Effective Date: May 5, 2025
Last Update: 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the marketing services, website, communications, and any related software or platforms (collectively, the “Services”) provided by Click Grow Space (“we,” “us,” “our,” or “Click Grow Space”), located in South Carolina.
By accessing, engaging, or using our Services, whether as a registered user or guest, you (“User,” “Client,” “you”) acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available separately), which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Services.
If you are using the Services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” and “your” will refer to that entity.
2. Description of Services
Click Grow Space provides various marketing agency services, which may include, but are not limited to, digital marketing strategy, search engine optimization (SEO), pay-per-click (PPC) advertising management, social media marketing, content creation, email marketing, website design/development consultation, appointment setting facilitation, and related analytics and reporting.
The specific scope, deliverables, timelines, and fees for Services provided to each Client will be detailed in a separate written agreement, proposal, or statement of work (“Service Agreement”). These Terms supplement any such Service Agreement. In case of conflict, the terms of the Service Agreement shall prevail regarding the specific scope and fees for that engagement.
3. Client Responsibilities
As a Client or User of our Services, you agree to:
Provide accurate, complete, and timely information necessary for Click Grow Space to perform the Services.
Cooperate reasonably with Click Grow Space and provide necessary access to personnel, platforms, accounts, or materials required for service delivery.
Secure and maintain all necessary rights, licenses, consents, and permissions for any content, data, logos, trademarks, or other materials (“Client Materials”) you provide to us or authorize us to use on your behalf. You warrant that Client Materials do not infringe upon any third-party rights, including intellectual property or privacy rights.
Comply with all applicable laws, regulations, and industry standards related to your business and your use of the Services (e.g., advertising regulations, data privacy laws).
Be solely responsible for the products, services, and operations of your business.
4. Fees and Payment
Fees for Services rendered by Click Grow Space will be outlined in the applicable Service Agreement. Unless otherwise specified in the Service Agreement, payments are due upon receipt of invoice. Late payments may incur interest charges as permitted by law. All fees are exclusive of applicable taxes, which you are responsible for paying.
5. Intellectual Property
Agency IP: Click Grow Space retains all rights, title, and interest in and to its pre-existing materials, methodologies, software, tools, know-how, documentation, and any intellectual property developed or used by us in the course of providing the Services, excluding Client Materials and specific deliverables defined below (“Agency IP”).
Client Materials: You retain all rights, title, and interest in and to the Client Materials you provide to us. You grant Click Grow Space a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Client Materials solely to the extent necessary to perform the Services under the Service Agreement.
Deliverables: Ownership and usage rights for specific work product created by Click Grow Space specifically for you as part of the Services (“Deliverables”) will be defined in the applicable Service Agreement. Unless otherwise agreed in the Service Agreement, upon full payment, you typically receive a license to use the final Deliverables for your internal business purposes; Click Grow Space may retain rights to use the underlying methodologies and non-client-specific elements.
Portfolio Rights: Unless otherwise agreed in writing, Click Grow Space reserves the right to showcase work performed for you (using non-confidential information or generalized results) in its portfolio, case studies, and marketing materials.
6. Confidentiality
Each party agrees to treat the other party’s Confidential Information (information not publicly known and identified as confidential or reasonably understood to be confidential) with the same degree of care it uses to protect its own confidential information, but not less than reasonable care. Confidential Information shall not be disclosed to third parties without prior written consent, except as required by law or as necessary for employees, contractors, or agents bound by similar confidentiality obligations to perform under these Terms or a Service Agreement. This obligation survives the termination of the Services.
7. Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLICK GROW SPACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
CLICK GROW SPACE DOES NOT GUARANTEE OR WARRANT ANY SPECIFIC OUTCOMES OR RESULTS FROM THE USE OF ITS SERVICES. MARKETING AND BUSINESS RESULTS DEPEND ON VARIOUS FACTORS BEYOND OUR CONTROL, INCLUDING MARKET CONDITIONS, COMPETITION, AND YOUR OWN BUSINESS PRACTICES. ANY FORECASTS OR PROJECTIONS PROVIDED ARE ESTIMATES ONLY.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLICK GROW SPACE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CLICK GROW SPACE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO CLICK GROW SPACE FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
9. Indemnification
You agree to defend, indemnify, and hold harmless Click Grow Space, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, privacy, or data protection right; (d) any claim that your Client Materials caused damage to a third party; or (e) your violation of any applicable law or regulation. This indemnification obligation will survive these Terms and your use of the Services.
10. Termination
Either party may terminate a Service Agreement as provided therein. We may suspend or terminate your access to the Services immediately, without prior notice or liability, if you breach these Terms. Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination shall survive, including, without limitation, ownership provisions, confidentiality obligations, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in South Carolina, and the parties irrevocably consent to the personal jurisdiction and venue therein.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice (e.g., by posting on our website or sending an email) prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
13. Miscellaneous
These Terms, together with the Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and Click Grow Space concerning the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic). 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 so that the Terms will otherwise remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
14. Contact Information
If you have any questions about these Terms, please contact us:
Click Grow Space
Address: South Carolina, USA
Phone: 864-376-8068
Email: contact.clickgrow.space