Terms of Service

1. Scope and Acceptance

1.1. These Terms apply to all users of the Services.

1.2. By registering an account, subscribing to a plan, or otherwise using the Services, you confirm that:

• You are at least 18 years old;
• You are using the Services for business or professional purposes;
• If acting on behalf of a company, you have authority to bind that entity.

1.3. If you do not agree to these Terms, you must not use the Services.

1.4. We may update these Terms from time to time. Continued use of the Services after updates constitutes acceptance.

2. Description of Services

GoToGrow is an AI-powered go-to-market automation platform that enables users to:

• Identify potential business leads
• Generate AI-assisted outreach messages
• Automate outreach through user-connected Gmail accounts
• Track engagement and campaign performance
• Optimize outbound sales processes

We provide software tools only.

We do not:

• Send emails independently of user accounts
• Control recipient selection
• Guarantee deliverability, replies, or revenue results

3. Account Registration

3.1. Access to the Platform requires account registration.

3.2. You agree to:

• Provide accurate information
• Maintain updated account details
• Keep login credentials secure

3.3. You are responsible for all activity under your account.

3.4. We may suspend or terminate accounts for violations of these Terms.

4. Gmail & Third-Party Integrations

4.1. The Platform integrates with third-party services including Gmail and other APIs.

4.2. By connecting your Gmail account, you:

• Authorize GoToGrow to access your Gmail account using only the gmail.send and gmail.readonly permissions, as described in our Privacy Policy
• Confirm you are authorized to grant such access

4.3. We are not responsible for:

• Gmail account suspensions
• Email deliverability issues
• Third-party service downtime
• Policy violations by third-party platforms

Your use of Gmail remains subject to Google's terms and policies.

5. User Responsibilities & Compliance

You are solely responsible for:

• Selecting recipients
• Ensuring lawful outreach practices
• Compliance with GDPR, CAN-SPAM, CASL, PECR, and other applicable laws
• Reviewing AI-generated content before sending

You must not use the Services to:

• Send unlawful spam
• Harass or deceive recipients
• Violate intellectual property rights
• Upload sensitive personal data
• Engage in fraudulent or illegal activity

We reserve the right to suspend accounts suspected of misuse.

6. Subscriptions, Fees & Payments

6.1. Access to paid features requires a subscription.

6.2. Fees are:

• Displayed prior to purchase
• Payable in advance
• Exclusive of applicable taxes unless stated otherwise

6.3. Payments are processed via third-party providers.

6.4. Unless required by law, fees are non-refundable.

6.5. We may suspend Services for non-payment.

7. Intellectual Property

7.1. GoToGrow retains all rights to:

• The Platform
• Software
• Algorithms
• AI systems
• Branding
• Documentation

7.2. You retain ownership of:

• Your uploaded data
• Campaign inputs
• Generated outputs

7.3. You grant us a limited license to process your data solely to provide and improve the Services.

7.4. We may use anonymized, aggregated data for product improvement.

7.5. Sections 7.3 and 7.4 do not apply to Google user data. Data obtained through Google APIs is used solely to provide the features you have explicitly configured, as described in our Privacy Policy, and is never used for product improvement, analytics, or AI model training.

8. AI-Generated Content Disclaimer

The Platform uses AI technologies to generate suggestions and outreach drafts.

AI-generated content:

• May contain inaccuracies
• May require review and editing
• Does not constitute legal advice

You are solely responsible for reviewing and approving all content before use.

9. Confidentiality

Each party agrees to protect confidential information disclosed by the other.

Confidential information does not include information that:

• Is publicly available
• Was lawfully known prior to disclosure
• Is independently developed
• Is required to be disclosed by law

10. Warranties Disclaimer

The Services are provided "as is" and "as available".

To the maximum extent permitted by law, we disclaim all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or completeness of results

We do not guarantee:

• Email deliverability
• Lead conversion
• Revenue growth
• Platform uptime without interruption

11. Limitation of Liability

To the maximum extent permitted by law:

11.1. We are not liable for:

• Loss of profits
• Loss of revenue
• Loss of data
• Business interruption
• Indirect or consequential damages

11.2. Our total aggregate liability shall not exceed the amount paid by you in the 12 months preceding the claim.

11.3. Nothing excludes liability that cannot legally be excluded.

12. Indemnification

You agree to indemnify and hold harmless GoToGrow from claims arising out of:

• Your outreach activities
• Violation of laws
• Breach of these Terms
• Misuse of the Platform
• Infringement of third-party rights

13. Term and Termination

13.1. These Terms remain effective while you use the Services.

13.2. You may stop using the Services at any time.

13.3. We may suspend or terminate your account if:

• You breach these Terms
• You engage in unlawful activity
• Required by law
• There is prolonged non-payment

13.4. Upon termination:

• Your access will cease
• Certain provisions (IP, liability, indemnity) survive

14. Force Majeure

We are not liable for failure or delay due to events beyond our reasonable control, including:

• Natural disasters
• Cyberattacks
• Government actions
• Infrastructure failures

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and the parties consent to personal jurisdiction and venue in those courts.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. General Provisions

16.1. Independent Relationship

Nothing creates partnership, agency, or joint venture.

16.2. Assignment

You may not assign your rights without our consent.

16.3. Severability

If any provision is invalid, the remainder remains enforceable.

16.4. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement.

16.5. Electronic Acceptance

Electronic acceptance is legally binding.

17. Contact Information

GOTOGROW INC
A Delaware C-Corporation, File No. 10677147
8 The Green, Suite A
Dover, DE 19901
United States
Legal: hello@gotogrow.me