TERMS OF SERVICE
Last Updated: September, 2026
These Terms of Service ("Terms") govern your access to and use of the websites, applications, software, tools, features, and services provided under the Click Growths brand, including clickgrowths.com, app.clickgrowths.com, and any related products or services made available by Click Growths.
Click Growths ("Click Growths," "we," "us," or "our").
By creating an account, purchasing a subscription, accepting an order form, accessing the Platform, or otherwise using our Services, you agree to these Terms.
Your use of the Platform is also subject to our Privacy Policy.
If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
If you do not agree with these Terms, you must not access or use the Platform or Services.
1. DEFINITIONS
For purposes of these Terms:
"Account" means an account created or provided to access the Platform.
"Customer Data" means information, contacts, leads, customer records, files, messages, communications, business information, and other data uploaded, collected, stored, transmitted, or processed through your Account.
"End User" means any customer, lead, prospect, employee, contractor, client, website visitor, or other person whose information you collect, manage, communicate with, or process using the Platform.
"Fees" means subscription fees, service fees, usage charges, communication charges, add-on charges, setup fees, implementation fees, or other amounts payable to Click Growths.
"Platform" means the websites, CRM functionality, applications, software, communication tools, automation tools, artificial intelligence features, integrations, and related technology made available by Click Growths, including through app.clickgrowths.com.
"Services" means the Platform and any related services offered by Click Growths, including services described in an applicable subscription, proposal, order form, statement of work, or separate agreement.
"Third-Party Services" means products, infrastructure, telecommunications networks, payment processors, software, APIs, artificial intelligence providers, integrations, hosting providers, data providers, and other services supplied by third parties.
"You" or "Customer" means the person or business using the Platform or Services and includes authorized employees, representatives, agents, and users acting on that person's or business's behalf.
2. ELIGIBILITY AND BUSINESS USE
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Platform.
The Platform is primarily intended for business, commercial, professional, or trade use.
When creating an Account, you agree to provide accurate, complete, and current information.
You are responsible for ensuring that all individuals using the Platform through your Account are authorized to do so and comply with these Terms.
3. ACCOUNT OWNERSHIP
Unless otherwise agreed in writing, the business entity for which an Account was created will generally be considered the Account owner.
If a dispute arises regarding Account ownership, Click Growths may request documentation reasonably necessary to determine ownership, including:
- payment records;
- business registration documents;
- identification;
- authorization documents;
- contracts;
- court orders; or
- other relevant evidence.
Click Growths may temporarily restrict or suspend access while an ownership dispute is being resolved.
We are not required to act as an arbitrator between individuals claiming ownership of an Account.
4. DESCRIPTION OF THE PLATFORM
Depending on your subscription or service package, the Platform may provide functionality including:
- customer relationship management;
- contact and lead management;
- marketing automation;
- workflows;
- forms and surveys;
- calendars and appointment scheduling;
- websites and landing pages;
- email functionality;
- SMS, MMS, RCS, voice, or other communication functionality;
- sales pipelines;
- reporting;
- payment integrations;
- reputation or review management;
- artificial intelligence functionality;
- integrations with third-party applications;
- customer communications;
- marketing tools; and
- related business functionality.
Not every feature is included in every plan.
Certain features may require additional payment, third-party accounts, verification, registration, approval, deposits, usage balances, or compliance requirements.
We may add, change, restrict, replace, suspend, or discontinue features from time to time.
5. THIRD-PARTY TECHNOLOGY AND SERVICE PROVIDERS
Click Growths may use Third-Party Services to provide portions of the Platform.
You acknowledge that certain Platform functionality may therefore depend on infrastructure, software, networks, telecommunications companies, artificial intelligence providers, payment processors, hosting providers, email providers, data providers, and other third parties.
By enabling or using a Third-Party Service, you authorize Click Growths and its service providers to exchange information with that provider as reasonably necessary to provide the requested functionality.
Your use of a Third-Party Service may also be subject to that provider's own terms, policies, restrictions, fees, and availability.
Click Growths does not control Third-Party Services and is not responsible for their acts, omissions, outages, service changes, data practices, pricing changes, suspensions, errors, or discontinuation.
We do not guarantee that any particular Third-Party Service will continue to integrate or operate with the Platform.
6. CUSTOMER RESPONSIBILITIES
You are responsible for your use of the Platform and for all activity occurring through your Account.
You agree to:
- use the Platform only for lawful purposes;
- comply with all applicable laws and regulations;
- maintain any licenses, registrations, permissions, authorizations, and consents required for your business;
- ensure your employees, contractors, agents, and authorized users comply with these Terms;
- ensure that Customer Data is collected and processed lawfully;
- maintain appropriate privacy notices for your End Users;
- obtain all legally required permissions and consents;
- maintain accurate records where proof of consent is required;
- promptly honor legally valid opt-out and unsubscribe requests;
- protect your Account credentials;
- prevent unauthorized access to the Platform; and
- comply with applicable third-party terms when using integrated services.
Click Growths does not provide legal, tax, accounting, regulatory, medical, financial, or other professional compliance advice through the Platform.
You are responsible for determining which laws and regulations apply to your business.
7. COMMUNICATIONS, SMS, EMAIL, CALLS AND MARKETING COMPLIANCE
The Platform may allow you to send or receive communications including SMS, MMS, RCS, email, telephone calls, automated calls, voicemail, or other electronic communications.
You acknowledge that you, and not Click Growths, determine the content, timing, recipients, purpose, and audience of communications sent through your Account.
For legal and regulatory purposes, you may be considered the sender, marketer, advertiser, seller, or telemarketer responsible for those communications.
You are solely responsible for complying with all applicable marketing and communications laws, which may include, depending on your location and recipients:
- the Telephone Consumer Protection Act (TCPA);
- Telemarketing Sales Rule (TSR);
- CAN-SPAM Act;
- applicable Do Not Call laws;
- state-specific telemarketing laws;
- carrier requirements;
- 10DLC requirements;
- GDPR and European electronic communications rules;
- Canada's Anti-Spam Legislation (CASL);
- applicable privacy legislation; and
- similar local, state, federal, national, or international regulations.
You must obtain all legally required consent before contacting a person through the Platform.
You must not use the Platform to contact individuals where you lack the level of consent required by applicable law.
You are responsible for maintaining records demonstrating consent when required.
You are also responsible for unsubscribe mechanisms, opt-outs, quiet-hour requirements, sender identification, registration obligations, calling restrictions, and similar compliance requirements.
Features made available by Click Growths to assist with compliance are provided for convenience and do not constitute legal advice or guarantee compliance.
8. COMMUNICATION AND USAGE CHARGES
Certain Services may incur usage-based charges.
These may include charges related to:
- SMS or MMS;
- RCS messaging;
- telephone numbers;
- outbound or inbound calls;
- email sending;
- artificial intelligence usage;
- data enrichment;
- verification services;
- premium workflows;
- third-party integrations;
- payment processing; or
- other usage-based features.
Where applicable, these charges may be billed separately from your subscription.
Rates may change if our underlying providers, carriers, or vendors change their rates.
You authorize Click Growths to charge the applicable payment method or account balance for Services you use or enable.
You are responsible for monitoring your own usage.
9. PRIVACY AND CUSTOMER DATA
Your use of the Platform is also subject to the Click Growths Privacy Policy.
You retain ownership of Customer Data that you lawfully upload or provide through the Platform.
You grant Click Growths and its service providers a limited right to host, copy, transmit, process, modify where technically necessary, and otherwise use Customer Data solely as reasonably necessary to:
- provide the Platform;
- process communications;
- provide requested functionality;
- maintain security;
- provide support;
- prevent fraud or abuse;
- comply with legal obligations; and
- improve or operate the Services as permitted by applicable law and our Privacy Policy.
