Terms of Service

Acceptance of Terms

By creating an account, accessing our website at www.progrowth.services, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

Description of Services

ProGrowth Services provides AI-powered marketing automation, fractional CMO services, content creation, and related professional services to businesses. Our services include but are not limited to:

• Marketing strategy development and execution
• Marketing automation platform setup and management
• AI-assisted content creation and video generation
• Fractional Chief Marketing Officer (CMO) services
• SEO, GEO, and AEO optimization services
• Social media marketing and management
• Lead generation and nurturing campaigns

Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

If you are using our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

Account Registration

Account Creation

To access certain features of our services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

Account Security

You are responsible for maintaining the security of your account credentials. ProGrowth Services cannot and will not be liable for any loss or damage arising from your failure to maintain account security.

Use of Services

License Grant

Subject to these Terms, ProGrowth Services grants you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your business purposes.

Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable local, state, national, or international law
• Infringe upon or violate our intellectual property rights or the rights of others
• Transmit any harmful, offensive, or illegal content
• Engage in any conduct that restricts or inhibits anyone's use of our services
• Use our services to spam, phish, or engage in fraudulent activities
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the integrity or performance of our services
• Reverse engineer, decompile, or disassemble any aspect of our services
• Use automated systems to access our services without permission
• Resell, redistribute, or sublicense our services without authorization

Intellectual Property Rights

Our Content

The services, including all content, features, functionality, software, text, graphics, logos, and trademarks, are owned by ProGrowth Services or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Your Content

You retain ownership of any content you submit, upload, or provide through our services ("Your Content"). By submitting Your Content, you grant ProGrowth Services a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute Your Content solely for the purpose of providing our services to you.

You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not infringe upon third-party rights
• Your Content complies with these Terms and applicable laws

Payment Terms

Fees and Billing

Certain aspects of our services may require payment. By purchasing our services, you agree to pay all applicable fees as described at the time of purchase. Fees may include:

• Monthly or annual subscription fees
• One-time project fees
• Usage-based fees for certain features
• Additional charges for premium services

Payment Processing

All payments are processed securely through third-party payment processors. You agree to provide accurate payment information and authorize us to charge your designated payment method.

Refund Policy

Refunds are handled on a case-by-case basis according to our refund policy. Generally:

• Monthly subscriptions may be canceled at any time, effective at the end of the current billing period
• Annual subscriptions are generally non-refundable after 30 days
• Custom project fees are subject to the specific project agreement
• Refund requests must be submitted to billing@progrowth.services

Late Payments

If payment is not received by the due date, we reserve the right to suspend or terminate your access to services until payment is received. Late payments may be subject to interest charges of 1.5% per month or the maximum rate permitted by law, whichever is lower.

Service Level Agreement

We strive to provide reliable and high-quality services. However, we do not guarantee uninterrupted or error-free service. Our services are provided "as is" and "as available."

For paid enterprise plans, specific service level commitments may be outlined in a separate Service Level Agreement (SLA).

Confidentiality

During our business relationship, you may share confidential information with us, and we may share confidential information with you. Both parties agree to:

• Protect confidential information from unauthorized disclosure
• Use confidential information only for the agreed purposes
• Return or destroy confidential information upon request or termination

Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from third parties.

Termination

Termination by You

You may terminate your account at any time by:

• Canceling your subscription through your account settings
• Contacting our customer support team
• Sending a termination notice to support@progrowth.services

Termination by Us

We may suspend or terminate your access to our services at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent or illegal activities
• Non-payment of fees
• Extended period of inactivity
• Any reason we deem necessary to protect our services or users

Effect of Termination

Upon termination:

• Your right to access and use our services will immediately cease
• You remain responsible for any outstanding fees
• We may delete your account and data (subject to our data retention policies)
• You may request a copy of your data within 30 days of termination

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE 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
• Warranties that our services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that defects will be corrected

We do not warrant that our services will meet your requirements or expectations. Your use of our services is at your sole risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROGROWTH SERVICES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services or procurement
• Service interruptions or delays
• Unauthorized access to or use of your data

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $500, WHICHEVER IS GREATER.

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so some of these limitations may not apply to you.

Indemnification

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

• Your use of our services
• Your violation of these Terms
• Your violation of any rights of third parties
• Your Content or any content you submit through our services

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.

Arbitration

Any dispute arising from these Terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in Dallas, Texas, and judgment on the award may be entered in any court having jurisdiction.

Exceptions to arbitration include:

• Claims for injunctive or equitable relief
• Small claims court disputes (up to the jurisdictional limit)
• Intellectual property disputes

Class Action Waiver

You agree that any arbitration or proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and ProGrowth Services regarding our services.

Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

Waiver and Severability

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision is found to be unenforceable, the remaining provisions will continue in full force and effect.

Assignment

You may not assign or transfer these Terms or your rights and obligations without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of war, government actions, or internet infrastructure failures.

Contact Information

For questions about these Terms of Service, please contact us:

By using our services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. This agreement was last updated on January 15, 2025 and is effective as of January 1, 2024.