These Terms of Service (“Terms”) govern your access to and use of the websites, applications, software, content operations tools, AI-assisted workflows, integrations, and related services provided by Verba Tech Inc., doing business as AI Growth Agent (“AI Growth,” “we,” “us,” or “our”), including services available through aigrowthagent.co and related subdomains (collectively, the “Services”).
By creating an account, accepting an order form, clicking to accept these Terms, or using the Services, you agree to these Terms. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.
If you do not agree to these Terms, do not use the Services.
1. Changes to These Terms
We may update these Terms from time to time. The “Last updated” date above shows when these Terms were last changed. If we make material changes, we may provide notice through the Services, by email, or by other reasonable means. Unless we say otherwise, updated Terms become effective when posted. Your continued use of the Services after the effective date means you accept the updated Terms.
2. Privacy
Our Privacy Policy explains how we collect, use, disclose, and otherwise process personal information. Please review the Privacy Policy before using the Services.
3. Eligibility and Accounts
You must be at least 18 years old, or the age of legal majority where you live, to use the Services. Users under that age may use the Services only under the supervision of a parent or legal guardian who agrees to these Terms.
You may need an account to access some Services. You are responsible for maintaining accurate account information, protecting your login credentials, using strong passwords, and notifying us promptly if you suspect unauthorized access to your account. You may not share individual account credentials or allow unauthorized users to access the Services through your account.
4. Services and Access Rights
Subject to these Terms and your payment of applicable fees, AI Growth grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes or the purposes described in an applicable order form or written agreement.
We may update, improve, modify, suspend, or discontinue features of the Services. We will use commercially reasonable efforts to avoid changes that materially reduce the core functionality of paid Services during an active subscription term.
5. Customer Content
“Customer Content” means information, data, text, prompts, instructions, documents, website content, credentials provided through approved secure channels, assets, files, outputs, and other materials that you submit to or process through the Services.
You retain all rights you have in Customer Content. You grant AI Growth a non-exclusive, worldwide, royalty-free license to host, access, use, reproduce, process, transmit, display, adapt, and create derivative works from Customer Content only as necessary to provide, secure, support, troubleshoot, and improve the Services, comply with law, and enforce these Terms.
You represent and warrant that you have all rights, permissions, notices, and legal bases necessary to provide Customer Content to the Services and to allow AI Growth and its service providers to process Customer Content as described in these Terms and the Privacy Policy.
You are responsible for reviewing Customer Content and any outputs before publication or external use. AI-assisted outputs may be inaccurate, incomplete, duplicative, outdated, or unsuitable for your specific legal, regulatory, brand, SEO, accessibility, or business requirements.
6. Usage Data and Service Improvement
We may collect and use aggregated, de-identified, or anonymized information about use of the Services (“Usage Data”) for analytics, security, support, product development, reporting, and improving the Services. Usage Data will not identify you or your customers.
We do not claim ownership of your Customer Content. We will not use Customer Content to train third-party foundation models except where you have authorized that use, where the feature you choose requires it, or where the processing is performed by a service provider under terms intended to protect Customer Content.
7. Acceptable Use
You may not use the Services to:
- violate any law, regulation, contract, privacy right, publicity right, intellectual property right, or third-party right;
- upload, generate, publish, or distribute unlawful, defamatory, threatening, abusive, hateful, harassing, obscene, pornographic, exploitative, or deceptive content;
- send spam, unsolicited advertising, or unauthorized promotional materials;
- interfere with or disrupt the integrity, security, availability, or performance of the Services;
- attempt to access, alter, damage, scrape, extract, or reverse engineer systems, data, accounts, source code, models, or infrastructure without authorization;
- bypass usage limits, security controls, access controls, or authentication mechanisms;
- introduce viruses, malware, corrupted files, or harmful code;
- use the Services to build or operate a competing product or service in a way that misuses AI Growth confidential information, documentation, or non-public functionality;
- resell, sublicense, lease, rent, or provide the Services to third parties unless expressly authorized in writing; or
- use the Services in a way that creates material risk to AI Growth, other users, service providers, or the public.
We may investigate suspected violations and suspend or terminate access where we reasonably believe use of the Services violates these Terms, applicable law, third-party rights, or security requirements.
8. Fees, Subscriptions, and Payment
AI Growth Content Publishing is free to install and use. The app does not use Shopify Billing or require external payment, and other AI Growth Agent services are separate and are not required to use the app.
You agree to pay all fees described in the applicable order form, checkout flow, invoice, or written agreement. Prices may exclude taxes, duties, and similar governmental charges, which are your responsibility unless otherwise stated.
If a subscription renews automatically, you authorize AI Growth or its payment processor to charge the payment method on file for renewal fees and applicable taxes unless you cancel before renewal under the cancellation process made available to you.
