Krembo LLC. dba Growth-X (collectively “Growth-X” or “Company” or “we” or “us” or “our “) welcomes you (‘’you” or “Customer”) to our site which is currently available at: https://www.growth-x.com/ (“Website”). These Terms of Use govern your use of our Services (as defined herein) and the download and installation of our subscription-based software, as well as the installation of our browser extension including any revisions, improvements, new releases and related documentation in connection thereto (“Platform” or “Product”).
ACCEPTANCE OF THE TERMS: please read these Terms of Use carefully before downloading, installing, accessing or using our Product or Service and any feature provided therein. By downloading, installing, accessing or using the Service you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms”). You further acknowledge that these Terms constitute a binding and enforceable legal contract between us and you which further enforces class action waiver and arbitration provision as detailed in the Dispute Resolution section below. If you do not agree with these Terms or any part hereof, or if applicable law prohibits your acceptance of this Terms, you may not use our Service. Any use of the Service by you under such circumstances will be considered as a violation of our legal rights.
Any and all third-party logos, names, trade names, trademarks, marks or third-party platform’s which the Product connects to, should not be construed as endorsed by us, or affiliated with us.
THE SITE, THE PLATFORM AND THE PRODUCT ARE PROVIDED ON AN “AS IS” BASIS. GROWTH-X SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE CONTENT AVAILABLE THEREIN, THE PLATFORM AND THE PRODUCT. YOUR USE OF THE SITE, PLATFORM OR THE PRODUCT IS ENTIRELY AT YOUR OWN RISK.
Eligibility and Age Limitation
You hereby warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into these Terms.
You further represent and warrant that you are of legal competence to enter into these Terms and you are at least sixteen (16) years of age or otherwise above the age defined as “child” under applicable laws in your jurisdiction. We reserve the right to request proof of age at any stage so that we can verify that children (as defined under applicable law) are not using the Services. If you are under 18, please be sure to read the Terms with your parents or legal guardians and ask questions about things you do not understand.
Scope of Service
The Product is a browser add-on or a downloadable software which automates the process of generating and nurturing business leads on behalf of our Customers. (collectively shall be referred to as the “Services”).
Service Package: Customer may choose a pricing plan applicable to the Customer. The pricing plans are based on a monthly fee, all as detailed in our pricing page available at: http://www.growth-x.com/. The fees shall be paid for using the agreed upon payment processor, if you fail to submit the payment your account may be suspended or terminated in Company’s sole discretion (“Service Fee”). All payments shall be in US$ Dollars and transferred through designated payment processor accounts, credit card or wire transfer. The Customer is solely responsible for payment of any taxes resulting from these Terms, any taxes required to be withheld shall not be deducted from the Service Fees. All payments occur in advance for each month and are non-refundable. The terms of plan, including price and additional terms shall be incorporated herein by reference and such terms shall, together with these Terms, govern the relationship between the parties.
Registration and Account: To use the Services you must register and create an account. As part of the registration process you will need to provide us with your full name, e-mail address. In addition, you will need to choose a private password with which you shall be able to access the account and Service. To better understand the terms of registration and Company’s collection of data we recommend you to review our Privacy Policy available at: http://www.growth-x.com/privacy. ustomer is responsible for maintaining the confidentiality of the password and is solely responsible for all activities which occur under the account and the use of the password. Customer agrees to immediately notify us of any disclosure or unauthorized use or breach of security at: dpo@growth-x.com. Customer hereby represents and warrants that any and all information provided through the Service is and will be accurate and complete and Customer shall keep this information up-to-date at all times.
License Grant and Intellectual Property
Subject to your compliance with the Terms, we hereby grant you a personal, limited, revocable, non-transferable, non-sub-licensable and non-exclusive right and license to use, access, download and install the most current generally available version of the Product (including all updates thereto) and use the Services solely in connection with your lawful use. Your license hereunder is limited not to allow others to use, copy or evaluate copies, and the license granted herein shall not be copied, shared, distributed, re-sold, and offered for re-sale, transferred or sub-licensed in whole or in part.
