Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to GrowingLoop, operated by The Automatic Office, Corp. dba GrowingLoop, Inc. ("GrowingLoop," "we," "us," or "our").

These Terms constitute a legally binding agreement between you and GrowingLoop. Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Modifications: We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through our Services. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

2. DEFINITIONS

For purposes of these Terms, the following definitions apply:

• "Account" means your registered user account with GrowingLoop.
• "Campaign" means a marketing experiment or advertising initiative managed through the Services.
• "Content" means text, images, videos, data, creative assets, and other materials you upload, submit, or generate using the Services.
• "Customer Data" means all data, information, and materials you provide to the Services, including uploaded assets and campaign information.
• "Generated Content" means marketing materials, ad copy, hypotheses, and other content created by our AI systems.
• "Platform" means GrowingLoop's marketing intelligence software and applications.
• "Services" means the Platform and all associated features, tools, and functionalities provided by GrowingLoop.
• "Third-Party Platform" means external services you integrate with GrowingLoop (e.g., LinkedIn, Facebook, TikTok, Google).

3. ELIGIBILITY

3.1 Age Requirements

You must be at least 18 years old to use the Services. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

3.2 Geographic Restrictions

The Services are intended for use in jurisdictions where such use is lawful. You may not use the Services if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals.

3.3 Business Use

The Services are designed for business and professional use. Personal, non-commercial use may be subject to additional restrictions.

4. ACCOUNT TERMS

4.1 Account Creation

To access the Services, you must create an Account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your Account information
• Keep your password secure and confidential
• Immediately notify us of any unauthorized access to your Account
• Accept responsibility for all activities that occur under your Account

4.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials. GrowingLoop cannot and will not be liable for any loss or damage arising from your failure to protect your Account information.

4.3 Account Suspension

We reserve the right to suspend or terminate your Account if:

• You violate these Terms
• Your Account is involved in fraudulent activity
• You fail to pay fees when due
• Your use of the Services poses a security risk
• Required by law or regulation

4.4 One Account Per User

Each user may maintain only one Account. Creating multiple Accounts to circumvent restrictions or access additional features is prohibited.

5. USE OF SERVICES

5.1 License Grant

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

5.2 Service Features

The Services include, but are not limited to:

• Asset Intelligence: AI-powered creative asset analysis and management
• Awareness Planet: Automated paid advertising campaign optimization
• Engagement Planet: Email sequence automation and optimization
• Belief System: Cross-product learning and hypothesis generation
• Multi-Agent AI: Strategy, creative, and analyst agents with adversarial critics

5.3 Service Availability

We strive to provide continuous availability but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to:

• Scheduled maintenance
• Emergency repairs
• Third-party service disruptions
• Force majeure events

We will make reasonable efforts to notify you of planned maintenance in advance.

5.4 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Services.

5.5 Beta Features

We may offer beta, pilot, or experimental features ("Beta Features"). Beta Features are provided "as is" and may contain bugs or errors. We may discontinue Beta Features at any time without notice.

6. AI-GENERATED CONTENT

6.1 Nature of AI Services

GrowingLoop uses artificial intelligence to generate marketing hypotheses, ad copy, creative suggestions, and strategic recommendations ("Generated Content"). You acknowledge that:

• AI systems are probabilistic and may produce unexpected or imperfect outputs
• Generated Content requires human review and approval
• We do not guarantee the accuracy, effectiveness, or appropriateness of Generated Content
• Final responsibility for published content rests with you

6.2 Human Oversight Required

6.3 Content Quality

While our AI systems are designed to produce high-quality content, we make no warranties regarding:

• Grammatical perfection
• Brand voice consistency
• Marketing effectiveness
• Compliance with advertising regulations
• Absence of bias or inappropriate content

6.4 Ownership of Generated Content

Subject to these Terms and provided you comply with all applicable laws:

• You own the rights to Generated Content created using your Customer Data
• We retain no ownership claims to your specific Generated Content
• We reserve the right to use aggregated, anonymized insights from AI interactions to improve the Services

6.5 AI Training and Improvement

We may use aggregated, anonymized data from your use of the Services to improve our AI models, but:

• We will not use your specific creative assets to train models accessible to other users
• Your proprietary strategies and campaigns remain confidential
• Insights are aggregated across many users before being used for model improvement

7. INTELLECTUAL PROPERTY

7.1 GrowingLoop's Intellectual Property

The Services, including all software, algorithms, designs, trademarks, and documentation, are owned by GrowingLoop or our licensors and are protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble the Platform
• Remove or alter any proprietary notices
• Use our trademarks without written permission
• Frame or mirror any part of the Services

7.2 Your Content

You retain all rights to your Customer Data and creative assets. By using the Services, you grant GrowingLoop a limited license to:

• Store and process your Content to provide the Services
• Display your Content within your Account
• Perform AI analysis on your Content
• Create backups for service continuity

This license terminates when you delete your Content or close your Account, except for:

• Content retained in backups (deleted within 30 days)
• Anonymized, aggregated data used for service improvement

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant GrowingLoop a perpetual, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Services without compensation or attribution.

