Effective Date of this Policy: July 1, 2020
Introduction
Welcome to Growth Glitch! These Terms and Conditions ("Terms") govern your use of our website (growthglitch.com), any subdomains, and all services and products provided by Growth Glitch ("we," "us," or "our"), including but not limited to digital marketing services, consulting, software, digital products, and any related offerings ("Services"). By accessing or using our website, services, or products, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website, services, or products. These Terms, together with any specific service agreements you may enter into with Growth Glitch, are collectively referred to as the "Agreement."
1. Use of the Website and Services
1.1 Eligibility
You must be at least 18 years old to use our website and services. By using our website or services, you represent and warrant that you are at least 18 years old.
1.2 Account Registration
To access certain features of our services or products, you may need to register for an account. You agree to provide accurate, complete, and current information during the registration process and to update such information as necessary to keep it accurate, complete, and current. You are responsible for safeguarding your account information, including your password, and for all activities that occur under your account.
1.3 Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
Violating any applicable laws or regulations.
Interfering with the security or proper functioning of our website, services, or products.
Attempting to gain unauthorized access to any part of our website, services, or products.
Using our website, services, or products for any unlawful or fraudulent purposes.
Uploading, transmitting, or distributing any viruses, malware, or other harmful content.
Engaging in any activity that could damage, disable, or overburden our website, services, or products.
2. Scope of Services
2.1 General Services
Growth Glitch offers a variety of services, including but not limited to digital marketing services (such as Facebook Ads Management, Setup, Automations, Pipeline Management), consulting services, software tools, and digital products. Each of these services may have specific terms and conditions outlined in a separate agreement or contract, which are supplemental to these Terms.
2.2 Independent Entities
Both Growth Glitch and the Customer are independent entities. Neither party is a strategic partner, franchisee, agent, or employee of the other. This Agreement does not create any partnership, joint venture, or similar relationship between the parties.
3. Ownership & Intellectual Property
3.1 Ownership of Designs and Deliverables
All work and associated intellectual property generated by Growth Glitch as a direct result of this Agreement, including but not limited to designs, software, strategies, and deliverables, become the sole ownership of the Customer once paid in full, unless otherwise specified in a separate agreement. Growth Glitch retains the right to use any non-confidential aspects of the work for promotional or portfolio purposes.
3.2 Ownership of Data
All data collected or created for the Customer during the provision of services remains the exclusive property of the Customer, as long as they abide by the terms in this Agreement. Growth Glitch will not rent, sell, or lease any data to third parties.
3.3 Intellectual Property Rights
All content on our website, including text, graphics, logos, images, and software, is the property of Growth Glitch or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works of any content without our prior written consent.
4. Confidentiality
4.1 Confidential Information
The existence of this Agreement, and all information obtained from, or developed for, or on behalf of the Customer by Growth Glitch as part of this Agreement, including but not limited to marketing collaterals, graphics, client data, business plans, financial information, database files, and email communication, is to be kept strictly confidential by Growth Glitch. This information shall not be shared with any third party, partner, or affiliate without receiving prior written approval from the Customer.
5. Payments & Fees
5.1 Payment Terms
Growth Glitch will charge the Customer's credit card or other payment methods provided, according to the payment schedule agreed upon in a separate agreement or contract. Payments must be made in advance for any services, products, or subscriptions unless otherwise specified.
5.2 Refunds
Refunds are not provided for any services, products, or subscriptions that have been delivered, initiated, or completed. All sales are final unless otherwise stated in a separate agreement.
6. Service Level Agreement (SLA)
6.1 Account Manager Availability
Growth Glitch account managers will be available during normal business working hours, five days a week, between 9:00 AM and 5:00 PM EST via email and phone.
6.2 Response Times
Growth Glitch strives to respond to all email requests or phone messages related to Customer projects as quickly as possible. Growth Glitch guarantees a maximum response time of 24 hours during normal business hours and 48 hours outside of business hours.
