Terms and Conditions
Latest Update: 13 June 2026
1. Introduction
1.1 These Terms and Conditions (the Terms) govern access to and use of the website at www.growbysystems.com, our CRM, our software, our platform, and the services made available by Faithful Foundations Limited, a company registered in England and Wales with company number 15721077 and registered office at Unit 26 Silicon Business Centre, 28 Wadsworth Road, Perivale, UB6 7JZ, London, UK, trading as Grow by Systems (Grow by Systems, we, us or our).
1.2 The customer is the business, organisation, partnership, sole trader, self-employed business owner, or other legal person that purchases, accesses, trials, or uses the services (Customer, you or your).
1.3 These Terms apply to CRM access-only plans listed on our website, setup packages, onboarding services, marketing services, consulting services, business growth retainers, commission-based services, hybrid fee arrangements, add-ons, usage-based services, and any other services we agree to provide, except to the extent expressly varied by a separate written proposal, order form, statement of work, service agreement, or other written agreement accepted by us.
1.4 Grow by Systems is the customer-facing provider of the platform and services. References to “our platform”, “our CRM”, “our software”, “third-party technology providers”, “third-party infrastructure providers”, “payment providers”, “integrations”, “subprocessors”, or similar expressions describe service components and support arrangements without identifying any particular underlying provider unless we decide that disclosure is required or commercially appropriate.
2. Definitions and interpretation
2.1 In these Terms:
· Add-ons means additional services, features, integrations, usage allowances, training, campaign support, configuration, or other extras purchased in addition to a plan or Tailored Service.
· Applicable Law means all laws, regulations, regulatory guidance, industry rules, codes, sanctions regimes, export-control rules, platform policies, carrier rules, payment provider rules, advertising platform rules, and third-party provider requirements that apply to the Customer, its business, its campaigns, its data, or its use of the Services.
· Communications Assets means telephone numbers, sender IDs, messaging profiles, domains, subdomains, tracking numbers, email sending domains, verified sender records, templates, registrations, and similar assets used for communications, attribution, or campaign delivery.
· CRM Data means data entered into, uploaded to, generated by, stored in, transmitted through, or processed within our CRM or related platform features, including account data, contact records, lead records, pipeline data, communications, campaign data, transaction references, reporting data, and configuration data.
· Customer Content means materials, copy, designs, trade marks, logos, data, lists, offers, landing page content, messages, emails, SMS, voicemail, scripts, adverts, prompts, automation logic, review request content, and other content supplied, uploaded, approved, or controlled by the Customer.
· Customer Personal Data means personal data processed by Grow by Systems on behalf of the Customer as processor under the Data Processing Terms in Schedule 1.
· Fair Use means use that is reasonable, lawful, non-abusive, technically safe, commercially proportionate, and consistent with any usage assumptions, plan limits, provider rules, network rules, and acceptable use requirements applicable to the relevant Services.
· Order means any website checkout, subscription selection, proposal, order form, statement of work, service agreement, written acceptance, email confirmation, message, invoice, call-confirmed agreement, online meeting record, or other written communication that describes Services, pricing, scope, deliverables, cancellation terms, commission terms, or usage terms.
· Services means CRM access, software access, onboarding, setup, marketing, consulting, business growth, campaign management, automation, funnel, reporting, commission-based, retainer, and related services supplied by or through Grow by Systems.
· Suppression Records means opt-out lists, unsubscribe records, do-not-contact lists, bounce lists, spam complaint records, global exclusion lists, suppression lists, consent records, and similar records maintained to comply with law, provider rules, deliverability requirements, or recipient requests.
· Tailored Services means any services not fully described by a standard website-listed CRM access plan, including setup packages, retainers, commission-based services, hybrid services, bespoke consulting, marketing, campaign management, automation, funnel building, and business growth services.
· Usage Data means technical, diagnostic, statistical, performance, aggregated, anonymised, or de-identified data relating to the use, operation, security, performance, improvement, analytics, or availability of the Services, provided that externally used aggregated or anonymised data does not identify the Customer or any individual.
· Usage Fees means fees based on usage, volume, message sending, email, SMS, telephony, voicemail, AI, contacts, transactions, payments, storage, integrations, or other metered functions.
2.2 References to writing include email, online checkout confirmations, proposals, order forms, statements of work, signed agreements, platform messages, written call summaries, and other written communications.
2.3 If there is a conflict between these Terms and a separate written Order, the order of precedence in clause 13 applies unless expressly stated otherwise.
3. Business-only use
3.1 The Services are supplied only to businesses and self-employed business owners acting wholly or mainly for business purposes. We do not knowingly supply the Services to consumers.
3.2 By accessing, trialling, purchasing, or using the Services, you represent and warrant that:
· you are acting for business purposes and not as a consumer;
· you have full authority to enter into the contract on behalf of the Customer;
· the Customer is legally able to receive and use the Services in each country in which it operates or sends communications; and
· all information you provide to us is accurate, complete, and not misleading.
3.3 If you are using the Services on behalf of a company, partnership, organisation, or other entity, you accept these Terms for that entity and confirm that the entity is bound by these Terms.
4. Acceptance of Terms and authority to bind a business
4.1 You accept these Terms when you create an account, start a free trial, subscribe to a plan, pay an invoice, sign or accept an Order, access the CRM, use the Services, or otherwise indicate acceptance in writing or by conduct.
4.2 You must not use the Services if you do not agree to these Terms, the Data Processing Terms, and any applicable Order.
4.3 You confirm that you have authority to bind the relevant business, organisation, partnership, company, sole trader business, or other Customer to these Terms. If you do not have such authority, you must not purchase, trial, access, or use the Services on behalf of that Customer.
4.4 We may require additional terms or policies to be accepted for particular features, integrations, payment functions, AI tools, communication tools, or Tailored Services. Those additional terms form part of the contract to the extent applicable.
5. Description of Services
5.1 Grow by Systems provides CRM access, onboarding, setup, marketing, consulting, and business growth services. The Services may include, depending on the plan or Order:
· CRM access, pipelines, calendars, booking functions, forms, automations, websites, funnels, landing pages, email, SMS, voicemail, review requests, AI chat, tracking, payments, reporting, analytics, and integrations;
· CRM setup, onboarding, campaign setup, SMS and email configuration, funnel building, automation setup, and related configuration;
· consulting, marketing services, campaign management, business growth strategy, reporting, retainer services, commission-based services, and other Tailored Services; and
· third-party integrations, infrastructure, communication tools, payment tools, AI features, and other technology components made available through or in connection with our platform.
5.2 The exact Services, package names, features, pricing, deliverables, usage allowances, limitations, and cancellation terms are those shown on the relevant website page, checkout page, proposal, Order, statement of work, service agreement, invoice, written confirmation, or other written agreement.
5.3 We may add, remove, suspend, vary, replace, or discontinue features or third-party integrations where reasonably necessary for security, legal compliance, technology changes, provider changes, product development, misuse prevention, or commercial reasons. We will use reasonable endeavours to avoid materially reducing core paid functionality during a paid subscription period, but we do not guarantee that any particular feature, integration, third-party provider, or provider policy will remain available indefinitely.
6. CRM access-only plans
6.1 CRM access-only plans may be listed publicly on our website and may be purchased through an online checkout, proposal, or other Order. These plans provide access to our CRM and the plan features specified for the package selected.
6.2 CRM access-only plans may be provided with or without an optional setup package. Unless expressly included in the plan or separately agreed in writing, CRM access-only plans do not include bespoke setup, campaign strategy, marketing management, consulting, custom implementation, data migration, copywriting, advertising management, or business growth services.
6.3 Features may include CRM access, pipelines, calendars, forms, automation, websites/funnels, email, SMS, voicemail, review requests, AI chat, tracking, payments, reporting, and integrations, depending on the package.
6.4 Feature availability may depend on the selected package, usage limits, third-party provider availability, integrations, the Customer’s configuration, regulatory requirements, and third-party rules. Some features may require additional setup, approvals, verification, third-party accounts, customer credentials, or payment of additional fees.
7. Free trials
7.1 We may offer a 14-day free trial for CRM access-only packages. Free trials apply only to CRM access-only packages unless we expressly state otherwise in writing.
7.2 Free trials do not apply to setup packages, retainers, commission-based services, hybrid services, bespoke marketing, consulting, funnel building, campaign management, onboarding services, or Tailored Services unless expressly agreed in writing.
7.3 We may require payment details to activate a free trial. If a trial is configured to convert to a paid subscription, the checkout or written Order should state this. You are responsible for cancelling before the trial ends if you do not wish to continue on a paid basis.
7.4 Free trials must not be used consecutively, repeatedly, under multiple accounts, through related businesses, through misleading details, or in any other manner designed to avoid payment or obtain more trial access than we intended to provide.
7.5 We may refuse, limit, suspend, or terminate a free trial at any time where we reasonably suspect misuse, duplicate trials, repeated or back-to-back trials, prohibited activity, excessive usage, legal risk, non-compliance, payment avoidance, or use outside the intended business purpose.
7.6 Trial access is provided as-is, subject to these Terms, and may be limited in functionality, duration, support, integrations, sending capability, volume, data retention, usage allowances, or third-party approvals.
8. Setup packages
8.1 Setup packages may include CRM setup, onboarding, campaign setup, SMS and email setup, funnel building, automation setup, and related configuration. Setup package scope, pricing, timeline, deliverables, customer inputs, assumptions, exclusions, and cancellation terms may vary and must be agreed at signup or later in writing.