7.4 Copyright Infringement

We respect intellectual property rights. If you believe content on our platform infringes your copyright, contact us at:

Your notice must include:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• A statement under penalty of perjury
• Your physical or electronic signature

8. THIRD-PARTY INTEGRATIONS

8.1 Supported Platforms

The Services integrate with various third-party platforms, including but not limited to:

• LinkedIn
• Facebook
• TikTok
• Google (Ads, YouTube)

8.2 Authorization

To use third-party integrations, you must:

• Grant GrowingLoop necessary permissions through OAuth or equivalent
• Comply with the third-party platform's terms of service
• Ensure you have authority to connect accounts
• Maintain active accounts on third-party platforms

8.3 Third-Party Terms

Relevant third-party policies:

• LinkedIn User Agreement
• Facebook Terms of Service
• TikTok Terms of Service
• Google Terms of Service

8.4 Platform Changes

Third-party platforms may modify their APIs, terms, or services at any time. We are not responsible for:

• Changes to third-party platform features
• Disruptions in third-party services
• Third-party platform policy violations
• Account suspensions on third-party platforms

8.5 Data Access

When you connect a third-party account, we access only the data necessary to provide the Services. See our Privacy Policy for details on data handling.

8.6 Revoking Access

You may revoke GrowingLoop's access to third-party platforms at any time through:

• Your GrowingLoop Account settings
• The third-party platform's permission settings

Revoking access may limit or disable certain Services features.

9. PAYMENT TERMS

9.1 Fees

Use of the Services may require payment of fees. Current pricing is available at our website or in your Account dashboard.

9.2 Billing

By providing payment information, you:

• Authorize us to charge fees to your payment method
• Represent that you have authority to use the payment method
• Agree to keep payment information current
• Accept responsibility for all charges incurred

9.3 Subscription Plans

If you subscribe to a paid plan:

• Subscriptions automatically renew unless canceled
• You will be charged at the beginning of each billing cycle
• Price changes will be communicated 30 days in advance
• Cancellations take effect at the end of the current billing period

9.4 Free Trials

We may offer free trials. Unless you cancel before the trial ends, you will be automatically charged for a subscription.

9.5 Refunds

All fees are non-refundable except:

• Where required by law
• At GrowingLoop's sole discretion
• Due to billing errors

9.6 Late Payment

If payment fails:

• We may suspend access to the Services
• Late fees may apply (1.5% per month or maximum allowed by law)
• We may terminate your Account after 30 days

9.7 Taxes

Fees do not include taxes. You are responsible for all applicable taxes except those based on GrowingLoop's net income.

10. USER RESPONSIBILITIES

10.1 Accurate Information

You are responsible for ensuring that all information you provide is accurate, current, and complete.

10.2 Compliance with Laws

You must comply with all applicable laws and regulations when using the Services, including:

• Advertising and marketing regulations (FTC, FDA, etc.)
• Data protection laws (GDPR, CCPA, etc.)
• Intellectual property laws
• Export control laws
• Anti-spam legislation (CAN-SPAM, CASL, etc.)

10.3 Content Review

You are solely responsible for reviewing and approving all content before publication, including AI-generated content.

10.4 Third-Party Accounts

You are responsible for maintaining compliance with all third-party platform terms and ensuring you have necessary permissions for connected accounts.

10.5 Security

You must:

• Implement reasonable security measures to protect your Account
• Not share your credentials with others
• Report security vulnerabilities to security@growingloop.com
• Notify us immediately of any suspected unauthorized access

11. PROHIBITED CONDUCT

You may NOT use the Services to:

11.1 Illegal Activities

• Violate any applicable laws or regulations
• Infringe intellectual property rights
• Engage in fraudulent activities
• Promote illegal products or services

11.2 Harmful Content

• Create or distribute malware, viruses, or malicious code
• Publish content that is defamatory, obscene, or hateful
• Harass, threaten, or intimidate others
• Promote violence or illegal discrimination

11.3 Service Abuse

• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use automated tools to scrape or collect data
• Reverse engineer or decompile the Platform
• Circumvent usage limits or restrictions
• Create multiple accounts to evade restrictions

11.4 Misrepresentation

• Impersonate others or misrepresent your identity
• Make false claims about products or services
• Provide misleading information to GrowingLoop

11.5 Spam and Abuse

• Send unsolicited commercial messages
• Violate CAN-SPAM, CASL, or similar laws
• Use purchased or scraped email lists without consent
• Engage in excessive or abusive messaging practices

12. WARRANTIES AND DISCLAIMERS

12.1 Services Provided "As Is"

To the maximum extent permitted by law, GrowingLoop disclaims all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation
• Security or absence of viruses

12.2 No Marketing Guarantees

We do not guarantee or warrant:

• Specific marketing results or ROI
• Increased sales or conversions
• Audience engagement levels
• Campaign success rates
• Third-party platform approval of your content

12.3 AI Limitations

AI-generated content may contain errors, inaccuracies, or inappropriate material. You are solely responsible for reviewing and approving all content before use.

