These Terms of Service ("Terms") are a binding legal agreement between Growth Systems LLC, a Florida limited liability company ("Growth Systems," "we," "us," or "our"), and you, the individual or entity using our services ("you," "Client," or "your"). By purchasing, accessing, or using any of our services — or by otherwise agreeing to these Terms — you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
IMPORTANT: These Terms include a binding arbitration provision and a class action waiver in Section 19. Please read them carefully.
1. Definitions
- Account — your registered account for our services.
- Client Content — text, images, logos, business information, customer lists, leads, and any other materials you provide to us or upload through our services.
- Platform — the software, tools, and infrastructure we use to provide our services, including the third-party marketing and CRM environment (GoHighLevel) we configure and operate on your behalf.
- Services — the websites, marketing systems, automations, messaging, communication systems, and related services we provide to you.
- Subscription — your recurring payment arrangement for the Services.
2. Eligibility and Account
You must be at least 18 years old and able to enter into a binding contract to use our Services. If you use the Services on behalf of a business, you represent that you are authorized to bind that business. You agree to provide accurate information and to keep your account information current. You are responsible for all activity under your account.
3. Services
We provide marketing technology, websites, automations, communication systems, and related services to local and small businesses. The exact features available to you depend on your selected plan. We may add, modify, or discontinue features from time to time, and we will not materially reduce the core functionality of your active Subscription without notice.
4. Plans, Pricing, and Setup Fees
Pricing for the Services is as presented to you at the time of purchase or as set out in a separate order or proposal. We may offer monthly and longer-term plans, and certain plans may include or waive a setup fee as described at the time of sale. Pricing is subject to change; we will give you reasonable advance notice of any price increase, which will take effect on your next billing cycle.
5. Billing, Auto-Renewal, and Payment
- Advance billing. Subscription fees are billed in advance of the service period.
- Auto-renewal. Your Subscription automatically renews at the then-current rate at the end of each billing cycle until you cancel.
- Payment method. Payments are processed by our third-party payment processor, Stripe. By providing a payment method, you authorize us to charge that method for all amounts due, including Subscription fees, applicable usage charges, and applicable taxes.
- Taxes. All fees are exclusive of taxes. You are responsible for any sales, use, or similar taxes other than taxes on our income.
6. Usage-Based and Pass-Through Charges
In addition to your Subscription fee, you may incur usage-based or pass-through charges for items such as phone numbers, text messaging, voice calls, email sending, and similar third-party costs. These charges are based on your actual usage and the rates of the underlying providers, and may change with notice.
7. No Refund Policy
All payments to Growth Systems are final and non-refundable, including Subscription fees, setup fees, usage charges, and any prepaid amounts. By purchasing, you acknowledge that our Services are custom-built and immediately initiated upon payment, and that work and resources are committed on your behalf as soon as your engagement begins.
8. No Chargebacks
You agree not to initiate a chargeback or payment dispute for Services rendered. Filing a chargeback is a material breach of these Terms. If you believe there is a billing error, you agree to contact us first to resolve it. We reserve the right to submit evidence of your agreement to these Terms and your use of the Services to your card issuer, to suspend or terminate your account, and to pursue recovery of disputed amounts plus associated costs.
9. Service Delivery
Services are considered delivered and rendered once we begin work on your engagement, including when your website or system has been set up, configured, or made available to you. Standard build timelines are estimates only and begin after we receive the information we need from you. Your timely cooperation, including completing any onboarding form and providing requested materials, is a prerequisite to delivery.
10. Payment Failures and Suspension
If a payment fails, we may retry the charge and may suspend your account and access to the Platform until the balance is paid. If a balance remains unpaid for an extended period, we may terminate your account and remove or archive your Client Content. Suspension does not relieve you of the obligation to pay outstanding amounts.
11. Cancellation
You may cancel your Subscription at any time by contacting us. Cancellation becomes effective at the end of your current billing cycle, and you will not be charged for subsequent cycles. Cancellation does not entitle you to a refund of any prepaid amounts or unused portion of a billing cycle.
12. Intellectual Property and Ownership
12.1 Our IP. The Platform, our software, our website templates, our automations, our marketing materials, our brand, and all underlying technology and intellectual property are owned by Growth Systems or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform and Services solely for your internal business purposes during your active Subscription. All rights not expressly granted are reserved.
12.2 Your Content. You retain ownership of your Client Content. You grant us a non-exclusive, worldwide, royalty-free license to host, copy, display, and process your Client Content as necessary to provide the Services.