You represent that you have all rights, permissions, notices, and consents required to provide Customer Data for processing through the Platform.
10. YOUR END USERS, PRIVACY RESPONSIBILITIES AND DATA RIGHTS
If you collect or process personal information belonging to customers, leads, prospects, employees, website visitors, or other individuals through the Platform, you are responsible for your relationship with those individuals.
You are responsible for providing any legally required privacy notices and obtaining any required consent.
You must maintain your own privacy policy where required.
You are responsible for responding to requests from individuals regarding their personal information, including legally valid requests for:
- access;
- deletion;
- correction;
- portability;
- restriction;
- objection;
- withdrawal of consent; or
- other applicable privacy rights.
Click Growths may provide reasonable assistance when technically necessary to allow you to fulfill such requests.
Where you act as the controller, business, data fiduciary, or equivalent party responsible for Customer Data, you are also responsible for determining whether a security incident involving that data creates any legal notification obligation.
You are responsible for providing legally required notifications to affected individuals, regulators, authorities, or other parties in relation to Customer Data under your control, except to the extent applicable law places a particular notification obligation directly on Click Growths.
Where appropriate and reasonably available, Click Growths may provide information or assistance necessary for you to assess or meet those obligations.
11. DATA RETENTION AND DELETION
You are responsible for establishing appropriate retention periods for Customer Data based on your business requirements and applicable law.
You should export or download any Customer Data you require before cancelling or terminating your Account.
Following suspension, cancellation, or termination, Customer Data may remain technically available for a limited period, but Click Growths does not guarantee post-termination storage or recovery unless specifically agreed in writing.
Customer Data may eventually be permanently deleted from active systems or underlying Third-Party Services.
Certain information may be retained where required by law, necessary for fraud prevention, dispute resolution, accounting, security, legitimate business purposes, or enforcement of these Terms.
12. DATA SECURITY
You are responsible for maintaining the confidentiality of your username, password, authentication codes, API credentials, and other Account credentials.
You must take reasonable measures to prevent unauthorized access to your Account.
Where available, you should use appropriate security features including multi-factor authentication.
You must promptly notify Click Growths if you become aware of:
- unauthorized Account access;
- compromised credentials;
- suspected fraud;
- a security incident affecting the Platform;
- unauthorized disclosure of Customer Data; or
- other suspected misuse.
You remain responsible for activity occurring through your Account where access resulted from your failure to adequately secure your credentials, systems, devices, employees, or integrations.
No internet-based service can guarantee absolute security.
13. SENSITIVE INFORMATION
You must not use the Platform to process information where doing so would violate applicable law or require security or contractual safeguards that have not been specifically enabled or agreed to by Click Growths.
Unless expressly agreed in writing, you must not upload or process Protected Health Information ("PHI") subject to HIPAA through the Platform.
You are responsible for determining whether your use requires a Business Associate Agreement, specialized compliance package, or other contractual or technical safeguard.
You should not submit highly sensitive or confidential personal information into artificial intelligence features unless you have confirmed that such processing is lawful and appropriate.
14. ARTIFICIAL INTELLIGENCE FEATURES
The Platform may include artificial intelligence, machine learning, automated chat, voice AI, generative AI, or related functionality.
AI-generated output may be inaccurate, incomplete, outdated, misleading, offensive, or inappropriate.
You are responsible for reviewing and validating AI-generated content before publishing, sending, using, or relying upon it.
AI-generated content does not constitute legal, financial, tax, medical, accounting, or other licensed professional advice.
You must not use AI features:
- unlawfully;
- to discriminate unlawfully;
- to impersonate another person deceptively;
- to engage in fraud or deception;
- to create malicious software;
- to violate privacy rights;
- to infringe intellectual property rights;
- to generate unlawful content;
- to make prohibited automated decisions with significant legal effects;
- to spread intentionally deceptive information;
- to perform unlawful surveillance; or
- for another prohibited use described in these Terms.
