Terms and Conditions
Last Updated: 06 May, 2024
Last Updated: 06 May, 2024
GrowthOptix Inc. ("GrowthOptix") operates the GrowthOptix service, which we hope You (the "Customer," "You," or "Your") use. By using the Service, You agree to do so responsibly. If You violate the Terms, Your account may be terminated.
Paid accounts are billed monthly or annually, based on Your selection. You may cancel at any time, but payments are non-refundable.
You retain ownership of the data You provide to GrowthOptix, and are responsible for its accuracy. GrowthOptix secures it within our systems.
These Terms and our pricing may change. We’ll notify You 30 days in advance of price changes and inform You of material changes to the Terms or Service.
You must read and agree to all terms below before using our website, application, or services.
This document is an adaptation of the Heroku Terms of Service, which is turn an adaptation of the Google App Engine Terms of Service . The original work has been modified with permission under the Creative Commons Attribution 3.0 License . This version has been significantly modified by GrowthOptix, which is not affiliated with or endorsed by either Heroku or Google.
Your use of the GrowthOptix service is governed by these Terms. The "Service" includes our website (https://growthoptix.com/), blog, API, and other software or services provided by GrowthOptix.
By using the Service, You agree to these Terms. If You do not agree, do not use the Service.
GrowthOptix may update these Terms periodically. If You continue to use the Service after changes are posted, You accept those updated Terms.
Contact us with questions at: say-hello@growthoptix.com
- You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.
- You may not use the service unless you are over the age of 13.
- You must be a human. Account created by automated methods are not permitted.
- You must provide accurate and complete registration information any time You register to use the Service.
- You are responsible for the security of Your passwords and for any use of Your account.
- Your use of the Service must comply with all applicable laws, regulations and ordinances.
- You agree to not engage in any activity that interferes with or disrupts the Service.
- GrowthOptix reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in GrowthOptix disabling or throttling Your usage of the Service for any amount of time.
- You may not allow multiple people to use the same account or otherwise access the Service in a manner intended to avoid incurring fees.
Scope of Use: "Use" of the Service means accessing, viewing, or interacting with any portion of the Service in accordance with these Terms. You may only use the Service for lawful purposes and in accordance with any documentation, limitations, or technical constraints provided by GrowthOptix.
Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. You consent to the use of Your data in accordance with this policy.
The Service may be provided to You without charge up with certain limits or for a certain “trial” period of time.
- Usage over this limit (or after the “trial” period) or requires Your purchase of additional resources or services.
- For all purchased resources and services, we will charge Your credit card on a monthly basis.
- Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- Charges are solely based on GrowthOptix’s measurements of Your use of the Service, unless otherwise agreed to in writing.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
- You acknowledge and agree that any credit card and related billing and payment information that You provide to GrowthOptix may be shared by GrowthOptix with companies who work on GrowthOptix’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to GrowthOptix and servicing Your account.
- GrowthOptix may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
If the Service allows You to upload content, You retain ownership of that content. By submitting content, You grant GrowthOptix a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute Your content solely for operating and improving the Service.
GrowthOptix is continuously developing and improving its AI Agent, which is a core feature of our solution. To provide the best possible service to our customers, we train our AI using platform-generated data.
We only use data that You generate while using the GrowthOptix platform—such as reports, interactions, campaign performance, and behavioral patterns. We do not use Your end customers' personally identifiable information for training.
Why: This approach allows our AI to deliver deeper insights, better predictions, and faster recommendations tailored to You.
Because: Our goal is to empower You with intelligent automation that evolves with Your business. Responsible data use ensures both privacy and performance.
You are granted a personal, non-exclusive, non-transferable, revocable license to use the Service as intended by these Terms.
Reservation of Rights: Except for the limited license expressly granted to You, no other rights, title, or interest in the Service or its content are granted. All rights not expressly granted are reserved by GrowthOptix and its licensors.
Licensed, Not Sold: The software and content made available through the Service are licensed, not sold, and remain the property of GrowthOptix.
Termination of License: This license terminates automatically if You breach these Terms. Upon termination, You must stop using the Service and destroy any local copies of the content or software.
You may not:
- Reverse engineer, copy, or modify the Service.
- Bypass security or access controls.
