Terms of Service

1. Agreement to Terms

By accessing or using Growth Ninja's AI-powered sales automation platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

2. AI Usage and Legal Compliance

2.1 Your Responsibilities

• Ensure all AI communications comply with applicable laws (TCPA, CAN-SPAM, GDPR, etc.)
• Obtain proper consent before initiating automated calls or messages
• Verify the accuracy of AI-generated content before use
• Monitor AI agent interactions for compliance and appropriateness
• Maintain accurate Do Not Call (DNC) and opt-out lists
• Use AI agents only for lawful business purposes

2.2 Prohibited Uses

You may NOT use our AI services to:

• Engage in harassment, fraud, or deceptive practices
• Impersonate individuals or organizations
• Violate privacy laws or regulations
• Make unauthorized recordings in two-party consent states
• Bypass security measures or access restrictions
• Generate or distribute illegal or harmful content
• Violate intellectual property rights

3. Limitation of Liability

This includes but is not limited to damages arising from:

• AI-generated content or communications
• Errors or inaccuracies in AI responses
• Failed or dropped calls
• Integration failures or data sync issues
• Service interruptions or downtime
• Loss of leads or business opportunities
• Compliance violations resulting from your use

4. Service Description

Growth Ninja provides AI-powered sales automation tools including:

• AI voice agents for inbound and outbound calls
• Lead management and scoring systems
• Campaign automation and workflows
• Integration with third-party services
• Analytics and reporting tools

5. Account Terms

• You must be 18 years or older to use this Service
• You must provide accurate and complete registration information
• You are responsible for maintaining account security
• You are responsible for all activities under your account
• You must notify us immediately of any unauthorized use
• One person or legal entity may not maintain multiple accounts

6. Payment Terms

• Subscription fees are billed in advance monthly or annually
• All fees are non-refundable except as required by law
• Prices may change with 30 days notice
• You authorize automatic billing for your selected plan
• Credits expire after 90 days if unused
• Additional usage beyond plan limits incurs overage charges

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Growth Ninja and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.1 Your Content

You retain ownership of content you upload. By using the Service, you grant us a license to use, modify, and display your content as necessary to provide the Service.

8. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy. You agree that:

• You have the right to upload and process any data you submit
• You will comply with all applicable data protection laws
• You will obtain necessary consents for data processing
• You will respect the privacy rights of individuals

9. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Any content you upload or transmit through the Service

10. Service Modifications and Termination

• We reserve the right to modify or discontinue the Service at any time
• We may terminate or suspend your account for violations of these Terms
• You may cancel your account at any time through account settings
• Upon termination, your right to use the Service ceases immediately
• We may retain certain data as required by law or legitimate business purposes

11. Disclaimers

THE SERVICE IS 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• The Service will be uninterrupted or error-free
• AI responses will be accurate or appropriate in all cases
• The Service will meet your specific requirements
• Any errors in the Service will be corrected

12. Third-Party Services

Our Service integrates with third-party services (Facebook, Google, etc.). Your use of these integrations is subject to their respective terms and policies. We are not responsible for third-party services' functionality, privacy practices, or content.

13. Dispute Resolution

• These Terms are governed by the laws of California, USA
• Any disputes shall be resolved through binding arbitration
• You waive any right to jury trial or class action
• Small claims court actions are exempt from arbitration

14. General Terms

• These Terms constitute the entire agreement between you and Growth Ninja
• Our failure to enforce any right shall not be a waiver
• If any provision is unenforceable, the remaining provisions continue
• You may not assign these Terms without our written consent
• We may assign our rights to any successor or acquirer

15. Contact Information

For questions about these Terms, please contact us at:

• Email: joel@growthninja.ai
• Address: Growth Ninja, Inc., San Francisco, AZ