Terms and Conditions
These Terms are subject to any other written agreement between you and Growthable and/or any Growthable policy that is applicable to you, including our Privacy Policy.
1.1 These Terms govern the supply of the Platform by Growthable LLC to you under the commercial terms outlined in the Proposal.
1.2 These Terms prevail over any other terms or conditions that may be communicated to you, whether in writing or orally agreed.
1.3 These Terms may only be waived or modified in writing, signed by or expressly approved by a director of Growthable LLC.
2.1 In these Terms, the following expressions have the meanings set out below:
3.1 In these Terms:
(a) Capitalized terms shall have the meanings given in clause 2.1 unless otherwise indicated by the context. (b) References to a person include any individual, corporate body, unincorporated association, or partnership. (c) The singular includes the plural and vice versa. (d) References to clauses or schedules refer to clauses or schedules of these Terms unless otherwise stated. (e) References to legislation are to U.S. federal law and the law of the state of Colorado, and include any amendments or re-enactments.
4.1 Billing and Payment Methods
4.2 Subscription Plans
4.3 Automatic Renewal
4.4 Taxes
4.5 Late Payments
5.1 You may terminate your subscription at any time by completing a change request here. If you notify us of a change before you billing cycle resets then you will upgrade/downgrade on your next billing cycle via proration. Your billing cycle will remain the same and our billing and finance team will notify you of the new billing cycle amount payable after your subscription changes. Cancellation requests must be received 30 days prior to the end of your billing cycle. If we receive notification of cancellation then you will still receive a charge for the last billing period.
5.2 In the event of termination, no refunds will be issued. Any credit balance will remain in your account for 180 days post-termination and may be used if the account is reactivated within that period. After 180 days, remaining credits will be forfeited.
5.3 For the Dedicated Plan, termination must comply with the minimum commitment term outlined in the enterprise agreement.
5.4 Termination, for reasons of real or percieved “non-use” is non-refundable.
5.5 Termination for reasons of Growthable breaching these terms and conditions will be escalated to our finance team and processed according to our finance policy which can include a full refund.
5.6 Chargebacks will be aggressively disputed with your credit card company on the grounds that we deliver our service to you upon receiving your installation code, installing it and agreeing to our terms and conditions at the time you sign up, and again when you completed our onboarding survey.
6.1 You acknowledge that Growthable (and/or its licensors) owns all Intellectual Property Rights in the Platform, Technology, and related materials unless proprietary to a third party.
6.2 Growthable reserves all rights not expressly granted under these Terms. No rights to the Technology or improvements to the Technology are granted to you.
6.3 You may not republish, sell, rent, sub-license, reproduce, or redistribute any material from Growthable or the Platform unless expressly created for redistribution.
6.4 Any improvements or modifications to the Technology resulting from your use of the Platform will be exclusively owned by Growthable ("New IP").
6.5 Unless otherwise agreed in writing, you grant Growthable a non-exclusive, irrevocable, perpetual, royalty-free license to use your pre-existing intellectual property ("Background IP") solely for the purpose of developing, improving, and commercializing the Technology.
7.1 By using our service, you authorize Growthable to represent your business for the purpose of helping your customers, and you and your employees utilize the HighLevel software platform. All conduct of this representation, including scripts, SOPs and email templates, zoom background images, knowledgebase branding and colors will be pre-approved by you.
7.2 Growthable staff operate by SOP documentation, you agree that any changes to SOP documentation must be explicitly announced to Growthable, and its team. These changes should be approved by your customer success managers verbally or in writing prior to our team agreeing to implement said changes.
7.3 In the event Growthable does not comply with a task, item or interaction with a client that was previously agreed upon between you and Growthable, then no complaint, refund or management actions will be taken. The responsibility of maintain your onboarding SOP and live chat SOP is that of you and your organization
8.1 When using the Product, you agree to:
(a) Comply with U.S. federal law and the laws of the state of Colorado at all times; (b) Not interfere with Growthable’s systems or transmit malware; (c) Not use unauthorized automated means to access the Product; (d) Not attempt to undermine the security of the Product or gain unauthorized access.
9.1 You acknowledge that any reliance on information obtained through the Platform is at your own risk, and you are solely responsible for your actions.
9.2 Email and phone support is provided during Growthable's business hours. Unless otherwise agreed, all support will be charged at Growthable’s standard hourly rate.
9.3 To the extent permitted by law, Growthable is not responsible for:
(a) The conduct of other Users; (b) Any inaccuracies in information displayed on the Platform; (c) Errors, interruptions, or corruption in the Platform.
9.4 The Platform is provided "as is" and "as available." Growthable disclaims all implied warranties, including those of merchantability and fitness for a particular purpose.
9.5 Growthable is not liable for any damages arising from the use of or inability to use the Platform.
9.6 Growthable’s maximum liability to you shall not exceed the Monthly Price.
These Terms do not exclude, restrict, or modify any rights or remedies you may have under U.S. federal or Colorado state law.
You will indemnify Growthable against any loss, cost, or damage arising from:
(a) Your breach of these Terms; (b) Claims that User Content infringes third-party intellectual property rights; (c) Any third-party claims related to your use of the Platform.
If you are a "consumer" under U.S. law, nothing in these Terms is intended to limit your statutory rights.
In the event of a dispute, you agree to engage in good faith discussions to resolve the issue. Growthable will seek to maintain live campaigns during this process.
Your use of the Product is subject to Growthable's Privacy Policy. By using the Product, you consent to the collection, use, storage, and distribution of your personal and Confidential Information as described in the Privacy Policy.
15.1 Growthable will:
(a) Keep your Confidential Information confidential; (b) Take reasonable steps to secure your Confidential Information; (c) Not use or disclose your Confidential Information except as necessary to perform our obligations under these Terms.
15.2 Growthable may share your Confidential Information with subcontractors, provided they agree to confidentiality terms equivalent to those in these Terms.
16.1 Growthable is not liable for any lack of performance or failure to comply with these Terms due to causes beyond its control.
16.2 Notices from Growthable, including those relating to these Terms, may be sent electronically.
16.3 Failure to enforce any right under these Terms does not constitute a waiver of that right.
16.4 You may not assign or transfer any rights under these Terms.
16.5 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force.
16.6 These Terms are governed by the laws of the state of Colorado, and the courts of Colorado have exclusive jurisdiction over any disputes.
