Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between Growthify Labs LLC, a Wyoming limited liability company doing business as Growthify Media ("Growthify," "we," "our," or "us"), and the business entity or authorized representative accessing our Site (defined as https://growthifylabs.com and all of its subdomains) or engaging our services ("Client" or "you").

By accessing https://growthifylabs.com, including any of its subdomains, requesting services, or executing a service agreement with us, you agree to be bound by these Terms. If you do not agree, you may not use our Site or services.

2. Services

Growthify provides full-stack marketing and lead generation services to business clients, including but not limited to:

• Cold email outreach and email marketing campaigns
• Cold and warm calling and prospecting
• Lead nurturing and pipeline development
• Search engine optimization (SEO)
• Paid search advertising (PPC/SEM)
• Digital marketing strategy and execution
• Multi-channel outreach and demand generation

The specific scope of services, deliverables, timelines, and fees applicable to a Client engagement will be set forth in a separate Statement of Work, proposal, or service agreement executed between the parties, which is incorporated into these Terms by reference.

3. Eligibility

Our services are available exclusively to business entities and their authorized representatives. By accepting these Terms, you represent and warrant that: (a) you are authorized to enter into this agreement on behalf of a legal business entity; (b) you are at least 18 years of age; and (c) your use of our services will comply with all applicable laws and regulations.

4. Intellectual Property

4.1 Growthify's Proprietary Tools and Systems

All tools, software, systems, frameworks, methodologies, processes, templates, databases, automation scripts, technology infrastructure, and internal platforms used by Growthify to deliver services (collectively, "Growthify Tools") are and shall remain the sole and exclusive intellectual property of Growthify Labs LLC. No Client engagement, payment, or service relationship shall be construed as a transfer, license, or assignment of any ownership rights in or to the Growthify Tools.

Clients receive no rights, express or implied, to access, use, copy, reverse engineer, or replicate any Growthify Tool, regardless of how integral such tools are to the delivery of services.

4.2 Client Ownership of Deliverables

Subject to full payment of all applicable fees, Growthify assigns to the Client all right, title, and interest in and to the specific, client-facing deliverables produced for such Client ("Deliverables"), including but not limited to:

• Lead lists and prospect databases generated for the Client's campaigns
• Written copy, creative assets, and campaign content created for the Client
• Reports, analyses, and campaign performance data
• Other materials specifically produced and billed as deliverables under a Client's agreement

For the avoidance of doubt, Deliverables do not include any underlying Growthify Tools, systems, or processes used in their creation. Growthify retains a perpetual, royalty-free license to use anonymized or aggregated data derived from Client campaigns for internal benchmarking and service improvement purposes.

4.3 License to Client Materials

Client grants Growthify a limited, non-exclusive license to use Client's brand assets, messaging guidelines, and other materials provided by Client solely for the purpose of performing the agreed services. Growthify will not use Client materials for any other purpose without prior written consent.

5. Payment Terms

Fees, payment schedules, and billing terms are specified in each Client's service agreement or Statement of Work. Unless otherwise agreed in writing:

• Invoices are due within fourteen (14) days of issuance.
• Late payments may accrue interest at the rate of 1.5% per month (18% annually) on the outstanding balance.
• Growthify reserves the right to suspend services for accounts more than 30 days past due.
• Fees are non-refundable except as expressly provided in the applicable service agreement.

Accepted payment methods include credit/debit cards via Stripe, ACH transfers via Mercury, QuickBooks-issued invoices, and wire transfers. Clients are responsible for all applicable taxes, wire fees, and transaction charges.

6. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the services, including but not limited to business strategies, client lists, pricing, financial data, and technical information ("Confidential Information"). Neither party shall disclose Confidential Information to any third party without prior written consent, except as required by law or to fulfill obligations under these Terms using employees or contractors bound by equivalent confidentiality obligations.

Confidentiality obligations survive termination of the parties' relationship for a period of three (3) years.

7. Representations and Warranties

Each party represents and warrants that: (a) it has full authority to enter into these Terms; (b) its performance will comply with all applicable laws and regulations; and (c) it will not engage in any deceptive, fraudulent, or unlawful practices in connection with the services.

Client further warrants that all materials, data, and instructions provided to Growthify are accurate, lawfully obtained, and do not infringe any third-party intellectual property or privacy rights.

8. Prohibited Uses

Clients may not use Growthify's services to:

• Violate any applicable local, state, federal, or international law or regulation.
• Send unsolicited communications in violation of the CAN-SPAM Act, TCPA, GDPR, or other applicable anti-spam or privacy laws.
• Transmit any material that is defamatory, harassing, obscene, or otherwise objectionable.
• Infringe upon the intellectual property, privacy, or other rights of any third party.
• Attempt to gain unauthorized access to Growthify's systems, tools, or infrastructure.
• Resell, sublicense, or transfer Growthify's services to third parties without prior written authorization.

9. Disclaimers

10. Limitation of Liability

11. Indemnification

Client agrees to indemnify, defend, and hold harmless Growthify Labs LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's breach of these Terms; (b) Client's violation of applicable law; (c) Client's materials or instructions provided to Growthify; or (d) any claim that Client's products, services, or business practices infringe any third-party right.

12. Term and Termination

These Terms remain in effect for the duration of any active service engagement. Either party may terminate a service engagement upon the notice period specified in the applicable service agreement. Growthify reserves the right to terminate services immediately upon written notice if: (a) Client breaches these Terms and fails to cure such breach within 10 days of notice; (b) Client becomes insolvent or files for bankruptcy; or (c) Client engages in conduct that is unlawful or harmful to Growthify's reputation or operations.

Upon termination, Client shall pay all fees accrued through the termination date. Sections 4, 6, 7, 9, 10, 11, 13, 14, and 15 shall survive termination.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or the services shall first be subject to good-faith negotiation between the parties for a period of thirty (30) days following written notice of the dispute. If the dispute is not resolved through negotiation, the parties agree to submit to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Houston, Texas. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction in Houston, Texas to prevent irreparable harm.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify Clients via email or by updating the effective date on our Site. Continued use of our services following notice of changes constitutes acceptance of the updated Terms. If you do not agree to modified Terms, you may terminate your engagement with us on the notice required under your service agreement.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with any applicable Statement of Work or service agreement, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior discussions, representations, and agreements.

15.2 Severability

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

15.3 Waiver

Failure by either party to enforce any provision of these Terms shall not constitute a waiver of such party's right to enforce such provision or any other provision in the future.

15.4 Assignment

Client may not assign these Terms or any rights hereunder without Growthify's prior written consent. Growthify may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

15.5 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including natural disasters, governmental actions, cyberattacks, or telecommunications failures.

15.6 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties. Growthify is an independent contractor.

16. Contact Information

For questions regarding these Terms, please contact: