Terms of Service

• Account means your registered GrowthXL user account.
• Client Content means text, images, logos, business information, customer lists, leads and any other material you upload to or create within the Services.
• Platform means the GrowthXL software-as-a-service platform we make available to you, including its web and mobile applications.
• Services means the Platform, the websites we build for you, business phone numbers, SMS and MMS messaging, voice, automations, marketing tools, CRM, review tools and any other product or service we make available to you.
• Subscription means your recurring payment arrangement for the Services.

You must be at least 18 years old, legally able to enter into a binding contract, and acting on behalf of a lawful business in order to use the Services. You agree to give accurate information when you register and to keep your Account information current. You are responsible for all activity under your Account, including activity by your employees, contractors and any other authorised users.

We provide marketing technology, websites, automation and related services to local service businesses. The features available to you depend on your Subscription. We may add, change or retire features from time to time. We will not materially reduce the core functionality of your Subscription without notice.

We currently offer a single plan:

• $297 per month — a fully built website, access to the GrowthXL Platform on web and mobile, a business phone number for calling and texting, CRM access, automations, repeat and referral campaigns, and the customer review system.

Subscriptions are month-to-month. There is no setup fee and no minimum term.

Pricing is subject to change. We will give you at least 30 days' notice of any price increase, which will take effect at the start of your next billing cycle.

• Billing in advance. Subscription fees are billed in advance of the service period.
• Auto-renewal. Your Subscription renews automatically at the then-current rate at the end of each billing cycle until you cancel.
• Payment method. Payments are processed through Stripe. By providing a payment method you authorise us to charge it for all amounts due, including Subscription fees, usage charges and applicable taxes.
• Taxes. All fees exclude taxes. You are responsible for any sales, use, value-added or similar taxes other than taxes on our income.

In addition to your Subscription fee, you incur usage-based charges for phone numbers, messaging, voice and number intelligence services. Current rates are:

Rates are subject to change with 30 days' notice.

Digital wallet. You maintain a digital wallet balance for usage charges. When your wallet balance falls below the auto-top-up threshold, we will automatically charge your payment method to refill the wallet according to the preferences you selected. You are responsible for monitoring your wallet and keeping sufficient funds in it. If the wallet is empty and auto-top-up fails, messaging and calling on your number may stop until it is funded.

All payments to Delegated AI Inc are final and non-refundable, including Subscription fees and usage charges. By signing up you acknowledge that our Services are custom-built, begin immediately on payment, and are not reversible once delivery has begun.

You agree not to initiate a chargeback or payment dispute for Services rendered. Filing a chargeback is a material breach of these Terms. We reserve the right to:

• Submit evidence of your acceptance of these Terms, your use of the Platform and our delivery records to your card issuer.
• Suspend or terminate your Account.
• Pursue recovery of the disputed amount together with any legal, collection and administrative fees we incur.

We may offer trials, discounts or promotional pricing from time to time. During a trial, limited setup may take place so that we can gather information; full Services are rendered only once paid billing begins. Promotional pricing applies for the stated period and reverts to standard pricing afterwards. A discount does not change any other term of this agreement.

Services are considered delivered and rendered once:

• Your website has been completed and made available.
• Platform and automation setup has been finalised.

Standard build time is 7 to 10 business days from the day we receive your completed onboarding form. Login assistance and onboarding support may be provided but are not a condition of fulfilment. If we do not hear from you for 30 days during a build, we may pause the project while your Subscription continues.

• We will retry a failed payment up to four times over three weeks.
• If the balance is still unpaid 48 hours after the first failed attempt, your Account and Platform access may be suspended until it is paid.
• If the balance remains unpaid for 30 days, we may terminate your Account and delete or archive Client Content as described in Section 17.

Suspension does not relieve you of the obligation to pay outstanding fees.

You may cancel at any time through the Platform or by contacting us. Cancellation takes effect at the end of the current billing cycle and you will not be charged after that. Cancelling early does not entitle you to a refund of any amount already paid or of any unused portion of a billing period.

