Terms of Service

These Terms bind you once you sign an Order (including electronically), accept it in writing (including by email), or pay any invoice under it. We work only with businesses, and the person accepting confirms that they can bind the business. Your own terms do not apply, even if they are referenced in a purchase order or procurement portal.

We provide growth services, which may include outbound, data enrichment, advertising, content, and pipeline infrastructure, as described in the Order. Anything not listed in the Order is not included. Changes require a written change request and may cost extra. We may use subcontractors, AI, and automation, and we may change our tools and methods. If a third-party tool changes or becomes unavailable, we may use an equivalent alternative or reasonably adjust the affected scope. AI-assisted output can contain errors, so you review it before use. A deliverable is accepted when you use it or five business days after delivery, unless within that period you tell us in writing how it materially departs from the Order. In that case we fix it, and that is your only remedy for defects.

We deliver work and systems, not outcomes. WE DO NOT GUARANTEE REVENUE, PIPELINE, MEETINGS, REPLIES, DELIVERABILITY, AD PERFORMANCE, INVESTORS, OR CAPITAL RAISED. Case studies, forecasts, and anything said in calls are examples, not promises. Except as stated in these Terms, the services are provided “AS IS,” without implied warranties.

Cooperation.

You give us the access, data, content, feedback, and approvals we need, on time. Delays on your side move our timelines, not our fees. If you do not provide something we need within 15 business days of our request, we may treat the related obligation as satisfied for scheduling and billing purposes.

Approval.

Nothing goes live without your approval. Approval by email or chat is enough, and we may rely on it.

Compliance.

You are responsible for your products, offers, and claims; for the target markets and audiences you choose or approve; for your instructions and the campaigns you approve; for obtaining any consents and regulatory approvals your business requires; and for complying with the laws that apply to your business and communications, including CAN-SPAM, the TCPA, CASL, the GDPR, and national rules such as Germany’s UWG. Each side remains responsible for the laws that apply directly to its own activities. We do not provide legal advice or legal review. We may refuse or pause anything we consider unlawful or risky, and doing so does not reduce your fees.

Accounts and systems.

You own and control your accounts and systems. You grant only the access we need. We use named users where the platform allows, and you remove our access when the Order ends. You keep appropriate backups. We are not liable for pre-existing vulnerabilities or for misuse of your credentials that we did not cause.

Lawful business.

You confirm that you and your owners are not subject to sanctions and that your business is lawful wherever you target it.

The total fees for the full term of an Order are committed when the Order is accepted. Except as required by law, they are non-cancellable and non-refundable, and they are owed whether or not you use the services or cooperate. Installments are a payment convenience, not a way to exit.

Invoices are due on receipt unless the Order says otherwise. Disputes must reach us in writing within five business days of the invoice date. You may not set off or deduct any amount. Fees exclude taxes, which you pay, other than taxes on our income.

If a payment is late, we may pause all work and access to deliverables and charge interest of 1.5% per month, or the legal maximum if lower, plus collection costs. To the fullest extent permitted by law, if two payments are overdue, or any payment is more than 30 days late, all remaining fees for the full term become due immediately.

We may collect payments through third-party payment processors, whose terms cover payment processing only. Starting a chargeback without first giving us written notice and ten business days to resolve the issue is a breach of these Terms, and the amount remains due.

Third-party costs, such as ad spend, data, domains, inboxes, software, APIs, and AI usage, are yours. They are purchased in your name on your payment method unless the Order says otherwise. Price or policy changes by those providers are your risk.

Each Order runs for the term stated in it. Unless the Order says otherwise, ongoing services then continue month to month until either side gives 30 days’ written notice. You cannot cancel an Order for convenience. You may end an Order only if we materially breach it and fail to cure the breach within 30 days after receiving detailed written notice; you then owe nothing for services not yet performed. We may end an Order immediately if you fail to pay, breach these Terms, or become insolvent, and all remaining fees for the term then become due. We may also end an Order if continuing would expose us to legal, regulatory, or reputational risk; in that case, you owe only for services performed up to the end date.

Your materials.

You keep ownership of your accounts, data, and materials, and you let us use them to do the work. You confirm that you have the rights to them.

Deliverables.

Once an Order is paid in full, you own the deliverables made specifically for you. Until then, you may use them only during the term.

Our IP.

We keep ownership of our know-how, methods, playbooks, templates, prompts, code, automations, and tools, including those embedded in your deliverables, and we may reuse them. You receive a perpetual, non-exclusive license to use what is embedded in your deliverables for your own business purposes.