Where legally required, you are responsible for informing individuals when they are interacting with an automated AI chatbot, AI assistant, or AI voice system.
AI functionality may be supplied or supported by third-party providers. Information submitted to such functionality may be processed by those providers in accordance with the applicable service configuration, contractual arrangements, provider terms, and privacy requirements.
15. PROHIBITED USE
You may not use the Platform to:
- violate any applicable law or regulation;
- send spam or unlawful marketing communications;
- facilitate scams, phishing, fraud, or deceptive conduct;
- distribute malware, viruses, malicious scripts, or harmful code;
- gain unauthorized access to another person's Account, computer, network, system, or data;
- interfere with or disrupt the Platform;
- overload, attack, probe, scan, or test systems without authorization;
- conduct denial-of-service attacks;
- bypass security or usage restrictions;
- reverse engineer, decompile, disassemble, or attempt to discover underlying source code except where such restriction is prohibited by law;
- scrape or automatically extract Platform content without authorization;
- impersonate another individual or business;
- infringe intellectual property rights;
- violate privacy or data protection rights;
- distribute unlawful sexually exploitative content;
- exploit or harm children;
- engage in unlawful harassment or threats;
- promote illegal products, services, or activities;
- engage in fraudulent review generation or fake endorsements;
- interfere with other users' access to the Platform;
- remove or alter proprietary notices, ownership notices, or security controls without authorization;
- access or use the Platform primarily to copy, benchmark, reverse engineer, or build a competing software product in a manner prohibited by applicable law or these Terms; or
- use the Platform in another manner that could create legal, security, financial, or reputational harm to Click Growths, its providers, or other users.
We may investigate suspected violations and may restrict or suspend Accounts where reasonably necessary to protect the Platform, users, service providers, or third parties.
16. CUSTOMER CONTENT
You retain ownership of content, trademarks, logos, photographs, videos, files, text, customer records, and other material you upload to the Platform.
You grant Click Growths and its service providers a limited license to process that content as reasonably necessary to provide the Services.
You represent and warrant that:
- you own the content or have permission to use it;
- the content does not violate applicable law;
- the content does not infringe third-party rights; and
- you have authority to allow the Platform to process it.
We may remove or restrict access to content where we reasonably believe the content violates these Terms, applicable law, third-party rights, or provider requirements.
17. CLICK GROWTHS INTELLECTUAL PROPERTY
Except for Customer Data, Customer Content, and third-party materials, the Click Growths website, branding, documentation, workflows, designs, written materials, service materials, custom configurations, and other content created and owned by Click Growths are protected by applicable intellectual property laws.
These Terms do not transfer ownership of Click Growths intellectual property to you.
You receive only the limited right to access and use the Platform during your active subscription or service period.
Third-party software and technology remain the property of their respective owners and licensors.
18. FEEDBACK
If you voluntarily provide suggestions, ideas, feature requests, recommendations, or other feedback regarding the Platform, you authorize Click Growths to use that feedback without restriction or compensation, provided that doing so does not grant us ownership of your confidential business information or Customer Data.
19. SUBSCRIPTIONS, FEES AND AUTO-RENEWAL
Certain Services require payment of recurring subscription Fees.
Unless otherwise stated in an applicable proposal, order form, checkout page, or separate agreement, subscription Fees are billed in advance on a monthly or annual basis.
By purchasing a recurring subscription, you authorize Click Growths or its payment processor to automatically charge your selected payment method for each renewal period until the subscription is cancelled.
You are responsible for maintaining accurate billing and payment information.
We may change pricing from time to time.
Pricing changes will normally apply to a future billing period unless a different arrangement is stated in your agreement.
Usage-based Fees may be charged separately and may vary according to actual usage.
