Terms of Service
Last updated: January 2025
1. Introduction and Acceptance
Welcome to GrowthScale. These Terms of Service ("Terms") govern your use of our website located at [website URL] (the "Service") operated by GrowthScale ("us", "we", or "our").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service. GrowthScale reserves the right to refuse or cancel service to anyone for any reason at any time.
2. Description of Service
GrowthScale provides digital marketing, business growth consulting, and related services designed to help businesses scale their operations and increase their market presence. Our services include but are not limited to:
- Digital marketing strategy and implementation
- Business process optimization
- Market research and analysis
- Sales funnel development
- Customer acquisition strategies
- Brand development and positioning
- Performance analytics and reporting
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to our users.
3. User Accounts and Registration
To access certain features of our Service, you may be required to create an account. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Providing accurate and complete information during registration
- Updating your information to keep it current
- Notifying us immediately of any unauthorized use of your account
You must be at least 18 years old to create an account. By creating an account, you represent and warrant that you have the legal capacity to enter into these Terms.
4. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Use the Service in any way that violates applicable laws or regulations
- Transmit or procure the sending of any advertising or promotional material without our prior written consent
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service
- Use the Service to send, receive, upload, download, use, or reuse any material that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
- Attempt to gain unauthorized access to any portion or feature of the Service
- Use any automated system to access the Service in a manner that sends more request messages to our servers
5. Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of GrowthScale and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
You retain ownership of any content you submit to us, but you grant us a worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, perform, distribute, and display such content for the purpose of providing and improving our Service.
6. Payment Terms and Billing
For paid services, the following terms apply:
- All fees are stated in USD unless otherwise specified
- Payment is due according to the schedule outlined in your service agreement
- Late payments may incur additional charges and interest as permitted by law
- We reserve the right to suspend or terminate services for non-payment
- Refunds are provided according to our refund policy, which is incorporated by reference
- All fees are non-refundable unless specifically stated otherwise in your service agreement
You authorize us to charge your designated payment method for all amounts owed under these Terms. If your payment method is declined, you remain responsible for all charges.
7. Privacy and Data Protection
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.
We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.
You consent to the collection, use, and disclosure of your information as described in our Privacy Policy, which is incorporated into these Terms by reference.
8. Service Availability and Modifications
We strive to provide continuous service, but we cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We may also impose limits on certain features or restrict access to parts or all of the Service.
In the event of significant changes to the Service that materially affect your use, we will provide notice through the Service or via email to registered users.
9. Limitation of Liability
In no event shall GrowthScale, 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 use of the Service.
Our total liability to you for all damages arising out of or relating to the Service or these Terms shall not exceed the amount you paid us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
10. Warranty Disclaimer
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we exclude all representations, warranties, and conditions relating to our Service.
We do not warrant that:
- The Service will meet your specific requirements
- The Service will be uninterrupted, timely, secure, or error-free
- The results obtained from the use of the Service will be accurate or reliable
- The quality of any products, services, information, or other material purchased by you will meet your expectations
11. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination:
- Your right to use the Service will cease immediately
- All provisions of the Terms which by their nature should survive termination shall survive
- You remain liable for all amounts due up to the date of termination
- We may delete your account and associated data
You may terminate your account at any time by contacting us or using the account deletion feature in your user settings.
12. Governing Law and Jurisdiction
These Terms shall be interpreted and governed by the laws of the Philippines, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the Philippine Dispute Resolution Center, Inc. (PDRCI), except where prohibited by law.
You consent to the personal jurisdiction of the courts located in Quezon City, Philippines for any action not subject to arbitration.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will 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. Miscellaneous
These Terms constitute the entire agreement between you and GrowthScale regarding the use of the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
You may not assign or transfer your rights or obligations under these Terms without our written consent. We may freely assign our rights and obligations under these Terms.
15. Contact Information
If you have any questions about these Terms of Service, please contact us:
Company: GrowthScale
Address: 800 EDSA West Kamias, Quezon City 1102, Philippines
Phone: +63 2 8927 3324
Email: [email protected]
Business Hours: Mon-Fri: 9:00-18:00, Sat: 9:00-13:00
For urgent legal matters, please send a detailed email to our legal department with "Legal Notice" in the subject line.
By continuing to access or use our Service, you acknowledge that you have read these Terms of Service and agree to be bound by them.
If you do not agree to these terms, please discontinue use of our Service immediately.