Terms of Service
Affective date June 2026
These Terms of Service (the “Agreement”) govern the use of the website located at https://growtoscaleautomated.com/ and https://letsgrowtoscale.com/ and any related pages, subdomains, applications, portals, forms, dashboards, products, and services made available through these websites (collectively, the “Service”). The Service is owned and operated by MRE Management Ltd. o/a Grow To Scale (“Grow To Scale,” “we,” “us,” or “our”).
BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT BUY, REGISTER, USE OR ACCESS THE SERVICE.
THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GROW TO SCALE, (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT. (5) BY ENTERING INTO THIS AGREEMENT YOU DO NOT IN BREACH OF ANOTHER AGREEMENT. CERTAIN PORTIONS OF THE PLATFORM MAY BE SUBJECT TO “OPEN SOURCE” OR “FREE SOFTWARE LICENSES”. SUCH COMPONENTS WILL BE GOVERNED BY THE TERMS OF THEIR RESPECTIVE TERMS OF USE AND NOT BY THESE TERMS.
ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, AND DATA PROCESSING AGREEMENT (WHEREVER APPLICABLE) (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND GROW TO SCALE. AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES ALL OTHER INTERACTIONS WITH GROW TO SCALE RELATED TO THE PLATFORM.
Grow To Scale reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform or Services following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.
Grow To Scale is only providing the Platform for your business use without any promise of exclusivity. Grow To Scale is not responsible for any interactions between you and your customers, other than providing access to the Platform or Services. Grow To Scale is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers, including their reliance upon any information or content you provide.
1. DEFINITIONS
1.1 “Client” means the individual or business entity purchasing or using the Service.
1.2 “Client Content” means any information, materials, data, branding, text, images, videos, logos, files, recordings, or other content provided by the Client.
1.3 “Done-For-You Setup” means the initial setup, configuration, implementation, onboarding, build, integration, or deployment work performed by Grow To Scale before the monthly subscription begins. Each Done-For-You Setup is deemed a separate Project for purposes of this Agreement.
1.4 “Subscription” means the ongoing monthly or annual access fee required to continue using the Service after the Done-For-You Setup has been completed.
1.5 “Deliverables” means the systems, workflows, automations, assets, configurations, content, documentation, and other work product created or delivered by Grow To Scale.
1.6 "Project" means any discrete, time-bound engagement performed by Grow To Scale on behalf of the Client, including without limitation any Done-For-You Setup, system build, Platform configuration, website development, automation setup, AI training, form or funnel creation, integration, onboarding, business strategy session, workshop, or development of materials. Each Project has a defined scope, start point, and completion point, and is governed by a separate agreement, statement of work, proposal, or order, which outlines the specific scope, deliverables, and responsibilities associated with that engagement. Each Done-For-You Setup constitutes a separate Project under this Agreement.
1.7 "Platform" means the cloud-based software system, tools, applications, and related infrastructure made available to the Client through the Service, including the white-labeled system powered by HighLevel, and any integrated third-party tools, features, automations, communication channels, and configurations built, set up, or activated by Grow To Scale as part of the Project or ongoing Subscription. The Platform serves as the operational foundation through which the Client manages its business workflows, communications, data, and automations.
2. PROHIBITED ACTIVITIES
When using our services, you agree to comply with all applicable laws, regulations, and ethical standards, including but not limited to data privacy, anti-spam (e.g., CASL, CAN-SPAM Act), consumer protection, and anti-discrimination laws. You further agree not to engage in any activities that could harm, disrupt, or misuse our services, systems, or reputation. Prohibited activities include but are not limited to the following:
· Using the services to violate any local, state, national, or international laws or regulations.
· Facilitating or participating in any illegal activities, including but not limited to fraud, theft, or money laundering.
· Collecting, processing, or storing personal data without proper consent or in violation of privacy laws such as GDPR, CCPA, or similar regulations.
· Sharing, uploading, or transmitting sensitive data without appropriate safeguards or permissions.
· Sending bulk unsolicited messages (spam) in violation of anti-spam laws, including CASL or the CAN-SPAM Act.
· Misusing the services to create misleading, fraudulent, or deceptive messages.
· Using the services to deceive, mislead, or harm consumers, including through false advertising or unfair business practices.
· Engaging in activities that promote or result in discrimination, harassment, or harm based on race, ethnicity, gender, religion, age, disability, or any other protected characteristic.
· Using the services to distribute hateful, abusive, or offensive content.
· Attempting to access, interfere with, or disrupt the services, systems, or data without authorization.
· Uploading or transmitting harmful code, malware, viruses, or any similar technology that could compromise the integrity of our services or systems.
· Circumventing any security or authentication measures.
· Probing, scanning, or testing the vulnerability of the services or any connected network without authorization.
· Breaching or attempting to breach the security or authentication measures of the services, systems, or connected networks.
· Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the services or Grow To Scale’s systems.
· Reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code or underlying algorithms of any part of the services, except to the extent restrictions on reverse engineering are prohibited by applicable law.
· Modifying, creating derivative works of, or attempting to alter any part of the services without express written consent.
· Using any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any part of the services or content.
· Circumventing the navigational structure or presentation of the services to obtain unauthorized access to materials, documents, or information.
· Using the services to infringe on the intellectual property rights of others, including copyrights, trademarks, patents, or trade secrets.
· Distributing unauthorized copies of content, software, or proprietary materials.
· Uploading, sharing, or storing content that is illegal, defamatory, obscene, violent, pornographic, or otherwise inappropriate.
· Using the services to promote illegal activities or encourage harm.
· Misusing third-party tools, APIs, or integrations provided through our services in a way that violates their terms of service or applicable laws.
· Reselling, sublicensing, or sharing access to the services without our express written permission.
· Allowing unauthorized parties to use or access the services.
· Using the services in a way that exceeds the agreed-upon scope, including bypassing usage limits, data quotas, or other contractual restrictions.
· Using any device, software, or routine to interfere or attempt to interfere with the proper functioning of the services, any transaction being conducted, or any other person’s use of the services.
· Taking any action that could disrupt or harm the services, systems, or the experience of other users.
· Engaging in any activities intended to deceive, misrepresent, or manipulate information to gain unauthorized access or benefits.
· Harassing, mistreating, or otherwise violating the rights of other users of our services or systems.
· Acting in a way that is fraudulent, offensive, or otherwise inappropriate.
3. THIRD PARTIES
Grow To Scale delivers the Service using a combination of proprietary processes and third-party software, platforms, APIs, hosting providers, messaging tools, automation tools, and AI services, including but not limited to HighLevel, Twilio, and LeadConnect. These third-party tools operate under their own terms, policies, and infrastructure, which Grow To Scale does not control or manage. Grow To Scale makes no representation or warranty regarding any third-party products or services, and the Client's use of any such tools is subject to the applicable provider's own terms and policies.
3.1 No Liability for Third-Party Tools
Grow To Scale expressly disclaims any responsibility or liability for:
Disruptions, outages, errors, or delays caused by third-party tools or platforms.
Security breaches, data losses, or non-compliance arising from the use or failure of third-party services.
Changes to features, functionality, pricing, or availability of third-party tools that impact the Service.
Discontinuation of any third-party tool that affects Grow To Scale's ability to deliver certain features or functions of the Service.
The Client acknowledges that the availability, performance, and compliance of third-party tools are beyond Grow To Scale's control, and that such events do not constitute a breach of this Agreement by Grow To Scale. For clarity, the Client's subscription fees remain due during any third-party outage or disruption unless Grow To Scale expressly agrees otherwise in writing.
3.2 Client Responsibility for Third-Party Terms
By using the Service, the Client is required to review, understand, and comply with the terms and conditions of all third-party providers integrated into the Platform. The Client represents that they have reviewed or will review the applicable terms before using any feature that relies on a third-party service. This includes, but is not limited to:
HighLevel: Clients must adhere to the HighLevel Terms of Service and HighLevel Security and Compliance Overview.
Twilio: Clients using features reliant on Twilio's services must comply with Twilio's Terms of Service and policies.
LeadConnect: Clients using features reliant on LeadConnect services are subject to the LeadConnect Terms of Service and LC Phone Messaging Policy.
Any other third-party tools or platforms used within the scope of the Services, whether named above or not.
Grow To Scale is not liable for any penalties, losses, or damages arising from the Client's failure to comply with third-party terms.
3.3 Changes to Third-Party Tools
Grow To Scale reserves the right to modify, replace, or discontinue the use of specific third-party tools or integrations at its discretion, including where such tools change their pricing, policies, features, or availability. Where such a change materially impacts the Client's use of the Service, Grow To Scale will make reasonable efforts to provide at least fourteen (14) days' written notice and, where feasible, offer an alternative solution. If no reasonable alternative is available and the change materially impairs the core functionality of the Service, the Client may terminate the Subscription without penalty upon written notice to Grow To Scale within thirty (30) days of receiving notice of the change.
