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Terms of Service

Last Updated: May 2026

IMPORTANT — PLEASE READ CAREFULLY

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.

THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GROWTHEON, (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT.

ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY AND REFUND POLICY (COLLECTIVELY THE "TERMS"), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND GROWTHEON LLC AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS "GROWTHEON," "WE" OR "US") AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH GROWTHEON RELATED TO THE PLATFORM.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT THEM AND/OR CREATE A PLATFORM ACCOUNT, AND/OR USE OR ACCESS THE PLATFORM. Growtheon reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

Growtheon is only providing the Platform for your business use without any promise of exclusivity. Growtheon's customers, users, affiliate marketers, and partners are not Growtheon's employees, contractors, or representatives. Growtheon is not responsible for any interactions between you and your customers, other than providing access to the Platform. You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

1. Use of the Platform

Restrictions

You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if you are an employee, partner, or director of our Competitors or intend to gain access to the Platform in order to compete with the Platform.

Platform Account Ownership

Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual's trade, craft, or profession. As the individual who accepts these Terms, you are the owner of the Platform Account unless you are acting on behalf of a business entity, in which case, the business entity is the owner. If you accept these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind the business entity to these Terms. In the event of a dispute regarding the ownership of a Platform Account, Growtheon reserves the right to request documentation to determine the rightful owner. Growtheon's determination, made in our sole discretion, will be final and binding on all parties.

Permitted Account and Subaccount Use

Growtheon accounts and subaccounts are provided solely for the internal use of the account holder and for delivering services to the account holder's own paying clients.

Subaccounts may be used to manage businesses, brands, locations, or client projects that are directly managed by the account holder as part of their services.

Accounts and subaccounts may not be transferred, sold, gifted, shared, sublicensed, or otherwise provided to another agency, consultant, SaaS provider, or third party for the purpose of allowing that party to independently operate their own clients or business on the Growtheon platform.

Any agency, consultant, or business wishing to independently operate client accounts on Growtheon must maintain their own Growtheon account.

Growtheon accounts and licenses are non-transferable unless explicitly approved in writing by Growtheon.

Growtheon does not currently support ownership transfers of accounts or subaccounts.

Growtheon reserves the right to suspend, restrict, or terminate any account or subaccount that is used in violation of these terms.

Intended Use

You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that you and your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. Growtheon reserves the right to monitor the use of the Platform by you and your customers. If Growtheon determines, in its sole discretion, that a Sub-Account is engaging in suspicious activity, violating applicable law, or is otherwise in breach of these Terms, Growtheon may request that you suspend or terminate the Sub-Account's access to the Platform. Failure to do so may result in the suspension or termination of your Platform Account. You will not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms; modify, translate, or create derivative works based on the Platform; or remove any proprietary notices or labels.

Compliance

You will be solely responsible for your use of the Platform and Services, including (a) the quality and integrity of any data and other information made available to us by or for you through the use of the Platform, (b) securing and maintaining proper insurance as required, and (c) compliance with all applicable laws and regulations including but not limited to data privacy laws such as the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), and other similar laws and regulations, whether currently in effect or enacted in the future. Growtheon is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws.

Privacy

By using the Platform and providing information on or through the Platform, you consent to Growtheon's use and disclosure of the information in accordance with the Privacy Policy. You agree that Growtheon has no responsibility or liability for the deletion or failure to store any information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own terms of service and Privacy Policy, providing the level of protection at least equal to that provided to you by Growtheon. You are solely responsible for managing and responding to all data subject rights requests from your customers and end users.

Login Credentials

You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Growtheon immediately of any unauthorized access to or use of your Platform Account. Growtheon reserves the right to disable your Login Credentials at any time where reasonably necessary to protect platform operations or in accordance with these Terms.

Use of Communication Services

The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. Separate communication surcharges for these services may apply and will be charged to your invoice. Upon cancellation or termination of your Platform Account, all phone numbers procured through the Platform on your behalf will be released within fourteen (14) days.