20. FAILED PAYMENTS
If payment cannot be processed, we may:
- retry the payment;
- request an alternative payment method;
- restrict functionality;
- suspend communication services;
- suspend the Account; or
- terminate the Services.
You remain responsible for unpaid Fees incurred before suspension or termination.
You are also responsible for valid chargeback costs, collection costs, or third-party fees arising from improper payment disputes to the extent permitted by applicable law.
21. CANCELLATION
Unless your order form, proposal, service agreement, or subscription specifies otherwise, you may cancel a recurring Platform subscription before the next renewal date.
Cancellation normally prevents future subscription renewals and does not automatically reverse Fees already charged for the current billing period.
You remain responsible for usage charges and other Fees incurred before cancellation becomes effective.
Cancelling one Service does not automatically cancel separately purchased Services, integrations, communication numbers, add-ons, marketing services, or subscriptions unless expressly stated.
22. REFUNDS
Except where required by applicable law or expressly stated in a separate written agreement, Fees paid to Click Growths are non-refundable once charged.
This includes:
- subscription Fees;
- setup Fees;
- implementation Fees;
- communication usage;
- artificial intelligence usage;
- third-party service charges;
- add-on Fees; and
- partially used subscription periods.
Click Growths may issue a refund or account credit at its discretion, but doing so in one case does not create an obligation to provide refunds in future cases.
Different refund or cancellation provisions contained in a signed agreement, order form, or proposal will control over this section.
23. TAXES
Unless expressly stated otherwise, Fees exclude applicable taxes.
You are responsible for taxes, duties, levies, withholding obligations, VAT, GST, sales taxes, or other governmental assessments applicable to your purchase or use of the Services, except taxes based solely on Click Growths' income.
If applicable law requires Click Growths or a payment provider to collect tax, the applicable amount may be added to your charges.
You are separately responsible for taxes arising from transactions between you and your own customers.
24. PAYMENTS AND ECOMMERCE
The Platform may provide features allowing you to accept payments, sell products or services, issue invoices, or connect third-party payment processors.
Unless expressly stated otherwise, Click Growths is not the seller or merchant of record for transactions between you and your customers.
You are responsible for:
- products and services you sell;
- prices;
- refunds;
- returns;
- taxes;
- fulfillment;
- customer support;
- warranties;
- disputes;
- chargebacks;
- regulatory disclosures;
- consumer protection compliance; and
- the legality of your transactions.
Payment processing may be performed by Third-Party Services and may be subject to additional terms.
25. PLATFORM AVAILABILITY, FAIR USE AND TECHNICAL LIMITS
We aim to provide reliable access to the Platform but do not guarantee uninterrupted operation.
The Platform may become unavailable because of:
- maintenance;
- software updates;
- telecommunications outages;
- internet failures;
- provider outages;
- API failures;
- security events;
- regulatory requirements;
- infrastructure failures; or
- circumstances outside our reasonable control.
We may modify, replace, suspend, restrict, or discontinue parts of the Platform.
Unless separately agreed in writing, no specific uptime or service-level guarantee applies.
Use of the Platform may also be subject to reasonable technical, rate, capacity, fair-use, carrier, or third-party provider limits.
If use of the Platform is excessive, abusive, creates security or performance risks, materially affects other users, violates provider limits, or causes unusual third-party resource consumption, we may reasonably throttle, restrict, suspend, or require changes to such usage.
26. BETA AND EARLY-ACCESS FEATURES
Some functionality may be provided as beta, experimental, preview, or early-access functionality.
Such functionality may contain errors, change substantially, or be discontinued.
Beta functionality is provided on an "as available" basis without any commitment that it will become generally available.
27. NO BUSINESS RESULTS GUARANTEE
Click Growths does not guarantee that use of the Platform will result in:
- increased revenue;
- increased sales;
- additional customers;
- additional leads;
- improved advertising results;
- specific conversion rates;
- specific appointment numbers;
- profitability; or
- any other particular business outcome.
