Last Updated: [Date - e.g., October 26, 2023]
These Terms of Use ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "Client") and Growth Monster ("Growth Monster," "we," "us," or "our"), concerning your access to and use of the mygrowthmonster.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and the digital growth partnership services we provide, including lead generation, lead management, advertising campaign management, automation, and related consulting (the "Services").
You agree that by accessing the Site and/or using the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site or detailed in a separate Growth Partnership Agreement from time to time are hereby expressly incorporated herein by reference.
By using the Site and Services, you represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Terms; (d) you are not a minor in the jurisdiction in which you reside (generally 18 years or older); (e) you will not access the Site or Services through automated or non-human means, whether through a bot, script or otherwise; (f) you will not use the Site or Services for any illegal or unauthorized purpose; and (g) your use of the Site or Services will not violate any applicable law or regulation.
Growth Monster provides data-driven digital growth systems designed to generate qualified leads and scalable growth for our Clients. This includes, but is not limited to, market research, META advertising campaign creation and management, SMS and email marketing automation, lead nurturing strategies, and CRM integration support.
Our primary service model is a performance-based Growth Partnership, typically involving a fee calculated as a percentage of sales generated directly from the leads provided through our Services, alongside Client responsibility for certain direct costs (see Section 5). Specific targets, definitions, and reporting mechanisms will be detailed in a separate Growth Partnership Agreement between Growth Monster and the Client.
As a Client, you agree to:
Both parties agree to keep confidential all non-public information disclosed by the other party that is marked as confidential or reasonably should be understood to be confidential ("Confidential Information"). This includes business strategies, client lists, performance data (unless aggregated/anonymized), pricing, and Growth Monster IP. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.
THE SITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES.
WHILE WE STRIVE TO ACHIEVE POSITIVE RESULTS, GROWTH MONSTER DOES NOT GUARANTEE ANY SPECIFIC OUTCOME, LEAD VOLUME, CONVERSION RATE, SALES INCREASE, OR RETURN ON INVESTMENT FROM THE USE OF OUR SERVICES. MARKETING AND ADVERTISING RESULTS ARE SUBJECT TO NUMEROUS EXTERNAL FACTORS BEYOND OUR CONTROL, INCLUDING MARKET CONDITIONS, COMPETITION, AND PLATFORM ALGORITHM CHANGES.
WE RELY ON THIRD-PARTY PLATFORMS (LIKE META, GOOGLE, HIGHLEVEL). WE ARE NOT RESPONSIBLE FOR THEIR UPTIME, POLICY CHANGES, OR TECHNICAL ISSUES THAT MAY AFFECT SERVICE DELIVERY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GROWTH MONSTER OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT OF PERFORMANCE FEES PAID, IF ANY, BY YOU TO US DURING THE [e.g., THREE (3) MONTH] PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN JURISDICTIONAL LAWS (INCLUDING THE AUSTRALIAN CONSUMER LAW) MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights or data privacy rights; or (5) any overt harmful act toward any other user of the Site or Services with whom you connected via the Site or Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
These Terms shall remain in full force and effect while you use the Site or Services. Specific term lengths for the Growth Partnership will be defined in the separate Growth Partnership Agreement.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
Either party may terminate the Growth Partnership Agreement as specified therein, typically upon written notice (e.g., 30 days) or immediately for material breach.
Upon termination, your right to use the Services will cease immediately. We will have no obligation to maintain any of your data stored in our systems post-termination, except as required by law or as agreed in the Growth Partnership Agreement regarding data hand-off. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms and your use of the Site and Services are governed by and construed in accordance with the laws of the State of [Your State, e.g., Queensland], Australia, without regard to its conflict of law principles.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services first by good faith negotiation. If negotiation fails, the parties agree [Choose one: e.g., to submit the dispute to mediation before resorting to litigation / that any legal action shall be brought exclusively in the state or federal courts located in [Your City/Region], [Your State], Australia, and the parties consent to the jurisdiction of such courts].
We may modify these Terms at any time. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site or Services after the date such revised Terms are posted.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site or Services (other than the specific terms of the Growth Partnership Agreement).
In order to resolve a complaint regarding the Site or the Services or to receive further information regarding use of the Site or the Services, please contact us at:
Growth Monster
Email: [email protected]
Website: mygrowthmonster.com