Growth Pattern Marketing LLC
Effective Date: 09/05/2025
These Terms of Service (“Terms”) are a legal agreement between you (“Client”) and Growth Pattern Marketing LLC (“Company,” “we,” “us,” or “our”). By accessing or using our services, you agree to these Terms. If you do not agree, you should not use our services.
1. Company Information
Growth Pattern Marketing LLC is a limited liability company organized under the laws of Florida. Our website is www.growthpatternmarketing.com, and our contact email is [email protected].
2. Definitions
For purposes of these Terms, “Services” means the AI voice agents, AI chatbots, marketing automation, and digital marketing services we provide. “AI Systems” means the software, bots, and automation tools we develop or manage. “Third-Party Services” means platforms and tools operated by others that we integrate with, including but not limited to GoHighLevel. “Client Data” means all information, content, or training data you provide to us for use with the Services. “Confidential Information” means any non-public information shared between us.
3. Services Provided and Limitations
We provide AI-powered marketing services that may include automation, chatbots, voice agents, and other digital tools. While our systems are designed to be accurate and effective, they are not guaranteed to be free of errors. AI systems are assistive tools and should not be relied upon as the sole basis for business decisions. Clients are responsible for reviewing and approving any AI-generated outputs before using them with customers.
4. Payment Terms
Services are typically billed on a monthly recurring basis, and setup or onboarding fees may apply. All payments are due on the date specified in your invoice. Late or failed payments may result in suspension of Services until the balance is paid in full. Setup fees are non-refundable once services begin, and monthly fees are non-refundable once a billing cycle has started.
5. Client Responsibilities
You agree to provide accurate and lawful data for training and service delivery. You are responsible for ensuring that your communications and marketing campaigns comply with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and FCC regulations. You are also responsible for reviewing AI outputs, keeping your account and billing information accurate, and securing any necessary customer consents before using the Services.
6. Intellectual Property
All software, AI models, and systems provided by us remain our exclusive property. We grant you a limited, non-transferable license to use these tools during the term of your subscription. All Client Data remains your property; however, you grant us a license to use it solely for the purpose of providing the Services. Any materials created by the AI systems during service may be used by you, but the underlying systems, code, and processes remain ours.
7. Data Privacy and Security
We take reasonable measures to safeguard Client Data. Some data may be processed or stored through third-party service providers. You remain responsible for compliance with applicable privacy laws, including ensuring that you have obtained necessary permissions and consents from your customers before submitting their data for processing.
8. Limitation of Liability
We do not guarantee uninterrupted service or error-free AI outputs. To the maximum extent permitted by law, our liability for any claims related to the Services is limited to the total amount paid by you to us during the three months immediately preceding the claim. We are not liable for any indirect, incidental, or consequential damages, including but not limited to lost profits, data loss, or business interruption.
9. Termination
You may terminate your agreement with us at any time by providing thirty (30) days’ written notice. We may suspend or terminate your Services if you fail to pay, misuse the Services, or violate these Terms. Upon termination, your access to the Services will end, and all outstanding fees remain due.
10. Service Levels
We strive to maintain at least 99% uptime, excluding scheduled maintenance and outages beyond our control. We are not responsible for downtime caused by third-party providers.
11. Third-Party Services
Our Services may rely on integrations with third-party platforms such as GoHighLevel. We are not responsible for the availability, performance, or changes made by these third-party services, and your use of them is subject to their own terms and policies.
12. Refund Policy
Setup fees are non-refundable once services begin. Monthly fees are non-refundable once the billing cycle has started. Refunds may be considered if we fail to provide contracted services.
13. Indemnification
You agree to indemnify, defend, and hold harmless Growth Pattern Marketing LLC, its officers, employees, and contractors from any claims, damages, or expenses resulting from your misuse of the Services, your non-compliance with laws, or your use of AI-generated outputs with customers.
14. Compliance with Laws
You are solely responsible for ensuring compliance with all communication and marketing regulations, including but not limited to TCPA, CAN-SPAM, and FCC rules. We provide tools to assist but do not guarantee legal compliance.
15. Dispute Resolution
Any disputes will first be attempted to be resolved through good faith negotiations. If unresolved, disputes shall be submitted to binding arbitration in Florida under the rules of the American Arbitration Association. Both parties waive the right to a jury trial or class action.
16. Changes to Terms
We may update these Terms at any time. Updates will be posted on our website, and continued use of the Services after updates are posted constitutes acceptance of the revised Terms.
17. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules.
18. Entire Agreement
These Terms, together with any signed service proposals or agreements, constitute the entire agreement between you and Growth Pattern Marketing LLC.