Terms of Service

1. The agreement

These Terms of Service (the “Terms”) are a binding agreement between GrowOutly, Inc. (“GrowOutly”, “we”, “us”) and the individual or entity that creates an account or uses the platform (“you”, “Customer”). By signing up, placing an order, or using the service you agree to these Terms. If you are agreeing on behalf of a company, you confirm you have authority to bind that company.

These Terms incorporate our Privacy Policy, Acceptable Use Policy, and Calling & Messaging Policy.

2. The service

GrowOutly is a cloud sales-communications platform. Depending on your plan it may include an outbound power dialer, inbound call handling, virtual phone numbers, Google Maps business lead collection, two-way SMS, email sending, a built-in CRM, Google Calendar scheduling, and access to a network of independent professional callers.

We may improve, change, or discontinue individual features. If we make a change that materially reduces the core functionality of your plan, we will give you at least 30 days notice and you may cancel for a prorated refund of the unused portion of your current term.

3. Accounts and users

• You must be at least 18 years old and legally able to enter contracts.
• You are responsible for all activity under your account, including activity by your team members and by any independent callers you grant access to.
• You must keep credentials confidential and tell us promptly at support@growoutly.com if you suspect unauthorised access.
• Accounts may not be shared between people. Add a user seat instead.

4. Plans, allowances, and overage

Subscriptions are sold on a monthly basis. Current plans are Base at $99, Pro at $299, and Enterprise at $799 per month. Each plan includes a monthly allowance of SMS messages, calling minutes, virtual numbers, and emails, as published on our pricing page.

• Allowances reset at the start of each billing cycle and do not roll over.
• Usage above your allowance is billed at the overage rate shown in your account. You may set a spend cap that suspends outbound usage instead of incurring overage.
• Fair-use limits apply to features sold without a numeric allowance, such as Google Maps lead collection. We will contact you before restricting usage.
• Independent callers engaged through the professional network are contracted and billed separately from your subscription.

5. Billing and renewal

• Fees are charged in advance each month to your payment method and are stated in US dollars, exclusive of taxes.
• Subscriptions renew automatically until cancelled.
• Upgrades take effect immediately and are prorated. Downgrades take effect at the start of the next billing cycle.
• You can cancel at any time in account settings. Cancellation stops the next renewal; it does not retroactively refund the current period except as set out in our Refund Policy.
• If a payment fails we may suspend the service after notifying you. Accounts suspended for more than 30 days may be deleted.

6. Your responsibilities as the caller and sender

GrowOutly provides the tools; you decide who to contact and what to say. You are the party legally responsible for your outreach. You represent and warrant that:

• You have the legal basis and, where required, the consent needed to call, text, and email each contact you load into the platform.
• You comply with all applicable telemarketing, messaging, privacy, and recording laws in every jurisdiction you contact, including do-not-call registries, calling-time restrictions, opt-out handling, and call-recording consent requirements.
• You maintain and honour your own suppression lists and process opt-outs promptly.
• You will not use the platform for the prohibited activities described in our Acceptable Use Policy.

Our Calling & Messaging Policy sets out the specific rules that apply to voice and SMS traffic on our network.

7. Customer data and ownership

You retain all rights to the data you upload, generate, or collect through the platform, including contacts, recordings, transcripts, and message content (“Customer Data”). You grant us a limited licence to host, process, transmit, and display Customer Data solely to provide and support the service.

We own the platform itself, including all software, interfaces, and documentation. Nothing in these Terms transfers ownership of our intellectual property to you.

We may generate aggregated, de-identified statistics from platform usage to improve the service. Such statistics never identify you, your contacts, or your Customer Data.

8. Third-party services

The platform integrates with third-party services such as Google Workspace, Google Calendar, Microsoft 365, and telecommunications carriers. Your use of those services is governed by their own terms. We are not responsible for their availability, changes to their APIs, or actions they take against your account.

9. Availability and support

We target 99.9% monthly availability for the platform, excluding scheduled maintenance and events outside our reasonable control, including carrier outages. Support is provided by email on all plans; Pro adds priority response and Enterprise adds a named account manager. Specific service levels and remedies, where offered, are set out in an order form.

10. Suspension and termination

We may suspend or terminate your access, with notice where practicable, if:

• You materially breach these Terms or the Acceptable Use Policy;
• Your traffic causes carrier complaints, spam reports, or regulatory action that puts our network or other customers at risk;
• Payment is overdue; or
• We are required to do so by law or by a carrier or regulator.

Where the risk is severe — for example fraud, or an active pattern of unlawful calling — we may suspend immediately and notify you afterwards. On termination you may export your Customer Data for 30 days, after which it may be permanently deleted.

11. Disclaimers

Except as expressly stated in these Terms, the platform is provided “as is” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the platform will be uninterrupted or error-free, that call or message delivery will always succeed, or that using the platform will produce any particular sales result.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to these Terms is limited to the fees you paid to us in the twelve months preceding the event giving rise to the claim.

These limits do not apply to your payment obligations, your indemnity obligations below, or to liability that cannot be limited under applicable law.

13. Indemnity

You will defend and indemnify GrowOutly against claims, damages, fines, and reasonable legal costs arising from: (a) your Customer Data; (b) your outreach, including any claim that a call, message, or email you sent through the platform violated law; or (c) your breach of these Terms or the Acceptable Use Policy.

14. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days notice by email or in-product notice. Continued use after the effective date means you accept the updated Terms. If you do not accept them, you may cancel before they take effect.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules. The state and federal courts located in Delaware have exclusive jurisdiction, and each party consents to that jurisdiction. Nothing prevents either party from seeking injunctive relief in any competent court to protect its intellectual property.

16. General

• Entire agreement. These Terms and the policies they incorporate are the entire agreement between us and supersede prior discussions.
• Assignment. You may not assign these Terms without our written consent, except to a successor in a merger or sale of substantially all assets.
• Severability. If a provision is unenforceable, the rest remains in effect.
• No waiver. Failure to enforce a provision is not a waiver of it.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.

17. Contact

Questions about these Terms can be sent to hello@growoutly.com, or by post to GrowOutly, Inc., 1209 Orange Street, Wilmington, DE 19801, United States.