Last Updated: April 30, 2026
Welcome to Growth Agent! These Terms of Service ("Terms") govern your access to and use of our website, software, and services located at https://www.growth-agent.ai/ and its subdomains (collectively, the "Services") provided by Growth Agent LLC (referred to herein as "we", "us", or the "Company"). By accessing or using the Services, you agree to be bound by these Terms. These Terms together with any applicable orders you place, order forms for such orders, exhibits, appendices, schedules, professional service terms or marketing agreements, statement(s) of work, or attachments thereto, are collectively referred to as the "Agreement".
"You" or "User" refers to the individual or entity that creates an account or uses the Services. Provided that you are eligible to use the Services and subject to the Agreement, you are granted a limited, revocable, non-transferable, non-sublicensable right to access and use the Services solely for your internal business use. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and its Affiliates and represent and warrant that you have the authority to bind that organization and its Affiliates to these terms.
You must provide accurate and complete information when creating an account and keep this information up to date. You are responsible for safeguarding your account and are responsible for all activities that occur under your account. You are further responsible for providing us with accurate and updated credentials to access any Third-Party Websites and Third-Party Content, including, but not limited to, any third-party advertising platforms (e.g. Meta Ads, etc.) and any cloud storage that contains assets you want us to use as the basis for generation of new marketing content and advertisements (e.g. AWS, Azure, GCP storage of marketing copy, video, audio, assets, etc.).
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
You acknowledge and agree that the Services are currently provided as a "Beta" version and are made available on an "AS IS" and "AS AVAILABLE" basis. The Services are still undergoing testing and development and may contain bugs and errors, and while we endeavor to provide you with reliability and availability, problems, bugs, and intermittency could cause system failures or data loss. Growth Agent LLC is not obligated to provide any maintenance, technical, or other support for the Beta Services.
You further agree that Growth Agent LLC may, at its sole discretion, change, deprecate, or discontinue any feature of the Services at any time without notice. You assume all risks and all costs associated with your use of the Services. We will maintain certain data that you provide us for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although our cloud service providers perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Growth Agent operates in connection with Third-Party Websites including Slack, Meta Ads, and other third-party services. Your interactions with Growth Agent via a Third-Party Website such as Slack is not an endorsement by us of Slack or any other Third-Party Website. See Section 7 (Third-Party Websites and Content) for details.
This section applies only if you are using the Services on behalf of a third-party client or customer.
"User Data" means any and all information and data, including End-Client Data, that a User uploads, connects, or provides to the Services.
"Generated Output" means any content produced by the Services at your direction, including but not limited to ad copy, scripts, storyboards, images, video, edits, variations, strategies, recommendations, analyses, and reports.
You agree not to use the Services to:
The Services may contain (or you may be sent via the Services) links to other websites or services, including third-party API integrations and advertising platforms ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third-Party Websites, you do so at your own risk, and you should be aware these Terms no longer govern such access and use. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you access or use from the Services. We disclaim all responsibility and liability for any Third-Party Websites and Third-Party Content, including but not limited to, any information or materials advertised in any Third-Party Content, and you shall hold us harmless from any direct or indirect damages, fees, penalties, fines, or other losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Growth Agent offers tiered subscription plans (Pro, Grow, and Scale) for the Agent plan, as well as optional Creative Production plans. Each plan includes monthly usage allowances that reset on your billing cycle date. Subscriptions auto-renew on a monthly basis until canceled by you.
All prices are listed and charged in US Dollars (USD). By subscribing to a paid plan, you authorize Growth Agent LLC to charge your provided payment method on a recurring monthly basis until you cancel your subscription.
All payments for the Services are processed by Stripe, Inc., a third-party payment processor. Stripe is PCI-DSS compliant and adheres to industry-standard security practices for handling payment card data.
We do not store full credit card details, CVV codes, or complete payment card numbers on our servers. Your payment information is held securely by Stripe. By providing payment information, you agree to Stripe's terms of service and privacy policy in addition to these Terms.
You are responsible for ensuring that your payment information remains current, valid, and accurate at all times. Failure to maintain accurate payment information may result in failed charges and service interruption. You shall be responsible for the payment of any fees associated with an electronic funds transfer (i.e., ACH, wire transfer) when issuing payment to us, which includes fees from your financial institution and intermediary banks. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
In certain instances where your payment method is via credit card, the issuer of the credit card may charge a transaction fee or related charges, which you will be responsible to pay. Fees will be billed to the credit card nominated by you and you authorize the card issuer to pay all such amounts and authorize us (or our billing agent) to charge the credit card account until you or we cancel or terminate the Services as set forth herein; provided however, that if payment is not received from the credit card issuer, the transaction is returned after the payment has been settled, otherwise known as chargeback, or if there are insufficient funds in the case of check or debit card payments, you agree to pay all amounts plus any applicable transaction fees (e.g., NSF fees, chargeback fees) due upon demand via another acceptable payment method specified herein.
All subscription fees are non-refundable except where required by applicable law. Add-on usage purchases are also non-refundable.
If a scheduled payment fails, our payment processor will automatically retry the charge according to their standard retry schedule. During the retry period, your account will be marked as past due.
