Terms And Conditions

1. Introduction

These Terms and Conditions ("Agreement") set forth the legal agreement between you ("User" or "Customer") and The Smart Growth Strategy Co Ltd t/as The Smart Growth Co. ("Company"), governing your use of the services, software, community forums, and any other products or services offered by the Company through its website, mobile application, or other delivery platforms (collectively, "Services"). By accessing, subscribing to, or using the Services, you affirm your agreement to these Terms and Conditions. If you disagree with any part of these terms, you must not use the Services.

These Terms apply to all users, including visitors, customers, and clients of The Smart Growth Co.

In this Agreement, the following terms shall have the meanings set out below:

“Content” encompasses all materials made available through the Services, including, but not limited to, text, data, graphics, images, video, audio, templates, and courses.

“Intellectual Property Rights” includes all forms of intellectual property rights, such as patents, copyrights, trademarks, trade secrets, and all other proprietary rights.

“Service Subscription” refers to the contractual arrangement wherein a Customer subscribes to the Company's Services under the specified terms, including any associated fees and charges.

2. Use of Services

2.1. Eligibility

Service users must be 18 years of age or older. By engaging with the Services, you represent that you meet this age requirement and possess the legal authority to enter into binding agreements.

2.2 License Grant

The Company grants you a non-exclusive, non-transferable, and revocable license to access and use the Services strictly in accordance with these Terms and Conditions.

2.3 Usage Restrictions

You agree not to:

• Employ the Services for any unlawful or unauthorized purpose.

• Use the Services for any illegal or unauthorized purpose.

• Replicate, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services without express written consent from the Company.

• Circumvent or disable any security or technological features or measures of the Services.

• Access or use the Services in a way that could damage, disable, overburden or impair the Services;

• Use any robot, spider, scraper or other automated means to access the Services for any purpose without the Company’s prior written consent;

• Attempt to interfere with the proper working of the Services, including but not limited to, bypassing measures used to prevent or restrict access to the Services.

2.4 Account Registration and Security
You may be required to register an account to access certain features of the Services. You must provide accurate and complete information and keep this information up to date. You are solely responsible for maintaining the confidentiality of your account details and for all activities under your account.

3. Financial Terms

3.1 Eligibility

To engage with our services, you must:

- Be a registered business owner or acting on behalf of a business entity

- Be at least 18 years old

- Provide accurate and up-to-date information during registration

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. If you suspect unauthorised access, notify us immediately at [email protected].

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3.3 Business Use Only

Our services are intended strictly for business use. You agree NOT to:

- Use our services for personal or consumer purposes

- Copy, modify, resell, or misrepresent any part of our services

- Use our services for illegal, fraudulent, or unethical activities

3.4 User Conduct

You agree to use these platforms only for lawful purposes and not to post, share, or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable content.

Failure to comply may result in account suspension or legal action.

4. Intellectual Property

4.1 Subscription Terms

Smart Growth Starter and Smart Growth Pro are subscription-based services with ongoing monthly and annual billing.

- By subscribing, you agree to automated recurring payments via Stripe or other authorised payment providers.

- The subscription will auto-renew until cancelled by the user.

4.2 Trials

- Some plans may offer a free or paid trial period before billing starts.

- It is your responsibility to cancel a trial period.

- If you do not cancel before the trial ends, your subscription will automatically convert to a paid plan.

- If a trial period converts to a paid plan, our standard cancellation terms apply (see section 5 below).

4.3 Renewals

- Monthly plans will renew each month, without notice, until cancelled.

- Annual plans will renew automatically on an annual basis, on the date that you originally subscribed to our system, until cancelled.

- All annual plan members will receive a 30-day and 7-day reminder emails of their upcoming renewal.

- It is your responsibility to cancel your subscription if you no longer wish to proceed with your membership.

4.4 Payment Failures & Account Suspension

- If payment fails, your account will be temporarily suspended until the payment has been made.

- We will attempt to automatically process it using the payment card on file for up to 14 days.

- If a payment remains outstanding for 14 days, we may delete your account permanently.

5. Cancellation & Refunds

5.1 How To Cancel Your Subscription

All subscription cancellations must be processed through the cancellation form in the Members Lounge. If you're unsure how to access the cancellation form, please email [email protected].

5.2 Cancellation Policy for Monthly Plans:

- All monthly plans are subject to a 30-day notice period.

- Cancellations will take effect 30 days from the point of first notification via the Helpdesk, cancellation form or email.

- All subscription payments due within the 30 days must continue to be made and not cancelled.

- Once the 30 day notice period has expired, your plan will be cancelled and access will be revoked.

- There are no refunds for partial months or unused time.

5.3 Cancellation Policy for Annual Plans:

- Annual plans are not subject to a 30-day notice period.

- All cancellation request for annual plans must be submitted before the renewal of the plan.

- Submissions after the renewal of an annual plan will be processed the following year.

- Members will retain access to the system benefits and features until the end of their billing period.

5.4 Refund Policy

- We do not offer refunds once a payment has been processed.

- If you believe a billing error has occurred, contact [email protected] within 14 days of the charge.

6. Use of Smart Growth System (SGS)

6.1 Access & Licensing

- Your subscription grants you a non-exclusive, non-transferable license to access the Smart Growth System (SGS).

- You may not share, resell, or transfer access to your SGS account.

6.2 Acceptable Use

You agree to:

- Use the SGS platform for business purposes only.

- Follow all guidelines and training provided.

- Ensure that all automated communications comply with applicable laws (e.g., GDPR for email marketing).

You may not:

- Attempt to modify, hack, or interfere with SGS systems.

- Use SGS for spam, phishing, or unauthorised mass marketing.

- Engage in any misuse that may harm other users or the platform.

Violations may result in immediate termination of access.

6.3 Transferring Your GoHighLevel Account

It is possible to transfer Sub-Accounts between GoHighLevel Agencies. The transfer of any sub-account away from Smart Growth System at the discretion of the Company. In the cases where a transfer requested and is agreed by the Company, a purchase fee of £250 will apply. The transfer of an account is still subject to the cancellation terms stated in section 5 (above). All fee's and remaining subscriptions must be paid prior to the account being transferred.

7. Intellectual Property & Licensing

7.1 Ownership

- All materials, software, and intellectual property related to Smart Growth System remain the sole property of The Smart Growth Strategy Co Ltd.

- You are granted a limited license to use SGS during your active subscription.

7.2 Restrictions

- You may not copy, distribute, modify, or create derivative works based on our software, training, or systems.

- Any unauthorised use of our intellectual property may result in legal action.

8. Limitation of Liability

8.1 No Guarantees on Business Outcomes

- While our systems and training are designed to help businesses grow, we do not guarantee specific revenue, leads, or results.

- Your success depends on your implementation, industry, and external factors beyond our control.

8.2 Limitation of Liability

To the maximum extent permitted by UK law:

- We are not liable for indirect, incidental, or consequential damages resulting from your use of our services.

- Our total liability under any claim is limited to the amount paid by you for services in the past 3 months.

9. Data Protection & Privacy

We comply with UK GDPR and all applicable data protection laws regarding the handling of user data.

- We collect and process personal and business data as outlined in our Privacy Policy.

- Your data will never be sold or shared with third parties without your consent, except where legally required.

10. Governing Law & Dispute Resolution

10.1 Governing Law

These Terms are governed by and shall be interpreted in accordance with the laws of England and Wales.

10.2 Dispute Resolution

- Any disputes will first be attempted to be resolved amicably through negotiation.

- If no resolution is reached, disputes shall be settled via arbitration in England or Wales, in accordance with UK arbitration laws.

11. Changes to These Terms

We may update these Terms at any time. Significant changes will be communicated via email or platform notifications.

Your continued use of our services after updates constitutes acceptance of the revised Terms.

12. Contact Information

If you have any questions or concerns about this agreement or the Services, please contact us at '

[email protected]'.

By using our Services, you signify your agreement to this Terms and Conditions. If you do not agree to the Terms, please do not use the Services.

Last Updated: 10th of February 2025

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