Last modified: November 13, 2025
GrowthX AI, Inc. ("GrowthX", "we", "us", or "our") has made these Terms of Service (the "Agreement") available to explain the terms and conditions by which you ("Customer" or "you") may access and use the GrowthX software platform to understand your brand's search ranking under popular LLM tools (the "GrowthX Platform").
If you are accessing or using the GrowthX Platform on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to "you" or "Customer" reference your company.
You must read this Agreement carefully as it governs your use of the GrowthX Platform. By accessing or using the GrowthX Platform, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the GrowthX Platform and should not use the GrowthX Platform.
Subject to your compliance with the terms and conditions of this Agreement, GrowthX hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the GrowthX Platform. You will comply with this Agreement and all applicable laws when using the GrowthX Platform. We and our affiliates own all rights, title, and interest in and to the GrowthX Platform, including the underlying technology and intellectual property rights therein.
In order to use certain portions of the GrowthX Platform, you must register an account by providing us with your email and other information requested in our registration form or by using a third-party authentication provider, such as Google Single Sign-On. By choosing to register or log in using a third-party provider, you authorize us to access and use certain information from that provider as permitted by their terms and privacy policy. You agree to provide us with complete and accurate registration information. You may not attempt to impersonate another person in registration. If you are registering for the GrowthX Platform on behalf of an organization, you warrant that you are authorized to agree to this Agreement on their behalf. You agree to be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or browser may permit unauthorized use by third-parties. If you use a third-party authentication provider, you are also subject to their terms and conditions.
GrowthX implements reasonable and appropriate technical and organizational measures designed to protect the security, confidentiality, and integrity of any data, information or other content that you make available to GrowthX in connection with your use of the GrowthX Platform ("Customer Data"). Such measures include access controls, encryption in transit, regular security assessments, and safeguards designed to prevent unauthorized access to or disclosure of Customer Data. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. GrowthX shall use commercially reasonable efforts to promptly notify you of any confirmed unauthorized access to Customer Data of which we become aware, consistent with applicable law.
GrowthX may provide Customer with access to the GrowthX Platform for free or on a pilot basis (a "Free Access Subscription"). GrowthX makes no promises that any Free Access Subscriptions will be made available under the same commercial or other terms. GrowthX may terminate Customer's right to use any Free Access Subscriptions at any time in GrowthX's sole discretion without liability; provided that GrowthX will use commercially reasonable efforts to provide Customer fifteen (15) days' written notice (email to suffice) if GrowthX elects to institute a fee for Customer's access to the GrowthX Platform or terminate Customer's Free Access Subscription without cause. Free Access Subscriptions are provided "AS-IS" without representations, express or implied warranty, or indemnities.
The GrowthX Platform is not intended for use by individuals under the age of 18. If you are an individual under the age of 18, please do not register to use the GrowthX Platform or send any personal information to us. If you have reason to believe that a child under the age of 18 is using the GrowthX Platform, please let us know immediately at privacy@growthx.ai and we will seek to revoke access and delete any associated information as quickly as possible.
You may not (i) use the GrowthX Platform in a way that infringes, misappropriates or violates any person's rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the GrowthX Platform (except to the extent such restrictions are contrary to applicable law); (iii) use output from the GrowthX Platform to develop products or services that compete with GrowthX; (iv) use any automated or programmatic method to extract data or output from the GrowthX Platform, including scraping, web harvesting, or web data extraction; (v) upload, submit, or process any content that contains or constitutes sensitive personal information, protected health information, financial account data, government-issued identification numbers, or any other data subject to heightened or special protections under applicable data protection, privacy, or security laws; (vi) use the GrowthX Platform to create, transmit, or store any malicious code, viruses, or other harmful components; (vii) attempt to probe, scan or test the vulnerability of the GrowthX Platform, breach the security or authentication measures of the GrowthX Platform without proper authorization or wilfully render any part of the GrowthX Platform unusable; or (viii) use the GrowthX Platform in violation of any applicable laws and regulations (including any export control laws). You will comply with any rate limits and other requirements in our documentation.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements, new features or functionality or other feedback (collectively, "Feedback"). If you provide any Feedback to GrowthX, you hereby grant GrowthX the right to freely use such Feedback to maintain, improve, and enhance GrowthX's current and future products, services and technologies without restriction or compensation to you. GrowthX will have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features or functionality.
In connection with the GrowthX Platform, either party (the "Disclosing Party") may disclose or make available certain Confidential Information to the other party (the "Receiving Party"). The Receiving Party may use Confidential Information only as needed to use the GrowthX Platform as permitted under this Agreement. The Receiving Party may not disclose Confidential Information to any third party, and will protect Confidential Information in the same manner that it protects its own confidential information of a similar nature, using at least reasonable care. "Confidential Information" means nonpublic information that is disclosed by either party or its affiliates or third parties to the other party and is designated as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of the Receiving Party; (ii) the Receiving Party already possesses without any confidentiality obligations when it received it under this Agreement; (iii) is rightfully disclosed to the Receiving Party by a third party without any confidentiality obligations; or (iv) the Receiving Party independently developed without using Confidential Information. The Receiving Party may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if it gives reasonable prior written notice to the Disclosing Party and uses reasonable efforts to limit the scope of disclosure, including assisting the Disclosing Party with challenging the disclosure requirement, in each case where possible.
