Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Growthiqo (“Company,” “we,” “our,” or “us”) governing your access to and use of the growthiqo.com website (the “Site”) and all related growth engineering services, tools, and infrastructure (collectively, the “Services”).

By accessing or using the Site or Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree with these Terms, you must not access or use the Site or Services.

2. Description of Services

Growthiqo provides compute-driven growth infrastructure services, including but not limited to: predictive churn mitigation through machine learning models, omnichannel engagement deployment across email, SMS, and in-app channels, and cognitive conversion rate optimization using real-time behavioral analysis. The specific scope of Services provided to each Client shall be defined in a separate Statement of Work (“SOW”) or service agreement.

3. Eligibility

The Services are intended for use by businesses and professionals. You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Services. By using the Site and Services, you represent and warrant that you meet these eligibility requirements.

4. Account Registration and Security

Certain features of our Services may require you to register an account or provide personal and business information through our onboarding process. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

5. Client Obligations

As a Client of Growthiqo, you agree to:

• Provide timely access to necessary systems, data, and personnel required for service delivery.
• Ensure that all data provided to Growthiqo has been collected in compliance with applicable laws and regulations, including privacy laws.
• Not use the Services for any purpose that is unlawful, harmful, or in violation of these Terms.
• Not attempt to reverse-engineer, decompile, or disassemble any proprietary algorithms, models, or infrastructure components provided as part of the Services.
• Maintain adequate security measures for any integrations or API connections established with our infrastructure.

6. Intellectual Property

All content, features, and functionality of the Site — including but not limited to text, graphics, logos, icons, images, code, algorithms, machine learning models, and software — are the exclusive property of Growthiqo or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Client retains ownership of all data provided to Growthiqo for the purpose of service delivery (“Client Data”). Growthiqo retains ownership of all proprietary methodologies, algorithms, models, and infrastructure components developed or deployed during the engagement, including derivative models trained on anonymized aggregate data.

7. Fees and Payment

Fees for the Services shall be as set forth in the applicable SOW or service agreement. Unless otherwise specified, all fees are quoted in United States Dollars and are due within 30 days of invoice date. Late payments shall accrue interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. Growthiqo reserves the right to suspend Services for accounts with overdue balances exceeding 60 days.

8. Confidentiality

Both parties acknowledge that during the course of engagement, they may receive confidential information from the other party. Each party agrees to hold all confidential information in strict confidence and not to disclose it to any third party without the prior written consent of the disclosing party, except as required by law or as necessary to perform obligations under these Terms. This obligation survives termination of the engagement for a period of three (3) years.

9. Service Level Commitments

Growthiqo commits to maintaining platform availability of 99.9% on a monthly basis, measured across all production infrastructure. In the event of downtime exceeding the committed service level, Clients may be eligible for service credits as detailed in the applicable SOW. Scheduled maintenance windows are excluded from availability calculations and will be communicated with at least 48 hours advance notice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROWTHIQO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

IN NO EVENT SHALL GROWTHIQO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE TOTAL FEES PAID BY CLIENT TO GROWTHIQO DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Growthiqo and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of any applicable law or regulation, or (d) any data provided by you that infringes upon or violates the rights of any third party.

12. Termination

Either party may terminate the engagement by providing 30 days written notice to the other party. Growthiqo reserves the right to immediately suspend or terminate access to the Services without liability if you breach any provision of these Terms. Upon termination, all rights granted to you under these Terms shall immediately cease. Sections relating to intellectual property, confidentiality, limitation of liability, and indemnification shall survive termination.

13. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GROWTHIQO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WHILE WE STRIVE FOR HIGH PREDICTIVE ACCURACY AND PERFORMANCE, ALL METRICS AND RESULTS ARE DEPENDENT ON MULTIPLE FACTORS INCLUDING CLIENT DATA QUALITY AND MARKET CONDITIONS.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

15. Modifications to Terms

Growthiqo reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site and updating the “Last Updated” date. Your continued use of the Site or Services following any modifications constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

17. Entire Agreement

These Terms, together with the applicable SOW and our Privacy Policy, constitute the entire agreement between you and Growthiqo regarding the use of the Site and Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

18. Contact

For questions or concerns regarding these Terms, please reach out through our contact form. We will respond to all inquiries within a reasonable timeframe.