FunnelPhase Confidentiality and Ownership Agreement
Version 2026-10-20.1
Operator: Devon Brueckner, operating FunnelPhase
1. Parties and permitted use
This agreement is between Devon Brueckner, operating FunnelPhase (the Operator), and the individual signing below (you). In exchange for access to the restricted FunnelPhase web app, including Scheduling and TradeLot, you agree to these terms. You may use the access granted to you to evaluate FunnelPhase and manage authorized construction work. This agreement applies whether you open the web app in a browser or from a Home Screen shortcut.
2. What is confidential
Confidential Information means nonpublic FunnelPhase information disclosed through restricted access that is marked confidential or that a reasonable person would understand is confidential. It includes nonpublic source code, technical architecture, security information, unreleased features, private product specifications, and nonpublic product designs and workflows. It also includes another customer’s confidential information that you are authorized to access. Public marketing pages, publicly described features, and information already lawfully available to the public are not confidential under this agreement.
3. Confidentiality and safeguards
Use Confidential Information only for the permitted use above. Protect it with reasonable care and do not disclose it to unauthorized people. Do not publish or give others restricted product screenshots, internal specifications, or source code without the Operator’s written permission. Keep your credentials private, respect workspace and trade permissions, and promptly notify the Operator if you discover unauthorized access or disclosure. You may share your own job records, correction photos, and generated work messages with the people who need them for your construction work.
4. Ownership and limited permission
The Operator and applicable licensors retain their respective rights in the FunnelPhase product, branding, documentation, and software to the extent those rights exist under applicable law and licenses. Access gives you permission to use the web app within your authorized role; it does not transfer ownership of the product, grant source-code access, or authorize use of its branding as your own. Do not copy or distribute protected FunnelPhase materials, represent the product as your creation, or use Confidential Information to reproduce or help reproduce its protected nonpublic implementation. Restrictions apply only to the extent permitted by law and do not override rights granted by applicable third-party or open-source licenses.
5. Your content and independent work
You and your licensors keep your respective rights in your photos, schedules, project records, preexisting work, and independently developed materials. You give the Operator only the permission needed to host, process, display, back up, and support your authorized use of those records. This agreement does not assign your inventions or independently developed software to FunnelPhase. It does not prevent lawful competition, independent development, use of general skills and experience, or use of information that is not confidential. You may give feedback voluntarily; the Operator may use that feedback to improve the product, without taking ownership of your underlying records or confidential third-party materials.
6. Exclusions and legal disclosures
Confidentiality duties do not cover information you can show was already lawfully known to you without a duty of confidentiality, becomes public without your breach, is received lawfully from another source without a confidentiality duty, or is developed independently without using Confidential Information. You may make disclosures required by law or a valid legal order; where legally permitted, provide reasonable notice so protection can be sought and disclose only what is legally required. Nothing restricts lawful reports to regulators, law enforcement, your attorney, or protected whistleblowing, and no prior approval or notice is required for those protected reports.
7. Federal trade-secret immunity notice
Under 18 U.S.C. § 1833(b), an individual is not liable under federal or state trade-secret law for a disclosure made in confidence to a government official, directly or indirectly, or to an attorney, solely to report or investigate a suspected legal violation, or for a disclosure in a complaint or other document filed under seal in a proceeding. An individual bringing an employer-retaliation lawsuit for reporting a suspected violation may disclose the trade secret to the individual’s attorney and use it in the proceeding if documents containing it are filed under seal and it is not otherwise disclosed except by court order.
8. Duration and ending access
Ordinary confidentiality duties continue during your access and for three years after your access ends. Information qualifying as a trade secret remains protected for as long as it qualifies under applicable law. Ownership rights continue according to applicable law. On request or when access ends, stop using and reasonably return or delete Confidential Information, except copies required by law or maintained in routine backups; retained confidential copies remain protected. This does not require deletion of your own job records or this agreement and its receipt. Access may be suspended for breach, and the parties retain remedies available under applicable law.
9. Electronic signature and your copy
You confirm that you are at least 18 and have legal capacity to enter this agreement. You are signing personally; this signature alone does not claim to bind an employer or another organization. You consent to use an electronic record for this agreement. By checking the acceptance box, typing your full legal name, and selecting the sign/submit button, you intend the typed name to be your electronic signature and agree to the complete agreement. The site records your account identifier and email, typed name, server timestamp, agreement version, exact agreement text, and its integrity hash as an acceptance record. You may download or print the agreement before signing and retrieve your signed receipt afterward. If you do not agree or do not want to sign electronically, do not create or continue using a restricted account; contact the Operator to discuss another arrangement.
10. Applicable law and changes
Utah law and applicable federal law govern this agreement, without overriding mandatory rights or protections that apply to you. If a provision cannot be enforced, the remaining provisions continue to the extent permitted by law. This agreement addresses confidentiality, product ownership, and electronic acceptance; it does not itself authorize charges or change separately agreed pricing. Material changes will be presented as a new version for acceptance and will not rewrite the record of an earlier signature.
Electronic acceptance statement
I have read and agree to the complete FunnelPhase Confidentiality and Ownership Agreement. I consent to this electronic record and intend my typed full legal name to be my electronic signature.