Business results depend on numerous factors outside the Platform and Click Growths' control.
Any examples, case studies, projections, forecasts, or previous results are illustrative and do not guarantee future performance.
28. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CLICK GROWTHS DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY.
WE DO NOT WARRANT THAT:
- THE PLATFORM WILL ALWAYS BE AVAILABLE;
- THE PLATFORM WILL BE ERROR-FREE;
- EVERY FEATURE WILL CONTINUE TO EXIST;
- THIRD-PARTY SERVICES WILL REMAIN AVAILABLE;
- DATA WILL NEVER BE LOST;
- COMMUNICATIONS WILL ALWAYS BE DELIVERED;
- AUTOMATIONS WILL ALWAYS EXECUTE;
- AI OUTPUT WILL ALWAYS BE ACCURATE; OR
- THE PLATFORM WILL SATISFY EVERY BUSINESS OR REGULATORY REQUIREMENT.
Some jurisdictions do not permit certain warranty exclusions, in which case the applicable exclusions will apply only to the maximum extent legally permitted.
29. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLICK GROWTHS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE PLATFORM OR SERVICES.
THIS INCLUDES LOSS OF:
- PROFITS;
- REVENUE;
- BUSINESS;
- GOODWILL;
- OPPORTUNITIES;
- DATA;
- CUSTOMERS;
- COMMUNICATIONS; OR
- USE OF THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLICK GROWTHS' TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID DIRECTLY TO CLICK GROWTHS FOR THE APPLICABLE PLATFORM SERVICES DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
For free Services, our aggregate liability will not exceed USD $100 or its local-currency equivalent, to the extent permitted by law.
Nothing in these Terms excludes liability that cannot lawfully be excluded.
30. INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Click Growths, its owners, officers, employees, contractors, affiliates, and service providers from third-party claims, liabilities, damages, losses, costs, and reasonable legal expenses arising from or relating to:
- your unlawful use of the Platform;
- Customer Data supplied by you;
- your communications or marketing campaigns;
- your products or services;
- your relationship with your customers;
- your violation of these Terms;
- your violation of applicable law;
- your failure to obtain required consent;
- your violation of privacy rights;
- your failure to honor opt-outs;
- content supplied by you;
- intellectual property infringement caused by your content;
- your employees, contractors, agents, or authorized users;
- your use of artificial intelligence functionality;
- your tax obligations; or
- your use of Third-Party Services.
This section does not require you to indemnify Click Growths for liability caused solely by Click Growths' own conduct where such indemnification is prohibited by applicable law.
31. SUSPENSION AND TERMINATION
We may suspend, restrict, or terminate access to the Platform where reasonably necessary because of:
- non-payment;
- suspected fraud;
- security risks;
- spam complaints;
- excessive chargebacks;
- unlawful conduct;
- telecommunications violations;
- privacy violations;
- abuse of the Platform;
- violation of these Terms;
- violation of provider requirements;
- government or regulatory requests; or
- conduct that presents material risk to Click Growths, our providers, other users, or third parties.
Where reasonably practicable, we may provide notice before suspension or termination, but immediate action may be necessary in certain circumstances.
Upon termination, your right to use the affected Services ends.
Sections that by their nature should survive termination, including payment obligations, intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute provisions, will survive termination.
32. THIRD-PARTY SERVICE SUSPENSION
Certain features may be restricted or terminated because of actions taken by carriers, payment processors, software vendors, artificial intelligence providers, hosting providers, compliance vendors, or other Third-Party Services.
Click Growths cannot guarantee restoration of functionality suspended by a third-party provider.
Certain assets, including communication numbers, integrations, sending domains, or other third-party resources, may be released, suspended, reassigned, or deleted after termination depending on provider policies.
