1. DEFINITIONS
“Services” includes all Growthifi systems, software, applications, tools, APIs, infrastructure, messaging capabilities, data processing, agency work, and professional services, including but not limited to:
- CRM and marketing automation SaaS
- SMS, MMS, RCS, WhatsApp, and telecom messaging
- Email sending services and resold sending credits
- AI-powered features (AI SDRs, AI support, automations, content generation)
- Onboarding, funnels, automations, consulting, audits, and optimization
- Website development
- Custom API or application development
- PPC and digital advertising management
- Any derivative or future Services
Data processed on behalf of Client, including contact records, opt-in data, message content, metadata, delivery logs, CRM entries, and personal information processed through the platform.
Growthifi’s proprietary and vendor-supported systems, including CRM, messaging systems, analytics, APIs, workflow engines, and all related components.
Any plan, package, invoice, subscription, or agreement governing Client’s fees or usage.
2. DESCRIPTION OF SERVICES
- CRM, contacts, pipelines, automation workflows
- Messaging (SMS/MMS/RCS/WhatsApp/Email/Voice) routing
- AI capabilities
- Funnels, forms, websites, scheduling tools
- Reporting dashboards
- API endpoints and integrations
- Full-service onboarding and implementation
- Funnel building, automation design, segmentation
- Account configuration and deliverability optimization
- Marketing strategy support
- PPC campaign management
- Website development
- Custom API/application work
All such services are informational only and do not constitute legal advice.
- 10DLC brand & campaign registration
- Carrier vetting
- Message routing through telecom carriers, SMSCs, and aggregators
- Deliverability optimization
All messaging is subject to carrier discretion and is not guaranteed.
3. ACCOUNT REGISTRATION & ELIGIBILITY
Client must:
- Be at least 18 years old
- Have full legal authority to bind the organization represented
- Provide accurate information
- Maintain updated account and billing information
Growthifi may suspend or terminate accounts for incomplete, inaccurate, or fraudulent information.
4. FEES, BILLING & PAYMENT TERMS
All fees are 100% non-refundable, including:
- Subscription fees
- Usage fees
- Messaging fees
- Setup fees
- Onboarding fees
- Professional services
- API development
- PPC management fees
No refunds, credits, or pro-rata adjustments are provided under any circumstances.
Client authorizes Growthifi to automatically charge any saved payment method for recurring fees, usage fees, overages, and pass-through costs.
A 3% processing fee applies to all credit card transactions.
Carriers and vendors may change pricing at any time. Growthifi may pass through such changes without notice.
If payment fails: service is suspended immediately; negative balances may not accrue; reactivation requires paying all outstanding balances. Growthifi is not responsible for losses caused by suspension.
All subscriptions renew automatically unless canceled in writing with confirmed receipt.
5. PRIVACY & DATA PROCESSING
Use of the Services is governed by the Growthifi Privacy Policy: https://growthifi.com/privacy.
- Growthifi is Processor/Service Provider.
- Client is Controller/Business and responsible for all compliance obligations.
Client is solely responsible for:
- Obtaining valid opt-in consent
- Maintaining TCPA/CTIA-compliant records
- Honoring opt-out requests
- Providing accurate notices and privacy disclosures
- Lawful collection and use of personal information
- Ensuring contact list quality and consent integrity
Growthifi is not HIPAA-compliant and will not sign BAAs. PHI may not be transmitted. Violations may result in immediate termination.
By creating an account, entering a phone number, or otherwise opting in, you agree to the following Messaging & 2FA Terms.
Growthifi may send SMS, MMS, or RCS messages (“Mobile Messages”) relating to:
- Account notifications & system alerts
- Service updates & maintenance notices
- Billing or security-related notifications
- Marketing/promotional messages (if expressly opted in)
- Appointment reminders or workflow automations
- Authentication codes, verification codes, or 2FA
- Other messages related to use of the Services
Messages may be sent via automated technology. Frequency varies.
You may opt in by:
- Creating an account and entering your mobile number
- Submitting a form requesting communications
- Enabling SMS-based 2FA
- Checking an opt-in box on any interface
- Any other explicit consent mechanism
No messaging is sent without valid, affirmative consent.