You agree not to use the Services to:

• Send unsolicited messages, spam or unlawful communications.
• Send messages without proper consent under the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, A2P 10DLC requirements or applicable state law.
• Violate anyone's privacy or any state or federal privacy law, including the CCPA and CPRA, VCDPA, CPA, CTDPA, TDPSA, OCPA or any other applicable privacy statute.
• Send messages that are harassing, threatening, defamatory, fraudulent, obscene or otherwise unlawful.
• Promote illegal activity, or regulated activity that breaches carrier policy, such as illegal drugs, unlawful firearms sales or unlicensed gambling.
• Reverse-engineer, decompile or attempt to derive source code from the Platform.
• Resell, sublicense or provide the Services to third parties as a service bureau without our written consent.
• Use the Services to compete with Delegated AI Inc or to build a competing product.
• Attempt to get around any security measure, rate limit or technical restriction.
• Upload viruses, malware or any code intended to damage or disrupt the Services.

We may suspend or terminate any Account engaged in a prohibited activity.

We record sales, onboarding and support calls between you and Delegated AI Inc for quality assurance, training, recordkeeping and dispute resolution. We give verbal notice at the start of each call. By continuing the call you consent to being recorded. If you would rather not be recorded, tell us at the start and we will stop or pause it.

Call recording inside your own account is off by default. If you turn it on, you are responsible for giving any notice and obtaining any consent required by the laws that apply to you and to the person you are calling. Several states require the consent of every party. See our Privacy Policy for detail.

The services are provided "as is" and "as available", without warranty of any kind, express or implied. Delegated AI Inc disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy, and any warranty arising out of course of dealing or usage of trade.

We do not warrant that the services will be uninterrupted, error-free, secure or free of harmful components. We do not guarantee any specific result, including any number of leads, sales, revenue or search rankings.

You agree to defend, indemnify and hold harmless Delegated AI Inc and its officers, directors, employees, contractors and agents from any third-party claim, damages, liability, loss, fine, penalty, cost or expense, including reasonable legal fees, arising out of or relating to:

• Your use of the Services.
• Your Client Content.
• Communications you sent through the Services, including TCPA, CAN-SPAM and CIPA claims.
• Your processing of personal information uploaded to the Platform.
• Your breach of these Terms or of any law.
• Your violation of any third party's rights.

We will promptly notify you of any claim subject to indemnification, and you will control the defence and settlement, provided that no settlement requiring us to admit fault or pay any amount may be entered without our consent, which will not be unreasonably withheld.

To the maximum extent permitted by law, Delegated AI Inc will not be liable for indirect, incidental, consequential, special, exemplary or punitive damages, or for lost profits, lost revenue, lost data or business interruption, even if we have been advised of the possibility of such damages.

Our total cumulative liability under these terms will not exceed the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or $100.

These limitations apply regardless of the basis of the claim, whether contract, tort, statute or otherwise, and are a fundamental part of the bargain between us.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions the limitations above apply to the maximum extent permitted by law.

Please read this section carefully. It affects your legal rights.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Subject to Section 22, any action not subject to arbitration must be brought exclusively in the state or federal courts located in New Castle County, Delaware, and both parties consent to personal jurisdiction and venue there.

Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, government action, internet or telecommunications failures, third-party platform outages or labour disputes.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing or sale of all or substantially all of our assets, without your consent.

We may give you notice by email to the address on your Account, by posting in the Platform, or on our website. You may give us notice at care@growthxl.ai.

We may modify these Terms from time to time. If we make a material change we will notify you by email or by posting a notice on the site at least 30 days before it takes effect. Continuing to use the Services after the effective date means you accept the updated Terms.

• Entire agreement. These Terms, together with the Privacy Policy and the Data Processing Addendum, are the entire agreement between you and Delegated AI Inc and supersede any prior agreement on the same subject.
• Severability. If any provision is found unenforceable, the remaining provisions stay in effect.
• Waiver. Failing to enforce a right or provision is not a waiver of it.
• No third-party beneficiaries. These Terms do not create third-party beneficiary rights.
• Independent contractors. The parties are independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship.
• Survival. Sections that by their nature should survive termination will survive.
• Headings. Section headings are for convenience only and do not affect interpretation.

By purchasing any Services from Delegated AI Inc, or by checking the agreement box at checkout, you confirm that:

• You have read, understood and agree to these Terms of Service.
• You accept our no-refund policy in Section 7.
• You waive the right to initiate chargebacks for Services rendered.
• You agree to the binding arbitration agreement and class action waiver in Section 22, subject to your right to opt out within 30 days.

Delegated AI Inc
Delegated AI Inc, 1130 Ogletown Road, Suite 2, #2749, Newark, DE 19711, USA
Email: care@growthxl.ai
Web: growthxl.ai