12.3 Websites, Systems, and Automations on Termination. The websites, systems, automations, workflows, and configurations we build and operate for you are provided as part of the Services and run on our Platform and infrastructure. Your right to use them continues only for as long as your Subscription is active. Upon termination or cancellation of your Subscription for any reason, your right to use the website, systems, and automations ends, and we are not obligated to transfer, export, hand off, or provide copies of any website source code, themes, templates, automations, workflows, or Platform configurations to you or any third party. This reflects that you are purchasing an ongoing, managed service rather than ownership of the underlying system. We will, on request and where reasonably practicable, allow you to export your own Client Content (such as your customer contact lists) before termination takes effect.
12.4 Feedback. If you provide suggestions or feedback, you grant us an unrestricted, perpetual, royalty-free license to use it without obligation to you.
13. Acceptable Use
You agree not to use the Services to: send unsolicited or unlawful communications; send messages without proper consent under the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, A2P 10DLC requirements, or applicable state laws; violate any person's privacy or any applicable law; send content that is harassing, defamatory, fraudulent, or otherwise unlawful; promote illegal activities; infringe anyone's intellectual property; interfere with or attempt to compromise the security of the Services; or use the Services to build or operate a competing offering. We may suspend or terminate accounts engaged in prohibited activity.
14. Your Communications and Compliance Obligations
When you use the Services to send text messages, emails, or other communications to your own customers and prospects, you — not Growth Systems — are the sender. You are solely responsible for:
- Obtaining valid consent from each recipient before sending any message that requires consent under the TCPA, CAN-SPAM, A2P 10DLC, or applicable state law;
- Maintaining proof of consent and honoring opt-out requests (such as STOP and UNSUBSCRIBE) promptly;
- Including required disclosures such as sender identity and opt-out instructions;
- Complying with the National Do Not Call Registry and applicable state Do Not Call rules;
- Complying with carrier rules, including A2P 10DLC registration;
- Complying with all privacy laws that apply to your processing of consumer data.
You agree to indemnify and hold us harmless from any claims, fines, penalties, or damages arising from your communications or your processing of consumer data.
15. SMS Terms (A2P 10DLC)
By opting in to SMS messaging through the Services, the relevant recipients agree to receive text messages, which may include notifications, account or service messages, and marketing where consent allows. Standard message and data rates may apply, and message frequency may vary. Recipients can opt out by replying STOP and can reply HELP for support. Consent for messaging must be explicitly obtained — through website sign-up forms, paper forms, or verbally — and documented. We do not guarantee that messages will be delivered without delay or failure, as delivery depends on factors outside our control, such as carrier networks and device compatibility.
16. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, AND WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, INCLUDING ANY NUMBER OF LEADS, SALES, REVENUE, OR SEARCH RANKINGS.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) we will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption; and (b) our total cumulative liability under these Terms will not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.
18. Indemnification
You agree to defend, indemnify, and hold harmless Growth Systems and its officers, members, employees, and agents from any third-party claims, damages, liabilities, losses, fines, penalties, and reasonable costs and attorneys' fees arising out of or relating to: your use of the Services; your Client Content; communications sent through the Services (including TCPA, CAN-SPAM, and similar claims); your processing of personal information; or your violation of these Terms or any law or third-party right.
19. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
19.1 Informal Resolution. Before starting any formal dispute, you and Growth Systems agree to first try to resolve it informally by contacting us in writing with a description of the dispute. If it is not resolved within 30 days, either party may proceed under this section.
19.2 Binding Arbitration. You and Growth Systems agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration, rather than in court, except as provided in the carve-outs below. Arbitration will be conducted under the rules of a recognized arbitration provider, and will take place in Broward County, Florida, or as the parties otherwise agree.
19.3 Class Action Waiver. You and Growth Systems agree that each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative action.
19.4 Carve-Outs. Either party may bring an individual action in small claims court, or a court action seeking injunctive or equitable relief for infringement or misappropriation of intellectual property.
19.5 Opt-Out. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms, with your name, business name, and a clear statement that you want to opt out. Opting out will not affect any other provision of these Terms.
20. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles. Subject to Section 19, any action that is not subject to arbitration must be brought exclusively in the state or federal courts located in Broward County, Florida, and the parties consent to personal jurisdiction and venue there.
21. Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will notify you by email or by posting notice on our website. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.
22. Miscellaneous
- Entire Agreement. These Terms, together with the Privacy Policy and any order or proposal, are the entire agreement between you and Growth Systems and supersede any prior agreements on the same subject.
- Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
- Waiver. Failure to enforce any right or provision is not a waiver of that right or provision.
- No third-party beneficiaries. These Terms do not create third-party beneficiary rights.
- Independent contractors. The parties are independent contractors; these Terms do not create a partnership, joint venture, agency, or employment relationship.
- Survival. Sections that by their nature should survive termination — including intellectual property, indemnification, limitation of liability, dispute resolution, and governing law — will survive.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
23. Contact
Growth Systems LLC
Email: admin@getgrowthsystems.com