BINDING AGREEMENT AND SCOPE OF SERVICES. This document constitutes a legally binding, comprehensive, and exclusive agreement (the "Agreement") between Growth Genesis LLC, a Limited Liability Company organized and existing under the laws of the State of Florida, United States ("Growth Genesis", "We", or "The Company"), and you, whether an individual or a corporate entity ("The Client"). By accessing our website, engaging in consulting services, using our automation software (SaaS), or interacting with our artificial intelligence agents, you acknowledge that you have read, understood, and agreed to be bound by all terms herein without modification. Growth Genesis LLC operates as a hybrid technology consulting firm and digital marketing agency; our relationship with the Client is strictly that of an independent contractor, and nothing in this Agreement creates a partnership, joint venture, or employment relationship. We reserve the exclusive right to determine the technical methods for performing the services, including the use of subcontractors and third-party infrastructure. If you do not agree with any part of these terms, your sole remedy is to immediately cease using our services and disconnect from any interaction with our systems.
ARTIFICIAL INTELLIGENCE TECHNOLOGY, VOICE, AND RECORDING CONSENT. Our services utilize advanced generative AI and voice synthesis technologies. CRITICAL NOTICE: By initiating a call, receiving a call, or interacting with our web-based voice widgets, you explicitly, knowingly, and irrevocably consent to the real-time recording of audio, the automatic transcription of the conversation, the storage of records on secure servers, and the biometric analysis of your voice (including tone and sentiment). This consent constitutes sufficient notice and full compliance under the Florida Security of Communications Act (Chapter 934) and applicable international wiretapping statutes. If you do not consent to being recorded by an AI, you must disconnect immediately. Furthermore, the Client acknowledges that AI systems are probabilistic and non-deterministic, meaning they may occasionally generate incorrect information or "hallucinations." Growth Genesis LLC does not guarantee the accuracy, truthfulness, or completeness of any response generated by our AI Agents and explicitly disclaims all liability for financial losses, legal decisions, or medical decisions made based on reliance on information provided by the AI. You agree not to use "Prompt Injection" techniques or social engineering against our systems; any attempt at manipulation will result in immediate service termination without refund.
MARKETING, ADVERTISING, AND PAYMENTS DISCLAIMER. For digital marketing and lead generation services, you expressly acknowledge that Growth Genesis LLC offers no guarantees, express or implied, regarding specific results, including Return on Investment (ROI), Return on Ad Spend (ROAS), Cost Per Lead (CPL), or sales volume. Marketing performance is subject to market volatility and changes in platform algorithms (Meta, Google, TikTok) beyond our control. You agree that all advertising budgets are paid directly to the platforms and are your sole responsibility; Growth Genesis is not responsible for refunding ad spend under any circumstances, nor shall we be liable for account suspensions, bans, or ad rejections imposed by third parties. Regarding billing, all payments made to Growth Genesis LLC for services, setup fees, or subscriptions are final and non-refundable due to the intangible and high intellectual cost nature of the services. You agree to contact us to resolve disputes before initiating a chargeback; initiating an unwarranted chargeback will be considered a material breach and friendly fraud.
INTELLECTUAL PROPERTY, THIRD-PARTY INFRASTRUCTURE, AND DATA. Growth Genesis retains all intellectual property rights to its "Background IP," methodologies, pre-existing code, and automation workflows. Upon full payment, the Client is granted a non-exclusive license for internal use, with resale or reverse engineering ("White Label") explicitly prohibited without a prior agreement. To provide services, we act as integrators of third-party infrastructure (such as OpenAI, VAPI, Twilio, AWS); we are not liable for service interruptions or downtime caused by these providers. Regarding data, you represent and warrant that you have obtained all necessary legal consents (including TCPA and GDPR compliance) to contact any "lead" you upload to our systems. You agree to indemnify, defend, and hold Growth Genesis LLC harmless from any claims, fines, or damages arising from your violation of privacy laws or telemarketing regulations.
LIMITATION OF LIABILITY, JURISDICTION, AND GOVERNING LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GROWTH GENESIS LLC'S TOTAL LIABILITY SHALL BE STRICTLY LIMITED TO THE AMOUNT OF SERVICE FEES ACTUALLY PAID BY YOU DURING THE THREE (3) MONTHS PRECEDING THE INCIDENT. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA. This Agreement shall be governed by and construed exclusively under the laws of the State of Florida, United States. You irrevocably accept the exclusive jurisdiction of the state or federal courts of Florida to resolve any dispute, waiving any objection to jurisdiction or the laws of your country of residence. For legal notices: hello@growthgenesis.us.
AI Consultancy + Automation based in Costa Rica & Florida.