Third Party Services

You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. Growtheon is not responsible for, and hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Party Services, including access to, modification of, or deletion of data. Your use of the Third-Party Services is governed by your agreement with such third party. You are solely responsible for reviewing and complying with any terms of use, privacy policies or other terms governing your use of these Third-Party Services, which you use at your own risk.

Platform Provider Role

You acknowledge and agree that Growtheon is a technology platform and communications service provider only. Growtheon provides the software infrastructure that enables you to send communications, but Growtheon does not initiate, create, send, or control the content, timing, or recipients of any communications. All communications sent using the Platform are created and initiated solely by you and/or your customers. You, and not Growtheon, will be deemed the "seller," "telemarketer," "advertiser," or "sender" of all communications for all legal and regulatory purposes.

Your Telecommunications Compliance Obligations

You are exclusively responsible for all communications sent using the Platform and for compliance with all applicable federal, state, and international laws governing marketing, advertising, or communications. This includes, but is not limited to: the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), the CAN-SPAM Act of 2003, all federal and state laws related to do-not-call registries, carrier or telecommunications provider rules including 10DLC registration requirements, and international laws including the GDPR and Canada's Anti-Spam Legislation (CASL). You represent and warrant that you have obtained all necessary consents from recipients before contacting them using the Platform.

Fair Use Policy

Any subscription plans marketed as "unlimited" are subject to this Fair Use Policy. Growtheon provides access to the Platform on a tiered-pricing basis. We have no liability for the effect that your excessive data use may have on performance. If, in Growtheon's sole discretion, we determine that your data use is excessive, abusive, or otherwise exceeds the scope of our Fair Use Policy, or has a negative effect on the Platform in any way, we may throttle, pause, suspend or terminate your use of the Platform or Services, or require you to upgrade your plan.

Platform Updates

Growtheon reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on Growtheon's future delivery or release of any functionality or feature.

Artificial Intelligence Acceptable Use

Before using Artificial Intelligence ("AI") features of the Platform, you must ensure that you are in a jurisdiction that allows AI usage. If you elect to use any AI-based features of the Platform, you are responsible for ensuring that your use complies with all applicable laws and regulations regarding artificial intelligence and automated decision-making.

Platform Integrity and Ecosystem Protection

Growtheon operates a shared technology ecosystem designed to provide stable and reliable access for all users. To preserve platform performance and long-term sustainability, Growtheon reserves the right to review account activity that materially impacts system integrity, infrastructure usage, or marketplace fairness.

Accounts or usage patterns primarily intended to bypass pricing structures, simulate multi-tenant infrastructure within a single workspace, create artificial account networks, or otherwise exploit platform resources beyond intended use may be subject to review, limitation, or suspension.

Growtheon will make commercially reasonable efforts to apply these standards consistently while maintaining flexibility to respond to evolving platform risks.

2. White Labeling and Resale

Resale Restrictions

When reselling access to the Platform, you agree that you are fully liable to your customers for their access to and use of the Platform, and you are solely responsible for the resolution of all customer disputes, support requests, billing issues, and inquiries.

You may not direct your customers to contact Growtheon for any reason, including but not limited to platform support, billing support, onboarding, technical assistance, or account management.

If Growtheon determines, in its sole discretion, that you are consistently failing to provide your customers with adequate support or resolutions, or that your resale practices are creating confusion, reputational harm, excessive support burden, or pricing disruption, Growtheon reserves the right to suspend or terminate your Platform Account.

White Label License

Subject to your continued compliance with these Terms, Growtheon grants you a limited, non-exclusive, non-transferable, and revocable license to use the Platform, including its design and trade dress, as reasonably required for re-branding and reselling access to the Platform under your own white-label brand.

Under this license, portions of the Platform may be modified by you to incorporate your name, logo, trademark, and color scheme within your individual access area. You are solely responsible for all copyright, trademark, branding, and intellectual property concerns related to your customized look and feel.

