Terms of service

Last Updated: 21st June 2024

These Terms of Service (“Agreement”) govern your use of the AI website for business development services (the “Website”) provided by GrowthApp Innovation Limited (“GrowthApp,” “we,” or “us”). These terms also govern GrowthApp’s Purchased Services. By accessing or using our website, you agree to comply with and be bound by the following terms and conditions (the “Terms of Service”). Please read these Terms of Service carefully before using our services.

1. Interpretation and Definitions

1.1 Interpretation

In this Agreement, the following terms shall have the following meanings.

1.2 Definitions

For the purposes of these Terms and Conditions:

• Account: Refers to the personal information, payment information, and credentials used by the User to access the Service on the Website.

• Country: Refers to the United States.

• Company: Refers to GrowthApp Innovation Limited, 1021 E Lincolnway Suite #7191, Cheyenne, Wyoming 82001, United States.

• Customer: Refers to the person, company, or other legal entity/entities for which the Agreement has been entered into and the account opening form has been submitted.

• Device: Refers to any device that can access the Service, such as a computer, cell phone, or digital tablet.

• Facilities: Refers to any and all online facilities, tools, services, or information that GrowthApp makes available through the Website.

• Parties: Refers to GrowthApp and the Customer jointly.

• Payment Information: Refers to any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/debit card numbers and account numbers.

• Purchased Services: Refers to GrowthApp’s products or services that the Customer purchases or subscribes to by submitting the Account opening form once the relevant fee has been paid.

• Services: Refers to the Website, specifically, the use of GrowthApp’s AI free trial.

• Terms and Conditions (also referred to as “Terms”): Refers to these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

• User/Users: Refers to any third party that accesses the Website and is not acting in the course of their employment with GrowthApp Innovation Limited.

• Website: Refers to GrowthApp, accessible from growthapp.ai.

• You: Refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Terms and Acceptance of Terms

2.1 Terms of Agreement

This Agreement is executed upon submitting the Account Opening Form and remains in force until the subscription has expired or has been terminated. If the subscription is for a free trial and the Customer does not purchase a subscription before the free trial period expires, the Agreement terminates at the end of the free trial period.

2.2 Term of Subscriptions

Subscription terms are specified in the Account Opening process. Unless the Customer has given GrowthApp written notice of termination at least 30 days before the current subscription expires, or unless otherwise expressly agreed in writing between the parties, the subscription is automatically renewed. When automatically renewing the subscription, the fee shall be the same as that for the prior term, unless GrowthApp has given the Customer written notice of a price increase in accordance with section 8.2.

2.3 Acceptance of Terms

By accessing or using our website, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our website or services.

3. Description of Services

GrowthApp is an innovative AI assistant designed to serve as a comprehensive business intelligence solution. Our Platform empowers business owners and professionals to start, operate, and grow their companies using AI technology. Our services include, but are not limited to, market analysis, strategy development, and performance tracking.

4. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

5. User Accounts

To access certain features of our website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

6. Use of Services

You agree to use our services only for lawful purposes and in accordance with these Terms of Service. You represent that you are over the age of 18. When accessing or using the Service, you agree to:

1. Not misrepresent your identity.
2. Comply with all applicable domestic and international laws.
3. Not interfere or disrupt the Service or servers or networks connected to the Service.
4. Not reproduce, duplicate, copy, sell, distribute, or otherwise exploit any portion of the Service.
5. Not impersonate or attempt to impersonate GrowthApp Innovation Limited, a GrowthApp Innovation Limited employee, another user, or any other person or entity.
6. Not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our services, or which, as determined by us, may harm GrowthApp Innovation Limited or users of our services or expose them to liability.

7. Parties’ Rights and Obligations

7.1 GrowthApp’s Rights and Obligations

GrowthApp shall provide and make the Purchased Services available to the Customer during the subscription term under the terms and conditions set forth in this Agreement. GrowthApp shall:

• Provide customer support at no additional cost and software patches.
• Provide the Purchased Services in accordance with applicable laws and regulations.
• Use all commercially reasonable efforts to make the Purchased Services available 24/7.