3.4 Data Processing by Third Parties
By using the Service, the Client acknowledges and consents to Client data, account information, and communications being processed, transmitted, or stored by third-party providers as necessary to deliver the Service. Each third-party provider's handling of Client data is governed by that provider's own privacy policy and terms of service. Grow To Scale is not liable for the data practices, security measures, or privacy policies of third-party providers beyond its reasonable control. Clients with specific data sensitivity requirements are encouraged to notify Grow To Scale in writing prior to onboarding.
3.5 Third-Party Usage Charges
In addition to the monthly Subscription fee, the Client is responsible for all usage-based charges and pass-through fees assessed by third-party providers in connection with the Client's use of the Service. These charges may include, but are not limited to, SMS and MMS messaging fees, email delivery fees, phone number registration fees, AI token or output charges, and any other feature-specific usage fees. Grow To Scale does not mark up these third-party usage charges; the Client is billed at cost based on actual usage and applicable provider rates. For reference:
A2P 10DLC Service Pricing and Fees
Pricing for other usage-based features may be provided separately or referenced in the applicable service order or package details.
4. DATA PRIVACY AND SECURITY RESPONSIBILITIES
Grow To Scale is committed to maintaining the privacy and security of the data processed through the Services. Grow To Scale provides the Services using a white-labeled platform powered by HighLevel and may also rely on other third-party tools, systems, and service providers to deliver the Services. HighLevel and other third-party providers are responsible for their own technical and organizational safeguards, platform operations, and compliance measures applicable to their own services, while Grow To Scale remains responsible only for the Services it directly provides and controls.
4.1 HighLevel’s Role in Security and Compliance
HighLevel manages the technical infrastructure, security, and compliance measures for the platform used to deliver the Services. These measures may include encryption of data at rest and in transit, secure data storage and access controls, and regular audits or updates intended to support compliance with applicable privacy laws and regulatory requirements, including GDPR, CCPA, CPRA, PIPEDA, and similar laws where applicable. For further details regarding platform-level compliance and liability, Clients should review HighLevel’s Terms of Service and HighLevel Security and Compliance Overview, as well as any other applicable third-party policies.
4.2 Client Responsibilities
Clients are solely responsible for ensuring that their use of the Services complies with all applicable laws, regulations, and internal policies. This includes, without limitation, lawful collection and processing of personal data, obtaining all required notices and consents, maintaining the accuracy and integrity of data uploaded to or processed through the Services, securing account credentials, managing user permissions, and monitoring account activity. Clients are also responsible for complying with applicable privacy, anti-spam, consumer protection, and data protection laws, including GDPR, CCPA, CPRA, CASL, CAN-SPAM, PIPEDA, and any other laws that apply to the Client’s use of the Services.
4.3 Unauthorized Access and Misuse
Clients are responsible for any unauthorized access to their accounts resulting from their failure to maintain reasonable safeguards, including sharing login credentials, failing to use access restrictions, or otherwise failing to protect account security. Grow To Scale is not liable for damages resulting from unauthorized access or misuse caused by the Client’s acts or omissions.
4.4 Security Incidents and Breach Notification
If Grow To Scale becomes aware of a data breach or security incident affecting the Services, Grow To Scale will notify the Client as soon as reasonably practicable after discovery or after receiving notice from HighLevel or another applicable third-party provider. Grow To Scale will use commercially reasonable efforts to work with the relevant provider to investigate the incident, mitigate impact, and provide information reasonably necessary for the Client to meet any reporting or notification obligations it may have under applicable law. The Client remains responsible for any required notices to regulators, affected individuals, or other third parties unless applicable law expressly requires Grow To Scale to provide such notice.
4.5 Limitation of Liability for Security Breaches
Grow To Scale disclaims liability for data breaches, compliance failures, or security incidents arising from HighLevel’s platform or any other third-party platform, system, or infrastructure beyond Grow To Scale’s reasonable control, except to the extent caused directly by Grow To Scale’s own gross negligence, wilful misconduct, or breach of this Agreement.
4.6 Acknowledgment of Shared Responsibility
The Client acknowledges that data privacy and security are shared responsibilities among Grow To Scale, HighLevel, other applicable third-party providers, and the Client. HighLevel and other providers are responsible for their own platforms and safeguards, Grow To Scale is responsible for the Services it directly provides, and the Client is responsible for lawful and secure use of the Services, including compliance with all applicable privacy and security obligations.
5. SERVICES MODIFICATION
We reserve the right to modify, update, or discontinue any aspect of the Services at our discretion. Modifications may include but are not limited to enhancements or improvements to existing features, changes in service availability or functionality, updates to comply with legal or regulatory requirements, and phasing out, retiring, or permanently discontinuing certain features or services.
Clients will be notified of any significant changes to the Services via email at least 30 days before such modifications take effect.
