xGrowth Terms of Service

  1. Introduction

Welcome to xGrowth. These Terms of Service (“Terms”) govern your access to and use of the xGrowth platform, website, and services (“Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

xGrowth provides AI-powered business automation solutions and related services to businesses of all sizes across European, Slavic, and American markets. Our platform includes AI agents for various business functions, integration capabilities, and training services.

  1. Definitions
  • “Agreement” refers to these Terms of Service.
  • “xGrowth”, “we”, “us”, or “our” refers to xGrowth, the company providing the Services.
  • “User”, “you”, or “your” refers to the individual or entity that has agreed to these Terms and is accessing or using our Services.
  • “Services” refers to all xGrowth offerings, including AI automation agents, platform access, integrations, training, and support.
  • “Subscription” refers to the purchased right to access and use the Services for a specified period.
  • “Content” refers to all information, data, text, software, graphics, and other materials uploaded, downloaded, or appearing on the Services.
  • “Client Data” refers to all data, information, and materials provided by you to xGrowth in connection with your use of the Services.
  1. Account Registration and Eligibility

3.1 Account Creation
To access our Services, you must create an account by providing accurate and complete information. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

3.2 Eligibility
You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your account. You agree to notify xGrowth immediately of any unauthorized use of your account or any other breach of security.

  1. Subscription and Payment Terms

4.1 Subscription Plans
xGrowth offers various subscription plans with different features, limitations, and pricing. The specific details of your subscription will be provided during the registration process or as otherwise agreed upon in writing.

4.2 Payment
You agree to pay all fees associated with your subscription plan. All payments are due in advance and are non-refundable, except as expressly provided in this Agreement. Fees are exclusive of all taxes, which you are responsible for paying.

4.3 Billing Cycle
Unless otherwise specified, subscriptions are billed on a monthly or annual basis. Your subscription will automatically renew at the end of each billing cycle unless you cancel it prior to the renewal date.

4.4 Changes to Fees
xGrowth reserves the right to change its fees and payment terms at any time. Any changes will be effective upon the next billing cycle. We will provide you with reasonable notice of any changes to fees.

4.5 Late Payments
If your payment is not received by the due date, xGrowth may suspend your access to the Services until payment is received. Continued non-payment may result in termination of your account.

  1. Services and Use Rights

5.1 License Grant
Subject to your compliance with these Terms and payment of applicable fees, xGrowth grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

5.2 Service Limitations
Your use of the Services is subject to any limitations specified in your subscription plan, including but not limited to the number of users, transactions, or data storage.

5.3 Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

  • Use the Services in any manner that could damage, disable, overburden, or impair the Services
  • Use any robot, spider, or other automated device to access the Services
  • Attempt to gain unauthorized access to the Services or related systems
  • Use the Services to infringe upon the rights of others
  • Use the Services to transmit any viruses, malware, or other harmful code
  • Use the Services to engage in any activity that violates applicable laws or regulations

5.4 Service Modifications
xGrowth reserves the right to modify, suspend, or discontinue any part of the Services at any time. We will provide reasonable notice of any material changes to the Services.

  1. Client Data and Privacy

6.1 Ownership of Client Data
You retain all rights, title, and interest in and to your Client Data. You grant xGrowth a limited license to use, process, and transmit Client Data as necessary to provide the Services.

6.2 Data Security
xGrowth implements reasonable security measures to protect Client Data from unauthorized access, disclosure, or destruction. 

6.3 Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.4 GDPR Compliance
For users in the European Union, xGrowth processes personal data in accordance with the General Data Protection Regulation (GDPR). As a data processor, we will:

  • Process personal data only on documented instructions from you
  • Ensure that persons authorized to process personal data have committed to confidentiality
  • Implement appropriate technical and organizational security measures
  • Assist you in responding to requests from data subjects
  • Assist you in ensuring compliance with GDPR obligations
  • Delete or return all personal data after the end of the provision of Services
  • Provide you with information necessary to demonstrate compliance

6.5 Data Processing Agreement
If required by applicable law, xGrowth will enter into a separate Data Processing Agreement with you to govern the processing of personal data.

  1. Intellectual Property Rights

7.1 xGrowth Intellectual Property
The Services, including all content, features, and functionality, are owned by xGrowth and are protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights to use xGrowth’s trademarks, logos, domain names, or other brand features.

