Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Andrew White Consulting LLC, doing business as GrowthStack ("GrowthStack," "Company," "we," "us," or "our"), a Texas limited liability company.

By accessing our website at growthstack.solutions, subscribing to our services, or submitting a contact form, you agree to be bound by these Terms. If you are entering into this agreement on behalf of a business entity, you represent that you have authority to bind that entity.

If you do not agree to these Terms, do not use our services.

2. Description of Services

GrowthStack provides marketing automation services powered by the Go High Level (GHL) platform, including but not limited to:

• Missed call text-back automation
• CRM pipeline management and lead capture
• Automated SMS and email follow-up sequences
• AI Concierge voice and chat agent configuration
• Review generation and reputation management
• Search engine optimization (SEO) foundation services
• Reporting and analytics dashboards
• Custom workflow builds (Pro plan)
• Fractional CMO advisory services (Pro plan)

Service availability and features vary by subscription plan. GrowthStack reserves the right to modify, suspend, or discontinue any service feature with reasonable notice.

3. Account Registration and Client Responsibilities

To use GrowthStack services, you must provide accurate, complete, and current information during onboarding. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Promptly notifying GrowthStack of any unauthorized use of your account
• Ensuring your use of GrowthStack's services complies with all applicable laws, including the TCPA, CAN-SPAM Act, and Texas Business and Commerce Code
• Obtaining all necessary consents from your customers before sending automated communications through our platform

4. Subscription Plans and Fees

Subscription Plans

GrowthStack offers the following subscription tiers:

• Core System: $597 per month
• Full Automation: $897 per month
• Done For You: $1,497 per month (3-month minimum commitment)

Pricing is subject to change with 30 days' written notice to active subscribers.

Billing

• Subscriptions are billed monthly in advance on the date of enrollment
• Payment is due upon receipt; accounts past due by more than 7 days may be suspended
• All fees are in U.S. dollars
• GrowthStack uses a third-party payment processor; your payment information is subject to their security practices

Taxes

You are responsible for all applicable taxes, including Texas sales tax where applicable under Tex. Tax Code § 151 et seq. GrowthStack will collect and remit sales tax as required by Texas law.

5. Cancellation and Refund Policy

Month-to-Month Plans (Core System and Full Automation)

You may cancel your subscription at any time by providing written notice to GrowthStack. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial months. Access to the platform continues through the end of the paid period.

Done For You Plan (3-Month Minimum)

The Done For You plan requires a minimum 3-month commitment. Early cancellation within the initial 3-month term will result in the remaining balance of the minimum term becoming due. After the initial term, the plan converts to month-to-month and may be cancelled with 30 days' written notice.

Refunds

GrowthStack does not offer refunds for services already rendered except in cases of documented service failure attributable solely to GrowthStack. Any refund requests must be submitted within 30 days of the disputed charge.

6. Intellectual Property

GrowthStack retains all intellectual property rights in its platform, workflows, templates, proprietary systems, and marketing materials. Your subscription grants you a limited, non-exclusive, non-transferable license to use GrowthStack's services during the term of your subscription.

You retain all rights to your business data, customer lists, and content you provide to GrowthStack. You grant GrowthStack a limited license to use your data solely to provide the services described in these Terms.

7. Acceptable Use

You agree not to use GrowthStack's services to:

• Send unsolicited commercial messages (spam) in violation of CAN-SPAM, TCPA, or any applicable law
• Engage in deceptive, misleading, or fraudulent practices
• Harass, threaten, or harm any individual
• Distribute malware, viruses, or other harmful code
• Violate any applicable local, state, federal, or international law
• Infringe the intellectual property rights of any third party
• Engage in any activity that unreasonably burdens GrowthStack's infrastructure

GrowthStack reserves the right to suspend or terminate accounts that violate these provisions without refund.

8. Confidentiality

Both parties agree to maintain the confidentiality of the other party's proprietary business information and not to disclose such information to third parties without prior written consent, except as required by law. GrowthStack's proprietary systems, workflows, and pricing are considered confidential information.

9. Disclaimer of Warranties

Marketing results vary based on industry, market conditions, business practices, and other factors outside GrowthStack's control. Any performance examples or case studies represent individual results and are not guarantees of future performance.

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless GrowthStack, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of our services in violation of these Terms; (b) your violation of any applicable law, including TCPA violations; (c) your infringement of any third-party rights; or (d) any content or communications you send through our platform.

12. Governing Law and Dispute Resolution

13. Termination

Either party may terminate the service agreement in accordance with the cancellation terms in Section 5. GrowthStack may immediately suspend or terminate your account without notice for material violations of these Terms, including but not limited to TCPA violations, fraudulent activity, or non-payment.

Upon termination, your right to use GrowthStack's services ceases immediately. GrowthStack will retain your data for 90 days following termination, after which it will be permanently deleted unless otherwise required by law.

14. Modifications to Terms

GrowthStack reserves the right to modify these Terms at any time. Material changes will be communicated via email to active clients at least 30 days before the effective date. Your continued use of services after the effective date constitutes acceptance of the modified Terms.

15. Entire Agreement

These Terms, together with the Privacy Policy and any executed service agreement or order form, constitute the entire agreement between you and GrowthStack regarding the services and supersede all prior agreements, communications, and understandings.

16. Contact Information

These Terms of Service are governed by the laws of the State of Texas. Venue for any legal proceedings shall be in Texas.