Minor updates or routine enhancements that do not materially impact Services functionality may be implemented without prior notice.
If a modification renders certain features unavailable, we will make reasonable efforts to provide alternatives or assist clients in transitioning to new solutions.
6. SUPPORT AND MAINTENANCE
We are committed to providing reliable and responsive support for our Services. Clients reach out to our support by submitting a ticket https://www.growtoscaleautomated.com/technical-support
6.1 Service Level Agreement (SLA)
We aim to respond to all support inquiries within the following timeframes:
· Standard Support: Responses within 1-2 business days.
· Priority Support (for premium packages): Responses within 4-8 business hours.
Response times may vary depending on the complexity of the issue or during periods of high demand.
6.2 Scope of Support
Support services cover assistance with setting up and configuring the Services, troubleshooting technical issues and performance concerns and guidance on how to use features and functionality effectively.
6.3 Exclusions
Support does not include custom development or modifications beyond the scope of the purchased package and Issues caused by third-party integrations or systems outside our control.
6.4 Service Updates
To ensure optimal performance and reliability, we or the platforms we use to deliver our Services periodically release updates to the Services, which may include bug fixes and performance enhancements, new features or improvements to existing functionality and updates to comply with legal or regulatory changes.
Clients will be notified of significant updates or changes via email or announcements on our platform. Routine updates that do not affect core functionality may be implemented without prior notice.
Clients are responsible for ensuring that their systems and devices meet the technical requirements to accommodate updates to the Services. Any delays or disruptions caused by the Client’s failure to implement required updates will not be covered under our support obligations.
7. PAYMENT
By providing your payment information, you authorize Grow To Scale to charge the payment method on file for all subscription fees, usage-based charges, carrier charges, and any other amounts owing under this Agreement, and you agree to keep your payment information current at all times. If your payment method changes, expires, or becomes invalid, it is your responsibility to update it promptly. Failure to maintain a valid payment method on file may result in suspension or cancellation of the Service.
If any payment is insufficient or declined for any reason, you will receive an automatic seven (7) calendar day grace period ("Grace Period") to pay the outstanding balance. If the outstanding balance is not paid before the Grace Period ends, your Service will be cancelled without liability to Grow To Scale, all outstanding amounts will remain due and payable, and the matter may be referred to a third-party collection service to recover amounts owed. The Client will be responsible for all reasonable costs of collection, including legal fees and collection agency charges, to the extent permitted by applicable law.
If Grow To Scale reasonably believes a payment has been made fraudulently, without authorization, or in violation of applicable law or this Agreement, Grow To Scale reserves the right to cancel or reverse the transaction and suspend the Client's access to the Service pending resolution.
Grow To Scale reserves the right to modify, reject, or cancel any Service or Subscription when necessary. If Grow To Scale cancels the Service or Subscription and payment has already been processed for the unused period, Grow To Scale will issue a refund equal to the unused portion. The Client is responsible for monitoring their payment method to verify receipt of any refunds.
8. CANCELLATION POLICY
8.1 Monthly Subscription — 30-Day Written Notice Required
Your monthly Subscription automatically renews and you will be billed automatically until Grow To Scale receives a written cancellation request from you. To cancel your monthly Subscription, you must provide at least thirty (30) days' prior written notice by email to [email protected]. Cancellation takes effect at the end of the 30-day notice period, provided the account is in good standing. Access to the Service remains active during the notice period and all subscription and usage fees continue to accrue and remain payable during that time. The 30-day notice period exists to allow Grow To Scale sufficient time to back up, export, and provide the Client's data and related materials in a reasonable format before access is terminated.
8.2 Outstanding Balances on Cancellation
Cancellation will not be deemed effective until all outstanding subscription fees, usage charges, carrier charges, and any other amounts owed under this Agreement have been paid in full. Grow To Scale reserves the right to charge the payment method on file for any outstanding balance prior to completing cancellation and offboarding.
8.3 Access and Data Upon Cancellation
Upon the effective date of cancellation, the Client's access to the Platform and Service will be terminated. Grow To Scale will make commercially reasonable efforts to provide the Client with an export of their data during the 30-day notice period. After the effective cancellation date, Grow To Scale is not obligated to retain the Client's data and may delete it in accordance with its data retention practices.
8.4 Courses and Education Products
All sales of courses and educational products are final. No refunds will be issued.
8.5 Coaching and Business Strategy Services
One-Time Strategy Sessions or Workshop services may be cancelled within 72 hours of purchase for a full refund, provided the Service has not yet been delivered. No refund will be issued after 72 hours or after the Service has been delivered, whichever comes first.