You acknowledge that all right and interest in the Product’s trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications, evidenced by or embodied in or attached, connected, related to the Product or Service, are our property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Product. Except as expressly granted herein, we retain all right, title and interest in and to our Service, as well as any content provided or made available in connection with the Service.
Certain portions of the Product are provided together with third party software, that may be subject to their own term and conditions, licenses (collectively, “Third Party Software”). Such Third-Party Software is not subject to these Terms and is licensed under the terms and conditions of the license that accompanies such Third-Party Software. Nothing in this Agreement constitutes a waiver of the Company’s intellectual property rights under any law. If you contact the Company with feedback data (e.g., questions, comments, suggestions or the like) regarding the Company Properties (collectively, “Feedback”), such Feedback shall be deemed to be non-confidential, and the Company shall have a non-exclusive, royalty-free, worldwide, perpetual license to use or incorporate into the Company Product any such Feedback.
Representations, Warranties and Restrictions of Use
You hereby represent and warrant that: (i) you are either the owner or an authorized user of the device in which the Product is installed; (ii) you will install the Product and use the Services only in accordance with our instructions; (iii) you will use the Product in full compliance with all applicable laws, rules and regulations.
Except as expressly provided under these Terms, you may not, nor may not enable anyone else to, directly or indirectly: (i) copy, modify, decompile, disassemble, create any derivative works or reverse engineer the Product and Services or any portion thereof including any source code therein; (ii) circumvent, disable or otherwise interfere with security-related features of the Product and Services, or interfere with others’ use of the Services; (iii) use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Product, or to manipulate the Product in any manner; (iv) remove, deface, obscure, or alter any copyright, trademarks, or other proprietary rights; (v) use our name, logo or trademarks without its prior written consent; or (vi) use the Services for any fraudulent, illegal or inappropriate purpose, including, without limitation, infringement or misappropriation of any intellectual property rights or right of privacy of any third party or in breach of these Terms.
Updates and Changes to Our Service
We may, at any time and at our sole discretion, change, modify, add or remove features and functionality of our Service without notice. When installed on your computer, the Product periodically communicate with our servers to request automatic updates when we release a new version of the Product, or when we make new features available. you hereby agree that the we may automatically download and install updates to the Product, from time to time, without prior notification. These updates are designed to improve, enhance and further develop the Product and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Product. In the event, we believe that such updates or upgrades shall materially affect your use of the Product or your rights, we will make best efforts to provide notification. Updates for Chrome releases are handled by the Google Web Store website and are subject to the Google Privacy Policy.
In addition, we reserve the right to discontinue some or all of the features of our Service at any time at our sole discretion (including the provision of any updates, upgrades or fixes). We are under no obligation to provide you with any features, functionality, upgrades or bug fixes. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Service, or any portion thereof. If you are dissatisfied with the Service, your sole option is to discontinue or terminate your use of the Service.
Disclaimer of Warranty
EXCEPT AS PROVIDED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE PRODUCT AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCURS AS A RESULT OF YOUR USE OF THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE SECURED, FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR PROGRAM LIMITATIONS. WE MAKE NO WARRANTY THAT ANY CONTENT AND INFORMATION AVAILABLE THROUGH THE SERVICES IS TRUE, RELIABLE OR ACCURATE. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS. WE DO NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE OR THROUGH THE SERVICES, NOR DO WE ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO DEVICE).
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WE (INCLUDING, WITHOUT LIMITATION, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES. OUR LIABILITY SHALL NOT EXCEED THE COST OF THE SERVICE ACTUALLY PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE APPLICABLE CLAIM. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Privacy, Data Protection & End User Disclosure and Consent
When using the Product, you will grant access to data collection for the purpose of the Services. Hence, to the extent applicable to the parties, the parties shall comply with the terms and condition of the Data Processing Agreement available here: http://www.growth-x.com/dpa. You further acknowledge and agree that the Company is solely a service provider, and has no contractual relationship or interaction with end users. You acknowledge that the data collection through the Service is designed to and based on permission and disclosures presented to the end users, as required under applicable laws. Thus, in the event required, you shall be responsible to obtain the end users’ consent to the collection and processing of data through the Services, by displaying permissions, notices or consent mechanism. You will enable the end user to opt-out of data collection, as required under applicable laws.