You are prohibited from representing yourself as a Growtheon employee, partner, agent, representative, or affiliate unless expressly authorized by Growtheon in writing.

Platform Pricing and Resale Standards

Growtheon maintains platform-wide pricing and resale standards to support long-term ecosystem sustainability, brand integrity, product value, and fair competition among agencies.

Minimum Pricing

Platform workspaces may not be advertised, promoted, offered, discounted, bundled, or sold below $97 USD per month per workspace unless expressly authorized by Growtheon in writing.

This minimum pricing requirement applies to all public and private offers, including but not limited to landing pages, sales calls, advertisements, promotional campaigns, email offers, social media posts, checkout pages, invoices, and direct customer agreements.

No Coupons or Discounting

You may not offer coupons, discount codes, temporary price reductions, rebates, credits, cash-back offers, waived fees, bundled discounts, or any other promotion that results in the customer paying less than the minimum required platform price.

Any discounting, couponing, or promotional pricing below the platform minimum is prohibited unless expressly approved by Growtheon in writing.

No Free Trials

You may not offer free trials, free access periods, risk-free trial periods, delayed billing, "try before you pay" offers, or similar promotions for access to the Platform unless expressly authorized by Growtheon in writing.

No Lifetime Access

Lifetime access, one-time payment access, perpetual licenses, or any offer that provides ongoing Platform access without an active recurring subscription is prohibited unless expressly approved by Growtheon in writing.

One Workspace Per Customer

Each customer or business must operate within its own individual workspace. Shared environments intended to simulate unlimited client usage within a single workspace are not permitted.

Additional Workspaces

Customers requiring multiple workspaces must obtain additional subscriptions at standard platform pricing. Agencies may not use one workspace to serve multiple unrelated customers or businesses.

Unlimited Account Marketing Restrictions

Marketing or advertising the Platform as offering unlimited accounts, unlimited workspaces, unlimited subaccounts, unlimited customers, or unlimited client usage is prohibited unless expressly authorized by Growtheon in writing.

Responsible Promotion

Agencies may promote their services through advertising platforms, websites, social media, and direct sales efforts. However, misleading pricing, deceptive claims, unauthorized discounts, free trial offers, lifetime deals, or promotions designed to circumvent Growtheon's pricing standards or platform safeguards are strictly prohibited.

3. Payment and Taxes

Fees and Auto-Renewal

You agree to provide us with accurate and complete billing information and notify us of any changes within 10 days. Your use of the Platform is subject to the timely payment of Fees. Fees may include subscription fees, communication surcharges, add-on service fees, or other usage-based fees. Fee rates and amounts may change from time to time. Fees for subscription services will be billed in advance on a monthly, annual, or lifetime basis depending on your subscription plan until cancelled. By agreeing to these Terms, you acknowledge that your subscription will automatically renew and your payment method will be charged the then-current rates without further authorization from you.

Late Payments

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed, we will re-attempt to charge the card on file. If we are unable to process the transaction, your Platform Account may be force-cancelled for non-payment in Growtheon's sole discretion. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

Cancellations

You may cancel your subscription through your Platform Account or by contacting us at support@growtheon.co. You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs.

Refunds

All Fees assessed by Growtheon are non-refundable, including subscription Fees and communication surcharges, regardless of whether you actually accessed or used the Platform Account or Services during your subscription period, except as outlined in our Refund Policy. Growtheon reserves the right to issue or deny a refund or credit in accordance with these Terms and applicable law. 14-day money-back guarantee. Refunds are handled according to our Refund Policy. Lifetime deals are non-refundable after 14 days from the date of purchase.

Chargeback Abuse Policy

Customers who file chargebacks on valid Growtheon charges after being provided the proper cancellation and refund process may be permanently restricted from using Growtheon.