8.6 Group Coaching
When purchasing a group coaching package, it is the Client's responsibility to assemble the required group. If the Client is unable to assemble the minimum number of members described in the purchased service, the Client may either upgrade to 1:1 coaching by paying the difference in price, or cancel for a full refund minus applicable payment processing fees.
9. REFUND POLICY
Grow To Scale strives to deliver high-quality Services tailored to each Client's business needs. This section outlines the terms under which refunds may be granted.
9.1 General Refund Eligibility
Refund requests must be submitted within seven (7) calendar days of the original purchase date. Refunds will only be considered under the following circumstances:
The Client experiences significant technical issues or Service malfunctions that remain unresolved after reasonable troubleshooting efforts by Grow To Scale.
The Services provided materially do not align with the description outlined in the applicable Service agreement or package details.
Refunds will not be granted in the following circumstances:
Dissatisfaction arising from misunderstanding of Service capabilities or limitations that were disclosed before purchase.
Issues caused by third-party integrations, platforms, or tools outside Grow To Scale's control.
Non-compliance with this Agreement or misuse of the Services.
The Client's failure to review, test, or use the Service within a reasonable time after delivery.
9.2 Non-Refundable Fees
The following are non-refundable under all circumstances:
Done-For-You Setup fees and Project fees, once work has commenced.
Custom development, configuration, onboarding, or consulting fees.
Courses and educational products.
Annual subscription fees.
Usage-based charges, including SMS, email, phone, and AI output fees, once consumed.
Any fees accrued during the 30-day cancellation notice period.
9.3 Refund Process
Refund requests must be submitted by email to [email protected] and must include:
Client name and contact information.
Order or invoice number.
Reason for the refund request, including evidence of any technical issues or Service malfunctions.
Refund requests will be reviewed within 7 business days. Approved refunds will be processed within 10 business days of approval and issued to the original payment method used at the time of purchase.
9.4 Monthly Subscription Refunds
If a Client cancels a monthly Subscription within 72 hours of the most recent billing charge and the request meets the eligibility conditions in Section 9.1, a full refund for that billing period will be issued. No refund will be issued for cancellations requested after 24 hours of the most recent billing charge. The 30-day notice period required under Section 8.1 does not create any additional refund entitlement.
9.5 No Refund for Pay-as-You-Go Services
Services billed on a usage or pay-as-you-go basis, including phone usage, SMS and MMS usage, email delivery, AI outputs, and other transactional services, are non-refundable once consumed.
9.6 Disputes and Chargebacks
The Client must contact Grow To Scale directly at [email protected] to attempt to resolve any billing dispute before initiating a chargeback with their payment provider. Filing a chargeback without first attempting resolution through Grow To Scale constitutes a breach of this Agreement. In the event of an unjustified chargeback, Grow To Scale reserves the right to suspend or terminate the Client's access to the Service, dispute the chargeback with supporting documentation, and recover any fees, costs, or losses incurred as a result of the chargeback process.
10. TERMINATION
We reserve the right to terminate a client’s access to the Services under the following conditions:
· Breach of Agreement: If the client violates any terms of this agreement, including misuse of the Services or non-payment.
· Prohibited Activities: If the client engages in activities listed in the “Prohibited Activities” section.
· Legal or Regulatory Requirements: If required to comply with applicable laws, regulations, or governmental orders.
Except in cases of immediate risk or breach, we will provide clients with at least 7 days' written notice before terminating access to the Services. For immediate termination due to breach or legal reasons, no advance notice may be provided.
Upon Termination, the Client must immediately cease using the Services and all outstanding payments for Services rendered prior to termination must be settled within 30 days.
Temporary Suspension: We may suspend access to the Service temporarily for reasons such as maintenance, technical issues, or suspected misuse. Suspension does not constitute termination, and services will resume once the issue is resolved. The subscription will not be suspended and the Client is responsible for continue payments on time, unless Grow To Scale agrees otherwise in writing.
11. INTELLECTUAL PROPERTY, OWNERSHIP, LICENSING & USE
11.1 Client Owned
The Client guarantees that it owns all rights, title, and interest, or has the right to permit use of all Client Content provided to the Grow To Scale for use in the Project. The Client further guarantees that Client Content does not infringe the rights of any third party, and use of the Client Content in connection with the Project does not and will not violate the rights of any third parties. The Client shall comply with the terms and conditions of any licensing agreements that govern the use of Client Content not created by Client, and will disclose those terms and conditions to Grow To Scale at the time any licensed Client Content is provided to Grow To Scale. The Client shall indemnify and hold Grow To Scale harmless from any claims, damages, liabilities, or expenses arising out of any breach of this warranty.