Indemnification
You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Product and Services; (ii) your violation and/or breach of any term of these Terms; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Product or Services (including your violation of any third party rights).
Bank Transfer Payments
Payment via bank transfer is possible, however the minimum amount for this type of payment is $10.000. When paying via bank transfer, a 3% bank transfer fee is added to the due amount (for example your amount due is $10.000 – you will be billed $10.300) All invoices need to be paid until the date specified in the invoice. Should the payment not arrive until the specified date, a late fee will be implemented.
Term and Termination
This Agreement shall commence upon acceptance of these Terms and shall remain in full force and affect, with monthly renewal, until terminated by either party. The Customer may terminate the Agreement by providing the Company with thirty (30) days prior written notice (email correspondence shall be sufficient). The Company may terminate this Agreement for convenience immediately, by notifying the Customer. Furthermore, Company may immediately terminate this Agreement if Customer: (i) acts in a manner which breaches or may breach any of the terms of this Agreement; or (ii) becomes insolvent or bankrupt or compounds with or grants a trust deed for the benefit of his creditors.
Upon termination (i) Customer shall pay the Company any and all amounts due, including the applicable Service Fee; (ii) all rights granted under the applicable license shall immediately expire and Customer must immediately cease the use Company Properties; (iii) each party shall return to the other party any Confidential Information or any other content granted or made available from the other party and all copies thereof; ; and (iv) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the Services, shall survive the termination on this Agreement.
Promotions and Promotional Period
Occasionally, the Company may offer promotions that will apply to new customers, and/or for limited time periods. The company reserves the right to discontinue such promotions at any time, without notice.
Current promotions include:
1. Starter Plan 3 months promotion – $297/m for the first 3 months when paid monthly, $497/m starting from the 4th month and on.
* The term and termination conditions for this promotion are different than the term and termination conditions for the regular, full price, non-promotional Starter Plan. These are described below under section “Term and Termination – Promotions”.
OR
1. Starter Plan 6 months promotion – $297/m for the first 6 months when paid in advance for 6 months, $497/m starting from the 7th month and on.
* The term and termination conditions for this promotion are different than the term and termination conditions for the regular, full price, non-promotional Starter Plan. These are described below under section “Term and Termination – Promotions”.
Both promotions require commitment and have Term and Termination conditions that are different than the Term and Termination conditions of full price, non promotional plans. These are described below under section “Term and Termination – Promotions”.
Term and Termination – Promotions
This Agreement shall commence upon acceptance of these Terms and shall remain in full force and affect, with monthly renewal, until terminated by either party. The Customer may not terminate the Agreement during the Promotional Period (3 months for “Starter Plan 3 months promotion” and 6 months for “Starter Plan 3 months promotion”). After the Promotional Period, the Customer may terminate the Agreement by providing the Company with thirty (30) days prior written notice (email correspondence shall be sufficient). The Company may terminate this Agreement for convenience immediately, by notifying the Customer. Furthermore, Company may immediately terminate this Agreement if Customer: (i) acts in a manner which breaches or may breach any of the terms of this Agreement; or (ii) becomes insolvent or bankrupt or compounds with or grants a trust deed for the benefit of his creditors.
Upon termination (i) Customer shall pay the Company any and all amounts due, including the applicable Service Fee; (ii) all rights granted under the applicable license shall immediately expire and Customer must immediately cease the use Company Properties; (iii) each party shall return to the other party any Confidential Information or any other content granted or made available from the other party and all copies thereof; ; and (iv) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the Services, shall survive the termination on this Agreement.