Growtheon provides a self-serve cancellation and refund request process inside the platform. Customers are responsible for managing their subscriptions directly through their account and for submitting any eligible refund requests through the required platform process. Refunds are only issued according to the refund policy listed on our website.

Filing a chargeback on a valid payment instead of following Growtheon's cancellation and refund process is considered a serious violation of our billing terms. Chargebacks create direct financial loss, additional payment processing costs, account risk, and administrative burden for the business.

If a customer files a chargeback on a valid payment, Growtheon reserves the right to permanently ban the customer, their business, and any related accounts from future use of the platform.

Growtheon also reserves the right to pursue any outstanding balances or losses through available recovery methods, including collections, where applicable. If Growtheon determines that a chargeback was filed fraudulently, dishonestly, or as part of an attempt to obtain services without paying for them, Growtheon may report the matter to the appropriate authorities and provide relevant account, billing, usage, and communication records as supporting documentation.

This policy exists to protect Growtheon from payment abuse, repeated chargeback risk, and fraudulent use of the platform, while ensuring the service remains sustainable for customers who follow the published billing and refund terms.

Taxes

All Fees are exclusive of any sales, VAT, GST and use taxes, levies, fees, duties, and other governmental assessments ("Taxes") unless mentioned otherwise. You are exclusively responsible for Taxes associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. Growtheon reserves the right to calculate and add applicable Taxes to your invoice as legally required. Taxes are nonrefundable.

4. Intellectual Property

Platform Content

The Platform and Platform Content are the property of Growtheon or its licensors and are protected by copyright, trademark and other intellectual property laws. Growtheon grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of Growtheon is strictly prohibited.

Growtheon Marks

Growtheon's name, logo, and marks are trademarks and service marks of Growtheon and may not be used without advance written permission, including but not limited to as part of any company name or domain name or in connection with any product or service not provided by Growtheon, or in any manner likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Growtheon.

User Contributions

User Contributions are considered non-confidential and non-proprietary. You grant Growtheon the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for the sole purpose of fulfilling Growtheon's obligations under these Terms. You retain all rights to your customer data. We claim no ownership over your content. Upon termination, you may export your data.

Feedback

If you provide Feedback, you agree and acknowledge that your submission is voluntary, non-confidential, and gratuitous. You grant Growtheon a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit without restrictions or payment of any kind.

5. Disclaimers

Growtheon makes no guarantees that your business will be profitable and that you will make money using the Platform or the Services.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) CERTAIN FEATURES WILL BE ADDED TO THE PLATFORM, OR (E) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

6. Limitation of Liability and Indemnification

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability, provided however, this limitation will not apply to you if you only use free Services, and in this case, Growtheon's aggregate liability will be limited to one hundred U.S. dollars ($100).

IN NO EVENT SHALL GROWTHEON BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY SERVICES.

You agree to defend, indemnify, and hold Growtheon harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys' fees) directly or indirectly arising from or in any way connected with your use of the Platform, including, but not limited to: (a) our use of or reliance on information supplied by you; (b) any breach of these Terms by you, your employees, agents, or customers; (c) any actual or alleged negligence or willful misconduct by you; (d) actual or alleged violation(s) of applicable law by you; (e) your actions and the actions of your employees, agents, or customers; (f) Taxes and other Fees; and (g) any disputes between you and your customers.

7. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

8. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Growtheon for which monetary damages would not be an adequate remedy, and Growtheon shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

9. Waiver and Severability

No waiver by Growtheon of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

10. Change of Control

Growtheon may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without Growtheon's prior written consent which may be withheld at Growtheon's sole discretion.

11. Entire Agreement

These Terms constitute the sole and entire agreement between you and Growtheon with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of Growtheon.

12. Term and Termination

Term

These Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive termination will remain binding even after you are no longer a Platform user.