11.2 Grow To Scale Owned
As a result of the Project or Services, Grow To Scale may create "Work Products," including but not limited to training materials, documents, processes, procedures, sales materials, marketing materials, AI training models, workflows, communication and follow-up sequences, forms, landing pages, and websites.
The Client has the right to use the Work Products for the purposes outlined in the Service. The Client has no right to directly or indirectly license, sell, or package the Work Products in any way to profit from them outside of their intended use unless prior written authorization, signed by Grow To Scale, is obtained. All Work Products created by Grow To Scale are created for internal and operational use by the Client.
Grow To Scale retains ownership of all Work Products and reserves the right to reuse, adapt, or incorporate any Work Products, in whole or in part, into future projects, products, or services for other clients or internal use, provided such reuse does not violate the Confidentiality clause.
Any ideas or deliverables rejected by the Client remain the sole property of Grow To Scale and may be reused, modified, or repurposed for other projects or services.
Upon completion of the Project or Services, and expressly subject to full payment of all fees, costs, and expenses due, Grow To Scale assigns to the Client all rights, title, and interest, including without limitation copyright and other intellectual property rights, in and to the Final Deliverables. “Final Deliverables” means the final versions of Work Products provided by Grow To Scale and approved by the Client.
Client’s use of preliminary work or Final Deliverables other than that expressly authorized in this Agreement or by a separate written assignment is not permitted (“Unauthorized Use”). Client agrees to pay liquidated damages of no less than five (5) times the total Service fee included in, but not limited to, this Agreement in the event of Client’s Unauthorized Use, in addition to any legal or equitable remedies Grow To Scale may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for Unauthorized Use.
Grow To Scale retains all copyright interests in and to all rejected deliverables prepared during the Services development and deployment. Further, Grow To Scale shall have a perpetual, fully paid-up license to use any Work Products, including Final Deliverables, for its portfolio (including, but not limited to, any website that displays its works), marketing materials, social media, educational purposes, design contests, publications, or other media. Proprietary and confidential deliverables may be referenced by Grow To Scale but will not be reproduced, distributed, or otherwise shared in violation of the Confidentiality clause.
Grow To Scale maintains that all Work Products created for the Client are, to the very best of their knowledge, original or in full compliance with any applicable agreements for reuse.
12. CONTENT
User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by Grow To Scale at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Grow To Scale in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Grow To Scale.
Users may be able to post photos, videos and public comments on our site. User will not post content or take any action on Site that infringes or violates someone else’s rights or otherwise violates the law. We can remove any content or information you post on Site if we believe that it violates this Statement or our policies.
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account and that all personal information you provided us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
13. COPYRIGHT
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Grow To Scale or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Grow To Scale and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of Grow To Scale or its software suppliers and protected by United States and international copyright laws.
If you believe in good faith that materials hosted by Grow To Scale infringe your copyright, you, or your agent may send to Grow To Scale a notice requesting that the material be removed or access to it be blocked.
Grow To Scale’s Copyright Agent for notice shall be [email protected]
14. COMPLIANCE AND RESPONSIBILITY
Grow To Scale provides its Services through a variety of tools and platforms, including but not limited to white-labeled platforms powered by third-party providers such as HighLevel. These providers are responsible for implementing and maintaining the technical and organizational measures necessary to support compliance with applicable data protection laws, industry standards, and regulatory requirements, as applicable to their own platforms and services. For further details regarding platform-level compliance and liability, clients are directed to review the HighLevel Security and Compliance Overview and HighLevel’s terms and policies.
14.1 Client Responsibilities
Clients are solely responsible for ensuring their use of the Services complies with all applicable laws, regulations, and ethical standards. This includes, but is not limited to:
· Data Collection and Input: Ensuring that all data uploaded, processed, or shared through the Services is collected lawfully, with all necessary consents, and does not violate privacy laws, intellectual property rights, or third-party agreements.
· Appropriate Use of Services: Using the Services and any generated content, tools, or outputs in a manner that complies with applicable laws and ethical standards, including but not limited to data privacy, anti-spam (e.g., CASL, CAN-SPAM Act), consumer protection, and anti-discrimination laws.
· Internal Safeguards: Implementing appropriate internal policies and safeguards, such as restricting unauthorized access, securing login credentials, and monitoring user activity.
· Third-Party Compliance: Ensuring that any integrations, tools, or platforms connected to the Services comply with relevant laws and regulations.