Any fault, error, or unavailability of the Purchased Services caused by circumstances beyond GrowthApp’s reasonable control shall not constitute a breach of contract, nor justify or provide grounds for remedies for breach of contract (including liability for damages). Such circumstances include but are not limited to acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), Internet Service Provider (ISP) failures or delays, or denial of service attacks.

GrowthApp shall not have access to sensitive information about the Customer. All of the Customer’s data otherwise collected by GrowthApp shall be treated according to the laws and regulations in force. Regardless of the obligations described under this section, GrowthApp reserves the right to perform planned downtime subject to at least 8 hours’ notice to Customers. To the extent possible, such downtime shall be scheduled during weekends between Friday 5:00 p.m. and Monday 6:00 a.m. local time according to Customer location.

7.2 The Customer’s Rights and Obligations

The Customer shall be responsible for the User’s compliance with this Agreement. The Customer shall utilize the Purchased Services and/or the Services in accordance with GrowthApp’s instructions and applicable laws and regulations. The Customer has no right to resell, sub-license, or in any other way award a third party any right to utilize the Purchased Services or the Services. The Customer shall not permit any third party to access the Purchased Services nor the Services and shall make reasonable efforts to prevent unauthorized access and use. The Customer undertakes to notify GrowthApp without undue delay in case of such access. The Customer undertakes to use the Services in good faith and not access the Purchased Services or the Services in order to perform any disloyal and/or illegal behavior, nor to breach any of GrowthApp’s intellectual property rights and/or other rights over the Purchased Services or the Services. The Customer agrees that GrowthApp may collect and use technical information collected for support or product improvement purposes. The Customer further undertakes to provide GrowthApp with sufficient access to the Services or Purchased Services to provide support and maintenance.

8. Payment

8.1 General

Fees, prices, and payment terms are specified in the Account Opening Form. Payment obligations are not subject to a right of cancellation or withdrawal, and paid fees are non-refundable except for what is covered in this Agreement Section 8.4.

8.2 Price Adjustments

GrowthApp reserves the right to adjust the fees and prices up to 3%. Any higher increase shall require that the Customer be notified in writing 30 days before the end of the current subscription period.

8.3 Taxes

Unless otherwise stated, GrowthApp’s fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including but not limited to value-added, sales, use, or withholding taxes, assessable by any local, state, provincial, federal, or foreign jurisdiction for paying all taxes associated with the Customer’s purchases under this Agreement. If GrowthApp has the legal obligation to pay or collect Taxes for which the Customer is responsible under this item, the appropriate amount shall be invoiced to and paid by the Customer. GrowthApp is solely responsible for taxes assessable against it based on its income, property, and employees.

8.4 Refund

Upon any termination by the Customer, GrowthApp shall refund the Customer any prepaid fees covering the remainder of the term of subscriptions after the effective date of termination.

9. Intellectual Property Rights

GrowthApp shall remain the holder of all intellectual property rights related to the Services and the Purchased Services and the contractual relationship in general, including its present and all future versions thereof. Subject to the limited rights expressly granted hereunder, GrowthApp reserves all rights, titles, and interests to the Purchased Services and Services, including all intellectual property rights therein. No rights are granted to the Customer other than as expressly set forth herein.

10. Disclaimer of Warranties

GrowthApp warrants that it will provide the Services with reasonable skill and care and as described in this Agreement. However, GrowthApp does not warrant that the Services and/or Purchased Services will be uninterrupted or error-free. The Customer acknowledges that there may be situations where the Purchased Services and/or Services may not be accessible or that they may not function properly. GrowthApp does not warrant that the functions contained in the Services and/or Purchased Services will meet the Customer’s requirements or that the operation of the Purchased Services and/or Services will be uninterrupted or error-free. The Customer acknowledges and agrees that GrowthApp does not warrant that the Purchased Services and/or Services will operate in combination with other hardware, software, systems, or data not provided by GrowthApp.

