, traffic, rankings, awards, business growth, ad performance, email deliverability, merchant approval or platform uptime. Results depend on your offer, market, pricing, traffic, audience, execution, sales process, product quality, fulfillment, timing, the economy, platform conditions and other factors outside our control. After Delivery, how you use and manage your System, and the results it produces, are your responsibility. The Satisfaction Guarantee in Section 22 concerns your delivered work after the remediation process, not these business results.

30. Limitation of liability

To the fullest extent the law allows, each party's total liability to the other for any claim related to your Build Day is limited to the Build Day Fee you paid, less any refunds.

To the fullest extent the law allows, neither party is liable for indirect, incidental, consequential, special or punitive damages, lost profits, lost data, lost goodwill or business interruption, even if told they might happen. We make no warranties other than those in these terms and the General Terms, including implied warranties of merchantability or fitness for a particular purpose.

These limits do not apply to your payment obligations, your indemnity under Section 31, fraud, gross negligence, intentional misconduct, death or personal injury caused by negligence, or any liability that Arizona law does not allow to be limited.

31. Indemnification

You agree to indemnify and hold harmless Funnel Fuse, our affiliates, officers and contractors from third-party claims, losses and damages arising from your offer, products or services; your business claims; content you supplied, including any intellectual property violation in assets you provided; unlawful marketing claims; your misuse of the System; your breach of law or of this agreement; and changes made at your direction. This does not cover claims to the extent caused by our own gross negligence or intentional misconduct, or anything the law does not allow to be indemnified.

32. Delays outside our control

Neither of us is responsible for delays caused by events outside reasonable control, including natural disasters, government action, platform outages (including ClickFunnels), power outages, internet outages, third-party service interruptions, widespread software failures, emergencies and illness.

If one of these events, or missing access, missing assets or another delay caused on your side, affects your Build Day, we may extend completion by up to 3 Business Days at no extra charge to you. A permitted delay is not a breach and does not by itself create a refund right. This section does not excuse ordinary poor planning or intentional nonperformance. For your attendance at a Live Session, completion session or support call, Section 11 applies instead of this section.

33. Dispute resolution

Disputes about your Build Day follow the same dispute resolution process as the General Terms: informal resolution first, then good-faith mediation, then binding arbitration administered by the American Arbitration Association. Because a Build Day is a business purchase under Section 3, the AAA's Commercial Arbitration Rules apply, unless the AAA determines that its Consumer Arbitration Rules or another mandatory rule set applies. These Build Day Terms do not replace the General Terms' dispute resolution section.

Either of us may still ask a court for temporary, preliminary or emergency relief to prevent irreparable harm while that process is pending.

34. Governing law

These Build Day Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules, as set out in the General Terms.

35. Electronic acceptance and records

You accept these Build Day Terms and the General Terms by checking the unchecked-by-default box on our Build Day page that reads "I have read and agree to the Funnel Fuse Build Day Terms of Service and the Funnel Fuse Terms of Service, including AI-assisted production and recorded sessions," typing your full name as your signature, and completing your booking and payment. Your typed name is your electronic signature and, together with the checkbox and payment, is your acceptance of these terms, to the fullest extent the law allows. A handwritten signature is not required.

We keep a record of your acceptance, which may include the date and time, your name, typed signature and email, your transaction or client identifier, the version of these Build Day Terms and of the General Terms, the checkbox wording, and any available technical audit information. We also keep a copy of the checkout and acceptance screens for each version of these terms.

36. Versions, entire agreement and general terms

• Version. The version of these Build Day Terms in effect when you book applies to your Build Day, unless we both later agree otherwise in writing. We keep archived copies of each version, and later changes to these Build Day Terms or to the General Terms do not apply to a Build Day already booked.
• Entire agreement. These Build Day Terms, the General Terms and any written agreement signed by both of us that expressly changes them are the entire agreement for your Build Day, applied in the order of precedence in the General Terms, and replace earlier discussions about it.
• How these terms fit with the General Terms. For your Build Day, these Build Day Terms replace the General Terms' provisions on: scope, Scope Confirmation and change approval; your review window; refunds, cancellations and guarantees; timelines and delivery; approval and acceptance; Defect, revision and support periods; ownership of deliverables; portfolio and publicity; recording of sessions; AI use and consent; limitation of liability; indemnification; and notices for Build Day matters. They also add Build Day rules that the General Terms don't cover, such as rescheduling, missed sessions and Qualifying Emergencies. Dispute resolution and governing law are not replaced: the General Terms apply. Where both documents cover a topic in compatible ways, such as confidentiality and non-solicitation, both apply. Your electronic acceptance under Section 35 is effective without a separate signature, including for the General Terms.
• Scope. Your scope is defined by your Context Brief, changes agreed in the recorded Live Session, and any Scope Confirmation. Casual statements, sales calls, social media and direct messages, brainstorming, earlier drafts and informal promises do not expand scope unless included in those.
• Independent contractor. We are an independent contractor, not your employee, partner or joint venturer.
• Authority. Each of us confirms we have authority to agree to these terms.
• Notices. We send notices to the email address you gave us at booking. Send formal notices, including cancellations, no-show elections and Satisfaction Guarantee claims, to legal@funnelfuse.com. For scheduling, we also accept reschedule requests at hello@funnelfuse.com or by reply to an email from us about your Build Day. No special wording is needed: a clear written request is enough. A notice to us is received when it arrives at that address, at any hour. Messages through social media or personal messaging apps are not official notice.
• No waiver. If we don't enforce a term at one time, we can still enforce it later.
• Severability. If any part of these terms can't be enforced, it will be adjusted to reflect our intent as closely as possible, and the rest stays in effect.

37. Contact

Questions about these terms: legal@funnelfuse.com. Help with your project: support@funnelfuse.com.
Funnel Fuse, LLC, PO Box 465, Benson, AZ 85602.