GrowthGenius Terms Of Service

Last updated: March 14, 2018

Terms Of Service ("Terms")

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the GrowthGenius websites (the “Service”) operated by GrowthGenius Inc (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By using, creating an account or logging in to use the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. If you create and/or use your account on behalf of an entity you warrant that you have the proper consent for your use and other actions from such entity.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You are responsible for maintaining the confidentiality of, and protecting your account information (including your password). You are responsible for all activity on your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

2. Intellectual Property

All software, data, information and other material developed or provided by us or our suppliers under these Terms, or otherwise provided by the Service, including all intellectual property in the same, shall remain our, or our supplier’s sole and exclusive property. You agree to not, except for such actions permitted by these Terms, sell, license, rent, sublicense, modify, distribute, copy, reproduce, publicly display or create derivative works of the content in the Service or in any other way make such content available for someone else without our written consent.

3. Your Content

By using our Site and our Service you may provide us with information, content, materials, files, and folders (together, your “Content”).

You, or the entity you represent, retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. These Terms do not grant us any rights to your intellectual property except for the limited rights required for us to run the Service as detailed below.

You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

You represent and warrant that: (i) the Content are yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We will use commercially reasonable efforts to maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your Content. We will not: modify or access your Content except as necessary to provide the Services, prevent or resolve service or technical problems, or at your request in connection with customer-support matters; or disclose your Content except as compelled by law or other legal proceedings, or as expressly permitted in writing by you.

You acknowledge that information that you submit to us in connection with the Services will be handled in accordance with our Privacy Policy (located at The Privacy Policy is restricted to information willfully supplied by you as a user of the Service. Third Party Personal Data will be handled according to Article 4.

The Service provides features that allow you to share your Content with others or to make it public. There are many things that users may do with your Content (for example, copy it, modify it or re-share it). Please consider carefully what you choose to share or make public. We have no responsibility for such activity.

4. Third Party Personal Data

The Service may, through your use, collect information referring to a third party subject (“Third Party Personal Data”). Third Party Personal Data is, for the interpretation of these Terms; information regarding a natural person, a legal person, an institution or an association, which is not subject to these Terms and, which is, or can be, direct or indirect identified by reference to any other information.

You are explicitly considered to be the Data Controller and Owner of all Third Party Personal Data. GrowthGenius Inc is your Personal Data Assistant in relation to Third Party Personal Data. The Data Controller and Personal Data Assistant shall in these Terms have the same meaning as the definition set forth in The Canadian Data Protection Act (1998: 204) 3§.

You, as Data Controller, are solely responsible for requesting and collecting consent from a Third Party where needed to achieve compliance with the rules in The Canadian Data Protection Act and other relevant legislation.

We will only process Third Party Personal Data in accordance to your explicit instructions, which you will supply us with through your use of the Service. The processing of Third Party Personal Data will be exercised in compliance with the security and auditing provisions of the Canadian Data Protection Act as described in our Privacy Policy, and governed by Canadian law.

The subcontractors used for processing Third Party Personal Data can be found in the section “Detailed information on the processing of Personal Data” in our Privacy Policy.

Any questions not explicitly regulated under this Article will be subject to our Privacy Policy. In the event of conflict between the provisions of this Article and our Privacy Policy, the provisions of this Article shall prevail.

This Article will remain in force, in its current wording at the day you signed up to the Service, until terminated or changed. Changes to this article need to be agreed upon by both parties.

5. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by GrowthGenius Inc.

GrowthGenius Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that GrowthGenius Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

6. Payment and Refund Policy

Fees for our Service are payable in advance on a monthly basis or annual basis in the manner and according to the prices set out on our Site or separately agreed upon. Fees will be automatically debited from the credit card or other payment method we have on file from you. The fees are exclusive of VAT and any other applicable sales or use taxes, duties, or other financial obligations, and you agree to indemnify us for any such fees which may be incurred during the delivery of our Service to you.

With the exception of a trial subscription or where a free plan applies, you may only access our Site by paying the applicable fees in advance, on a monthly basis or annual basis, as the case may be.

We may increase the rates for all or part of its Service with thirty days’ notice to a paying User. We shall not be obligated to provide any notice of increased rates for any User or other person who is not currently paying for our Service.

7. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation if you breach the Terms.

Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.

Upon termination, your right to use the Service will immediately cease.

All Third Party Personal Data will be deleted upon Termination.

Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

8. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

GrowthGenius Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

9. Limitation of Liability

In no event shall GrowthGenius Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service; any conduct or content of any third party on the Service; any content obtained from the Service; and unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Our aggregate liability for all claims relating to any loss or damage suffered by you and arising out of or in connection with these terms or your use of the site, services or stuff, will not exceed the greater of $20 or the total amounts paid or payable by you to us for the past three months of the services in question.

National and international laws (e.g. CAN-SPAM) may require certain disclosures, statements or other information to be included in unsolicited (i.e. cold) emails you send. In some circumstances or jurisdictions, the law may prohibit sending of unsolicited emails altogether. Given the complexity of this area, we do not evaluate any Project Deliverables with regard to anti-spamming laws or other laws relevant to your outreach. We do not claim that any of our Project Deliverables comply with anti-spamming laws or other laws relevant to your outreach. Your legal responsibilities in this area may change depending on your industry, the nature of your message, the identity of your recipients, your relationship with those recipients, their location, and other factors. You retain sole responsibility to seek legal counsel regarding your outreach, including compliance with anti-spamming laws or other laws that may affect your use of Project Deliverables.

10. Indemnity

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content you upload to the Service, your use of the Service and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.

11. Cookies

We use cookies on our websites in order to improve the Services and to create statistics of your and other users use of the websites and the Services. “Cookies” are files that are saved by your web browser on your device. These files consist of text and are named after the websites you have visited. You can choose to not receive cookies in your web browser. However, if you choose to not receive cookies, the feasibility and the features of the Service and on the websites might be affected negatively.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of Canada.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

13. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time, except for the provisions of article 4. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

14. Contact Us

If you have any questions about these Terms, please contact us.