Terms of Service

1. Acceptance of Terms

By accessing or using GrowthMachines (the "Service"), you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access the Service. These terms apply to all users of the platform, including individuals and organizations.

2. Description of Service

GrowthMachines provides an AI-powered sales automation platform including email outreach, sales CRM, agentic SDR (Sales Development Representative) capabilities, conversational booking, and related services. The Service uses artificial intelligence to automate prospecting, email campaigns, response handling, and appointment scheduling.

3. User Accounts and Connected Services

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. When you connect third-party services (such as Google Workspace email accounts), you authorize us to access and use those services on your behalf in accordance with these Terms.

You represent that you have the authority to connect any email accounts and grant us the necessary permissions to send emails, read responses, and perform other actions required to deliver our services.

4. Data Ownership and Licensing

4.1 Your Content

You retain ownership of content you create and upload to the Service, such as email templates, campaign configurations, and custom knowledge bases.

4.2 Contact and Prospect Data

Contact and prospect data generated, enriched, or processed through our platform is licensed to you, not owned by you. This includes data obtained through our prospecting tools, data enrichment services, and AI-generated insights. You are granted a non-exclusive, non-transferable license to use this data solely for your business purposes in connection with the Service during your active subscription.

Upon termination of your account, your license to platform-generated prospect data terminates. You may export contact data you originally provided, but may not retain or export data exclusively sourced through our platform's generation and enrichment capabilities.

4.3 License Grant to GrowthMachines

By using the Service, you grant GrowthMachines a worldwide, non-exclusive, royalty-free license to use, process, and analyze data submitted to or generated through our platform for the purposes of: (a) providing and improving our services; (b) training and enhancing our AI models; (c) generating aggregated insights and analytics; and (d) developing new features and capabilities.

5. AI Services, Automation, and User Responsibility

Our Service utilizes artificial intelligence and machine learning technologies to provide automated email responses (AI SDR), prospect engagement, conversational booking, and campaign optimization. You acknowledge and agree that:

5.1 AI Content Disclaimer

• AI-generated content may contain errors, inaccuracies, or inappropriate responses. This includes but is not limited to: AI SDR email replies, automated scheduling, calendar bookings, prospect classification, and any other AI-generated communications or actions.
• We make no guarantees regarding the accuracy, appropriateness, or effectiveness of AI-generated content.
• Scheduling and booking automation may result in errors including but not limited to: incorrect times, timezone mismatches, double bookings, or missed appointments.
• AI outputs may not always be accurate, contextually appropriate, or aligned with your business requirements.

5.2 Your Responsibility to Monitor and Approve

YOU ARE SOLELY RESPONSIBLE FOR:

• Reviewing, approving, and monitoring all campaigns, messages, and automated actions before and during execution
• Verifying the accuracy and appropriateness of all AI-generated content, including AI SDR responses and booking confirmations
• Supervising and overseeing all automated communications sent on your behalf
• Configuring appropriate safeguards, approval workflows, and review processes for your campaigns
• Training and configuring AI systems with accurate knowledge bases and appropriate response guidelines
• Monitoring calendar integrations and booking automation for accuracy

GrowthMachines is a technology platform and tool provider. We do not review, approve, or take responsibility for the content of communications sent through our platform or the accuracy of automated actions. You bear full responsibility for all content and actions performed using our Service.

5.3 AI Model Training

• Data processed through our Service may be used to train and improve our AI models
• We continuously improve our models using aggregated and anonymized platform data

6. Third-Party Services

We utilize third-party service providers to deliver our platform, including but not limited to AI model providers, cloud infrastructure, email delivery services, and data processing services. We reserve the right to engage, change, or add third-party providers at our discretion to maintain and improve service quality. By using our Service, you consent to your data being processed by such third-party providers in accordance with our Privacy Policy.

