Effective Date: January 1st 2026 Applies Only to Paying Clients of GrowVia Theory, LLC
1. Acceptance of Agreement
These Terms of Service and Services Agreement (“Agreement”) govern the relationship between GrowVia Theory, LLC (“GrowVia,” “Company,” “we,” “us”) and any paying client (“Client,” “you”).
By:
Checking the acceptance box at checkout,
Executing a digital or written agreement,
Submitting payment for services, or
Continuing to use GrowVia services after notice of these Terms,
Client acknowledges and agrees that this Agreement is legally binding.
If Client does not agree, Client must not purchase or use the services.
2. Scope of Services
GrowVia provides marketing automation systems, CRM configuration, AI communication tools, website services, workflow builds, advertising strategy guidance, and related digital optimization services.
GrowVia provides technology, setup, and strategic support — not guaranteed business results.
Client understands that performance outcomes depend on multiple external factors beyond GrowVia’s control, including but not limited to:
Staff response time
Sales ability
Market demand
Pricing strategy
Competition
Reputation
Lead handling quality
Advertising budget
No guarantees are made regarding revenue, bookings, lead volume, ROI, or profitability.
3. Shared Responsibility & Client Conduct
GrowVia provides systems and strategic guidance.
Client is solely responsible for:
Responding to leads
Training staff
Sales conversion
Service delivery
Legal compliance of its own business
Accuracy of business information provided
Advertising compliance
GrowVia is not responsible for lost sales or missed opportunities caused by Client inaction, delay, mismanagement, or internal staff performance.
4. Indemnification
Client agrees to defend, indemnify, and hold harmless GrowVia Theory, LLC, its members, managers, contractors, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:
Client’s business practices
Client’s advertising claims
Client’s regulatory violations
Client’s misuse of the platform
Client’s failure to comply with TCPA, CAN-SPAM, HIPAA, or other applicable laws
Client’s customer disputes
Client data misuse
Client negligence or misconduct
GrowVia does not assume legal responsibility for how Client uses messaging systems, automation tools, or advertising channels.
Client bears full responsibility for ensuring lawful use of all communications and marketing activities.
5. Compliance With Law
Client represents and warrants that:
Client has obtained proper consent for SMS, email, and automated communications.
Client complies with all applicable federal, state, and local laws.
Client will not use GrowVia services for unlawful, deceptive, abusive, or fraudulent purposes.
GrowVia may suspend services immediately if legal risk is identified.
6. Limitation of Liability
To the fullest extent permitted by law:
GrowVia shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:
Loss of profits
Loss of revenue
Business interruption
Loss of goodwill
Loss of data
GrowVia’s total aggregate liability under this Agreement shall not exceed the total fees paid by Client to GrowVia during the thirty (30) days immediately preceding the claim.
Under no circumstances shall GrowVia be liable for advertising performance or third-party platform outages.
7. Third-Party Platforms
GrowVia integrates with third-party platforms including but not limited to:
Google
Meta
Twilio
Stripe
GoHighLevel
Hosting providers
GrowVia is not responsible for:
Platform outages
API failures
Policy changes
Ad account suspensions
Messaging delivery failures
Carrier filtering
Client acknowledges that third-party platforms operate independently of GrowVia.
8. Payment Terms
All fees are due in advance.
Payments are automatically billed to the payment method provided.
If payment is more than seven (7) days overdue:
Services may be suspended.
Automations may be paused.
Access may be revoked.
All fees are non-refundable unless otherwise agreed in writing.
GrowVia may adjust pricing with thirty (30) days written notice.
9. Term & Cancellation
Initial term: One full billing cycle.
After that: Month-to-month.
Client may cancel with fifteen (15) days written notice after the first billing cycle.
Upon termination:
Access may be disabled.
Hosted assets may be removed.
Data export must be requested within seven (7) days.
Administrative export fees may apply.
10. Intellectual Property
All GrowVia systems, frameworks, templates, workflows, automation logic, and proprietary configurations remain the exclusive intellectual property of GrowVia Theory, LLC.
Client receives a limited, non-transferable license during the active service term only.
Client may not replicate, resell, reverse engineer, or distribute GrowVia systems.
11. No Partnership or Agency Relationship
GrowVia is an independent contractor.
Nothing in this Agreement creates:
A partnership
Joint venture
Agency relationship
Employment relationship
Fiduciary duty
12. Dispute Resolution
This Agreement shall be governed by the laws of the State of Oregon.
Any disputes shall be resolved exclusively in Multnomah County, Oregon.
Client agrees to attempt informal resolution before initiating legal action.
13. Force Majeure
GrowVia shall not be liable for failure or delay resulting from events beyond reasonable control, including:
Internet outages
Platform shutdowns
Government actions
Natural disasters
Labor disputes
Cybersecurity incidents
14. Modification of Terms
GrowVia may update these Terms at any time.
Continued use of services after notice constitutes acceptance of updated Terms.
15. Acceptance
By submitting payment and/or checking the acceptance box at checkout, Client acknowledges:
They have read and understood these Terms.
They agree to be legally bound.
They accept the shared responsibility model.
They agree to indemnify and protect GrowVia as outlined above.
GrowVia Theory, LLC 5441 S Macadam Ave #5105 Portland, OR 97239 [email protected] +1 360-300-5506