- Use bots, spiders, or scrapers to access the Service.
- Reformat or frame our content.
- Impersonate GrowthOptix or collect data from other users.
The Service may integrate with or link to third-party APIs and services (e.g., Stripe, Google, PayPal). These are governed by their respective terms and not by GrowthOptix. Your use of such services is at Your own risk.
The Service and its underlying technology may be subject to U.S. export laws and regulations. You agree not to export or re-export the Service in violation of such laws.
- You must cancel Your account via support request at say-hello@growthoptix.com. Any other emails or phone requests to cancel Your account will not be considered a cancellation.
- You will not receive any refunds if You cancel Your account.
- If You cancel the Service before the end of Your current paid up month, Your cancellation will take effect immediately and You will not be charged again.
- You agree that GrowthOptix , in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that GrowthOptix will not be liable to You or any third party for such termination.
You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place GrowthOptix under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
- You acknowledge and agree that the Service may change from time to time without prior notice to You.
- Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
- GrowthOptix shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
The Service may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that GrowthOptix is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
The Service may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that GrowthOptix is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
All of the content available on or through the Service, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, is owned and/or controlled by GrowthOptix, or other licensors or Service users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Service and any underlying technology or software used in connection with the Service contain our proprietary information.
Subject to and conditioned upon Your compliance with these Terms, we grant to you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to You by GrowthOptix as part of the Service as provided to You by GrowthOptix. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by GrowthOptix, in the manner permitted by the Terms.
You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by GrowthOptix, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Service.
Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern Your agreement with GrowthOptix for the use of the components of the Service released under an open source license.
You may not use the Service in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other users’ use or enjoyment of the Service.You may not attempt to gain unauthorized access to any of the Service, member accounts, or computer systems or networks, through hacking, password mining or any other means.
Without limiting anything else contained herein, You agree that You shall not (and You agree not to allow any third party to):
- remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through the Service or in any content or other material obtained via the Service;
use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
- reformat or frame any portion of the web pages that are part of the Service;
- use the Service for commercial purposes not permitted under these Terms;
- create user accounts by automated means or under false or fraudulent pretenses;
- attempt to defeat any security or verification measure relating to the Service;
- provide or use tracking or monitoring functionality in connection with the Service, including, without limitation, to identify other users’ actions or activities;
- impersonate or attempt to impersonate GrowthOptix or any employee, contractor or associate of GrowthOptix, or any other person or entity; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
GrowthOptix respects the intellectual property of others and requires that our users do the same. It is our policy to terminate the membership of repeat infringers. If You believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Copyright Agent listed below:
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the GrowthOptix Service (providing the URL(s) of the claimed infringing material satisfies this requirement);
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and an email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by You, made under penalty of perjury, that the above information in Your notification is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- your physical or electronic signature.
Our Designated Copyright Agent for notification of claimed infringement can be reached at GrowthOptix, Inc., Attn: Copyright Infringement, 600 B Street 300, San Diego, CA 92101, say-hello@growthoptix.com
The Service may contain advertisements and/or links to other websites (“Third Party Sites”). GrowthOptix does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If You decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, You do so at Your own risk. Once You access a Third Party Site through a link on our Site, You may no longer be protected by these Terms of Service and You may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which You navigate from the Site, or relating to any software You use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. GrowthOptix bears no responsibility for any action associated with any Third Party Site.
IF YOU ACCESS THE SERVICE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SERVICE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SERVICE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, GROWTHOPTIX MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SERVICE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. GROWTHOPTIX DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SERVICE WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL GROWTH OPTIX, ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SERVICE OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You agree to hold harmless and indemnify GrowthOptix, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, or (c) Your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, GrowthOptix will provide You with written notice of such claim, suit or action.
The Terms, including the Privacy Policy, constitute the whole legal agreement between You and GrowthOptix and govern Your use of the Service and completely replace any prior agreements between You and GrowthOptix in relation to the Service.
If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The failure of GrowthOptix to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You agree that if GrowthOptix does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GrowthOptix has the benefit of under any applicable law), this will not be taken to be a formal waiver of GrowthOptix’s rights and that those rights or remedies will still be available to GrowthOptix .
GrowthOptix shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
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