14.2 Review and Correction. Because the Service is a done-for-you Project, Grow To Scale prepares the Project work product, configurations, and related outputs to the best of its knowledge based on the Client’s instructions, materials, and information provided. The Client is responsible for reviewing the Project work product, including but not limited to forms, websites, AI outputs, copy, messaging, and other configured components, and must promptly notify Grow To Scale in writing of any mistake, error, omission, inaccurate information, or correction needed so that Grow To Scale may make reasonable revisions consistent with the Project scope and applicable laws and regulations.
14.3 Limitation of Liability for Compliance Breaches
Grow To Scale expressly disclaims any liability arising from:
· The client’s failure to comply with applicable laws, regulations, or ethical standards when using the Services.
· Data inputs, outputs, or actions taken by the client, its employees, or end-users that result in breaches of privacy, intellectual property, or other legal obligations.
· Misuse of the Services, including failure to implement necessary safeguards or unauthorized access caused by the client’s negligence.
· Issues arising from third-party platforms, integrations, or tools used in connection with the Services.
15. LOSSES, DELAYS & DAMAGES
Grow To Scale shall not be liable for any loss of data, revenue, or profits resulting from interruptions or delays in service caused by factors outside its reasonable control, including but not limited to (1) third-party service provider failures, (2) cyber-attacks, (3) unforeseen technical issues, (4) acts of God, (5) war, including armed conflict, (6) severe weather, (7) health, economic, or other mass scale, newsworthy events sustaining a period of time impacting societal norms, (8) any other cause reasonably beyond the Grow To Scale's control (collectively referred to as "Occurrences"). While Grow To Scale will make all reasonable attempts to fulfill the work outlined in this agreement once the Occurrences are over, Grow To Scale is not required to fulfill the contractual obligations if the aforementioned occurrences create a delay in the ability to provide services for a time period extending beyond one year from the date on the signed agreement.
While Grow To Scale will make every effort to meet agreed-upon timelines, the Client acknowledges that certain delays may occur due to factors beyond Grow To Scale's control, such as server downtime, third-party integrations, or Client's failure to fulfill their obligations in a timely manner. In such cases, Grow To Scale shall not be liable for any penalties, fees, or damages resulting from such delays.
In the event that Grow To Scale is found to be responsible for damages arising from a breach of this Agreement, the Client agrees that Grow To Scale's liability shall not exceed the total amount paid by the client for the specific Service in the three (3) months immediately preceding the event giving rise to the claim. Under no circumstances shall Grow To Scale be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of business, revenue, or anticipated profits.
16. WARRANTIES
Grow To Scale is not engaged in the practice of law and does not provide legal advice or services. The information provided by Grow To Scale is for general informational purposes only and should not be construed as legal advice. Grow To Scale is not a licensed financial advisor and does not provide financial, investment, or tax advice. The information provided by Grow To Scale is for general informational purposes only and should not be considered financial, investment, or tax advice. Clients of Grow To Scale should consult with their own legal, financial, and tax advisors before making any decisions or taking any actions based on the information or recommendations provided by Grow To Scale. Grow To Scale makes no representations or warranties, express or implied, regarding the accuracy, completeness, or reliability of the information provided. By engaging the services of Grow To Scale, clients acknowledge and agree that they are responsible for their own decisions and actions, and that Grow To Scale shall not be liable for any damages or losses arising out of or in connection with the use of its services or reliance on its information or recommendations.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL Grow To Scale, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUBSIDIARY AND PARENT COMPANIES, AFFILIATES, OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES PROVIDED: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS, OMISSIONS, INTERRUPTIONS, OR FAILURES IN PERFORMANCE, EVEN IF FORESEEABLE, UNAUTHORIZED ACCESS TO OR USE OF CLIENT DATA, ANY COMPLIANCE OR REGULATORY ISSUES RELATED TO THE PLATFORM OR THE USAGE OF THE PLATFORM BY THE CLIENT, ANY THIRD-PARTY CLAIMS RELATED TO NON-COMPLIANCE OR MISUSE; (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR DISRUPTIONS IMPACTING THE SERVICES (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (CAD) (PROVIDED THAT, IF THE CLIENT HAS PAID FEES TO GROW TO SCALE, SUCH AMOUNT WILL BE EQUAL TO THE FEES PAID BY THE CLIENT TO Grow To Scale DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUES).
OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN ADDITION, GROW TO SCALE SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM A CLIENT'S INABILITY TO ACCESS OR OTHERWISE USE THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO TECHNICAL FAILURES, CYBERATTACKS, DATA PROCESSING ISSUES, TELECOMMUNICATIONS OR INTERNET PROBLEMS, OR THIRD-PARTY PLATFORM FAILURES). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY MATERIALS, PRODUCTS, OR SUPPORT PROVIDED THROUGH THE SERVICES, OR WITH ANY OF THE TERMS AND CONDITIONS GOVERNING THEIR USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND PRODUCTS PROVIDED.