References.

You grant us a perpetual, worldwide, royalty-free right to use your name, your logo, the testimonials you provide, and the results achieved for you in our marketing, case studies, and sales materials, unless the Order excludes this right. Where a testimonial names or shows an individual, you confirm that the individual has agreed. Section 12 does not restrict this right.

Where we process personal data solely on your documented instructions, you are the controller and we are your processor or service provider; other processing may involve different roles as the law requires. Where the law requires it, our data processing agreement applies and prevails on data protection matters. You confirm that all data you provide, or ask us to source or use, may lawfully be used for the services. We maintain reasonable security but cannot guarantee absolute security. We do not use your data to train AI models, and where available we use AI providers under terms that prohibit training on our inputs. Our Privacy Policy explains how we handle personal data for our own purposes.

We provide marketing, technology, and operational services only. We do not give investment advice, broker, place, or arrange investments or deals, handle investor funds, or receive compensation based on capital raised or transactions completed. The regulatory compliance of your offerings and communications is your responsibility.

WE ARE NOT LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, OPPORTUNITIES, GOODWILL, REPUTATION, OR DATA.

WE ARE NOT LIABLE FOR ACCOUNT SUSPENSIONS OR RESTRICTIONS BY LINKEDIN, GOOGLE, META, OR ANY OTHER PLATFORM, FOR LOSS OF DOMAIN OR SENDER REPUTATION, FOR SPAM FILTERING OR OUTAGES, OR FOR CHANGES IN THIRD-PARTY POLICIES, PRICING, OR APIS, UNLESS CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

OUR TOTAL LIABILITY IS CAPPED AT THE ONE-TIME FEES PAID UNDER THE ORDER GIVING RISE TO THE CLAIM, PLUS THE RECURRING FEES PAID UNDER THAT ORDER IN THE THREE MONTHS BEFORE THE CLAIM AROSE.

Claims must be brought within one year after they arise. These limits apply to the fullest extent permitted by law but do not apply to fraud or willful misconduct where the law prohibits such a limitation. They do not limit your payment obligations or your indemnity.

To the fullest extent permitted by law, you will defend and indemnify us, our team, and our subcontractors against all third-party claims, regulatory proceedings, fines, damages, and costs, including reasonable legal fees, to the extent arising from: your materials or data; data sourced or used on your instructions; your products, claims, and business; campaigns approved by or sent for you; your instructions; your regulatory obligations; or your breach of law or of these Terms. This does not apply to the extent a claim is caused by our gross negligence, willful misconduct, or violation of law. We will notify you promptly of any claim. We may control the defense at your expense or let you control it, and no settlement may impose obligations on us without our consent.

Each side keeps the other’s non-public information confidential for three years after the Order ends, and trade secrets for as long as they remain secret, except where disclosure is required by law. Our pricing, methods, and proposals are confidential. During the term and for 12 months after it, you will not hire or solicit anyone from our team who worked on your account. If you do, you will pay us a recruitment fee of 25% of that person’s first-year compensation, which both sides agree is a reasonable estimate of our replacement costs. We may work with other companies, including your competitors, and build similar systems for them, without using your confidential information.

If you accept these Terms when booking a call with us: nothing is binding until an Order is accepted; nothing we say is investment, legal, tax, or financial advice; our proposals and frameworks are confidential and belong to us; calls may be recorded with notice at the start; and Sections 3, 10, 12, and 14 apply.

These Terms are governed by the laws of the State of Delaware, excluding the UN Convention on Contracts for the International Sale of Goods. You may bring claims only in the state or federal courts located in Delaware. We may also bring claims for payment or injunctive relief wherever you are located or hold assets. EACH SIDE WAIVES ANY RIGHT TO A JURY TRIAL, AND ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY AND NOT IN ANY CLASS OR REPRESENTATIVE ACTION.

These Terms and the Order are the entire agreement and replace anything said in calls or messages; except in the case of fraud, you have not relied on anything else. Changes require written agreement by both sides, and email counts. We may update these Terms for future Orders; each Order follows the version in force when it was accepted. You may not assign an Order without our consent; we may assign it to an affiliate or successor. We are independent contractors: nothing in these Terms creates a partnership, agency, or fiduciary relationship, and we have no authority to bind you. Neither side is liable for events beyond its reasonable control, except for payment obligations. If any part of these Terms is unenforceable, the rest remains in effect. Sections 3, 5, and 7 through 14 survive the end of an Order. Notices are given by email to the addresses in the Order or to victor@029growth.com.