Payments are non-refundable except where required by law or expressly stated in a written agreement. If payment is overdue, we may suspend or limit access to paid Services after reasonable notice.
Payment card and billing information may be collected and processed by third-party payment processors under their own terms and privacy policies.
9. Third-Party Services and Integrations
The Services may integrate with or depend on third-party platforms, hosting providers, analytics tools, AI providers, content management systems, advertising platforms, payment processors, email providers, authentication providers, and other services (“Third-Party Services”).
Third-Party Services are not controlled by AI Growth. Their availability, security, performance, terms, and privacy practices may affect the Services. You are responsible for maintaining the accounts, permissions, consents, and configurations required to use Third-Party Services.
AI Growth is not responsible for Third-Party Services, except to the extent required by law or expressly stated in a written agreement.
10. Ownership
AI Growth and its licensors own all rights, title, and interest in and to the Services, including software, workflows, designs, interfaces, models, processes, documentation, templates, know-how, trademarks, and related intellectual property.
Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication, waiver, estoppel, or otherwise.
11. Feedback
If you provide suggestions, comments, ideas, or other feedback about the Services (“Feedback”), you grant AI Growth a perpetual, irrevocable, worldwide, royalty-free right to use the Feedback for any purpose without restriction or compensation. Feedback is not treated as confidential unless we agree otherwise in writing.
12. Confidentiality
If either party receives non-public business, technical, product, financial, customer, security, or operational information from the other party that should reasonably be understood to be confidential, the receiving party will use reasonable care to protect that information and will use it only to perform under these Terms or an applicable written agreement.
Confidentiality obligations do not apply to information that is publicly available, already known without confidentiality obligations, independently developed, or lawfully received from a third party without confidentiality obligations.
13. Suspension and Termination
These Terms apply while you use the Services. Either party may terminate a paid subscription or written agreement according to the applicable order form or written agreement.
We may suspend or terminate your access immediately if we reasonably believe that:
- you breached these Terms;
- your use creates a security, legal, operational, or reputational risk;
- your account is involved in fraudulent, unlawful, or abusive activity;
- payment is overdue; or
- we are required to do so by law, court order, or a third-party platform.
Upon termination, your right to use the Services ends. Sections that by their nature should survive termination will survive, including payment obligations, ownership, confidentiality, disclaimers, limitation of liability, indemnification, and dispute terms.
14. Disclaimers
The Services are provided “as is” and “as available” to the fullest extent permitted by law. AI Growth disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and uninterrupted or error-free operation.
AI Growth does not warrant that AI-assisted outputs, analytics, recommendations, content drafts, code, SEO recommendations, automations, integrations, or reports will be accurate, complete, lawful, compliant, suitable for publication, or appropriate for your specific use case.
You are responsible for human review, approval, publication decisions, legal review, and compliance checks before relying on outputs or using them externally.
15. Limitation of Liability
To the fullest extent permitted by law, AI Growth and its affiliates, officers, directors, employees, contractors, agents, suppliers, and licensors will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or loss of goodwill.
To the fullest extent permitted by law, AI Growth’s total liability for claims arising out of or relating to these Terms or the Services will not exceed the greater of USD $100 or the amount you paid to AI Growth for the Services giving rise to the claim during the 12 months before the event giving rise to liability.
These limits do not apply to liability that cannot be limited under applicable law.
16. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless AI Growth and its affiliates, officers, directors, employees, contractors, agents, suppliers, and licensors from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- Customer Content;
- your use of the Services;
- your breach of these Terms;
- your violation of law or third-party rights; or
- your products, services, websites, campaigns, publications, or customer relationships.
17. Governing Law and Disputes
Unless another written agreement states otherwise, these Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.
Before filing a formal claim, each party agrees to try to resolve disputes informally by sending written notice describing the dispute and requested relief. Notices to AI Growth should be sent to [email protected]. The parties will attempt in good faith to resolve the dispute for 30 days after notice is received.
If the dispute is not resolved informally, the parties agree to resolve disputes in the state or federal courts located in San Francisco, California, unless applicable law requires another forum or the parties agree otherwise in writing.
18. Export and Sanctions
You are responsible for complying with applicable export control, sanctions, and trade laws. You may not use the Services if you are located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions, or if you are on any applicable restricted-party list.
19. General Terms
These Terms, together with any applicable order form or written agreement, are the entire agreement between you and AI Growth regarding the Services and supersede prior agreements on the same subject.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent, and any unauthorized assignment is void. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
20. Contact
Questions about these Terms may be sent to:
Verba Tech Inc., doing business as AI Growth Agent
Email: [email protected]