8.2 Unless otherwise agreed in writing, setup services are not unlimited. Any work outside the agreed scope may be treated as an additional service and charged at our then-current rates or as otherwise agreed.
8.3 You must provide timely access, credentials, content, brand assets, data, instructions, approvals, and feedback reasonably required to perform setup services. We are not responsible for delay, reduced performance, missed deadlines, or additional cost caused by your failure to provide required cooperation.
8.4 Setup fees are generally non-refundable once paid, particularly where work has commenced, resources have been allocated, or third-party costs have been incurred, unless required by law or expressly agreed in writing.
9. Tailored service packages and business growth retainers
9.1 We may provide Tailored Services on a monthly retainer, commission-based, hybrid, fixed-fee, project, or other fee structure. Tailored Services may include consulting, marketing services, SMS or email campaign setup, funnel building, CRM services, automation setup, campaign management, business growth strategy, reporting, and other related services.
9.2 Tailored Services are agreed separately through proposals, order forms, statements of work, service agreements, messages, emails, calls, online meetings, written confirmations, or other written communication. The relevant written agreement should specify scope, deliverables, fees, commission structure, payment timing, cancellation terms, performance assumptions, customer responsibilities, and exclusions.
9.3 Where no separate cancellation terms are agreed for tailored retainer services, the default cancellation term is 30 days’ written notice. Fees remain payable during the notice period and any committed third-party or non-cancellable costs remain payable.
9.4 Where no separate cancellation terms are agreed for other Tailored Services, the Customer must pay for all work performed, time reserved, resources allocated, agreed milestones reached, committed third-party costs, non-cancellable expenses, and reasonable wind-down or handover work incurred up to the effective cancellation date.
9.5 Unless expressly stated in the relevant Order, Tailored Services do not guarantee any specific number of leads, enquiries, appointments, sales, customers, revenue, profitability, rankings, advertising results, return on investment, or business outcome.
10. Commission-based and hybrid fee services
10.1 Commission-based services may be agreed where Grow by Systems is entitled to a commission, success fee, revenue share, percentage of sales, percentage of collected revenue, or other performance-linked fee. The exact commission structure must be set out in the relevant proposal, Order, statement of work, service agreement, or written confirmation.
10.2 Unless the relevant written agreement states otherwise:
· commission is calculated by reference to the agreed metric, such as attributed leads, appointments, closed sales, revenue collected, transaction value, gross sales, net revenue, retained customers, or another agreed measure;
· the Customer must provide accurate, timely, and complete data reasonably required to calculate, verify, audit, dispute, or evidence commission;
· commission remains payable for qualifying leads, opportunities, customers, sales, renewals, transactions, or revenue generated, introduced, assisted, or attributable during the agreed commission period, including where payment is received after termination if the relevant agreement so provides;
· we may retain relevant CRM, transaction, tracking, reporting, campaign, and commission data for as long as reasonably necessary to calculate, verify, audit, dispute, or evidence commissions; and
· commission fees are generally non-refundable unless required by law or expressly agreed in writing.
10.3 If commission terms are unclear, the parties must act in good faith to clarify them in writing. Until clarified, we may suspend commission-based work, delay further campaign activity, or invoice undisputed fixed fees, retainers, setup fees, and usage fees.
11. Website-listed plans versus tailored plans
11.1 CRM access plans may be listed on the website. Tailored Services are agreed separately and may differ from website-listed plans in pricing, scope, features, cancellation terms, deliverables, usage allowances, or support.
11.2 Website descriptions are intended to describe standard plans and may not include all assumptions, limitations, exclusions, third-party requirements, usage costs, or legal compliance responsibilities. The Customer is responsible for checking that the selected plan is suitable for its requirements before purchase.
11.3 Tailored plans take effect only when confirmed in writing by us. Discussions, calls, estimates, proposals, or draft documents are not binding unless accepted in accordance with the relevant acceptance process or confirmed by us in writing.
12. Data Processing Terms
12.1 Where Grow by Systems processes Customer Personal Data as a processor on behalf of the Customer, the Data Processing Terms set out in Schedule 1 of these Terms apply and form part of the contract between Grow by Systems and the Customer.
12.2 By accepting these Terms, ordering Services, starting a trial, accessing the CRM, or using the Services, the Customer accepts Schedule 1 — Data Processing Terms.
12.3 The Customer authorises Grow by Systems to use subprocessors and third-party technology providers as set out in the Data Processing Terms, these Terms, the Privacy Policy, and any published or notified subprocessor list.
12.4 If there is any conflict between the main body of these Terms and the Data Processing Terms in relation to the processing of Customer Personal Data, the Data Processing Terms shall take precedence to the extent of that conflict only, unless a separate written agreement expressly states otherwise.
13. Separate proposals, order forms, statements of work, and order of precedence
13.1 A proposal, order form, statement of work, service agreement, email confirmation, or other written Order may set out package names, pricing, fees, commission structures, timelines, deliverables, cancellation terms, usage allowances, support arrangements, assumptions, and exclusions.
