Terms of Service

1. Acceptance of Terms

By accessing or using the website https://growthpro.in (the "Website") and engaging the services of GrowthPro Technologies ("we," "our," or "us"), you agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, please do not use our Website or services.

These Terms constitute a legally binding agreement between you ("Client," "User," or "you") and GrowthPro Technologies. By using our services, you represent that you have the authority to bind your organization to these Terms.

2. Our Services

GrowthPro Technologies provides a comprehensive suite of digital solutions, including but not limited to:

• Software Development: Custom web applications, mobile applications, e-commerce platforms, CMS development, and API integrations.
• Digital Marketing: SEO, SEM, social media marketing, content marketing, email marketing, and analytics.
• UI/UX Design: User experience research, interface design, prototyping, and design systems.
• Branding & Identity: Brand strategy, logo design, visual identity, and brand guidelines.
• Software Testing: Manual testing, automated testing, performance testing, and security testing.
• AI & Automation: AI-powered solutions, chatbots, predictive analytics, and process automation.
• Consulting: Technology consulting, digital transformation strategy, and technical advisory.

All services are subject to the specific terms outlined in individual service agreements, project proposals, or statements of work executed between the parties.

3. Client Responsibilities

As a client of GrowthPro Technologies, you agree to:

• Provide Accurate Information: Provide all necessary information, materials, and access required for the successful delivery of services.
• Timely Feedback: Respond promptly to requests for feedback, approvals, and decisions to avoid project delays.
• Compliance: Ensure that any content, data, or materials you provide do not infringe upon third-party rights or violate applicable laws.
• Payment: Pay all fees and charges as agreed in the service agreement or project proposal.
• Cooperation: Cooperate with our team and provide reasonable assistance as needed.

4. Intellectual Property

4.1 Ownership of Deliverables

Upon full payment of all fees, all intellectual property rights in the deliverables (software code, designs, content, and other work product) created specifically for you shall be transferred to you, unless otherwise specified in the service agreement.

4.2 Pre-Existing IP

All intellectual property owned by GrowthPro Technologies prior to the engagement, including proprietary frameworks, libraries, tools, methodologies, and reusable components ("Pre-Existing IP"), shall remain the exclusive property of GrowthPro Technologies. You are granted a non-exclusive, royalty-free, perpetual license to use Pre-Existing IP as part of the deliverables.

4.3 Third-Party IP

We may use third-party software, libraries, or content in the deliverables. Such third-party IP is subject to the respective licenses and terms of the third-party providers.

4.4 Website Content

All content on our Website, including text, graphics, logos, icons, and software, is the property of GrowthPro Technologies or its licensors and is protected by copyright, trademark, and other intellectual property laws.

5. Payments & Fees

All fees and charges for our services shall be as set forth in the service agreement, project proposal, or statement of work. Payment terms, including due dates and accepted payment methods, will be specified in the applicable agreement.

• Invoicing: We will issue invoices in accordance with the agreed payment schedule.
• Late Payments: Late payments may be subject to interest charges at the rate of 1.5% per month or the maximum rate permitted by law.
• Taxes: All fees are exclusive of applicable taxes, which shall be borne by the client.
• Refunds: Refunds are subject to the terms of the specific service agreement. Custom software development and marketing services are generally non-refundable once work has commenced.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the engagement. Confidential information includes, but is not limited to, business strategies, financial information, source code, designs, and client data.

• Obligations: The receiving party shall (a) use the confidential information only for the purposes of the engagement, (b) restrict access to authorized personnel with a need to know, and (c) protect the information with the same degree of care as it protects its own confidential information.
• Exceptions: Confidential information does not include information that is (a) publicly available, (b) independently developed without use of confidential information, or (c) required to be disclosed by law.
• Survival: These confidentiality obligations shall survive the termination of these Terms for a period of five (5) years.

7. Limitation of Liability

To the maximum extent permitted by law, GrowthPro Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with the use of our Website or services.

This limitation applies whether the claim is based on contract, tort, negligence, strict liability, or otherwise.

8. Indemnification

You agree to indemnify, defend, and hold harmless GrowthPro Technologies, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

• Your use of our Website or services in violation of these Terms;
• Any content or data you provide;
• Your breach of any applicable laws or regulations;
• Any intellectual property infringement claim related to materials provided by you;
• Any dispute between you and a third-party arising from your use of our services.

9. Termination

Either party may terminate the engagement in accordance with the terms of the applicable service agreement. Additionally:

• By Us: We may terminate these Terms or suspend your access to our Website or services if you breach any provision of these Terms, fail to make timely payments, or engage in conduct that we deem harmful to our business or reputation.
• By You: You may terminate the engagement by providing written notice as specified in the service agreement. Termination fees may apply.
• Effect of Termination: Upon termination, all outstanding fees shall become immediately due, and we shall deliver all completed deliverables for which payment has been received.

10. Governing Law

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

The courts in Bengaluru, Karnataka shall have exclusive jurisdiction over any disputes arising under these Terms.

11. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, interpretation, or performance thereof, shall be resolved as follows:

• Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiations.
• Mediation: If negotiation fails, the parties shall attempt to resolve the dispute through mediation administered by a mutually agreed mediator.
• Arbitration: If mediation fails, the dispute shall be finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be conducted in Bengaluru, Karnataka, in the English language.
• Exceptions: Either party may seek injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property rights or confidential information.

12. Force Majeure

Neither party shall be liable for any delay or failure in performance (except for payment obligations) resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disasters, strikes, governmental actions, or internet failures.

The affected party shall notify the other party promptly and shall use reasonable efforts to resume performance as soon as possible.

13. Third-Party Links

Our Website may contain links to third-party websites or services. These links are provided for your convenience, and we do not endorse or assume responsibility for the content, privacy practices, or terms of use of any third-party websites. You access third-party websites at your own risk.

14. Changes to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Changes will be effective immediately upon posting the updated Terms on our Website. Your continued use of our Website or services after any such changes constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically to stay informed of any changes. The "Last Updated" date at the top of this page indicates when the Terms were last revised.

15. Miscellaneous

• Entire Agreement: These Terms, together with any service agreements or proposals, constitute the entire agreement between you and GrowthPro Technologies.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms to an affiliate or successor in connection with a merger or acquisition.
• Notices: All notices required under these Terms shall be in writing and sent to the email addresses provided by each party.

16. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

• Email: legal@growthpro.in
• General Inquiries: contact@growthpro.in
• Phone: +91 72598 78828
• Address: GrowthPro Technologies, India