Terms of Service - 5-2-2025

Terms of Service

Last Updated: May 10, 2025

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE REVIEW SECTION 14 CAREFULLY BEFORE USING THE SERVICE.

These Terms of Service (“Terms”) govern your access to and use of the Revenue Growth Agent, a software-as-a-service web application (“Service”), provided by RevenueCEO, LLC (“we,” “us,” or “our”). By registering for an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Acceptance of Terms

  • You represent that you are at least 18 years old and have the authority to enter into these Terms personally or on behalf of the business entity you represent.

  • If you accept these Terms on behalf of a business entity, you warrant that you have the authority to bind that entity to these Terms.

  • These Terms, together with our Privacy Policy, Affiliate Agreement, and any applicable Service Level Agreement (SLA), form a binding legal agreement between you and us.

2. Service Description

  • The Service is a SaaS web application designed to assist B2B sales teams in preparing for prospect meetings and conducting discovery calls.

  • Access is provided on a subscription basis (monthly or annual, based on the number of users), subject to timely payment of fees.

  • We reserve the right to modify, suspend, or discontinue the Service at any time, with or without notice, without liability to you.

3. Account and Use

  • Account Creation: You must provide accurate, complete, and current information to create an account. You are responsible for maintaining the confidentiality of your login credentials and all activities under your account.

  • Intended Use: You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

    • Use the Service in violation of any applicable law or regulation.

    • Reverse engineer, decompile, or attempt to derive the source code of the Service.

    • Remove any proprietary notices or labels from the Service.

    • Use the Service to send spam, engage in fraudulent activities, or transmit malicious code.

  • Compliance: You are solely responsible for ensuring your use of the Service complies with all applicable laws, including data privacy regulations (e.g., GDPR, CCPA).

  • Third-Party Services: The Service integrates with third-party services, including hosting providers (e.g., Vercel, Airtable, Pinecone) and large language model (LLM) providers (e.g., Perplexity, OpenAI, Anthropic Claude, Grok) for AI functionality. We select reputable providers and implement safeguards to protect your data, but we are not responsible for their performance, security, or data practices, which are governed by their standard terms. By using the Service, you acknowledge and accept the risks of third-party processing, as authorized in these Terms.

4. Subscriptions and Fees

  • Plans: Subscriptions are offered on a monthly or annual basis, priced per user. Fees are as specified at the time of purchase and may change with notice.

  • Payment: You must provide valid payment information. Fees are billed in advance and are non-refundable, except as required by law or specified in an applicable SLA.

  • Auto-Renewal: Subscriptions automatically renew until canceled. You authorize us to charge your payment method for recurring fees.

  • Late Payments: If payment is not received within 7 days of the due date, we may suspend or terminate your account without liability.

  • Taxes: Fees exclude taxes. You are responsible for all applicable taxes related to your use of the Service.

5. Affiliate Program

  • We offer an affiliate program allowing participants to earn commissions for referring new customers to the Service. Participation is subject to our separate Affiliate Agreement, available at www.revenuegrowthagent.com/affiliate. You must apply and be approved to join the affiliate program, and compliance with the Affiliate Agreement is required.

6. Termination

  • By You: You may terminate your subscription by providing written notice to [email protected] or by canceling directly in the Service’s application. Termination is effective immediately, but you will retain access to the Service until the end of your current subscription period (monthly or annual). Canceled subscriptions will not auto-renew.

  • By Us: We may suspend or terminate your account for any reason, including non-payment, violation of these Terms, or suspected fraudulent activity, with or without notice.

  • Effect of Termination: Upon termination, your access to the Service ceases at the end of the subscription period. We will delete your data, including Client-Provided Content, within 30 days, unless you request a CSV export per Section 9. No refunds are provided for unused subscription periods, except as specified in an SLA.

7. Client-Provided Content

  • Definition: “Client-Provided Content” includes any documents, data, or materials you upload to the Service or provide to our staff for processing, such as PDFs, web links, YouTube links, case studies, testimonials, or service information, whether publicly available (e.g., on your website) or not.

