Terms of Service
1. Acceptance of Terms:
By engaging GrowthMasters LLC (“GROWTHMASTERS”), you (“CLIENT”) agree to be bound by these Terms of Service (“Terms”), effective immediately upon acceptance. These Terms constitute a legally binding agreement between you and GROWTHMASTERS, governing the provision of content creation and design for LinkedIn Social Media posts and other consulting services as may be agreed upon.
2. Services Provided:
2.1 GROWTHMASTERS agrees to provide CLIENT with the following marketing services: LinkedIn content creation, design services, and audience growth supported through customer service assistance, and monthly reports.
2.2 The services may also include other consulting services as agreed upon by both parties via email communication.
3. Term and Termination:
3.1 These Terms are effective upon CLIENT’s acceptance and may be terminated by either party with fourteen (14) days’ written notice, with email sufficing as notice.
3.2 GROWTHMASTERS reserves the right to suspend services for payments overdue beyond 8 days.
4. CLIENT Obligations:
4.1 CLIENT shall provide all necessary information and account access required by GROWTHMASTERS to deliver the services within a reasonable timeframe, no later than 14 days of request.
4.2 CLIENT acknowledges that GROWTHMASTERS may use third-party tools to improve reach, reporting, and analytics of content on CLIENT’S LinkedIn profile.
5. Content Approval:
5.1 CLIENT reserves the right to review and grant approval for all content prior to publication. GROWTHMASTERS is permitted to proceed with publishing only after receiving explicit approval from CLIENT. In the absence of direct approval, written consent through email, digital communication via Asana, or any other platform previously used for correspondence between the parties shall be deemed adequate authorization for publication.
6.1 CLIENT expressly agrees to a monthly subscription for services rendered by GROWTHMASTERS, at a fee communicated prior to this Agreement via email and as detailed on the checkout page shared by GROWTHMASTERS with CLIENT. This fee, confirmed through the checkout process and email communication, constitutes CLIENT’s commitment to a recurring payment, reflecting the selected service package’s specific terms.
6.2 Payments are due monthly, with automatic charges applied unless the service is canceled in accordance with these Terms.
7.1 Both Parties commit to preserving the confidentiality of all shared information during the term of these Terms and beyond their expiration or termination. This encompasses all forms of communication and data exchange, safeguarding the integrity and privacy of each party’s proprietary information.
7.2 “Confidential Information” is defined as any data or information related to the CLIENT’s business that is considered proprietary. This includes, but is not limited to, business processes, client records, and any information not widely known in the industry that, if disclosed, could potentially harm the CLIENT.
7.3 GROWTHMASTERS is authorized to use the results and case studies from the services provided for marketing and promotional purposes, provided all personally identifying information is either redacted or anonymized. The use of CLIENT’s identifiable information in marketing materials requires the CLIENT’s express written consent, achievable through email or digital communication via previously utilized platforms.
7.4 Notwithstanding the above, GROWTHMASTERS is allowed to share Confidential Information with its contractors and agents to the extent necessary for them to perform services related to this Agreement, under the condition that such contractors and agents are bound by confidentiality obligations that are no less restrictive than those stated herein.
7.5 GROWTHMASTERS, its contractors, and agents agree not to disclose, divulge, reveal, report, or use any Confidential Information obtained during the course of this agreement for any unauthorized purpose, except as required by law or with CLIENT’s explicit authorization.
7.6 The confidentiality obligation covers all written and oral information and material provided by the CLIENT, irrespective of the time it was shared or the manner of its provision, underscoring the permanence of this commitment even after the termination of these Terms.
8.1 Each party agrees to indemnify and hold harmless the other from claims arising from their respective acts or omissions related to these Terms.
9. Limitation of Liability:
9.1 GROWTHMASTERS is not liable for any indirect or consequential loss or damage arising from this Agreement or in connection with the services provided.
9.2 CLIENT retains the exclusive right and bears the sole responsibility to grant final approval of all content prior to its publication. Such approval shall be evidenced by affirmative feedback, including but not limited to a positive comment on project management platforms such as Asana, via electronic mail, or through any other written communication deemed reasonable by both Parties, explicitly indicating CLIENT’s consent for publication.
9.3 CLIENT shall maintain sole responsibility for ensuring their activities, including the use of approved content, comply with the terms and conditions of LinkedIn, and shall hold themselves accountable for maintaining their account’s good standing within the platform.
10. Governing Law and Dispute Resolution:
10.1 This Agreement will be governed by and construed in accordance with the federal laws of the United States and the state laws of California, with the courts of San Francisco, CA having exclusive jurisdiction.
10.2 Disputes under these Terms shall first be attempted to be resolved through negotiation, followed by mediation, and finally by arbitration in accordance with the American Arbitration Association’s rules.
11. Force Majeure:
11.1 Neither party is liable for failure to perform obligations due to events beyond their reasonable control, including natural disasters and government restrictions.
12. Severability and Waiver:
12.1 If any provision of these Terms is found unenforceable, the remaining provisions shall continue in effect.
12.2 A waiver of any breach is not deemed a waiver of any subsequent breach.
13. Entire Agreement:
13.1 These Terms, accepted upon CLIENT’s purchase, constitute the entire agreement between GROWTHMASTERS and CLIENT regarding the services, superseding all prior agreements and understandings, unless a separate service contract has been expressly signed by both parties, in which case the terms of that service contract shall prevail.