The GrowthX Platform may integrate with or otherwise make available certain applications and materials that are developed or otherwise provided by a party other than GrowthX, including various third party cloud infrastructure or model provides (collectively, "Third Party Services"). GrowthX does not warrant or guarantee the functionality, availability, or reliability of any such Third Party Services. In addition, the use of such Third Party Services may require you to agree to additional terms and conditions imposed by the respective service providers, which are independent of this Agreement. GrowthX reserves the right to modify or discontinue any of its integrations with any Third Party Services at any time without prior notice. GrowthX will not be liable for any damages or losses resulting from such modification or discontinuation.
GrowthX may collect and use data and information relating to your access to and use of the GrowthX Platform, including technical logs, performance metrics, feature usage, configuration data, and other information about how the GrowthX Platform and related services are accessed and used ("Product Usage Data"). Product Usage Data may be collected through automated means such as system logs, analytics tools, cookies, or similar technologies. GrowthX may use Product Usage Data for purposes including: (i) maintaining, securing, and improving the GrowthX Platform; (ii) to improve and develop GrowthX's products and services; (iii) analyzing usage trends and performance; and (iv) ensuring compliance with this Agreement and applicable laws. To the extent Product Usage Data is aggregated or de-identified, GrowthX may use and disclose such data for its business purposes without restriction, provided that it does not identify you or any individual user.
To the extent the GrowthX Platform are made available to you for a fee, you will pay all fees charged to your account ("Fees") according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize GrowthX, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the GrowthX Platform until payment is received. Fees are payable in U.S. dollars and are due upon invoice issuance. All payments are nonrefundable except as provided in this Agreement.
If you have executed an order form with GrowthX with respect to the GrowthX Platform (each an "Order Form") which states that you will be billed via invoice, then invoices will be sent to via email in accordance with the Order Form. Except as otherwise set forth in an Order Form, you will make all of the undisputed fees set forth in the corresponding Order Form within thirty (30) days of the date of the invoice.
Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments ("Taxes"). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment, or additional evidence that we may reasonably require. GrowthX uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date.
We may change our prices by posting notice to your account and/or to our website. Price increases will be effective fourteen (14) days after they are posted, except for increases made for legal reasons or increases made to any free or beta services, which will be effective immediately. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes.
This Agreement takes effect when you first use the GrowthX Platform and remains in effect until terminated. You may terminate this Agreement at any time for any reason if you do not have any Order Forms then in effect by discontinuing the use of the GrowthX Platform. We may terminate this Agreement for any reason by providing you at least 30 days' advance notice. We may terminate this Agreement immediately upon notice to you if you materially breach this Agreement, if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the GrowthX Platform, with or without notice, if you do not comply with this Agreement, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.
Upon termination, you will stop using the GrowthX Platform and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of this Agreement which by their nature should survive termination or expiration should survive, including but not limited to Sections 2, 3, 4, 5, and 6.
To the maximum extent permitted by applicable law, you agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your unauthorized access or use of the GrowthX Platform; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; or (c) arising from your Customer Data.
THE GROWTHX PLATFORM IS PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE GROWTHX PLATFORM AND THE GROWTHX SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE GROWTHX PLATFORM WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CUSTOMER DATA WILL BE SECURE OR NOT LOST OR ALTERED. GROWTHX DOES NOT GUARANTEE ANY SPECIFIC RESULTS, OUTCOMES, SAVINGS, OR PERFORMANCE IMPROVEMENTS WILL BE ACHIEVED THROUGH USE OF THE GROWTHX PLATFORM.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF OR INABILITY TO ACCESS OR USE OF OUR SERVICES, NOR WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICES OR THE INFORMATION CONTAINED WITHIN IT, WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED IN THE AGGREGATE (A) THE AMOUNTS YOU HAVE PAID US TO US IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
THE FOREGOING LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
These terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
We may provide any notice to you under this Agreement using commercially reasonable means, including using public communication channels. Notices we provide by using public communication channels will be effective upon posting. Notices to GrowthX shall be addressed: by hand delivery, courier or by postal mail to GrowthX AI, Inc. 2261 Market Street, #86308, San Francisco, CA 94114, Attention to Legal Team; or by email (where permissible) to privacy@GrowthX.ai.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If an update materially adversely affects your rights or obligations under this Agreement we will use commercially reasonable efforts to provide notice to you either by emailing the email associated with your account, a pop-up notice on our website, providing an in-product notification, or through other reasonable means. Your continued use of the GrowthX Platform after any change means you agree to such change. If any change to this Agreement is not acceptable to you, you must cease all access or use of the Service.
Neither party may use the other party's name or logos without the other party's prior written consent; except that, during the term, GrowthX shall have the right to describe you as a customer, to include you in GrowthX's customer lists, and to use your name and logos to identify you as a customer on its website and in proposals and presentations to prospective clients and investors.
Except for the payment of money, neither party shall be responsible for any delay or failure in performance resulting from acts beyond its reasonable control to the extent that such acts could not have been prevented or avoided by the exercise of reasonable diligence by the affected party, including, without limitation, act of God, act of war or terrorism, riot, epidemic, fire, flood, or act of government.
You acknowledge that if you violate or breach this Agreement, it may cause irreparable harm to GrowthX, and GrowthX shall have the right to seek injunctive relief against you in addition to any other legal remedies.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
This Agreement will be governed by the laws of the State of California without regard to its conflict of law provisions. You and GrowthX agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco, CA. The failure of GrowthX to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.