1. Client Sole Responsibility for Consent & Compliance
Clients are exclusively responsible for:
- Obtaining all legally required consent
- Maintaining verifiable opt-in records
- Honoring opt-out requests
- Ensuring the legality and origin of all contact data
- Ensuring messaging complies with TCPA, CTIA, CAN-SPAM, GDPR, CASL, and all applicable regulations
Growthifi does not:
- Verify or audit consent
- Evaluate lead-source legitimacy
- Review funnels, landing pages, forms, or disclosures
- Confirm whether third-party data is properly obtained
- Determine whether a contact qualifies as express, express-written, or implied consent
All compliance obligations rest entirely with the Client.
2. Growthifi Is Not the Sender or Initiator
For all legal, regulatory, and carrier purposes:
- The Client is the “sender,” “initiator,” “advertiser,” “controller,” and “responsible party.”
- Growthifi acts solely as a processor, platform, and service provider that transmits messages at the Client’s direction.
Clients agree that:
- Growthifi does not dictate who they message
- Growthifi does not participate in lead collection
- Growthifi does not provide or sell contact data
- Growthifi assumes no legal responsibility for the Client’s contacts, consent, or messaging practices
3. Managed Services & Agency Work
When Growthifi performs any agency or managed services—including creating, scheduling, drafting, segmenting, or sending messages on behalf of a Client:
- Growthifi acts solely as a contractor executing tasks at the Client’s instruction.
- The Client remains the exclusive legal “sender,” “initiator,” and “advertiser.”
- The Client is responsible for providing legally compliant contact data and ensuring required consent has been obtained.
Growthifi does not:
- Approve final message content
- Determine recipients
- Obtain or store consent
- Validate lists
- Accept liability for campaign performance or compliance
The Client must review, approve, and authorize all final content, audiences, and campaign actions before any transmission occurs. Agency or managed services do not create any partnership, joint venture, or agency relationship for regulatory or liability purposes.
4. No Duty to Monitor, Verify, or Police Client Activity
Growthifi may choose to monitor platform activity for operational purposes, but Growthifi is not obligated to:
- Review message content
- Verify opt-in or consent
- Evaluate lead generation practices
- Block non-compliant messaging
- Ensure the legality or accuracy of any communication
Growthifi does not guarantee:
- Prevention of non-compliant messaging
- Detection of unlawful activity
- Carrier acceptance or deliverability
- Interception of improper lead sources
Clients bear full responsibility for their messaging actions, data, and practices.
5. Platform Stability & Technical Protections
Growthifi may implement technical measures to maintain the stability, security, and performance of the Services. These measures may include rate limits, temporary sending pauses, or service adjustments applied in a neutral and automated manner.
Such operational actions are designed solely to:
- Ensure system reliability
- Maintain service quality for all users
- Prevent platform abuse or security risks
- Address technical anomalies
These actions are technical in nature and do not constitute a review, approval, endorsement, or assessment of the Client’s messaging practices or compliance obligations. Clients remain solely responsible for ensuring their messaging complies with all applicable laws, regulations, and carrier requirements.
6. Indemnification
The Client agrees to fully indemnify, defend, and hold harmless Growthifi LLC, including its employees, contractors, and affiliates, from any and all:
- TCPA claims
- CTIA or carrier violations
- Regulatory, federal, or state enforcement actions
- Civil penalties or statutory damages
- Class-action lawsuits
- Content-based claims
- Consent-based claims
- Data-sourcing disputes
- Lead-generation disputes
- Losses, costs, expenses, fines, and attorney fees
The Client is also responsible for any carrier fines, surcharges, remediation fees, or penalties passed through to Growthifi relating to their messaging practices. This indemnification obligation survives termination of the Client’s use of the Services.
7. Complaints & Investigations
If Growthifi receives a complaint, carrier notice, or spam report:
- Growthifi may forward it to the Client
- The Client must resolve it directly
- Growthifi has no obligation to investigate, mediate, respond, or defend
Growthifi may restrict or suspend messaging to protect platform infrastructure, but this does not shift any liability from the Client to Growthifi.
8. Policy Updates
Growthifi may update this Anti-Spam Policy at any time. Continued use of the Services constitutes acceptance of all updates.
9. Contact
Growthifi LLC
129 East Maple St
Hegins, PA 17938
Email: [email protected]