7. Term and Termination
7.1 Term
This Agreement shall commence on the date specified in the contract or service agreement and shall continue for the term specified therein. After the initial term, the Agreement may renew automatically on a month-to-month basis unless terminated by either party with 30 days' written notice.
7.2 Termination for Cause
Either party may terminate this Agreement immediately if the other party breaches any material provision of these Terms and fails to cure such breach within 10 business days after receiving written notice of the breach.
7.3 Effect of Termination
Upon termination of this Agreement, the Customer will immediately pay any outstanding fees for services rendered. Growth Glitch will cease all services and return any confidential information belonging to the Customer.
8. Disclaimers and Limitation of Liability
8.1 No Warranties
Our website, services, and products are provided "as is" and "as available," without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We do not warrant that our website, services, or products will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
8.2 Limitation of Liability
To the fullest extent permitted by law, Growth Glitch and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of our website, services, or products, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, even if we have been advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless Growth Glitch and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of our website, services, or products, your User Content, your violation of these Terms, or your violation of any rights of another.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms and your use of our website, services, and products shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
10.2 Dispute Resolution
Any disputes arising out of or relating to these Terms, or your use of our website, services, or products shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Saint Augustine, Florida, and the arbitrator's decision shall be final and binding. You agree to waive any right to a jury trial or to participate in a class action lawsuit.
11. Changes to the Terms
We reserve the right to modify or update these Terms at any time, in our sole discretion. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of our website, services, or products after the effective date of the updated Terms constitutes your acceptance of the changes.
12. Miscellaneous
12.1 Entire Agreement
These Terms, together with any specific service agreements or contracts you may enter into with Growth Glitch, constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersede and replace any other agreements, terms, and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g., reference to a purchase order number) or oral discussions are void.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.3 Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
13. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Email: info@growthglitch.com
Introduction:
Welcome to Growth Glitch! These Terms and Conditions ("Terms") govern your use of our website (growthglitch.com), any subdomains, and all services and products provided by Growth Glitch ("we," "us," or "our"), including but not limited to digital marketing services, consulting, software, digital products, and any related offerings ("Services"). By accessing or using our website, services, or products, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website, services, or products. These Terms, together with any specific service agreements you may enter into with Growth Glitch, are collectively referred to as the "Agreement."
1. Use of the Website and Services
1.1 Eligibility
You must be at least 18 years old to use our website and services. By using our website or services, you represent and warrant that you are at least 18 years old.
1.2 Account Registration
To access certain features of our services or products, you may need to register for an account. You agree to provide accurate, complete, and current information during the registration process and to update such information as necessary to keep it accurate, complete, and current. You are responsible for safeguarding your account information, including your password, and for all activities that occur under your account.
1.3 Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
Violating any applicable laws or regulations.
Interfering with the security or proper functioning of our website, services, or products.
Attempting to gain unauthorized access to any part of our website, services, or products.
Using our website, services, or products for any unlawful or fraudulent purposes.
Uploading, transmitting, or distributing any viruses, malware, or other harmful content.
Engaging in any activity that could damage, disable, or overburden our website, services, or products.
2. Scope of Services
2.1 General Services
Growth Glitch offers a variety of services, including but not limited to digital marketing services (such as Facebook Ads Management, Setup, Automations, Pipeline Management), consulting services, software tools, and digital products. Each of these services may have specific terms and conditions outlined in a separate agreement or contract, which are supplemental to these Terms.
2.2 Independent Entities
Both Growth Glitch and the Customer are independent entities. Neither party is a strategic partner, franchisee, agent, or employee of the other. This Agreement does not create any partnership, joint venture, or similar relationship between the parties.
3. Ownership & Intellectual Property
3.1 Ownership of Designs and Deliverables
All work and associated intellectual property generated by Growth Glitch as a direct result of this Agreement, including but not limited to designs, software, strategies, and deliverables, become the sole ownership of the Customer once paid in full, unless otherwise specified in a separate agreement. Growth Glitch retains the right to use any non-confidential aspects of the work for promotional or portfolio purposes.