Grounds for Termination

You agree that Growtheon, in accordance with these Terms, may suspend or terminate your access to the Platform (or any part thereof) where reasonably necessary to protect platform operations, enforce these Terms, or comply with applicable law, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to the Platform and reporting you to the proper authorities if necessary. Growtheon reserves the right to delete Platform Accounts that have remained inactive for ninety (90) days or more.

Data Retention After Termination

Following the termination or cancellation of your Platform Account, Growtheon will retain any data associated with your account for a period of ninety (90) days. During this period, you may have the option to reactivate your account to regain access to your data. After this ninety (90) day period, Growtheon reserves the right to permanently delete all of your data from our systems. This process is irreversible, and Growtheon will not be liable for any loss of data resulting from such deletion.

Force Majeure

We shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control.

13. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the Commonwealth of Pennsylvania will govern these Terms of Service and any disputes arising under them, without regard to conflict of law principles. These Terms may be translated into different languages — only the English version is valid and enforceable.

Any controversy or claim arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. Arbitration proceedings shall take place within the Commonwealth of Pennsylvania unless otherwise agreed in writing by the parties. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

14. Communications and Contact Information

All notices to a party shall be in writing and shall be made via email. Notices to Growtheon must be sent to legal@growtheon.co. You agree to allow us to submit notices to you through the email address you provided when registering. Notices are effective on receipt.

For all feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at:

Growtheon LLC

ATTN: Legal Department

Email: legal@growtheon.co

Support: support@growtheon.co

Website: growtheon.co

15. Definitions

  • "Communication Surcharges" means any applicable communications service or telecommunication provider fees or surcharges related to your use of the Platform.
  • "Competitor" shall include, but not be limited to, any entity carrying on a business of marketing and sales platform, SaaS, or any entity offering one or more services offered by the Platform, as determined by Growtheon in its sole discretion. Growtheon customers who white-label and resell the Platform are not Competitors.
  • "Feedback" means ideas you provide to Growtheon regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other services related to Growtheon's business.
  • "Fees" means any fees associated with the Platform, including but not limited to subscription fees and any fees associated with add-on Services that you may purchase.
  • "Growtheon Marks" means the Growtheon name and related logos and service marks of Growtheon.
  • "Information" means data about you and your customers that Growtheon collects on the Platform, including information required to create a Platform Account.
  • "Login Credentials" means the username and password used to access your Platform Account, including API keys and access to third party integrations used with the Platform.
  • "Platform" means any Services, content, functionality, communication channels, and software or other services offered to customers on or through Growtheon's website or application.
  • "Platform Account" means the account you created in order to access and use the Platform.
  • "Platform Content" means content, data, features, and functionality that can be viewed on the Platform. Platform Content does not include User Contributions.
  • "Services" means the variety of product integrations and services that Growtheon makes available on the Platform.
  • "Sub-Account" means a subscription for one business under a Platform Account.
  • "Third Party Services" means third-party websites, databases, networks, servers, applications, or products or services offered by a third party through the Growtheon Platform.
  • "User Contributions" means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform.
  • "You" or "you" means the individual who accepted the Terms or the business entity that the individual represents, including any agents, employees, or authorized third parties.

Exhibit A — Code of Conduct

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which Growtheon may immediately suspend or terminate your Platform Account:

  • Use of the Platform in any way that violates any applicable law or regulation.
  • Use of the Platform in a country that prohibits or restricts the use of Artificial Intelligence.
  • Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
  • Use of the Platform to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
  • Use of the Platform to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation without proper consent.
  • Use of the Platform to impersonate or attempt to impersonate Growtheon, a Growtheon employee, another user, or any other person or entity.
  • Use of the Platform to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which may harm Growtheon or users of the Platform.
  • Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform.
  • Use of any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Introduction of any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

Additional Enforcement & Platform Protection Clauses

Right to Refuse or Discontinue Service

Growtheon reserves the unrestricted right, at its sole discretion, to refuse service, deny access, restrict access, suspend accounts, or permanently terminate accounts, subscriptions, memberships, workspaces, or platform usage at any time where Growtheon determines that continuing the customer relationship presents operational, legal, reputational, financial, security, support, infrastructure, or business risk.