12.4 Third-Party Services

We are not responsible for the availability, accuracy, or performance of third-party platforms or services integrated with GrowingLoop.

12.5 Your Responsibility

You assume all risk for your use of the Services and any actions taken based on AI recommendations or Generated Content.

13. LIMITATION OF LIABILITY

13.1 No Consequential Damages

IN NO EVENT SHALL GROWINGLOOP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• Loss of profits
• Loss of revenue
• Loss of data
• Loss of business opportunity
• Reputational harm
• Cost of substitute services

13.2 Maximum Liability Cap

GROWINGLOOP'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• $100 USD, OR
• The amount you paid to GrowingLoop in the 12 months preceding the claim

13.3 Basis of the Bargain

These limitations reflect the allocation of risk between the parties. The Services' pricing reflects these limitations, and GrowingLoop would not provide the Services without them.

13.4 Exceptions

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13.5 Third-Party Claims

We are not liable for any claims, damages, or losses arising from your use of third-party platforms or services.

14. INDEMNIFICATION

14.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless GrowingLoop, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of third-party rights (including intellectual property rights)
• Your Customer Data or content you publish
• Your marketing campaigns or advertising activities
• Claims that your content is defamatory, fraudulent, or violates advertising laws

14.2 Defense and Settlement

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense and will not settle any claim without our prior written consent.

14.3 Notice

We will provide you with prompt notice of any claim subject to indemnification, though failure to provide timely notice does not relieve your obligations except to the extent you are prejudiced by the delay.

15. TERMINATION

15.1 Termination by You

You may terminate your Account at any time by:

• Using the account cancellation feature in your Account settings
• Contacting support@growingloop.com

Termination takes effect at the end of your current billing period. You remain responsible for all charges incurred before termination.

15.2 Termination by Us

We may suspend or terminate your Account immediately, with or without notice, for:

• Violation of these Terms
• Non-payment of fees
• Fraudulent activity
• Security concerns
• Legal or regulatory requirements
• Extended inactivity (180+ days)
• Repeated complaints from third parties

15.3 Effect of Termination

Upon termination:

• Your access to the Services is immediately revoked
• Your Customer Data is retained for 30 days, then deleted
• Outstanding fees become immediately due
• All licenses granted to you terminate
• Sections that by their nature should survive termination remain in effect

15.4 Data Retrieval

You have 30 days after termination to export your data. After 30 days, we may permanently delete your data.

15.5 No Refunds

Termination does not entitle you to a refund of any fees paid, except as required by law.

15.6 Survival

The following provisions survive termination: Intellectual Property, Warranties and Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at legal@growingloop.com to attempt informal resolution. We will work in good faith to resolve disputes within 30 days.

16.2 Binding Arbitration

Except as provided below, any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration Procedures:

• One arbitrator will be selected according to AAA rules
• Arbitration will be conducted in English
• The arbitrator's decision is final and binding
• Judgment on the award may be entered in any court
• Each party bears its own attorneys' fees unless the arbitrator awards fees

16.3 Class Action Waiver

16.4 Exceptions to Arbitration

Either party may bring a claim in small claims court if it qualifies. Either party may also seek injunctive relief in court to prevent intellectual property infringement or misuse of confidential information.

16.5 Opt-Out Right

You may opt out of arbitration by sending written notice to legal@growingloop.com within 30 days of accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

16.6 Changes to Arbitration

If we make future changes to this arbitration provision (other than address changes), you may reject the change by sending written notice within 30 days of the change.

17. GOVERNING LAW

17.1 Choice of Law

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law provisions.

17.2 Venue

To the extent arbitration does not apply, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction in those courts.

17.3 International Use

The Services are controlled and operated from the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

17.4 Export Compliance

You may not use the Services in violation of U.S. export laws and regulations. You represent that you are not located in a country subject to U.S. embargo and are not on any U.S. list of prohibited parties.

18. CHANGES TO TERMS

18.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Notify you via email at least 30 days before the effective date
• Post a notice on our website
• Update the "Last Updated" date at the top of these Terms

18.2 Acceptance of Changes

Your continued use of the Services after the effective date of changes constitutes acceptance of the modified Terms.

18.3 Rejection of Changes

If you do not agree to modified Terms, you must stop using the Services and may terminate your Account. Termination does not relieve you of obligations incurred before termination.

18.4 Material Changes

Material changes include modifications to:

• Payment terms
• Dispute resolution procedures
• Liability limitations
• Your rights or our obligations

18.5 Version History

Previous versions of these Terms are available upon request at legal@growingloop.com.

19. CONTACT INFORMATION

For questions about these Terms, please contact us: