Terms of Use

4.1License

Subject to your full compliance with this Agreement and payment of applicable fees, Growth Partners grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for internal business purposes during the Subscription Term.

4.2Restrictions

You must not:

• Reverse engineer, decompile, disassemble, or attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service
• Modify, translate, or create derivative works based on the Service
• Copy, rent, lend, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service
• Use the Service for the benefit of a third party, including operation of a service bureau or similar service
• Use the Service to develop a competing product or service
• Remove, obscure, or alter any proprietary notices or labels on the Service
• Use the Service to store or transmit infringing, libelous, unlawful, or tortious material
• Use the Service to transmit viruses, worms, Trojan horses, or other harmful or malicious code
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to the Service or its related systems or networks

4.3Usage Limitations

Your use of the Service may be subject to usage limitations, including, for example, limits on the number of concurrent users, bandwidth, or API calls. Growth Partners reserves the right to monitor your usage and enforce these limitations. Excessive usage beyond reasonable business purposes may result in temporary suspension or additional charges.

All rights not expressly granted under this Agreement are reserved by Growth Partners.

5.1Subscription Plans

The Service is offered as monthly and annual subscription plans.

Monthly Plan:

• Billing occurs in advance at the beginning of each month
• Initial term is one (1) month from the subscription start date
• Automatically renews for successive one-month periods unless terminated
• Either party may terminate at the end of the current billing period
• No refunds will be issued for partially used subscription periods, except as specified in our Refund Policy

Annual Plan:

• Billing occurs in advance for the entire year
• Initial term is twelve (12) months from the subscription start date
• Automatically renews for successive twelve-month periods unless terminated
• Either party may terminate for cause with thirty (30) days written notice
• If termination is due to Growth Partners' breach or material failure to provide the agreed services, you will receive a pro-rated refund for the unused portion of the subscription
• Termination for reasons related to conversion rates, user behavior, or ROI will not constitute valid grounds for refund as these factors are affected by conditions beyond Growth Partners' control
• Termination notice must be provided in writing at least thirty (30) days before the end of the current subscription period to avoid automatic renewal

5.2Payment

Growth Partners uses Paddle.com as its payment processor. By subscribing to our Service, you agree to comply with Paddle's terms of service and to provide accurate, complete, and up-to-date billing information.

Fees are non-refundable except as expressly provided in this Agreement or the Refund Policy. You are responsible for payment of all applicable taxes, except for those based on Growth Partners' income.

If any amount you owe is thirty (30) days or more overdue, Growth Partners may, without limiting its other rights and remedies, suspend your access to the Service until such amounts are paid in full.

5.3Price Changes

Growth Partners reserves the right to modify its fees and pricing structure at any time. For existing subscriptions, price changes will take effect upon the next renewal period. We will provide at least thirty (30) days' notice of any price changes.

5.4Termination

All outstanding balances are immediately due upon termination. Upon termination or expiration:

• Your right to access and use the Service will immediately cease
• Growth Partners may delete or retain Customer Data in accordance with its Privacy Policy and data retention policies
• Sections of this Agreement which by their nature should survive will remain in full force and effect

6.1Service Availability

Growth Partners will use commercially reasonable efforts to maintain continuous 24/7 availability of the Service. However, downtime may occur due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance
• System updates or upgrades
• Hardware or software failures
• Network issues or third-party service provider failures
• Circumstances beyond our reasonable control, including force majeure events

We do not guarantee uninterrupted access to the Service. Growth Partners will not be liable for any loss or damage resulting from the unavailability of the Service.

6.2Service Level Commitment

Growth Partners aims to maintain Service availability of at least 99.5% during each calendar month, excluding scheduled maintenance. If we fail to meet this commitment, you may be eligible for service credits as determined by our then-current service level policies.

6.3Support

Growth Partners will provide reasonable technical support for the Service, with a target initial response time of 24 hours. Support includes:

• Remedial support, including bug fixes and service updates throughout the term of your active subscription
• Assistance with integration and configuration issues
• Troubleshooting of functional issues

Support requests should be submitted to support@spacefit.co. Support does not include:

• Custom development or integration services
• Training beyond standard documentation
• Support for issues resulting from modifications made by Customer or third parties
• Support for issues related to Customer's hardware, networks, or operating systems

7.1Ownership

All right, title, and interest in and to the Service, including all associated Intellectual Property Rights, remain the exclusive property of Growth Partners. You acquire no ownership interest in the Service through your use, regardless of the duration of such use.

Growth Partners and SpaceFit names, logos, product and service names, designs, and slogans are trademarks of Growth Partners. You may not use these marks without the prior written permission of Growth Partners.