If all retry attempts are exhausted without a successful charge, your subscription may be canceled and your account downgraded to the free tier. It is your responsibility to update your payment method promptly to avoid service interruption. We may notify you of payment failures via the Services interface. If any invoiced amount is not received by the due date set forth in the applicable invoice/pay period, then without limiting our rights or remedies, (a) those charges may accrue late interest at the rate of 2.5% of the outstanding balance per month, and (b) we may condition future order renewals on payment terms shorter than those specified in the applicable account tier. You are prohibited from creating new accounts until the outstanding fees due are paid in full.
We reserve the right to change subscription pricing at any time. For existing subscribers, any price changes will take effect at the next renewal following at least 30 days' notice.
The Services access and use third-party large language models and other generative AI systems to produce Generated Output and may also incorporate results from User-specific large language models developed or "fine-tuned" by us at your request. Generated Output may be inaccurate, incomplete, outdated, biased, fabricated ("hallucinated"), or otherwise unsuitable for your intended use. Performance data, recommendations, and analyses provided by the Services are for informational purposes only and do not constitute legal, financial, tax, medical, or professional advice.
You are solely responsible for reviewing, verifying, and approving all Generated Output before relying on it, publishing it, or executing it. Without limiting the foregoing, you are solely responsible for ensuring that any Generated Output you publish, run as advertising, or otherwise distribute:
No Guaranteed Results. Growth Agent LLC makes no representation, warranty, or guarantee regarding the performance, return on ad spend, conversions, revenue, or other business outcomes that may result from using the Services or any Generated Output. Past performance is not indicative of future results. Advertising performance is affected by numerous factors outside our control, including auction dynamics, platform algorithms, market conditions, seasonality, and your product and offer.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AS A "BETA" PRODUCT. GROWTH AGENT LLC MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOU ARE SOLELY RESPONSIBLE FOR THE ACTIONS YOU TAKE BASED ON THE OUTPUT OF THE SERVICES, INCLUDING THE FINAL REVIEW AND APPROVAL OF ANY CAMPAIGNS, CREATIVES, COPY, OR MODIFICATIONS LAUNCHED, PUBLISHED, OR EXECUTED BY THE SERVICES ON YOUR AD ACCOUNTS OR ELSEWHERE.
IN NO EVENT SHALL GROWTH AGENT LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY GENERATED OUTPUT OR YOUR USE THEREOF; (C) ANY ADVERTISING CAMPAIGN OR SPEND EXECUTED THROUGH OR ON THE BASIS OF THE SERVICES; OR (D) ANY THIRD-PARTY CLAIM RELATING TO YOUR USE OF GENERATED OUTPUT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
User Indemnification. You agree to defend, indemnify, and hold harmless Growth Agent LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Services or Generated Output; (ii) your violation of these Terms; (iii) your violation of any law or third-party right (including intellectual property, publicity, privacy, and advertising laws); or (iv) any advertising or marketing campaign you launch, publish, or run using Generated Output.
These Terms govern your use of the Growth Agent software product only. If you have a separate agreement with Growth Agent LLC or another Agency for marketing, consulting, or other services that may be used in conjunction with the Services ("Marketing Services"), that agreement governs the Marketing Services. Any disputes arising from a Marketing Services agreement must be resolved directly between the parties to that agreement. Growth Agent LLC shall not be liable for any claims related to Marketing Services provided by a third-party Agency, even if such services are delivered using our Services.
We may terminate or suspend your access to the Services at any time, with or without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If your subscription to the Services is on a monthly basis, you may terminate the Services at any time and your access to the Services will cease at the end of the month of termination. User Data will be available for offboarding from the Services for a period of thirty (30) days after you provide us with notice of termination, after which we will delete all User Data in our possession, subject to any back-up, audit log, or data retention policies, or applicable law. In the case that we retain any User Data for the foregoing reasons, we shall maintain the confidentiality of such User Data for the duration of the retention.
You agree to comply with reasonable requests to support public relations efforts pertaining to the Services, which efforts may include: (a) a press release highlighting your company's use of the Services, (b) participation in targeted press and analyst interviews highlighting benefits of implementing the Services, and (c) participation in customer case studies developed by us and used on our website(s) and other collateral. You grant us a non-exclusive, non-transferable, limited right to use your name, trademarks, and logos (collectively, the "Customer Marks") (i) for the purpose of referencing you as our customer on the Company website(s) and (ii) in the production of marketing materials, provided that such use is in accordance with any trademark and logo use guidelines that you provide us. All goodwill developed from such use shall be solely for your benefit.
You may (but are not obligated to) provide suggestions, comments, or other feedback to us with respect to the Services ("Feedback"). Notwithstanding the foregoing, you grant us a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose, provided that the Feedback does not utilize User Data.
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in San Diego, California.
Neither Party will be responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay or failure is caused by an event or circumstance beyond the reasonable control of the Party whose performance is affected and could not have been prevented or corrected through the exercise of reasonable diligence, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Growth Agent LLC employees), Internet service provider failure or delay, integrated third-party web or mobile applications, or denial of service attack (each such event, a "Force Majeure Event"). The Party alleging a Force Majeure Event (the "Affected Party") will promptly notify the other Party in writing of the Force Majeure Event, providing reasonable detail of the circumstances giving rise to the Force Majeure Event, and the steps it is taking to remedy the delay or failure. Notwithstanding the foregoing, financial incapability will not be considered as a Force Majeure Event.
If you have any questions about these Terms, please contact us at support@growth-agent.ai.