OUR SERVICES ARE CONTINUALLY UNDER DEVELOPMENT, AND GROW TO SCALE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS, OR SUITABILITY OF THE SERVICES FOR ANY PARTICULAR PURPOSE.
THE SERVICES AND INFORMATION PROVIDED ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NEITHER GROW TO SCALE NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR AGENTS PROVIDE LEGAL, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVICE. CLIENTS SHOULD CONSULT THEIR OWN PROFESSIONAL ADVISORS REGARDING SPECIFIC LEGAL, FINANCIAL, OR OTHER MATTERS.
ANY CASE STUDIES, EXAMPLES, ILLUSTRATIONS, OR TESTIMONIALS ARE PROVIDED FOR DEMONSTRATIVE PURPOSES ONLY AND DO NOT GUARANTEE SIMILAR OUTCOMES. RESULTS MAY VARY SIGNIFICANTLY BASED ON INDIVIDUAL CIRCUMSTANCES, MARKET CONDITIONS, AND EFFORTS.
CLIENTS ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES AND AGREE TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PROVIDED MATERIALS OR ADVICE.
MONETARY AND OUTCOME RESULTS FROM USING THE SERVICES DEPEND ON MANY FACTORS, INCLUDING BUT NOT LIMITED TO CLIENT EFFORT, INDUSTRY CONDITIONS, AND IMPLEMENTATION OF RECOMMENDED STRATEGIES. Grow To Scale MAKES NO GUARANTEES REGARDING CLIENT SUCCESS OR RESULTS AND DISCLAIMS ANY LIABILITY FOR RELIANCE ON REPRESENTATIONS MADE THROUGH THE SERVICES.
18. INDEMNIFICATION
The Client agrees to fully indemnify and hold harmless Grow to Scale., its affiliates and their respective officers, directors, employees and agents from any liability, cost, loss of revenue, profits, other benefits or expense suffered or incurred by them as a result of any and all claims, demands, costs or adjustments against them arising out of this Agreement or their relations with Grow To Scale or third parties pursuant to this Agreement. Such indemnification is acknowledged and agreed to be on a Solicitor and own Client basis if involving any court process or proceeding.
The Client agrees to defend, indemnify, and hold Grow to Scale harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Services (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of any Grow to Scale property by you, your employees, agents, or customers; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers (f) violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees and/or (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.
19. CONFIDENTIALITY
“Confidential Information” is information which relates to Client’s research, development, trade secrets or business affairs, but does not include information which is generally known or easily ascertainable by non-parties of ordinary skill in computer systems design and programming.
Grow To Scale hereby acknowledges that during the performance of the Project or delivery of the Services, we learn or receive Confidential Information. All Confidential information will be kept confidential, except to the extent that it must be divulged to our employees, associates, contractors or Agents in order for us to complete the Project and deliver the Services.
The Company has permission to reference general information from the Project or Services for marketing and business development purposes so long as no information is given that would reveal the identity or specific business of the Client unless the Client specifically agrees to it.
The Client agrees to allow Grow To Scale to include any work completed for the Client in case studies for public use. These case studies are intended to be shared at conferences, in blogs, in webinars, in paid products and/or in other educational or promotional ways. We agree to protect your private data at all times. Whenever possible, data will be anonymized, with the exception of the Client’s permission.
Nothing herein shall prevent Grow to Scale from disclosing confidential information to its accountant or lawyer or as may be required by law.
20. WAIVER AND SEVERABILITY
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. Grow To Scale shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Grow To Scale’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Grow To Scale’s prior written consent. Grow To Scale may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the Province of Manitoba.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will be affected by the removal and rest of these Terms and Conditions will still be considered valid.
21. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Province of Manitoba, Canada, without regard to its conflict of laws principles. The exclusive tribunal for any dispute or adjudication arising from or related to this Agreement shall be the Court of King's Bench, Winnipeg Centre, Manitoba, Canada.
22. ARBITRATION
Any dispute, claim, or controversy arising out of or relating to this Agreement that cannot be resolved through direct negotiation shall be submitted to binding arbitration in Winnipeg, Manitoba, Canada, in accordance with the Arbitration Act (Manitoba), as amended from time to time.
The arbitration shall be conducted by a single arbitrator in the English language. The arbitrator’s decision shall be final and binding on the parties, and judgment on the award may be entered in any court of competent jurisdiction.
Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction in Manitoba where necessary to protect confidential information, intellectual property, or payment rights.
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