Reply STOP to opt out of non-2FA messages. Reply HELP for assistance. You may also contact [email protected].
IMPORTANT: You cannot opt out of authentication/security SMS messages unless you disable SMS-based 2FA in your account settings.
Growthifi does not charge for Mobile Messages. However, message and data rates may apply from your wireless carrier.
Messages are supported by major U.S. carriers, including AT&T, Verizon, T-Mobile, MetroPCS, U.S. Cellular, and certain MVNOs. Supported carriers and availability are subject to change without notice. Carriers are not liable for delayed or undelivered messages.
If you use SMS-based 2FA, Growthifi may send codes for login, password resets, identity verification, and security checks. These messages are transactional and not promotional.
Growthifi will not:
- Sell or share opt-in data
- Disclose mobile numbers except as required for message transmission
- Use 2FA numbers for marketing without separate explicit consent
Telecom networks may:
- Delay, block, filter, or fail to deliver messages
- Apply rate limits
- Modify carrier rules or filtering behavior
Growthifi is not responsible for:
- Failed, delayed, or undelivered messages
- Carrier filtering, rate limits, or audits
- Damages resulting from telecom infrastructure
Client must:
- Provide accurate mobile numbers
- Maintain control of devices receiving messages
- Update numbers promptly upon change or reassignment
- Ensure device-level security
Anyone with access to your device may view messages.
6. PLATFORM ROLE, CLIENT RESPONSIBILITY & NO LEGAL ADVICE
Growthifi:
- Does NOT originate Client messages
- Does NOT select recipients
- Does NOT approve or validate content
- Does NOT provide legal services
- Does NOT guarantee compliance
- Does NOT act as the “sender” under any law
Client is the sole sender, initiator, and responsible party under all telecommunications laws.
Client must comply with:
- TCPA
- CTIA
- FCC regulations
- CAN-SPAM
- A2P 10DLC
- State telemarketing laws
- International anti-spam laws
- Carrier rules
- WhatsApp Business policies
Client represents and warrants that all contacts:
- Were collected directly from the individual
- Provided valid prior express (or written) consent
- Are not purchased, scraped, rented, or acquired from third parties
Growthifi may—but is not obligated to—monitor traffic or request proof of consent. Growthifi cannot review all content and is not liable for Client misuse.
7. TELECOM LIMITATIONS, FILTERING & DELIVERY
Due to the nature of telecom networks:
- Delivery is NOT guaranteed
- Messages may be filtered, blocked, rate-limited, or undelivered
- Carriers may delay or reject 10DLC applications
- Carrier audits may occur at any time
Growthifi has no liability for:
- Failed or delayed delivery
- Filtering by carriers or ISPs
- Carrier-imposed fines or penalties
- 10DLC rejections or suspensions
- Damages resulting from telecom infrastructure
8. ACCEPTABLE USE POLICY
Client may not misuse the Services by:
- Sending illegal, fraudulent, harmful, or deceptive content
- Sending SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco) unless expressly permitted
- Attempting unauthorized access
- Uploading malware
- Misrepresenting identity
- Violating intellectual property laws
Growthifi may suspend or terminate accounts immediately for violations.
9. DOWNTIME & SERVICE AVAILABILITY
Growthifi strives for high uptime but does not guarantee uninterrupted or error-free operation. Service credits, if offered, are discretionary and the exclusive remedy for downtime.
10. INTELLECTUAL PROPERTY
Growthifi retains all IP rights in the Platform, Services, software, AI systems, and documentation. Client retains ownership of their data and grants Growthifi a license to process it for service delivery.
11. AI SYSTEMS & LIMITATIONS
Growthifi may use AI systems for:
- Workflow automation
- Lead scoring
- Support enhancement
- Fraud detection
- Optimization
- Quality control
Growthifi does not use identifiable Client Data to train AI models without explicit permission. AI-generated outputs may contain inaccuracies. Growthifi is not liable for decisions made based on AI outputs.
12. INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless Growthifi, its officers, employees, vendors, contractors, and partners from any and all claims, damages, fines, penalties (including TCPA’s $500–$1500 per message), losses, and legal fees arising from:
- Client’s content
- Client’s messaging practices
- Client’s failure to comply with law
- Carrier violations or audits
- Disputes with Client’s contacts
- Use of purchased or non-consented lists
- Client misuse of the Services
- API misuse or unauthorized automations
- Data provided, uploaded, or transmitted by Client
This section survives termination indefinitely.
13. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
- Growthifi is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages.
- Growthifi is not liable for statutory damages, including TCPA, CTIA, CAN-SPAM, or privacy violations caused by Client.
- Growthifi is not liable for carrier filtering, blocks, audits, or deliverability issues.
- Growthifi’s total liability is strictly limited to the fees paid by Client in the previous thirty (30) days.
14. TERMINATION
Growthifi may suspend or terminate access immediately for:
- Non-payment
- Violations of law
- Carrier violations
- Fraud, abuse, or high-risk activity
- Uploading PHI
- Material breaches
Upon termination:
- Access ceases immediately
- Data may be deleted per retention policy
- All outstanding balances become due immediately
15. CONFIDENTIALITY OF INFRASTRUCTURE
Client agrees not to disclose, reverse-engineer, or publicly identify Growthifi’s:
- System architecture
- Vendor relationships
- Routing methods
- Backend infrastructure
- API design
Any such disclosure constitutes material breach and grounds for termination.
16. GOVERNING LAW
These Terms are governed exclusively by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws.
17. MANDATORY BINDING ARBITRATION (MAXIMUM SHIELD)
All disputes shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Client waives the right to participate in:
- Class actions
- Class arbitrations
- Collective actions
- Representative suits
Client waives the right to a jury trial.
Claims may be brought only in an individual capacity.
Arbitration shall occur in Pennsylvania, unless mutually agreed otherwise.
Each party bears its own legal fees and costs, except in cases of:
- Fraud
- Willful misconduct
- Unpaid balances (Growthifi may recover collection costs)
Growthifi may seek immediate injunctive relief in court to stop:
- Fraud
- Abuse
- Unauthorized access
- Threats to platform integrity
Even while arbitration is pending.
18. CHANGES TO TERMS
Growthifi may modify these Terms at any time. Continued use of the Services constitutes acceptance of updated Terms.
19. CONTACT INFORMATION
Growthifi LLC
129 East Maple St
Hegins, PA 17938
Email: [email protected]
20. ADDITIONAL PROVISIONS
Client agrees not to initiate any chargeback, payment dispute, or reversal through their bank or card issuer for any fees owed under this Agreement. Any attempted chargeback constitutes a material breach. Growthifi reserves the right to recover all fees, costs, and expenses (including collection fees and legal fees) incurred as a result.
Client acquires no ownership rights in the Platform, underlying code, systems, workflows, templates, AI models, or any materials provided by Growthifi.
Client is fully responsible for the actions and omissions of any authorized or unauthorized users who access the Services through Client’s account.
No Service Levels, uptime guarantees, deliverability guarantees, or performance commitments apply unless expressly stated in a separate written agreement signed by both parties.
Upon termination, Growthifi may permanently delete Client Data thirty (30) days after termination.
Growthifi is not responsible for acts, errors, omissions, outages, delays, or failures of third-party providers, including telecom carriers, aggregators, hosting providers, CRMs, payment processors, or integrations.
Client represents and warrants they are not located in, under control of, or a resident of any country prohibited by U.S. export controls or sanctions.
Client may not use the Services for mission-critical or high-risk activities such as emergency alerts, medical notifications, or financial trading signals.
21. MISCELLANEOUS
These Terms, together with any Order or written agreement signed by both parties, constitute the entire agreement. Client acknowledges not relying on representations not set forth herein.
If any provision is held unenforceable, the remaining provisions remain in effect. The provision shall be modified to the minimum extent necessary to be enforceable.
Client may not assign or transfer these Terms without Growthifi’s prior written consent. Growthifi may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
Growthifi shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, outages, war, terrorism, labor disputes, or failures of third-party providers.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or agency relationship.
These Terms confer no rights on any third party.
Notices to Growthifi must be sent to the address or email in Section 19 and are deemed received when delivered. Notices to Client may be sent to the email or physical address associated with the Client account and are deemed given when sent.