13.2 Unless expressly stated otherwise, if there is a conflict between documents, the following order applies:
1. a separately signed written agreement between the parties, to the extent of the conflict;
2. the applicable Order, proposal, order form, statement of work, or written confirmation, to the extent of the conflict;
3. Schedule 1 — Data Processing Terms, but only for processor obligations and Customer Personal Data;
4. these Terms; and
5. website plan descriptions, pricing pages, help documents, or other general materials.
13.3 Any variation to these Terms must be expressly agreed in writing by an authorised representative of Grow by Systems. Customer purchase order terms, vendor portal terms, or similar customer terms do not apply unless expressly accepted by us in writing.
14. Customer responsibilities
14.1 The Customer is responsible for:
· ensuring that the Services are suitable for its business and legal requirements;
· selecting appropriate packages, usage allowances, settings, integrations, and workflows;
· providing accurate information, data, content, instructions, consents, approvals, access credentials, and cooperation;
· ensuring that all Customer Content, Customer Data, marketing lists, contacts, leads, prospects, customer records, and campaign instructions are lawful, accurate, current, and properly permissioned;
· complying with all Applicable Law, including data protection, privacy, marketing, advertising, consumer protection, sector-specific, sanctions, export control, financial services, telecommunications, and platform rules where applicable;
· maintaining its own records of consent, opt-ins, suppression lists, unsubscribe requests, do-not-contact requests, call or SMS permissions, and campaign approvals;
· reviewing and approving campaign materials, automations, workflows, funnels, websites, emails, SMS, voicemail scripts, AI chat configurations, payment settings, and reporting outputs before use where relevant;
· checking the accuracy and legality of information generated through the CRM, AI tools, reporting, or third-party integrations before relying on it; and
· ensuring that its users comply with these Terms.
14.2 We are not responsible for legal compliance failures caused by Customer Content, Customer Data, Customer instructions, Customer industry rules, Customer misuse, or the Customer’s failure to obtain valid consents or comply with Applicable Law.
15. Account registration and security
15.1 The Customer must provide accurate, complete, and current account, billing, business, verification, and contact information.
15.2 The Customer is responsible for maintaining the confidentiality of login credentials, controlling user permissions, enabling appropriate security settings, and all activity occurring under its account.
15.3 The Customer must promptly notify us of suspected unauthorised access, compromise, misuse, loss of credentials, or security incidents affecting its account.
15.4 We may disable, restrict, or require changes to login credentials, integrations, sending features, user permissions, or account access where reasonably necessary for security, compliance, fraud prevention, provider requirements, or suspected misuse.
15.5 Platform accounts are intended to be controlled by the Customer named in the relevant Order or by the business that authorised and paid for the account. Accounts are not transferable except with our prior written consent or as required by law.
15.6 If there is a dispute regarding ownership or control of an account, sub-account, domain, Communications Asset, data set, subscription, or workspace, we may request evidence and may consider factors such as the paying entity, account creator, verified administrator, company documents, proof of authority, correspondence history, domain ownership, signed agreements, court orders, or other evidence we reasonably consider relevant.
15.7 We are not required to act as arbitrator of account ownership disputes. We may suspend or restrict access while a dispute is unresolved, and we may act on the evidence reasonably available to us. The disputing parties remain responsible for resolving the underlying dispute between themselves.
15.8 The Customer indemnifies Grow by Systems against claims, losses, liabilities, costs, and expenses arising from false authority, unauthorised account access, disputed ownership, internal business disputes, or instructions given by persons who appeared to us to be authorised, except to the extent caused by our breach of these Terms.
16. Acceptable use policy and prohibited activities
16.1 You must use the Services only for lawful business purposes and in accordance with these Terms, the applicable Order, third-party provider rules, provider pass-through requirements, Fair Use, and Applicable Law.
16.2 You must not, and must not permit anyone else to:
· use the Services for unlawful, harmful, fraudulent, misleading, abusive, harassing, discriminatory, defamatory, obscene, exploitative, violent, extremist, or unsafe activity;
· send spam, unsolicited messages, unlawful marketing, phishing messages, malware, deceptive communications, misinformation, fake reviews, or messages without required consent or lawful basis;
· upload or process data that you do not have the right to use, disclose, transfer, import, or instruct us to process;
· attempt to gain unauthorised access to the Services, our systems, another customer’s data, third-party systems, or connected services;
· interfere with, disrupt, overload, reverse engineer, decompile, disassemble, scrape, copy, resell, sublicense, benchmark for competitive purposes, or misuse the Services except as expressly permitted;
· circumvent usage limits, sending limits, identity verification, sender registration, compliance checks, suppression lists, billing controls, suspension measures, or security controls;
· use the Services to make unlawful automated decisions, conduct unlawful profiling, or process special category, criminal offence, children’s, financial, health, or highly sensitive data without our prior written approval and appropriate safeguards;
· misrepresent identity, sender details, caller ID, domain ownership, business name, offer, pricing, customer relationship, review status, or opt-out mechanism;
· infringe third-party intellectual property, privacy, publicity, confidentiality, contractual, platform, carrier, or provider rights;
· use AI chat, content generation, automation, or campaign tools in a manner that is deceptive, unlawful, discriminatory, unsafe, high-risk, or likely to cause harm; or
· access or use the Services in breach of UK, US, EU, UN, or other applicable sanctions, export-control restrictions, restricted-party rules, or prohibited-jurisdiction rules.
16.3 Fair Use applies to all Services, including plans described as unlimited, all-inclusive, generous, or similar. We may throttle, restrict, suspend, require an upgrade, apply additional charges, impose usage limits, or terminate affected Services where usage is excessive, abusive, technically harmful, unusually high, commercially unreasonable, unlawful, or likely to affect other customers, providers, networks, deliverability, security, or platform integrity.
16.4 We may investigate suspected breaches and may suspend, restrict, disable, remove, or terminate access, features, sending, integrations, campaigns, Communications Assets, or data processing where we reasonably consider it necessary to protect Grow by Systems, other customers, third-party providers, data subjects, networks, reputation, or legal compliance.
17. Prohibited industries and restricted activities
17.1 We may refuse, suspend, or terminate Services for businesses, campaigns, content, or activities that we consider high-risk, prohibited by third-party provider rules, unlawful, unsuitable, harmful to deliverability or reputation, or outside our risk appetite. Additional prohibited or restricted industries may be listed on our website, in an Order, or notified to you in writing.
17.2 Unless expressly approved by us in writing and permitted by all Applicable Law and third-party provider rules, you must not use the Services in connection with:
· illegal products, services, content, or activities;
· fraud, scams, phishing, malware, impersonation, social engineering, fake reviews, fake engagement, pyramid schemes, get-rich-quick schemes, deceptive earnings claims, or misleading business opportunities;
· unlicensed financial services, unlawful financial promotions, credit repair, debt relief, payday lending, lending, investment, securities, cryptoasset, insurance, tax, legal, immigration, or regulated professional services where approval, licensing, or regulatory permissions are required;
· adult entertainment, sexual content, escort services, pornography, or sexually explicit products or services;
· weapons, explosives, controlled substances, illegal drugs, cannabis products, drug paraphernalia, tobacco, vaping, nicotine, or regulated age-restricted goods except where expressly permitted;
· gambling, betting, lotteries, competitions, sweepstakes, or prize promotions except where lawful and expressly approved;
· healthcare, medical, pharmaceutical, mental health, supplements, weight-loss, or high-risk wellbeing claims unless lawful, substantiated, appropriately licensed, and expressly approved;
· hate, harassment, extremist content, political manipulation, voter suppression, unlawful discrimination, misinformation, or activities that exploit vulnerable persons;
· data broking, list selling, unlawful lead generation, unlawful scraping, unsolicited marketing without proper permissions, or enrichment activities prohibited by applicable data providers;
· high-risk automated eligibility, credit, employment, housing, education, insurance, healthcare, legal, or similarly significant decision-making unless expressly approved and fully lawful;
· unlawful advertising, misleading claims, unsubstantiated testimonials, false scarcity, deceptive pricing, or non-compliant promotions; or
· any industry, country, campaign, content, data use, or activity prohibited or restricted by payment providers, SMS providers, email providers, advertising platforms, telecommunications providers, AI providers, app stores, infrastructure providers, or other third-party providers.
17.3 Approval of any restricted activity does not transfer legal responsibility to us. The Customer remains responsible for all legal, regulatory, licensing, platform, provider, advertising, carrier, and consent requirements.
18. Marketing, SMS, email, voicemail, AI, reviews, and advertising compliance
18.1 The Services may enable the Customer to create, manage, automate, send, or track emails, SMS, MMS, RCS, calls, voicemail drops, AI chat interactions, review requests, online forms, adverts, funnels, websites, pixels, and other communications. These tools may be subject to strict legal, carrier, network, provider, advertising, privacy, and platform rules.
18.2 Unless a separate written managed-services agreement expressly states otherwise, the Customer is the sender, advertiser, marketer, seller, telemarketer, campaign owner, data controller, content owner, and business responsible for communications, campaigns, adverts, review requests, calls, messages, lists, audiences, and related tracking sent or configured through the Services.
18.3 The Customer is solely responsible for ensuring that each campaign, message, communication, list, workflow, automation, AI chat flow, review request, advert, funnel, and tracking activity complies with Applicable Law and third-party provider rules in each relevant country, including rules relating to consent, opt-ins, lawful basis, electronic marketing, cookies, tracking, caller identification, sender identification, registration, vetting, throughput, content approval, unsubscribe mechanisms, do-not-call lists, suppression lists, advertising claims, testimonials, reviews, promotions, and record keeping.
18.4 The Customer must comply with all carrier, network, messaging provider, email service provider, app store, advertising platform, payment provider, AI provider, and communications provider requirements, including any registration, vetting, approved-use, content, opt-out, throughput, sender-identification, sender ID, domain verification, number verification, and brand/campaign registration requirements.
18.5 The Customer must maintain adequate evidence of consent, opt-in, customer relationship, lawful basis, suppression handling, unsubscribe compliance, sender authority, campaign approval, and required registrations. We may request evidence where reasonably necessary for compliance, provider requirements, complaints, audits, deliverability, investigations, or risk management.
18.6 Grow by Systems, our CRM, or third-party communications providers may maintain Suppression Records, unsubscribe lists, global exclusion lists, blocked-recipient lists, bounce lists, complaint records, and do-not-contact records to comply with law, provider rules, recipient requests, deliverability requirements, and platform integrity. The Customer must not bypass, disable, override, import around, or otherwise circumvent these records.
18.7 The Customer must not send, instruct us to send, or permit the sending of communications to any person who has not provided required consent, who has opted out, who appears on a suppression list, who has requested not to be contacted, or where sending would breach Applicable Law or provider rules.
18.8 Where Grow by Systems assists with campaign setup, strategy, automation, content, or campaign management, the Customer remains responsible for final approval of recipients, content, claims, sender information, compliance settings, consent status, lawful basis, opt-out handling, and campaign legality unless a separate written agreement expressly allocates responsibility differently.
18.9 AI chat, AI assistance, automation, and content-generation features may be provided by third-party AI providers and may produce inaccurate, incomplete, biased, unsuitable, non-compliant, or unexpected outputs. The Customer is responsible for testing, monitoring, supervising, reviewing, approving, and lawfully using AI configurations, prompts, outputs, and automated workflows, and for ensuring appropriate human review where required.
18.10 The Customer must not use AI features for unlawful, harmful, deceptive, discriminatory, regulated, high-risk, medical, legal, financial, eligibility, employment, housing, credit, insurance, or similarly significant decision-making purposes unless expressly approved in writing and unless all required legal safeguards are in place.
19. Payment terms
19.1 We may charge monthly subscriptions, annual subscriptions, setup fees, usage-based fees, monthly retainer fees, commission-based fees, add-on fees, and other fees agreed in a proposal, Order, statement of work, service agreement, invoice, or written agreement.
19.2 Fees, billing periods, due dates, renewal terms, usage allowances, taxes, currency, payment method, and payment timing are as stated on the website, checkout page, invoice, Order, proposal, or other written agreement.
19.3 Payment methods may include payment providers, bank transfer, or other payment providers added in future. We may change payment providers or require an alternative payment method where reasonably necessary.
19.4 You authorise us and our payment providers to charge your selected payment method for all fees, recurring charges, usage fees, add-ons, taxes, and other amounts due. You must keep payment details valid and up to date.
19.5 All fees are exclusive of VAT and other taxes unless expressly stated otherwise. The Customer is responsible for all applicable taxes, duties, levies, bank charges, currency conversion charges, and withholding taxes. If withholding is required by law, the Customer must gross up the payment so we receive the full amount invoiced, unless prohibited by law.
20. Subscription billing, annual plans, setup fees, retainers, commission fees, usage fees, add-ons, and taxes
20.1 Monthly subscriptions are billed monthly in advance unless stated otherwise. Annual subscriptions are billed annually in advance unless stated otherwise.
20.2 Subscriptions renew automatically for successive billing periods unless cancelled in accordance with these Terms or the applicable Order. Inactivity, non-use, lack of logins, or failure to use the Services is not cancellation.
20.3 Annual subscriptions are paid upfront and are non-refundable unless required by law, expressly agreed in writing, or approved as a conditional exception by Grow by Systems. If you cancel an annual subscription before the end of the annual term, you retain access until the end of the then-current annual billing period unless the account is suspended or terminated earlier under these Terms.
20.4 Setup fees, retainer fees, commission fees, usage-based fees, add-on fees, third-party costs, and fees for Tailored Services are generally non-refundable unless required by law or expressly agreed in writing.
20.5 Retainer fees are payable in advance unless the relevant Order states otherwise. Retainers reserve availability, capacity, and expertise; unused time, activity, or support does not roll over unless expressly agreed in writing.
20.6 Usage Fees may include charges from or relating to communication providers, AI tools, payment functions, storage, email, SMS, telephony, voicemail, integrations, tracking, or other metered services. Usage Fees may vary based on provider pricing, exchange rates, taxes, network charges, carrier charges, provider surcharges, regulatory charges, or usage patterns.
20.7 Some Orders may be all-inclusive and some may be usage-dependent. Where prepaid balances, usage credits, wallet balances, top-ups, automatic replenishment, expiry, refunds, or usage-credit mechanics apply, those terms should be set out in the relevant proposal, Order, statement of work, service agreement, or written agreement. Unless expressly stated in an Order, these Terms do not create any universal wallet or credit-balance arrangement.
20.8 Add-ons may be billed immediately, at the next renewal, pro rata, or as otherwise stated at purchase or in the applicable Order.
20.9 We may increase fees on renewal or by giving reasonable written notice, unless the applicable Order fixes pricing for a specified term. Continued use after the effective date of a price change constitutes acceptance of the updated fees.
20.10 If third-party providers increase costs, add surcharges, impose new compliance fees, require registration charges, change currency conversion arrangements, or alter usage-based pricing, we may pass through those charges or update the affected fees on reasonable notice or as stated in the applicable Order.
21. Bank transfer terms
21.1 Where payment by bank transfer is accepted, invoices are payable by the due date stated on the invoice or, if no date is stated, within 7 days of invoice date.
21.2 Payment is not made until cleared funds are received in our nominated bank account. You are responsible for including accurate invoice references and paying all bank, transfer, currency conversion, and intermediary charges.
21.3 We may require recurring card or direct debit payment for subscriptions or usage-based services and may suspend Services where bank transfer payments are late, incomplete, or administratively unsuitable.
22. Overdue payment and non-payment
22.1 If any amount is overdue or not received in cleared funds by the due date, we may:
suspend or restrict access to the Services, including CRM access, sending features, integrations, campaigns, and support;
pause or terminate Tailored Services, setup work, retainers, and campaign management;
withhold deliverables, exports, handover support, or transfer assistance until payment is made;
require payment in advance, a deposit, or a different payment method for future Services; and
exercise any other contractual or legal remedy available to us, except that we will not charge interest or late fees on overdue amounts.
22.2 Grow by Systems does not charge contractual interest, statutory interest, late payment interest, late fees, default fees, penalty fees, administrative late fees, or fixed-sum late-payment compensation on overdue amounts.
22.3 We may recover payment-provider, bank, card-network, failed-payment, chargeback, reversal, or similar third-party charges that we actually incur as a result of failed, disputed, reversed, or unauthorised payments, to the extent permitted by law. These are not interest or late fees and are not charged merely because a payment is overdue.
22.4 Suspension for non-payment does not relieve the Customer of the obligation to pay accrued or continuing fees, including subscription fees, notice-period fees, usage fees, commission fees, and third-party costs.
22.5 The Customer must raise any invoice or billing dispute in writing within 30 days of the relevant invoice, charge, or renewal. The notice must identify the disputed amount and the reasons for dispute. Undisputed amounts must be paid when due while the parties review the dispute in good faith.
22.6 Chargebacks, payment reversals, failed payments, or payment-provider disputes do not cancel the Services or remove the Customer’s obligation to pay valid fees. We may suspend Services while a payment issue is investigated or unresolved.
23. Cancellation
23.1 CRM access customers may cancel at any time through the available cancellation process or by written notice to info@growbysystems.com, unless a different cancellation method is specified in the relevant plan or Order. After cancellation, access continues until the end of the current billing cycle, unless the account is suspended or terminated earlier under these Terms.
23.2 Cancellation stops future renewals but does not entitle the Customer to a refund of amounts already paid, except where required by law or expressly agreed in writing.
23.3 Retainer, setup, commission-based, and Tailored Services may have different cancellation terms as agreed in a proposal, Order, statement of work, service agreement, or other written agreement.
23.4 Where no separate cancellation terms are agreed for tailored retainer services, the default cancellation notice period is 30 days’ written notice. Fees remain payable during the notice period.
23.5 Where no separate cancellation terms are agreed for setup, project, commission-based, or other Tailored Services, cancellation does not affect the Customer’s obligation to pay for work performed, milestones achieved, time reserved, resources allocated, committed costs, usage fees, commission accrued, and any agreed minimum term or non-cancellable fees.
23.6 The Customer is responsible for exporting required data, disabling campaigns, cancelling chargeable add-ons, stopping active sending, and preserving records before cancellation takes effect. We may provide reasonable assistance at our then-current rates unless otherwise agreed.
24. Refund policy
24.1 No refunds are provided as standard.
24.2 Refunds may be processed only in conditional cases at Grow by Systems’ discretion, where required by law, or where agreed in writing.
24.3 Setup fees, annual plans, retainers, commission fees, usage-based fees, add-ons, third-party costs, and fees for Tailored Services are generally non-refundable unless otherwise agreed in writing.
24.4 Any discretionary refund may be subject to conditions, deductions for actual third-party charges incurred, reversal of promotional pricing, repayment of discounts, settlement of outstanding amounts, or confirmation that the Customer has ceased using the relevant Services.
24.5 Issuing a refund in one case does not create an obligation to issue refunds in any other case.
25. Plan changes, upgrades, downgrades, and add-ons
25.1 The Customer may request plan changes, upgrades, downgrades, or add-ons. We may accept or reject such requests at our discretion and may require payment of additional fees or acceptance of additional terms.
25.2 Upgrades may take effect immediately, at the next renewal, or as otherwise agreed. Downgrades may take effect at the next billing cycle unless agreed otherwise.
25.3 Downgrades may result in loss of features, usage allowances, data access, integrations, automation, reporting, sending capability, or support. The Customer is responsible for exporting data and adjusting workflows before a downgrade.
25.4 We may require an upgrade, add-on, usage-dependent arrangement, or separate Order where usage exceeds Fair Use, plan assumptions, provider limits, technical limits, or commercial limits.
26. Suspension and termination
26.1 We may suspend, restrict, or terminate the Services, in whole or in part, immediately or on notice, where:
you fail to pay any amount when due;
you breach these Terms, the Data Processing Terms, an Order, or third-party provider rules;
we reasonably suspect unlawful, fraudulent, harmful, high-risk, abusive, or prohibited activity;
required by law, regulator, court, payment provider, communication provider, technology provider, or other third-party provider;
continued provision could expose us, customers, providers, networks, data subjects, or the public to legal, security, reputational, financial, or operational risk;
your account usage threatens service availability, security, deliverability, network reputation, provider relationships, or platform integrity; or
you become insolvent, cease trading, or are unable to pay debts as they fall due.
26.2 Suspension may include disabling access, sending, workflows, integrations, payment functions, AI functions, campaigns, support, exports, or other features. We will use reasonable endeavours to notify you where lawful and practicable, but may act without prior notice where necessary.
26.3 Termination does not affect accrued rights, payment obligations, refund limitations, confidentiality obligations, data protection obligations, limitations of liability, indemnities, dispute resolution provisions, or any clause intended to survive termination.
27. Data access after cancellation or termination
27.1 The Customer should export or download required CRM Data before cancellation or termination. After cancellation or termination, account access may cease at the end of the applicable billing period or earlier if the account is terminated for breach, misuse, legal risk, provider requirement, or non-payment.
27.2 Communications Assets may be released, disabled, suspended, filtered, blocked, reassigned, deleted, disconnected, become unavailable, or become unrecoverable after cancellation, termination, non-payment, provider action, compliance issue, regulatory issue, prolonged inactivity, failed verification, or breach of provider rules. This may include telephone numbers, sender IDs, domains, tracking numbers, email sending domains, verified sender records, templates, registrations, and related assets.
27.3 We are not liable for loss, release, blocking, suspension, filtering, reassignment, or non-recovery of Communications Assets where this results from cancellation, termination, non-payment, provider or carrier action, failure to complete verification, legal or regulatory requirements, or circumstances outside our reasonable control.
27.4 Customer Data may be retained for up to 6 months after cancellation in case the Customer returns, unless deletion is requested earlier in writing and deletion is legally and technically practicable.
27.5 Data may be deleted earlier upon written request unless retention is required or reasonably necessary for legal, accounting, tax, fraud prevention, dispute resolution, contractual, backup, security, audit, regulatory, or commission-based purposes.
27.6 For commission-based services, relevant data may be retained for longer where necessary to calculate, verify, audit, dispute, or evidence commissions.
27.7 Backups and archived copies may not be immediately deleted but will be protected and deleted or overwritten in accordance with our backup and retention processes, subject to legal or contractual retention requirements.
28. Customer Content and Customer Data
28.1 The Customer retains ownership of Customer Content and Customer Data, subject to the rights granted in these Terms and any rights held by third parties.
28.2 The Customer grants Grow by Systems a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, process, display, modify, configure, analyse, use, and otherwise handle Customer Content and Customer Data to provide, secure, support, improve, bill, administer, and protect the Services; comply with law; enforce these Terms; manage disputes; and perform agreed Services.
28.3 The Customer represents and warrants that it has all rights, permissions, licences, consents, notices, and lawful bases necessary to provide Customer Content and Customer Data to us and to authorise our processing, hosting, transmission, use, and disclosure of it as contemplated by these Terms, the Data Processing Terms, and the Services.
28.4 We are not responsible for reviewing Customer Content or Customer Data for accuracy, legality, completeness, consent status, regulatory compliance, or suitability unless expressly agreed in writing.
29. Intellectual property
29.1 Grow by Systems and its licensors retain all rights, title, and interest in and to the Services, platform, CRM configuration methods, software, templates, workflows, automation structures, know-how, methodologies, documentation, training materials, designs, processes, systems, and Grow by Systems materials, except for Customer Content and third-party materials.
29.2 Subject to payment of all applicable fees and compliance with these Terms, we grant the Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Services for its internal business purposes during the applicable subscriptio