7. Acceptable Use

You agree not to use the Service to:

• Send spam or unsolicited bulk email in violation of applicable laws
• Violate CAN-SPAM, GDPR, CASL, or other applicable email regulations
• Harvest email addresses or contact information without consent
• Impersonate others or misrepresent your identity or affiliation
• Send content that is illegal, harmful, threatening, or harassing
• Attempt to circumvent rate limits, security measures, or platform restrictions
• Use the Service for any illegal or unauthorized purpose

8. Legal Compliance and User Responsibility

YOU ARE SOLELY RESPONSIBLE for compliance with ALL applicable laws, regulations, and industry standards when using our Service. This includes but is not limited to:

• Email marketing laws (CAN-SPAM, GDPR, CASL, PECR, and all other applicable regulations)
• Data protection and privacy laws in all jurisdictions where you operate or send communications
• Anti-spam legislation and regulations
• Consumer protection laws
• Industry-specific regulations applicable to your business
• Terms of service of connected third-party platforms (Google, etc.)

GrowthMachines is a platform and tool provider. We provide features to assist with compliance (such as unsubscribe links, suppression lists, and opt-out handling), but we do not provide legal advice and make no representations regarding the legal compliance of your campaigns or use of the Service. You should consult with qualified legal professionals regarding your compliance obligations.

We may suspend or terminate accounts that generate excessive bounces, spam complaints, or appear to violate applicable laws or platform policies.

9. No Professional Advice

GROWTHMACHINES DOES NOT PROVIDE LEGAL, FINANCIAL, TAX, MEDICAL, OR OTHER PROFESSIONAL ADVICE. The Service is an automation and technology platform only.

Even if you use our AI features to generate content that relates to legal, financial, tax, medical, investment, insurance, or other regulated or professional topics:

• Such content does not constitute professional advice
• AI-generated content should not be relied upon as accurate or appropriate for any specific situation
• You bear full responsibility for reviewing and verifying any such content before use
• You should consult qualified professionals for advice in these areas
• We disclaim all liability for any reliance on AI-generated professional content

You assume full liability and responsibility for all content generated through our platform and any consequences arising from its use, including but not limited to claims arising from inaccurate, inappropriate, or non-compliant communications.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GROWTHMACHINES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, or goodwill
• Damages arising from AI-generated content, including AI SDR responses
• Damages arising from scheduling errors, booking mistakes, or calendar automation
• Damages arising from inaccurate, inappropriate, or failed automated communications
• Damages arising from third-party claims related to your campaigns or communications
• Damages arising from non-compliance with applicable laws or regulations
• Loss of business opportunities, reputation, or customer relationships

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE SPECIFICALLY DISCLAIM ANY WARRANTY THAT:

• The Service will be uninterrupted, timely, secure, or error-free
• AI-generated content will be accurate, appropriate, or effective
• AI SDR responses will be suitable for your specific business needs
• Scheduling and booking automation will be error-free
• The results obtained from using the Service will meet your requirements
• Any errors in the Service will be corrected

YOU USE THE SERVICE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, REPUTATION, OR THIRD-PARTY RELATIONSHIPS RESULTING FROM YOUR USE OF THE SERVICE.

12. Indemnification

You agree to indemnify, defend, and hold harmless GrowthMachines and its officers, directors, employees, agents, affiliates, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service, including all automated and AI-generated communications
• Content of emails, messages, and communications sent through the platform
• AI SDR responses and any claims arising from automated replies
• Scheduling or booking errors and any resulting disputes
• Your violation of these Terms or any applicable laws or regulations
• Your violation of any third-party rights, including privacy or intellectual property rights
• Claims from recipients of your communications or campaigns
• Your failure to obtain proper consents or comply with opt-out requests

13. Termination

We may terminate or suspend your account at any time for violation of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Service ceases immediately, and your license to platform-generated data terminates.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms on this page. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which GrowthMachines operates, without regard to its conflict of law provisions.

16. Contact Us

If you have questions about these Terms of Service, please contact us at legal@growthmachines.io