7.2 Feedback
If you provide feedback, ideas, or suggestions regarding the Services (“Feedback”), you grant xGrowth a non-exclusive, royalty-free, perpetual, irrevocable license to use, modify, and incorporate the Feedback into our Services without any obligation to compensate you.

7.3 Third-Party Services and Content
The Services may contain links to third-party websites or services. xGrowth is not responsible for the content or practices of any third-party websites or services and does not endorse or guarantee any third-party content.

  1. Confidentiality

8.1 Confidential Information
Each party may disclose confidential information to the other party. “Confidential Information” means all non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

8.2 Protection of Confidential Information
Each party agrees to protect the other party’s Confidential Information with the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. Neither party will use the other party’s Confidential Information for any purpose outside the scope of this Agreement.

8.3 Exclusions
Confidential Information does not include information that: (a) is or becomes generally available to the public; (b) was known to the receiving party prior to its disclosure; (c) is received from a third party without breach of any obligation; or (d) was independently developed by the receiving party.

  1. Warranties and Disclaimers

9.1 Service Warranty
xGrowth warrants that the Services will perform materially in accordance with the applicable documentation. If the Services do not conform to this warranty, xGrowth will use commercially reasonable efforts to correct the non-conformity.

9.2 Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. XGROWTH DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.3 No Guarantee of Results
xGrowth does not guarantee that the Services will meet your specific requirements or that the operation of the Services will be uninterrupted or error-free. You acknowledge that the results obtained from the use of the Services may vary depending on various factors, including the quality and accuracy of Client Data.

  1. Limitation of Liability

10.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL XGROWTH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES, EVEN IF XGROWTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability
XGROWTH’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO XGROWTH DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10.3 Exceptions
The limitations of liability in this section do not apply to liability arising from: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.

  1. Indemnification

11.1 Your Indemnification
You agree to indemnify, defend, and hold harmless xGrowth and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your Client Data.

11.2 xGrowth’s Indemnification
xGrowth agrees to indemnify, defend, and hold harmless you and your officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to a claim that the Services infringe any third-party intellectual property rights.

11.3 Indemnification Procedure
The indemnified party must: (a) promptly notify the indemnifying party in writing of the claim; (b) give the indemnifying party sole control of the defense and settlement of the claim; and (c) provide reasonable assistance in the defense and settlement of the claim at the indemnifying party’s expense.

  1. Term and Termination

12.1 Term
This Agreement commences on the date you first accept these Terms and continues until all subscriptions have expired or been terminated.

12.2 Termination for Convenience
You may terminate your subscription at any time by following the cancellation process in your account settings or by contacting customer support. Termination will be effective at the end of the current billing cycle.

12.3 Termination for Cause
Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach.

12.4 Effect of Termination
Upon termination of this Agreement: (a) all licenses granted to you will terminate; (b) you will cease all use of the Services; (c) you will pay any outstanding fees; and (d) each party will return or destroy all Confidential Information of the other party.

12.5 Survival
The following sections will survive termination of this Agreement: Intellectual Property Rights, Confidentiality, Warranties and Disclaimers, Limitation of Liability, Indemnification, and any other provisions that by their nature should survive termination.

  1. Changes to Terms

xGrowth reserves the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website or by sending you an email. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms.

  1. General Provisions

14.1 Entire Agreement
These Terms, together with any other agreements referenced herein, constitute the entire agreement between you and xGrowth regarding the Services and supersede all prior agreements and understandings.

14.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law principles.

14.3 Dispute Resolution
Any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the Portuguese Arbitration Association. The arbitration shall take place in Lisbon, Portugal, and shall be conducted in English.

14.4 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.5 No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and xGrowth’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.6 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without xGrowth’s prior written consent. xGrowth may assign or transfer these Terms without your consent.

14.7 Force Majeure
xGrowth will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, fire, natural disaster, pandemic, or labor disputes.

14.8 Notices
All notices to xGrowth must be in writing and sent to the contact information provided on our website. All notices to you will be sent to the email address associated with your account.

14.9 No Agency
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority to bind the other in any respect.

  1. Contact Information

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

Email: legal@xgrowth.tech
Address: Rua da Tapada 215, Porto – Portugal
Website: www.xgrowth.tech

Last Updated: April 20, 2025