Nothing in these Terms shall be interpreted as creating an obligation for Growtheon to continue providing services to any individual, organization, or account indefinitely.

Abuse, Harassment & Threatening Conduct

Customers may not engage in abusive, threatening, hostile, harassing, coercive, defamatory, intimidating, or otherwise inappropriate conduct toward Growtheon, its employees, contractors, affiliates, partners, vendors, community members, or users.

Prohibited conduct includes, but is not limited to:

  • Threats of reputational harm, coordinated complaints, or public attacks intended to coerce refunds, discounts, exceptions, policy reversals, or special treatment.
  • Harassing, abusive, insulting, or hostile communications directed toward support staff or company representatives.
  • Repeated bad-faith escalation attempts after a final decision has been communicated.
  • Defamatory or knowingly false public statements regarding Growtheon, its staff, products, policies, or operations.
  • Attempts to intimidate staff through social pressure, follower counts, review threats, or public campaigns.

Growtheon reserves the right to suspend or permanently terminate accounts engaged in such conduct without refund.

Bad-Faith Refund & Chargeback Activity

Customers agree not to misuse refund systems, payment disputes, chargebacks, or public pressure tactics to obtain refunds, credits, concessions, or policy exceptions not otherwise permitted under Growtheon's official policies.

Growtheon reserves the right to deny refunds, dispute chargebacks, terminate accounts, restrict future purchases, and refuse future service where Growtheon reasonably determines that a customer has engaged in:

  • Fraudulent or abusive refund behavior,
  • Misrepresentation of platform terms or features,
  • Bad-faith billing disputes,
  • Repeated attempts to circumvent published policies,
  • Abuse of payment processors,
  • Or coordinated reputational pressure intended to force exceptions outside standard policy.

Discretionary Courtesy Exceptions

Any refund, credit, extension, concession, reinstatement, or accommodation issued outside of Growtheon's standard policies shall be considered a discretionary courtesy exception made solely at Growtheon's discretion.

Courtesy exceptions:

  • do not modify the Terms,
  • do not create precedent,
  • do not waive future enforcement rights,
  • and do not entitle any customer to similar treatment in future situations.

Growtheon reserves the right to issue discretionary resolutions while simultaneously restricting or terminating future access to the platform.

Final Decision & Support Closure

Growtheon reserves the right to designate support matters, billing disputes, refund requests, policy disputes, or account reviews as resolved and closed following final review.

Repeated demands, harassment, duplicate tickets, or continued escalation attempts after a final decision may result in communication restrictions, account suspension, or permanent termination.

Public Statements & Defamation

Nothing in these Terms restricts lawful good-faith reviews, opinions, or fair commentary.

However, customers agree not to knowingly publish false, misleading, fabricated, defamatory, malicious, or materially inaccurate statements regarding Growtheon, its employees, products, services, policies, or business operations.

Growtheon reserves all legal rights and remedies regarding knowingly false or defamatory statements.

Official Communication Responsibility

Customers are solely responsible for ensuring communications are sent to Growtheon's officially published support channels and domains.

Growtheon shall not be responsible for:

  • failed delivery to incorrect email addresses,
  • misspelled domains,
  • unauthorized third-party contact methods,
  • or customer errors involving unofficial communication channels.

Failure to properly contact official support channels does not create exceptions to refund eligibility requirements, deadlines, or policy enforcement.

Reservation of Enforcement Rights

Growtheon reserves all rights to investigate, document, escalate, enforce, dispute, defend against, or respond to any conduct it reasonably believes violates these Terms or creates risk to the platform, business, staff, infrastructure, partners, users, or community.

Enforcement decisions may include:

  • warnings,
  • account restrictions,
  • removal of platform access,
  • permanent bans,
  • payment dispute defense,
  • legal escalation,
  • or refusal of future service.