3.2 Ownership of Data
All data collected or created for the Customer during the provision of services remains the exclusive property of the Customer, as long as they abide by the terms in this Agreement. Growth Glitch will not rent, sell, or lease any data to third parties.
3.3 Intellectual Property Rights
All content on our website, including text, graphics, logos, images, and software, is the property of Growth Glitch or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works of any content without our prior written consent.
4. Confidentiality
4.1 Confidential Information
The existence of this Agreement, and all information obtained from, or developed for, or on behalf of the Customer by Growth Glitch as part of this Agreement, including but not limited to marketing collaterals, graphics, client data, business plans, financial information, database files, and email communication, is to be kept strictly confidential by Growth Glitch. This information shall not be shared with any third party, partner, or affiliate without receiving prior written approval from the Customer.
5. Payments & Fees
5.1 Payment Terms
Growth Glitch will charge the Customer's credit card or other payment methods provided, according to the payment schedule agreed upon in a separate agreement or contract. Payments must be made in advance for any services, products, or subscriptions unless otherwise specified.
5.2 Refunds
Refunds are not provided for any services, products, or subscriptions that have been delivered, initiated, or completed. All sales are final unless otherwise stated in a separate agreement.
6. Service Level Agreement (SLA)
6.1 Account Manager Availability
Growth Glitch account managers will be available during normal business working hours, five days a week, between 9:00 AM and 5:00 PM EST via email and phone.
6.2 Response Times
Growth Glitch strives to respond to all email requests or phone messages related to Customer projects as quickly as possible. Growth Glitch guarantees a maximum response time of 24 hours during normal business hours and 48 hours outside of business hours.
7. Term and Termination
7.1 Term
This Agreement shall commence on the date specified in the contract or service agreement and shall continue for the term specified therein. After the initial term, the Agreement may renew automatically on a month-to-month basis unless terminated by either party with 30 days' written notice.
7.2 Termination for Cause
Either party may terminate this Agreement immediately if the other party breaches any material provision of these Terms and fails to cure such breach within 10 business days after receiving written notice of the breach.
7.3 Effect of Termination
Upon termination of this Agreement, the Customer will immediately pay any outstanding fees for services rendered. Growth Glitch will cease all services and return any confidential information belonging to the Customer.
8. Disclaimers and Limitation of Liability
8.1 No Warranties
Our website, services, and products are provided "as is" and "as available," without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We do not warrant that our website, services, or products will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
8.2 Limitation of Liability
To the fullest extent permitted by law, Growth Glitch and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of our website, services, or products, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, even if we have been advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless Growth Glitch and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of our website, services, or products, your User Content, your violation of these Terms, or your violation of any rights of another.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms and your use of our website, services, and products shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
10.2 Dispute Resolution
Any disputes arising out of or relating to these Terms, or your use of our website, services, or products shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Saint Augustine, Florida, and the arbitrator's decision shall be final and binding. You agree to waive any right to a jury trial or to participate in a class action lawsuit.
11. Changes to the Terms
We reserve the right to modify or update these Terms at any time, in our sole discretion. We will notify you of any material changes by posting the updated Terms on our website. Your continued use of our website, services, or products after the effective date of the updated Terms constitutes your acceptance of the changes.
12. Miscellaneous
12.1 Entire Agreement
These Terms, together with any specific service agreements or contracts you may enter into with Growth Glitch, constitute the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersede and replace any other agreements, terms, and conditions applicable to the subject matter hereof. No statements or promises have been relied upon in entering into this Agreement except as expressly set forth herein, and any conflicting or additional terms contained in any other documents (e.g., reference to a purchase order number) or oral discussions are void.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.3 Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
13. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Email: info@growthglitch.com