33. ACCOUNT TRANSFERS
Requests to transfer Account data, configurations, telephone numbers, domains, or other assets may be subject to:
- verification;
- technical feasibility;
- third-party provider policies;
- outstanding balances;
- ownership verification; and
- applicable Fees.
We do not guarantee that every Account component, automation, integration, configuration, communication number, domain, or data relationship can be transferred to another system.
34. SEPARATE SERVICE AGREEMENTS AND DATA PROCESSING TERMS
Click Growths may provide marketing, advertising, implementation, automation, consulting, funnel development, website development, CRM setup, appointment generation, or other professional services under a separate proposal, order form, statement of work, or service agreement.
Where a separate signed agreement applies, that agreement and these Terms will be interpreted together.
Where required by applicable privacy law or agreed with a Customer, a separate Data Processing Addendum or similar data-processing agreement may also apply.
If there is a direct conflict between these Terms and a separately signed agreement relating to a specific Service, the separately signed agreement will control for that Service.
35. FORCE MAJEURE
Click Growths will not be responsible for failure or delay caused by events reasonably outside our control, including:
- internet outages;
- telecommunications failures;
- hosting failures;
- third-party provider outages;
- natural disasters;
- war;
- terrorism;
- civil disturbance;
- labor disputes;
- government actions;
- regulatory changes;
- cyberattacks;
- power failures;
- fires;
- floods;
- epidemics or pandemics; or
- similar events beyond our reasonable control.
36. ASSIGNMENT
You may not assign or transfer your rights under these Terms without our prior written consent.
Click Growths may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, change of control, or transfer of the business or relevant Services.
37. SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, that provision will be limited or modified to the minimum extent necessary, and the remaining provisions will remain effective.
38. WAIVER
Failure by Click Growths to enforce a provision of these Terms does not waive our right to enforce that provision or another provision later.
39. ENTIRE AGREEMENT
These Terms, our Privacy Policy, any applicable Data Processing Addendum, order forms, proposals, statements of work, and separately signed service agreements constitute the agreement between you and Click Growths regarding the applicable Services.
They replace prior discussions or representations regarding those Services to the extent those discussions are inconsistent with the final agreement.
40. CHANGES TO THESE TERMS
We may update these Terms from time to time.
The updated version will be posted with a revised "Last Updated" date.
Where required by law or where a change materially affects your rights, we may provide additional notice through the Platform, by email, or through another reasonable method.
Your continued use of the Platform after revised Terms become effective constitutes acceptance of those revised Terms to the extent permitted by law.
41. ELECTRONIC COMMUNICATIONS
You agree that Click Growths may provide account, billing, technical, security, service, and legal notices electronically, including through:
- email;
- the Platform;
- Account notifications; or
- other legally permitted electronic methods.
You are responsible for keeping your primary Account email address accurate and accessible.
Transactional, security, billing, legal, and service communications may still be sent even if you unsubscribe from marketing communications.
42. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and any dispute arising from them will be governed by the laws of India, without regard to conflict-of-law principles.
Subject to any mandatory rights available under applicable law, the competent courts located in Mohali, Punjab, India will have jurisdiction over disputes arising from these Terms.
Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction where necessary to protect intellectual property, confidential information, security, or prevent immediate harm.
43. CONTACT INFORMATION
Questions concerning the Platform, these Terms, billing, or legal matters may be directed to:
Click Growths
Operated by: Click Growths
Website: clickgrowths.com
Platform: app.clickgrowths.com
Email: support@clickgrowths.com
Address: Mohali, Punjab, India
44. ACCEPTANCE
BY CREATING AN ACCOUNT, PURCHASING A SUBSCRIPTION, ACCEPTING AN ORDER FORM, CLICKING AN ACCEPTANCE BUTTON OR CHECKBOX, OR ACCESSING OR USING THE PLATFORM AFTER BEING PRESENTED WITH THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE AND THAT YOU HAVE BEEN PROVIDED WITH AND REVIEWED THE PRIVACY POLICY.