7.2Feedback

Any feedback, suggestions, enhancement requests, recommendations, corrections, or other comments provided by you regarding the Service ("Feedback") shall be owned by Growth Partners. You hereby assign all right, title, and interest in and to such Feedback to Growth Partners, and acknowledge that Growth Partners has the unlimited right to use and incorporate such Feedback into the Service without compensation or attribution to you.

7.3Customer Data

You retain all rights to your data that you upload, create, or transmit through the Service. You grant Growth Partners a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such data solely for the purpose of providing you with the Service.

8.1Data Processing

The Service operates in accordance with our Privacy Policy. Growth Partners acts as a data controller with respect to Customer data and as a data processor with respect to End User data processed on behalf of Customers.

8.2Security Measures

Growth Partners implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:

• Encryption of data in transit and at rest
• Regular testing and evaluation of security measures
• Procedures to ensure ongoing confidentiality, integrity, and availability
• Processes for restoring access to data in the event of an incident
• Regular security assessments

8.3Data Breach Notification

In the event of a security breach affecting your data, Growth Partners will notify you without undue delay after becoming aware of the breach and will take reasonable steps to mitigate the effects and minimize the harm.

9.1Customer Obligations

You must:

• Provide accurate, current, and complete information when registering for the Service
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account
• Use the Service in compliance with all applicable laws and regulations
• Obtain all necessary rights and consents to share data with Growth Partners
• Ensure that your use of the Service complies with any applicable terms of service for third-party platforms where the Service is integrated

9.2Prohibited Activities

You must not:

• Use the Service for any illegal, harmful, or abusive activity
• Interfere with or disrupt the performance or functionality of the Service
• Upload or transmit viruses, malware, or other malicious code
• Use automated tools such as bots, scrapers, or crawlers to access or extract content from the Service
• Attempt to gain unauthorized access to any part of the Service or any other systems or networks connected to the Service
• Upload, post or transmit content that infringes upon others' intellectual property rights
• Use the Service to harass, threaten, impersonate, or intimidate any person
• Engage in any activity that could damage, disable, overburden, or impair the functioning of the Service
• Attempt to test, scan, or probe the vulnerability of the Service or any associated system or network
• Engage in any activity that disrupts or diminishes the quality of the Service for other users

9.3Monitoring and Enforcement

Growth Partners reserves the right, but does not have the obligation, to monitor use of the Service to verify compliance with this Agreement. We may investigate potential violations and take any action we deem appropriate, including removing content, suspending or terminating accounts, and reporting violations to authorities.

11.1Mutual Warranties

Each party represents and warrants that:

• It has the power and legal authority to enter into this Agreement
• This Agreement constitutes a valid and binding obligation, enforceable in accordance with its terms

11.2Growth Partners Warranties

Growth Partners warrants that:

• The Service will perform materially in accordance with the applicable documentation
• It will not materially decrease the functionality of the Service during the Subscription Term
• It will use industry standard measures to prevent the introduction of viruses, malware, or similar harmful material into the Service

11.3Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. GROWTH PARTNERS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GROWTH PARTNERS DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Growth Partners neither warrants nor makes any representations regarding the use, validity, accuracy, reliability or otherwise regarding the Service, any Content, or any linked or related website.

12.1Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GROWTH PARTNERS, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

12.2Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF GROWTH PARTNERS AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO GROWTH PARTNERS DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12.3Basis of the Bargain

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Growth Partners and you.

14.1Governing Law

This Agreement shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. For all purposes of this Agreement, the parties consent to the exclusive jurisdiction and venue of the courts in Nice, France.

14.2Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this Agreement, including the formation, interpretation, breach, or termination thereof, shall be resolved as follows:

1. Informal Resolution: The parties agree to first attempt to resolve any dispute informally through good faith negotiations.

2. Mediation: If the dispute cannot be resolved through informal negotiations within 30 days, the parties will submit the dispute to mediation in Nice, France.

3. Legal Proceedings: If the dispute is not resolved by mediation within 60 days, both parties agree that the courts of Nice, France shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation. The language of the proceedings shall be French or English, at the option of the claimant.

14.3Class Action Waiver

YOU AND GROWTH PARTNERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Growth Partners agree, no arbitrator may consolidate the claims of more than one person or preside over any form of representative or class proceeding.

14.4Injunctive Relief

Notwithstanding the foregoing, Growth Partners may seek injunctive or other equitable relief to protect its intellectual property rights, confidential information, or other proprietary rights in any court of competent jurisdiction.

17.1Third-Party Services

The Service may contain features that integrate with third-party services, applications, or websites. Growth Partners is not responsible for the content, policies, or practices of any third-party service. Your use of any third-party service is at your own risk and subject to the applicable terms and conditions for those services.

17.2Links

The Service may contain links to third-party websites or resources. Growth Partners provides these links only as a convenience and is not responsible for the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.