  • License: By uploading or providing Client-Provided Content, you grant us a worldwide, non-exclusive, royalty-free, revocable license to use, process, store, and reproduce such content solely for the purpose of providing and improving the Service, including training the Service’s AI and storing content in our retrieval-augmented generation (RAG) database, currently using Pinecone. This license applies to content you upload directly or provide to our staff for processing and terminates upon deletion of your account, with content removed within 30 days per Section 9.

  • Ownership: You retain ownership of Client-Provided Content and warrant that you have the right to upload or provide it and grant us the above license.

  • Responsibility: You are responsible for ensuring Client-Provided Content does not include critically confidential information that, if disclosed, could harm your business (e.g., trade secrets, non-public financial data). We are not liable for any damages resulting from your submission of such information.

  • Third-Party Processing: You acknowledge that Client-Provided Content may be processed by third-party LLM providers, as described in Section 3, and consent to such processing as part of the Service.

8. Use of Logo in Promotional Materials

  • By using the Service, you grant us a worldwide, non-exclusive, royalty-free, revocable license to use your logo in our promotional materials, including on our website and marketing collateral.

  • If you do not wish us to use your logo, you may opt out by providing written notice to [email protected]. Upon receipt of such notice, we will cease using your logo in new promotional materials within a reasonable timeframe.

9. Data Ownership and Export

  • Ownership: You own all data you input into the Service (e.g., prospect names, emails, pricing information), excluding Client-Provided Content licensed under Section 7. We may use anonymized, aggregated data for improving the Service, as outlined in our Privacy Policy.

  • Export: Upon written request to [email protected] within 30 days of termination, we will provide a CSV export of your data, including Client-Provided Content. No transition assistance to other platforms is offered.

  • AI Processing: The Service may use artificial intelligence (AI) to process your data, including Client-Provided Content, for functionality and improvement. We implement safeguards to protect your data, as detailed in our Privacy Policy.

10. Intellectual Property

  • The Service, including its design, code, and content (excluding Client-Provided Content), is owned by us or our licensors and protected by copyright, trademark, and other intellectual property laws.

  • We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose during your subscription.

  • You may not reproduce, modify, distribute, or create derivative works of the Service without our prior written consent.

11. Disclaimers

  • As Is: The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

  • No Guarantees: We do not guarantee that the Service will be uninterrupted, secure, error-free, or meet your requirements. We do not guarantee specific outcomes, such as improved sales performance.

  • Third Parties: We are not liable for any third-party services, content, or integrations accessed through the Service.

  • Data Security: While we implement reasonable security measures, no system is 100% secure. You acknowledge the inherent risks of internet-based services.

12. Limitation of Liability

  • Cap: Our total liability for any claims arising from these Terms or your use of the Service is limited to the fees you paid us in the 3 months prior to the event giving rise to the claim.

  • Exclusions: We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, even if advised of the possibility.

  • Third Parties: We are not liable for any damages caused by third-party services, including LLM providers, or your interactions with other users or customers.

13. Indemnification

  • You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:

    • Your use of the Service or violation of these Terms.

    • Your Client-Provided Content or other data provided to the Service.

    • Your non-compliance with applicable laws, including data privacy regulations.

    • Disputes between you and your customers or other third parties.

14. Dispute Resolution, Arbitration, and Class Action Waiver

  • Governing Law: These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

  • Arbitration: Any dispute arising from these Terms or your use of the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Cape Coral, Florida. The Federal Arbitration Act governs this provision.

  • Class Action Waiver: All disputes must be resolved on an individual basis. You waive any right to participate in a class action, class arbitration, or consolidated claim.

  • Time Limit: Any claim must be filed within 3 months of the event giving rise to it, or it is permanently barred.

15. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy, Affiliate Agreement, and any applicable SLA, constitute the entire agreement between you and us regarding the Service.

  • Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force.

  • No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

  • Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights at any time.

16. Contact

  • For questions or support, contact us at [email protected] or RevenueCEO, LLC, 1616 Cape Coral Parkway West Suite 102-196, Cape Coral, FL 33914, United States.