Confidential Information
During the term of the Agreement, each party agrees that it will not disclose or use the Confidential Information of the Disclosing Party without the prior written consent, except as permitted under this Agreement. Each party agrees to use the other party’s Confidential Information only to fulfill its obligations and exercise its rights under this Agreement and to prevent the disclosure of the other party’s Confidential Information other than to whom must have access to such Confidential Information for the purpose of performing the obligations herein. Customer acknowledges that disclosure of Company’s Confidential Information may cause Company with substantial harm, thus, upon breach of this provision Company shall be entitled to seek appropriate equitable relief in addition to any other remedies it may have at law. “Confidential Information” shall mean any non-public, proprietary, confidential or trade secret information of a party that a reasonable person or entity should have reason to believe is proprietary, confidential, or competitively sensitive, including, without limitation, business procedures, technology and any related documentation, client list, developments, business partners or other information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”) either directly or indirectly in writing, orally or by drawings or inspection of parts or equipment. Confidential Information shall not include any information which: (i) was known to the Receiving Party or in its possession at the time of disclosure without any confidentiality obligation; (ii) becomes publicly known and made generally available after disclosure by the Disclosing Party to the Receiving Party through no action or inaction of the Receiving Party; (iii) is independently developed by the Receiving Party without reliance on or use of the Confidential Information or any part thereof and the Receiving Party can show written proof of such independent development or (iv) required to be disclosed by applicable law, regulatory authority or a valid court order, provided that the Receiving Party shall provide the Disclosing Party with reasonable prior written notice of the required disclosure in order for the Disclosing Party to obtain a protective order and the disclosure shall be limited to the extent expressly required; (v) is approved for release by prior written authorization of the Disclosing Party; or (vi) the Receiving Party can demonstrate was disclosed by the Disclosing Party to a third party without any obligations of confidentiality.
Non-Solicitation, Non-Competition
The Customer shall not during the entire period of validity of this agreement and for a period of 1 (one) year following its termination (regardless of the reasons for such termination) directly or indirectly (including through third persons) (1) offer, encourage or solicit any customer or other partner of the Company to seize, suspend or refuse from prolonging its commercial relations and/or other cooperation with the Company; (2) compete with the business of the Company (hereinafter referred to as the “Business”) without the prior written consent of the Company. The term “not compete” as used herein shall mean that the Customer shall not own, manage, operate, consult, perform work, be employed or otherwise deal with the business, which is competitive with the Business.
Privacy Policy
By Using the Product, you may enable us or third parties to access, use, and collect information related to your use of the Services. Our practices concerning the collection, use and disclosure of your information are addressed in our Privacy Policy, available at: Privacy Policy https://www.growth-x.com/privacywhich is incorporated herein by reference. We encourage you to periodically review our Privacy Policy.
Dispute Resolution
Any dispute you have with us, you agree to first contact us at: dpo@growth-x.com, and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable Terms, to resolve any claim, and unless otherwise required by a mandatory law dispute or controversy arising out of or in connection with or relating to these Terms by binding and exclusively arbitration by the American Arbitration Association (“AAA”). ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If you wish to opt-out of this arbitration provision, you must provide us with a clear written statement of your wish to opt-out (“Opt-Out Statement”). The Opt-Out Statement shall include your full name and residence address. This arbitration agreement will survive the termination of these Terms.
These Terms are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms and Conditions, you agree to resolve any dispute you have with exclusively in an arbitration proceeding located in Florida, USA, for the purpose of litigating all such disputes. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident and will be permanently barred afterwards.
Amendments
We may amend these Terms from time to time, at its sole discretion and without any notice. We will make best efforts to provide a notification regarding what we believe are material changes of these Terms, at our sole discretion. Such material changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
Miscellaneous
These Terms, constitutes the entire understanding between the parties with respect to the use of the Product and our Service. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. We may assign our rights under these Terms to any third party at our sole discretion.
Contact Information.
If you have any questions or comments about these Terms, please contact us at:
Krembo, LLC.
3650 NW 82 avenue suite 401, Doral, FL 33166
You can also contact us via email at: dpo@growth-x.com