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Terms of Service

Last Updated: April 6, 2025

Welcome to GrownFox. Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the GrownFox website and services operated by GrownFox Marketing Agency.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Services

GrownFox provides digital marketing services including but not limited to lead generation funnels, website redesign and SEO, content marketing, video editing, conversion rate optimization, email marketing automation, and analytics and reporting dashboards ("Services").

The specific Services to be provided to you will be outlined in a separate agreement or statement of work that will incorporate these Terms by reference.

2. Fees and Payment

Fees for our Services are set forth in the applicable agreement or statement of work. Unless otherwise specified, all fees are quoted in U.S. dollars and are non-refundable.

Payment terms will be specified in the applicable agreement or statement of work. If you fail to make any payment when due, we reserve the right to suspend or terminate the Services.

3. Client Responsibilities

You agree to provide us with the cooperation, information, and materials that we reasonably require to perform the Services, including timely responses to our inquiries and requests for approvals and information.

You are responsible for the accuracy, completeness, and propriety of all materials and information you provide to us. You represent and warrant that you have the right to provide us with all materials and information you provide to us and that such materials and information do not infringe or violate the rights of any third party.

4. Intellectual Property

4.1 Your Materials

You retain all right, title, and interest in and to any materials, information, and intellectual property you provide to us in connection with the Services ("Client Materials"). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Client Materials solely for the purpose of providing the Services to you.

4.2 Our Materials

We retain all right, title, and interest in and to our methodologies, processes, techniques, ideas, concepts, trade secrets, and know-how ("GrownFox Materials"). Nothing in these Terms or any agreement between us shall be deemed to grant you any license or rights in the GrownFox Materials.

4.3 Deliverables

Upon full payment of all applicable fees, we grant you a non-exclusive, worldwide, perpetual license to use the deliverables created by us for you as part of the Services ("Deliverables") for your internal business purposes. This license does not include the right to use any GrownFox Materials that may be incorporated into the Deliverables.

5. Confidentiality

Each party agrees to keep confidential and not disclose to any third party any confidential information provided by the other party without the prior written consent of the disclosing party. This obligation shall not apply to information that is publicly available, already known to the receiving party, or disclosed to the receiving party by a third party without restriction.

6. Term and Termination

The term of these Terms shall begin when you access or use the Service and shall continue until terminated as provided herein.

Either party may terminate these Terms or any agreement between us for convenience upon thirty (30) days' written notice to the other party. Either party may terminate immediately upon written notice if the other party materially breaches these Terms or any agreement between us and fails to cure such breach within fifteen (15) days after receiving written notice of the breach.

Upon termination, you shall pay us for all Services performed up to the date of termination.

7. Limitation of Liability

In no event shall GrownFox, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

Our total liability to you for all claims arising from or related to the Services shall not exceed the total amount paid by you to us for the Services during the six (6) months preceding the event giving rise to the claim.

8. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. GrownFox and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither GrownFox nor its suppliers and licensors makes any warranty that the Service will be error-free or that access thereto will be continuous or uninterrupted.

We do not guarantee any specific results from the use of our Services. Marketing results depend on many factors outside of our control, including but not limited to your industry, competition, product or service offering, and market conditions.

9. Indemnification

You agree to defend, indemnify, and hold harmless GrownFox, its directors, employees, partners, agents, suppliers, and affiliates, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your Client Materials, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

12. Contact Us

If you have any questions about these Terms, please contact us at:

GrownFox Marketing Agency
123 Marketing Street
Suite 456
San Francisco, CA 94105
Email: legal@grownfox.com
Phone: (555) 123-4567