11. Limitation of Liability

Neither party shall be liable to the other for any special, indirect, consequential, incidental, or punitive damages of any kind or nature whatsoever arising out of this Agreement or the use of the Purchased Services or the Services. Notwithstanding any other provisions of this Agreement, the total aggregate liability of GrowthApp and its Affiliates, in any contract, tort (including negligence), strict liability, or other theory, arising out of this Agreement shall not exceed the total amount paid by the Customer to GrowthApp during the twelve months preceding the event giving rise to the claim.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Country, without giving effect to any principles of conflicts of law.

13. Dispute Resolution

Any dispute arising out of or in connection with this Agreement shall be resolved amicably between the Parties. In the event of a failure to resolve the dispute amicably, the dispute shall be submitted to the courts of the Country.

14. Miscellaneous

14.1 Entire Agreement

This Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements, whether written or oral, relating to the subject matter hereof.

14.2 Amendments

This Agreement may not be modified or amended except in writing and signed by both Parties.

14.3 Waiver

No waiver by either Party of any breach of any provision of this Agreement shall be construed as a waiver of any subsequent breach of the same or any other provision hereof.

14.4 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15. Termination

15.1 Termination by GrowthApp

GrowthApp reserves the right to terminate this Agreement and/or the Customer’s access to the Purchased Services and/or Services at any time without prior notice if the Customer breaches this Agreement or any applicable laws or regulations. GrowthApp may also terminate this Agreement if it ceases to provide the Services or Purchased Services. In such cases, GrowthApp will refund any prepaid fees covering the remainder of the term after the effective date of termination.

15.2 Termination by Customer

The Customer may terminate this Agreement at any time by providing GrowthApp with 30 days’ written notice. Upon termination, the Customer’s access to the Services and Purchased Services will be disabled, and any data stored on GrowthApp’s systems will be permanently deleted, unless otherwise required by law.

15.3 Effect of Termination

Upon termination of this Agreement for any reason, the Customer shall immediately cease all use of the Services and Purchased Services. The Customer shall not be entitled to any refund of fees already paid unless otherwise specified in this Agreement.

16. Data Protection

GrowthApp shall implement appropriate technical and organizational measures to protect the personal data provided by the Customer from unauthorized access, disclosure, alteration, and destruction. GrowthApp shall comply with all applicable data protection laws and regulations in processing the Customer’s personal data. The Customer acknowledges and agrees that GrowthApp may process personal data in accordance with its Privacy Policy.

17. Confidentiality

17.1 Confidential Information

Each Party agrees to keep confidential and not disclose to any third party any confidential or proprietary information disclosed by the other Party during the term of this Agreement, except as required by law or with the prior written consent of the disclosing Party.

17.2 Exceptions

Confidential information does not include information that:

1. Is or becomes publicly known through no fault of the receiving Party.
2. Is lawfully received from a third party without restriction on disclosure.
3. Is independently developed by the receiving Party without use of the disclosing Party’s confidential information.

18. Indemnification

The Customer agrees to indemnify, defend, and hold harmless GrowthApp, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from the Customer’s use of the Services and/or Purchased Services, violation of this Agreement, or infringement of any intellectual property or other right of any person or entity.

19. Third-Party Services

The Services and/or Purchased Services may include integrations or links to third-party services and websites. GrowthApp does not control or endorse these third-party services and is not responsible for their content, privacy policies, or practices. The Customer’s use of third-party services is at their own risk, and GrowthApp shall not be liable for any damages or losses arising from the Customer’s use of such services.

20. Modifications to the Agreement

GrowthApp reserves the right to modify or amend these Terms of Service at any time. Any changes to the Agreement will be effective immediately upon posting on the Website. The Customer’s continued use of the Services and/or Purchased Services after the posting of the modified Agreement constitutes the Customer’s acceptance of the changes. It is the Customer’s responsibility to review the Agreement periodically for changes.

21. Contact Information

If you have any questions about these Terms of Service, please contact us at:

GrowthApp Inc

1007 N Orange St. 4th Floor Ste 1382
Wilmington, Delaware 19801

United States
Email: Support@growthapp.ai